The resignation of Missouri Gov. Eric Greitens is little surprise given the myriad of criminal charges brought against him for sexual misconduct and campaign violations. This resignation comes after St. Louis Circuit Attorney Kim Gardner dismissed a felony charge accusing Greitens for allegedly tampering with computer data involving the donor list of a veterans’ charity he founded. What stood out in the agreement with Gardner was a condition that I have always found problematic and should be barred under state law: a promise not to sue Gardner or her office. Greitens offered to resign as a condition for the settlement. Continue reading “Missouri Prosecutors Condition Dropping Of Charges Against Greitens On His Promising Not To Sue Them”
Category: Politics
Below is my column in the Hill newspaper on the decision to investigate the alleged informant targeting Trump associations and the criticism from former Acting Attorney General Sally Yates. As noted below, I believe that Deputy Attorney General Rod Rosenstein did the right thing in referring this issue to the Inspector General for investigation. That does not mean that a finding of wrongdoing is likely. To the contrary, my expectation is that the use of the informant will be viewed as appropriate absent additional unknown facts. However, as this piece discusses, there is a strong public interest in resolving this question either way.
Here is the column:
Continue reading “The Third Option: Rather Than Pick Sides, The Public Can Pick The Truth”
George Washington University is embroiled in a federal challenge against its handling of a case by one of our students accused of sexual assault. The case raises troubling questions of the school’s actions following the disclosure of alleged false statements by an accuser. Many years ago, I wrote a letter to the GW faculty objecting to changes in our rules governing the investigation and adjudication of sexual harassment and assault cases. Like many universities during the Obama Administration, GW was reducing protections for students accused of such misconduct under pressure from the Department of Education (here and here), Now, a “John Doe” has raised some of those very concerns in the alleged refusal of the school to allow an appeal in his case following the discovery of potentially exculpatory evidence. Continue reading “GWU Sued For Refusing Appeal In Sexual Assault Case Despite Allegations of False Testimony”
It is a familiar pattern. It has happened before. Around 10am on Memorial Day, my iPhone can be vibrating with email signals as I was driving one of my children and her friends. Soon they were coming in fast succession and then I knew: The President has tweeted out a quote. The two tweets were followed by a torrent of threats, insults, and profane suggestions involving physical acts that would have been challenging in my teens. In today’s rage-filled environment, the mere fact that Trump quotes you unleashes a tsunami of anger. It seems cathartic for people who cannot tolerate the slightest hint of agreement with Trump. The same is often true on the opposite end of the political spectrum if you challenge or question a position of Trump.
What is interesting is that people who seek out your email almost uniformly do not take the time to actually read your comments. Yet, what is most disturbing is not the endless cranks but the coverage by news sites that show the same lack of interest in the actual comments or even the tweets themselves.
Below is my column in The Hill newspaper on the calls for a constitutional challenge to the new NFL policy against protests during the National Anthem. While many have claimed that the policy violates free speech rights of the players, there is actually little support for such a challenge under constitutional law. The best shot might be procedural in nature in arguing that the collective bargaining agreement requires conferral on such rules with the players. Putting aside the strong defenses to this claim, it would likely only require consultation and not a change in the ultimate policy.
Here is the column: Continue reading “No, NFL Players Do Not Have A Constitutional Right To Protest During The National Anthem”
Trump lead counsel Rudolph W. Giuliani continues to struggle in media appearances this weekend with a jumbled and confusing interview. Notably, while expressing his dislike for those who sell access, Giuliani was clear on one point: he likes and respects Michael Cohen. The continued public support for Cohen may reflect a desire to keep him from becoming a cooperating witness, but the professions of respect for Cohen are becoming increasingly incongruous with disclosures of how Cohen shamelessly (and successfully) sought to sell access to Trump to foreign figures and various companies like AT&T. The latest example is a payment of $580,000 from a company associated with Russian oligarch Viktor Vekselberg. Cohen met with Vekselberg at Trump Tower during the transition period.
Well, this explains it. Religious author Paul McGuire appeared on the Jim Bakker Show to claim that President Donald Trump is being pursued by a “Luciferian rulership system” set on his destruction and all of mankind. It turns out it is not Robert Mueller but “advanced beings” with “supernatural multidimensional” powers. And I thought his greatest threat came from beings with subpoena powers. Continue reading “Religious Writer: Trump Is Being Undermined By “Luciferian” Beings With “Supernatural Multidimensional” Powers”
A new article out in Politico explores the disastrous decision of Squire Patton Boggs to bring in Michael Cohen in a blatant scheme to sell access to the President. Edward Newberry, one of the top lobbyists for Squire Patton Boggs, is described as one of the critical players in taking on a lawyer who was already viewed as one of the sleaziest and unethical lawyers in the country. Indeed, the article describes how some members of the struggling firm noted that he could well end up as the next Jack Abramoff, who went to jail for a long pattern of grotesque corruption. What was most interesting however about Theordoric Meyer’s piece however was the defense by the firm spokesperson, Angelo Kakolyris, in the article on the five clients that Cohen brought the firm under his bloated deal: “they are almost all legal clients.” “Almost all”? In reality, Kakolyris was making a finer point, I assume, that the small number of clients were legal not lobbying matters. However, it is an unfortunate choice of words for dealings with a man who seems to be spinning off criminal allegations the way hurricanes spin off tornados.
