Watch my interview with Chris Stewart of the Law & Crime Network discussing the missing teen strangled with jumper cables.
To watch the interview CLICK HERE
* Criminal Defense Attorney * Former Prosecutor * Former Parole Board Member * 724-658-8535
Watch my interview with Chris Stewart of the Law & Crime Network discussing the missing teen strangled with jumper cables.
To watch the interview CLICK HERE
Democratic lawmakers who appeared in a social media video urging U.S. troops to defy “illegal orders” say the FBI has contacted them to begin scheduling interviews, signaling a possible inquiry into the matter, reported The Associated Press.
It would
mark the second investigation tied to the video, coming a day after the
Pentagon said
it was reviewing Democratic Sen. Mark Kelly of Arizona over potential
violations of military law. The FBI and Pentagon actions come after President
Donald Trump accused
the lawmakers of sedition and said it is “punishable by DEATH” in a
social media post.
Together,
the inquiries mark an extraordinary escalation for federal law enforcement and
military institutions that traditionally steer clear of partisan clashes. They
also underscore the administration’s willingness to push legal limits against
its critics, even when they are sitting members of Congress. Lawmakers in the
video urge troops to reject any illegal orders from their superiors, something
they are already duty-bound to do.
“President
Trump is using the FBI as a tool to intimidate and harass Members of Congress,”
a group of four Democratic House members said in a statement Tuesday.
“Yesterday, the FBI contacted the House and Senate Sergeants at Arms requesting
interviews.”
Sen. Mark
Kelly, D-Ariz., speaks during a Senate Intelligence Committee hearing, at the
Capitol in Washington, Jan. 15, 2025. (AP Photo/John McDonnell, File)
Democrats
call inquiry a ‘scare tactic’
Michigan
Sen. Elissa Slotkin, one of the six Democratic lawmakers in the video, told
reporters Tuesday that “last night the counterterrorism division at the FBI
sent a note to the members of Congress, saying they are opening what appears to
be an inquiry against the six of us.” Slotkin called it a “scare tactic by”
Trump.
“Whether
you agree with the video or don’t agree with the video, the question to me is:
is this the appropriate response for a president of the United States to go
after and seek to weaponize the federal government against those he disagrees
with?” said Slotkin.
The group
of four Democratic House members said in their statement that “no amount of
intimidation or harassment will ever stop us from doing our jobs and honoring
our Constitution.”
All six of
the Democratic lawmakers in the video have served in the military or
intelligence community.
Republican
Sen. Lisa Murkowski of Alaska criticized both inquiries on social media, saying
that accusing the lawmakers “of treason and sedition for rightfully pointing
out that servicemembers can refuse illegal orders is reckless and flat-out
wrong.”
“The
Department of Defense and FBI surely have more important priorities than this
frivolous investigation,” wrote Murkowski.
FBI
Director Kash Patel speaks with reporters during a news conference at the
Department of Justice, Wednesday, Nov. 19, 2025, in Washington. (AP Photo/Mark
Schiefelbein)
FBI
provides no insight into interview requests
The FBI
went through the top security officials for the House and Senate to request
interviews with each of the six lawmakers. The lawmakers said they had no
further information and the FBI has not made clear on what basis they were
seeking the interviews.
The FBI
declined to comment Tuesday, but Director Kash Patel, in an interview with
journalist Catherine Herridge, described it as an “ongoing matter” in
explaining why he could not discuss details.
To read more CLICK HERE
Amid President Trump’s immigration crackdown, special agents at the Homeland Security Department have made fewer arrests for drug crimes and seized fewer weapons than they did the previous fiscal year, according to internal government documents reviewed by The New York Times.
The
numbers reflect a shift in priorities as top officials at the department pulled
special agents off drug, gun and other complex criminal investigations under
pressure from the White House to deport more undocumented immigrants, current
and former federal officials told The Times.
The impact
was clear, with immigration arrests soaring. The number of people arrested by
homeland security special agents for civil immigration offenses went from
roughly 5,000 to a record of more than 94,500, the data shows.
Among the
key figures in the documents:
Narcotics
arrests fell by roughly 11 percent.
Agents
opened 15 percent fewer new investigations into narcotics crimes.
The number
of weapons seized fell dramatically, declining from nearly 41,400 to fewer than
11,200 — a 73 percent drop.
The data
comes from an internal report by Homeland Security Investigations, the agency’s
crime-fighting arm. The report offers a comparison of enforcement statistics
between Oct. 1, 2024, and Sept. 30, 2025, and the same period during the
previous year. That time frame includes roughly four months of the Biden
administration and eight months of the Trump administration.
Overall,
the report shows that criminal arrests went up to more than 46,000, a 41
percent rise. The increase was driven in part by several types of
investigations often related to immigration, such as human smuggling and
trafficking. But roughly 12,000 of the arrests were not categorized by crime
type, making it difficult to assess the kinds of cases that accounted for the
reported rise.
The
Times reported last
week that H.S.I.’s investigations into major crimes, including child
exploitation and terrorism financing, had faltered after special agents were
ordered to assist with the immigration crackdown. Dozens of officials who have
worked under the current Trump administration said the shifts had hindered
their case work.
The newly
disclosed data reveals the extent of the change under H.S.I., which is part of
Immigration and Customs Enforcement but generally focuses on criminal
investigations involving threats like financial fraud, drug smuggling and sex
trafficking, not civil immigration violations. Another component of ICE, called
Enforcement and Removal Operations, has typically handled immigration
enforcement.
The
numbers were circulated in recent days within H.S.I. but have not been released
publicly. No data is included for the fiscal years before 2024, which is also
not publicly available in similar detail.
In a
message to H.S.I. employees that accompanied the report, the agency’s acting
leader, John A. Condon, highlighted the civil immigration arrests, calling them
a “monumental achievement that underscores your operational impact and
commitment to mission.” Those arrests are counted separately from criminal
ones.
To read more CLICK HERE
Maurizio Valsania writing for The Conversation:
On
Thursday, Nov. 26, 1789, George Washington woke early. Assisted by his enslaved
valets – William
“Billy” Lee and the young Christopher
Sheels – he powdered his hair, put on his favorite black velvet suit,
tied his white neckwear and donned his yellow gloves.
