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Thursday, March 23, 2017

Martha Stewart wound up in an orange jumpsuit for violating 18 U.S.C. 1001, and Trump Attorney General Jeff Sessions might be heading down the same path


Martha Stewart
(From businessinsider.com)
If domestic diva Martha Stewart served five months in federal prison for violating 18 U.S.C. 1001, Trump Attorney General Jeff Sessions should not be above such a fate, should he? Our answer is "hell, no!" Sec. 1001, commonly known as "making false statements," might be the biggest threat to Sessions' freedom -- and his political life.

Sessions' vulnerability to a Sec. 1001 prosecution first came to light via a complaint to the Alabama State Bar by Boston-area attorney J. Whitfield Larrabee. Before the Larrabee complaint hit the news, many Americans probably thought the main possible charge against Sessions would be perjury (under 18 U.S.C. 1621) -- and some prominent legal analysts, such as George Washington University's Jonathan Turley, pooh-poohed the notion that such a charge could be brought.

I'm not sure Turley is right about that, but even if he is, perjury might not present Sessions' biggest hurdle. That could come from Sec. 1001, as Larrabee explains in his bar complaint:

On March 6, 2017, Sessions submitted a letter to the Senate Judiciary Committee supplementing his testimony on January 10, 2017. (Letter from Sessions to Charles E. Grassley, Chairman of the Senate Judiciary Committee, attached hereto as Exhibit “A.”)

Sessions claimed in the letter that his response to [U.S. Sen. Al] Franken, denying any communications with the Russians during the campaign, “was correct.” Rather than acknowledge the falsity of his prior testimony, Sessions willfully and deliberately insisted that his prior false testimony was correct. In doing so, Sessions made an additional material false statement to the Senate Judiciary Committee and attempted to conceal and cover up his prior false testimony and perjury.

This comes under the heading of "The Cover-up Is Worse Than the Crime," and Larrabee asserts that it violates Sec. 1001. How is this for a possible case of irony? More than 10 years later, many Americans likely think Martha Stewart went to prison for insider trading or perjury. But she actually got nailed for lying to government agents. And Sessions, while trying to clarify his perjury before the U.S. Senate, stepped in the same brier patch that ensnared Martha Stewart.

A 2004 article at Graziadio Business Review puts the Stewart case in perspective. Its title is "Businesspersons Beware: Lying Is A Crime":

In recent corporate scandals, some executives have learned the hard way that lying is still a crime in corporate America. Martha Stewart was accused of selling her ImClone stock allegedly after receiving insider information. However, she was not convicted of securities fraud. She was instead convicted for lying. In addition, Computer Associates executives were indicted and some have already pleaded guilty for lying to their own company’s attorney during an internal investigation when their lies were passed on by their attorney to the government. . . .

Lying is a crime because those who lie in a judicial proceeding are destroying the essential fabric of the “rule of law,” which has enabled capitalism to be so successful in the United States. Lying is and must be a crime in a judicial proceeding—and must be enforced against everyone—whether he or she is the President of the United States, the president of a Fortune 500 multinational organization, or the janitor. Stewart’s crime of lying must be viewed not only in terms of how it may have impacted her own company and shareholders,[4] but must also be viewed in light of the potential damage to our entire economy if lying were suddenly to be tolerated in our judicial proceedings. After all, if it is okay for Stewart to lie, then how can we complain about accountants who lie about a company’s financial audits, executives who lie about their company’s sales and revenues, or analysts who lie about their stock recommendations? What then makes us think that anyone will continue to invest their money in the American stock market, which has been the driving force of our brand of successful capitalism during the second half of the 20th century?

Martha Stewart hardly is the only business exec to run afoul of Sec. 1001. So have Bernie Madoff and Jeffrey Skilling, along with political figures Scooter Libby and Rod Blagojevich.

Will we soon be making way for Jeff Sessions?


Wednesday, March 22, 2017

A second gay-porn photograph from his badpuppy.com days hits the Web, as nudie past makes an already rough 2017 get rougher for federal judge Bill Pryor


2017 has been a tough year for U.S. Circuit Judge Bill Pryor, of Alabama, and it might get tougher before too long.

Pryor appeared to be Donald Trump's No. 1 choice to fill the late Antonin Scalia's seat on the U.S. Supreme Court (SCOTUS), but he finished no higher than No. 3 as the nomination went to Neil Gorsuch, of Colorado. Pryor saw his political booster, former U.S. senator and Trump Attorney General Jeff Sessions, become ensnared in KremlinGate for lying to Congress about meetings with a Russian ambassador -- and Sessions could face criminal prosecution on at least three counts, according to a bar complaint by Boston attorney J. Whitfield Larrabee.

Now, two additional nude photos of Pryor, from a gallery that appeared at the gay-porn super site badpuppy.com in 1997, have surfaced. Did our reporting on the first gay-porn Pryor photo help cause his SCOTUS chances to implode? I know a number of smart people who think the answer is yes. If that's the case, the two new photos are likely to have Pryor's judicial career floating like a corpse in a slow-moving river.

A strategically blurred version of gay-porn photo No. 2 is at the top, right corner of this post. (You can view the full-blown, NSFW version by clicking on a link at the end of this post.) As you can see, this photo appears to be taken in the same setting, with the same primitive "techniques," as No. 1. This time, Pryor appears to be sitting on, or straddling, a block of wood. Not sure what that is supposed to signify. (Not sure I want to think about what that is supposed to signify.)

