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

The Senate Should Focus On What The Flynn Transcripts Do Not Contain . . . Starting With A Crime

440px-Michael_T_FlynnBelow is my column in The Hill newspaper on the new disclosures in the prosecution of former National Security Adviser Michael Flynn.  Yesterday, the attorney hired by Judge Emmet Sullivan responded on his behalf to defend his controversial orders in the case to invite third parties to argue the merits of the motion to dismiss as well as raising his option to substitute his own criminal charge of perjury against Flynn.  The Justice Department responded with a 45-page filing to a three-judge appeals court panel.

The attention will now focus on the appearance tomorrow of former Deputy Attorney General Rod Rosenstein in the Senate.  For me, the most pertinent question is why this investigation continued past December and seemed to become to a search for a crime rather than the investigation of any crime or collusion with Russia.

Here is the column: Continue reading “The Senate Should Focus On What The Flynn Transcripts Do Not Contain . . . Starting With A Crime” →

Criminal law, Politics, Society

The Trump Administration May Have Its First Domestic Terrorism Case

download-1We have been discussed the arrests associated with two attacks on New York police officers using Molotov cocktails.  However, two radical young lawyers may have handed the Trump Administration the perfect case to frame as domestic terrorism in the wake of the controversy over President Donald Trump declaring that he would designate Antifa a terrorist organization.  I criticized such a designation as legally unfounded and constitutionally dangerous. However, as we discussed yesterday, Colinford Mattis, 32, and Urooj Rahman, 31, may have supplied an alternative avenue in using ample federal laws to prosecute attacks as domestic terrorism without the need of any formal designation.  The two defendants are expected to be released on bail today.

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Free Speech, International, Media, Politics, Society

Three British Teenagers Arrested For Mocking Floyd Death

England flagI have written for years on the crackdown on free speech in France, Germany, and England though hate speech laws and speech regulations. As many on this blog know, I am unabashedly against limits on free speech and have opposed most public and private forms of censorship for decades.  This often means that, like everyone in the free speech community, I find myself opposing actions against some of the most obnoxious, juvenile, or hateful people in our society.  That is the case with this story.  Three British teenagers have been arrested for a Snapchat video mocking the death of George Floyd.  It was a deeply offensive and stupid act, but the question remains whether society is criminalizing a wider and wider scope of speech.

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Bizarre, Criminal law, Free Speech, Politics, Society

Minnesota City Council Member Declares Support For Antifa

Antifa_The_Anti-Fascist_HandbookWhile many have condemned Antifa and similar groups for destroying Minneapolis and other cities, Minneapolis city council member for Ward 5 (and son of the Minnesota Attorney General Keith Ellison) Jeremiah Ellison tweeted Sunday that he is not among them. Indeed, he is declaring his support for Antifa.  Some of us have long opposed Antifa as a vehemently anti-free speech group.  Ellison does not seem to include free speech among his priorities for voters in Ward 5.  While most Democratic members have correctly condemned Antifa attacks, Ellison is one of those who continue to support the controversial group.

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Columns, Congress, Constitutional Law, Free Speech, Media, Politics, Society

Little Brother Or Big Brother: The Public Applauds As Free Speech Dies On The Internet

166px-Ad_apple_1984_2Below is my column in USA Today on the fight between Trump and Twitter. As discussed below, this is a fight not for free speech but who will control free speech. Democrats want speech controls through private companies while the Administration wants speech controls through government agencies.  The choice is between Little Brother and Big Brother.

Here is the column:

Continue reading “Little Brother Or Big Brother: The Public Applauds As Free Speech Dies On The Internet” →

Criminal law, Lawyering

Two New York Attorneys Arrested For Throwing Molotov Cocktail At Police [Updated]

downloadYesterday we discussed the four arrests associated with two attacks on New York police officers using Molotov cocktails.  It is now being reported that one of the defendants arrested, Colinford Mattis, 32, is a furloughed Pryor Cashman associate.  Mattis is a graduate of New York University and Princeton University. He was reportedly arrested with a second attorney in the attack.  Mattis is accused of driving a van and passenger Urooj Rahman, 31, threw a Molotov cocktail. Rahman is reportedly a human rights lawyer but also recently lost her job. Update: The FBI now says that the two defendants sought to pass out Molotov cocktails.

Continue reading “Two New York Attorneys Arrested For Throwing Molotov Cocktail At Police [Updated]” →

Columns, Congress, Constitutional Law, Media, Politics

“Get The Facts”: How Twitter Is Making The Case Against Itself and Free Speech

Freedom_of_SpeechBelow is my column on the Twitter controversy and censorship of social media.  President Donald Trump has continued to tweet on cracking down on the riots as well as controversy over his tweets on Twitter.  Like former Vice President Joe Biden, he is now calling for the outright elimination of Section 230 of the federal Communications Decency Act.  While supported by many liberal members and commentators, Twitter continues to build a case against itself — and ultimately free speech on the Internet.

Here is the column:

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Criminal law, Society

Can A Divorce Shield The Assets Of Derek Chauvin From Civil Lawsuits? Not Necessarily.

200529-derek-chauvin-mug-inline-ac-947p_8d9dd7099ef74c31fea0f3779d824fb9.fit-720wKellie Chauvin, the wife of former Minneapolis police officer Derek Chauvin, has announced that she is filing for divorce after 10 years of marriage.  In her statement, she expresses sympathy for the family of George Floyd.  There is no evidence that this is a tactic to shield assets from the inevitable civil lawsuit against the estate of Chauvin.  However, it is a question that often comes up with clients that I dealt with on both civil and criminal cases.  When faced with potential of civil liability, some clients raise the possibility of shielding their assets by transferring them or seeking a divorce.  Such maneuvers often do not work for a variety of legal and practical reasons.

