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?”
Below is my column in the Hill on the most compelling grounds for an appeal in the Trump case after his conviction on 34 counts in Manhattan. There has been considerable criticism of the defense team and its strategy in the case, including some moves that may undermine appellate issues. However, after the instructions became public, I wrote a column that I thought the case was nearly un-winnable, even for those of us who previously saw a chance for a hung jury. Clarence Darrow would likely have lost with those instructions after the errors in the case by Judge Juan Merchan. At that point, it became a legal canned hunt. So the attention will now shift to the appellate courts. While it may be tough going initially in the New York court system for the former president, this case could well end up in the federal system and the United States Supreme Court. The thrill kill environment of last week may then dissipate as these glaring errors are presented in higher courts.
Here is the column:
Continue reading “Buzz Kill: The Trump Conviction Presents a Target-Rich Environment for Appeal”
Below is a slightly expanded version of my column in the New York Post on the verdict in the Trump trial. The Manhattan case, in my view, was a raw political use of the criminal justice system. It is only the latest example of the use of the justice system for political purposes and harkens back to the Adams Administration at the start of our Republic. I discuss that period in my book, The Indispensable Right: Free Speech in an Age of Rage (which is available this month).
Here is the column: Continue reading “The Ghost of John Adams: How the Trump Trial Harkens Back to a Dark Period of American Law”
Below is my column in The Hill on the ongoing deliberations in the Trump trial. The instructions in the case raised concerns that the deliberations could become a legal version of a canned hunt, where the prey is trapped in a cage or fenced in areas to be dispatched. Elements of the instructions are disturbing in reducing what is required to convict the former president.
Here is the column:
Continue reading “A Manhattan Canned Hunt: The Trump Jury is Out But is the Case in the Bag?”
Below is my column in the New York Post on the closing arguments scheduled for today in the trial of former President Donald Trump. The column explores the key elements for a closing to bring clarity to the chaos of Judge Juan Merchan’s courtroom.
Here is the column:
Below is my column in the Hill on the approaching closing arguments in the Trump trial. Manhattan District Attorney Alvin Bragg appears to be launching his own school of abstract legal work in the Trump indictment. The key is to avoid any objective meaning.
Here is the column: Continue reading “Bragg and the Jackson Pollock School of Prosecution: Why the Trump Trial Could End With a Hung Jury”
Nicholas Hosteter, 25, is not the first alleged felon to be caught after the circulation of a photo. He is one of the few, however, who can claim that he posed for a wanted picture taken by one of his own victims. Continue reading “Vanity Meets Villainy: California Man Poses for Pictures After Random Attack on Elderly Man”
Black Lives Matter co-founder Melina Abdullah lost a lawsuit against the Los Angeles Police Department on Thursday. Abdullah, the running mate to independent presidential candidate Cornel West, claimed that the police engaged in racial and political harassment by responding to a swatting call at her home. She and West denounced the jury verdict as a miscarriage of justice. Continue reading “BLM Founder and Vice-Presidential Candidate Loses Lawsuit Against the LAPD”
“The defendant’s laptop is real.” With those words and pictures like this one of Biden using crack, the Justice Department introduced the Hunter Biden laptop as evidence in his upcoming trial over federal gun violations. The federal prosecutors went on to denounce suggestions of Russian disinformation, long peddled by the Bidens, the media and former intelligence officials, as nothing more than a “conspiracy theory.” Continue reading ““The Laptop is Real”: Justice Department Denounces Claims of Russian Disinformation as a Biden “Conspiracy Theory””
The government often waits until Friday night when it wants to file something controversial in seeking to reduce media coverage and public attention. Special Counsel Jack Smith followed this practice this week in quietly filing a motion to gag former president Donald Trump in his Florida case. Smith took the action after Trump suggested that the warrant used on his Palm Beach home included a provision allowing the use of lethal force. While the provision is standard in such warrants, Trump has portrayed the inclusion of the boilerplate language as a threat to his life and the lives of his family. Nevertheless, I believe that the gag order, like Smith’s past demands, is over-broad and a violation of the free speech rights of the former president. Continue reading “Special Counsel Jack Smith Demands a New Gag on Trump”
