While its significance has faded over the course of the hours following all hell breaking loose, the news cycle was obsessed for a brief and glorious few hours on the president revealing classified information to the Russians in the Oval Office after the Washington Post revealed the botch. The Post, however, did not share the details of the intelligence because officials warned this could help Russia identify the ally involved. When The Times confirmed the story soon after, it too left out the name of the country, saying only that it was “Middle Eastern.” The point, pundits argued, wasn’t that Trump gave up the name, home address and social security number of the secret agent, but enough so that the Russians, or ISIS, could “reverse engineer” from what was said so that it could ascertain “sources or methods” from whence the intelligence came. “This is code-word information,” said a U.S. official familiar with the…
Short Take: Traitorous Times
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Starting with Consent
James Grimmelmann, Consenting to Computer Use, 84 Geo. Wash. L. Rev. 1500 (2016), available at SSRN. Andrea Matwyshyn The Computer Fraud and Abuse Act (“CFAA”), enacted in 1986, has long been a source of consternation for jurists and legal scholars alike. A statute marred by long-standing circuit splits over basic terminology and definitions, the CFAA has strained under the weight of technological evolution. Despite thousands of pages of law review ink spilt on attempting to theoretically resuscitate this necessary but flawed statute, the CFAA increasingly appears to be broken. Something more than a minor Congressional correction is required. In particular, the central term of the statute—authorization—is not statutorily defined. As the CFAA has morphed through amendments to encompass not only criminal but also civil conduct, the meaning of “authorized access” has become progressively more slippery and difficult to anticipate. Legal…
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Short Take: No Cissies In The Trenches
Being an old white cis-gendered male lawyer, it would be wrong of me to say this, so I’ll let Appellate Squawk* do my dirty work. Scene: Arraignment pens, counsel visiting area. Lawyer: Hi there! I’m Suzy, a cis-gendered woman, and I’ll be your attorney for today. Defendant: About time. I’ve been locked up for a week without seeing a lawyer. I’m innocent. The cops broke down my door without a warrant – *** Lawyer: [Reading from a card] I need to know whether your name expresses your internal deeply-held sense of your gender which may or may not be the same or different from your sex assigned at birth – Defendant: Yeah, whatever. Then they handcuffed me to a chair and started throwing lighted matches on my lap, causing imminent danger to my manhood – Lawyer: Tut, tut, gender isn’t a matter of stereotypical physical characteristics – Squawk, I note, is a cis-gendered female, so while she’s allowed to…
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Cuomo: One Law For You, One Law For Them
If New York Governor Andy Cuomo has a therapist, it has to be a really hard gig, as the split in his progressive personality keep revealing itself as he runs for re-election. On the one hand, he’s desperately courting the campus feminist vote by doubling down on his Enough Is Enough law. On the other, how can he not include our “Community Heroes” in the hate crimes law? Enough is enough? You bet. “As Governor of New York, but even more so as a father, the safety of New York’s students is my top priority,” Cuomo said in a news release. “New York led the nation by signing into law the strongest policy to combat sexual assault on college campuses, and now we are ensuring every university fully meets their obligations under that law. We must take every measure to protect our students from harm, and we will accept nothing less from our state’s colleges and universities. Enough is enough.” Andy is a father. Of two…
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Volveremos
Algunas veces sin proponérmelo vienen a mi mente algunas palabras, las ordeno y obtengo un trabajito como este: Volveremos Como la lluvia a Inundar las quebradas, Como los nidos poblando la primavera, Como las ilusiones en el amor con los brazos abiertos, robando un furtivo beso despertando la inocencia. Como el eco del pensamiento entre las palpitaciones del silencio hasta los confines del alma. Como el dolor para secar las lágrimas. Volveremos sin duda Como la nostalgia Como los recuerdos Congelando el corazón o acaso como el fuego con los puños cerrados, el cuerpo desnudo sobre las espaldas las armas del entendimiento y la sangre derramada. José Guillermo Anderson Anderson 19-05-2017
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De Sa & Amarshi on Confidential Informant Litigation
Christopher De Sa and Hafeez S Amarshi (Public Prosecution Service of Canada and Public Prosecution Service of Canada) have posted Issues in CI Litigation: Balancing Informant Privilege with the Right to Full Answer and Defence on SSRN. Here is the...
