On the Representation of Criminal Defendants

I remember when I saw WWH’s “lending bank” at a strip mall in Provo or some godforsaken place. I remember a transnational petroleum purchase deal that at the last minute saw the inclusion of two unknown names—a clear badge of fraud. A former billionaire who acts as if he still had money—the reality distortion field is very strong. There’s no reason not to believe him—until you realize that there was never any reason to believe him in the first place. All of these are examples of when reality comes crashing down. The solution is to require a paid retainer. For competitive reasons though, FOMO (fear of missing out) reigns and this principle, which should be tattooed on the forehead of every attorney, is forgotten.

I don’t recall any of my medical providers cutting me any slack. Quite the contrary: they demanded a credit card despite my age and my protests that I am covered by Medicare. Don’t have a Medicare number? Fuck you—pay me. When the $300,000 credit card deal collapsed, that should have been our response: fuck you—pay me. Instead we wasted hours squabbling with a guy who honestly believes that he was privileged to put his mitt into the piggy bank and pull out millions in cash. Millions that are wholly unaccounted for. When the FBI and the IRS claim that something happened, I tend to believe them. And lest you think that didn’t happen, let me point out that the USG wins something like 99% of its criminal cases. I had two federal acquittals and one hung jury in my career. Just two. They were outliers. Most defense lawyers never see even one.

Can Happen Here

The best way to deal with Trump is to ignore him. But we can’t–the media won’t let us.George W. Bush on his ranch? When was the last time you heard anything about him?Yesterday I saw four military helicopters flying in formation in the general direction of the jail.They closed I-85/75 and all the roads that crossed over it so snipers couldn’t have a shot. There are dozens of such roads. The roads leading to I85/75 were shut down as well. I-2o, I-285, etc. 

Basically Atlanta shut down.

A twenty-motorcyle police escort led the flotilla of SUV’s and an ambulance to the jail.And yet, we’re told that Trump is treated like any other defendant.

Sure.If Biden were smart, he’d issue a general amnesty for January 6th: the generosity of a winner. He could say the people were misguided but we need to come together. The advantage is that this takes Trump off the 24/7 news cycle. Biden might well beat the B-list of candidates that showed up at the first Republican debate. Not a single one was even remotely presidential. Maybe Christie, but he has no chance.

What’s going on in the world? I honestly don’t know: the only news last night was waiting breathlessly to see Trump’s mug shot. So what if Putin just executed a political rival, extrajudicial killings are commonplace, no big deal.

If you’re not protesting about Prighozin, you don’t get to complain about Khashoggi.

Was Ford right? Gerald Ford pardoned Nixon because a criminal prosecution of Nixon “would tear the country apart.”

Now we’ve got four prosecutions.

New Yorkers get it: Trump was always like this. No way an examination of his books and records would show spotless behavior. After all, this is a guy who couldn’t successfully run a casino.

If Trump is re-elected, expect martial law. And on that note, Trump’s mistake was not ordering the military to seize ballot boxes while he still had a chance.

As the helicopters flew overhead, I thought, “it only takes one general to command a stop to all this “to restore order.“That’s how it happens in the rest of the world.

Can happen here.

Double Standard

If you’re not protesting about Prighozin, you don’t get to complain about Khashoggi.

Double Standard

MbS is ostracized for Khashoggi while everyone stands around looking at their toes in the wake of Putin’s extrajudicial execution of Prighozin.

You read it here first.

test

My Mother the Juror

My mother served on a petit jury when she was 75 and had the time of her life. It was an excuse to dress up for court; the jurors exchanged pictures of their children or grandchildren and brought in food to share on Fridays. They stayed in touch for years afterwards.

One day, she sent a letter to the judge asking for a day off so she could see her oncologist. She included a package of candy in the envelope with the note, “I hear you like Reese’s Peanut Butter Cups.” The judge put the request on the record, granted her request and said, “unless anyone has an objection, I’m keeping the candy.”

In opening statements, the prosecutor painted a lurid picture of stolen money, boob jobs and strippers. Unfortunately, the first witness was a records custodian from BellSouth. My mother said that all men on the jury jockeyed for position since they thought the witness was one of the strippers. Poor girl.

At the conclusion of the trial, the judge read out the standard admonition to the parties telling them not to approach or bother jurors. He told the jurors they were under no obligation to speak to the parties about the case. There was a codefendant in the case; he was found not guilty. My mother went out into the hallway, cornered him, and shaking her finger at the “not guilty” man told him, “Buddy, you got a break. Don’t do it again.”

The trial took place in the West Palm Beach Division of the U.S. District Court, the same division—and perhaps the same courthouse at 301 Clematis Street—where Donald Trump is to be tried this fall.

Expect anything.

App Test

Let’s see if it works.

Initial Thoughts about Trump Indictment

It’s hard not to be dramatic in response to this. First, the indictment proves my point that classified information is radioactive. Lawyers should not accept a clearance in a criminal trial.

A Roosevelt moment. Republicans pushed the 22nd Amendment to avoid another Roosevelt. The Amendment ended up prohibiting another Reagan term. The risk to a sitting president is trumped-up criminal liability might be created after he leaves office. The safest move is to stay in office. Declare martial law? Inconceivable. But on Wednesday, indicting a former president was pretty much inconceivable.

Equal protection: Pence, Biden, Clinton and Obama all had classified info and were not indicted.

Politics: 70% of Americans believe this indictment is political as do I.

Does anyone honestly believe that Trump was acting as an espionage agent of a foreign government? I do not.

The case will be decided based on jury instructions, and I don’t think there are pattern instructions for this crime.

Whatever your views on Trump, this indictment is a huge mistake. The case will tear the country apart.

I don’t know why Trump kept the documents. Research for his memoirs? Probably it has something to do with his belief that he was rightfully elected. Does that turn the trial into a trial on the 2020 election?

With You and I

Mind your Pronouns

I heard a native speaker say, “They can come with you and I.”

This is incorrect. Here, the word “I,” a subject pronoun, is used instead of the correct “me.”

Would you say, “They can come with I?”

Of course not. You’d say, “They can come with me.

I ascribe this error to an episode of the television show Bonanza where a one-room frontier schoolhouse teacher forced her barely literate charges to always use the pronoun “I.”

Me can’t think of any other explanation.