Criminal law

Rittenhouse Friend Reaches Plea Deal For Fine With Prosecutors

Dominick David Black, the friend who bought Kyle Rittenhouse an assault-style rifle when he was only 17, has been facing two felonies in Wisconsin. The hefty charges were clearly meant to force his cooperation in the prosecution of his friend. With Rittenhouse now acquitted, the prosecutors have thrown in the towel and agreed to a fine of $2000 in exchange for dropping the two counts. He pleaded no contest to contributing to the delinquency of a minor, a non-criminal citation.

Continue reading “Rittenhouse Friend Reaches Plea Deal For Fine With Prosecutors” →

Constitutional Law, Politics

Democratic Governor Calls For Criminalizing “Lying” About Election Results

For years, I have lamented how the Democratic party has embraced censorship and the criminalization of speech. I come from a liberal Democratic family in Chicago and the Democratic Party once championed free speech as the defining value of the party. Democratic politicians now lead calls for censorship to silence their opponents and corporate regulations to protect citizens from dangerous choices in reading material. The same concerns were raised this week after Washington Gov. Jay Inslee called for the criminalization of “lies” about election results. Inslee wants to convict people who raise election challenges or allegations. Such a law would threaten political speech and create a chilling effect for those who want to raise such concerns in contested elections.

 

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Bizarre, Politics, Society

The Eight Degrees of Ignorance and Stupidity

By Darren Smith, Weekend Contributor

Our host on numerous occasions makes a strong case in labeling today’s zeitgeist as “The Age of Rage”. It would certainly seem to be so if one focuses on what stereotypically comes out of the news media and political figures we lend our ears to. Yet I would go a step further and suggest the root cause of some of this rage is composed of two elements: power-lust and simple human stupidity.

I believe many people fail to recognize how intertwined is the lust for power and the enabling forces of stupidity. Stupidity can be manipulated to achieve that power. It is said that money is the blood of the powerful. Yet, why spend money when too many can be so easily controlled or recruited for free simply by instead appealing to ignorant or stupid individuals.

Both sadly and obviously however, ignorance and stupidity is not limited to the news or politics, it is manifest in human society generally. The trick is to recognize and extricate it from our lives whenever possible. So in a mostly cynical and possibly comical study of the problem, I propose there are levels and flavors of both ignorance and stupidity and to apply such a study is a first step toward minimizing its damaging potential.

Continue reading “The Eight Degrees of Ignorance and Stupidity” →

Criminal law

Midwest Mugshots: Police Records in Nebraska Yield Arresting Images of 19th Century Criminals

As many of you know, I have a certain fascination with early mugshots, particularly those from the Victorian period. These photos give an insight into life in the 19th Century with striking and often haunting realism. I recently stumbled across a cache of American mugshots from the Nebraska State Historical Society. I wanted to share a few. This picture is Goldie Williams who was arrested for vagrancy on Jan. 29, 1898. Continue reading “Midwest Mugshots: Police Records in Nebraska Yield Arresting Images of 19th Century Criminals” →

Columns, Congress, Constitutional Law, Criminal law, Media, Politics

“Preserve the Narrative”: The Public Rejects the “Insurrection” Claim in New Polling

In the day long events commemorating January 6th, Speaker Nancy Pelosi made a telling statement to her fellow members and the public at large. Pelosi declared “It is essential that we preserve the narrative of January 6th.” Part of that narrative is that this was not a riot but an “insurrection,” an actual “rebellion” against our country. Pelosi’s concern over the viability of that narrative is well-based as shown by a recent CBS News poll. The majority of the public does not believe that this was an “insurrection” despite the mantra-like repetition of members of Congress and the media. The public saw that terrible day unfold a year ago and saw it for what it was: a protest that became a riot. (For full disclosure, I previously worked as a legal analyst for CBS News). Continue reading ““Preserve the Narrative”: The Public Rejects the “Insurrection” Claim in New Polling” →

Columns, Criminal law

Maxwell May Get A Second Trial, But What About the Rest of Epstein’s “Significant Others”?

