The Washington Post is reporting that Special Counsel Jack Smith may try to convict former president Donald Trump all the way through the election and up to 11:59 am on January 20th. After the oath, the Justice Department has long maintained that it will not prosecute a sitting president. Continue reading “Post: Jack Smith is Willing to Try Trump Up to Inauguration Day”
The Supreme Court’s decision in Fischer v. United States rejecting the use of obstruction of legal proceedings against January 6th defendants will potentially impact hundreds of cases. For some, it may lead to dismissals or, in the cases with multiple charges, resentencings. One of those cases that will be impacted is the pending prosecution of former president Donald Trump who is facing four charges, including two obstruction counts. However, it is not clear if Special Counsel Jack Smith will yield to the decision or possibly take the dubious path laid out by Justice Ketanji Brown Jackson in her concurrence. Continue reading “Too Clever By Half: Justice Jackson’s Suggested Path Forward for Jack Smith Could Lead to Another Reversal”
Below is my column in the Hill on the Supreme Court decision on Friday in Fischer v. U.S. to reject hundreds of charges in January 6th cases for the obstruction of legal proceedings. For many cases, that will leave relatively minor offenses like trespass or unlawful entry. It is only the latest blow to efforts to portray the riot as a massive conspiracy to overthrow the government. While portrayed by pundits and press in strictly ideological terms, it actually produced an interesting line up with Justice Ketanji Brown Jackson voting with the majority and Justice Amy Coney Barrett voting in dissent.
Here is the column:
The presidential debate last night was chilling to watch as President Joe Biden clearly struggled to retain his focus and, at points, seemed hopelessly confused. The winner was clear: Special Counsel Robert Hur. For months, Democrats in Congress and the media have attacked Hur for his report that the president came across as an “elderly man with a poor memory.” Hur concluded that prosecuting Biden would be difficult because a jury would view him as a sympathetic figure of a man with declining mental capabilities. That was evident last night and the question is whether a man who was too diminished to be a criminal defendant can still be a president for four more years. Continue reading “Robert Hur Emerges as the Clear Winner in the Presidential Debate”
Below is my column in the New York Post on the vicious attacks being directed at Judge Aileen Cannon as she addresses pre-trial motions in the Florida prosecution of former president Donald Trump. The sheer hypocrisy in the media is overwhelming after denouncing any criticism of Judge Juan Merchan in the Manhattan prosecution. For Cannon, it is nothing short of a press pile-on.
Here is the column:
Continue reading “Cannon Fodder: The Media Piles on Federal Judge After Lionizing Manhattan Judge”
Below is my column in The Hill on last week’s cases and the sharp contrast to the handling of the Trump case in Manhattan. Two of these cases hold particular resonance with some of us who criticized Bragg’s prosecution.
Here is the column: Continue reading “The Land that Law Forgot: The Supreme Court and the New York Legal Wasteland”
For months, I have been expressing disbelief that Hunter Biden and his defense team were going to take the gun case to trial. Even on the eve of the trial, I thought that the defense might snap into sanity and plead out the case. The reason was simple. A guilty plea would have materially improved the chances that Hunter could get probation and avoid jail by accepting responsibility. Conversely, a trial in a case with overwhelming evidence of guilt would make it less likely that a judge would depart from the guidelines at sentencing. Nevertheless, Hunter went forward with a nullification strategy and, in so doing, it may have nullified his best chance to reduce the risk of jail time. Continue reading “Did the Defense Make Prison More Likely for Hunter Under the Sentencing Guidelines?”
Below is my column in the New York Post on the conviction of Hunter Biden in Delaware and how his nullification strategy may have backfired. As discussed below, empathy can turn into insult when jurors are given patently implausible theories by the defense. Hunter finally found a group of people who were unwilling to see him as immune from responsibility for his conduct. Hunter literally came up a donut short of a defense in Wilmington.
Here is the column: Continue reading “Hunter Comes Up A Donut Short of a Defense in Delaware”
For years, some of us have asked why the Capitol was so poorly prepared for the January 6th riot. As part of the coverage on that day, I remarked at the start of the protests that I had never seen the Capitol so thinly protected for a major demonstration. Some paths to the Capitol were protected by a handful of bicycle officers and thin barriers. Now, a previously-unreleased video taken on Jan. 6, 2021 shows then-Speaker Nancy Pelosi, D-Calif., admitting that she was responsible for the lack of preparedness. Continue reading ““I Take Responsibility”: Pelosi Admits Fault for the Lack of Security Precautions on January 6th”
This weekend, the Hunter Biden team is reportedly debating whether to have him take the stand on Monday, a move rife with risk. Most criminal defendants avoid such appearances given the potential damage of a withering cross examination. Those risks were evident in the recent testimony of Hunter’s daughter, Naomi, which backfired badly on key points. Continue reading “Will Hunter Take the Stand? He May Want to Think Twice Before Checking That Box”
Below is my column in Fox.com on the authentication of Hunter Biden’s laptop in the Delaware trial. The government has denounced the Russian disinformation claims as a “conspiracy theory” and put on evidence that there is no evidence of tampering with the laptop. The FBI declared the laptop to be “real” and “authentic” and the court agreed. It was introduced as evidence before many reporters who previously embraced the debunked “conspiracy theory.” As discussed below, Houdini’s elephant was just revealed on stage and most of the audience looked away.
Here is the column: Continue reading “Laptop Deniers in Delaware: The Media Shrugs as the Biden Laptop is Authenticated in Federal Court”
“Conscience doth make cowards of us all.” Those words from Hamlet captured the moral dilemma for many of us as we face the costs of conscience.
For each of us, there often comes a moment when our principles are put to an undeniable and unavoidable test. It may be as simple as cheating on a test, shoplifting a product, or admitting to a wrong. It is natural to want to avoid such moments, particularly when we cannot even admit to ourselves that we may not be the person we have long claimed to be. Continue reading “Garland’s Moment of Truth: With the Perjury Referral, the Attorney General Faces a Clear Choice Between Principle and Politics”
Below is my column in The Hill on the start of the Hunter Biden trial and the elements of a classic jury nullification strategy by the defense. It is not clear that it will work in an otherwise open-and-shut case, but it might. What is clear is that it may be all that Biden has short of the Rapture.
Here is the column: Continue reading “Is Hunter Biden Pursuing a Jury Nullification Strategy?”
