Category: Justice

Courts, Criminal law, Justice, Lawyering, Media, Politics

Free The Trolls: The Justice Department Moves To Drop Major Mueller Case Against Russian-Linked Companies

It appears that trolls are enjoying St. Patrick’s Day as much as Leprechauns. The Justice Department shocked many by dropping the matinee case of former Special Counsel Robert Mueller against two Russian companies accused of funding the “troll farms” in the 2016 election. Many critics have charged that the trolling operation was laughingly ineffective and clumsy. Moreover, the evidence against the companies, including Concord Management and Consulting LLC and Concord Catering, was questioned. The prosecutors, while defending the original charges, moved to dismiss the case because they viewed the trial as threatening national security secrets. That claim seemed like more of a spin in a case that never seemed to materialize into hard evidence to support these charges. Update: The company has announced that it will sue the U.S. government for billions in damages — a move that will once again raise this same information for trial.

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Courts, Criminal law, Justice, Lawyering

FBI Agents Connected To Carter Page Surveillance Barred From FISA Process

In a further demonstration of the abuses that led to the surveillance of Trump officials, the Foreign Intelligence Surveillance Act (FISA) court has barred FBI officials involved in the wiretapping of former Trump campaign adviser Carter Page from appearing before the court. in rebuke that exceeded the remedial recommendations made by the independent monitor recently appointed by the court. Notably, this goes beyond the recommendations for David Kris, the highly controversial choice as an independent monitor of reforms. The order of Judge Boasberg further belies arguments that the surveillance of the Trump-relate figures was well-based and justified, as I discussed in any earlier column.

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Justice, Lawyering, Media, Politics

Former Bush Deputy AG Denounces Barr As “UnAmerican”
YouTube Screenshot

Yesterday I wrote a column in the Hill criticizing hair-triggered responses to the controversy over the sentencing recommendation in the case of Roger Stone. This included former prosecutors who did not see the need to confirm critical facts before demanding the resignation of Barr. Former Deputy Attorney General Donald Ayer called Barr, his former colleague in the Bush Administration, “unAmerican.” It is a disgraceful attack on someone who has served his country for decades with distinction. Just as many (including myself) have denounced President Donald Trump for calling opponents disloyal or traitorous, this personal attack should also be roundly denounced by all sides in this controversy.

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Justice, Lawyering, Media, Politics

Diss Barr? Trump Returns To Attacking The Justice Department

Despite a public condemnation by Attorney General Bill Barr, President Donald Trump is back tweeting and atacking a wide range of Justice Department attorneys and investigations. That includes the recently resigned prosecutors in the case of Trump associate Roger Stone. These irresponsible tweets continue undermine Barr and magnify the problems for the Administration with both the courts and Congress.

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Bizarre, Justice, Lawyering, Media, Politics, Society

Dershowitz Claims Obama Asked For An Investigation From FBI At The Behest Of Soros

Harvard Law Professor Alan Dershowitz pulled a Giuliani on television this weekend by claiming bombshell evidence in his possession but refusing to disclose it. On Fox News, Dershowitz claimed that he has conclusive proof that Barack Obama “personally asked” the FBI to investigation someone “on behalf of George Soros,” the wealthy liberal donor. However, Dershowitz mysteriously referenced future “litigation” where all of this would be disclosed.

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Congress, Constitutional Law, Justice, Politics, Society

“A Significant Escalation”: Justice Department Sues Sanctuary Cities

In what Attorney General Bill Barr has called a “significant escalation,” the Justice Department is filing actions against sanctuary cities over what is alleged as interference with federal enforcement of immigration laws and removals. As discussed yesterday, both parties seems to be going “all in” on immigration from sharply opposing positions.

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Justice, Religion, Science, Society

When Will We Finally Treat Ancient Human Remains With Dignity?

By Darren Smith, Weekend Contributor

While I maintain that the scientific community has for hundreds of years steadfastly failed to exercise a modern sense of decency and respect for human remains of the ancients, a recent article in Ars Technica prompted me to type my concern.

The objection I have is that most societies in the world currently place special value and reverence in the preserving and protection of interred human remains, often citing the desire to allow the departed the right to rest in peace. Yet, among governments, scientific organizations, academics, and museums we allow an abandonment of these values and permit the continual insult to the deceased–who’s remains serve as equivalents to rock samples and objects to be endlessly studied and displayed to the curious.

Would we allow such a spectacle to be exacted upon our own families?

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Justice, Politics, Society

Washington State Senator Introduces Bill To Deregulate Lemonade Stands

By Darren Smith, Weekend Contributor

The tree of liberty must be refreshed from time to time with the lemonade of Andria & Zoey.

