In torts, there is a doctrine called the “egg shell thin skull rule” where a defendant can be sued for the full damages of a tort even though the victim was especially susceptible to injury. It is the concept that “you take your victim as you find him.” Blaine Manalle, 20, is now personally familiar with the criminal counterpart to that rule. She is facing a second-degree murder charge after allegedly hitting Jeffery Howell in the head. Howell just had brain surgery and the blow fell on the still healing surgery incision behind his ear.
Rachel Camille Calhoun, 24, in Forestdale, Alabama allegedly had a novel way to to rob the Regions Bank in Forestdale. Police say that she gave the bank manager a stark choice: Given her $6,000 and accept sex in return or she would accuse him of sexual assault. He opted for the third option and called police.
Democrats and media figures continue to struggle with the truth of the abuses of former President Bill Clinton who has been accused by multiple women of everything from sexual harassment to rape. Dozens of reporters have interviewed Clinton without seriousness questioning him on these past allegations until recently. Even after a year of “MeToo” stories, only this month did an interviewer risk the ire of Clinton supporters to press the former president. Clinton became immediately condescending and dismissive. The continued muted response to Clinton’s past is evident after a rather shocking claim in a new interview with PBS NewsHour where Clinton explained that “what you can do to someone against their will” has simply changed. Continue reading “Clinton: Standards Have Changed Over “What You Can Do To Someone Against Their Will””
We have been discussing the growing number of idiots who are leaving graffiti and destroying national and state parks (here and here and here and here and here). Now some teenager has defaced the incredible Colorado National Monument with juvenile graffiti meant to convince a girl to go to the prom. The stunt could cost the culprit six months in jail. Indeed, until judges hand down some serious jail time, people like this will continue to deface our national parks. Continue reading “High-School Student Defaces the Colorado National Monument With Graffiti”
People around the world are outraged this week by a photos of Prince George playing with a toy gun. The four-year-old was simply outside with a plastic gun in play with his sister Princess Charlotte and friends. However, many people were appalled by the pseudo-violent scene. I have written about the desire of children, particularly boys, to play with toy weapons (here and here). I faced the same type of anger for my columns on why I let my children play with such toys as well as other fantasy items. (Two are shown above from one of my columns). Continue reading “Royal Mess: People Are Up In Arms After Prince George Is Shown Playing With Toy Gun”
There is an interesting new story about a bizarre practice by President Donald Trump who reportedly rips up material given to him despite the duty to preserve the documents under the Presidential Records Act. Two staffers have recounted how they were required to spend considerable time taping the documents back together to stay in compliance with the PRA. They reportedly complained about the duty for people making $60,000 a year. They were suddenly fired. This Humpy Dumpty duty raises some serious questions of federal violations. Continue reading “Humpy Dumpty Duty: Trump Regularly Rips Up Documents, Requiring Staff To Tape Them Back Together To Comply With Federal Law”
Below is my column in The Hill newspaper on the implications of the indictment of James Wolfe for lying to federal investigators. I have very serious concerns over the targeting of a journalist for surveillance in this case, particularly because there seems ample alternatives to the intrusion into confidential communications of a reporter. However, the most obvious threat may be to Andrew McCabe who is still awaiting word on whether he will be criminally charged and recently sought immunity from Congress. Continue reading “The Wolfe Indictment: Is Andrew McCabe Next In Line For Prosecution?”
Constance Koulmey has been awarded over $100,000 after she was hit by a bowl of pasta thrown by lawyer James Sweeney. She alleged that she received a head injury from the bowl that Sweeney threw at another restaurant customer. That left an al dente on her head that was enough for the Waterbury, Connecticut jury to find in favor of her battery claim.
West Point graduate and Army infantry officer Spenser Rapone has been drummed out of the military after receiving an “other than honorable discharge” from the military. He caused a stir with a posted photo of his West Point cap with the words “Communism will win” written inside. He also displayed a Che Guevara T-shirt underneath his uniform jacket. Rapone is clearly a dedicated socialist, but the action raises the issue of whether being a communist or socialist is disqualifying. His removal is widely tied to a letter sent by Sen. Marco Rubio (R., Fl.). Rapone is scheduled to be a featured speaker at the conference “Socialism 2018” in Chicago this year.
Continue reading “Controversial Socialist Army Officer Given “Other Than Honorable” Discharge”
The State Department was eager to brush over miffed feelings connected to the G-7 meeting, particularly with Germany. Perhaps a bit too eager. State Department spokeswoman Heather Nauert was striving to list examples of our close historical relationship and included the D-Day invasion. It is true that that was a key moment in our “relationship” but it was hardly a positive one.
This week, the political and journalistic world was rocked by the news that columnist Charles Krauthammer had only weeks to live. The news came from Charles himself in a characteristically elegant and simple goodbye. I have been personally devastated by the news. I have known Charles for many years and there are few people who I respect more. He is truly one of the most brilliant and interesting individuals I have ever known.