Photo No. 2 has surfaced at Tumblr and a number of Europe-based porn sites. The same goes for Photo No. 3, which we will reveal in an upcoming post. According to multiple sources, the original Pryor gallery included eight to 12 images. Alert Legal Schnauzer readers now are scouring various Web sites for the remaining images. We hope to have the full collection within the next two or three months. It's sort of like collecting baseball cards, without the chewing gum.

How could 2017 get tougher for Pryor? Multiple news sites have reported that Pryor's gay-porn past actually has helped his judicial career. The photos, our sources say, likely surfaced via Republican political operatives, who knew they could be used as blackmail against Pryor. That made Pryor an attractive candidate to be a compromised judicial nominee, who could make sure certain cases turned out the way Karl Rove GOPers desired. In blunt terms, Pryor is known as a case fixer, and that could get him into a heap of trouble in 2017.

Robed Bill Pryor and disrobed Bill Pryor
from gay-porn photo No. 1
We recently have seen signs that Pryor and fellow George W. Bush nominees R. David Proctor and Virginia Emerson Hopkins have been fixing cases in the Northern District of Alabama. A few weeks ago, one might have accurately been able to say, "Oh, those judges will be protected by Jeff Sessions' justice department."

But Jeff Sessions appears to be in deep doo-doo, especially if some form of wiretap captured his conversations with Russian officials at Trump Tower. I know of a number of individuals, fed up with courtroom corruption in Alabama, who are gathering information for the FBI about judges who issue orders that run contrary to actual law.

Will the FBI, already investigating the actions of Trump insiders in KremlinGate (and that almost certainly includes Jeff Sessions), look at judges and others who have benefited from Sessions' crooked political clout -- especially those who, at this moment, appear to be fixing court cases? If the answer to that one is yes, it could unleash a torrent of intriguing information, especially as it relates to an Alabama "justice system" that has been hopelessly dysfunctional since at least 1995 -- and probably much earlier than that.

It's well established that judges cannot be sued for acts in their official capacity, no matter how corrupt they might be, because of a judge-created concept called "judicial immunity." (Note: We never will have an honest court system until judicial immunity winds up in the trash bin of history.) But it's also well established that judges can be criminally prosecuted, just like the rest of us. And there is little doubt Pryor, Proctor, and Hopkins (plus many others in Alabama) have engaged in criminal activity.

Corrupt judges in Alabama have been acting for years like they are beyond the long arm of the law. They might discover soon that they were wrong about that.

We sought comment from Pryor for this post, but he has not responded to our queries. The timing of a recent court order, however, suggests he might have responded in a different way -- by helping to fix a case. We will explain in an upcoming post.


Bill Pryor NSFW No. 2


(To be continued)

Tuesday, March 21, 2017

Missouri deputies used "strong hand," "circumstances of terror," and a bogus 911 call to evict us, meaning they will face a "forcible entry and detainer" charge


(From copblock.org)
We soon will be filing a federal lawsuit in Missouri over the unlawful eviction and police brutality that led to my wife's shattered left arm. It will come under the broad heading of a civil-rights case, but it also will feature state-law claims, including one for a tort that is new to me -- and it's probably new to you, although you might be faced with it someday, especially if you are a tenant.

The tort is called "forcible entry and detainer." It's a very old legal concept, and one piece of case law says it's been around for almost 900 years -- long before Missouri became a state.  Here is the gist of the tort: (1) If you think you have the right to possess certain property, you'd better be damned sure that you are correct; (2) If you plan to dispossess someone of property, you'd better be careful about using a "show of force."

Concern about the tort probably is the reason deputies concocted the story of a mythical 911 call in which I allegedly threatened to shoot anyone who tried to unlawfully evict us. The mythical call likely was created to give deputies an excuse to terrorize us. That plan, of course, had a slight problem -- I never made any such call or any such threat.

If you violate either of the two concepts outlined above, you could find yourself staring down the barrel at a "forcible entry and detainer" (FED) lawsuit. And I've found no citation that says creating a bogus 911 call allows you to skirt the repercussions of FED law.

Why is this an issue in our case? One, landlord Trent Cowherd did not have a legal right to re-possess his property, on at least four different grounds, and we've spelled those out in a series of posts. Two, Cowherd and his lawyer (Craig Lowther) clearly caused a "show of force," which included Greene County deputies pointing an assault rifle at my head and various pistols at both Carol and me. The show of force ended with Carol's left arm being snapped in two, just above the elbow -- an injury so severe that it required trauma surgery for repair.

X-ray of Carol Shuler's broken arm
Bottom line: Throwing people out of property where they legally are entitled to remain, and using force to do it . . . well, that's a piss-poor idea.

FED cases can be found in Alabama. In fact, we were targets of the tort in Birmingham. When Spartan Value Investors conspired with Birmingham Water Works to have our water shut off, that is a form of forcible entry and detainer. In Missouri, the tort is covered under RSMo 534.020, which reads:

Forcible entry and detainer defined.

534.020. If any person shall enter upon or into any lands, tenements or other possessions, with force or strong hand, or with weapons, or by breaking open the doors or windows or other parts of a house, whether any person be in it or not, or by threatening to kill, maim or beat the party in possession, or by such words or actions as have a natural tendency to excite fear or apprehension of danger, or by putting out of doors or carrying away the goods of the party in possession, or by entering peaceably and then turning out by force, or frightening, by threats or other circumstances of terror, the party out of possession, and detain and hold the same in every such case, the person so offending shall be deemed guilty of a "forcible entry and detainer" within the meaning of this chapter.

