Category: Lawyering

New York Attorney General Moves Against Trump Foundation

495px-Donald_Trump_by_Gage_SkidmoreWe have been discussing the serious allegations against Donald Trump’s charitable foundation, which have been used in transactions that are linked to Trump’s businesses rather than charities.   — which has been sustained for years by donors outside the Trump family — has never obtained the certification that New York requires before charities can solicit money from the public, according to the state attorney general’s office.  Now, New York Attorney General Eric Schneiderman (D) has made the surprising allegation that the Donald J. Trump Foundation does not have the necessary registration and annual audit to operate as a large foundation.  I have been critical of Schneiderman in his investigation of climate change skeptics.  However, the failure to obtain this necessary registration and comply with basic auditing is quite surprising. Once again, I am unclear how any attorneys representing Trump could continue to maintain the charity without satisfying such basic legal requirements, particularly one (the auditing) designed to prevent the very type of intermingling of funds that been raised by critics.

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Comey: Clinton Aides Refused To Cooperate Without Immunity

Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziHillary Clinton’s position on the email scandal has repeatedly changed from its first emergence in the presidential campaign from denial of bad judgment to the denial of the use of the private server for any classified information to the denial of any material “marked” as classified to the denial of seeing or understanding classified markings. However, one claim has remained unchanged. Clinton has maintained that she and her staff have “cooperated fully” with investigators. That claim was previously shown to be untrue when it was revealed that neither Clinton nor her staff would agree to speak with State Department investigators even though they said that such interviews were needed to determine the scope any damage to national security or security breaches. Now, however, the lack of cooperation has been put into sharper relief with the testimony of FBI Director James B. Comey this week. My column this week raised serious misgivings over the handling of the investigation with the disclosure of five immunity grants by the Justice Department, including one given to Cheryl Mills. Those misgivings were raised with Comey before the United States Senate Homeland Security and Governmental Affairs Committee where Comey revealed the extent to which Clinton aides refused to cooperate, including an assertion of the privilege against self-incrimination raised before answering questions about a key telephone conference conversation before the infamous “bleaching” over email records being sought by Congress. Comey testifies today before the House Oversight Committee. I am currently scheduled to discuss these issues tonight on the O’Reilly Factor.

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Public Defender Refuses To Remove “Black Lives Matter” Pin Despite Judicial Order

black-lives-matter-button-225Deputy PD, Erika Ballou, has refused to comply with a judicial order to remove a Black Lives Matter pin from her blouse — a clear violation of court rules. As we recently discussed with regard to such pins, judges maintain basic rules of decorum and dress in their courtrooms, particularly in barring political symbols that may influence a jury or witnesses. What is astonishing is not just that Ballou defied the court but that Clark County Public Defender Phil Kohn was standing next to her and a dozen defense lawyers stood behind her in support.

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Stonetear’s Secret: Immunized Former Clinton Aide Allegedly Sought Advice On Removing Email Address For “Very VIP” Official [UPDATED]

bleachbit-paul-combettaWe have been discussing the controversy surrounding the decision of the Justice Department to give immunity to former State Department staffer, Bryan Pagliano and tech specialist Paul Combetta — thereby removing much of the pressure that could have been brought to bear with the threat of criminal charges. That immunity deal became even more questionable when it was disclosed that Combetta used Bleachbit to destroy email records despite his knowledge that those records were being sought by Congress. Now, there is an allegation that Combetta sought advice on the website for how to hide a “VIP’s (VERY VIP) email address.” If true, that would show a conscious effort to conceal the identity of the VIP and illegally alter federal records. Either Combetta did not disclose this effort in violation of his immunity deal or the Justice Department effectively removed a serious threat of indictment though the agreement. Update: the House Committee has ordered Reddit to preserve all messages concerning “Stonetear.”

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Trump Lawyers Fail In Bid To Delay Trump University Trial

495px-Donald_Trump_by_Gage_SkidmoreThe Trump legal team lost a major motion in San Diego that could have political consequences when U.S. District Judge Gonzalo Curiel refused to move the planned November 28th trial date in the Trump University fraud case. Trump attorney Daniel Petrocelli wanted the trial moved to January 2. Petrocelli argued that it was his not Trump’s schedule in November that needed to be accommodated due to another trial.

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The Curious Role Of Cheryl Mills As Both Witness and Lawyer In The FBI Investigation

cheryl_d-_mills136px-US-FBI-ShadedSeal_svgWe previously discussed the problematic role of all of the Clinton staffers speaking with FBI being represented by the same lawyer despite potential conflicts of interest. The release of material from the FBI has revealed an even more troubling role of a Clinton lawyer. In an accommodation that would have been refused in most criminal investigations, the FBI allowed Cheryl Mills to sit in on the interview of Hillary Clinton on the email scandal even though Mills is a witness and a key figure in the scandal. The FBI still allowed her to advise a witness who could have opposing or conflicting accounts to her own prior statements. It is a dual role that is frowned upon by bar rules and would likely draw intense objections in most cases. The accommodation reinforces the view that Clinton received extraordinary accommodations by the FBI in its consideration of criminal charges.

