Free Speech, International, Politics, Society

China: Coronavirus Is 100 Percent Lethal . . . To Free Speech

While China is being criticized for withholding information, it has confirmed one lethal side effect of the virus: the death of free speech. Chinese professor Xu Zhangrun has been arrested after publishing criticism of President Xi Jinping and the handling of the crisis. He is now cut off from the Internet, banned from social media, and could soon find himself in prison. The government will no doubt argue that he had a pre-existing lethal condition in China: a desire for free speech.

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Columns, Courts, Criminal law, Lawyering, Media, Society

Juror 1261: Was Justice Undone In The Trial Of Roger Stone
Twitter Photo

Below is my column in the Hill newspaper on the controversy surrounding the foreperson on the Stone trial and the discovery of biased public comments made before she was called as a juror. The comments raise very serious questions about not just the inclusion of Tomeka Hart on the jury but the legitimacy of the conviction in light of her participation. Courts are extremely reluctant to set aside verdicts and often deny motions for new trials like the two filed by Stone. However, such disclosures make a mockery of the process — and ultimately the court — if undisclosed bias does not have a remedy for a defendant. No defendant can prove conclusively that such bias made the difference, but no prosecutor can prove that it did not. What remains is a dangerous element of doubt in a criminal trial.

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Free Speech, International

The Death Of Free Speech: Zuckerberg Asks Governments For Instructions On “What Discourse Should Be Allowed”

I have written for years on the effort of European countries to expand their crackdown on free speech globally through restrictions on social media and Internet speech. It appears that Facebook chief executive Mark Zuckerberg has relented in what may prove the death knell for free speech in the West. Zuckerberg seems to relent in asking governments for regulations stipulating what speech will be permitted on Facebook and other platforms. It is the ultimate victory of France, Germany, and England in their continuing attack on free expression though hate speech laws and speech regulation.

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Bizarre, Criminal law

Suspect Charged In The “Murder” Of His Accomplice By A Homeowner

There is a controversial criminal case out of Danville, Illinois this month where Reggie Haywood, 30, has been charged with first-degree murder stemming from a house invasion. The charge is not strange but the underlying facts are. The person “murdered” was the alleged accomplice of Haywood and he was shot not be Haywood but the homeowner.

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Criminal law, International

Meet Sidney Kelly: The Style of the Criminal Element

As many on this blog know, I have a certain (perhaps curious) affinity for old mugshots. The latest is from the New South Wales police department of a wonderfully sinister-looking fellow named Sidney Kelly from June 1, 1924. The police caption reads, “Illicit drug trader. Drives his own motor car, and dresses well. Associates with criminals and prostitutes.”

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Bizarre

RestauRant: Why Dining Out Is No Longer Worth It To Me.

By Darren Smith, Weekend Contributor

It’s taken over fifty years, but I’ve come to the conclusion that the punishment/reward scales have tipped and I am losing my appetite for dining in restaurants. Mostly this is due to what the industry has needed to stay competitive, so I am not here to bash business owners for trying to make a living, it is simply that it is no longer in the interest of my health, budget, and growing intolerance of settling for less.

I wish the industry could do better, but I do not see this ending well.

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Columns, Criminal law, Media, Politics

Bull Meets China Shop: Why The President Tweets Fail Another Causality Test By The Media

Below is my column in The Hill newspaper on the Stone controversy. The column suggested that the Trump tweet before the change in the sentencing memorandum in the Stone case may not have been related, but simply another example of Trump triggering a controversy with an irresponsible and ill-timed tweet. After the column, Trump made the situation even worse by publicly complimenting Attorney General Bill Barr. As I mentioned at the time, the “atta boy” was more damaging than the original criticism. Barr responded correctly by criticizing the President’s continued public comments on pending cases and attacks on federal judges. While the President is clearly undeterred, both the change in the sentencing recommendation and the criticism of the President were well warranted.

Here is the column:

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Bizarre, Media, Politics

Bloomberg’s Big Gulp Running Mate? Campaign Downplays But Does Not Deny Consideration Of Clinton As Vice President

The Drudge Report set off a firestorm on Saturday with a story headlined: “EXCLUSIVE: BLOOMBERG CONSIDERS HILLARY RUNNING MATE.” The story reported that “[s]ources close to Bloomberg campaign tell DRUDGE REPORT that candidate is considering Hillary as running mate, after their polling found the Bloomberg-Clinton combination would be a formidable force….” After a frenzy, the Bloomberg campaign weakly downplayed the story while notably not denying it. The story follows reports of various Clinton allies discussing a way for her to take the nomination in a brokered convention in a panic-driven move to block Bernie Sanders, again, from securing the nomination.

