Criminal law, Media, Politics

Trump: Accusers Have Done “Evil” and “Treasonous Things”

It would seem that being cleared of collusion and obstruction allegations might be an opportune moment for Donald Trump to take the high road and declare an intent to move the country past the divisive politics of the last two years. Instead, Trump declared that those people who accused him were responsible for “treasonous things” and said they “will certainly be looked at.” Since I was one of those people who denounced others for alleging treason against Trump, it is disconcerting to now hear Trump himself using the same irresponsible rhetoric. Those peddling unsupported theories of criminality over the last two years were also irresponsible and reckless, but their voicing such views was not treasonous. Trump added that his critics were “evil”

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Bizarre, Criminal law

New York Moves To Ban Subway Sex Offenders . . . After A Second Offense

I am in New York today so this story just seemed to jump out at me. The city, it appears, is taking a stand against people who expose themselves or masturbate on the subway. You will now be banned . . . after your second offense. That is a rather curious approach to this form of sexual offense but it appears that New York is adopting a variation of the “one-free-bite rule” of common law torts when it comes to sexual offenders.

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Congress, Constitutional Law, Criminal law, Politics

Mueller: No Russian Collusion

The summary of the findings of the Special Counsel is out and, as predicted, it has found no Russian collusion. It declined to make a finding on obstruction and left the matter to the Congress and the public. Frankly, the latter finding seems a bit curious. There is a criminal code on the elements of this crime and we did not wait for two years for Meuller to say “meh.” Attorney General Bill Barr and Deputy Attorney General Rod Rosenstein however did look at the evidence and concluded that the evidence does not amount to obstruction.

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Columns, Congress, Criminal law

Absent Any Indictments, Collusion May Be A Delusion

Below is my column in The Hill newspaper on the news that there will be no further indictments issued by Special Counsel Robert Mueller. The fact of no indictments means that Mueller will not indict a single person for collusion or obstruction. He could still indicate that he believes that President Donald Trump committed an offense but cannot be indicted under Justice Department policy. However, whatever crime that may be, the absence of any of indictments would suggest that he would be the only person charged — a curious profile for a prosecution of this kind. Mueller could still find a concerted Russian effort to help Trump, but that is evident from the charges against the Russian hacking and trolling operation.

Here is the column:

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Constitutional Law, Criminal law, International, Society

Singer Complains About The Lack Of Free Speech In Egypt So Egypt Bans Her From Performing

Our close ally, Egypt, is again proving the worst expectations of its authoritarian rule. Singer Sherine Abdel-Wahabdemon commented to an audience in Bahrain that “Here I can say whatever I want. In Egypt, anyone who talks gets imprisoned.” Egypt could object and show that it remains a nation committed to free speech. Instead, it immediately proved her correct by banning her from ever performing in her native country. Egypt is obviously not disturbed by the world knowing that it is opposed to basic civil liberties. It was more concerned that its arbitrary arrests and punishments had not silenced this star and it was intent on showing other Egyptians what would happen if they even acknowledge their lack of free speech. What is truly depressing is that the government of President Abdel-Fattah el-Sissi had the Egypt’s Musicians Union silence a fellow artist, who in turn has begged for forgiveness for acknowledging that free speech no longer exists in Egypt.

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Congress, Criminal law, Media, Politics

HAPPY SPECIAL COUNSEL DAY!

The long-waited release of the report of Special Counsel Robert Mueller to the Attorney General has left many in the Beltway with a dilemma: how does one observe Special Counsel day?  The problem is not just the lack of Special Counsel bunting and decorations, but many still do not know whether this will be a day of celebration or commiseration.  Wishful critics and supporters are wondering what the Special Counsel will bring for them.  After all, a large number of reputations are on the line. Breathless accounts of “bombshells”
 and “smoking guns” of collusion will now be tested as will the common article of faith that all will be put right if you “just wait for Mueller.”

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Columns, Constitutional Law, Criminal law, Media, Politics

The Max Bialystock School of Prosecution: Manafort Charges Flaunt A Disregard For The Constitution
YouTube

Below is my column in The Hill newspaper on the New York charges brought against Paul Manafort. As I have previously written, double jeopardy protections have been watered down by the Supreme Court through the years. However, this is also a matter of state constitutional protections. Regardless of the outcome, there are troubling concerns raised by this filing. Many New Yorkers often see themselves as civil libertarians, but such concerns seem to be dismissed when the target is an unpopular individual like Manafort.

The New York Constitution has a prohibition on double jeopardy, which is further defined under New York’s Criminal Procedure Law 40.20 which states, “A person may not be twice prosecuted for the same offense.” Section 40.30 sweeps broadly to include any case “filed in a court of this state or of any jurisdiction within the United States, and when the action either: (a) Terminates in a conviction upon a plea of guilty; or (b) Proceeds to the trial stage and a jury has been impaneled and sworn or, in the case of a trial by the court without a jury, a witness is sworn.” That would include not just federal counts but those that were subject to both Manafort’s convictions and guilty pleas.

