We have been discussing the ruling of the United States Court of Appeals for the First Circuit in tossing the death sentence of Boston Marathon bomber Dzhokhar Tsarnaev due to juror bias (as well as reversing some convictions). The ruling is a relatively rare case of a court taking such action. Criminal defense attorneys, including myself, have long complained that judges talk a good game about fair trials but always seem to find a way of avoiding new trials in the face of even clear juror bias. That was my objection to the Stone trial where Judge Amy Berman Jackson refused to grant a new trial on grounds very similar to those of Tsarnaev, including alleged bias in forepersons in the both cases. While Tsarnaev only got a new sentencing proceeding, Stone should receive an entirely new trial.
Continue reading “Is The Boston Marathon Bomber Ruling Good News For Roger Stone?”
That seems to be the choice if you read accounts after President Donald Trump’s reckless tweet referring to a delay of the election. While Trump last night stated that he is not seeking a delay in the election in his tweet, the tweet set off a firestorm. I was one of those who within minutes denounced the tweet as 
We 
President Donald Trump has continued his dogmatic and potentially dangerous advocacy of the use of hydroxychloroquine despite 
For many years, we have discussed disciplinary actions taken against teachers for social media postings. As a free speech blog, the trend has been alarming as teachers are fired for taking dissenting or controversial views. Now, an incoming 
We have been discussing the controversy of the use of unmarked cars by federal officers to arrest people in Portland. 
The City of Portland has demanded that the federal government take down a fence that has separated both protesters and rioters from the federal courthouse, including those who have repeatedly tried to burn down the courthouse. Now Portland Commissioner Chloe Eudaly is imposing a $500 fine every 15 minutes until the fence is removed even though the federal officers believe the removal would cause far greater damage and injuries on both sides. The question is whether a city can impose such a fine against the federal government.
There is an interesting fight brewing between the lawyers for Covington Catholic High School student Nichola Sandmann and CNN. We 
The State University of New York-Binghamton is the defendant in a new lawsuit over its failure to protect College Republicans and a leading conservative economist in public events last year. The Binghamton University College Republicans and the Young America’s Foundation (YAF) is suing Binghamton University President 
Below is my column in The Hill on the recent disclosure of a document showing that the FBI used an agent to gather information for Crossfire Hurricane during campaign briefings of Trump during 2016. The document directly contradicted the long-standing denial that the investigation to Russian collusion was ever used to gather intelligence on Trump or his campaign. At the same time, the credibility of the Steele Dossier was further undermined this weekend with the release of new information that Steele misrepresented the sources and information used as the basis for this report, which was funded by the Hillary Clinton campaign and the Democratic National Committee. The 
As I discussed in a 
Like many, I have criticized Speaker Nancy Pelosi for calling federal officers in places like Portland “stormtroopers.” It is highly offensive on a myriad of different levels and serves to fuel attacks on federal officers who have suffered significant levels of injuries in the rioting. However, the recent statement from Ken Cuccinelli, acting deputy secretary of 
U.S. District Judge James Robart issued an order Friday night that blocked a Seattle law prohibiting police from using pepper spray and other anti-riot weapons. While described by the court as “very temporary,” it is also very dubious from a constitutional standpoint. I do not see the authority of a federal judge to stop the City of Seattle from determining what gear and devices may be used by its own officers, particularly in response to the federal government objecting to the state policy. The court in my view does not have the authority to make such a policy decision, even on a “very temporary” basis. Update: 
Growing up in Chicago, the giant Christopher Columbus statue was a well-known feature in Grant Park. It is now gone. Mayor Lori Lightfoot moved to end the violent protests through an act of surrender. She unilaterally