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"New potential for marijuana: Treating drug addiction"
The title of this post is the headline of this lengthy CNN piece. Here are excerpts: Most European countries and Canada have embraced the idea of harm reduction, designing policies that help people with drug problems to live better, healthier lives rather than to punish them. On the front lines...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/EchKfRlXKEo" height="1" width="1" alt=""/>
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Jacksonville school aide arrested on two child abuse charges
A teacher’s aide with the Duval County Public School system has been arrested on two counts of child abuse. According to an article on Jacksonville.com, the woman was arrested in Jacksonville on Mother’s Day for the two felony charges. In the arrest and booking report, police say they were called out to a “domestic dispute” and spoke with the alleged victim’s, the aide’s children. They told police that the woman became angry because all she got for Mother’s Day was a card. They claim the woman began to throw things around the room and hit the child with a metal broom multiple times on the arms and legs. The children also claim the woman punched one in the mouth and pulled her hair. Police said they observed welt marks on the child, along with a swollen lip and bruises. The evidence technician was called to the scene and photographed the alleged injuries. In Florida, there are different levels of…
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"An Empirical Assessment of Georgia's Beyond a Reasonable Doubt Standard to Determine Intellectual Disability in Capital Cases"
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US Commission on Civil Rights conducting big hearing on collateral consequences
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What Trump’s Picks for Federal Courts Mean For Criminal Defense
President Trump’s abrupt firing of former FBI Director James Comey, and its related political fallout, has dominated the news cycle over the last week or so. This intense political coverage has overshadowed other significant executive actions taken by the president. For example, last Monday the president announced 10 judges he planned to nominate for federal court positions. All 10 of these judges have been previously been considered as possible candidates for the United States Supreme Court, but lost out to eventual Supreme Court Judge Neil Gorsuch. The ten potential judges include: Josh K. Bush, Kentucky Joan Larsen, Michigan David Stras, Minnesota Amy Coney Barrett, Indiana Kevin Newsom, Alabama David Nye, Idaho Scott L. Palk, Oklahoma Damien M. Schiff, California Dabney L. Friedrich, Washington, D.C. (nominated for federal judgeship) Terry F. Moorer, Alabama (nominated for federal judgeship) The judges represent a broad geographic spectrum…
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Barkow & Osler on Prosecutorial Resistance to Reform
Rachel E. Barkow and Mark William Osler (New York University School of Law and University of St. Thomas - School of Law (Minnesota)) have posted Designed to Fail: The President's Deference to the Department of Justice in Advancing Criminal Justice...
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You be the federal judge: what sentence for former Rep Anthony Weiner for "transferring obscene material to a minor"?
As detailed in this New York Times article, "Anthony D. Weiner, the former Democratic congressman whose “sexting” scandals ended his political career and embroiled him in a tumultuous F.B.I. investigation of Hillary Clinton before the election, is to appear in a federal courtroom in Manhattan on Friday to enter a guilty plea." Here are more of the basics: Mr. Weiner will plead guilty to a single charge of transferring obscene material to a minor, pursuant to a plea agreement with the United States attorney’s office in Manhattan, one of the people said. Mr. Weiner surrendered to the F.B.I. early Friday morning. The federal authorities have been investigating reports that, beginning in January 2016, Mr. Weiner, then 51, exchanged sexually explicit messages with a 15-year-old girl in North Carolina. The plea covers conduct by Mr. Weiner from January through March of last year, the person said. A likely result of the plea is that Mr.…
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Fagan & Richman on Murder Rates
Jeffrey Fagan and Daniel C. Richman (Columbia Law School and Columbia Law School) have posted Understanding Recent Spikes and Longer Trends in American Murders (Columbia Law Review, Vol. 117, No. 0001, 2017) on SSRN. Here is the abstract: Since 2015,...
