• Due Process,  Grand Jury,  Presumption of Innocence

    A Meditation On Independence Day

    We all like the Fourth of July; most of us want it to mean something beyond cookouts and fireworks.  When my children were little, I would read aloud to them the entire Declaration of Independence, an oration they found both alarming and distracting. The nation’s Independence Day celebration has changed over time, as has its people (alarmed or distracted) and their culture. We have an Independence Day in film and in song, works of art that speak to a patriotism grounded in a corporate concept (national independence) and in a citizen concept (individual independence).  We have Nike and Colin Kaepernick. Here in the early portion of the 21st-century, it is…

  • Fashion,  Special Counsel,  Trials, Judges and Jurors

    White-Collar Spotify Playlist Update (Roger Stone Edition)

    All things evolve, or at least update.  The White Collar Wire playlist on Spotify is no exception.  As I have noted before, “scoring” a playlist for white-collar crime is an uncertain business.  Appropriate compositions pop up across genres, however, and will likely continue to do so.  (For earlier consumers of the playlist, new material starts with “I Fought The Law” and goes through the end).  This update includes: The Clash | Brian Fallon | Pink Floyd | Henry Mancini | Meek Mill | Barney Kessel | Dawes | Middle Brother | The Allman Brothers | Scotty Bahama | Paul Englishby | Benjamin Del Shreve | Hozier| The Oscar Peterson Trio…

  • Special Counsel

    More SiriusXM: Flynn, Cohen and Manafort

      A great deal happened last week in the world of Special Counsel Mueller, including the outcomes afforded three different defendants: Mike Flynn, Michael Cohen and Paul Manafort.  I was delighted to be again on Sirius XM’s POTUS channel with host Olivier Knox of “The Big Picture” to run down the week’s events:    

  • Cooperation Agreements,  Special Counsel

    Cooperation, and Something to Cooperate With

    From The Hill: With Mueller’s probe advancing behind closed doors, it is impossible for onlookers to judge the value or extent of any one witness’s cooperation. At the same time, observers say the deals Mueller has struck signal he believes their cooperation to have significant value. “If they have struck a deal where they’re going to cooperate, then that’s a pretty good indication that special counsel’s office believes they have something worth cooperating over,” said Jack Sharman, a former special counsel to Congress for the Whitewater investigation. Read the full story by Morgan Chalfant here.

  • Public Corruption,  Special Counsel,  Witnesses

    Special Counsel, Special President, Special Interview

    To interview or not interview? A common question not just for the President of the United States but for any executive, business owner, professional or officeholder who might be approached by agents or prosecutors: We have earlier addressed the perils of interviews here . . . and here: All witnesses do well to bear in mind Proverbs 18:17: “The one who states his case first seems right, until the other comes and examines him.”

  • Evidence,  Special Counsel

    More Mueller, and A Question About Hearsay

    On “The 11th Hour with Brian Williams” to discuss the Rick Gates plea: Jack Sharman – MSNBC – The 11th Hour with Brian Williams (Feb. 19, 2018) from LFW on Vimeo. Thankfully, they gave me a head’s up about the hearsay question. We have discussed various aspects of the Special Counsel Investigation here.  

  • Evidence,  FBI,  Special Counsel,  Trials, Judges and Jurors

    Special Counsel Subpoenas, FBI Agent Texts, GoGo Penguin Groove

    An unusual point arose here (at the end) regarding an FBI agent’s political text-messages and cross-examination: Jack Sharman – MSNBC – Meet the Press (Dec. 5, 2017) from LFW on Vimeo. Text Messages and FBI Agents The interview question focused on an agent in the Special Counsel’s office, Peter Strzok, and the fact that he was taken off the the investigation because of alleged anti-Trump, pro-Clinton text messages or other communications.  Congress has requested information from the Department of Justice about Agent Strzok, who was also apparently one of the agents who interviewed Hillary Clinton regarding the matter of her personal email server and who allegedly watered-down the FBI’s conclusions…