There is mounting evidence that Donald Trump's gross mismanagement of the coronavirus pandemic resulted in thousands, indeed hundreds of thousands, of avoidable COVID-19 deaths. It's time for state authorities in all 50 states and the District of Columbia to open investigations to hold Trump, Kushner, Pence and others Trump administration officials accountable for avoidable deaths. It's time for accountability. It's time for justice. Because Justice Matters. For our newly launched Team Justice a...
Apr 04, 2021•8 min•Ep. 44
The New York Times reported that Congressman Matt Gaetz is the "subject" of a sex trafficking investigation that was initiated some months ago by the Bill Barr Department of Justice. Importantly, the Times reported that Gaetz himself confirmed that DOJ prosecutors told his lawyers that he was a subject of the investigation. The term "subject" has a specific definition in accordance with DOJ rules and procedures. Here is what it means to be a "subject" of a criminal investigation, as opposed to b...
Apr 01, 2021•11 min•Ep. 43
Billion-dollar defamation suits continue to mount against Fox News. Dominion Voting Systems is the latest plaintiff to sue Fox for defamation. Fox's litigation position will be challenging given that one of its marquee guests, Sidney Powell, has also been sued for defamation and has admitted in her reply to the suit that "reasonable people" would not have credited what she said. The federal government needs to take on news organizations that peddle fiction as fact. Here is how the government can...
Mar 28, 2021•9 min•Ep. 42
Prosecutors announced in a recent court filing that they have "substantial evidence" that the Oath Keepers militia group was involved in a conspiracy to attack the US Capitol on January 6. Here is an explanation of the law of conspiracy and why this important development moves things in the direction of justice. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner For our newly launched Team Justice and Justice Matters merchandise shop, please visit: https://...
Mar 26, 2021•10 min•Ep. 41
For those of us who worked at the Department of Justice, we were shocked when we saw former Acting DC US Attorney Michael Sherwin give an interview to 60 Minutes discussing the evidence in the ongoing investigation in the Capitol attack. DOJ rules prohibit commenting on ongoing investigations without prior approval from the DOJ leadership. Given the new CNN reporting, we now know that Sherwin DID NOT get the required approval from the leadership of the Department of Justice before sitting for th...
Mar 24, 2021•10 min•Ep. 40
The Department of Justice has strict guidelines that generally prohibit federal prosecutors from commenting on pending criminal investigations. Nevertheless, the Trump/Barr installed Acting US Attorney Michale Sherwin went on 60 Minutes and gave a strange and unorthodox interview. This video reviews the US Attorneys' Manual provisions governing Disclosure of Information Concerning Ongoing Investigations (section 1-7.400) and then discusses some of the revelations by Sherwin, who actually departe...
Mar 23, 2021•11 min•Ep. 39
As featured in today's Huffpost, "The Democracy Pledge" is a grassroots citizens' group designed to put companies, businesses and corporations on the record and on the spot by documenting which ones support democracy and which do not. The initiative was founded by Glenn Kirschner as part of his Team Justice endeavors, designed to encourage full citizen participation in the fight for democracy and justice. The Democracy Pledge - www.thedpledge.com - is a place where consumers can go to see which ...
Mar 21, 2021•6 min•Ep. 38
Four years ago, Bill O'Reilly asked then-President Donald Trump if Vladimir Putin is "a killer?" Trump refused to condemn Putin but instead criticized American, saying, "you think our country's so innocent?" Four years later, an American President finally answers the question, this time from George Stephanopoulos, "Is Vladimir Putin a killer?" Here's how President Joe Biden answered the same question . . . Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner ...
Mar 18, 2021•7 min•Ep. 37
The FBI just arrested Julian Khater and George Tanios for participating in the January 6 attack on the US Capitol. These two insurrectionists were charged with nine counts, including assaulting the late US Capitol Police Officer Brian Sicknick, as well as assaulting two other police officers. However, court documents reveal that they have not been charged with the homicide of Officer Sicknick. As a career DC homicide prosecutor and former Chief of Homicide at the DC US Attorney's Office, this ch...
Mar 15, 2021•9 min•Ep. 36
One of the leaders of the January 6 attack on the US Capitol, Jacob "Q Shaman" Chansley, filed a motion seeking release pending trial. In the event there's any doubt that the courts are taking these criminal cases against the Trump supporters who attacked the US Capitol seriously, Judge Lamberth's 32-page order denying Chansely's request to be released from jail pending trial should lay those doubts to rest. Judge Lamberth's order is must reading for those who feel frustrated and disheartened at...