Finally
ready, he set out to travel the short distance from the President’s House, at
what used to be 3
Cherry St., New York, and St. Paul’s Chapel, which still stands at 209 Broadway.
He had an
important aim that day: to celebrate Thanksgiving. Washington had thought
carefully about this Thanksgiving, the first of his presidency. On Oct. 3,
1789, following the recommendation of a joint committee of the Senate and House
of Representatives, Washington had issued a proclamation.
He urged the people of the United States to celebrate “a day of public
thanksgiving and prayer.”
But
Washington believed that particular Thanksgiving in 1789 was a crucial
occasion. He would use it to call on the people he now led to hold their new
country together in the face of forces that he knew could pull it apart.
Devotion
in the service of unity
It was not
the first Thanksgiving Americans celebrated. The first took
place at Plymouth colony in the autumn of 1621 – Pilgrims held a feast to thank
God for their first harvest and invited members of the neighboring Wampanoag
tribe.
It was not
even the first national Thanksgiving – which was held on Dec.
18, 1777, at then-General Washington’s behest. Nor was Thanksgiving yet a
federal holiday to be observed every last Thursday of November – it became so
with the 1863
proclamation of President Abraham Lincoln.
Nov. 26,
1789, was a Thursday, and the weather was miserable. Few New Yorkers showed up
at St. Paul’s Chapel to see the president: “I
went to St. Pauls Chapel,” Washington wrote in his diary, “though it was
most inclement and stormy.” There were “but few people at Church.”
The
president had prepared for the occasion. He also contributed a sizable sum of
his own money to buy beer and food for prisoners confined for debt in the New
York City jail. The donation was deemed to be a magnanimous and moving gesture,
suitable to the spirit of the holiday. A week later, in an advertisement in
the Dec. 3 issue of
the New York Journal, those very prisoners returned their “grateful thanks”
to their president “for his very acceptable donation on Thursday last.”
Washington’s
first Thanksgiving as a president may have not been tremendously successful,
given the scarce attendance at the church service.
Yet, as a
scholar writing a biography about Washington, I believe it was an important
step in his much larger political plan to bring the executive branch to the
people’s doorstep.
What
Washington wanted was a virtuous kind of populism in the new country he led.
Washington’s populism wasn’t about inciting an angry mob; it was about sharing
in their rituals, worshiping their God, speaking their own language. And he did
so in the sole interest of the American people.
Thanksgiving
1789, for Washington, was at once religious and more than religious.
Washington’s proclamation invoked devotional language, literally. The upcoming
festivity, in his
words, could “be devoted by the People of these States to the service of
that great and glorious Being, who is the beneficent Author of all the good
that was, that is, or that will be.”
But
Washington’s main concern was political. The nation was recently formed, and he
feared that it could easily collapse. Its many internal divisions and separate
interests could be lethal. Consequently, the president wanted this holiday to
be a civic celebration in which “we may then all unite.”
‘Pardon
our national…transgressions’
As its
first president, Washington recognized that the United States was born out of
slavery, conquest and violence as much as of sacred principle. Civic
unification required acknowledgment of these flaws. Thus, in the proclamation,
Washington asked God “to pardon our national and other transgressions.”
A tremendously self-aware man,
Washington knew that he was a deeply flawed person himself.
He was a
slave owner, a relentless pursuer of African American fugitives and a destroyer
of Native American villages. He was also a warrior who deployed brutality
against enemies. He was a commander who resorted to corporal punishment with
his own soldiers. Washington believed that he was not a saint to be mindlessly
imitated. This made him humble in his duties.
More
importantly, Washington also grasped the power of his symbolic position as
president. He sought to leverage that for the good of the nation.
As
president, Washington could not advertise his actions effectively via Twitter
and social media. He had to show himself around constantly, no matter the
weather. He had to painstakingly attend balls, plays, dinners, public
receptions and of course the church. Every occasion, every Thanksgiving
counted.
Through
his outings, Washington met with a diversity of people, including those who
were second-class citizens or were not citizens at all. Women, for example,
greeted Washington at nearly every stop of the extended presidential
trips he took between 1789 and 1791. Textile workers in New England, Jewish
leaders in Newport, many enslaved persons in the South and churchgoers
everywhere did the same.
These
women and men, in bondage or free, believers or skeptics, played a part in the
invention of a new political theater. Maybe, it was just a theatrical illusion.
But these individuals – just like the prisoners in the New York City jail –
thanked President Washington because they felt they were voices in a larger
political culture.
Washington
made sure his Thanksgiving message – not simply a message, but a “proclamation”
– sounded clear and strong: May God “render our national government a blessing
to all the people, by constantly being a Government of wise, just, and
constitutional laws, discreetly and faithfully executed and obeyed.”
To read more CLICK HERE
President Donald Trump accused six Democratic members of Congress of committing sedition, a claim that his administration has stuck to amid a fierce national debate that began when the lawmakers urged military and intelligence personnel to “refuse illegal orders.”
The
Democratic members, who are all veterans or members of the intelligence
community, shared a video online last week in which they accused
Trump’s administration of pitting service members against American citizens and
warned against orders that would violate the Constitution, reported the Philadelphia Inquirer.
The
lawmakers did not reference specific orders, but members have spoken against
strikes in the Caribbean and Trump’s deployment of the National Guard in
American cities — both of which have faced legal scrutiny — as cause for
concern.
Trump
first responded to the video with a string of posts on his social media platform, Truth
Social, calling for the lawmakers to be arrested and put on trial for sedition,
“punishable by DEATH,” and sharing posts against them, including one that
called for them to be hanged.
Two of the
members represent Pennsylvania: U.S. Reps. Chrissy Houlahan (D., Chester), an
Air Force veteran, and Chris Deluzio (D., Allegheny), a Navy veteran.
On Monday,
the Department of Defense announced that it would investigate Sen. Mark Kelly
(D., Ariz.), a former naval officer and the one veteran in the video who is
still obligated to follow military laws because he served long enough to become
a military retiree. The announcement threatened to call Kelly back to active
duty for court-martial proceedings.