That's a long-winded statute, but let's break it down into these elements:

(1) Entering onto property with "force or strong hand" can be . . . a bad idea;

(2) Entering property with "weapons" can be . . . a bad idea;

(3) Entering property by "threatening to kill, maim, or beat the party in possession" can be . . . a bad idea. (In our case, the cops did not just threaten to maim or beat a party in possession; they actually did it.)

(4) Entering property by use of words or actions that "have a natural tendency to excite fear or apprehension of danger" can be . . . a bad idea. (Again, we weren't just made to feel we were in danger -- we were in danger.)

(5) Entering property and "putting out of doors or carrying away the goods of the party in possession" can be . . . a bad idea;

(6) Entering property and "turning out" by force or "other circumstances of terror" can be . . . a bad idea.

All six of those elements were present during our eviction on Sept. 9, 2015. It's almost as if our experience was taken right out of a legal textbook. Details about FED law can be found in a Missouri case styled Walker v. Anderson, 182 SW 3d 266 (Mo: Court of Appeals, Western Dist., 2006):

In an unlawful detainer action, under section 534.200, RSMo 2000, "[t]he complainant shall not be compelled to . . . make further proof of the forcible entry or detainer than that he was lawfully possessed of the premises, and that the defendant unlawfully entered into and detained or unlawfully detained the same." "[T]he principal issue in an unlawful detainer action is the immediate right of possession. . . . " 

That's the law in a nutshell. Under at least four grounds, we were "lawfully possessed of the premises." Cowherd, Lowther, and Greene County Sheriff Jim Arnott caused deputies to "unlawfully enter . . . and unlawfully detain the same." Creating a bogus 911 call does not provide an excuse for such conduct.

As we've noted several times, tenants do not have many rights in the U.S., especially in Missouri (which must be one of the most pro-landlord states in the country). But if you are lawfully in possession of the premises, you do have a right not to be forced out via "strong hand," "weapons," "threats," and "circumstances of terror."

That law has held for 900 years, and it isn't likely to change soon.

Monday, March 20, 2017

Shelby County's Al Crowson, one of Alabama's most dreadful judges, apparently will leave the bench from lingering effects of a stroke and serious car crash


Al Crowson (second from left) and some of the other
sleazeoids who inhabit the hideously corrupt
Shelby County Courthouse
(From facebook.com)
The effects of a stroke and a car crash likely mean one of Alabama's worst judges is gone from the bench, sources tell Legal Schnauzer.

Shelby County Circuit Judge D. Al Crowson not only is awful on the bench, his rulings indicate he is a dreadful human being. If Crowson now is suffering in pain, well, you won't be hearing any sympathy from here. In fact, we file it under the heading of "Karma is a Bee-atch."

We don't have all the details about Crowson's condition, but a source said he had a stroke and was involved in a serious car crash a few weeks back. We're not sure if the stroke caused the car crash, but it appears the judge is not in good shape. His son, Danny Crowson (also a Shelby County judge) has written on Facebook about his father's general condition and the car crash.

How horrible a judge was Al Crowson? Learning the details of just one case -- the Rollins v. Rollins divorce -- will tell you all you need to know. Here are some of the basics from the Rollins case:

Ted Rollins, the head of Charlotte-based Campus Crest Communities, helped his company complete a $380-million IPO late last year. And a South Carolina divorce-court judge found that Rollins belongs to one of the nation's wealthiest families and has the use of multiple private aircraft. But Rollins managed to get the divorce case unlawfully moved to Alabama, and the resulting judgment means that his ex wife and two daughters qualify for food stamps.

Sherry Carroll Rollins said she and the girls now are on food stamps--and have been for some time. That's because Alabama Circuit Judge D. Al Crowson ordered Ted Rollins to pay only $500 in alimony and $815 in child support--a monthly total of $1,315. Our research indicates that is a shockingly low level of support for a man of Rollins' means, a CEO whose family owns Orkin Pest Control and other highly profitable enterprises.

Yes, Al Crowson caused a woman and her two young daughters -- who were connected to one of the nation's wealthiest families -- to wind up on food stamps. What a prince of a guy! What a responsible use of public resources!

Did someone pay Crowson under the table to make such outlandish rulings? The evidence overwhelmingly suggests the answer is yes. The following shows that Crowson's actions were crooked to an almost unreal extent:

The case was heard in Shelby County, Alabama, and Mr. Rollins received an extraordinarily favorable judgment, even though Mrs. Rollins had sued him for divorce some three years earlier in Greenville, South Carolina--where the couple had lived and where numerous court orders already had been entered. Simple jurisdictional law--call it Law School 101--shows that such a judicial heist cannot be done. But Alabama Circuit Judge D. Al Crowson did it anyway, violating all sorts of law that perhaps is best explained in a case styled Wesson v. Wesson, 628 So. 2d 953 (Ala., 1993). Here is the key finding:

"Once jurisdiction has attached in one court, that court has the exclusive right to continue its exercise of power until the completion of the case, and is only subject to appellate authority."

Legal doctrine doesn't come much shorter or simpler than that. Based on the clear language in Wesson, Sherry Carroll Rollins and the two daughters she had with Ted Rollins (now teens and living with their mother in Alabama) received a "shaft job" that would make Isaac Hayes blush.

Yes, the case had been litigated for three years in South Carolina, jurisdiction had been established there, and it could not be moved elsewhere -- in South Carolina and certainly not to Alabama. But Al Crowson essentially stole the case and robbed Sherry Rollins of marital assets that lawfully were hers -- and robbed her daughters of childhoods they never will get back.

