I recently wrote a column on FBI investigation into the Clinton email scandal and revised my view as to the handling of the investigation in light of the five immunity deals handed out by the Justice Department. I had previously noted that FBI Director James Comey was within accepted lines of prosecutorial discretion in declining criminal charges, even though I believed that such charges could have been brought. However, the news of the immunity deals (and particularly the deal given top ranking Clinton aide Cheryl Mills) was baffling and those deals seriously undermined the ability to bring criminal charges in my view. Now, Comey has testified before both the Senate and the House. His answers only magnified concerns over the impact and even the intent of granting immunity to those most at risk of criminal charges.
Category: Media
Hillary 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.
Continue reading “Comey: Clinton Aides Refused To Cooperate Without Immunity”
Last week, the disclosure of a total of five immunity agreements handed out by the Justice Department as part of its investigation of the Clinton email scandal. The extent of the deals and the recipients were surprising, particularly in the failure to previously disclose those deals. As a criminal defense lawyer, I was surprised to see the deals include Cheryl Mills, one of the highest officials accused in the deletion of tens of thousands of emails and the failure to heed warnings over the risk to national security from the use of the Clinton private server. Below is the column.
By Darren Smith, Weekend Contributor.
Free-speech claimed another victim in the Middle-East after Jordanian Journalist Nahed Hattar, who is accused of sharing online an “anti-Islamic” cartoon, was assassinated outside a courthouse where he was facing trial for insulting Islam.
Continue reading “Jordanian Writer, On Trial For Insulting Islam, Murdered At Courthouse”
While riots and looting continued in Charlotte over the shooting of 43-year-old Keith Lamont Scott, the Charlotte police are pushing back on the widely repeated report that Scoot was unarmed and shot walking away from police without any provocation. Police say that Scott was armed and refused to drop his weapon. Continue reading “Rivaling Accounts of Scott Shooting Emerge In Charlotte”
Another university has cancelled a conservative speaker under the guise of security concerns. The speaker is Milo Yiannopoulos who has repeatedly been disrupted or cancelled in his effort to speak on campuses (as well as being barred by Twitter). Yiannopoulos attracts considerable opposition and seems to relish the controversy with his “Dangerous Faggot” tour.
Continue reading “University of Miami Cancels Milo Yiannopoulos Event In The Name Of Security”
Former congressman Anthony Weiner appears intent on showing that he is without a single redeeming quality. Long a favorite of liberals for his acerbic attacks on the right, Weiner lied when he was first accused of sending naked unsolicited pictures to women. He attacked the media and denied everything until the proof became insurmountable. He then professed shame, resigned from Congress, and promised to reform. Later he ran an embarrassing mayoral campaign, though not without liberal supporters who continued to defend him. He was then outed again as “Carlos Danger,” this assumed name in sending new texts. He again faded away with promises of reform. Friends gave him jobs as a political commentator and even a public relations expert. He was then shown to be again sexting this year, including pictures showing his infant son. After his wife (Hillary Clinton aide Huma Abedin) left him, it has now been revealed that Weiner has been sexting a 15-year-old girl and allegedly knew that she was a minor. In the most recent scandal, Carlos Danger has emerged as “T Dog.” On this occasion, however, Weiner could have crossed the line into criminal misconduct.
We 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.”
The controversy over Donald Trump’s use of his charitable foundation is growing this week. Previously, Trump was fined $2,500 by the IRS for making a $25,000 gift from his charity to support the re-election of Florida Attorney General Pam Bondi. That donation occurred just a few days after Bondi said that she was considering joining the state of New York in a lawsuit against Trump University. It was a highly problematic use of a charity with obvious concerns over the timing. Now, there is an even more surprising disclosure that Trump used more than a quarter-million dollars from his foundation to settle lawsuits involving his for-profit businesses. That is a very serious allegation and I am surprised that, if true, legal counsel would have signed off on such an arrangement.
New Jersey Gov. Chris Christie (R) recently said that it was Bridgegate that kept him out of the Vice Presidential spot on the GOP ticket with Donald Trump. This week it became clear why that belief may have been well founded. Federal prosecutors not only contradicted Christie’s account but said that they will present evidence that Christie was told about the move to shut down the George Washington bridge to punish the local Democratic mayor. Fox News and other outlets have raised the contradictions with statements by Christie during earlier investigations. Earlier, we discussed how a former aide said that Christie “flat out lied” to the public at a press conference on his knowledge and role.
The 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.
Continue reading “Trump Lawyers Fail In Bid To Delay Trump University Trial”
The campaign just got even more heated with questions again raised over the media’s balance in reporting. First, David Brock is back in the news. Brock has been widely attacked for what critics view as sleazy and vicious work on behalf of Hillary Clinton. You may recall Bernie Sanders denounced Clinton for her continued alliance with Brock and use of his controversial PAC organizations. Clinton has refused to denounced Brock or to discourage Democrats from working with or contributing to his PACs. Now, Brock has offered money to anyone who produces damaging video or audio tapes against Trump. In the meantime, Sidney Blumenthal is back in the news. Blumenthal has long been denounced as an “attack dog” for Clinton and something of a rumor spreader. He was so radioactive that the Obama Administration took the rare step to blocking Clinton’s effort to bring Blumenthal into the State Department. Blumenthal earned the nickname “Sid Vicious” for what critics call his lethal targeting of anyone who is a political threat to Clinton. However, Clinton has refused to separate herself from Blumenthal and he continues to be a close confidant. Now, after virtually all of the media from CNN to the New York Times insisted that Trump had lied about Clinton playing the birther card before Trump, reporters have stated that indeed it was not just a couple of Clinton campaign workers (who either resigned or were later fired) but Blumenthal who spread that claim in 2008. Blumenthal denies the story, but the journalist insists that Blumenthal personally pressured him to pursue the story and told him that Obama was born in Kenya. The most recent controversies again raise questions of the Clinton camps use of such people and the media’s reporting.
I will testify this morning before the United States House of Representatives Committee on Science, Space, and Technology on the controversy over dueling state and federal investigations involving the climate change debate. After various state attorneys general announced investigations of Exxon Company over its opposition to climate change theories (including subpoenas either to or concerning conservation public interest groups), the Committee issued its own subpoenas to the prosecutors and environmental public interest groups involved in the campaign. That has triggered a confrontation as the prosecutors and environmental groups raised constitutional objections to the House subpoenas. The full committee hearing will start at 10 am in 2318 Rayburn House Office Building.
Continue reading “TURLEY TESTIFIES IN HOUSE SCIENCE COMMITTEE ON CLIMATE CHANGE CONTROVERSY”
This afternoon, the Brown family filed its appeal with the United States Supreme Court in the “Sister Wives” case. The case is Brown v. Buhman, No. 14-4117. As lead counsel for the Browns, I am joined on the petition by co-counsel Thomas Huff and we benefited from the input of our long-time co-counsel in Utah, Adam Alba. The petition asks the Court to resolve a longstanding conflict among the courts of appeals concerning the extent to which the government can strategically moot a constitutional challenge to a statute by announcing a new non-enforcement policy during the pendency of litigation. The petition is attached below.
Continue reading “BROWN FAMILY FILES APPEAL WITH SUPREME COURT IN SISTER WIVES CASE”
It is often remarkable how ministers facing tough questions on their income or luxury purchases will find a way to explain their lifestyle or secrecy as a biblical command like our prior discussion of televangelists who insisted that they really need private luxury jets. Now Elevation Church Pastor Steven Furtick is insisting that he would love to disclose how much he makes annually but it would be against the will of God.