On
Tuesday, a Justice Department official told Reuters that the FBI has requested
interviews with the Democrats who appeared in the video, which some of the
lawmakers publicly corroborated. The FBI declined to comment when reached by
The Inquirer.
As the
debate over the video escalates in the wake of Trump’s sedition accusation and
his administration’s actions, a rarely used charge and the intricacies of
military law have been thrown into the spotlight.
What is
sedition, and is it punishable by death?
Sedition
is an incitement of a rebellion or encouragement of attacking authority, or, in
other words, the intent to overthrow the government, according to legal and
military experts. When acting with others, it is called seditious conspiracy.
Members of
the Proud Boys and Oath Keepers were convicted of seditious conspiracy for the
attack on the U.S. Capitol on Jan. 6, 2021, but within hours of beginning his
second term, Trump granted sweeping pardons and commutations for those charged in
the riot.
For
civilians, sedition is a violation of federal law and carries prison time. It
is not punishable by death.
Active-duty
military, however, must follow the Uniform Code of Military Justice (UCMJ).
While the military law has overlap with civilian law, it is more expansive,
controlling, and strict, said Sean
Timmons, a Houston-based attorney specializing in military law who
previously served as an active-duty U.S. Army captain in the U.S. Army Judge
Advocate General (JAG) program.
“In the
civilian world you have a lot more defenses, and you have full First Amendment
protections,” said Timmons, a managing partner at Tully Rinckey PLLC. “Whereas
in the military, your First Amendment rights are quite limited.”
The
maximum punishment for active military is death, but it can be far lower, he
said.
Service
members must be on active duty to be prosecuted under the UCMJ, but the conduct
does not have to have taken place during active duty. This means that retirees
like Kelly can be recalled for active duty to face UCMJ prosecution over their
behavior while they were not on active duty.
What is an
illegal order?
Members of
Trump’s administration have pointed to the UCMJ rule that says members must
follow lawful orders and orders should be presumed to be lawful. Service
members can be punished for not following orders.
However,
military rules also prohibit service members from following orders that are
undoubtedly illegal — a point the lawmakers get at in their video — and they
can be punished for doing so.
But
whether orders are legal is supposed to be up to officers, not rank-and-file
members, Timmons said.
“If you
don’t comply, you could be charged with failure to follow orders and other
crimes,” he said.
The
exceptions (those obviously illegal crimes) would be war crimes like raping
prisoners, deliberating killing civilians without justification, or torture,
not day-to-day acts that would break the law, he explained.
Take the
example of burning down an enemy’s structure.
“If your
military unit says to burn it down because it’s part of the military objective,
that’s a lawful order, even though it’s an illegal act,” he said. “It’s a war
crime if it’s to burn down a daycare with kids inside.”
The boat
strikes in the Caribbean have been in a legal gray area, he said, but “if
your command says it’s legal, you’re supposed to execute.”
“The
military system is harsh, cruel, and unfair … but it’s the system we have in
place, and it’s designed that way to ensure discipline, obedience, and
compliance,” he added.
Did the
lawmakers commit sedition?
Claire
Finkelstein, founder and faculty director of the Center for Ethics and the
Rule of Law at the University of
Pennsylvania’s Carey Law School and an expert in military ethics, said
accusing the lawmakers of sedition “makes absolutely no sense, especially in a
case in which they’re just reminding servicemen of their obligation not to
follow illegal orders, which is a fundamental part of the UCMJ.”
“One has
to really work hard to fill in the blanks here,” she said.
Timmons
said five out of the six lawmakers have their freedom of speech to rely on as a
protection.
“Just
having divergent political views that the commander-in-chief doesn’t like, for
civilians, there’s no liability, there’s no repercussions,” he said.
That
doesn’t mean Trump’s administration cannot investigate them for “seditious
behavior” anyway.
Kelly, on
the other hand, was “on thin ice” by participating in a video that seems to
undermine Trump’s authority, he said, and it’s not “totally crazy” to argue he
engaged in seditious behavior under military law.
That being
said, prosecutors would have to prove that his intent was to “cause a revolt
within the ranks,” which would be “very hard,” he said.
“But could
they make him miserable and humiliate him and charge him? Yes,” he said.
“Is that
politically wise? Absolutely not. Is it reckless? Of course. But, technically,
can they do it? Yes,” he added.
What are
members of Trump’s administration saying?
White
House press secretary Karoline Leavitt told
reporters on Monday the White House supports the investigation into Kelly
and accused him of trying to “intimidate” active-duty members with the video.
“Sen. Mark
Kelly well knows the rules of the military and the respect that one must have
for the chain of command,” she said.
“You can’t
have a functioning military if there is disorder and chaos within the ranks,
and that’s what these Democrat members were encouraging,” she added.
In a
social media post on Monday, Defense Secretary Pete Hegseth called the
lawmakers the “seditious six.”
To read more CLICK HERE
Watch my interview with Lindsay McCoy on WFMJ-TV21 examining the dismissal of criminal charges against James Comey and Letitia James.
To watch the interview CLICK HERE
State lawmakers have moved a proposal to standardize and expand programs that divert children to alternatives to the criminal justice system after they’re arrested. Supporters say the approach yields positive outcomes. reported the Pennsylvania Capital-Star.
House
Bill 144 would require counties to offer diversion to minors facing
non-violent felony and misdemeanor charges, unless it’s their third or
subsequent offense within three or fewer years.
“Decades
of research show us unequivocally that when youth are charged with less serious
crimes, they have better outcomes – for public safety and in their lives – when
they are diverted from the juvenile justice system,” said sponsor Rep. Rick
Krajewski (D-Philadelphia).
The
measure also would prohibit diversion programs from requiring kids to plead
guilty or to pay any fees.
Utah,
Washington, Kentucky and South Dakota are among states where standardized
requirements for diversion programs have been linked to reduced
recidivism and incarceration among children.
In
Pennsylvania, all counties do offer diversion of some kind. And the vast
majority of first-time juvenile offenders – more than 80% annually during
2020-24 – in Pennsylvania end up being diverted before their cases are fully
adjudicated, according to the state’s Juvenile Court Judges Commission report from 2024.
But some
advocates say programs’ setup and utilization rates vary widely across the
commonwealth.
