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Wednesday :: January 07, 2015

Jane Doe's Lawyers File Defamation Suit Against Dershowitz

I thought I was done with this topic for a few days but there's news: Lawyers for Jane Doe #3 (aka Virginia Roberts), Paul Cassell (pictured above right) and Bradley Edwards (not pictured) have sued Alan Dershowitz for defamation per se in state court in Broward County (Fort Lauderdale.) The complaint is here.

(Dershowitz' Motion to Intervene in the Florida federal case filed yesterday is here. His affidavit claiming Virginia Roberts is a "serial liar" and her lawyers conspired with her to make false accusations against him is here.)

Some quick thoughts on the new defamation suit: [More...]

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Tuesday :: January 06, 2015

Ex-Gov. McDonnell Sentenced to 2 Years, Gov't. Sought 10-12

Former Va. Gov. Bob McDonnell was sentenced to two years in prison today. Probation recommended, and prosecutors sought a 10 to 12 year sentence, in accordance with the guidelines.

Good lawyering by the defense team. The sentencing guidelines are not mandatory and there is not even a presumption that they represent the correct sentence. They are only the starting point in the judge's consideration, and the judge here appropriately exercised his discretion.

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Tuesday Open Thread

I'm done here for the day, having used all my blogging time to write about the Dershowitz/Virginia Roberts story.

If I had more time, I'd also write about Celebrity Apprentice. It's very entertaining this season. I hope Geraldo and Leeza Gibbons are the final two. I was a guest on both their talk shows many times in the 90's. In the six degrees of separation department, one of the Leeza shows I did was with Alan Dershowitz. Leeza not only flew us out to LA, she flew our sons out. The topic was representing the hated defendant and part of that was how it affected our families. (Our sons were also interviewed on air.) She is such a warm and genuine person, and a consummate professional. As for Geraldo, none of today's cable news shows come close to being as good as CNBC's "Rivera Live" in the 90's. Geraldo was my friend back then, and while I haven't seen him in years, I still like him.

This is an open thread, all topics welcome.

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Assessing Virginia Roberts' Credibility

Alan Dershowitz says Virginia Roberts, aka Jane Doe #3 and 102 in the Jeffrey Epstein civil suits) is a "serial liar." (For background, see here). Yesterday, Roberts told the Daily Mail she is writing her memoirs and will name all the powerful people Epstein directed her to have sex with while she was employed by him.

Since she has publicly accused Dershowitz and Prince Andrew of engaging in criminal acts in a court pleading (available here), and threatens to make similar accusations against other prominent persons, I think she has put her credibility in issue. What has she said in her various interviews over the years and are there discrepancies? What was her life like before she met Epstein? Was she an average teen, or did she have severe problems? Her lawyers' statements should also be examined. Are their statements consistent with hers, and if not, why not? Is it just sloppiness? [More...]

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Dershowitz Goes to War Against Jane Doe #3

Update: Jane Doe #3's lawyers fight back. They have filed a defamation lawsuit against Alan Dershowitz. The complaint is here.

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Alan Dershowitz filed a motion to intervene in the victims rights lawsuit of Jane Does 1, 2 and 3 today. I have uploaded it here.

He also filed an affidavit emphatically denying the allegations and explaining why they could not be true. In it, he calls Virginia Roberts (aka Jane Doe #3 and 102) a "serial liar" and says her lawyers knew she was a serial liar but put her false allegations in the pleading anyway, for the purpose of having the media pick up on them. You can read the affidavit here. [More...]

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Monday :: January 05, 2015

Dzhokhar Tsarnaev Trial: Jury Selection Begins

Prospective jurors arrived at the federal courthouse in Boston this morning to fill out lengthy juror questionnaires for the trial of Dzhokhar Tsarnaev.

In December, the Government and defense agreed on the explanatory remarks the judge should make when explaining the process to them. While the judge may have made some modifications, you can can read them here to get a general idea of what they were told.

Here is a good primer from the ABA on jury questionnaires.[More...]

