Category: Criminal law

The Great American Witness Auction: How Michael Cohen And Others Are Making Millions In A Testimony Market

Microcosm_of_London_Plate_006_-_Auction_Room,_Christie's_(colour)Below is my column in The Hill on the curious role that Gofundme is playing in the ongoing controversies surrounding the Trump Administration.  There is an emerging type of market for witnesses on both sides where they compete for donors based on their potential value attacking or defending President Donald Trump.

Here is the column: Continue reading “The Great American Witness Auction: How Michael Cohen And Others Are Making Millions In A Testimony Market”

Michael Cohen’s New Role As The “Liberated” Liar “Speaking Truth To Power”

Below is my column in the Hill newspaper on Michael Cohen’s emergence as a witness against President Donald Trump. The man who declared that he would take a bullet for the President just took a plea. In the meantime, Trump friend David Pecker has been given immunity and reportedly implicated Trump in knowing about the hush money payments before they were made.  In what could well be the worst development, Allen  Weisselberg, chief financial officer for the Trump Organization, has been granted immunity.  Weisselberg is referred in the tapes Cohen secretly recorded with Trump and could offer highly damaging and detailed evidence of any criminal conduct.

Here is the column: Continue reading “Michael Cohen’s New Role As The “Liberated” Liar “Speaking Truth To Power””

Davis Denies Prior Allegations That Trump Knew In Advance About Russian Meeting

200px-Cnn.svgI have previously written about Michael Cohen’s allegation that President Donald Trump knew and approved the meeting with the Russians in Trump Tower in 2016.  It was a bombshell story from an anonymous source and has reverberated in the news for weeks.  Some of us questioned the account after no one came forward to corroborate Cohen despite his saying that Trump was briefed in a room with multiple people.  Now, Davis (who some have claimed was the source for CNN) is admitting it is untrue.

Continue reading “Davis Denies Prior Allegations That Trump Knew In Advance About Russian Meeting”

“A Special Place In Hell”: A Single Juror Prevented Manafort’s Conviction On All Counts

250px-Hortus_Deliciarum_-_HellWhen the jury sent four questions to the judge after a day of deliberations, the defense team of Paul Manafort was buoyant.  It was viewed as a sign of skepticism over the case.  At the time, I took a different view and suggested that such questions can often reflect a single hold out juror and a desire to enlist the court to clarify standards.  After all, Manafort did not appear to be following an acquittal strategy rather than a hung jury strategy.  It was always more likely that he would face convictions across the board than a hung jury on all counts.  It is also interesting that the jury basically discounted anything Rick Gates gave them at trial.  It seems that there was unanimity from the outset that Gates is a dirt bag with no credibility.

It now appears that it was a single hold out on the jury that prolonged the case and resulted in ten hung counts.  In the meantime, a juror who must have been viewed as a defense asset on the jury spoke out in surprising terms regarding the guilt of Paul Manafort. Continue reading ““A Special Place In Hell”: A Single Juror Prevented Manafort’s Conviction On All Counts”

One Voice Louder Than Others: Manafort’s Diminishing Options

ManafortBelow is my column in USA Today on the increasingly dire situation for Paul Manafort who is looking at roughly a decade of potential jail time after the convictions in Alexandria — and substantially more jail time if convicted in the upcoming trial in Washington, D.C.  In the meantime, yesterday, White House said that no decision has been made yet on a possible pardon for Manafort.

Manafort once said, while he listens to everyone, Trump’s voice was louder than others. That voice must be uncomfortably quiet in the aftermath of the verdict.

Here is the column: Continue reading “One Voice Louder Than Others: Manafort’s Diminishing Options”

“Stop F***ing Filming and Help me!”: Security Guard Casually Videotapes Officer’s Struggle With A Suspect

download-3There was a truly bizarre scene in Houston this week when a police officer was on the ground struggling with a man who he said was trying to grab his gun.  A security officer circled the scene filming with her cellphone until the officer screamed “Stop f***ing filming and help me!”  Instead, she continued to videotape the scene as the officer screamed that the man was trying to kill him.  The security guard was later fired.

Continue reading ““Stop F***ing Filming and Help me!”: Security Guard Casually Videotapes Officer’s Struggle With A Suspect”

Manafort Heads To D.C. With Eight Felonies . . . And An Increasingly Desperate Pardon Strategy

ManafortBelow is my column in The Hill newspaper on the implications of the conviction of Paul Manafort in Alexandria Virginia.  Notably, if President Donald Trump is inclined to pardon Manafort, he may want to do it before the approaching start of the D.C. trial.  The counts in the new trial are a true parade of horribles for Manafort and his image will hardly improve by the end. He will face details over his work for a blood-soaked authoritarian figure who fled into exile to Moscow.  It will be much more difficult to portray Manafort as a victim and a “good man” after that evidence is aired in open court.

I previously warned that Manafort’s obvious hung jury strategy was likely to fail.  He is now left with only his pardon strategy, though his lawyer ominously warned that he is considering “all of his options.”