The range
was between 2% (Monroe County) and 69% (York County) of young people diverted
before formal charges were filed, according to data in a report released by
the state’s Juvenile Justice Task Force in 2021.
“While we
acknowledge that there are many local actors who are implementing diversion
programs effectively, it cannot be ignored that a lack of guidance from our
state statute means that a youth in Lancaster may not have the same opportunity
for a second chance as a young person in Philadelphia or even York,” Krajewski
said. “As a state legislator, it is my responsibility to ensure that every
child, no matter their zip code or county, is given the same fair shot.”
Juvenile
Court Judges Commission (JCJC) Executive Director Robert Tomassini raised
concerns about relying on that data, which is from 2018, during an informational
hearing about the bill earlier this fall.
The
commission’s report from 2024 provides more recent statistics. They’re based on
allegations rather than individuals.
However,
this metric likewise ranges widely among counties between 35% (Monroe) and 96%
(Northumberland), according to Children First PA.
Tomassini
didn’t respond to requests for comment; JCJC colleagues deferred to him.
The House
Children & Youth Committee passed the bill, 21-5, before recessing for the
holidays.
Rep. Scott
Barger, who represents parts of Blair and Huntingdon counties, is among
Republicans who voted in favor of the bill. He said he’s experienced
diversion’s effectiveness firsthand as a vocational minister working alongside
faith-based and secular programs.
“I’ve seen
diversion programs kind of intercept some of these kiddos from being treated as
though they’ve got no hope for redemption, and bumping them towards a second
chance or a different way of looking at life,” said Barger, adding he
does have some concerns about what expanding diversion would cost local
governments.
Research
has documented saving money from using diversion
short term because the programs cost less than “formally processing youth” –
including potential stays in juvenile detention or residential placement. Studies have shown long-term benefits of diversion,
including better public safety outcomes and enhanced life prospects compared to
formal justice system processing.
Republicans
Kate Klunk (York County), Brenda Pugh (Luzerne), Jamie Walsh (Luzerne), Gary
Day (Lehigh) and John Schlegel (Lebanon) voted against it.
The
measure echoes some of the recommendations from the Juvenile Justice Task
Force. Diversion was among main focus areas for the panel, convened
in the wake of revelations of abuse at Glen Mills in Delaware County and other
residential facilities.
Since the
task force released a report with recommendations four years ago, two laws have
since been enacted that explicitly address issues raised, according to Stefanie
Arbutina, policy director of Children First PA, which tracks related
legislation.
One
requires courts to revisit kids’ cases more frequently (every three months
instead of every nine). Another standardizes the expungement process,
establishing automatic triggers for courts to clean out minors’ records.
Both stem from legislation sponsored by state Sen. Lisa Baker, a
Republican representing all of Wyoming and Susquehanna counties and parts of
Wayne and Luzerne counties. She serves as chair of her chamber’s Judiciary
Committee.
To read more CLICK HERE
On Sept.
30, when I wrote for Law&Crime about why James Comey's lawyers should be happy after his indictment,
I underestimated the weakness of the government's case against the former head of
the FBI.
The indictment against Comey charges him with lying to and
obstructing Congress during an appearance he made in September 2020 in front of
the Senate Judiciary Committee. At the hearing, he was asked questions about
whether he had authorized anyone at the FBI to serve as an anonymous source in
newspaper articles about the Russian election interference investigation.
This past
September, Erik Siebert, interim U.S. Attorney for the Eastern District of
Virginia, was being pressured by the Trump administration to indict Comey.
Seibert resisted, presumably because the U.S. ttorney's office felt the case
lacked merit. He voiced concerns about the viability of the case and his
office's memo declining prosecution.
On Sept.
19, Trump said he wanted Siebert "out." Siebert resigned later that
day. The following day on social media, President Trump demanded Attorney
General Pam Bondi appoint a replacement for Siebert and bring charges against
Comey, New York Attorney General Letitia James, and Sen. Adam Schiff, D-Calif.
Trump continued, "we can't delay any longer."
That
social media post by the president was a gift — a gift that keeps on giving. As
the Jeffrey
Epstein scandal forced the president to capitulate to Congress
on the release of the investigative files, Trump publicly
asked Bondi to go after "Democrats" linked to Epstein.
Months
ago, Bondi said there were no more criminal charges coming from the Epstein
evidence.
Her
response to Trump's post: "Thank you, Mr. President. SDNY U.S. Attorney
Jay Clayton is one of the most capable and trusted prosecutors in the country,
and I've asked him to take the lead. As with all matters, the Department will
pursue this with urgency and integrity to deliver answers to the American
people."
Comey's
attorneys, as expected, have asked the federal judge overseeing the case to
dismiss the charges against him because they were politically motivated, a vindictive
prosecution against a political enemy of the president.
According
to Politico, one of Comey's lawyers, Michael Dreeben, a former
deputy solicitor general who has argued more than 100 cases before the U.S.
Supreme Court, seized on Trump's post and Bondi's acquiescence.
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In a
hearing this week, Dreeben spent an hour laying out why the court should
conclude that the indictment against Comey was brought solely because of
Trump's "personal animus" toward Comey.
To no
one's surprise, Dreeben pointed to Bondi's recent kowtowing to Trump on yet
another call for political retribution. "We have never before seen in this
country a blatant use of criminal justice to achieve political ends,"
argued Dreeben.
How can
things possibly get worse for the Comey prosecution? Well, let me tell you.
When Trump fired Seibert, Lindsey Halligan was appointed interim U.S. attorney.
With literally no experience in criminal law, Halligan was forced to seek a
grand jury indictment before the statute of limitations on Comey's alleged
crimes expired on Sept. 30, 2025.
Apparently,
the novice prosecutor who was charged with getting an indictment against a
former director of the FBI may have made some mistakes. First, during the
hearing, Halligan allegedly misrepresented to the grand jury that Comey could
not exercise his Fifth Amendment right to remain silent. I don't know if that
is a fatal error, but anyone who has a television knows that suspects and
defendants — real or written into a crime drama script — have "the right
to remain silent."
The more
interesting problem, one that Halligan admitted in court on Nov. 19, is that
apparently not all grand jurors had an opportunity to review the two-count
indictment, approved after the grand jury rejected one of the counts in the
initial three-count indictment.