So, we hear Al Crowson is suffering now? I can't wipe the smile off my face. The Bible says I'm not supposed to have such a reaction? But I'm a human being, I know what it's like to be abused by individuals in authority, and I'm glad to see Al Crowson get just a taste of what he has dished out for many years.

The only bad thing, in my view, is that the bastard is still alive.

U.S. military is scrambling to deal with gay-porn scandal, but Alabamians Bill Pryor and Jeff Sessions helped similar issues reach the justice system long ago


Robed and disrobed Bill Pryor
The U.S. military is wrestling with a gay-pornography scandal that reportedly has spread to "a slew" of Web sites that feature images of men wearing military uniforms engaging in sex acts. The troops, and decorated brass who lead them, are not alone. The judiciary has been faced with a gay-porn scandal that dates back roughly 30 years -- and it's about to get worse.

That's because we have obtained two more nude photographs of U.S. Circuit Judge William H. Pryor, one of Donald Trump's three finalists to replace the late Antonin Scalia on the U.S. Supreme Court. The Pryor photos first appeared at a print publication in the 1980s and found their way to  the badpuppy.com gay-porn super site in 1997.

The irony, of course, is that Pryor has made virulently anti-LGBT statements, and his career has been relentlessly pushed by former Alabama U.S. Senator and current Trump Attorney General Jeff Sessions, who is a closeted homosexual himself and once was caught on law-enforcement surveillance making frequent late-night visits to Pryor's residence in Montgomery, Alabama. (See video at the end of this post.)

Sessions' false statements to Congress about meetings with a Russian ambassador during the 2016 campaign have him at the center of the KremlinGate scandal, which threatens to end Sessions' political career and bring down the Trump administration, almost before it gets started.

Issues related to gay porn and closeted homosexual activity go right to the top of the U.S. Justice Department, and they launched with two short, beady-eyed men from Alabama, who claim to be "pro family" conservatives.

As for the military, its problems started with male Marines taking photos of female colleagues in various states of undress and posting them to a private social-media site called Marines United. It has grown to other branches of the service, with gay-porn photos and public Web sites. From a report at USA Today:

The military scandal involving sharing of sexually explicit images of troops has expanded beyond the private social media site Marines United to a slew of gay pornography web pages with images of men wearing military uniforms engaged in sex acts, USA TODAY has learned.

The broadened investigation to an increasing number of websites underscores the complexity of policing social media sites where sensitive images can be uploaded in an instant for all to see. In the case of the sites with gay pornography, military investigators will be tasked with determining whether active-duty troops were involved in conduct that could bring discredit on their service, a potential violation of military law.

Military gay-porn photos are appearing at Tumblr, which is one of the sites where our readers found additional photos of Bill Pryor. One gay-porn page at Tumblr is called HornySgt, and it definitely is NSFW. Here is more from USA Today:

The Marine Corps is not the only service affected. Images of men in the uniforms of sailors, soldiers and airmen also appear on an array of Tumblr sites. Similar to the Marines United case, it is unclear whether men appearing in the images — some photographed engaging in sex — provided consent to have their images shared publicly. Victims of so-called revenge porn in the Marines United case have limited protection under military law if the photographs or videos were taken originally with their consent.

Navy, Marine, Army, Air Force and Coast Guard investigators have "established a multi-service task force to expand the investigation," she said.

Military officials briefed Congress on Thursday about the Marines United scandal, in which hundreds of active-duty Marines have viewed photos of servicewomen taken without their consent and cyberbullied some of them.

On some of the gay Tumblr sites, fully dressed troops appear in photos with their name tags visible. At least one such Marine did not agree for his photo to be republished amid a sea of images of men having sex, according Lt. Col. Eric Dent, a Marine Corps spokesman.

Military gay-porn is not all you can find at Tumblr; you also can find nude images of federal judge Bill Pryor. We will be providing the evidence very soon.

Below is a video with information about the surveillance that caught Jeff Sessions making frequent late-night visits to Bill Pryor's residence in Montgomery, Alabama.





Thursday, March 16, 2017

Ashley Madison customers revealed: High Cotton exececutive Griffin McGahey, married to a partner at Bradley Arant law firm, appears at notorious Web site


Griffin McGahey
(From highcottonusa.com)
A vice president at a Birmingham-based company that focuses on payment technology and customer communication appears as a paying customer at the Ashley Madison extramarital-affairs Web site, records show.

Griffin McGahey, vice president of strategic initiatives at High Cotton USA, has an unusual twist to his unsavory online activities. His wife, Jennifer J. McGahey, is a partner at Bradley Arant, Alabama's largest law firm.

High Cotton, with its headquarters in Irondale, has a fairly low profile in the Birmingham area. It appears to be a family business, led by CEO Tommy McGahey. Is the CEO Griffin McGahey's father. The answer is not clear from published reports, but they certainly appear to be related.

What is High Cotton's business profile? This is from the company's Web site:

“From the day we started this company more than 50 years ago, one thing has been constant,” Tommy McGahey, CEO of High Cotton says. “Our customers succeed because of our attention to detail.”

High Cotton has changed over the years, of course. “We began as a traditional direct mail house, helping clients fulfill bulk mail at the absolute lowest cost,” McGahey says. “But we’ve evolved. Today, we are a data driven company, helping companies primarily in the banking and healthcare industries with payment technology and customer communications.” Each of these industries is marked by incredible complexity with literally millions of details to get right.