Continue reading “Manafort Heads To D.C. With Eight Felonies . . . And An Increasingly Desperate Pardon Strategy”

Michael Cohen, The Ultimate Red Shirt Defendant Takes A Plea

images-1.jpgThe appearance of Michael Cohen in court as a self-confessed felon was as riveting as predictable as scene in this unfolding drama. Indeed, if this is ever made into a movie, it would seem all too formulaic. Cohen is the ultimate red-shirt defendant. In the film industry, “red shirts” are characters in a movie plot that inevitably die (like those red shirted security officers in Star Trek that always seem to face demise by the end of an episode). You can often spot a red shirt in that character who is so over-the-top in reading letters from home or over compensating in the face of a pending battles. They are dead men walking.  If you play back the last year, there is one guy who stands out in the red shirt, the guy who has to implode and flip. It is Michael Cohen. Continue reading “Michael Cohen, The Ultimate Red Shirt Defendant Takes A Plea”

Wife Falls Off Sailboat In Rhode Island . . . Husband Does Not Realize She Is Gone Until Four Hours Later

dec89235b3ca9446564e103c33881a1dIt is not clear what is worse: having your wife fall off your sailboat or not noticing for four hours that she is gone.  That is the situation of a couple in Newport, Rhode Island where a woman fell of her husband’s 39-foot sailboat while sailing from Newport to East Greenwich.

Continue reading “Wife Falls Off Sailboat In Rhode Island . . . Husband Does Not Realize She Is Gone Until Four Hours Later”

Protesters Destroy Another North Carolina Statue And Post Pictures Of Celebration On UNC Campus

downloadEarlier this year, I was critical of the handling of the prosecution of various protesters in North Carolina who torn down a statue in public and then celebrated their criminal acts in broad daylight. Because the statue of a civil war memorial, the act of property destruction was condoned by many and Durham District Attorney Roger Echols caved to the pressure in dropping all charges against everyone.  It was effective immunity for a popular criminal act — a dangerous concept in any legal system.  Not surprisingly, others are now claiming the right to unilaterally destroy property. The latest were protesters on the University of North Carolina at Chapel Hill’s campus who took it upon themselves to destroy the controversial Silent Sam Confederate statue. 

 

Continue reading “Protesters Destroy Another North Carolina Statue And Post Pictures Of Celebration On UNC Campus”

Doctor Rapes Heavily Sedated Patient . . . Receives No Jail Time In Texas

1534700334161A jury in in Texas has a curious notion of justice after recommending a sentence of just 10 years probation and no jail time for Shafeeq Sheikh, a former physician at Baylor College of Medicine. Sheikh raped a heavily sedated patient but will walk after a guilty verdict.  It is one of the most disturbing sentences that I have seen in a decade.

Continue reading “Doctor Rapes Heavily Sedated Patient . . . Receives No Jail Time In Texas”

Manafort’s Curious Defense: It Is Easy To Hang on A Hung Jury Strategy

ManafortBelow is my column in the Hill newspaper on the continuing jury deliberations in the trial of Paul Manafort in Alexandria, Virginia.  Defense counsel generally take heart in the passage of time as an indication that the jury is having difficulty in reaching a verdict. However, it can be deceiving. I took over a case in this same courthouse after a jury deliberated over a week and still convicted on all counts.

Here is the column: Continue reading “Manafort’s Curious Defense: It Is Easy To Hang on A Hung Jury Strategy”

Florida Woman Arrested After Stealing Donations Jar For Family Of Murdered 7-Year-Old Girl

 7-year-old Heydi Rivas-Villanueva who was recently shot to death.  Crews stole the jar from Tapatio Restaurant but was later apprehended by the police. Continue reading “Florida Woman Arrested After Stealing Donations Jar For Family Of Murdered 7-Year-Old Girl”

Brennan: I Did Not Mean Trump Was Treasonous When I Said His Actions Are “Nothing Short Of Treason”

220px-John_Brennan_CIA_official_portraitI have been critical of the decision of President Donald Trump to rescind the clearance of former CIA Director John Brennan and to release a list of other officials to be reviewed — officials who are uniformly critics of the President.  Despite my criticism of everyone on the list, I viewed the unprecedented action to be unwarranted and retaliatory.  However, Brennan himself does not help the case for those of us opposing the action.  This weekend Brennan walked back his earlier reckless statement that Trump press conference with Russian president Vladimir Putin was treasonous.  Now Brennan insists that when he called Trump treasonous he did not mean that he actually committed treason. Continue reading “Brennan: I Did Not Mean Trump Was Treasonous When I Said His Actions Are “Nothing Short Of Treason””

NPS Prepares Charges Against Man Who Took Selfies With Feeding Bears In Closed Park Area

screen-shot-2018-08-14-at-123215-pm.pngWe often discuss the people who refuse to adhere to park signs or barriers at the risk to themselves and wildlife. The latest march of the morons was captured on a series of selfies by a man who waded into a river full of bears in a closed section of the Katmai National Park with two other people.  The National Park Service is now preparing charges against this group after various people contacted them with the evidence from a webcam.

Continue reading “NPS Prepares Charges Against Man Who Took Selfies With Feeding Bears In Closed Park Area”