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Saturday :: June 08, 2019

Kamala Harris Defends Her Prosecutorial Record

Kamala Harris will speak in South Carolina tonight, focusing on a defense of her prosecutorial record.

“She will bust myths that claim the black community doesn’t want any type of law enforcement or that say being a prosecutor and being progressive are mutually exclusive,” the aide said. “Just as she prosecuted cases against those trying to harm the people, she will lay out the case against Trump — what she will call 'the case for a new president.’”

Kamala Harris can't run from her record, which is anything but progressive.

Time after time, when progressives urged her to embrace criminal justice reforms as a district attorney and then the state’s attorney general, Ms. Harris opposed them or stayed silent. Most troubling, Ms. Harris fought tooth and nail to uphold wrongful convictions that had been secured through official misconduct that included evidence tampering, false testimony and the suppression of crucial information by prosecutors.

You can't put toothpaste back in the tube. And Harris shouldn't be allowed to change the topic to Trump when her history comes up. It's apples and oranges.

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Friday :: June 07, 2019

Trump Calls Off Tariffs on Mexican Imports

Trump has called off his plan to impose tariffs on goods imported from Mexico. Does he expect applause for creating a crisis and then avoiding it?

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Monday :: June 03, 2019

Tromp and Circumstance: Trump Goes to England

I listened to Queen Elizabeth's opening remarks at the state dinner on the car radio early this afternoon on the way back to Denver from court. She didn't say a single nice thing about Donald Trump. She pretty much ignored him, and stuck to talking about the friendly relations the U.S. and Great Britain have shared, focusing on WWII. I only heard the beginning of Trump's remarks, in which he too stuck to WWII (although he did highlight a time in WWII when Queen Elizabeth fixed a vehicle engine.) It seemed like both of them had their aides research WWII to come up with quirky anecdotes that would offend no one.

I am beyond chagrined that someone let Trump out of the White House to represent America at an official function. In my constitutionally protected opinion, he belongs in a closet in the oval office, with his public appearances limited to the virtual world and his public comments restricted to Twitter.

As for Melania, all the media talks about are her clothes. It seems today she channeled Princess Diana. At least tonight at dinner, she didn't wear a tiara to match the Queen and Duchess Camilla. Update: I can't believe we are paying for the entire Trump brood to go on this vacation - what is Tiffany Trump's role? She not a minor, she doesn't live with Trump and she doesn't work for the White House or even the Trump re-election campaign. I wonder if D, Jr. got to bring his girlfriend. If so, they've been hiding her thus far.[More...]

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Thursday :: May 30, 2019

Thursday Open Thread

I´ve been super busy this week because I had a lot to get done before leaving tomorrow for the annual Aspen legal conference. Here is this year´s agenda. It´s always a privilege to be one of the speakers among the terrific group lawyers who speak and attend every years.

I´ll be online sporadically through the weekend and will try and post some stuff. Until then, I´ll leave the conversation to you. This is an open thread, all topics welcome.

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Tuesday :: May 28, 2019

Trump Says 1994 Crime Bill Will Sink Biden

Donald Trump claims Biden's role in passing the 1994 crime bill will cause Biden to lose the African American vote.

Biden should lose all Democrats' votes over the 1994 crime bill -- and the other dracoian bills he drafted,supported or pushed through to passage.

Joe Biden was a one-man crime band.

Joe Biden the Crime Warrior has long roots. Of course, Trump is no one to talk. Remember the ads he took out in 4 newspapers calling for the death penalty for the teens in the Central Park jogger case before they were convicted? (Their convictions were later set aside and New York City agreed to pay them $40 million).

I hope Joe Biden does not get the nomination. He's no breath of fresh air. Trump is like exhaust fumes. His criticism is nothing more than the pot calling the kettle black.

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Wednesday :: May 22, 2019

More Indictments for Michael Avenatti

How many Indictments does this make? Michael Avenatti has been charged in new indictments with ripping off Stormy Daniels and his extortionist threats to Nike.

What are the odds he can beat all of them?

The Nike extortion Indictment has dozens of references to "CC-1, who is attorney Mark Geragos. Geragos retained Ben Brafman after the failed power play made the news. It seems to me that Brafman did an amazing job keeping Geragos from getting indicted.

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Tuesday :: May 21, 2019

Tuesday Open Thread

It really did snow here yesterday -- the latest I can remember that happening. I have a cracked windshield (noticed it last week -- goes from top to bottom in an S type line) and am off to the windshied replacement place. My Jeep is 10 months old and has 2,100 miles on it. This shouldn't happen, but it did.

