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Roger Stone’s Fate at a Trial Will be Decided by Blacks

Tuesday, January 29th, 2019

Roger Stone was arraigned in D.C. federal court today. As expected, Stone entered a plea of not guilty. An arraignment hearing is for the purpose of advising the defendant of the present charges against him, allow him to enter a plea of guilty or not guilty plus state additional terms of the defendant’s pre-trial release. Stone had to give up his passport and cannot contact any witnesses. If he violates the terms, he goes to jail pending his trial date.

As for Stone, he is slowly learning what it means to be a defendant. Stone voiced concerns about being arrested in the early morning hours with over 20 FBI agents. His specific concern was that he was arrested with more force than Osama Bin Laden. By the way, Osama Bin Laden was shot to death during the raid on his house. The courtesy of affording a white -collar defendant the ability to turn himself in with his attorney at his convenience is exactly that… a courtesy. It is not mandatory, as Stone discovered.

Now the real reason why the arrest was likely done in the manner it was conducted had to do with the parallel search warrant of Stone’s residences. An announcement in advance would have potentially allowed Stone to destroy or attempt to destroy documents. A search warrant is obtained with a judge signing off on it. In the affidavit that is presented to a judge to obtain a search warrant is the belief of what the search is more than likely to yield. The Mueller prosecutors had good reason to believe based on either cooperating testimony or either evidence that another crime or crimes may have been committed.

It is likely that more charges are being considered. Stone may be asserting his white privilege in public. However, as a charged defendant, he is no different than other defendants who go before the court. He will be processed in the same way as all others.

As the events unfold and Stone’s attorneys learn of the evidence against their client, Roger Stone may be less inclined to boldly assert the lack of evidence against him. As the indictment reads, the prosecution has what appears to be a tight case against Stone. The reality of possible jail time may soon become a wake-up call for Stone. It’s usually a matter of if you feel lucky and want to roll the dice. Of if you want to face reality that wearing an orange jumpsuit daily is staring you in the face. Reality comes in many forms.

Stone emphatically states his wants his day in court. In a jury trial in the District of Columbia, Stone will be facing jurors who reside in D.C. Most D.C. voters voted overwhelmingly Democrat by almost 91% in the November 2016 presidential election. Only 4% of all D.C. residents voted for Donald Trump. While the District of Columbia’s Black population is just slightly under 50%, those jurors are not likely to be sympathetic to Stone. The fact that many potential jurors in D.C. work for the federal government which was closed for 35 days due to Trump’s shutdown bears indirectly on how jurors might feel about Stone. Stone has made it clear of his close association to Donald Trump. While jurors are advised to base their verdict solely on the evidence presented in a case, no one juror is  likely to be able to completely forego their thoughts about Trump.

Another hearing is scheduled for Friday, February 1 to plan future court events and hearings. Stone left the D.C. federal court without as much of a whimper, unlike his blustering and bold statements following his arrest in Florida. Maybe Stone is giving thought to those potential D.C. jurors who might hear his case and judge his guilt or innocence.

Washington, DC based Debbie Hines is an attorney and former prosecutor.

Roger Stone Gets His Comeuppance in the Mueller Investigation

Friday, January 25th, 2019

Trusted Donald Trump aide Roger Stone got his long awaited comeuppance for his behavior in the special prosecutor’s Trump Russia investigation. Stone was arrested at his office in the wee morning hours of Friday, January 25. While Roger Stone may have been expecting an indictment, nothing prepared him for the manner in which he was arrested.

Mueller’s team sent a strong and serious message to Trump confidante, Roger Stone, by arresting him at 4 a.m. much like everyday street criminals, mob bosses and narcotic dealers are arrested. Of course, following his arrest, Stone complained about the nature of the arrest with over 29 FBI furloughed agents coming to his house to take him into custody. Stone for his part declared his innocence.

The lack of common prosecutorial courtesies usually afforded to white collar clients/defendants to conveniently turn themselves in with their lawyer upon indictment shows the seriousness of the case and the possible indication of a flight risk by Stone.
Prosecutors obtain indictments on what they can likely prove. The indictment shows Mueller’s team intends to prove that Stone acted like a mob boss in witness tampering, threatening to do harm to witnesses’ pets, lying and obstruction of justice. Stone may soon be singing another song and re-considering his loyalty to Trump.

