Three Phoenix police officers have resigned after a bizarre and disturbing case of abuse. Richard G. Pina, Jason E. McFadden, and Michael J. Carnicle are accused of making a 19-year-old Phoenix man eat marijuana found in his car after a stop — an act that left the man feeling ill. The resignations occurred just before the officers were fired, but there remains a couple of disturbing questions.
Category: Society
Deputy 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.
Continue reading “Public Defender Refuses To Remove “Black Lives Matter” Pin Despite Judicial Order”
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.
I have long been a critic of government bans on lawful products to prevent consumers from making poor health or lifestyle choices, including Michael Bloomberg’s failed effort to ban “Big Gulp” sodas. Now a group of African-American doctors are asking President Obama to ban the sale of menthol-flavored cigarettes because they are too popular with black smokers. We can certainly have a debate over a possible prohibition of tobacco products as inherently dangerous. However, if tobacco use remains lawful to smoke or sell (as I believe it should be), there are serious legal and policy problems with a ban on a product solely because it is too popular with one group.
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.
We recently discussed the dubious research grant on lesbian drinking habits. Now, researchers in Switzerland have used a research grant to establish what would seem the most obvious fact known to most anyone over 10: drinking a single glass of beer can make people more sociable. It turns out that Mackeson Beer was right: “It looks good, it tastes good, and by golly it does you good.”
Continue reading “Swiss Study: People Become More Sociable After A Single Beer”
Clinton lawyers must have been wincing yesterday as former President Bill Clinton sought to defuse the criticism of the Clintons in accepting money from a wide variety of businesses and foreign parties (including dubious donors) with interests before the State Department. Bill Clinton took to the airways to insist that it is perfectly natural for donors to seek favors at the State Department and that he and Hillary trusted government officials to do the right thing in dealing with such requested favors. That is hardly going to help. Even if you dismiss the controversy with an “everyone does it” defense, the problem remains that Hillary Clinton was not some politician but the Secretary of State and the donors were seeking official actions by the United States government. It sounds like an admission that some wanted to “pay and play” but the Clinton left it to others to refuse to play.
There is a bizarre twist to the most recent bombing in New York and the wounding of alleged terrorist Ahmad Rahami. The Rahami family filed a federal lawsuit in April 2011 that claimed that they were being targeted solely due to discrimination against Muslims and profiled by the government. The 11 count lawsuit named the City of Elizabeth, the Elizabeth Police Department, six Elizabeth police officers, chief of police Ronald Simon and police director James Cosgrove. Given the real prejudices that Muslim families face today, there is reason to fear that the situation could become far worse. Donald Trump has called for profiling while Hillary Clinton has called for tougher Visa rules. Notably, a news report indicates that his father actually contacted police two years ago to say that he believed that his son was a terrorist. Thus, the family appears to have rejected his extreme views — precisely the type of tip that the government has sought to generate by working closely with the Muslim community.
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”
In my torts class, we discuss “spite fence” cases where neighbors change structures that are maliciously erected to block sunlight or views. An interesting case has arisen not far from my home in the nearby Del Rey area of Alexandria. Owner-architect Gaver Nichols has objected to garage construction that will block both light and air for Paul and Patrice Linehan’s kitchen’s window — leaving a view much like this one to enjoy. There appears to have been bad blood between the neighbors. What is particularly interesting is that Nichols designed, built and sold the Linehans’ house to them in the mid-1990s.
Continue reading “Alexandria Dispute Raises Question of “Spite Fence” Liability”
In Austria, the parents of an 18-year-old women have been sued by their own daughter for what is usually considered the domain of adoring parents: posting childhood pictures. The woman claims that her parents have made her life miserable by posting 500 images on social media without her consent. However, that suggests that parents are not the owners of such pictures when children are still below the age of majority. For years, I have told my complaining children to save whatever grieves them for another chapter in their eventual book, Daddy Dearest.
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.
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I recently discussed the questions raised over the Justice Department giving the two former aides to Hillary Clinton immunity — and thereby removing any serious threat of prosecution while seeking information on their superiors. As part of that discussion, I posed the question of whether these previously immunized witnesses would defy Congress. That confrontation appears to be brewing after the former State Department IT specialist who set up Hillary Clinton’s private server Bryan Pagliano simply ignored a subpoena to appear this week before the United States House Committee on Oversight and Government Reform. Ironically, I will be testifying this morning on the congressional authority to enforce subpoenas in the House of Representatives. House oversight committee Chairman Jason Chaffetz (right) will now have to decide whether to move to hold Pagliano and other defiant former Clinton aides in contempt for refusing to appear or respond to the Committee.
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.
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