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Fifty Shades of Grey: Daughter Admits To Have Made False Rape Allegations Against Father Based On Best Selling Book

220px-50ShadesofGreyCoverArtA father was most likely spared a rape conviction by a lawyer’s crash reading of the best-selling sadomasochistic sex novel Fifty Shades of Grey. The accuser was his daughter who admitted that she made the allegation to get back at her father. As we have previously discussed, such false rape case often do not result in charges for the false victim. In this case, there is no reference for such charges.

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Black Lives [Pins] Matter: Ohio Attorney Jailed For Refusing To Take Off Pin In Court

Screen Shot 2016-07-26 at 1.00.14 PMThere is an interesting controversy out of Youngstown, Ohio where attorney Andrea Burton have been jailed for five days for contempt in refusing to take off her Black Lives Matter pin. Youngstown Municipal Court Judge Robert Milich ruled that such pins are a distraction and inappropriate for the courtroom, but Burton refused to yield.

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Indiana Prosecutor Is Fired For Withholding Exculpatory Evidence

photo-of-eric-knowles-courtesy-of-porter-county-sheriffs-departmentIn a relatively rare move, Porter County Deputy Prosecutor Trista Hudson has been fired for her blatantly unethical conduct in the withholding of exculpatory evidence in the prosecution of Eric Knowles (left), 39, for child molestation. Recently, evidence was discovered that one of two purported victims made up at least part of the accusations in a child molestation case. Hudson also serves on the Valparaiso City Council.

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Missouri Car Accident Lawyer Accused In Alleged Fatal Drag Race Accident

5786df67ed2c1.imageA lawyer who specializes in wrongful death cases and car accidents has found himself at the center of such a case . . . as a criminal defendant. Scott A. Bailey, 44, allegedly crashed his Mustang into a woman’s SUV during a drag race. Kathleen “Kay” Koutroubis, 73, was fatally injured. The other man is Haven A. Sooter, 39, was driving a BMW who suffered a broken arm and a concussion in the crash.

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When in Rome, Do As The Romans Do: Judge Joins Defendant In Trash Talking Tirade And Dares Him To Masturbate In The Courtroom

Judges often have to deal with hard cases, including some who literally have nothing to lose in disrupting a courtroom. Most judges will have such defendants removed, but Floyd County Superior Court Judge Bryant Durham in Rome, Georgia appeared to be intent on trying to out crazy the craziest guy in the room. In this case, the guy was Denver Allen and he unleashed a tirade at Durham who proceeded to join him in trashing talking. This led ultimately to Judge Durham daring Allen to masturbate in his courtroom. It should also lead to Durham’s discipline and likely removal for conduct that violates the basic tenets of judicial ethics.

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“Heaven Help Us”: Manziel Attorneys Mistakenly Send Reporters Emails Implicating The Former Quarterback In Continued Drug Use

It has happened to us all. You quickly type an email and some auto program completes the address for the wrong person or you hit “reply all” by mistake. Indeed, most attorneys have had such misfires in case, but few have had to deal with the embarrassment of Defense attorney Bob Hinton in the high-profile case. Hinton sent an Associated Press reporter an email intended for the legal team that admits that his client former Quarterback and Heisman Trophy winner Johnny Manziel is still abusing drugs and could not pass a simple urinalysis as part of any plea bargain. Since they are trying to secure such a deal, the email is devastating for any chance that Manziel had for such a deal. To make matters worse, Manziel’s own father called him a “druggie” and said that he hoped that his son would be sent to jail to save his life.

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Ninth Circuit Upholds Sanctions Against Attorneys Who Ran Abusive Copyright Operation Over Downloaded Porn Movies

200px-US-CourtOfAppeals-9thCircuit-Seal.svgI have previously written about a large number of law firms on retainer to bring these actions and artists and companies that do little to limit them. The greatest problem is the success of this lobby in getting Congress and the Obama Administration to push through virtually any legislation that they demand — criminalizing violations, approving warrantless searches, and allowing for obscene awards. Every year it gets worse as companies claim ownership over common phrases and images — reinforced by these legal factory operations of bullying lawyers. We recently discussed the claim of Citigroup to ownership of “ThankYou.” Now in an all-too-rare ruling, The United States Court of Appeals for the Ninth Circuit has upheld an $81,000 sanction against three lawyers — John Steele, Paul Hansmeier and the late Paul Duffy — for being little more than legal trolls in harassing and threatening people into giving them money for downloading pornography. These three lawyers operated “Prenda law” which was little more than a disgraceful shakedown operation.

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