In a brief exchange with Judge T.S. Ellis III, former Trump campaign chair Paul Manafort declined yesterday to take the stand in his own behalf. His defense then declined to present its own case and moved the trial to closing arguments. Given the highly damaging evidence offered by the prosecution, there is little that will be offered to actually refute the charges. The decision to waive testimony and a defense case can be a strong strategic choice in a case where the defense savaged the prosecution. That is not this case. Continue reading “Manaport Declines To Testify Or Present Defense in Alexandria Trial”
Category: Justice
Below is my column in the Hill newspaper on the controversial statements of the judge presiding over the trial of Paul Manafort, the former Trump campaign chairman. Judge T.S. Ellis III has raised growing concerns over his comments in court, particularly before the jury.
Here is the column: Continue reading “Four “Yutes” And Counting: Controversy Grows Over The Judge’s Comments In The Manafort Trial”
Controversial FBI official Peter Strzok has been fired by the FBI — joining former acting FBI director Andrew McCabe in the ignoble distinction of being terminated by an agency that rarely jettisons its own. The firing creates an obvious dissonant element to the Democratic defense of Strzok as someone unfairly hounded by the Republicans. The terminations of McCabe and Strzok are based on the view of officials who viewed their conduct as unacceptable and, in McCabe’s case, potentially criminal.
:
One notable controversy was raised by Strzok attorney Aitan Goelman, who maintained that Deputy Director David Bowdich “overruled” the FBI’s Office of Professional Responsibility to remove him. The suggestion is that career officials did not view Strzok’s conduct as warranting such action.
Strzok was with the FBI for 21 years. It did not take time for Trump to tweet out the news:
Donald J. Trump✔@realDonaldTrump
Agent Peter Strzok was just fired from the FBI – finally. The list of bad players in the FBI & DOJ gets longer & longer. Based on the fact that Strzok was in charge of the Witch Hunt, will it be dropped? It is a total Hoax. No Collusion, No Obstruction – I just fight back!
Donald J. Trump✔@realDonaldTrump
Just fired Agent Strzok, formerly of the FBI, was in charge of the Crooked Hillary Clinton sham investigation. It was a total fraud on the American public and should be properly redone!
Donald J. Trump✔@realDonaldTrump
…..Will the FBI ever recover it’s once stellar reputation, so badly damaged by Comey, McCabe, Peter S and his lover, the lovely Lisa Page, and other top officials now dismissed or fired? So many of the great men and women of the FBI have been hurt by these clowns and losers!
Strzok was removed from the special counsel probe last year after the discovery that his incendiary text messages with FBI lawyer, who had an affair with Strzok.
I am interested in the basis for Strzok’s attorney claiming that the deputy director “reversed the decision of the career FBI official responsible for employee discipline who concluded, through an independent review process, that a 60-day suspension and demotion from supervisory duties was the appropriate punishment.” There should be some explanation from Goelman as to whether that is true and, if so, the basis for such a reversal. Generally, the recommendation of the OPR carries considerable weight in such matters. However, the ultimate decisions rests with officials like Goelman on whether the findings warrant more serious sanctions.
President Donald Trump continued his ill-advised tweeting about the Special Counsel investigation, calling on Attorney General Jeff Sessions to stop Robert Mueller “right now.” Putting aside that Sessions correctly recused himself from such matters over a year ago, the demand for terminate the investigation undermines Trump’s legal team and, for those other than his core base, it comes across as defensive and increasingly alarmed about the investigation. I have never understood these tweets because I have yet to see compelling evidence of a crime by Trump linked to obstruction or collusion.
Continue reading “Trump: Sessions Should Terminate The Mueller Investigation “Right Now””
Lost in the mix of Manafort and other news, there is a significant development in Special counsel Robert Mueller’s investigation. Mueller has referred a number of cases to the Southern District of New York for possible prosecution, including reportedly case involving longtime Democratic lobbyist Tony Podesta and his work for his former firm, the Podesta Group and former Obama White House counsel Greg Craig, a former partner at law firm Skadden, Arps, Slate, Meagher & Flom LLP. It is not clear if charges would emerge from these cases but the referral further decentralizes the investigation.
Continue reading “Mueller Sends More Cases To SDNY For Possible Prosecution”
In one of the most troubling orders issued by a court in years, U.S. District Judge John F. Walter issued an order on Saturday to the Los Angeles Times to remove information from an article describing a plea agreement between prosecutors and a Glendale police detective. The detective is alleged to have been in the pocket of the blood-soaked Mexican Mafia. The newspaper discovered the details in a posted order on PACER the online court database, which was supposed to be left under seal. I have been in cases when such mistakes have occurred but the court’s actions in this case drive to the heart of press freedom in this country. In my view (which will hardly surprise our regular readers), the order is a direct and dangerous violation of the First Amendment. [UPDATE: After a national outcry, the judge has rescinded his order and says that he was not sure that the LA Times had obtained the material legally.]