Mar 14, 2021•15 min•Ep. 35
Merrick Garland is an experienced public corruption prosecutor and perhaps the country's primmer domestic terrorism prosecutor. Republicans likely are going to rue the day Mitch McConnell unconstitutionally deprived Judge Garland of his confirmation hearing when President Obama nominated him to be a Supreme Court justice. At long last, it feels like justice just might be coming. And #JusticeMatters. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podc...
Mar 11, 2021•3 min•Ep. 34
Former Minneapolis Police Office Derek Chauvin (along with three other officers) is charged in connection with the homicide of George Floyd. In the first installment of this daily video log, I take on a few of the issues that will be addressed on day one of jury selection, scheduled to begin on Monday, March 8, 2021. There are many tactical and legal issues surrounding the trial. The overarching question is: will George Floyd, his family, the community and our country see justice for what was do...
Mar 08, 2021•13 min•Ep. 33
In three related stories: 1.Veteran Federal prosecutor (and my friend and colleague) Channing Phillips takes over as Acting US Attorney for the District of Columbia, dislodging Bill Barr acolyte Michael Sherwin. 2. Today's Senate hearing reveals that Pentagon officials - including Gen. Charles Flynn - brother of former Trump National Security Advisor and admitted felon Mike Flynn - refused to send National Guard troops to protect the US Capitol on January 6 because it would be "bad optics." 3. I...
Mar 04, 2021•6 min•Ep. 32
It's undeniable that there were significant law enforcement and security failures at the US Capitol on January 6. FBI Director Christopher Wray testified before the Senate Judiciary Committee about what the FBI knew and when it knew it. Although these are serious issue, the Republican Senators did their best to inject a good bit of levity (albeit unintentionally), asking about everything BUT the Trump-inspired insurrection at the Capitol. Here's a recap of the serious AND the frivolous questioni...
Mar 03, 2021•9 min•Ep. 31
Steve Bannon may have won a battle by accepting a Trump pardon to help him get out of his federal prosecution. But Bannon may end up losing the war, as he's now being criminally investigated by New York District Attorney Cy Vance. Importantly, not only is a presidential pardon inoperative against state court prosecutions, but the US Supreme Court has said that accepting a pardon is akin to a confession to the crimes for which you are pardoned. As I mention during the second half of this video, i...
Feb 26, 2021•7 min•Ep. 30
Senator Ron Johnson tells outrageous lies during the Senate hearing into the January 6 attack of the US Capitol. Indeed, CNN reported: "Ron Johnson just dropped a ridiculous conspiracy theory at the Senate Capitol attack hearing." Johnson's lies clearly were designed to give aid and comfort to the insurresctionists. In this video we tackle the following question: do Johnson's lies constitute the federal offense of Accessory After the Fact, in violation of 18 US Code, Section 3? Please consider b...
Feb 25, 2021•8 min•Ep. 29
Today was a good day for justice in America: 1. The Supreme Court FINALLY ruled that former President Donald Trump's taxes and financial records must be giving to NY District Attorney Cy Vance; 2. The Supreme Court refuses to hear the Republican challenge to the Pennsylvania election results; and 3. Attorney General nominee Merrick Garland gives senators a masterclass in justice, fairness and equality during his confirmation hearing before the Senate Judiciary committee. Please consider becoming...
Feb 23, 2021•10 min•Ep. 28
On the eve of his confirmation hearing for Attorney General, Merrick Garland released the opening statement he will deliver at the beginning of tomorrow's hearing. Judge Garland's announced priorities are a salve for a nation bruised and battered after year's of disregard for the rue of law by former AG Bill Barr and the unabated political corruption of the Trump Administration. Here is a preview of what to expect at tomorrow's confirmation hearing. Please consider becoming a #TeamJustice patron...
Feb 21, 2021•10 min•Ep. 27
Donald Trump may need to add a new job title to his resume: professional defendant. Trump, Giuliani, The Proud Boys and the Oath Keepers have ben sued by the NAACP and Congressman Bernie Thompson. Let's discuss the ins out outs of that lawsuit and where the case is likely to go from here. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter:...
