Category: Justice

Hunter Biden Is Under Federal Investigation

Hunter Biden confirmed yesterday that he is indeed under investigation by the U.S. attorney’s office in Delaware for possible tax violations.  For years, the media has maintained a virtual blackout on Hunter Biden stories even as some of us noted that a 2019 subpoena indicated an active criminal investigation. Apparently, there was no way to “say this nicely” so the media said virtually nothing at all. The son of the incoming president will now be investigated by his father’s Justice Department. In the meantime, many in the media are still struggling with the journalistic version of the denial stage in the KüblerRoss stages of grieving.  The move during the lame duck period could reflect a desire to iron plate the investigation before the arrival of a Biden Justice Department. It will certainly add a new complication to any already difficult situation with a pending Special Counsel investigation.

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“It’s Going Down”: The Justice Department Charges Two Women on Terrorism Charges

We have been discussing the previously announced use of terrorism laws to address violent protests around the country, a move that I have criticized as raising civil liberty concerns. There have been cases that arguably fit a terrorism model however and now the Justice Department has charged a new such case against two women associated with Antifa and anarchist groups. Samantha Frances Brooks, 27, and Ellen Brennan Reiche, 23, were charged with terrorism crimes in allegedly trying to place a “shunt” on railroad tracks to cause a train to derail. Continue reading ““It’s Going Down”: The Justice Department Charges Two Women on Terrorism Charges”

Barr’s Appointment Of Special Counsel Leaves Biden and Democrats In A Muddle

Below is my column in USA Today on the implications of the appointment of U.S. Attorney John Durham as a Special Counsel.  House Intelligence Committee Adam Schiff and other Democrats have already denounced the move and called for the next Attorney General to consider rescinding the appointment.  While Schiff previously called for legislation to protect Special Counsel Robert Mueller to complete his work without interference from the Attorney General, he ramped up the rhetoric against Durham as leading a “politically motivated investigation.” Durham was previously praised by Democrats and Republicans alike as an independent, apolitical, and honest prosecutor.  After insisting that the public has a right to see what has been uncovered over years of investigation by Mueller, they are now pushing to end the Durham investigation and forestall any final public report.

Here is the column:

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Carter Page Files $75 Million Lawsuit Against The FBI, Comey, McCabe, and Others

Former Trump campaign aide Carter Page on Friday has filed a $75 million lawsuit against the Federal Bureau of Investigation (FBI) and former high-ranking officials, including former FBI Director James Comey, and Andrew McCabe. The complaint includes eight claims that range from violations to the Foreign Intelligence Surveillance Act (FISA), Federal Tort Claims Act, a Bivens claim, and Privacy Act. It is very well written, but it will be challenging given the discretionary authority of justice officials in some of these actions. For full disclosure, I previously discussed Page’s case with both Page and his counsel (particularly after a column on his case). I have been a critic of his targeting for years and have spoken with Page on the investigation.  I view Page as a victim of an abusive federal investigation and ideally he should be afforded relief for his treatment. Federal case law however presents barriers for people in his position. If he were to prevail, it could create important precedent protecting citizens and civil liberties for the future.

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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.

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The Best Case For A Flynn Pardon May Be The Conduct Of The Court Rather Than The Defendant

President Donald Trump is reportedly considering a pardon for his former National Security Adviser Michael Flynn this week. As someone who has long opposed Trump’s pardons of Trump associates like Roger Stone and  Joe Arpaio, I do not come easily to the idea of pardon for someone like Flynn. However, the strongest case for a pardon for Flynn was not made by his lawyers as much as his judge, the Honorable Emmet Sullivan. Sullivan’s continued controversial actions in the case could be cited as a credible, if not a compelling basis, for a pardon of Flynn. Continue reading “The Best Case For A Flynn Pardon May Be The Conduct Of The Court Rather Than The Defendant”

Biden Laptop Was Subpoenaed By The FBI in 2019 As Part Of A Money Laundering Investigation

Last night, Fox News reported that the laptop allegedly belonging to Hunter Biden was subpoenaed last year by the FBI in a money laundering investigation. While the status and the targets of the investigations are unknown, the subpoena would appear to support the fact that these emails are authentic and that the laptop was Biden’s. While House Intelligence Committee Chair Adam Schiff and roughly 50 “intelligence experts” have assured the public that this is just Russian disinformation, both the FBI and the Director of National Intelligence have now confirmed that they do not believe the laptop and its contents are Russian disinformation. Now it appears that the laptop was viewed as sufficiently connected to possible federal crimes to be subpoenaed as evidence by the FBI a year ago. Continue reading “Biden Laptop Was Subpoenaed By The FBI in 2019 As Part Of A Money Laundering Investigation”

Whitmer Lashes Out At Barr Over Kidnapping Plot Despite The FBI Uncovering The Plot And The DOJ Prosecuting The Plotters

Michigan Gov. Gretchen Whitmer was the target this month of a plot of extremists to kidnap her and storm the state capitol.  After the arrests of the primary suspects, Whitmer lashed about at President Donald Trump for failing to condemn right wing violence. That is certainly a common criticism. However, Whitmer also attacked Attorney General Bill Barr and suggested that he knew about the plot.  It was a curious attack since the FBI uncovered the plot and the DOJ is prosecuting the plot. There is no indication that the DOJ was delaying action. To the contrary, it acted to thwart the plot and protect Whitmer.  The other question is why would Barr lie about his knowledge?  To what logical end? He was not asked about any threats but specifically if he knew about signs and statements made a protest in Lansing, Michigan in June — a protest that was under state, not federal, jurisdiction.