U.S.
District Judge Michael Nachmanoff briefly asked Halligan to answer some
questions. He told Halligan, "You're counsel of record. You can address
the court," asking her to explain whether any grand jurors beyond the
foreperson were present when the original indictment and a narrower substitute
were presented to a magistrate judge.
"The
foreperson and another grand juror was also present," Halligan said,
apparently confirming that a significant majority of jurors did not see the
second indictment.
According
to Politico, the judge said he "just wanted to make sure" that the
indictment had not been seen by the full grand jury. Again, Halligan confirmed
that it had not.
The
prosecution of Comey appears to be in serious jeopardy. Nachmanoff could rule
as early as next week.
Matthew T.
Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book
The Executioner's Toll (2010) was released by McFarland Publishing. He is a
regular contributor to Law & Crime. You can reach him at www.mattmangino.com and follow him
on Twitter @MatthewTMangino
To read more CLICK HERE
A UAB football player stabbed two teammates Saturday morning, hours before the team's game against USF, the university said in a statement, reported ESPN.
The two
wounded players were in stable condition, interim coach Alex Mortensen said at
the postgame news conference. He added that the team decided to play to honor
graduating seniors in the last home game of the season, though several players
understandably sat out due to the incident.
The
teammate suspected in the stabbing was in custody, the university said. The
school did not release the names of the players involved.
Daniel Mincey, an offensive lineman who transferred to the
school in May, was arrested and booked on charges of aggravated assault and
attempted murder in the afternoon, according to Jefferson County Jail records.
He was in custody in Birmingham and appeared to be the only UAB player arrested
Saturday.
It was not
immediately clear if Mincey had legal representation. Attempts to reach family
members for comment were not immediately successful.
UAB
officials would not confirm that Mincey was involved.
The team's
online roster lists Mincey as a 6-foot-4 redshirt freshman from Pompano Beach,
Florida, who was previously at the University of Kentucky.
Mortensen
said that once the team decided to play, the Blazers focused on their normal
game-day routines. He also said counseling was being made available for players
who want it.
The coach
declined to share further details about the incident, citing the ongoing
investigation.
The
stabbing occurred on campus at the Football Operations Building.
The
Blazers lost
48-18 to USF to fall to 3-8 this season and 1-6 in the American
Conference. Their last game is Nov. 29 at Tulsa.
To read more CLICK HERE
Rachel Leingang of the Guardian writes:
It’s one
outrage in days full of outrageous material.
“Quiet,
piggy,” Donald Trump told
a female reporter in a press gaggle, pointing his finger at her
angrily.
It wasn’t
the first time – not even the hundredth time – the US president has attacked
the media. And it’s hard for any storyline to break through the
administration’s “flood the zone” strategy, much less one like this. Nothing
seems to stick. But the “quiet, piggy” clip has taken off, several days after
the admonishment occurred on Air Force One last Friday, and without much help
from the media itself.
“I don’t
know why the ‘Piggy’ thing is bothering me so much,” wrote Hank Green, a
YouTuber and author. “It’s one more unforgivable thing in a list of 20,000
unforgivable things, but I’ve been mad about it for like 12 straight hours.”
Trump is
going through a string of losses: Democrats dominating in off-year elections,
having to reverse course on the Epstein files, Republicans refusing to get rid
of the filibuster to end the shutdown, a faltering economy. There’s a
possibility that he’s losing his air of impenetrability, and his grip on the
right could maybe, just maybe, be loosening.
The anger
he displayed in the clip could be a sign of someone on the back foot,
overreacting to a question Bloomberg correspondent Catherine Lucey was asking
about why Trump was fighting against releasing the Epstein files “if there’s
nothing incriminating in the files”. The files related to the child sexual
abuser released so far by Congress show that Epstein communicated regularly,
and derogatorily, about women with a host of prominent friends.
Lashing
out at a female reporter with a derogatory insult amid a news cycle dominated
by politicians splitting hairs over a man who ran a sex-trafficking outfit – it
was pretty on the nose.
But the
clip also pinged around the internet in the same news cycle as Trump telling
another female reporter it was rude to ask Saudi Arabian crown prince Mohammed
bin Salman about the murder of Jamal Khashoggi, a Saudi journalist whom the CIA
determined was killed at the direction of the crown prince.
“You’re
mentioning somebody that was extremely controversial,” Trump said of Khashoggi,
responding to a question from ABC News’s Mary Bruce. “A lot of people didn’t
like that gentleman that you’re talking about. Whether you like him, or didn’t
like him, things happen. But he knew nothing about it, and we can leave it at
that. You don’t have to embarrass our guest by asking a question like that.”
The
combined force of two outbursts at female journalists in a single news cycle –
for asking about a child sexual abuser and a murdered colleague – went beyond
the standard-fare Trumpian attacks on the media.
Part of
the collective ire could be that no one in the press gaggle jumped to Lucey’s
defense in the video, underlining that those attacked by Trump often stand
alone while others fear becoming next on his list; the media backbone that
stiffened in his first term has wilted, under exhaustion and at the hands of
Trump-friendly owners, in his second. The condemnations of Trump and accolades
for both journalists came after the fact.
“These
incidents are not isolated; they are part of an unmistakable pattern of
hostility – often directed at women – that undermines the essential role of a
free and independent press,” the Society of Professional Journalists said in
a statement Wednesday.
The White
House, meanwhile, has doubled down on the comment, saying Lucey had “behaved in
an inappropriate and unprofessional way towards her colleagues on the plane”,
providing no details on what that meant. “If you’re going to give it, you have
to be able to take,” they said.
Beyond the
clip’s power to outrage, though, is a sign that the leftwing media ecosystem
and its creators are starting to command attention and elevate stories that
media outlets aren’t jumping on. As Democratic digital strategist Parker Butler
pointed out on X, the “quiet, piggy” clip grabbed millions of views on online
accounts four days after it happened, saying: “It got almost NO coverage when
he said it … A viral post can shape an entire news cycle.”
And some
Democrats who’ve taken the strategy of being Trump back to Trump, including
California governor Gavin Newsom’s
press office, are using the clip to bully the president back, Photoshopping
Trump’s face onto pigs and repeatedly tweeting “quiet, piggy”.