The prosecution does not need to set out its entire case in an indictment. And at any time, the Special Counsel’s office could file a further amendment or addition to the indictment. While we don’t know the strategy of the special prosecutor’s office, the case was laid out for possible collusion in the indictment.

The decades long relationship that Trump has with Roger Stone makes it difficult for Trump to distance himself from Stone. The possibility of jail time for Stone makes it easier for Stone to re-consider his Trump loyalty and consider his loyalty to his life and family. While Stone does not presently intend to make statements against Trump, other white-collar defendants in the investigation, like Cohen, Flynn, Papadopoulis and Manafort took deals rather than go to prison. Persons who wear suits don’t normally want to trade them in for an orange jumpsuit and leg braces.

While Trump may state that Stone’s indictment has nothing to do with Trump, is a witch hunt and is more about lying, the indictment allegations and details suggest otherwise. The indictment states a high ranking Trump campaign official was “directed” to ask Stone in October, 2016 to obtain further information about Clinton leaked emails. This indictment is likely just a tip of the iceberg in the chain to the Trump campaign and stolen leaked Emails during the campaign.

I suspect that the Mueller investigation has far more incriminating information on Stone than what is listed in the indictment. And when Stone’s lawyers come to meet with the prosecutors, they may see a preview of what might be awaiting Roger Stone that is not contained in the indictment. Prosecutors may use this tactic as leverage for Stone to plead guilty and cooperate, if facing more charges.

At some point, Stone may want to take a deal and cooperate rather than face the potential for years in jail. And of course, a president can pardon a convicted felon. It is unclear if a convicted person can be pardoned by a president who might also be an unindicted co-conspirator. What is clear is Roger Stone is the 6th Trump campaign aide to be indicted. The others, Rick Gates, Paul Manafort, George Papadopoulos, Michael Cohen and Michael Flynn all pled guilty. That’s 5-0 for Mueller and one is pending. That’s like Tom Brady having won 5 previous Super Bowls and now he is facing number 6.  The odds do not bode well for Roger Stone.  Ditto for the Rams.

Washington, DC based Debbie Hines is an attorney and former prosecutor.

White House Gangsta in Chief Needs to Leave

Wednesday, January 23rd, 2019

Donald Trump, Public Domain

The federal government shutdown has now gone into two missing paychecks for workers without any resolution. It started as Trump’s demand that Mexico would pay for the wall. Then it advanced to American taxpayers would need to pay for the wall. Mexico likely laughed at the suggestion of their paying for it. And now it has snowballed into a hostage take over situation of over 800,000 federal government workers plus contract workers being furloughed until presumably American taxpayers pay for the wall. Trump has placed America at risk in food safety, air safety, health safety, economics, intelligence and basic human rights.

While the focus at times has been on federal government workers in the DC, Maryland and Virginia area, federal employees work in all 50 states plus the District of Columbia. Large numbers of workers are located in Montana, Wyoming, New Mexico, South Dakota, West Virginian and Iowa –Trump Red states. There are government contractors who are not government employees who will never receive back pay.

There is so much at stake with the government shutdown. The lives and well being of 800,000 employees and their families are at stake. Most families are merely one paycheck away from homelessness. Rents and mortgages due are not being paid by many workers. Food lines and food pantries are now feeding government workers and supplying food for their families. The Department of Agriculture may need to forego food stamps distribution in February and SNAP benefits to 40 million Americans. The SNAP program began in 1964. There has never been a lapse in providing food services since the program began. The Food and Drug Administration is lacking the ability to keep our food supply safe, in terms of inspection.

The FBI cannot effectively work. The FBI Agents Association warned Tuesday that the ongoing government shutdown is not only hurting individual FBI employees and their families, but hampering key operations. This means that gangs such as MS-13 and other criminal enterprises will not receive appropriate investigation, indictments and court documents resulting in a likely increase in crime.