“Speed, security, competitive pricing — these are all aspects of our business that our clients count on,” McGahey says. “But in the end, it’s our focus on the details that determines our clients’ success.”

At Bradley Arant, Jennifer McGahey focuses on commercial litigation and labor and employment issues. From her bio on the firm's Web site:

[Jennifer} represents clients in a variety of industries, such as e-commerce, natural resources, government contract, healthcare, pharmaceutical, and retail, and her clients range from large publicly-traded companies to small family-owned businesses. Jennifer has litigated cases ranging from a single plaintiff to class action to the federal government. Jennifer handles cases across the country and is currently national counsel representing a provider of online travel services in more than 40 lawsuits and administrative proceedings throughout the United States.

The McGaheys live on Euclid Ave in Mountain Brook, in a house valued at almost $700,000. The remodeling of the McGaheys' home was featured in 2014 at styleblueprint.com. From the article, titled "Dull to Dazzling: A House Transformed":

Jennifer J. McGahey
(From lexology.com)
Jennifer and Griffin McGahey knew they wanted more living space. After much consideration, they decided their Birmingham neighborhood and neighbors were second to none, so remodeling their existing home was the way to go. They enlisted Scott Carlisle of Christopher Architecture and Interiors to help them renovate their house into the masterpiece it is today. Their original home was 2,200 square feet with three bedrooms and two baths. The McGaheys wanted a bedroom for each of their two boys, plus a guest room for visiting family. It was important to them to have an open family living arrangement and a home office, but not a priority to have a traditional dining room. By bumping out the existing foundation a mere six inches, removing all but two walls and going up with a second story, all their needs were met! The end result is a highly functional, breathtakingly beautiful space of 3,700 square feet, with scores of details from the ground up.

Why would Griffin McGahey, after engaging in all the time and effort (and money) it took to build a comfortable family space, put it all at risk by fooling around on Ashley Madison? We sought the answer to that question, and others, but McGahey did not respond to our queries. Jennifer McGahey also did not respond to our questions.


Previously:

Article with links to 1-20 in Ashley Madison series

(21) Craig Oliver, attorney, Springfield, MO (1/24/17)

(22) Craig Lowell, attorney, Wiggins Childs, Birmingham (1/26/17)

(23) Thomas Mancuso, tax attorney, Montgomery, AL (2/16/17)

(24) Nicholas Arciniegas, attorney, Washington, D.C. (2/21/17)

My wife, Carol, sets the wheels in motion to get bogus criminal charges against her dismissed in Missouri


Carol Shuler
My wife, Carol, has filed documents to have criminal charges against her in Missouri dismissed -- on multiple grounds. She also has filed a motion for discovery, which should help explain how these bogus charges came to life in the first place.

The motions were filed on Tuesday, and we had a hearing yesterday morning before Greene County Circuit Judge Margaret Holden Palmietto. Neither she, nor assistant prosecuting attorney Nicholas Jain, had been able to review the motions, so not much was accomplished yesterday. A hearing on the motions, and others that might arise in the interim, is set for May 3.

We've seen no evidence so far to suggest Palmietto is anything other than a competent and honest judge -- although given our experiences, we always are on the alert for signs of malfeasance. If she is, in fact, what we hope she is, the decision to dismiss the charges should be an easy one.

Carol's first motion for dismissal is based on a Probable Cause (PC) Statement that was made in bad faith and includes numerous false statements that should put its author, Lt. Debi Wade, at risk of criminal prosecution. Aside from all the nuttiness in Wade's handiwork, this much can't be disputed: A Misdemeanor Information filed by Prosecuting Attorney Dan Patterson charges Carol with one count of "assault on a law enforcement officer," claiming she pushed a male officer named Jeremy Lynn. Wade admits in her PC Statement that she did not witness Carol push Wade, but some unknown person "advised" her on the matter. It's hard to imagine a more blatant case of inadmissible hearsay -- and that means the charge must be dropped, as a matter of law.

It also calls Wade's credibility, overall, into question. From Carol's Motion to Dismiss:

In the probable cause statement, Debi Wade claims Carol Shuler “assaulted” Capt. Jeremy Lynn in the entryway of the residence. Wade then states: “I was not witness to that assault, however, I was advised that Carol first pushed the door from inside when Capt. Lynn attempted entry with the key, then got physical with him once inside the threshold and pushed him repeatedly.”

Wade admits she did not witness this incident and says an unnamed individual “advised her of what happened.” This is rank hearsay, and it is the only information in the probable cause statement about the alleged assault on Jeremy Lynn. This information is due to be excluded as hearsay, and since it’s the only information regarding the only alleged incident of assault, the charge is due to be dismissed.

A charge that is based on zero probable cause must be dismissed, so that should be a simple matter. But Carol took the extra step of filing a "Motion to Have This Matter Declared a Vindictive Prosecution and to Have it Dismissed As Such." What is a vindictive prosecution? This is from a Missouri case styled State v. Potts (Mo. Ct. of App. 2005), which involved drug charges:

[Potts] alleges that the prosecutor acted vindictively when he raised the charge from possession of a controlled substance to possession with the intent to distribute after the trial court sustained Appellant's motion for a mistrial during voir dire.  He also argues that the prosecutor deliberately induced the mistrial in order to file the greater charge and as a result double jeopardy bars further prosecution on either charge. We conclude that the first part of that contention requires reversal . . .