In Trump
2.0, you never know which affronts to decency will stick in people’s minds.
This one, though, has a symbolism that seems to be resonating.
“Portland
has reclaimed the frog as a symbol of its resistance to Trump’s efforts to
militarize the city,” former US attorney and commentator Joyce Alene wrote on
X. “Perhaps women should claim the glamorous, sassy Muppet Miss Piggy, a known
diva with a fierce karate chop, as their own symbol.”
To read more CLICK HERE
The 44th Execution of 2025
Richard Barry Randolph convicted of raping and fatal beating his manager at a Florida convenience
store in 1988 was put to death on November 20. 2025 in the state’s record 17th
execution this year, reported The Associated Press.
Randolph, 63, was pronounced dead at 6:12 p.m. following a three-drug
injection at Florida State Prison near Starke. Randolph was convicted of
murder, armed robbery, sexual battery and grand theft and sentenced to death in
1989 for the killing of Minnie Ruth McCollum.
The
curtain to the death chamber went up exactly at 6:00 p.m., the scheduled
execution time, and authorities began administering the drugs two minutes later
after Randolph had no last words.
As the
drugs flowed, Randolph’s eyes were closed and his face twitched slightly. He
breathed heavily for a few minutes before going still, the color drained from
his face. A warden shook Randolph and yelled his name, but there was no
reaction and no movement. A medic was called in at 6:11 p.m. and Randolph was
subsequently pronounced dead.
Jordan
Kirkland, a spokesman for the Department of Corrections, said at a news
briefing afterward that the family of the victim had asked him to thank Gov.
Ron DeSantis on their behalf. Kirkland said earlier that three members of the
victim’s family had planned to be witnesses but he didn’t elaborate.
DeSantis,
the Republican who signed the death warrant, has ordered more executions in a
single year than any Florida governor since the death penalty was reinstated in
the U.S. in 1976. The previous state record was eight executions in 2014.
DeSantis said recently that his goal is to bring justice to victims’ families
who have waited decades for the death sentences to be carried out.
According
to court records, Randolph attempted in August 1988 to break into the safe at a
convenience store in Palatka, where he had previously worked. Randolph was
spotted by the manager, McCollum, and the two began to struggle.
Randolph
then beat, strangled, stabbed and raped McCollum before leaving the store and
taking the woman’s car, the records show.
Three
women witnessed Randolph leaving the store and called the sheriff’s office
after seeing through the window that the store was in disarray. A deputy
responded and found McCollum still alive. Taken to a hospital in a coma, she
died six days later of severe brain injuries, according to doctors.
Randolph
was arrested shortly afterward at a Jacksonville grocery store while trying to
borrow money and also cash in lottery tickets stolen from the convenience
store, according to deputies. Investigators said Randolph admitted to the
attack and directed them to bloody clothing he had discarded.
The
Florida Supreme Court denied Randolph’s appeals last week. He had argued that a
lower court had abused its discretion in denying him access to public records
and that his own lawyers had acted without his consent. The U.S. Supreme Court
denied Randolph’s final appeal Thursday morning.
Including
Randolph, a total of 44 men have died by court-ordered execution this
year in the U.S., and more than a dozen other people are scheduled to be put to
death during the rest of 2025 and next year.
Florida
has executed more people than any other state this year, trailed by Alabama,
South Carolina and Texas with five each. Two more executions are planned next
month in Florida under death warrants signed by DeSantis.
Mark
Allen Geralds, 58, is scheduled for Florida’s 18th execution on Dec. 9. He
was convicted of fatally stabbing a woman during home invasion robbery.
Frank
Athen Walls, 58, is set for Florida’s 19th execution on Dec. 18. He was
convicted of fatally shooting a man and woman during home invasion robbery, and
he later confessed to three other killings.
Florida’s
lethal injections are carried out with a sedative, a paralytic and a drug that
stops the heart, according to the state Department of Corrections.
To read more CLICK HERE
The videos have become commonplace. Federal officers wearing masks and bulletproof vests subdue a moped driver in the middle of a busy D.C. street. A 70-year-old protester in Chicago is pushed to the ground by an armed Border Patrol agent holding a riot gun. In Los Angeles, an agent shoves away a demonstrator, reported The Atlantic.
These
videos capture the aggressive tactics of immigration officers under the second
Trump administration. But they share something else, too. In each instance,
following documented violence by federal officers toward protesters and
immigrants, the Justice Department pressed charges—against the victim of
that violence. Those three people, according to the DOJ, had all broken a law
prohibiting “assaulting, resisting, or impeding” federal officials.
As the
government continues to attempt mass deportations, that law, Section 111 of
Title 18 of the U.S. Code, has become a favored tool of the Justice Department
for painting opposition to immigration enforcement as a corrosive, lawless
force. The Departments of Justice and Homeland Security often describe these
cases in exaggerated language, even referring to defendants as
“domestic
terrorists,” though the law has nothing to do with terrorism. Across the
country, prosecutors have charged case after case in federal court—one against
a member of Congress; one against a congressional candidate; another against
a bystander who happened to walk by a protest at the wrong time; and,
most memorably, another against a Washington,
D.C. man who hurled a sandwich at a Customs and Border Protection
officer, creating an instant symbol of protest for a city patrolled by the
National Guard and other federal forces.
To read more CLICK HERE
McCarthyism
hearkens back to a dark time in American history. The term has entered
political nomenclature to describe government activity that suppresses
unfavorable political or social views. The American Heritage Dictionary defines
McCarthyism as "The use of methods of investigation and accusation
regarded as unfair, to suppress opposition."
Sen.
Joseph R. McCarthy was a little-known junior senator from Wisconsin until
February 1950, when he claimed, in a speech given in Wheeling, W.Va., that he
possessed a list of 205 card-carrying Communists employed by the U.S.
Department of State.
The speech
launched Sen. McCarthy into the national spotlight. Although the blacklisting
of Hollywood luminaries is often thought of as a McCarthy-era witch hunt, the
sinister work of the House Un-American Activities Committee predated him.