Here's a new open thread, all topics welcome.

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Government Seeks 17 Years for Son of Ismael Zambada-Garcia

The Government filed its sentencing memorandum today in the case of Jesus Vicente Zambada-Niebla, son of Sinaloa Cartel co-leader Ismael Zambada-Garcia, who cooperated with the government and testified against El Chapo. A post on his plea agreement is here.

Vicente has been in custody since 2010. In his own case, he initially raised the "public authority" defense and tried to convince the Court he was acting with the approval of the D.E.A. as an informant. After that failed, he became a cooperator and was interviewed more than 100 times.

He and his family will remain in the U.S. after he finishes his sentence, with new identities courtesy of the Witness Protection Program.

The government could have recommended 10 years, but it didn't. It is recommeding 17 years, 2 years more than the Flores twins. (See their history and the history of their co-consspirators here). It points out that Vicente ordered the murders and kidnappings of many people. But unlike the Flores twins, who got 14 years, he never lied.

Initially, Mexico was unhappy with the government's deal with Zambada-Niebla's cooperation deal and the plan to extradite El Chapo. I wonder what the new AMLO Admninistration feels the same.

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Monday :: May 20, 2019

Michael Cohen House Testimony Transcripts Released

Two transcripts of Michael Cohen's appearances before the House Intelligence Committee, previously under seal, were released today. Here is Adam Schiff's statement on why the Committee voted to release them.

Cohen’s February and March 2019 testimony corroborate information previously received by the Committee, including the Trump Tower Moscow deal under negotiation throughout the 2016 election season by then-candidate Donald Trump. Cohen also presented significant and troubling new detail regarding the false statement that he provided to our Committee in August 2017 and for which, in part, he is now in prison.

Since Cohen’s testimony, the Committee has already begun to follow up on information that Cohen provided related to attorneys for others involved in a joint defense agreement – including Jared Kushner and Donald Jr. and Ivanka Trump – to determine whether they aided in Cohen’s obstruction of the Committee’s investigation.

The February transcript is here, and the March transcript is here.

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Sunday :: May 19, 2019

Trump Ramps Up Vocal Threats to Iran

Donald Trump said today:

"If Iran wants to fight, that will be the official end of Iran..."Never threaten the United States again!"

How about not threatening Iran? Shouldn't that be a two way street? Just yesterday, Iran's foreign minister said:

"There will not be a war since neither we want a war nor does anyone have the illusion they can confront Iran in the region," Mohammad Javad Zarif told state news agency Irna.

Is there anyone (besides his offspring) Donald Trump is capable of peacefully co-existing with?

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Thursday :: May 16, 2019

Admissions Cheating Scandal: Updates and Thoughts

Felicity Huffman pleaded guilty in federal court in Boston Monday to one count of conspiracy to commit wire fraud/honest services fraud. Her sentencing guidelines according to the plea agreement (available here) are either 4 to 10 months (government’s calculation) or 0 to 6 months (Huffman's calculations.) Prosecutors say they will recommend 4 months in prison either way.

A jail or prison sentence is unlikely in my view. [More...]

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Tuesday :: May 14, 2019

Trump Jr. Agrees to Senate Interview

Donald Trump, Jr. has agreed to be interviewed in June by the Senate Intelligence Committee. He he will be questioned "for two to four hours on five to six topics".

One topic reportedly relates to inconsistencies between his 9 hour private testimony to the Committee in December 2017 about the the Trump Moscow project and testimony of Michael Cohen. The Wall St Journal reports:

The Senate committee wants Mr. Trump Jr. to answer questions about his previous testimony and possible inconsistencies with other witnesses’ accounts, according to people familiar with the matter. Mr. Trump Jr. in 2017 told a Senate panel he was “peripherally aware” of negotiations for a Trump Tower Moscow project. But former Trump lawyer Michael Cohen told a House committee in February that he briefed Mr. Trump Jr. about the project about 10 times.

The New York Times reports the committee also has more questions about the 2016 Trump Tower meeting. And an ally of Trump, Jr. tells the Times:

A person close to the younger Mr. Trump, who in 2018 was a highly in-demand Republican surrogate on the campaign trail, said he was grateful for the support that some Republican senators and members of the House gave him against Mr. Burr, and that he would remember it when the 2020 campaigns begin.

How typical of the Trump clan to offer re-election support in return for a showing of personal support. Only Trump Jr. has nothing to offer in 2020 other than maybe a personal appearance which is more polarizing than helpful to any Republican other than those on the far right. Just another illusion of grandeur by the non-prodigal son.

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