You may be reading this because you received a Touhy letter from the Department of Veterans Affairs, Social Security or another federal agency that does not want to comply with your state-court subpoena. They are citing the Supreme Court’s Decision in Touhy, where the Court stated that the Federal housekeeping…
Finally, misprision of a felony may apply in this case (or non case, as we are now being told). Misprision of a felony is often used as a “lesser” crime in federal prosecutions, as it carries a lower punishment range than the underlying felony. A drug conspiracy being pled to…
From the “facts” as disseminated in the media, there are also problems with the apparent destruction of records on the Clinton side. Following the Enron Collapse and the Arthur Anderson scandal, Congress passed the Sarbanes Oxley bill which overhauled accounting and recordkeeping at financial institutions. In that law there was…
However, section 793 has a lower mental state. 18 USC section 793(f) states: “Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1)…
While this type of conduct is not necessarily the Lindbergh baby kidnapping or the OJ Simpson murders, people have had their careers ruined and regularly faced at least misdemeanor prosecution for these types of violations. The Hillary Clinton email articles which I have read have focused on two federal statutes…
As the information in the public goes, Hillary Clinton maintained her State Department emails and conducted State Department business on a private, nonsecure server. She then wiped (or had her people wipe) at least part of the server, including many emails, before handing them over for investigation. Many people want…
Importantly, the Penal Code does not define what an “explosive or incendiary device” is, which is a big problem in prosecuting a hoax bomb case. The legislature needs to revisit this issue and make the definitions more clear. Under 46.01(2), “‘Explosive weapon’ means any explosive or incendiary bomb, grenade, rocket,…
Irving Police based their investigation on investigation of possession of an explosive weapon or hoax bomb. When it was ruled out that the item was not an explosive weapon, possession of which would be a third degree felony, the fall back statute became possession of a hoax bomb. Texas Penal…
Ahmed Mohamed recently became an international celebrity by being detained by the Irving Police on suspicion of a hoax bomb at school. Mr. Mohamed brought a “rearranged” clock to school in a carrying case which reportedly looked suspiciously like a bomb or bomb detonating device. In the post 9-11 world,…
In Coronado v. State, the Texas Court of Criminal Appeals tackled a “scope” issue in reviewing a case of a student who was attempting to leave campus during school hours. The student claimed to be going to a relative’s funeral, but the assistant principal called his family and found this…