Here is more, from Potts, on the legal concept of vindictive prosecution:

When the State has probable cause to believe a crime has been committed, the “decision whether or not to prosecute and what charges to file generally rests entirely within the prosecutor's discretion.” . . . This decision is rarely subject to judicial review. . . . Not all charges that can be, must be filed in the initial indictment. . . . Prosecutors can hold some charges in abeyance for strategic use.

However, when such a decision comes after an accused has exercised a constitutional or statutory right, those principles conflict with the premise that “[t]o punish a person because he has done what the law plainly allows him to do is a due process violation of the most basic sort.” [Potts] relies on Blackledge v. Perry, 417 U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628 (1974), for the proposition that due process bars the State from retrying him on the higher charge.

In Carol's case, she is being punished for three vindictive reasons: (1) Because we exercised our right to challenge, and even file an appeal, of landlord Trent Cowherd's attempt to evict us; (2) Because I have continued to blog about political and legal corruption in Alabama and Missouri -- and the determination to pursue charges against Carol, curiously, came not long after I had published sensitive information about Trump Attorney General Jeff Sessions, who now finds himself at the center of "Kremlingate," which threatens to become perhaps the most outrageous scandal in U.S. history; (3) Because it's clear we have grounds for a civil-rights/police-brutality lawsuit against the sheriff (and others) responsible for Carol's broken arm.

The vindictive prosecution motion should not come into play because the lack of probable cause is enough to doom the prosecution's case. But Carol's motion points to considerable evidence that the charges against her have nothing to do with any alleged crime, but rather are based on notions of intimidation, retaliation, and vindictiveness. In essence, the state is trying to blame her for cops breaking her arm. In sociology classes, that's called "Blaming the Victim." And we are learning that it's very real.

As for discovery, Carol's initial motion touched on general matters, with more specifics to follow. From the motion:

As an initial matter, Shuler moves this court to order the state to turn over all documents related to an investigation of a “critical incident” involving use of force, as required by Greene County Sheriff’s Department policy. Shuler notes that policy calls for interviews of all individuals targeted with use of force and all witnesses, but neither Carol Shuler nor her husband, Roger, have been interviewed. That suggests no investigation was done -- or at least, that any such investigation was incomplete.

Regardless, Shuler moves that all documents related to a GCSO investigative report that was supposed to be prepared per departmental policy – including all internal memos, emails, texts or other written or electronic forms of communication – be turned over as soon as possible.

As a matter of law, Carol is entitled to this information, and much more, which should help her mount a serious defense.

Carol's motions are being scanned into a digital format and will be published here shortly. Meanwhile, she has sent the message that screwing around with her is not going to be a joyride for prosecutors -- or the sheriff's office.





Wednesday, March 15, 2017

Documents related to my wife's arrest in Missouri show she was locked up for nothing, based on probable cause statement that presents no evidence of a crime


Carol Shuler
The State of Missouri arrested my wife, Carol, based on a probable cause statement that includes not one sentence of admissible evidence that she committed a crime. Let me repeat: Carol's arrest was based on . . . nothing, no evidence that she committed any crime.

In a sense, that does not surprise us; over several dozen posts I've written about events during our unlawful eviction on Sept. 9, 2015, I've consistently reported that Carol did nothing unlawful, nothing wrong. I've reported that she was the victim of an assault, which left her with a shattered left arm, not the perpetrator of an assault. I witnessed every second of her interactions with Greene County Sheriff deputies that day, except when she was inside the apartment gathering our personal belongings -- and even the cops don't claim there was any physical encounter there.

I've known for more than 16 months that the only criminal actions were by the cops themselves. But even I did not expect their probable cause statement to, in essence, admit that Carol did nothing wrong. So, why was she arrested, finger printed, photographed (as in a mugshot) on Jan. 31? Why does she have a hearing at 9 a.m. today before Judge Margaret Holden Palmietto?

How could this happen? It certainly can't continue for very long, under the law, because Carol clearly was arrested without probable cause. Here's how we know:

A Misdemeanor Information (MI) filed by Greene County prosecuting attorney Dan Patterson reads, in part, as follows:

COUNT I
(Missouri Charge Code: 565.083-002Y20051313.)
The Prosecuting Attorney of the County of Greene, State of Missouri charges that the defendant, in violation of Section 565.083, RSMo, committed the class A misdemeanor of assault of a law enforcement officer in the third degree, punishable upon conviction under Sections 558.011 and 560.016, RSMo, in that on or about September 9, 2015, in the County of Greene, State of Missouri, the defendant knowingly cause physical contact with Jeremy Lynn, a law enforcement officer without the consent of Jeremy Lynn by pushing him.

That's it. That's the only allegation that Carol assaulted anyone. Now, let's look at the Probable Cause (PC) Statement. (The MI and PC Statement are embedded at the end of this post.)

Lt. Debi Wade, the only female officer on the scene that day, is author of the PC Statement. Wade seemed mostly on the periphery of events, and I don't recall her and Carol coming in contact with each other. So why, out of six to eight officers on the scene, was Debi Wade chosen to write the PC Statement? I have no idea, but it certainly wasn't for the sake of accuracy. This is from the PC Statement, beginning with the fourth sentence:

Upon initial contact in the entryway of the residence, Roger's wife Carol T. Shuler physically assaulted Capt. Jeremy Lynn. I was not witness to that assault, however, I was advised that Carol first pushed the door from inside when Capt. Lynn attempted entry with the key, then got physical with him once inside the threshold and pushed him repeatedly.

