A federal judge rejected Donald Trump’s claim that he is immune from an investigation surrounding a subpoena for his tax returns from 2011 to the present. It may be the beginning of the end of Trump’s denials on releasing his tax returns. During the 2016 presidential campaign and afterwards, Trump asserted that an IRS audit prevented him from releasing his tax returns. In September 2019, Manhattan District Attorney Cyrus Vance subpoenaed eight years of Trump’s tax returns prepared through his accounting firm. A Grand Jury sought the returns to ascertain whether Trump committed any violations of New York law in relation to 2016 hush money repayments stemming from the Stormy Daniels payments by former attorney Michael Cohen. Trump filed a lawsuit to block any actions to obtain his tax records, including the Grand Jury subpoena of his accounting firm and the Trump Organization. Trump’s asserts that as president of the U.S., absolute immunity prevents any criminal investigations … [Read more...] about N.Y. Judge Orders Release of Trump Tax Returns
criminal
Missouri Governor Meets #MeToo and Ferguson Movements
In an interesting twist of the #MeToo and Ferguson movements, Missouri Governor Eric Greitens was indicted last week by a St. Louis grand jury on one felony charge of invasion of privacy stemming from a 2015 consensual extramarital affair but allegedly nonconsensual taking of nude photos for transmittal. Newly sworn in St. Louis City chief prosecutor Kimberly Gardner, the first Black to hold the position, expressed that St. Louis must have confidence in their political leaders. Kimberly Gardner was elected in 2017, in the aftermath of the Ferguson uprising of 2014 following the killing of Michael Brown. Upon being sworn in, Gardner stated that since the uprising of Ferguson, the public has a new expectation for the role of prosecutor. While the main focus of the #MeToo movement has been on sexual harassment and sexual misconduct in the workplace, Greitens’ case fits within the larger picture of how powerful men sexually exploit women. If allegations are proven true, Governor … [Read more...] about Missouri Governor Meets #MeToo and Ferguson Movements
Deal Struck on Bill Cosby Case May Warrant Dismissal
Just as a judge dismissed the civil case for defamation against Bill Cosby last month, his criminal case may go up in smoke before it barely gets started. Over 50 women alleged Cosby engage in sexual misconduct, assault and/or rapes against them over the course of 40 years. In a civil case for defamation, one of those women, Renita Hill, alleged that Cosby, his wife and attorneys made false statements about her in the media. A Pennsylvania judge found no merit to her case and dismissed it. And now a hearing scheduled on Cosby’s criminal case began February 2, 2016 before a Montgomery County judge in Pennsylvania on the issue of whether the District Attorney’s office violated an alleged 2005 agreement by the prior District Attorney, Bruce Castor, Jr., to refrain from charging Cosby in Constand’s case in exchange for his testimony in her civil case. In the criminal case, Cosby’s lawyers have a good chance of having the only criminal case filed against Cosby dismissed, if the … [Read more...] about Deal Struck on Bill Cosby Case May Warrant Dismissal
Why Cameras are Needed in the Courtroom
On Wednesday August 12, Minnesota’s Supreme Court approved a pilot program to commence in November allowing cameras in criminal court rooms but only in sentencing hearings. The new rule changes the precondition that all parties consent. Much of the work of our criminal justice system occurs long before a trial or plea bargain. Cameras are needed inside courts to bring about necessary changes in the criminal justice system. The recent police shootings of unarmed minorities sparked the call by many for police to wear body cameras to show how events unfold. Body cameras only speak to one part of the equation. The other part is what happens inside courtrooms across America. As a former prosecutor and now trial lawyer, I see the need for allowing cameras in all court rooms. Most court room proceedings are open to the public. Those proceedings that are already open to the public present no harm in allowing further transparency with cameras. The use of cameras … [Read more...] about Why Cameras are Needed in the Courtroom
The Oddity of Fair Trials and Impartial Jurors
The questions most commonly asked during high publicity trials is whether a defendant can get a fair trial and if a fair and impartial jury of one’s peers will determine the outcome. In high publicity trials, such as three going on now in the courts, Aaron Hernandez, Dzhokhar Tsarnaev, (“Boston Bomber”) and the murder case of Chris Kyle (“American Sniper”), those questions become more relevant and difficult to answer. What is required under the Constitution of being a fair trial and an impartial jury is often at odds with what most people think about juries and fair trials. Aaron Hernandez, a former New England Patriots player, is charged with murder and is being tried near Boston. With the Patriots winning the Super Bowl this year, it is almost a sure bet that most jurors in the Boston area have heard or read about Aaron Hernandez before the trial. Then there’s Dzhokhar Tsarnaev, the Boston Bomber trial. Undoubtedly, every prospective Boston area juror is aware of the … [Read more...] about The Oddity of Fair Trials and Impartial Jurors