However,
McCarthy's subsequent anti-communist crusade heavily contributed to the climate
of fear and blacklisting that followed, and impacted many people in Hollywood,
academia, business and the military.
As
chairman of the Senate Permanent Investigation Subcommittee, Sen. McCarthy
conducted hearings on communist subversion in America and investigated alleged
communist infiltration of the Armed Forces.
Some have
pointed to — with growing concern — similarities between McCarthy and the Trump
administration. Ruth Conniff of the Wisconsin Examiner interviewed David
Maraniss, a Pulitzer Prize winner and author of "A Good American Family:
The Red Scare and My Father," a book about his father's journey after
being blacklisted during the McCarthy era.
Maraniss
told Conniff, "There are several obvious haunting similarities,"
between McCarthy and President Donald Trump, "the demonization of others,
the calling of all opponents Marxist or communists or enemies of the state, the
gross manipulation of truth, the use of fear to stifle dissent and pressure to
silence the media or get the press to go along."
Maraniss
ominously pointed out, "McCarthy was only a senator, and now we're dealing
with the president, with full control of the levers of power which McCarthy did
not have, ranging from the Justice Department to the military."
During the
first year of Trump's second term, the federal government has aggressively
cracked down on political expression reminiscent of some of the most troubling
periods in America's history.
The
administration has asked for — and been provided with — the prosecution of the
president's political opponents. They have fired government employees for
taking positions perceived as disloyal to Trump. They have even gone after
unfriendly law firms, withdrawing security clearances and government contracts.
The
Department of "Defense" is now the Department of "War."
Nearly all national news organizations are banned from the Pentagon. The
president pushed for blocking AP reporters from the White House press pool
because the wire service refused to refer to the Gulf of Mexico as the
"Gulf of America."
Trump
pushed to withhold funding for colleges and universities, coaxing large
payments to reinstate funding. He has investigated media companies, filing
lawsuits and demanding huge settlements by implying industry mergers may be in
jeopardy.
Is there a
tipping point when it comes to the authoritarian machination of the Trump
administration? For all the unease, discomfort and fear caused by McCarthy, his
reign of fear lasted all of four years.
For Sen.
McCarthy, public sentiment turned against him following his reckless attacks on
the U.S. Army in the summer of 1954. The Army had retained a noted attorney,
Joseph Welch, who challenged McCarthy on live television.
In an
exchange that became historic, McCarthy brought up the fact that a young lawyer
in Welch's office had once belonged to an organization suspected of being a
communist front group. Welch was angered by McCarthy's blatant attack on his
young associate. He responded with vigor and emotion, pointedly asking
McCarthy, "Have you no sense of decency sir, at long last? Have you left
no sense of decency?"
Within six
months, McCarthy was censured by the U.S. Senate. In less than three years, he
died a disgraced and broken man.
Matthew T.
Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book
The Executioner's Toll, 2010 was released by McFarland Publishing. You can
reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino
To visit Creators CLICK HERE
Watch my interview with Elizabeth Millner of Law & Crime Network regarding the murder of an Alabama high school cheerleader at a bonfire with friends.
To watch the interview CLICK HERE
A federal magistrate judge said that the criminal case against James B. Comey, the former F.B.I. director, could be in trouble, according to The New York Times. The case is in jeopardy because of a series of apparent errors committed in front of the grand jury by Lindsey Halligan, the inexperienced prosecutor picked by President Trump to oversee the matter.
The
remarkable rebuke of Ms. Halligan came in a 24-page ruling in which the magistrate judge,
William E. Fitzpatrick, ordered her to give Mr. Comey’s lawyers all of the
grand jury materials she used to obtain the indictment and raised the question
of whether “government misconduct” in the case might require dismissing the
charges altogether.
In his
ruling, Judge Fitzpatrick said that when Ms. Halligan appeared — by herself —
in front of the grand jury in September to seek an indictment accusing Mr.
Comey of lying to and obstructing Congress in 2020 testimony, she made at least
two “fundamental and highly prejudicial” misstatements of the law. He also
pointed out that the grand jury materials he ordered her to turn over to him
for his review this month appeared to be incomplete and “likely do not reflect
the full proceedings.”
“The court
is finding that the government’s actions in this case — whether purposeful,
reckless or negligent — raise genuine issues of misconduct, are inextricably
linked to the government’s grand jury presentation and deserve to be fully
explored by the defense,” Judge Fitzpatrick wrote.
As part of
his ruling, the judge ordered prosecutors to provide Mr. Comey’s lawyers by
Monday evening with the same grand jury materials that he himself has already
looked at — a measure he described as “an extraordinary remedy.” Typically,
grand jury notes are kept secret before trial, even from defendants and their
lawyers.
But the
disclosure was needed, Judge Fitzpatrick said, to permit Mr. Comey’s legal team
to delve into the question of whether Ms. Halligan and an F.B.I. agent who
testified in front of the grand jury had conducted themselves properly when
they secured the indictment.
Minutes
before the first portion of the grand jury notes were to be handed over to Mr.
Comey’s legal team, prosecutors filed an emergency request seeking to halt
Judge Fitzpatrick’s order. Calling it “contrary to law,” the prosecutors said
they wanted to quickly raise objections to the ruling in front of Judge Michael
S. Nachmanoff, the district court judge who is overseeing the case.
The ruling
by Judge Fitzpatrick was only the most recent setback in the Justice
Department’s efforts to bring charges against Mr. Comey — a decision that was
initially rejected by Ms. Halligan’s predecessor as U.S. attorney for the
Eastern District of Virginia, Erik S. Siebert. In an extraordinary move, Mr.
Trump ousted Mr. Siebert in September to make way for Ms. Halligan
after he suggested there was insufficient evidence to file an indictment
against Mr. Comey.
Judge
Fitzpatrick’s harsh words came just days after a different judge involved in
the Comey case raised doubts about a separate question pertaining to Ms.
Halligan: namely, whether Attorney General Pam Bondi had lawfully
appointed her to her post as U.S. attorney in the first place. The
judge overseeing that issue said she would make a decision on the matter by
Thanksgiving.