In a welcome departure from Washington State’s penchant to overbearingly tax, regulate, and control every aspect of human existence possible, a state senator recently introduced Senate Bill 6320 titled “AN ACT Relating to the ability of a minor to operate a lemonade business on an occasional basis” as a prophylaxis against the state shutting down another fledgling business and cultural icon: the childhood lemonade stand.

It is, however, a rather sad commentary that such a bill becomes necessary, but given the unholy alliance between the neighborhood busy-bodies who shake their canes at all things enjoyed by children and mindless automatons of local government who put rules above reason, it seems we now have to legislate discretion to protect young entrepreneurs from being thwarted by the ridiculousness sometimes displayed by adults having more power than sense.

Do we have to make laws to protect lemonade stands from government? Unfortunately it seems in today’s society we must.

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Academia, Criminal law, Justice, Lawyering

Modus Operandi or Old News? Comey Under Investigation In New Leak Probe

Former FBI Director James Comey is back in the news this week after The New York Times  reported late Thursday that he is again under investigation for leaking information to the media. The Justice Department Inspector General previously found that Comey was a leaker and violated FBI policy in his handling of FBI memos, including material  containing the “code name and true identity” of a sensitive source. Now, he is again accused of leaking information. There is an element of a modus operandi in the story since the same academic Comey used in the earlier leaks is also named in this leak, Columbia Law Professor Daniel Richman.

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Justice, Politics, Society

Tax Avoidance: A Moral Duty

By Darren Smith, Weekend Contributor

While it is a truism that in many respects some form of taxation is needed to provide necessities to a society, in practice many government and social detriments arise as either a consequence to or are derivative of tax policy. I’ve found for myself that fostering a personal goal of avoiding specific taxation or in many cases excessive taxation generally comports with a greater advocacy of morality in several beneficial forms.

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Criminal law, International, Justice, Politics

Sudan’s Omar al-Bashir Sentenced to Prison. Will Extradition to The ICC Eventually Follow?
Omar Hassan Ahmad al-Bashir (ICC Photo)

By Darren Smith, Weekend Contributor

A Sudanese court sentenced former Sudan President and accused genocidist Omar al-Bashir to two years imprisonment following his recent conviction for corruption. Additionally, the Court ordered forfeiture of millions in Euros and Sudanese Pounds discovered at his residence after being deposed by a military coup. He faces the likelihood of additional charges levied against him in the near future.

From a foreign perspective, there still remains the unresolved matter of Mr. al-Bashir’s two arrest warrants issued by the International Criminal Court in The Hague stemming from accusations of genocide and other crimes against humanity.

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Columns, Criminal law, Justice, Lawyering

Titanic Failure: What The Horowitz Report Actually Says About The Russian Investigation

I previously discussed the bizarre narrative in the media that the main takeaway from the Horowitz report was the debunking of a conspiracy theory. Below is my column in the Hill newspaper on some of the actual findings of the Horowitz report. The report shows that there was not credible evidence to maintain the investigation and that the Steele Dossier was essential to securing the FISA investigation despite repeated media statements to the contrary.

Here is the column:

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Justice, Lawyering, Media, Politics

Lisa Page Sues FBI and Justice Department For Privacy Violations

Former FBI lawyer Lisa Page is suing the FBI and Department of Justice for violating the Federal Privacy Act in the release of their test messages to former FBI Counterespionage Chief Peter Strzok. President Donald Trump has made repeated and mocking references to the texts, including salacious and romantic messages between the two former FBI employees who engaged in an extramarital affair. Many of us have recoiled at the level of disclosure of this affair and particularly the President’s inappropriate taunts, including last night at a rally in Pennsylvania. The lawsuit could raise some interesting questions of the privacy affords such records, but it is unlikely to prevail.

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Congress, Justice, Lawyering, Media

No, The Main Take-Away From Horowitz Was Not Debunking A “Conspiracy Theory”

I have a column out today on the Horowitz report in the Hill newspaper. As has become a common practice, the report was immediately and grotesquely misrepresented. On CNN, the takeaway was that the Inspector General “Debunks Trump conspiracy theory.” Chris Cillizza stated “That sound you just heard is the air coming out of the Trump conspiracy balloon.” It is all perfectly bizarre as are the attacks on both Attorney General Bill Barr and U.S. Attorney John Durham for their disagreement on that one finding.

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Criminal law, Justice, Lawyering, Media, Politics

Report: Barr Has Moved Against Giuliani In Meetings With President Trump

Attorney General William Barr has reportedly counseled President Donald Trump that his personal lawyer Rudy Giuliani has served him poorly and should be dropped. The Washington Post reported Sunday that Barr has directly raised with Trump the need for him to recognize what a liability Giuliani has become. It is an interesting story because Giuliani has not only become inappropriately intertwined with State Department business but also Justice Department business. It is not clear if Secretary of State Mike Pompeo has made any such objections, but the Post is reporting that various sources have confirmed that Barr has moved against Giuliani.

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