Those of you who read this closely might already have guffawed loud enough to wake the neighbors. Let's pause to gather ourselves before pondering the absurdity in this statement. Notice the part in yellow; it says Wade did not witness the assault -- someone else told her about it -- but she's swearing about it under oath anyway.

You could drive to downtown Birmingham right now, if you aren't already there, and find a wino under a bridge who would recognize that as hearsay. And the wino probably would know that hearsay generally is not admissible evidence in a court of law. Since that's the only statement about an "assault" on Jeremy Lynn -- and it's hearsay -- there was no probable cause to bring charges against Carol Shuler.

You could print out a copy of the PC Statement and show it to the wino, allowing him to read it thoroughly. And he probably would say, "They call this probable cause? Shiiiiiiii - ittttttttt. How dumb are them hillbillies in Missouri?"

Better yet, imagine this: You are the parent of a third grader at an elementary school in your neck of the woods. You get a call from the school saying you had better come quick, Billy Jones has alleged your child stole his lunch money. You arrive at the school to hear the following conversation:

Principal: "Now, Billy did you see little Johnny steal your money?"
"No sir, Mr. Principal, but someone advised me that he did."
"Who advised you of that?"
"I don't know his name. But he's a tall, green man -- sort of like the Jolly Green Giant. And he has wings, and sprinkles pixie dust everywhere, and then flies off."
"Billy, do your parents have a 'friend' they call 'Mr. LSD'?"
"Oh, yes, Mr. Principal, they talk about him all the time."
"I see. Billy, that explains a lot. Here's some good news: I think you've got a fine career ahead of you as a deputy with the Greene County Sheriff's Department."
"Thanks, Mr. Principal! That sounds like fun!"
"Oh, trust me. You'll have a blast."

What about the trespass charge against Carol? The MI says the "facts" that form the basis for the charge are contained in the PC Statement. When you read the PC Statement, you see that it says not one word about trespass, not one word about actions that even conceivably amount to trespass.

You've heard the phrase, "You can't make this stuff up," usually accompanied by a shake of the head? Well, the criminal charges against Carol certainly fit in that category. More on this subject in upcoming posts.








Tuesday, March 14, 2017

While serving as U.S. attorney in Alabama, Jeff Sessions developed a "hit list" of Democrats to target for political prosecutions -- and he used it often


Jeff Sessions
(From cnn.com)
International attention is focused on Jeff Sessions because of false statements the Trump attorney general made before Congress regarding his communications with Russian officials during the 2016 campaign. But the notion that Sessions, a former U.S. senator from Alabama, might be a shady character is not breaking news.

Those who have lived in Alabama for years and are familiar with Sessions' underhanded nature, know it would be improper to compare him to a worm. Many worms probably live most of their lives without harming another living being. Based on a report last week from The Guardian, the same cannot be said of Jeff Sessions.

When Sessions was U.S. attorney for the Southern District of Alabama (appointed by Ronald Reagan and serving from 1982 to 1991), he became known for prosecuting individuals based on politics. Perhaps the best known case involved the 1989 race for mayor of Mobile and a Democrat named Lambert Mims. From The Guardian article, by reporters Jon Swaine and Oliver Laughland:

Arthur Outlaw wanted a second term.

It was 1989 and Outlaw, the Republican mayor of Mobile, Alabama, was girding himself for his re-election campaign. Word was that Lambert Mims, a popular local Democrat, would run against him. Some Republicans were growing skittish.

But a close friend of Outlaw’s had something planned. The friend had been president of the state Young Republicans, chairman of the regional GOP, then a senior official in the Mobile County Republican party. And now he was the top federal prosecutor in southern Alabama.

“Jeff says that Mims won’t be around by that time,” an Outlaw aide said ominously, while discussing the election at a City Hall meeting that February, according to a sworn affidavit from an official who was in the room.

A few months later, Mims confirmed that he would be challenging Outlaw. Then Jeff Sessions made his move.

What move did Sessions make? He wielded his prosecutorial power for political reasons. If Americans are troubled by Sessions' apparent perjury before Congress, they should be worried out of their minds about his history as an unethical prosecutor. From The Guardian:

Sessions, then the US attorney for Alabama’s southern district, indicted Mims on criminal corruption charges relating to obscure four-year-old negotiations over a planned recycling plant. Mims was the ninth notable Democrat in the area to be indicted by Sessions since the young Republican was appointed by President Ronald Reagan. He would not be the last.

Opponents concluded that Sessions used his federal prosecutor’s office, and the FBI agents who worked for him, as political weapons, according to more than half a dozen veterans of Mobile’s 1980s legal and political circles. Some alleged in court filings that the ambitious young Republican actually worked from a “hit list” of Democratic targets.

“Sessions was a gun for hire,” said Tom Purvis, a former sheriff of Mobile County, “and he went after political enemies.” Purvis was acquitted of charges against him that Sessions oversaw after Purvis unseated another Outlaw ally from the elected sheriff’s position.

Let those two highlighted sections sink in for a moment. Mims was the ninth major Democrat in the Mobile area to be indicted by Sessions, and based on court pleadings, Sessions worked from a "hit list" of Democratic parties. Prosecutorial misconduct does not get much uglier than that.

Lambert Mims
(From theguardian.com)
Here's how The Guardian unearthed some of the nastiness in Sessions' reptilian past:

Bolstering the claims are the remarkably thin prosecution cases brought by Sessions against some of those Democrats he indicted, which are detailed across thousands of pages of archived court filings that were reviewed by the Guardian.
Sessions had no direct evidence that Mims had committed a crime. The recycling plant was never even built. “I’ve never seen such a flimsy, weak case as this against anybody,” Mims’s attorney said in court.

