Category: Criminal law

Bad Return: MSNBC Publication Triggers A Wave Of Responses From Mockery To Criminal Allegations

imgresThe build up last night on MSNBC had my phone ringing off the hook.  Rachel Maddow proclaimed “we’ve got the Trump returns.”  It turned out to be just the 2005 filing. Well, not the 2005 filing, the first two pages.  Worse yet, it turned out to be an entirely predictable tax return for a wealthy businessman with tons of deductibles.  It seemed like the tax version of Al Capone’s safe with Geraldo Rivera.  What was particularly odd is that MSNBC was “all in” — even after seeing that there was little there.  Maddow led with a long list of things we want to know from Trump’s tax return.  But none of those things were in the return.  They lined  up experts who seemed a lot like the “weather center” reporters the night before covering the major snow storm in D.C.   Reporters literally showed a dusting on cars in parking lots and spoke breathlessly about the possible storm that never came.  The tax experts were left in the same curious position — discussing what might have been shown.  As a legal commentator, I bowed out.  It was like being called as a seismologists to discuss an earthquake that never happened.  It is certainly true that Trump and Melania paid is a rate of less than 4 percent on their personal income — $5.3 million. However, they paid an additional $31 million under the alternative minimum tax, or AMT.  They used every loophole and tactic to reduce payments but those loopholes were legal and used by many in his tax bracket.

Having said that, the White House and others went too far in raising allegations of criminal conduct by Maddow and MSNBC in reporting on the story. There was also a return to the mantra of the “dishonest media.”  There was nothing dishonest in publishing the return. It was clearly overplayed but it was not dishonest to cover the leak.

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Ohio Couple Charged After Staging Gruesome Murder As Family Prank

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Micah Risner, 29, and his fiancée Nataleigh Schlette are accused of a truly bizarre crime in Ohio.  Family members received pictures of a grotesque murder scene of Schlette.  Risner then texted his sister to suggest that he had murdered Schlette.  When police were called to the home, they found Schlette alive and the couple admitted that the whole thing was a moronic prank.  The police were not laughing and the couple was charged with “inducing panic.”

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English Woman Gets 30 Months In Jail After 153rd Arrest

1489424665574We have often discussed the difficult challenge in dealing recidivists for DUI and other non-violent offenses.  Margaret Johnson, however, is virtually in a category onto herself.  The 40-year-old  English woman has been arrested 153 times and is called  the “Pickpocket Queen of Birmingham.”

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Gross Criminal: Kentucky Man Pleads Guilty To Scalping His Girlfriend But Tell Judge To Spare Him “The Lecture”

WCPO_Zachary_Gross_1450430175123_28605000_ver1.0_640_480Zachary Gross, 31, may be the least repentant criminals to face a judge at sentencing.  The Kentucky man interrupted the judge during his hearing and told him to spare him the “lecture.”  It was a particularly curious position for a man to take after telling his pit bull to attack his girlfriend,Marilyn Stanley — leading to her being partially scalped by the dog. The horrific attack and its equally horrific aftermath was caused by Gross anger over Facebook postings by  Stanley. If there was anyone in need of a good lecture, it would seem to be Zachary Gross.

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Hawaiian Airlines Diverts Plane After Passenger Becomes Irate Over Being Charged $12 For A Simple Blanket

Hawaiian_AirlinesThere was a news story this week about a Hawaiian Airlines flight that was diverted to Los Angeles because of an unruly passenger.  Frankly, the most important aspect of the story was not the diversion but the reason:  the airline charges $12 for a passenger to have a simple blanket.  We have been discussing how airlines are stripping away basic human comforts and turning flights into cattle calls.  On top of that, the airlines are charging fees for every possible comfort, including reducing leg space to virtually zero and then charging for small increments of space in coach.  However, a $12 blanket truly represents a new low — particularly on a long flight to Hawaii.

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Pants on Fire: Lawyer Defending Accused Arsonist Suddenly Has Pants Catch Fire

Claudy CharlesStephen Gutierrez was in the middle of defending Claudy Charles (left), 48, when an odd thing happened: his pants spontaneously caught on fire.  It did not help that his client is accused of intentionally setting his car on fire in South Miami-Dade. Gutierrez was arguing that the car spontaneously combusted when his pants did so.