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Military, Politics, Society

Has The Time Come To Name The “Dishonored Dead”?

By Darren Smith, Weekend Contributor

A comparatively small burial plot of the World War I Oise-Aisne American Cemetery in France contains the remains of American military personnel who, following convictions in US Military Courts Martial, remain as nearly anonymous as the numbered markers above them. For nearly seventy-five years after their convictions, their grave markers only reveal one or two digit identification numbers and not the names of those so buried. Though they were convicted of capital crimes, do they deserve the dignity of a proper burial that all of us expect for ourselves?

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Academia, Criminal law

Avenatti Found Guilty In New York Fraud Trial
YouTube Screenshot

Michael Avenatti was convicted this afternoon by a jury of all three charges in the extortion trial related to demands for up to $25 million from Nike. I post this news with a great sense of personal sadness. Michael was one of my students and research assistants. He was an outstanding student and one of the most talented trial attorneys in the country. He now faces two other federal trials and significant jail time.

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Media, Politics, Society

Red Scare: Love Is Never Having To Say You’re Socialist

On this Valentine’s Day, the Democratic establishment is sending out its equivalent of “forget me nots” saying “Love is never having to say you’re Socialist.” Alarm over the surge of Bernie Sanders has turned widespread alarm in Democratic and media circles (sometimes hard to differentiate on some channels) into full-blown panic. With now a double digit lead over Biden in national polls, there is a constant drumbeat in the media against Sanders — the same type of bias that actually pushed many voters toward Trump in 2016.

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

“I Have Been Traduced”: Trump’s Moves Against Impeachment Witnesses Are Neither Unlawful Nor Unprecedented

Below is my column in the Washington Post on the continuing controversy over the actions taken against impeachment witnesses by President Donald Trump. I recently explained that these actions are not, as claiming on CNN, clear criminal acts of witness retaliation. While I was critical of the moves, this column addresses why they are neither unlawful nor unprecedented.

Here is the column:

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Bizarre, Criminal law, Politics

New Hampshire Man Assaults 15-Year-Old Boy At Republican Polling Site
The Windham Police Department said Patrick Bradley, 34, of Windham, was charged with simple assault and disorderly conduct. (Windham Police Department)

We recently discussed how stories of violence on conservatives and Trump supporters often receive limited attention. The common narrative is that President Donald Trump is the source of violent speech and violent acts in society. The inverse does not fit that narrative. The latest such example is found in New Hampshire where Patrick Bradley, 34, is accused of assaulting a 15-year-old Trump supporter and two adults at a polling site. This follows another college attack on conservatives at the University of California at Santa Cruz.

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Criminal law, Media, Military, Religion

Former Trump Chief Of Staff Defends Vindman Over Need To Report Trump’s “Illegal Order”

Former White House Chief of Staff John Kelly has defended Lt. Col. Alexander Vindman’s decision to report President Trump’s call with the Ukrainian president. Kelly referred to the call as an “illegal order” that had to be reported. Most of us support Vindman raising his concerns with the chain of command and hopefully Trump will not attack Kelly for stating his support for Vindman. This is a principled and reasonable view of one of our most respected military officers.

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Bizarre, Criminal law, Lawyering, Media, Politics

“Gotta love it!”: Major Controversy Erupts Over Undisclosed Alleged Bias Of Foreperson In Stone Trial [Updated]
YouTube Screenshot

There is an interesting new controversy developing around the trial of Roger Stone. This one does not focus on the sentencing of Stone but his trial. New information has emerged that the foreperson of the trial has a long history of highly critical postings against President Donald Trump and his administration. Former Memphis City Schools Board President Tomeka Hart recently went public with her support of the prosecutors who resigned from the case. However, there are now questions of why Hart was allowed on the jury, let alone made the foreperson given her highly critical view of Trump and his associates before being called for jury service. Not only has Hart called Trump supporters like Stone racists but she celebrated a protest that projected profanities on the Trump hotel with the words “Gotta Love It.”

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