The TSA workers who make on average $30,000 must continue to do their jobs without pay. Many TSA workers have already called in sick causing check points at various airports, including Baltimore Washington airport to close checkpoints. Air traffic controllers are now beginning to call in sick. At some point, our air traffic safety will result in a tragedy of huge proportions.

Presently, there is no end in sight. Donald Trump ran at least four companies into bankruptcy. He appears on track to make America his fifth bankruptcy. If the U.S. were a private company, like Trump is running it, he would have already been removed. Papa John’s Pizza removed its CEO and founder under less severe issues than those being displayed by Trump.

One thing is for sure. Trump has a chokehold on America. A CBS News poll found that 71 percent of Americans do not believe the government should be shutdown over Trump’s demands for a border wall payment. Unless our lawmakers find a way around his insanity, our country will be crippled even further. And Trump and Putin will be laughing all the whole time. It’s time to begin impeachment. We cannot wait much longer—if America is to survive. As Congresswoman Rashida Tlaib stated, “impeach the mother fucker”.

Washington, DC based Debbie Hines is an attorney and former prosecutor.

The Extreme Hypocrisy of the Republican Party

Thursday, January 17th, 2019

Donald Trump, Public Domain

The Republican party was once known as the party of Abraham Lincoln. Now it is known as the party of Donald Trump, a reality star, creator of the birther movement and race baiter in Chief. Time and time again, the Republican party has shown its hypocrisy in the Trump era by failing to speak out against racism and bigotry.

The other day, Congress failed to censure Iowa Representative Steve King for saying “White nationalist, white supremacist, Western civilization—how did that become offensive?” To answer King’s statement, white supremacy was offensive to many persons as far back as Abraham Lincoln’s time. The House passed a resolution condemning white supremacy but failed to rebuke King. Every Republican House member should have requested a vote on censuring King, if not seeking his resignation. It is not enough just to fail to appoint him to committees. Steve King should have been asked to resign for his hideously racist comments.

Time and time again, the Republican party fails to address racism and bigotry under the Trump era. Donald Trump following the August, 2017 Charlottesville, Nazi rally where Heather Heyer was killed by a hate filled Nazi supremacist, stated there were good people on both sides—meaning the Nazi’s and their protestors. No Republican lawmaker serving in the House or the U.S. Senate strongly condemned Donald Trump for referring to Nazi’s, Neo-Nazi’s  and white supremacists as “good people.”  It’s as if Trump can do no wrong when it comes to siding with racists.

Donald Trump  sets the tone for white supremacy and bigoted speech. Even before he was elected, he fueled the birther movement alleging that President Barack Obama wasn’t born in this country, without any valid basis for the assertion. It was likely one of Trump’s proudest moments when the first African American president produced his birth certificate—just like slaves once did to show they were free persons.

Once Trump ran for office and won, he became race-baiter-in chief. He gives a platform for all the Steve Kings to stand on. Trump called Colin Kaepernick a “son of a bitch” as well as other NFL African American players who kneel during the playing of the national anthem in protest of police brutality against Blacks. He refers to Mexicans as rapists; He disparages judges of Hispanic descent. He views African countries as “shithole” nations. To point out all of Trump’s racist remarks would take up more space than needed to make the point. Republicans fail to see the big fat elephant in the room named Donald Trump.

Recently, when N.Y. representative Rashida Tlaib stated we should “impeach the mother f’er”, Texas Republican Representative Brian Babin called her words “ill-conceived and inconsistent with our national values.” I don’t ever recall Babin or any GOP legislator calling any of Trump’s comments inconsistent with our national values. The only thing that would have delighted me more would have been if Rep. Tlaib had used Trump’s own language that he called Colin Kaepernick—a SOB.

The latest Republican hypocrisy seems focused on holding the federal government workers hostage while Trump demands a Mexican border wall. As most folks will remember, Mexico was supposed to pay for the wall. Time and time again, Trump chanted that point to his base. Yet, now it appears the wall will be financed on the backs of American taxpayers and on the hostage taking of the federal government workers—the vast majority that live in Red states and towns. No Republican member is calling for Trump to back down from his wall double talk and re-open the government. Mitch McConnell won’t even bring a vote to the floor to open the government and then continue talks about the so-called wall that Mexico would have paid for.