Here is the column:

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Bizarre, Justice, Lawyering, Media, Politics

Kushner in the Crosshairs: New Book Ties Kushner To Comey Firing
U.S. Embassy (Jerusalem)

If President Donald Trump has had a couple of lousy weeks, it is still considerably better than the experience of his son-in-law Jared Kushner. Not only has the media reported (and the White House has not denied) that Trump overruled his security and legal advisers in ordering a clearance for Kushner, but Kushner is the subject of a new book and confirms earlier accounts that he was the mastermind behind the disastrous decision to fire former FBI Director James Comey. What is striking about the account in Vicky Ward’s new book, Kushner, Inc. is how clueless Kushner (and by extension the President) seemed about the likely response to the firing. With every other advisor, including Steve Bannon, warning of the inevitable backlash and disaster, Trump went with Kushner and fired Comey. The result was the Special Counsel appointment. Had Trump let Comey finish the investigation and then fired him, the Russian investigation would have likely ended many months ago.

In addition Kushner has been accused this week of using private or personal email for official business despite years of controversies over such use and his own father-in-law’s campaign on the issue against Hillary Clinton.

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Congress, Justice, Lawyering, Media, Politics

Can The Mueller Report Be Released?

With everyone waiting for the expected news of the submission of the report of Special Counsel Robert Mueller, there remains a remarkably unresolved question of what Attorney General Bill Barr can actually give to Congress. I have previously discussed how giving the report to Congress would require the redaction of a host of information under privacy, classification, and executive privilege rules.  However, the threshold question is what the statute contemplates.  The answer is: not much.

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Free Speech, International, Politics, Religion, Society

British Columnist Criminally Investigated For “Misgendering” In Debate With Transgender Activist

I have been a critic of the alarming criminalizing of speech in Great Britain through hate speech laws.  Such laws create an insatiable appetite for greater and greater speech regulation and create a sense of empowerment among citizens to silence those with whom they disagree.  We have yet another example of how religious and political speech is being rapidly curtailed in Great Britain under expanding speech codes. Carolina Farrow, a Roman Catholic columnist, is now being investigated because, on Twitter, she referred to the biological rather than identified gender of the child of a transgender rights activist. She is accused of referring to Green’s daughter as a boy. For that, the activist, Susie Green, filed a complaint under Malicious Communications Act, which bars offensive, threatening and abusive content online. Police wanted a “taped interview with caution” on possible charges for transphobic conduct on social media. After criticism, Green decided to drop her demand for a criminal investigation but the point is that such references are now treated as criminal matters. The chilling effect on free speech is obvious.

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Politics

Poll: Support For Trump Impeachment Drops Significantly

Despite the unrelenting bad press and worse news for President Donald Trump from the allegations of Michael Cohen to the sentencing of Paul Manafort, a new  SSRS poll has found a sharp drop in support for his impeachment including among Democrats. Overall support for impeachment dropped from 43 percent in December to 36 percent today. This would help explain why Nancy Pelosi is saying that Trump has committed impeachable offenses but impeachment is not part of the Democratic agenda. While I do not see a current basis for impeachment on the public evidence, I disagree with the position of the Democratic leadership. Putting aside the bait-and-switch from the midterm elections, members should feel compelled to seek impeachment if they believe impeachable offenses have been committed regardless of what they think the other house or other members might do in fulfillment of their own constitutional oaths. Notably, while Pelosi does not think the Senate will overturn Trump’s veto over the wall emergency declaration, she still wants to do so in the House.

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Bizarre, Media, Politics

“Husband From Hell”: Trump Launches Twitter Tirade Against Husband Of Kellyanne Conway

I have said it before, but I am again confused this morning after President Donald Trump launched into another self-defeating and unpresidential tirade on Twitter. The target of the tweets is the husband of Kellyanne Conway. (For the record, she is a former student of mine). George Conway has published the criteria used to diagnose Narcissistic Personality Disorder and has suggested that Trump is clearly mentally ill. By attacking Conway, Trump has only magnified the allegations and drawn attention to the NPD criteria. While various White House officials struggled for months to keep Trump from responding directly to George Conway, Trump finally had enough after daily attacks. However, the result is manifestly bad for Trump. As should have been obvious, Conway responded by highlighting his prior allegation of mental illness and tweeted “You. Are. Nuts.”

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Animals, Bizarre, Environment, International

“A Very Nice Lion”: Trophy Hunter Shown In Video Shooting Sleeping Lion

As many of you know, I am no fan of such trophy hunts.  I often hike in remote spots to see bears and other animals in their natural habitat. We have previously followed the controversy over the shooting of “Cecil the Lion” by an American dentist Walter Palmer from Minnesota as well as  subsequent controversies of an Idaho hunter taunting animal advocates and killing giant elephants or giraffes  or famed wolves or mountain goats or hundreds of hippos for trophies. Now, a disgusting videotape has emerged of a trophy hunter shooting a sleeping lion and then celebrating as the lion writhes in pain.

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