At the Lectern

MARCH 24, 2022

The Second District, Division Six, Court of Appeal’s unpublished opinion in Nelson affirmed the dismissal of an action against the Santa Barbara Sheriff’s and District Attorney’s offices for, among other things, malicious prosecution, false imprisonment, and negligence. Lange (Oct. 30, 2019, No. California (2021) 141 S.Ct.

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JonathanTurley

MAY 12, 2021

” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” Bartow was charged under Virginia Code § 18.2-416, Winston , 199 S.E.2d 2d 724, 726 (Va. Free speech demands bright lines.

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JonathanTurley

AUGUST 5, 2021

That is common in sexual harassment cases and hostile workplaces where you can get around statute of limitations when at least one case is recent or ongoing. Forcible touching is a class A misdemeanor. That is the difference between the New York Attorney General report and a criminal case.

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JURIST

MARCH 26, 2023

The Attorney General of Guam Douglas Moylan filed the motion to reinstate the ban. Wade , does not impact the statute’s constitutionality. Additionally, the statute makes women who undergo abortion treatment guilty of misdemeanors. 20-134 , should remain in effect. Public Law No.

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The Crime Report

NOVEMBER 8, 2021

Texas authorities say they have the right to keep it under civil forfeiture statutes. But he soon found himself in a back room answering questions without an attorney. Jaba Tsitsuashvili is an attorney and Daryl James is a writer at the Institute for Justice in Arlington, Va. Photo courtesy Institute for Justice.

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At the Lectern

APRIL 29, 2021

where the Second District, Division Five, Court of Appeal, in a published opinion , affirmed almost $170,000 in attorneys fees after a jury awarded less than $22,000 for a violation of the Song-Beverly Consumer Warranty Act (commonly known as the “lemon law”) in the sale of a used car. The court granted review in Pulliam v.

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The Crime Report

MAY 16, 2022

In 2019, New York passed a bill eliminating both cash bail for most misdemeanors and non-violent felony offenses and judges’ discretion in setting bail amounts in those cases. You’re asking people to pay for their freedom and young poor people, primarily of color, don’t have that ability.”. That is what is happening.”.

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The Crime Report

SEPTEMBER 21, 2021

There is a part of the crime act that I’ve critiqued: truth in sentencing part, which did provide financial incentives to states if they would change their sentencing statutes to move back the date of eligibility for parole to a longer percent of the maximum sentence, 85 percent typically. I thought it was politically astute.

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At the Lectern

AUGUST 18, 2022

a)(2) requires written complaints of police misconduct to be accompanied by signed acknowledgements that filing a knowingly false complaint can lead to a misdemeanor prosecution. Twenty years ago, the court rejected a claim that the statute violates constitutional free speech rights. Penal Code section 148.6 (a)(2) In People v.

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JonathanTurley

AUGUST 22, 2023

” The responsibility for this theater of the absurd is Attorney General Merrick Garland who has again shown a lack of strength and leadership at a key moment for his department. Now it appears that the controversial “sweetheart deal” was not the first choice of US Attorney David Weiss. Why would that be?

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JonathanTurley

AUGUST 26, 2023

However, the greatest case for an impeachment inquiry was made by Attorney General Merrick Garland himself. the case for an inquiry came from a most unlikely source: Attorney General Merrick Garland. Attorney David Weiss was a growing concern for many observers. For House Speaker Kevin McCarthy (R-Calif.),

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JURIST

OCTOBER 20, 2021

Bannon refused, through communications made by his attorney, to produce the requested documents. The contempt of Congress statute, 2 U.S.C. § 192 , provides that if Bannon is found in contempt, he will be guilty of a misdemeanor punishable by up to one year of confinement or up to $100,000.

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JonathanTurley

DECEMBER 27, 2023

I was highly skeptical of the charges brought by Circuit Attorney Kim Gardner, who was later removed from the case due to ethical concerns. Mark McCloskey later pleaded guilty to two misdemeanors to end the case, but was then granted a pardon. Louis appeared outside of their home in an armed standoff with protesters in St.Louis.

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JonathanTurley

DECEMBER 8, 2023

The six misdemeanor charges and three felonies carry a potential sentence of 17 years for alleged tax evasion and filing a false return. The Justice Department inexplicably allowed the statute of limitations to run on the most serious allegations involving payments from years going back to 2016. It could have been worse.

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SCOTUSBlog

JUNE 28, 2024

Bannon’s attorney asserted that the information that the committee sought was protected by executive privilege – that is, the president’s power to keep information about the workings of the executive branch confidential – and that he could not override that privilege.

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JonathanTurley

AUGUST 3, 2021

Other women gave testimony on Cuomo pressing women into relationships, creating a “toxic” environment for women, and attacking not just women but the investigators (which Attorney General Letitia James called “offensive”). Under federal law, the statute of limitations is three years. That could be important in litigating these claims.

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JonathanTurley

DECEMBER 7, 2020

From bribery statutes to constitutional provisions, legal experts routinely and unfailingly conclude that Trump or his family can be prosecuted or impeached for an endless array of misdeeds. I maintained that perjury is a “high crime and misdemeanor” regardless of its subject. I held that position before Trump took office.

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JonathanTurley

NOVEMBER 27, 2020

Many criminal defense attorneys and torts attorneys give special thanks for a holiday that can involve copious amounts of alcohol, strained family relations, over-the-hill amateur football players, “Black Friday” sale stampedes , and novice cooks. faces a misdemeanor simple assault charge for allegedly intentionally blowing on people.