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Sunday :: January 04, 2015

Sunday Night TV and Open Thread

Sunday night TV is back. Tonight, the new season of Downton Abbey begins, as does Celebrity Apprentice. The Good Wife is also back tonight.

Tomorrow night, the Bachelor returns.

Showtime is running last season's Shameless all night, which means a new season will begin soon. [More...]

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Dershowitz, Prince Andrew and Jane Doe 3

Both Alan Dershowitz and Prince Andrew emphatically deny the allegations of sexual activity made by victims rights lawyers for "Jane Does 3 and 4" in a long-pending civil lawsuit against the U.S. arising from DOJ's handling of an investigation of sexual misconduct claims against billionaire Jeffrey Epstein. Espstein pleaded guilty in state court and has long finished serving his sentence. By agreement, he was not charged in federal court. Dershowitz was one of Epstein's many lawyers.

The suit was originally brought by Jane Doe 1 and 2 in 2008 as an action to enforce their rights under the Crime Victims Rights Act. Jane Does 3 and 4 sought to join the case last week. The new allegations referencing Dershowitz and Prince Andrew are contained in Jane Doe 3 and 4's motion to join the suit (Available here.)

The suit is not against Epstein. All four have settled civil claims against Epstein and received payouts. It is a suit against the United States. The Jane Does claim the Government violated the federal Crime Victims Act by not informing them it had entered a non-prosecution agreement with Epstein. It advised them of other things, just not that such an agreement had been made or was in the works. [More...]

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Saturday :: January 03, 2015

New ISIS Video With John Cantlie in Mosul, Iraq

Just before New Years, I wondered what happened to John Cantlie.

We have the answer. He's still alive. Here is his latest video giving a tour of Mosul, Iraq, which he says is the "absolute heartland" of the Caliphate and home to 2 million people." He says he sees millions of people going about their daily business after years of oppression.

Towards the end, he is driving an ISIS police motorcycle through the streets of Mosul, with a big grin and an ISIS member sitting behind him: [More...]

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Appeals Court Rejects Tsarnaev Request for Trial Delay

Update: It should be pointed out that the only thing happening Monday is that those summoned for jury duty will fill out a questionnaire. The court and lawyers will review them for a week or so. The jurors will be given a phone number to call which will tell them whether they have been excused or should appear on a certain date for further participation, or should call back at some other time. What most people think of as the trial (opening statements, testimony, etc) is not expected to begin before the end of January according to pleadings filed in the case.

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Jury selection will begin Monday as scheduled in the trial of Dzhokhar (Jahar) Tsarnaev. The First Circuit Court of Appeals today denied his Petition for a Writ of Mandamus which sought a change of venue, or an order compelling the trial judge to stay jury selection and hold an evidentiary hearing on his request for a change of venue. (Background here.) The four page decision is here. One judge dissented, and would have granted the application. [More....]

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Saturday Open Thread

A new Jeep for the New Year. My last three Jeeps have been black, charcoal and granite. Time for a change. I'll probably spend the rest of the weekend learning all its new features.

V-8 engines are getting scarcer, and despite the promotions, I don't think V-6 engines come close in power when you're heading up a big hill (like I-70 from Golden to the mountains.) This one makes it a breeze. It's also much quieter than the V-6. Since I drive less than 5,000 miles a year, the reduced gas mileage isn't a big issue for me.

One thing I've learned my lesson on: When you're buying rather than leasing, get the extended warranty. After 3 years, my old jeep had only 10,000 miles, but the warranty ended in July and the cost of everything, from diagnosis to actual repairs is really high. [More...]

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Bono's Candid Account of His Injuries

U2's Bono writes he may never play guitar again, due to the severity of his injuries from a bike accident in Central Park last November.

"Recovery has been more difficult than I thought. As I write this, it is not clear that I will ever play guitar again. The band have reminded me that neither they nor western civilization are depending on this.

He published his letter, A to Z, on the band's blog. [More...]

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