Category: Justice

Criminal law, Justice, Politics

“I’ve Delivered”: New Disclosures Demolish President Biden’s Denials on Hunter Dealings

New disclosures are demolishing the continued denials of President Biden that he had no knowledge and nothing to do with his son’s business interests. The emails (reviewed by Fox and The Daily Mail) include exchanges with at least 14 of Hunter Biden’s business associates while Joe Biden was vice president. They cast further doubt on the president’s repeated claims that he had no knowledge of his son’s foreign business dealings.  In one almost plaintive email, Hunter actually complains to an associate that he had delivered on everything that was demanded of him in getting access to his father and the White House. Continue reading ““I’ve Delivered”: New Disclosures Demolish President Biden’s Denials on Hunter Dealings” →

Justice, Politics, Society

An Island of Virtue Among Today’s Elected Officials: Water District & Sewer District Commissioners

By Darren Smith, Weekend Contributor

I’ll go out on a limb and make a proposal, based mostly on anecdotal observations I have made during my adult life of both politicians and elected officials–there is a difference–and what these individuals have often gotten us into. I have come to the conclusion that among the various cultivars of politics, the two positions that for me have consistently remained the most benevolently virtuous, and least damaging to ordinary people, are not the high-profile, ostentatious seats in various houses of parliament, legislatures, or a presidency. They are often the more behind-the-scenes, yet foundationally necessary public service elected officials often known as Water District and Sewer District Commissioners.

They might not be the most well-known, which in itself is an admirable quality, but they serve for me as a model of how we would be as a society better off if politicians adopted the approach of these commissioners and not that of petty tyrants or worse that seem to be attracted to politics.

Continue reading “An Island of Virtue Among Today’s Elected Officials: Water District & Sewer District Commissioners” →

Justice, Society

Honorable Civil Disobedience

By Darren Smith, Weekend Contributor

Having seen over the years protesters engaged in voicing their grievances in fashions ranging from the peaceful to the violent, I believe it is incumbent to provide guidelines in the hope of furthering a cause without the distractions that spill over into not only silencing important messages but preventing consequences that hurt others.

I propose the idea of Honorable Civil Disobedience.

Continue reading “Honorable Civil Disobedience” →

Congress, Criminal law, Justice, Politics

Schiff: House Select Committee Has Evidence That Trump “Engaged in Likely Multiple Criminal Acts”

Representative Adam Schiff (D-CA) went on CNN’s “Don Lemon Tonight” to tout the work of the House Select Committee investigating the Jan. 6th riot. In that interview, Schiff declared that the Committee has enough evidence showing former President Donald Trump “engaged in likely multiple criminal acts.” While vague on the specific crimes, Schiff emphasized that the Justice Department did not have to wait any further to launch a criminal investigation based on what has already been disclosed. While the Committee has disclosed new evidence in the form of videotapes and testimony, it has not presented new material evidence of criminal acts in my view. That could still come but the first two hearings largely focused on a “conspiracy” to challenge the election certification and allegations that Trump knew that there was no compelling evidence of widespread election fraud.

Continue reading “Schiff: House Select Committee Has Evidence That Trump “Engaged in Likely Multiple Criminal Acts”” →

Congress, Constitutional Law, Criminal law, Justice, Politics, Supreme Court, Testimony

Turley Testifies in the Senate on Domestic Terrorism

This morning I will be testifying before the Senate Judiciary Committee on the expansion of domestic terrorism investigations. The hearing is titled “Examining the ‘Metastasizing’ Domestic Terrorism Threat After the Buffalo Attack” and will begin at 10 am in the Hart Senate Office Building (Room 216). The written testimony is linked below.

Continue reading “Turley Testifies in the Senate on Domestic Terrorism” →

Columns, Congress, Criminal law, Justice, Lawyering, Politics

Subpoena Wars: Washington is on a Path to Mutually Assured Destruction

Below is my column in The Hill on the subpoena war raging in Washington as the Jan. 6th Committee prepares for its first public hearings this week. This weekend, the Justice Department announced that it would not be prosecuting former chief of staff Mark Meadows and social media director Dan Scavino. As noted below, they took a wiser course of limited cooperation. The refusal to prosecute triggered a backlash from Rep. Adam Schiff who wanted to see more criminal charges out of the Biden Administration.

Here is the column: Continue reading “Subpoena Wars: Washington is on a Path to Mutually Assured Destruction” →

Criminal law, Justice, Politics

“Not My Investigation”: Former FBI General Counsel Shrugs Off Delay in Turning Over Key Text Message

Former FBI General Counsel  (and now Twitter lawyer) James Baker has long been a lightning rod for critics over the role of the FBI in pushing false Russian collusion claims. Baker did not help himself with those critics yesterday when he took the stand in the trial of Michael Sussmann, former Clinton campaign counsel. After declaring Sussmann a friend, Baker seemed to shrug off the fact that he previously failed to turn over a critical piece of evidence to Special Counsel John Durham because “this is not my investigation. This is your investigation.”

Continue reading ““Not My Investigation”: Former FBI General Counsel Shrugs Off Delay in Turning Over Key Text Message” →

Criminal law, Justice, Politics

Garland Stonewalls Questions about a Special Counsel Despite New Evidence Tied to President Biden

Attorney General Merrick Garland continued to refuse to address questions over his refusal to appoint a Special Counsel in the Hunter Biden investigation despite new evidence tying President Joe Biden to the controversial business deals. The New York Post is reporting that President Biden agreed to cover more than $800,000 in bills of Hunter, including legal fees tied to the foreign deals. While President Biden’s denial of knowledge of Hunter’s deals has been repeatedly contradicted (including by Hunter himself), White House Press Secretary Jen Psaki declared that President Biden stands by his denials. However, she declined to explain new information showing that a key business partner in these deals visited the White House over a dozen times, including at least one meeting with then Vice President Biden.