A diehard Nationals fan, Charles and I would watch games together when my Cubs played his Nats. It was a running competition between us as our teams competed each year. Sitting with Charles at a game was one of my great pleasures. Every conversation (no matter the subject) with Charles had a profound and honest character. We would talk about our Dads, kids, politics, and most importantly baseball.
I will not say more at this time because I am still trying to get my mind right with the news. This town without Charles would simply not be the same place for me.
I wanted to share his letter with you in case you have not seen it. It is true and honest and direct . . . just like my friend Charles Krauthammer:
I have been uncharacteristically silent these past ten months. I had thought that silence would soon be coming to an end, but I’m afraid I must tell you now that fate has decided on a different course for me.In August of last year, I underwent surgery to remove a cancerous tumor in my abdomen. That operation was thought to have been a success, but it caused a cascade of secondary complications – which I have been fighting in hospital ever since. It was along and hard fight with many setbacks, but I was steadily, if slowly, overcoming each obstacle along the way and gradually making my way back to health.However, recent tests have revealed that the cancer has returned. There was no sign of it as recently as a month ago, which means it is aggressive and spreading rapidly. My doctors tell me their best estimate is that I have only a few weeks left to live. This is the final verdict. My fight is over.I wish to thank my doctors and caregivers, whose efforts have been magnificent. My dear friends, who have given me a lifetime of memories and whose support has sustained me through these difficult months. And all of my partners at The WashingtonPost, Fox News, and Crown Publishing.Lastly, I thank my colleagues, my readers, and my viewers, who have made my career possible and given consequence to my life’s work. I believe that the pursuit of truth and right ideas through honest debate and rigorous argument is a noble undertaking. I am grateful to have played a small role in the conversations that have helped guide this extraordinary nation’s destiny.I leave this life with no regrets. It was a wonderful life — full and complete with the great loves and great endeavors that make it worth living. I am sad to leave, but I leave with the knowledge that I lived the life that I intended.
There is a tragic case out of Panama City Beach, Florida where two dogs died in the case of Jason Matthew Reece, 39. Reece however did not return to his van because police arrested him for disorderly conduct. While Reece still allegedly left the dogs in the van to go drinking, it would raise an interesting defense that the police contributed to the tragedy by taking him directly to jail. It is not clear whether he informed the police of the animals.
There has been continued controversy over the penchant of President Donald Trump to pardon celebrities or political figures or, most recently, a woman who was championed by Kim Kardashian. Today Trump announced that he is considering a pardon for the late boxing sensation Muhammad Ali — not long after he granted a posthumous pardon to boxing legend Jack Johnson (who was advocated for by celebrity Sylvester Stallone). This case however raises the added curiosity that Ali’s conviction was overturned by the Supreme Court in Clay v. United States, 403 U.S. 698 (1971)(when Ali was still under his birth name of Cassius Clay). Obviously, there is no conviction to pardon or commute in this case. In addition to the overturning of the conviction, draft dodgers were given amnesty previously by both Ford and Carter. Continue reading “A Pardon For Muhammad Ali Is Neither Needed Nor Warranted”
Rudy Giuliani has often strayed far beyond his brief as a lawyer representing the President in the Russian investigation. These include controversial comments about Korean nuclear negotiations where he was criticized widely in falsely predicting an imminent change. Most recently, while in Israel, Giuliani told the world that Kim Jong-un “got back on his hands and knees and begged” for the United States to revive the Singapore summit. Now, Giuliani is not being contradicted by a foreign leader but the first lady. Giuliani, also during the Israeli trip, declared on the Stormy Daniels scandal that the First Lady “believes her husband, and she knows it’s untrue.” That led to the rare push back from the First Lady’s office from her spokesperson and East Wing communications director Stephanie Grisham that “I don’t believe Mrs. Trump has ever discussed her thoughts on anything with Mr. Giuliani.” In Washington talk, that is a take down. The First Lady rarely issues statements and this statement would never be released absent her consent.
This has been quite a trip of Giuliani in tripping wires and causing controversies. He also attacked Daniels as beyond belief as someone who “sells her body for sexual exploitation.” At least those comments were tangentially related to his brief for the president. The comments on high-level diplomatic matters or the relations between the first couple are well beyond what most lawyers would feel comfortable discussing in public. My concern is that it shows a continued lack of message discipline and focus on the legal team. In this case, that lack of discipline led to a countervailing statement of the First Lady’s spokesperson. In other words, it made the record worse for his client.
There is an interesting lawsuit in Long Island where Michael Feinberg is suing CVS pharmacy after it revealed to his wife that he was regularly using Viagra. He had arranged to pay for the prescription rather than go through his insurance. Continue reading “Long Island Man Sues CVS For Disclosing His Viagra Prescription . . . To This Wife”