Category: Lawyering

Hunter Biden Loses Game of Chicken With Himself

Below is my column in the New York Post on the sudden guilty plea from Hunter Biden in his federal tax case. It was not the plea but the timing of the plea that was the surprise. What is missing is any cognizable legal strategy in waiting until the first day of the trial to make a “naked plea” when it offered the least possible benefit to him. It was like waiting for the water to reach the deck of the Titanic before asking about swimming lessons. He was a tad late and then unsuccessfully sought to plead guilty without admitting guilt.

Here is the column:

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“No Place in the Public Discourse”: The Connecticut Bar Association Warns Critics of Trump Prosecutions

This week, I have received emails from Connecticut bar members over a message posted by President Maggie Castinado, President-Elect James T. (Tim) Shearin, and Vice President Emily A. Gianquinto warning them about criticizing the prosecutions of former President Donald Trump. The message from the bar leadership is chilling for those lawyers who view cases like the one in Manhattan as a raw political prosecution. While the letter does not outright state that such criticism will be considered unethical conduct, it states that the criticism has “no place in the public discourse” and calls on members to speak publicly in support of the integrity of these legal proceedings. Continue reading ““No Place in the Public Discourse”: The Connecticut Bar Association Warns Critics of Trump Prosecutions”

Hunter Comes Up A Donut Short of a Defense in Delaware

Below is my column in the New York Post on the conviction of Hunter Biden in Delaware and how his nullification strategy may have backfired. As discussed below, empathy can turn into insult when jurors are given patently implausible theories by the defense. Hunter finally found a group of people who were unwilling to see him as immune from responsibility for his conduct. Hunter literally came up a donut short of a defense in Wilmington.

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Garland’s Moment of Truth: With the Perjury Referral, the Attorney General Faces a Clear Choice Between Principle and Politics

“Conscience doth make cowards of us all.” Those words from Hamlet captured the moral dilemma for many of us as we face the costs of conscience.

For each of us, there often comes a moment when our principles are put to an undeniable and unavoidable test. It may be as simple as cheating on a test, shoplifting a product, or admitting to a wrong. It is natural to want to avoid such moments, particularly when we cannot even admit to ourselves that we may not be the person we have long claimed to be. Continue reading “Garland’s Moment of Truth: With the Perjury Referral, the Attorney General Faces a Clear Choice Between Principle and Politics”

The Closing: Trump’s Final Argument Must Bring Clarity to the Chaos in Merchan’s Courtroom

Below is my column in the New York Post on the closing arguments scheduled for today in the trial of former President Donald Trump.  The column explores the key elements for a closing to bring clarity to the chaos of Judge Juan Merchan’s courtroom.

Here is the column:

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Did Michael Cohen Commit Perjury in the Trump Trial?

Below is a slightly expanded version of my column in the New York Post on the first day of cross examination for Michael Cohen. He still has one day of cross examination ahead of him on Thursday. With the government resting after Cohen’s cross examination, I believe that an honest judge would have no alternative but to grant a motion for a directed verdict and end the case before it goes to the jury. Judge Juan Merchan will now have to give the full measure of his commitment to the rule of law. Given the failure to support the elements of any crime or even to establish the falsity of recording payments as legal expenses, this trial seemed to stumble through the motions of a trial. Michael Cohen was only the final proof of a raw political exercise. For critics, some of Cohen’s answers appear clearly false or misleading. Like their star witness, the prosecutors have shown that they simply do not take the law very seriously when there is an advantage to be taken. Cohen has truly found a home with the office of Manhattan District Attorney Alvin Bragg.

Here is the column:

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“It Simply Does Not Make Any Sense”: Judge Trashes Election Lawsuit by the Elias Law Firm

(MSNBC/via YouTube)

The firm of former Clinton campaign general counsel Marc Elias has lost another election case in a spectacular fashion. The Chief Judge of the Western District of Wisconsin, James Peterson (an Obama appointee), did not just reject but ridiculed the Elias Law Group challenge to a witness requirement for absentee voting. Elias has been previously sanctioned in court and accused of lying in the Steele dossier scandal by journalists and others. Continue reading ““It Simply Does Not Make Any Sense”: Judge Trashes Election Lawsuit by the Elias Law Firm”

Michael Cohen Goes on TikTok With New Trump Taunt … and Announces Campaign for Congress?