Feb 18, 2021•7 min•Ep. 26
There has been much discussion about the difficulty of proving that Donald Trump acted with corrupt intent when he whipped-up an angry mob and told them to "stop" the vote certification or, as he put it, "stop the steal." I spent 30 years prosecuting cases in courts, military and civilian, proving criminal intent. Given the available evidence, including some recent New York Times reporting about what Trump was saying and doing while the insurrectionists attacked the Capitol and hunted for Mike P...
Feb 16, 2021•9 min•Ep. 25
When the impeachment votes were cast, 57 Senators voted that Donald Trump is guilty of inciting an insurrection but 43 Senators voted not guilty, falling short of the two-thirds required to convict Trump and ban him from holding office in the future. The political process has failed to hold Trump accountable. It's now time for the DOJ and the courts, as well as state attorneys general, state prosecution offices and state courts to step up and show a true fidelity to the rule of law by investigat...
Feb 14, 2021•13 min•Ep. 24
In a quixotic mix of poor lawyering, disrespect and untruths, Trump's defense attorneys debase an already ugly impeachment hearing. Here are some of the lowlights . . . Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2 Instagram: https://www.instag...
Feb 13, 2021•8 min•Ep. 23
House Managers (prosecutors) spend a second day presenting their evidence at Donald Trump's impeachment "trial." The only question I have is: Can I get a witness? Here's a recap of some of the evidence and arguments of the day. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www...
Feb 12, 2021•8 min•Ep. 22
As The Washington Post and other news outlets are reporting, President Biden will be asking for the resignation of all Trump-appointed US Attorneys, with two exceptions. As a career federal prosecutor serving under every president from Reagan through Trump, I can attest to the fact that it is entirely usual for each new incoming presidential administration to ask current US Attorneys to resign so the new president can appoint US Attorneys who share and will implement his law enforcement prioriti...
Feb 10, 2021•10 min•Ep. 21
Here is a quick recap of day one of Donald Trump's SECOND impeachment trial. We had the unique opportunity to see lawyering at opposite ends of the quality spectrum. And we discuss the troubling result of 44 Republican senators apparently happy to give trump cover for launching a deadly insurrection on the US Capitol. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your po...
Feb 10, 2021•14 min•Ep. 20
We made it through Super Bowl Sunday and now it's . . . Impeachment Monday. With the impeachment "game" getting ready to kick off in the US Senate on Tuesday, here is an impeachment pre-game show discussing why an impeachment "trial" really isn't a trial in any sense of that word. Also, we cover the tactical arguments we're likely to hear from the Democrats as well as from the Republicans. And then we take on the ridiculousness of some of what Rand Paul has been trying to sell about how the Dems...
Feb 09, 2021•11 min•Ep. 19
Several questions have arisen regarding the way the criminal justice system is handling cases involving insurrectionists. Trump Donor turned Trump Judge Trevor McFadden let insurrectionist Jenny Cudd head to Mexico for a little R and R before her trial for trying to violently overthrow our government. Is this a justifiable judicial decision? And why didn't the Department of Justice oppose the request. Here are some possible reasons. Also, let's look at McFadden's track record. Another insurrecti...
Feb 08, 2021•10 min•Ep. 18
Insurrectionist Jenny Cudd, who once ran for Mayor of Midland Texas, bragged about how she violently broke into the US Capitol, violently broke down Nancy Pelosi's office door and how people stole things from the Speaker's office. Even after having two days to reflect on what she had done, she proudly declared, I would absolutely do I again. Cudd was arrested and released. She then told Federal Judge Trevor McFadden, that she wanted to travel to Mexico, while pending trial, to enjoy a lovely "wo...
Feb 07, 2021•7 min•Ep. 17
In an appalling bit of Republican obstruction, Lindsey Graham (who at the moment remains the leader of the Senate Judiciary Committee) is refusing to set a date for the confirmation hearing for Merrick Garland, President Biden's nominee for Attorney General. Graham's action is transparently in retaliation for the impeachment of Donald Trump. Indeed, Graham himself connects the two in a statement he released, saying, in part, "government requires trade-offs." What can We The People do to try to f...
Feb 03, 2021•12 min•Ep. 16
Donald Trump has struggled to find defense attorneys who are willing to represent him in his upcoming Senate impeachment trial. This is entirely unsurprising given that, 1. Trump is famous for stiffing his attorneys and 2. Trump reportedly is insisting on a defense that includes a false claim that the election was stolen from him. Although the rules and procedures at a criminal trial versus an impeachment trial bear little resemblance to one another, there is one important similarity. In both cr...
Feb 01, 2021•8 min•Ep. 15