All the talk about the wall is double talk and code talk for race baiting. As the president demands a $5 billion ransom money to open the federal government in exchange for a so-called wall, he continues to ramp up incidents of persons killed by undocumented persons. Some of those victims were killed by guns, yet I fail to see any gun control measures being introduced and passed.

Immigrants contribute significantly in the U.S. from serving in the military, owning businesses, paying taxes, doing menial jobs, inventing and investing in our economy and society. As recently seen in the news, some undocumented immigrants work in Trump’s many businesses with forged papers. When it is to Trump businesses’ advantage, undocumented immigrants are valuable. To his base, he calls them rapists and murderers.

As an African American, I know this country has long been known for its hypocrisy of saying one thing and doing another when it comes to race and race relations. The explicit race baiting language used by Trump and supported implicitly and explicitly by Republican lawmakers without rebuke brings the hypocrisy to an extreme level. If this were a fake reality show, it could be dubbed “Extreme GOP Hypocrisy”. Sadly, this is our new norm under the Trump era.

Washington, D.C. based Debbie Hines is an attorney and former prosecutor.

2018- A Year of Sex, Lies, Guns and Trump

Tuesday, January 1st, 2019

Donald Trump, Public Domain

Every new year, we look back towards the past year to see the good, bad and ugly. If 2018 can be boiled down to a theme—it would be sex, lies, guns and Trump. Trump fits into all three categories.

Guns were rampant again this year with no end in sight in terms of gun control. On February 26, 2018, in Parkland, Florida, one of the safest towns in the U.S. , a school gun shooting occurred and 17 persons died including teachers and students. This time may have been different than previous gun shootings in that it galvanized students to hold the March for Our Lives on March 25, 2018. It once again raised the issue of gun control. Like in so many times and years before, no meaningful gun legislation occurred.

 

On June 29, five journalists were shot and killed at the Annapolis Gazette in Annapolis, MD. Throughout the Trump administration, Donald Trump has shouted chants that the media is the enemy of the state. Our constitution’s first amendment is freedom of the press. Yet, the person sitting in the White House holding the office of President continues to attack the press as an enemy. While the shooting and death of 5 journalists is not directly attributable to Trump, the constant attacks on the media with chants of fake news using the term “enemy”, have no place in the U.S. Following the deaths of the journalists, the Trump administration had to be convinced that a lowering of the U.S. flag in mourning was appropriate.

October 28, 11 persons were killed while holding religious services in a Pittsburg synagogue. Following Trump’s 2017 response to the Charlottesville, VA killing of Heather Heyer during a neo-Nazi march, many persons in Pittsburgh had no desire to see Trump visit there. In 2017, Trump all but defended the neo-Nazi’s hatred of Jews  stating there were fault on both sides of the aisle. As a former prosecutor, I understand that violence and hatred have no place in this country. Apparently, Donald Trump doesn’t fully understand the ramifications of spewing hatred with words and acts. Both have consequences.

Sex played an important part in 2018. From Supreme Court justice Brett Kavanaugh, CBS executive Les Moonves, Bill Cosby to Donald Trump, sexual harassment, sex crimes and paybacks continued to play a huge part in 2018. CBS executive Les Moonves lost not only his job but a $120 million severance pay, after an independent investigation revealed a decades long history of sexual harassment against women employees. Supreme Court Justice Brett Kavanaugh fared better than Moonves. Professor Christine Blasey Ford testified publicly accusing Brett Kavanaugh of attempted rape in high school, with “100%” certainty. Many Republican lawmakers still voted to confirm Kavanaugh to a lifetime appointment to the Supreme Court. It just goes to show how little has changed since the Clarence Thomas hearing and Anita Hill’s testimony.

In a different outcome, on September 26, Bill Cosby, once considered America’s TV dad, received a sentence of 3-10 years in prison for sexual assaults committed against Andrea Constand which occurred 14 years earlier. In April, Cosby was convicted of three counts of aggravated sexual assault and classified a “sexually violent predator” requiring lifetime registration.