Below is my column in USA Today on the lingering questions in the Jeffrey Epstein scandal. These questions are likely to grow if the court overturns the conviction of Ghislaine Maxwell due to what appears to be exceptionally serious allegations of juror misconduct.  Maxwell could end up with a second trial while various powerful men appear to have escaped any serious investigation, let alone a trial, on their alleged roles in such abuse.

Here is the column: Continue reading “Maxwell May Get A Second Trial, But What About the Rest of Epstein’s “Significant Others”?” →

Constitutional Law, Criminal law, Media, Politics

What Ever Happened to the Prosecution of Donald Trump for Incitement?

This is the one year anniversary of the disgraceful rioting in the Capitol building. The scenes of that day are seared in the memory of many of us. I publicly condemned Trump’s speech while it was being given and I called for a bipartisan vote of censure over his responsibility in the riots. However, I have long maintained that there was no evidence to support a criminal charge against Trump for incitement. Yet, a year ago, various legal experts declared that Trump should be charged based on his speech and his delay in calling for protesters to leave Capitol Hill. District of Columbia Attorney General Karl Racine announced that he was considering arresting Trump, Donald Trump Jr., Rudy Giuliani and U.S. Rep. Mo Brooks and charging him with incitement.  So, a year later, what ever happened to the prosecution of Donald Trump?

Continue reading “What Ever Happened to the Prosecution of Donald Trump for Incitement?” →

Columns, Constitutional Law, Politics

Destroying a Democracy to Save it: Democrats Call for the Disqualification of Dozens of Republican Members

Below is my column in The Hill on the continued calls to disqualify Republican members of Congress to prevent them from running for reelection. What is maddening is that Democratic groups and commentators are seeking to remove as many as 120 Republicans from the ballots in the name of democracy. It is like burning books in the name of literacy. Yet, on this anniversary of the January 6th riot, members of Congress and Democratic groups want to block voters from reelecting their preferred representatives. Like villages in Vietnam, it appears that some members and activists believe that you have to destroy democracy to save it from itself.

Here is the column:

Continue reading “Destroying a Democracy to Save it: Democrats Call for the Disqualification of Dozens of Republican Members” →

Bizarre, Constitutional Law, Criminal law

Could the Maxwell Conviction Be Thrown Out Over Juror Misconduct?

Ghislaine Maxwell’s conviction has been widely celebrated as bringing some justice to the victims of Jeffrey Epstein. However, that moment may prove fleeting in light of a startling disclosure made by one of the jurors to Reuters this week. A juror identified only by his first two names (“Scotty David”) admitted that he was able to sway fellow jurors by discussing his own experience with abuse. It is not clear if he disclosed that prior abuse on the juror questionnaire as part of the voir dire process. The disclosure could give Maxwell a strong argument for reversal if the prior abuse was not revealed and was then used in the jury room to pursue the jury after it deadlocked in its proceedings. Update: Both defense counsel and the government are now calling for a formal inquiry into the allegations on this juror.

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Academia, Free Speech

Emory Law Journal Accused of Censorship as Law Professors Withdraw Articles In Protest

There is a major controversy brewing over free speech and censorship at Emory Law Journal this month after the student editors refused to publish an essay by San Diego’s Warren Distinguished Professor of Law Larry Alexander.  The publication was a Festschrift (or a publication honoring the work) of Emory Professor Michael Perry. (For full disclosure, Perry was my professor at Northwestern University and I edited a prior article by him on the law review. I have also been published by Emory Law Journal). Alexander was solicited for the publication but the editors later demanded that he make extensive deletions (including an entire section) in his essay on systemic racism because they found his “words hurtful and unnecessarily divisive.” He refused and they removed his essay from the issue. In response, two professors withdrew their essays in protest.