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JonathanTurley

NOVEMBER 2, 2024

Yesterday, Arizona Attorney General Kris Mayes became the latest Democratic prosecutor to suggest a possible criminal charge against former President Donald Trump. The statute is below. Here is the statute: 13-1202. It is absurd and Mayes knows that any such charge would collapse before any remotely objective trial judge.

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JonathanTurley

MARCH 22, 2023

C-Span/YouTube Screenshot Below is my column in USA Today on the expected indictment of former President Donald Trump and the prospect of Manhattan District Attorney Alvin Bragg putting Michael Cohen on the stand as his star witness. Yesterday, I wrote about the early skirmish between Cohen and his former counsel. Department of Justice.

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JonathanTurley

NOVEMBER 14, 2023

Trump reposted a supporter’s “fantasy” of executing a citizen’s arrest of Judge Arthur Engoron and New York Attorney General Letitia James. ” The right still exists for any felonies (or certain misdemeanors committed in the presence of the citizen). I have also criticized this New York law.

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JonathanTurley

MARCH 31, 2023

Here is the column: Manhattan District Attorney Alvin Bragg has finally made history. The only crime that has been discussed in this case is an unprecedented attempt to revive a misdemeanor for falsifying business documents that expired years ago. There could be other business or tax record charges linked to banks or taxes.

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JonathanTurley

MARCH 20, 2023

I have been critical of the indictment, which is reportedly based on a highly dubious use of a New York misdemeanor charge to revise a long dormant federal election law charge. A Section 175 charge would normally be a misdemeanor. Yet, there was no hue and cry for this type of prosecution in Washington or New York.

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JonathanTurley

APRIL 7, 2023

If there is an Ed Wood school of prosecution, Manhattan District Attorney Alvin Bragg could prove to be its most apt pupil. For many weeks, experts on both the left and the right expressed doubts that Bragg could charge Trump with falsifying business records, a misdemeanor with a now-expired two-year statute of limitation.

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The Crime Report

AUGUST 4, 2021

Andrew Cuomo’s future remains uncertain following a report by the state attorney general’s office concluding that he sexually harassed nearly a dozen women throughout his recent political career — breaking state and federal laws, NBC News and The City NYC report. . New York Gov. Photo by Welington Abraham Trump via Flickr.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. May 10, 2021).

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ClimateChange-ClimateLaw

MARCH 6, 2018

He had been convicted of misdemeanor trespass and felony criminal mischief and conspiracy to commit criminal mischief in October 2017. A second activist who filmed the action was convicted of felony conspiracy to commit criminal mischief and conspiracy trespass, a misdemeanor.

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JonathanTurley

MARCH 24, 2023

Here is the column: It appears that Manhattan District Attorney Alvin Bragg will go another week in the legal effort to locate the nation of Kailasa on a map. First, it expired as a chargeable misdemeanor after two years — and that was roughly five years ago. That theory has been widely ridiculed, even by many on the left.

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The Crime Report

APRIL 4, 2023

Yet at the press conference and Q & A following the arraignment District Attorney Alvin Bragg told the world that the 34 felony charges brought against defendant Trump were nothing more than the Manhattan office engaging in its everyday prosecution of “bread and butter” white-collar crimes.

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JonathanTurley

JUNE 6, 2022

Attorney General Merrick Garland is well on his way to setting a record for the prosecution of congressional contempt. The Justice Department has consistently refused to submit congressional contempt cases to grand juries, including a flagrant act of contempt by Obama-era Attorney General Eric Holder.

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JonathanTurley

APRIL 15, 2024

No one seriously believes that Alvin Bragg would have spent this time and money to prosecute what is ordinarily a state misdemeanor if the defendant was anyone other than Trump. That is all over a crime from before the 2016 election that is a misdemeanor under state law that had already expired under the statute of limitations.

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JonathanTurley

SEPTEMBER 5, 2022

The reason, once again, is Hillary Clinton, who remains a complicating factor in Attorney General Merrick Garland showing the public that this is not about pursuing Trump but enforcing the law. Trump has not fully explained how he allegedly declassified all of this material.

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JonathanTurley

APRIL 2, 2023

Yet now Comey is heralding the effort of Manhattan District Attorney Alvin Bragg , who campaigned on a pledge of bagging Trump for some unspecified crime. Despite the widespread criticism of Bragg for reducing charges for an array of felonies by Manhattan criminals, he spent months working to convert a misdemeanor into a felony.

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JonathanTurley

MAY 28, 2024

There is still debate among legal experts as to the specific crime that District Attorney Alvin Bragg is alleging. Trump’s lawyers are defending a former president who is charged under a state misdemeanor which died years ago under the statute of limitations. It wasn’t hush money. It was consideration.”

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JonathanTurley

MAY 24, 2024

Merchan has allowed the government to bring back into life a dead misdemeanor and convert it into 34 felony counts of falsifying business records in the first degree. Liberal commentators acknowledged the fact that Cohen had committed a far more serious offense than the converted misdemeanor against Trump (but was never charged).

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JonathanTurley

JANUARY 6, 2025

His order suggests that, if there is any interruption or delay in his sentencing, he might follow the advice of Manhattan District Attorney Alvin Bragg and suspend sentencing for four years, a terrible option that we previously discussed. One could call that passively aggressive, but it seems quite actively aggressive.

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JonathanTurley

MAY 27, 2024

Manhattan District Attorney Alvin Bragg appears to be launching his own school of abstract legal work in the Trump indictment. For many of us, Manhattan District Attorney Alvin Bragg has created a new school of abstract law where there is no need for objective meaning. The key is to avoid any objective meaning.

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