Category: Criminal law

Hardy Questions His Training After Finding This . . . and Getting A Couple Minutes With the Squeaky Toy As A Reward

This just may be my favorite picture of the year.  U.S. Customs and Border Protection beagle Hardy found a roasted pig ‘s head in checked luggage at Hartsfield-Jackson International Airport.  You can almost hear the dog’s inner voice saying “I find this and the ole Hardy ‘good boy’ and a squeaky toy?”  This is precisely why they cannot get cats to do this work. Continue reading “Hardy Questions His Training After Finding This . . . and Getting A Couple Minutes With the Squeaky Toy As A Reward”

Three Reasons Mueller May Not Charge On Obstruction

440px-Alfred_Hitchcock_(1955)Below is my column in The Hill newspaper on the curious status of the obstruction investigation that was the original rationale for a special counsel investigation.  While Special Counsel Robert Mueller is likely to sharply chastise (with good reason) Trump’s comments and conduct vis-a-vis former FBI Director James Comey, he is not making any of the moves that one would expect from a prosecutor building an obstruction case.  Here are three reasons why this may be the Hickcockian bomb that does not go off. Continue reading “Three Reasons Mueller May Not Charge On Obstruction”

Fourteen Months and Counting: Rob Rosenstein Should Recuse Himself From The Mueller Probe

Below is my column in The Hill newspaper on recent stories indicating that top Justice Department officials raised the recusal of Deputy Attorney General Rod Rosenstein back in June 2017.  I first raised Rosenstein’s recusal in June and August of that year when the Mueller investigation began based on his role in the firing of James Comey and I have repeatedly called for the recusal since then (here and here and here).  Unless Mueller has told Rosenstein that he does not consider obstruction to be a serious matter for criminal investigation in this context, it is difficult to see how Rosenstein can continue. Indeed, even if Mueller rejects obstruction theories, Rosenstein should not have continued as his superior in the investigation while that matter was explored in compliance with the mandate given Mueller.

Here is the column:

Continue reading “Fourteen Months and Counting: Rob Rosenstein Should Recuse Himself From The Mueller Probe”

Pro-Life Students Attacked at Ryerson University in Latest Assault on Free Speech

We have been following the increasing violence seen on college campuses, particularly directed against conservative and pro-life speakers.  The latest incident occurred at Ryerson University in Ontario  where a video captured Ryerson Student Gabriela “Gabby” Skwarko attacking two members of Toronto Against Abortion (TAA).  Skwarko works for the school’s Office of Social Innovation. The video below shows a violent and unprovoked attack to stop an act of free speech on campus. Continue reading “Pro-Life Students Attacked at Ryerson University in Latest Assault on Free Speech”

Ohio University Student Arrested After Making False Claims Of Threatening Messages Due To LGBTQ Status

Anna Ayers, a student at Ohio University and a member of the OU student senate, recently caused an uproar at the university after saying that she received threatening messages, including a death threat, due to being part of the LGBTQ community.  Police now say that Ayers made the entire thing up and have arrested her for “making false alarms.” That wording seemed a bit curious so I went to the state code, which indeed has a provision that departs from the usual language of a false police report.   Continue reading “Ohio University Student Arrested After Making False Claims Of Threatening Messages Due To LGBTQ Status”

Washington State Strikes Down The Death Penalty As Racially Biased and Arbitrary

washington-flag-sealWashington’s Supreme Court unanimously struck down the state’s death penalty Thursday based on the way that it has been used in an arbitrary and racially discriminatory manner. It was a surprising basis since usually capital punishment is rejected as cruel and unusual punishment. It is the punishment, not the imposition of the punishment, that is the common argument against executions. Continue reading “Washington State Strikes Down The Death Penalty As Racially Biased and Arbitrary”

Kuwait: We Are Not Orwellian . . . We Banned Orwell

504px-Coat_of_Arms_of_Kuwait-2.svg1984-Big-BrotherKuwait has continued to remind the world that, despite its advances in the modern world, it remains a religiously orthodox government imposing medieval values on its population.  That fact was on display this week as the government banned such works as “The Little Mermaid” and Michelangelo’s David as unIslamic or indecent.  Sounds Orwellian? Perhaps but Kuwaiti’s would not know it . . .  Orwell’s masterpiece “1984” was also banned.