Continue reading “Emory Law Journal Accused of Censorship as Law Professors Withdraw Articles In Protest” →

Columns, Criminal law, Media

“Fake It Till You Make It”: The Holmes Conviction is an Indictment of Business and Media Practices
(DoD photo/Glenn Fawcett)

The conviction of Elizabeth Holmes in 4 out of 11 counts was a measured verdict by the jury which spent weeks combing through the debris from her epic fall. Indeed, as with other high-profile cases in 2021, this jury showed our system at the best in carefully deliberating and reaching balanced conclusions. The jury saw criminal fraud in Holmes’ dealings with investors while rejecting such claims with regard to patients. (It also hung on three counts). The distinction between the investors and patients was nuanced but principled. What the jury did not consider are those who helped Holmes create her elaborate scam. In many ways, the conviction is an indictment of those in business and the media who helped create the massive fraud that was Elizabeth Holmes. Continue reading ““Fake It Till You Make It”: The Holmes Conviction is an Indictment of Business and Media Practices” →

Lawyering, Torts

The “Royal We” Provision: Newly Released Settlement Favors Prince Andrew as One of Epstein’s “Other Defendants”

The civil litigation between Prince Andrew and Virginia Giuffre (née Roberts) just took a “Big Lebowski” turn.

In the movie, there is a scene “The Dude” is pressed on what happened to a million dollars in a suitcase. He insists “We dropped off the damn money…” When the Big Lebowski asks “We?,” the Dude responds “I! The Royal ‘we’!…”

It turns out that the settlement agreement between Giuffre and Epstein contains what Prince Andrew might claim is a “Royal We provision.” In exchange for half a million dollars, the settlement expressly bars Giuffre from suing not just Epstein but “other defendants.” Prince Andrew is arguing effectively that the plural reference includes him. Continue reading “The “Royal We” Provision: Newly Released Settlement Favors Prince Andrew as One of Epstein’s “Other Defendants”” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

Tick, Tick, Tick…: The Supreme Court Readies an Explosive Docket for 2022

Below is my column in the Hill on upcoming year for the Supreme Court. The Court’s docket is likely to put the institution at ground zero of a heated election year. Major decisions on abortion and gun rights are expected by June 2022. Even with Chief Justice John Roberts denouncing attempts at “inappropriate political influence” on the Court, the threats of Court packing and other measures are likely to become even more shrill as these decisions rollout in the new year.

Here is the column: Continue reading “Tick, Tick, Tick…: The Supreme Court Readies an Explosive Docket for 2022” →

Constitutional Law

New York Announces That Scarce Covid-19 Treatments Will Be Prioritized For Non-White Patients

New York may have triggered a new constitutional challenge with its policy to prioritize non-white people in the distribution of certain COVID-19 treatments. There are growing shortages due to a failure of the Biden Administration to anticipate the demand for monoclonal antibody treatment and antiviral pills as well as testing kits. New York’s Department of Health has responded to this shortage with a policy that will make race one of the prioritizing factors in distributing available resources. The policy, in my view, raises serious constitutional concerns over racial preferences in the supply of potentially life-saving treatments. Continue reading “New York Announces That Scarce Covid-19 Treatments Will Be Prioritized For Non-White Patients” →

Columns, Politics

“A Scandal Free Biden Administration”: The Media Celebrates a Year of Free From Political Scandal and Press Scrutiny

With the conclusion of the first year of the Biden Administration, White House Chief of Staff Ron Klain sought to end on a high, or at least higher, note by retweeting a column saying that 2021 was not “all bad.” It was like bragging that a first date told you that the evening could have been worse. However, what really stood out in the column by Albert Hunt was the key rationale: the first year was “scandal free.” Calling 2021 “scandal free” is not merely an example of blinkered commentary, it is an  exercise of willful blindness. This is why magicians often make audience members part of the illusion. Houdini did not actually make his 10,000 pound elephant Jennie disappear. It was there the whole time but the audience did not want to see it. That’s the trick. Continue reading ““A Scandal Free Biden Administration”: The Media Celebrates a Year of Free From Political Scandal and Press Scrutiny” →