Below is my column in The Hill newspaper on the latest rationale for opposing any nominee of President Donald Trump: that any nomination or confirmation must wait until the completion of the investigation by Special Counsel Robert Mueller. It is a claim being voiced by both politicians and academics despite the absence of constitutional or historical support.
Here is the column:
Below is my column in The Hill newspaper on the legacy and vision or Associate Justice Anthony Kennedy. The departure of Kennedy will leave the Supreme Court more calcified and rigid in its ideological division. Chief Justice John Roberts now assumes the role of the swing vote with a center of gravity that will likely move further to the right. His voice was unique and often profound. He applied a conservative jurisprudence that emphasized the protection of individual rights and identity. Time will show that Kennedy saw a horizon for our society that we are still struggling to attain.
Here is the column:
Continue reading “The Kennedy Retirement Leaves The Court Without A Center of Gravity and Grace”
For decades, law professors have discussed the 1944 decision in Korematsu v. United States as one of the most disgraceful and indefensible opinions ever issued by the United States Supreme Court. Yet, the Court has continued to cite Korematsu and has never expressly disavowed its denial of basic constitutional rights to Japanese Americans. In a virtual aside by the majority in Trump v. Hawaii, Chief Judge John Roberts Jr. puts a well-aimed stake through the heart of the case and finally declares it to be overturned.
Continue reading “The Long Overdue Death of Korematsu v. United States”
Two days ago, Homeland Security Secretary Kirstjen Nielsen was effectively chased from a restaurant by protesters screaming at her and her companion. The scene at MXDC Cocina Mexicana was shocking to most of us who have decried the loss of civility in today’s political discourse. One person clearly not shocked was Rep. Jackie Speier (D., Cal.) who defended the protesters and blamed it on Trump’s divisive political rhetoric. While the protest seemed clearly organized, Speier portrayed it as a spontaneous expression of anger by citizens in her interview on CNN. The scene was very disturbing as was the apparent impunity exercised by the protesters in shutting down a restaurant. It now appears that it was a protest by the Democratic Socialists of America and one of those participating was a DOJ employee, Allison Hrabar. Hrabar is reportedly a paralegal specialist and her participation could raise again our long-standing debate over the punishment of employees for comments or actions taken outside of the workplace.
According to The Sunday Times, shocking report shows that only four percent of robberies in England and Wales in 2017 were solved. Only three percent of burglaries were solved. That is a dismal record and indicates that criminals can effectively act with impunity in victimizing citizens.
It appears that things got ugly in a recent meeting between Deputy Attorney General Rod Rosenstein and House oversight staff. Rosenstein reportedly threatened to “subpoena” House committee members if they went after him with a contempt sanction for failing to turn over material on the FBI’s investigation of Trump campaign officials. If the account is true, it was a mistake by Rosenstein. To quote The Godfather, oversight is not personal, its oversight business. Continue reading “It’s Not Personal, Mr. Rosenstein, Its Strictly Government Business”
Below is my column in The Hill newspaper on the implications of the indictment of James Wolfe for lying to federal investigators. I have very serious concerns over the targeting of a journalist for surveillance in this case, particularly because there seems ample alternatives to the intrusion into confidential communications of a reporter. However, the most obvious threat may be to Andrew McCabe who is still awaiting word on whether he will be criminally charged and recently sought immunity from Congress. Continue reading “The Wolfe Indictment: Is Andrew McCabe Next In Line For Prosecution?”
There has been continued controversy over the penchant of President Donald Trump to pardon celebrities or political figures or, most recently, a woman who was championed by Kim Kardashian. Today Trump announced that he is considering a pardon for the late boxing sensation Muhammad Ali — not long after he granted a posthumous pardon to boxing legend Jack Johnson (who was advocated for by celebrity Sylvester Stallone). This case however raises the added curiosity that Ali’s conviction was overturned by the Supreme Court in Clay v. United States, 403 U.S. 698 (1971)(when Ali was still under his birth name of Cassius Clay). Obviously, there is no conviction to pardon or commute in this case. In addition to the overturning of the conviction, draft dodgers were given amnesty previously by both Ford and Carter. Continue reading “A Pardon For Muhammad Ali Is Neither Needed Nor Warranted”
In what must be a particularly awkward move for the former acting FBI Director, Andrew McCabe has demanded immunity in exchange for his testimony from the Senate Judiciary Committee. As we have discussed, McCabe has raised hundreds of thousands of dollars for his criminal defense and the Inspector General referred his case for possible prosecution for lying to investigators. The Senate wants to hear his testimony on how senior officials at the FBI and Justice Department handled the investigation of Hillary Clinton’s private email server.