Continue reading “Can A Divorce Shield The Assets Of Derek Chauvin From Civil Lawsuits? Not Necessarily.” →

Criminal law

The Shader Sisters: Two Women Arrested After Molotov Cocktail Is Thrown Into Van With Four Officers [Updated]

Two sisters have been arrested after a Molotov cocktail was thrown into a NYPD van with four officers inside. Samantha Shader, 27, of Catskill, NY, is charged with throwing the incendiary device, which did not explode.  Her sister, Darian, 21, (left) then allegedly tried to stop the arrest of Samantha Shader.  The police have hit Samantha Shader with a slew of major charges including attempted murder of a police officer, attempted arson, assault on a police officer, criminal possession of a weapon and reckless endangerment.  Her sister faces charges of resisting arrest and obstruction of governmental administration. (The Daily Mail has released these pictures from social media allegedly showing the two sisters).  Update: Media is reporting that Shader admitted to her attack on the police.  The police have released a picture of Shader throwing the Molotov cocktail.

Continue reading “The Shader Sisters: Two Women Arrested After Molotov Cocktail Is Thrown Into Van With Four Officers [Updated]” →

Bizarre, Politics, Society

“It’s Not The Same Group”: Minnesota Attorney General Under Fire Distinction Between The National Guard And Police

Screen Shot 2020-05-31 at 7.05.37 AMMinnesota Attorney General Keith Ellison is facing criticism for a curious distinction that he drew in a message to protesters about how they should treat the national guard versus the police.  Ellison has been in a difficult spot over the rioting following the death of George Floyd in an arrest by the Minneapolis Police Department.  I thought he did well in a recent interview in resisting pressure to declare the officers clearly guilty and cautioned that everyone should allow the system to work in the bringing of any criminal charges.  On this occasion, however, he seemed to throw the police, including state police and other assisting jurisdictions, under the bus.

Continue reading ““It’s Not The Same Group”: Minnesota Attorney General Under Fire Distinction Between The National Guard And Police” →

Academia, Criminal law

Professor: “Looting Is An Expression Of Power”

Screen Shot 2020-05-30 at 9.16.04 AM

Michael Smerconish had an interesting discussion today with Professor Cliffort Scott, Professor of Social Psychology at Keele University.  Scott believes that rioting should not be portrayed as random and without meaning.  I think that is true. There are deeper causes that should be considered when considering violent dimensions to some protests. While I find Professor Scott’s work on protests and “hooliganism” quite interesting, I do not agree with his assertion on the program that “looting is an expression of power.” It is more often a means of acquisition not expression (unless they are expressing their desire for a Nintendo Switch). In other words, it is a crime act that arises in a myriad of public emergencies that offer an opportunity to steal with less risk of detection or arrest.

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Bizarre, Politics

Bigfoot Endorses President Trump

By Darren Smith, Weekend Contributor

It seems the Trump 2020 campaign has successfully taken the cryptozoological demographic as evidenced by at least one prominent display in rural Washington State: “Bigfoot ‘Luvs’ Trump”.

The significance of this announcement cannot be understated, for it shows how even the most disaffected, and disinterested citizen of this state literally “came out of nowhere” and made it plainly clear that he was dissatisfied with the situation in the woods of Western Washington.

This dramatic shift should be a wake-up call for President Trump’s opponents in the race for the White House.

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Environment, Free Speech

Weekend Photos: Fond of the Lake

By Darren Smith, Weekend Contributor

Having seen the weather outside to be both glorious and inviting, I suddenly realized it was necessary for me to engage once again in “essential travel necessary to maintain critical infrastructure within the state’s economy”. So I hitched up the boat and took it to a scenic lake.

Once on the pond, I realized I should have brought my fishing pole as in some areas near shore the fish were occasionally jumping out of the water–just begging to be caught and eaten for dinner. Sadly I couldn’t accommodate their aspirations. Nevertheless the water was surprisingly warm and the air was filled with a pleasant waft of the forest and something that was blooming. A couple bald eagles circled in the distance, keeping their watch. I do not speak “Eagle” so I could not introduce him to the fish I saw earlier.

Still, it was as it always is, enjoyable to be away from it all, and snap a few shots.

Click each to enlarge

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Constitutional Law, Politics, Religion, Supreme Court

Supreme Court Rules 5-4 To Uphold Pandemic Orders Limiting Church Services

SCOTUS Early on in the pandemic, I wrote about how governors can shutdown churches under the Constitution.  On Friday, the Supreme Court voted 5-4 to reject an emergency appeal from a California church over the imposition of limits on the size of attendance at services.  The church came close to prevailing. Chief Justice John Roberts joined his liberal colleagues in upholding what he said were limits that “appear consistent” with the First Amendment. The cost ruling is an indication of how courts are applying closer scrutiny to the treatment of churches as opposed to other institutions allowed to have greater numbers of people.

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Bizarre, Constitutional Law, Media, Politics

Twitter Hits Trump With New Warning Over Tweet “Glorifying Violence”

Twitter LogoLate last night, Twitter doubled down on its controversial labeling of tweets from President Donald Trump to flag what it views as misleading or offensive material.  Yesterday, I wrote a column on Twitter’s policy and a second column on President Trump’s response with an executive order. I have strongly opposed Twitter’s policy on censoring and labeling material, including the decision to correct a tweet from the President on the political debate over main-in voting. Undeterred, Twitter has issued a new warning that a tweet from the President on the rioting in Minneapolis was a violation of its rule for “glorifying violence.” Twitter is now making the case for government action to monitor and control social media.  The loser will ultimately be free speech.

Continue reading “Twitter Hits Trump With New Warning Over Tweet “Glorifying Violence”” →