The Senate Judiciary Committee has announced the identity of the lawyer who will conduct the primary questions of both Dr. Christine Blasey Ford and Judge Brett Kavanaugh. Rachel Mitchell, the sex crimes bureau chief for the Maricopa County Attorney’s Office in Phoenix, is someone with considerable experience in not such sex crimes but delayed sex crime prosecutions. It is an unusual step for the Committee but not unprecedented. Congress will hire outside counsel or allow counsel to question witnesses on some occasions, particularly at fact-finding stages. I was hired a lead counsel to represent the United States House of Representatives in the successful challenge of the unilateral funding decisions of the Affordable Care Act by President Barack Obama. Continue reading “Arizona Sex Crimes Prosecutor Hired To Question Ford and Kavanaugh”
Category: Criminal law
Below is my column in the Hill newspaper of the New York Times story alleging that Deputy Attorney General Rod Rosenstein spoke to this staff near the start of his tenure about secretly taping President Donald Trump and organizing a cabinet effort to oust Trump through the Twenty-Fifth Amendment. Rosenstein denies the accuracy of the story and some have said that he discussed the possibility in jest. The New York Times has responded by saying that it was clear that the comments were made seriously and not in jest.
It is still not clear what Trump will do despite many (including myself) arguing that he should not fire Rosenstein. On Sunday, however, Trump told Geraldo Rivera that this was ultimately the fault of Attorney General Jeff Sessions (who selected Rosenstein) and that “we will make a determination” about what to do about the story.
Here is the column: Continue reading “Insubordination Versus Obstruction: Has The New York Times Given Trump His Long-Sought License To Clean House At Justice?”
News reports indicate that Democrats have been speaking with a second woman who is now prepared to accuse Judge Brett Kavanaugh of sexual assault. The accuser is reportedly Deborah Ramirez, 53, and went to Yale at the same time as Kavanaugh. She describes a bizarre scene of Kavanaugh exposing himself at a party in a dorm. Ramirez admits that she was drunk and was previously uncertain if she could implicated Kavanaugh. Continue reading “And Then There Were Two: Another Woman Reportedly Has Come Forward To Accuse Kavanaugh”
Below is my column in USA Today on the upcoming hearing on the allegations of Dr. Christine Blasey Ford against Judge Bret Kavanaugh. There has been a strange disconnect as Democrats denounce Republicans for prejudging Ford or denying her an impartial hearing while they announced in advance that they believe her — and by extension they do not believe Kavanaugh. While the Senate is not a court of law, both sides recognize that they are supposed to afford witnesses a fair and unbiased hearing, particularly when the subject is such a serious allegation as attempted rape.
Here is the column: Continue reading “Blind Justice or Blind Rage: The Kavanaugh-Ford Hearing and the Politics Of Belief”
The unfolding drama over the allegations of Christine Blasey Ford just got even more bizarre as Ed Whelan, president of the conservative Ethics and Public Center (EPPC) released the picture of a remarkably similar looking teenager who could have been the culprit in the alleged attempted rape. While Ford insists that she could not be mistaken, the release of the photo adds a new element to the hearing . . . and could raise some interesting legal issues after suggesting Chris Garrett (right) could be responsible for the attack. The problem is that there is not a single scintilla of evidence that has been offered to link Garrett to the alleged assault. He has simply been drop into these boiling cauldron and the only explanation is his similar looks and home in the area (which is hardly surprising for schoolmates who attended the same school).
Update: Whelan has now issued a statement that “I made an appalling and inexcusable mistake of judgment in posting the tweet thread in a way that identified Kavanaugh’s Georgetown Prep classmate. I take full responsibility for that mistake, and I deeply apologize for it. I realize that does not undo the mistake Continue reading “Reasonable Doubt Or Per Se Defamation? Republicans Throw Chris Garrett Into The Fray [UPDATED]”
Below is my column in the Hill newspaper on the demand of Dr. Christine Blasey Ford that the FBI investigate her allegation of attempted rape against Judge Brett Kavanaugh when they were high school students. Ford has been given the opportunity to present her allegations before the Senate, which delayed its Committee vote on the confirmation to the Supreme Court. She can certainly refuse to testify. However, neither the Senate nor the FBI customarily strikes such a quid pro quo agreement for testimony. Ford can testify or not testify but, if she wants her allegations to be considered, she cannot set conditions on the Senate for such testimony.
It appears that Ford is reversing her latest position and may testify next week but not on Monday and only if the Senate can demonstrate that the hearing will be fair. In the meantime, the Senate is rumored to be preparing for a female lawyer to question Ford. That is not necessarily good news. A female lawyer may have less qualms about pressing Ford on inconsistencies than a male Senate just a few weeks away from an election. If Ford does not testify, the Republicans can treat her allegations as unproven and unsupported — and move toward a final vote.