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Mein Meth: German Arrested After Posting Hitler Toast

The United Arab Emirates Arrests Vacationing Couple For Sex Outside Of Marriage After Doctor Discovers That Ukrainian Woman Is Pregnant

The United Arab Emirates have supplied the most recent example of the Sharia legal system in the Muslim world.  South African Emlyn Culverwell‚ 29, and his Ukrainian fiancée Iryna Nohai, 27, were arrested after Nohai wemt to the doctor over stomach pains.  In the UAE doctors appear to have no notion of confidentiality (or humanity) and informed the police when he discovered that she was pregnant.  Since she had not yet married Culverwell, that meant that they had violated the Islamic code against sex outside of marriage — even though the impregnation occurred outside of the UAE.  They are criminally charged.

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Sen. Al Franken Accuses Sessions Of Perjury

Sen. Al Franken

jeff_sessions_official_portraitWhile most Democratic senators have been somewhat circumspect in characterizing the testimony of Attorney General Jeff Sessions as “inaccurate” or “misleading,” Minnesota Sen. Al Franken yesterday publicly accused Franken of perjury.  It is a weighty charge that I have previously said would be highly difficult to actually prosecute.

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Pakistani Justice Pledges To Treat Blasphemers On Social Media As Terrorists

State_emblem_of_Pakistan.svgPakistani media is reporting a disturbing series of comments by Islamabad High Court (IHC) Justice Shaukat Aziz Siddiqui who has shown the danger of Sharia law and the erosion of the separation of mosque and state.  Justice Siddiqui  went on a religious rant recently in denouncing “disrespectful”  comments on social media and  pledged to treat all such blasphemers as terrorists.

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Hacking and the Politics of Moral Outrage

The_ScreamWith the chorus of calls for an “independent counsel” or “special prosecutor” to investigate the Russian hacking scandal, there has been one element that remains rather ambiguous: what is the specific crime to be investigated?  Clearly there is the hacking but that crime is well-known and was committed by Russians who are unlikely to be subject to any real investigation.  A special counsel, as opposed to a bipartisan commission, would require the articulation of a crime and the basis for the investigation.  I am all in favor of independent investigations of this and other issues. However, if we are going to move beyond a special commission to special counsel we need to have more evidence and a notion of what we are investigating. That may come but we are not there yet.  Below is my column in The Hill Newspaper on the subject — and the moral outrage over hacking.

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Middlebury Professor and Speaker Assaulted By Protesters In Latest Attack On Free Speech On U.S. Campuses

allisonstangeriWe have been discussing the rising intolerance and violence on college campuses, particularly against conservative speakers.  The latest such example can be found at Middlebury College where Professor Allison Stanger was assaulted by protesters and injured after she merely accompanied a controversial speaker to campus. It was a disgraceful but increasingly common scene on our campuses as students fought to prevent others from hearing opposing views or speakers.

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Vicarious Inebriation? Vodka Company Forced To Recall Vodka That Claimed 40 Percent Alcohol While Delivering 81 Percent

imagesThere is a story out of Canada that could make for a fascinating torts case.  Georgian Bay Vodka has been told to recall a batch of its vodka because the bottle shows  40 per cent alcohol by volume, but the alcohol content is actually 81 per cent.  Obviously that can present an immediate health risk, but what if someone became intoxicated from a couple drinks and caused an accident?  Could this be a case of vicarious liability for inebriation?

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S’More Crime In Florida: Brothers Arrested After Destroying Girl Scout Cookie Table and Assaulting Family

web-daniel-kennedy-0120-1488295261Daniel Kennedy, 18, and his 16-year-old brother were arrested this week after allegedly overturning a Girl Scout table and attacking the family over a $20 debt.  The two Florida teens confronted the family outside of a  Palm Coast Wal-Mart over the debt and then demanded payment in cookies.  When the family refused, bedlam ensued (and was captured on surveillance cameras).

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