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What Rings Comey’s Bell: The Former FBI Director’s Casual Testimony Confirms the Worst About His Tenure

In his long-awaited testimony before the Senate Judiciary Committee, former FBI Director James Comey’s testimony proved as casual as his appearance in an open shirt from his home office. Comey was hammered with embarrassing findings of errors under his watch in the handling of the Russian investigation, including the reliance on information that FBI agents warned might be Russian disinformation supplied by a Russian agent. After years of investigation, the FBI was unable to show that a single Trump official conspired or colluded with the Russians. Instead, investigations found extensive errors, irregular and criminal conduct, and statements of intense bias by key FBI figures. Yet, Comey proceeded to give what amounted to a series of shrugs in either denying any recollection of such information or deflecting responsibility to others. Continue reading “What Rings Comey’s Bell: The Former FBI Director’s Casual Testimony Confirms the Worst About His Tenure”

The Use of Sedition Laws Against Rioters Would Be Wrong

I have been critical recently of remarks attributed to Attorney General Bill Barr, including the alleged consideration of criminal charges against a mayor for not acting against rioters and the use of sedition charges against some individuals. The latter allegation was reinforced by the Associated Press after it obtained a memo to United States attorneys.  The memo suggests a more general use of sedition for anyone opposing government authority by force. Such a use of sedition laws directly threatens free speech values and would return to dark periods of the suppression of dissent in our country.  It is also entirely unnecessary given the array of ample and severe laws available to punish looters and rioters.

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The White House Is Wrong In Seeking To Have DOJ Take Over The Defamation Case Against Trump . . . But A Court Will Have To Grant It [Updated]

The Department of Justice (DOJ) moved yesterday to take over the representation in the defamation suit brought by author E. Jean Carroll, who has accused President Donald Trump of raping her.  I strongly disagree with the use of the Justice Department in such circumstances.  However, the court may have little choice to grant the motion.  This is a case where the legal answer is not the right answer.

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Biden Should Reject The Harris-Yates Model of Justice

440px-Kamala_Harris_Official_Attorney_General_Photosally_q-_yatesBelow is my column in the Hill newspaper on what stood out in the Democratic National Convention in terms of the future for the Justice Department under a possible Biden Administration. I have been highly critical of President Donald Trump’s treatment of the Justice Department and his disregarding of the principles of separation of the White House from ongoing investigations. Critics however often seem to embrace the seem disregard for core, defining principles of legal process. Highlighting the message of Sally Yates and Kamala Harris on justice issues is discomforting for those of us who want to see the Justice Department’s independence and objectivity respected and reinforced.

Here is the column:

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Justice Delayed or Justice Denied? A Response To Andrew Weissmann And Ryan Goodman

US-DeptOfJustice-Seal_svgRecently, I posted a criticism of Andrew Weissmann, one of the top prosecutors with Special Counsel Robert Mueller, who ran a column with Professor Ryan Goodman encouraging Justice Department attorneys not to assist U.S. Attorney John Durham in his ongoing investigation (at least before the election) and dismissing the basis for the plea agreement reached with former FBI lawyer Kevin Clinesmith.  Goodman argues that I was unfair to him and Weissmann in my posting and I wanted to respond.  I did include a longer quote from the column to be sure that their point was better understood in context in an updated posting. However, in my view, the defense of this column only highlights the inherent bias that the original posting sought to address. Rather than append this long discussion at the end of the original column, I felt it deserved its own posting and consideration by readers. The discussion below is a response not just to Goodman’s tweets but their column.

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Mueller Aide Weissmann Calls On DOJ Attorneys Not To Help On Investigations [Updated]

Andrew-Weissman
Andrew Weissman.

I recently wrote a column discussing how Democratic leaders, including Vice President Joe Biden, have argued against continuing the investigation by U.S. Attorney John Durham despite growing evidence of misconduct by Justice Department officials and now the first guilty plea by former FBI lawyer Kevin Clinesmith. Now, Andrew Weissmann, one of the top prosecutors with Special Counsel Robert Mueller, has derided the Clinesmith plea while actually calling on Justice Department attorneys to refuse to help on ongoing investigations that could implicate aspects of his own prior work. [Update: I have include a longer quote from the column by the two authors and I have written another posting to address objections raised by Professor Goodman.]

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FBI Lawyer In Russian Investigation To Plead Guilty For False Statement

440px-John_H._DurhamWe have previously discussed allegations against FBI lawyer Kevin Clinesmith who played a key role in maintaining the secret surveillance of Trump campaign advisers in the Russian Investigation, including the falsification of a filing to the secret court.  U.S. Attorney John Durham who is investigating the matter, has announced that Clinesmith will now plead guilty to making a false statement.  The implications of this criminal plea is enormous but the media has engaged in a pattern of willful blindness to mounting evidence of wrongdoing in the Russian investigation by FBI and DOJ figures. Continue reading “FBI Lawyer In Russian Investigation To Plead Guilty For False Statement”