The
indictment against Mr. Comey charges him with lying to and obstructing Congress
during an appearance he made in September 2020 in front of the Senate Judiciary
Committee. At the hearing, he was asked questions about whether he had
authorized anyone at the F.B.I. to serve as an anonymous source in newspaper
articles about sensitive investigations.
Ms.
Halligan, who had never worked on a criminal case until she was thrust into the
Comey prosecution, has faced extensive scrutiny from the moment Mr. Trump
installed her atop the U.S. attorney’s office in the Eastern District of
Virginia against the wishes of many career prosecutors there. Her critics have
pointed out that her previous experience in the law was limited to working as
an insurance lawyer and serving as a personal lawyer to Mr. Trump.
It is
extremely unusual for judges to examine how prosecutors act in front of grand
juries, let alone to openly criticize their conduct. But that is exactly what
Judge Fitzpatrick did to Ms. Halligan.
He noted
that during her grand jury presentation she appears to have misrepresented a
basic tenet of the law by suggesting that Mr. Comey did not have the right,
under the Fifth Amendment, to avoid testifying at his own trial.
She also
appears to have made another astonishing error, Judge Fitzpatrick said. In his
ruling, he pointed out that she told grand jurors that they did not have to
rely solely “on the record before them” to return an indictment against Mr.
Comey, but instead “could be assured the government had more evidence — perhaps
better evidence — that would be presented at trial.”
The judge
also said that Ms. Halligan appears to have botched her efforts to pare down
the three-count indictment she had initially sought against Mr. Comey after
grand jurors rejected one of the charges. Moreover, he noted that the grand
jury transcripts he later received from her did not appear to contain her
presentation of the second, two-charge indictment to the grand jury, leaving
the record incomplete.
If,
however, a second presentation was never made, then the court “is in uncharted
legal territory,” he went on.
That would
suggest, he wrote, “that the indictment returned in open court was not the same
charging document presented to and deliberated upon by the grand jury.”
“Either
way,” the judge concluded, “this unusual series of events, still not fully
explained by the prosecutor’s declaration, calls into question the presumption
of regularity generally associated with grand jury proceedings, and provides
another genuine issue the defense may raise to challenge the manner in which
the government obtained the indictment.”
Judge
Fitzpatrick mentioned one more potential problem with the government’s grand
jury presentation. He questioned whether the F.B.I. agent who was the sole
witness to have testified may have inadvertently disclosed information that
should not have been revealed because of the attorney-client privilege.
Ultimately,
the decision about whether to dismiss the case based on these purported grand
jury errors will lie with Judge Nachmanoff, the district court judge. Judge
Nachmanoff has already scheduled a hearing for early December to consider separate
but related claims by Mr. Comey’s lawyers that Ms. Halligan had abused
the grand jury process.
To read more CLICK HERE
Madiba K. Dennie writing for Balls & Strikes:
Congress
did not, however, give much guidance as to what a compelling reason actually
is, beyond specifying that rehabilitation alone is insufficient, and that any
sentence reduction must be “consistent with applicable policy statements issued
by the Sentencing Commission.” Identifying qualifying circumstances is thus up
to individual judges evaluating requests for release—and, of course, a matter
of some debate
In the
first case the Court heard, Fernandez
v. United States, a district court judge reduced a sentence because he
doubted the reliability of the evidence, and had concerns about a significant
sentencing disparity between Fernandez and one of his co-defendants. A federal
appeals court then held that the district court judge had abused his discretion
because he should not have considered Fernandez’s potential innocence—something
neither Congress nor the Sentencing Commission ever said.
In the
other two cases, Rutherford
v. United States and Carter
v. United States, judges said they could not consider the fact that the
defendants asking for a sentence reduction would have received significantly
shorter prison terms had they been convicted after Congress enacted the First
Step Act of 2018, a bipartisan criminal justice reform law. But this, too, is
not so simple: The Sentencing Commission has explicitly said judges can
consider factors like this under certain circumstances.
The
uninspiring success rate of the defendants in these three cases—zero for
three—doesn’t support an inference that judges are especially inclined to find
“extraordinary and compelling reasons” to reduce a prison sentence. Yet Justice
Samuel Alito spent Wednesday morning defending the sanctity of mandatory
minimum sentences, deeply disturbed by the notion that judges could be letting
people out of prison for little reason other than their personal belief that
prison is bad.
“There are
a lot of district judges and other federal judges who don’t like mandatory
minimums,” Alito said to
Fernandez’s counsel. “Could a district judge say, ‘You know what, that
mandatory minimum is too much under the circumstances of this case, so I’m
going to grant a sentence reduction?’” he asked.
Alito
pressed Rutherford’s counsel, David Frederick, on this same issue. “Is it a
permissible factor for a judge to include in the determination a disapproval of
the mandatory minimum?” Alito asked. Frederick politely responded with the
answer the statute already provides: that a judge would be abusing their
discretion if they just didn’t like mandatory minimums, but would be within
their discretion if they thought departing from a mandatory minimum was
justified by the circumstances of the particular case. Alito was unsatisfied.
“I don’t quite see the difference between those two things,” he said.
To
illustrate the difference, Frederick offered a hypothetical, imagining a
75-year-old with a life-threatening disease in a prison without adequate
medical facilities. “It is not an abuse of discretion for the court to say
that, in this particular circumstance, that mandatory minimum is too harsh,”
said Frederick. At this, Chief Justice John Roberts interrupted. “Well, you
really shouldn’t call it a mandatory minimum then,” said Roberts. “You probably
should call it something like the presumptive minimum depending upon subsequent
developments.”
Alito
later moved to Carter’s counsel, David O’Neill, who also affirmed that district
courts could not reduce sentences solely because they disagree with mandatory
minimums as a matter of principle. When Alito asked if any provision of the
statute “specifically” states that, Carter, too, explained that any categorical
approach would be at odds with a statute that’s “all about the individual
circumstances.”
If Alito
really wants to be angry about the criminal legal system, there are countless
real problems he can choose from. His choice to fixate on hypothetical judges
with vendettas against mandatory minimums instead is an illustrative example of
the conservative conception of criminal law. In Alito’s view, the criminal
legal system already does what it is supposed to do: inflict maximum
punishment. Any attempts to reform that system are inherently illegitimate.
To read more CLICK HERE