From accounts from the Mueller investigation, Donald Trump was implicated in ordering and directing the payment of hush money and other ways to silence his sexual escapades with several women, according to alleged testimony by his fixer, attorney Michael Cohen and others. It is suspected that if such behavior had been known, it may have derailed his presidential outcome. We will never know.

According to the Washington Post as reported by Fact Checker’s database, Trump had an unprecedented year of deception averaging 15 false claims a day in 2018. This triples the amount from the year before, according to Fact Checker. This would account for a November Quinnipiac poll which found that 58% of voters saying Trump wasn’t honest. For obvious reasons, there is not enough room to discuss his voluminous false claims in 2018.
Aside from false claims, Trump continues to side with Russian President Putin at every opportunity. In 2018, he sided with Putin saying there was no 2016 Russian interference in our election—going against the report of our U.S. intelligence community. At every turn, Trump has tried to derail the Mueller investigation—changing Attorney Generals. His most dreaded fear of impeachment may occur in 2019.

The latest Trump debacle is the government shutdown. Trump refused to sign legislation on December 22 that would allow the government to remain open and running. Instead he insisted on $5 billion for a wall between the U.S. and Mexico. As of January 1, 2019, the federal government workers and contract workers remain hostage to a wall without pay—that Mexico was supposed to pay for.

2019 brings the hope of some stability in the government with the oversight of the Democrats taking control of the House.

Washington, DC based Debbie Hines is a lawyer and former Baltimore prosecutor.

Why I Will Never Forget 9/11

Tuesday, September 11th, 2018

Seventeen years ago, the worst attack on American soil occurred with terrorists hijacking four planes resulting in the loss of almost 3,000 lives and additionally more than 6,000 injured in New York City at the World Trade Center towers, the Pentagon and Shanksville, PA. Everyone who was living at the time and old enough to remember, recalls what they were doing at those moments. And we must never forget the loss of lives and the way our society has changed forever as a direct result of the terrorist assault on American soil. Many others died later from illnesses due to the exposure to the dust in the attacks. Those who lost their lives were Americans and others from 90 countries.

At the time of the attacks, I lived on Capitol Hill and worked nearby in downtown Washington, D.C. I was rushing late for a deposition to be held at my office. When I arrived to the office, in hurry mode, I ordered the court reporter to go to the conference room and told my client I would be with her shortly. I failed to notice the eerie silence in the office until my office colleague brought me in to watch the breaking news on the office TV. The first World Trade Center tower had been hit and was engulfed in flames. As I sat in fear and horror, I watched in real time as the other attacks unfolded.
We were told to evacuate our office building after the plane hit the Pentagon. Most folks did not return to their office and went home—which took hours.

Living 8 blocks from the Capitol, I was scared to go home for fear that the Capitol might be hit. Instead I went to a college friend’s house overnight in nearby Silver Spring, MD which like D.C. was devoid of any people on the street. I was still reluctant to go home afterwards. I knew a few folks who were stranded in towns across the country when their planes were ordered to land.

For me and many others, it brought about the loss of innocence—that living in America was somehow a safe -haven –at least from terrorist activities. It broke the naiveté that modern-day terrorist attacks only occur abroad—never here. Watching Pres. George W. Bush, speaking on behalf of all Americans, brought a sense of unity. It was heart warming to see our allies abroad support us and stand beside us. For an entire week, I was glued to the TV—hanging on to every known fact.

What I will always remember about 911 is that our freedoms and way of life cannot be taken for granted. For many long weeks later, I saw police with rifles, military style trucks and tanks on Capitol Hill. It was a surreal scene like something in a movie—except it was real. Our way of life from boarding airplanes, entering government buildings to getting a driver’s license changed-forever.

On this 9/11 anniversary, we as Americans must remember that our U.S. allies stood with us and for us. And we must never forget that we are a global society. The isolationist policy today by the Trump administration is a flawed one which could prove fatal to us. And 911 proves that we must never forget the tragedy of loss of life and the global support of our world neighbors. Never forget.

Washington, D. C. based Debbie Hines is a trial lawyer, legal analyst and former Baltimore prosecutor.