Here is the column:
Continue reading “The Decision To Testify Rests With Ford But Not The Conditions For Her Testimony”
Walter William Wolford Sr., 66, of Hagerstown, was arrested after a bystanders watched in horror as he led his wife around with a dog leash around her neck. Catherine Wolford has late-stage dementia and, according to her husband has run off in danger to herself.
Far right political leader, Marine Le Pen, has been ordered into psychiatric evaluations after she posted graphic images of bodies of people executed by the Islamic State. She was accused under the French laws criminalization different forms of speech — laws that I have long criticized as part of a European rollback on core free speech rights. Posting the pictures was charged as circulating “violent messages that incite terrorism or pornography or seriously harm human dignity” and that can be viewed by a minor.Continue reading “Le Pen Ordered Into Psychiatric Evaluation For Tweets In France”
Below is my column in USA Today on the different outcomes possible in the ongoing Kavanaugh controversy. These scenarios have become more complex after a hearing was schedule for Monday and then Dr. Christine Blasey Ford announced that she would not appear. She has declared that the FBI must investigate her allegations of attempted rape as a condition of her testimony. What is clear is that the last minute allegation has galvanized the Democratic ranked, including Missouri Sen. Claire McCaskall. Obviously, if Ford does not show up at the hearing the GOP could use the refusal as a basis for treating the allegations as unproven and proceed to a vote on the merits. If she does show up, Kavanaugh is likely in for one of the most brutal hearings in history.
Here is the column: Continue reading “A Confirmation On The Brink: Three Scenarios For The Kavanaugh Hearing”
Two more people came forward yesterday in the still unfolding drama surrounding the allegations of Dr. Christine Blasey Ford that Judge Brett Kavanaugh attempted to rape her when they were both high school students. Cristina Miranda King says that she heard of the incident from others while in high school. In the meantime,Patrick J. Smyth, a Georgetown Prep alum who graduated in Kavanaugh’s class, contacted the Committee and categorically denied the allegations of Ford (who identified him as the third person (other than Kavanaugh and his friend Mark Judge) as present during the assault. Continue reading “Former Schoolmate Says That She Was Told About Sexual Assault On Ford While Third Alleged Witness Denies The Incident Ever Occurred”
Below is my column in The Hill on the Manafort plea agreement, which continued to release an unrestrained joy and ecstasy among commentators, who (yet again) predicted the imminent demise of Donald Trump. Norman Eisen, who served as White House Special Counsel for Ethics and Government Reform in the Obama administration, predicted that President Trump wouldn’t “survive” Manafort’s testimony. That is of course without knowing if Manafort has anything damaging on Trump. This appears an example of hope over experience in light of prior predictions of imminent indictments and resignations. Manafort may have damaging information or he may not. There are however some clear winners and losers in the Manafort plea that are not based on pure speculation.
Here is the column:
Continue reading “The Winners and Losers Of The Manafort Plea Bargain”
For a week, a scandal has grown over an anonymous accusation against Supreme Court nominee Brett Kavanaugh. I previously wrote about the unfairness of this last minute accusation from an unnamed law professor who declined to be named. Moreover, the underlying letter has been in the possession of Democrats since July. Now, the mystery is over: Palo Alto University professor Christine Blasey Ford has come forward to say that she is indeed the accuser of Kavanaugh. It appears that the earlier leaks and media reports that this was a Stanford law professor were untrue. She is shown here from her high school yearbook picture. Notably, her lawyer has said that she passed a polygraph examination that found her account was truthful.
Below is my column in the Hill newspaper on the recent allegation of sexual assault against Judge Brett Kavanaugh and the demand for a delay in his confirmation vote. Both Kavanaugh and the other man referenced in the anonymous letter have denied the allegations from their high school days. The reported law professor who contacted Congress appears to want the allegation considered by members but has refused to come forward and said that she did not want to be drawn into the controversy. If that was her position, Democrats have now done the opposite and leaked the letter’s details and called for a full investigation. If this is a law professor, it is unclear why she is not willing to come forward with an allegation of a sexual assault. She clearly thought that the allegation should be raised with Congress but has refused to come forward to substantiate the claims. That leaves Kavanaugh in a grossly unfair position in my view. UPDATE: Kavanaugh’s accuser has now gone public.
Here is the column:
Let’s just put it this way: Matthew McCloskey, 52, makes the guy with the electric fence at the bus stop look kid friendly.
Continue reading “Can You Guess What This Person Was Charged With?”
There is a curious criminal case out of Bolivar, Ohio where a grocery store employee was charged with felony theft worth $9,200. What is different about this case is that the almost $10,000 theft was composed of individual slices of lunch meat over the course of eight years at Giant Eagle. Continue reading “Deli Worker Charged With Felony For Eating Slices Of Lunch Meat”