Continue reading “Garland Stonewalls Questions about a Special Counsel Despite New Evidence Tied to President Biden” →

Criminal law, Justice, Politics

“Lets See How We Can Be Helpful”: Joe Biden Wrote Letter to Help One of Hunter’s Foreign Contacts

We have been discussing the Hunter Biden scandal and the increasingly untenable position for Merrick Garland and the media as evidence contradicts past representations of President Joe Biden.  That position further to deteriorate today with a Fox story that, in 2017, President Biden, wrote a college recommendation letter for the son of a Chinese executive who did business with Hunter Biden. President Biden has long denied any knowledge or involvement in his son’s dealings — a claim that has been contradicted not only by emails found on the laptop but statements by Hunter Biden himself. Continue reading ““Lets See How We Can Be Helpful”: Joe Biden Wrote Letter to Help One of Hunter’s Foreign Contacts” →

Columns, Criminal law, Justice, Lawyering, Media

Biden’s ‘Absolute’ Defense of Hunter Leaves Media and Justice Department in a Muddle

Below is my column in The Hill on President Joe Biden doubling down on his absolute defense of his son Hunter Biden. The comments only magnify the concerns over Attorney General Merrick Garland refusing to appoint a special counsel despite the clear basis for such an appointment.  It is clear that the President “absolutely” stands by his son and that the media absolutely stands by the President. The question is whether Garland will stand by justice and appoint a special counsel.

Here is the column: Continue reading “Biden’s ‘Absolute’ Defense of Hunter Leaves Media and Justice Department in a Muddle” →

Justice, Lawyering, Politics

Report: Biden Wants Attorney General Garland to Prosecute Trump

During the last Administration, the media was (rightfully) critical of President Donald Trump’s repeated public calls for action from the Justice Department or attacking the handling of pending investigations. Legal experts lined up to denounce the damage to the independence of the Justice Department. The media and experts, however, have been largely silent as President Joe Biden has declared the guilt of individuals or promised punishment before even the commencement of investigations. The latest such example is the leaking of Biden’s desire to have Attorney General Merrick Garland prosecute Trump. Continue reading “Report: Biden Wants Attorney General Garland to Prosecute Trump” →

Columns, Criminal law, Justice, Politics

Attorney General Garland and the “Unobstrusive” Federal Monitoring of School Board Meetings

In the 1946 move, “Terror by Night,” Sherlock Holmes assures Lady Margaret that, while he and Dr. Watson would be hanging around, “we’ll be as unobtrusive as possible.” Lady Margaret correctly responds “That would be a novelty from a policeman.” That scene came to mind when Attorney General Merrick Garland testified in Congress to assure members that he does not believe that parents protesting at school board meetings are domestic terrorists. He insists that there was nothing to be worried about because the FBI would simply be monitoring what these parents say or do at school meetings. Promises of such “unobtrusive” investigations or operations ignore the obvious: any national enforcement or monitoring effort is by definition obtrusive, particularly when it comes to free speech.

Continue reading “Attorney General Garland and the “Unobstrusive” Federal Monitoring of School Board Meetings” →

Justice, Media, Politics

“Those People Will Pay”: Did Biden Just Prejudice the Border Investigation?

The comments of President Joe Biden on Friday left many of us surprised, if not stunned, when he appeared to announce a finding to the ongoing investigation into allegations that mounted Border patrol officers whipped or “strapped” Haitian migrants trying to enter the country. During the Trump Administration, many of us correctly chastised the President for crossing the line in discussing ongoing Justice Department investigations and calling for particular resolutions. The response to this inappropriate statement is more muted from the media but it should be no less concerning. Biden’s statements are clearly prejudicial to the investigation of the incident and should be corrected in the interests of a fair process for all involved.

Continue reading ““Those People Will Pay”: Did Biden Just Prejudice the Border Investigation?” →

Bizarre, Justice, Lawyering, Media, Politics

Legal Pundits and the Washington Post Line Up To Mock Durham’s “Zombie Investigation” in Stark Contrast to The Same Mueller Charges

In Washington, there is no greater indication of wrongdoing than the number of people denouncing efforts to investigate it. The “nothing to see here” crowd went into hyperventilation this week when Special Counsel John Durham indicted a former Clinton campaign lawyer, Michael Sussmann. Legal experts who spent years validating every possible criminal charge against Trump and his associates are now insisting that Durham needs to end his investigation. The Washington Post heaped ridicule on Durham despite an indictment detailing an effort to hide the connection to the Clinton campaign and a concerted effort to push false Russian collusion claims. Continue reading “Legal Pundits and the Washington Post Line Up To Mock Durham’s “Zombie Investigation” in Stark Contrast to The Same Mueller Charges” →

Constitutional Law, Justice, Politics, Society, Supreme Court

“The Light is Better Here”: Garland Pledges To Protect Abortion Clinics From “Attack”

There is an old story about a man who comes upon another man in the dark on his knees looking for his wedding ring under a street lamp. Sympathetic, the man joined the stranger on his knees and looked for almost an hour until he asked if the man was sure that he dropped it here. “Oh no,” the stranger admitted, “I lost it across the street, but the light is better here.”

The story came to mind yesterday when U.S. Attorney General Merrick Garland was widely covered in pledging that the Justice Department would defend women in Texas seeking abortions. Garland appears to be answering a different question than the one raised by the new law. Continue reading ““The Light is Better Here”: Garland Pledges To Protect Abortion Clinics From “Attack”” →

Res ipsa loquitur – The thing itself speaks