Legal Speaks Home Debbie Hines Bio Blog TV Clips Practice Areas Res Ipsa Loquitur Links Contact
Blog Home

Posts Tagged ‘Trump’

WUSA 9 Interviews Debbie Hines on Mueller Report

Thursday, March 28th, 2019

Alas, the long awaited Special Counsel Robert Mueller report was released to Attorney General William Barr.  Although the report reportedly contained over 700 pages, Attorney General Barr wrote a 4 page summary of its contents. To say that wasn’t scratching the surface would be a severe understatement.

The American people deserve to see its full contents.  The report looked into two questions–whether there was a conspiracy or coordination between Trump, the Trump campaign and the Russian government during our 2016 presidential election;  And whether there was an obstruction of justice by Donald Trump into the Russian investigation.

Until the report is released, we cannot speculate about its contents. We are just as in the dark as before the report was released.   WUSA 9 anchor Bruce Johnson interviewed me on my take on the Mueller report.

 

Manafort’s Sentence and the Luck of White Privilege

Wednesday, March 13th, 2019

Paul Manafort – Creative Commons

Paul Manafort, Donald Trump’s former campaign manager, was sentenced today in federal court in the District of Columbia by Judge Amy Berman Jackson. I have had the occasion to appear before Judge Jackson representing defendants. She is known for being fair. And she is not a pushover judge as Judge T.S. Ellis, III, Manafort’s judge in his Alexandria, VA case. Judge Elliot gave Manafort a light sentence more than a decade below the sentencing guidelines of 19- 24 years. Judge Ellis sentenced Manafort to less than five years.

Manafort faced a maximum of 10 years before Judge Jackson. Judge Jackson let it be known in court today that Manafort had a contempt for the court proceedings and our American democracy by his acts. While Manafort’s last week’s sentence sickened me, Judge Jackson today stated that the truth and facts matter. The real issue was whether the sentence would run in addition to the sentence last week or run along with the prior sentence—to shorten his term in prison.

The case is really a tale of two judges and how the court system works in favor of white collar and white privileged defendants. Judge Ellis last week stated that other than the charges, Manafort had left an otherwise routine life. Manafort made $60 million out of his deals and failed to pay taxes on much of it. Out of the money, he bought lavish homes, $20,000 suits, yet had very little left by the time of his court woes. Judge Jackson made clear that she is not pleased with Manafort’s shenanigans after being charged—his lying to prosecutors under a plea agreement to cooperate.

Paul Manafort for the first time apologized for his acts. He begged Judge Jackson to be able to have a lighter sentence and stay home with his wife. Judge Jackson told Manafort before sentencing that he squandered the chance for a lighter sentence—yet she gave him a lighter sentence anyway.

On the possible maximum sentence of 10 years, Judge Jackson stated that 30 months of her sentence must by law run concurrent with the Virginia sentence last week. On count one -conspiracy charge, Judge Jackson sentenced Manafort to 60 months with 30 months running concurrent (meaning to run alongside of) with the Virginia sentence last week. Manafort dodged the bullet of the maximum 10 years. With regards to the witness tampering count, Judge Jackson sentenced Manafort to 13 months, to run consecutive (in addition to) with count one and the VA sentence.

As I read the sentence, Manafort will serve 43 months or 3 ½ years in addition to the Virginia 4- year sentence. Roughly, Manafort would serve 7 years. Without a pardon, Manafort faces a prison term until he is 77 years old. While parts of  the sentencing may be in addition to the Virginia sentence last week, Manafort still received a light sentence, considering what he could have likely received. His sentence was still less than what the federal guidelines called for.

The fraud on the American public committed by Manafort shows that crime does pay if you are rich, white and privileged in America. This is not a reflection on Judge Jackson—but on the overall criminal white-collar system which gives breaks to white collar, white privileged defendants but throws the book at African American defendants, mostly men and persons of color, even when committing white collar crimes.

Setting aside Manafort’s sentence, when he was in jail pending trial, he had access to computers and an almost suite like room in the prison, instead of a one room jail cell. To say that he received extra privileges would be an understatement. Manafort caught a break both during his time awaiting sentencing and during sentencing, last week and before Judge Jackson today.

To be an old, white and privileged man in America works very well in the criminal justice system. Paul Manafort did not deserve the break he received for the crimes he committed. The ultimate snub to the criminal justice system and to the American people will be if Donald Trump pardons Manafort.  No matter what happens, Paul Manafort is the poster boy for white privileged males.

UPDATE: At the same time of his sentencing, Paul Manafort was indicted on state charges  in New York for which Trump cannot pardon him, if convicted.

Washington, DC Debbie Hines is a trial lawyer who appears before the U.S. District Court and is a former prosecutor.

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.