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FORMER CONGRESSMAN ANTHONY WEINER PLEADS GUILTY TO SEX CHARGE
FACES PRISON AND A LIFETIME OF SEX OFFENDER REGISTRATION According to a recent article in the New York Times, former Democratic Congressman and New York City mayoral candidate, Anthony Weiner has entered a guilty plea to a federal charge of obscenity. Weiner entered his plea in federal court, pleading to a charge of “transferring obscene material to a minor.” The victim in the case was a 15 yr. old girl in North Carolina. The charge Weiner admitted guilt on carries a 10 year maximum prison sentence although the prosecutor stated a sentence of 21 to 27 months would suffice. Weiner is not slated for sentencing until September. If he is to receive a prison sentence the Judge may remand him into custody at that time or let him remain free to get his affairs in order. In most of the Circuit Courts of Florida, if the defendant pleads guilty or no contest, with no agreed to sentence or conditions, this is called a “straight up…
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Holding Parents Accountable for Teen DUIs
If your child wants to have a graduation party, prom party or any party at your house over the course of the summer, it is very important you understand as a parent what your responsibilities are under the law. If either you or your child knowingly provides alcohol for someone who is under the age of 21, there could be serious legal consequences. Unfortunately, many young people do have parties during the summer — sometimes with their parents knowledge and other times when parents are at work. If someone leaves these parties and gets into a drunk driving crash, the collision victim must know his or her rights under Massachusetts law. A Boston drunk driving lawyer can provide assistance to collision victims in pursuing a claim not only against the intoxicated driver, but also against the parents of teens who provided the alcohol consumed before the drunk driving accident. When victims of drunk driving collisions have more potential defendants to make claims against,…
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The persuasive and fighting power of diffusing and de-escalating tense situations
Recently, I was minding my own business, waiting for my client in the hallway of the Fairfax County jail’s attorneys visiting section. Then I heard commotion where three meeting rooms away from mine, an inmate was ranting and raving at his lawyer, a kindly-spoken public defender attorney. His client burst out that he would get another lawyer, and ended the meeting. The man’s lawyer remained unruffled, empathizing with his client’s plight while of course not agreeing with the client’s outburst. Clearly, this was not the first time he had experienced a defendant going off the handle. Sadly, Rodney Dangerfield’s laments could have been about public defender lawyers, not getting enough respect from enough of their clients; nor from enough judges, who see them as having within their hands the ability to move along dockets, or not; nor from enough prosecutors, who perhaps smell the discord that can exist between a criminal…
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No FBI Pick For Now
Darlene Superville reports for AP:After saying he was "very close" to naming a new FBI director, President Donald Trump boarded Air Force One on Friday for his first foreign trip without making any comment about the future leadership of the law enforcement agency.The White House said earlier in the day that no announcement would be made.The Washington Examiner has this editorial:President Trump's last minute decision to put off the selection of a new FBI director until after his overseas trip is a good sign, perhaps even an indication that he's learned something and avoided making a mistake.In the last two days, the strange choice of former Democratic Sen. Joe Lieberman had been floated as a trial balloon. It seemed like a very bad idea, and perhaps Trump has ultimately decided to deflate it. The choice of the 75-year-old Lieberman -- who, remember, addressed the 2008 Republican convention, and also recently wrote a letter of recommendation for Jeff Sessions…
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Two southwest Missouri hospitals pay $34 million to settle whistleblower’s suit
On May 18, the Department of Justice announced that two hospitals, located in Southwest Missouri, had agreed to pay $34 million to settle civil allegations, originally brought by a whistleblower, that they submitted claims for chemotherapy services tainted by improper compensation to referring oncologists. According to DOJ’s press release: Two Southwest Missouri health care providers have agreed to pay the United States $34,000,000 to settle allegations that they violated the False Claims Act by engaging in improper financial relationships with referring physicians, the Justice Department announced today. The two Defendants are Mercy Hospital Springfield f/k/a St. John’s Regional Health Center, and its affiliate, Mercy Clinic Springfield Communities f/k/a St. John’s Clinic. Among other health care facilities, the Defendants operate a hospital, clinic, and infusion center in Springfield, Missouri. The settlement announced today resolved allegations that…
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Top Ten Favorite Albums: #10 Talk Talk: Spirit of Eden
A jazz album in terms of space.A precursor to Radiohead's later works.Sparse.Beautiful emptiness.Where Pink Floyd had crossed the same musical landscape, Talk Talk's melodies were modernized lush.Pop ambience.
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