Emmet Flood, the latest lawyer added to the White House as part of its defense to the Russian investigation, was meant to bring experience and order to the chaotic legal team around President Donald Trump. However, his first public move can only be described as a blunder of the first order. Flood went to yesterday’s much discussed briefing to speak with members of Congress. Two highly classified briefings were scheduled to discuss the use of informants by the FBI in its investigation of Trump campaign associates. It was precisely the type of thoughtless act that has baffled many of us for months. Little would be achieved by Flood briefly addressing the members but, in appearing, Flood undermined the integrity and stated purpose of the meeting. He created the impression that the briefing was first and foremost about the defense of the President personally. In doing so, he undermined the entire exercise with virtually nothing to gain from his attending the meeting. None of this was criminal or unethical. The concern is that it shows a continued failure to mind critical lines of separation as well as a dumbfounding lack of judgment.
Addison Barnes, 18, is suing his school, Liberty High School in Hillsboro, for violating his free speech rights under the First Amendment. Barnes had simply worn a t-shirt reading “Donald J. Trump Construction Co. . . .The wall just got 10 feet taller.” He was suspended for refusing to cover up the message. It is clearly a political statement that some would object to. However, high school students are encouraged to become involved in the political system and nothing on the shirt is profane or racist or vulgar. If this t-shirt is offensive and barred, wouldn’t any political or religious or social cause be equally subject to such action? The question answers itself and the implications are troubling.
Continue reading “Oregon High School Student Suspended For Wearing Pro-Trump T-Shirt”
There is an old joke among criminal defense attorneys that “justice delayed is justice,” a twist of the old adage that “justice delayed is justice denied.” The joke reflects that fact that the defense almost always benefits from the passage of time and it is the prosecution that often pushes for earlier trial debates to deny the defense enough time to absorb and address evidence. That is not the case with Special Counsel Robert Mueller who has asked federal Judge Dabney L. Friedrich to deny a speedy trial motion and delay any trial of 13 Russians and three Russian companies for efforts to influence the 2016 election. The effort reflects problems in Mueller’s matinee case, including the allegation that he has charged a company that did not exist at the time of the alleged offenses.
Continue reading “Justice Delayed Is Justice: Mueller Fights To Delay Russian Collusion Trial”
Below is my column in The Hill newspaper on the key questions that need to be answered in relation to controversial role of Cambridge Professor Stefan Halper. Called the Walrus, Halper has not given even a “Goo goo g’joob” to media on the details of his past role with the FBI.
Here is the column: Continue reading “I Am The Walrus: Three Key Questions In The Investigation Of The Role Of Cambridge Professor Stefan Halper”
Multiple defendant cases often resemble a lethal form of musical chairs as targets grab deals — leaving the loser still standing to face a full array of charges and cooperating witnesses. Trump former counsel Michael D. Cohen must be feeling like the music is about to stop after his close business associate Evgeny A. Freidman decided to take a deal from prosecutors. Freidman may be the only figure who could compete with Cohen on the higher Richter scale of sleaze. Update: Cohen denies that Freidman was ever this “partner” but does not address prior associations.
Continue reading “Cohen Business Associate Flips and Agrees To Cooperate With Prosecutors [Updated]”
Below is my column in the Washington Post on the statement by lead Trump lawyer Rudy Giuliani that Special Counsel Robert Mueller had assured the Trump team that he would not seek an indictment against Trump while in office. As I have previously written, I do not agree with those who maintain that a sitting president cannot be indicted. However, what is most striking is how many assume that it is better for the President to face an impeachment (which is part of a political process) than an indictment. For a criminal defense standpoint, the opposite may be true. Indeed, the best possible scenario for Mueller would be to have an impeachment before an indictment. None of this means that there is a strong case for either impeachment or indictment, but the sequencing laid out by Giuliani is no favor to Trump.
Here is the column: Continue reading “The Law Of Unintended Consequences: Mueller’s Promise Not To Indict Trump In Office Is No Favor”
Below is my column in the Hill newspaper on the release of the transcripts from the investigation into the infamous Trump Tower meeting. The testimony of key players is consistent with a reckless effort to get dirt of Hillary Clinton but, if anything, it undermines claims of collusion or conspiracy with the Russians. The answer may lie in the writings of 13th Century English Franciscan friar William of Ockham.
Here is the column: Continue reading “Ockham’s Razor And The Trump Tower Transcripts”