Fox is reporting that Michael Cohen was back on TikTok last night using the Trump trial to troll for dollars. Cohen reportedly appeared in a teeshirt showing Trump in an orange jumpsuit and asked for more followers. He also reportedly announced his candidacy for Congress, which would allow him to take one of the seemingly few oaths that the serial perjurer has not violated. Continue reading “Michael Cohen Goes on TikTok With New Trump Taunt … and Announces Campaign for Congress?”

Stormy Daniels Day: Alvin Bragg Lights Dumpster Fire in Manhattan

Below is my New York Post column on the unseemly scene in the courtroom of Judge Juan Merchan as prosecutors used porn star Stormy Daniels to present lurid details on her alleged tryst with former president Donald Trump. It was a dumpster fire that Judge Merchan watched burn for a full day and then said the jury may have to disregard much of what they saw and heard.

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A Disbarred, Serial Perjurer Walks into a Court and Asks to Take an Oath…Seriously, No Joke

C-Span/YouTube Screenshot

Below is my column in The Hill on the expected appearance of Michael Cohen in the Manhattan trial of former president Donald Trump. It will be a scene that is both mesmerizing and repellent for many, particularly in the bar.

Here is the column:

Continue reading “A Disbarred, Serial Perjurer Walks into a Court and Asks to Take an Oath…Seriously, No Joke”

David Hogg Group Hit With Allegations Over Spending Practices and Policies

(Official White House Photo by Adam Schultz)

Gun control activist David Hogg has been hit with allegations over the spending practices of his group Leaders We Deserve PAC. Conservative outlets are reporting that the group spent comparably little on actual candidates as opposed to travel and expenses. His prior counsel is a familiar name in such controversies in Washington: former Clinton campaign general counsel Marc Elias.

Rachael Rollins Disbarred After Justice Refuses to Prosecute One of its Own

We previously discussed the controversy surrounding Rachael Rollins, the former U.S. Attorney for Massachusetts nominated by President Biden who was implicated in alleged criminal and unethical conduct. The case presented a glaring contrast to how the Justice Department treats its own officials accused of crimes in comparison to less favored individuals. Now, Rollins has been stripped of her bar license based on the same conduct. Continue reading “Rachael Rollins Disbarred After Justice Refuses to Prosecute One of its Own”

Of Pings and Prosecutors: The Spectacular Imposition of the Willis-Wade Testimony

Below is my column in the New York Post on the expanding controversy surrounding the disqualification of Fani Willis and Nathan Wade. In today’s legislative hearing in Atlanta, counsel Ashleigh Merchant testified that cellphone records on one occasion show “pings” on Wade’s cellphone from his home to the vicinity of Willis’s home followed by a call to Willis and then hours of silence. The next morning, she claims, the data shows him going back to his home and texting Willis. It is only the latest example of how evidence against the two prosecutors is growing and possible explanations are dwindling in the case.  The greatest problem is how these allegations are beginning to mirror those against the defendants being prosecuted by Willis and Wade.

Here is the column:

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Friends with Benefits? Telephone Records Raise New Challenge to the Willis/Wade Testimony

In the movie Friends with Benefits, the character Jamie asks Dylan “why do I get the feeling this is the first real commitment you’ve ever made?” Dylan responds “It’s not. T-Mobile. Two years. And f*** do I regret that one!”

The ongoing proceedings involving Fulton County District Attorney Fani Willis and lead prosecutor Nathan Wade seem to be playing out a real-life version of Friends with Benefits, though the benefits may have violated core ethical rules. Now, it appears that Wade may, like Dylan, regret that cellphone plan. Continue reading “Friends with Benefits? Telephone Records Raise New Challenge to the Willis/Wade Testimony”

Report: Hunter’s Lawyers Balked at Kevin Morris Pushing Laptop Conspiracy Theories

We have previously discussed the controversial representation of Kevin Morris of Hunter Biden, including the threat from Morris to sue me for defamation if I continued to raise ethical concerns over his conduct. Now a report by the New York Times suggests that even Hunter’s other lawyers had concerns over Morris’s claims, particularly the fostering of a conspiracy theory to deny the authenticity of the infamous laptop of Hunter Biden.

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