Continue reading “Kuwait: We Are Not Orwellian . . . We Banned Orwell”

Pro-Life Executions? Idaho Republican Calls For Prosecutions For Women Who Get Abortions, Including Capital Punishment

 

Continue reading “Pro-Life Executions? Idaho Republican Calls For Prosecutions For Women Who Get Abortions, Including Capital Punishment”

Washington Woman Chases Husband With Meat Tenderizer and Then Lays Across Road . . .Only To Be Run Over By Drunk Driver

imagesThere are some cases that seem right out of a tort exam. This is one.  In Kent, Washington, a woman chased her husband outside with a meat tenderizer after an argument.  After he crossed a road, she decided to lay down across the road. She was then run over by a drunk driver, who was later arrested. Continue reading “Washington Woman Chases Husband With Meat Tenderizer and Then Lays Across Road . . .Only To Be Run Over By Drunk Driver”

Boofed Is The New Borked: How Democrats Laid A Perjury Trap For Brett Kavanaugh

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Below is my column in USA Today on what appears now to be a clear perjury strategy against Judge Brett Kavanaugh that focuses more on his credibility than his alleged criminality.  There are many who have questioned whether Kavanaugh testified truthfully on the meaning of well-known sexual terms as well as his statements on his prior drinking habits.  Clearly, any false testimony would be a barrier to confirmation regardless of the subject.  Yet, this confirmation could create a new term for future nominees: “boofed.”  The questioning on high school lexicon and conduct is a new element in confirmations — precedent that could further degrade our process for selecting Supreme Court justices.

Here is the column: Continue reading “Boofed Is The New Borked: How Democrats Laid A Perjury Trap For Brett Kavanaugh”

Democrats Pledge To Revive A Cadaver Synod To Remove Justice Kavanaugh

downloadBelow is my column in The Hill newspaper on the growing pledges from House and Senate Democratic members to investigation and possibly impeach Brett Kavanaugh if he is confirmed this week.  It would constitute a dangerous and reckless precedent for Democrats to pursue with any new majority.

Here is the column: Continue reading “Democrats Pledge To Revive A Cadaver Synod To Remove Justice Kavanaugh”

A Clear Preponderance: Fact-Finding By the Senate Requires A Standard Of Review

senate_large_sealBelow is my Hill newspaper column on the unfolding controversy surrounding the allegations of sexual abuse brought against Judge Brett Kavanaugh.  As we wait for the week long FBI investigation to be completed, the question remains the same: what is the standard that should apply to such cases once all of the evidence laid before the Senate?  As the FBI prepares to submit new evidence, the Senate still must articulate a standard of review for that evidence.

Here is the column Continue reading “A Clear Preponderance: Fact-Finding By the Senate Requires A Standard Of Review”

Maryland Will Open Criminal Investigation Of Kavanaugh If Ford Files A Complaint

download-7Not long after President Donald Trump ordered a one-week investigation of the FBI into allegations against Judge Brett Kavanaugh, Maryland officials have announced that they will launch a criminal investigation into the attempted rape allegations of Christine Blasey Ford if she files a complaint.  That would create the unprecedented situation of a nominee under criminal investigation as the Senate voted on confirmation.

Continue reading “Maryland Will Open Criminal Investigation Of Kavanaugh If Ford Files A Complaint”

New Details Raise Serious Doubts Over The Credibility Of The Ford Polygraph

Leonarde_Keeler_1937.jpgThe passage of a polygraph by Christine Blasey Ford has been a key factor for many in believing her story — a fact cited by various members of Congress.  New details of the polygraph however have been released and some contradictions are being cited within Ford’s account. However, my main interest is the polygraph itself, which does not sound like any legitimate polygraph that I have encountered. I have handled a number of polygraph cases in my career and the description of these questions are nothing short of bizarre as a reliable test.

 

Continue reading “New Details Raise Serious Doubts Over The Credibility Of The Ford Polygraph”

Res ipsa loquitur – The thing itself speaks