Still, Sessions’s office, which boasted a 95% conviction rate, persuaded a jury to find Mims guilty. Mims, a 60-year-old lay preacher, sobbed through his trial. He cried when he was convicted, then cried again when he was sentenced to 10 years in prison. “I will go to my grave proclaiming my innocence,” Mims told Judge Charles Butler.

The Guardian provides details on at least four other cases where Sessions made dubious use of his prosecutorial powers for political reasons. Reading about those cases should scare the living daylights out of any American, of any political persuasion, who cares about justice.

Much has been made of Donald Trump's apparent unfitness to serve as president. Jeff Sessions might be every bit as unfit to serve as attorney general.

Americans love lawyer jokes, I suspect, because many lawyers have proven to be brazenly dishonest -- and my brother, David Shuler, provides a classic example


David Shuler
How are an apple and a lawyer alike? They both look good hanging from a tree.

Now that's funny; in fact, I'm having trouble wiping the smile off my face. So why do we love lawyer jokes so much? Here is my best guess: Lawyers, or at least quite a few of them, have demonstrated a unique "talent" for dishonesty -- and they often charge us outlandish fees while they lie to us.

It's unfortunate to say this, but my own brother -- Springfield, Missouri, attorney David Shuler -- provides a classic example. I grew up in a family where I thought everyone had a strong sense of right and wrong. David has proven me wrong about that. Consider this from an e-mail he sent me, dated 8/25/15. It came after I had served him with a counterclaim I had filed in the eviction lawsuit filed against me by landlord Trent Cowherd. I only served David because Cowherd had filed a baseless lawsuit against our mother, Gondy Shuler, because she was co-signor on our lease, and David was (at least on the surface) representing her:

I appreciate you sending me a copy of your pleadings. Your counterclaim seems to indicate that I somehow want to be involved in your legal proceedings. Nothing could be further from the truth. For some reason, people keep contacting me regarding issues they are having with you. Maybe it is because I have a law degree and they think I will know what to do. . . . 

Roger, I have no hard feelings toward you and I wanted to make it clear that I have never wanted to be involved in your business. For some reason, people keep calling me about you and I am stupid and think I can help.

I will likely see you in court on Thursday, but unless absolutely necessary, you will have no further contact from me.

Again, I wish you the best.

He wishes me the best? He's never wanted to be involved in my business? Does this guy reside on Planet Lie-A-Tron? We invite you to check out the document embedded at the end of this post. It's a letter David wrote to Kelly Halford Rose, the judge in our eviction case. He wrote it four days before he wrote the e-mail noted above.

In the first paragraph, he trashes me repeatedly, falsely claiming I had refused to pay rent or move out of our duplex apartment. We now know that Cowherd could not commence eviction proceedings, under Missouri law, until our rent had been late for at least one month -- and ours was late by five days. Does David mention that to Judge Halford? Nope, he's too busy making my wife, Carol, and me sound like squatters.

In the second paragraph, David makes it clear that he really is not representing my mother. He is trying to help Cowherd regain possession of property that, by law, it is not entitled to regain. Translation: David wishes me "the best," but he's doing his damnedest to make Carol and me homeless; he doesn't want to be involved in my business, but he is making every effort to be involved in our business -- by aligning himself against us (and with an unethical landlord and a corrupt judge).

Most normal people cannot imagine lying like that, particularly about fairly important matters of shelter. Most normal people cannot imagine being that two-faced. But quite a few lawyers can do it -- and David Shuler is one of them.


Monday, March 13, 2017

Boston attorney J. Whitfield Larrabee files complaint with Alabama State Bar against Jeff Sessions, pointing to possible criminal acts that go way beyond perjury


Jeff Sessions
We wrote last Tuesday about the complications that might arise if someone filed a bar complaint against Trump Attorney General Jeff Sessions, in light of his false statements to Congress about meetings with a Russian ambassador during the 2016 campaign. It didn't take long for someone to file that complaint.

Boston attorney J. Whitfield Larrabee filed a complaint against Sessions with the Alabama State Bar last Thursday (March 9), just two days after our report, based on statements from Western Michigan University law professor Victoria Vuletich. How's that for swift action? (The Larrabee complaint and attachments are embedded at the end of this post.)

On the same day, the ACLU also filed a bar complaint against Sessions. If the Trump AG thinks he isn't in hot water, perhaps he should check with domestic diva Martha Stewart. (More on that subject in a moment.)

Larrabee minces no words in his statements about Sessions' actions:

The complaint accuses Sessions of violating the Alabama Rules of Professional Conduct by committing perjury and other crimes when he testified before the Senate Judiciary Committee on January 10, 2017. The complaint alleges that Sessions committed crimes when he falsely testified that he had no communications with the Russians during the election campaign and when he subsequently engaged in a cover up. In my opinion, Sessions’ continuing service as Attorney General amounts to a serious conflict of interest, violates the integrity of the United States Department of Justice and is a form of corruption.

I've filed two or three complaints against various lawyers with the Alabama State Bar, and each time, I received nothing but a letter stating no investigation would even be conducted. I concluded the state bar is a corrupt right-wing outfit (which it is) that serves up protection, more than discipline, for Alabama lawyers -- at least those who are connected to major firms or the state's GOP noise machine. I decided to forego bar complaints and make more productive use of my time.

It might not be so easy for the bar to brush off Larrabee's complaint against Jeff Sessions. To be sure, Sessions is precisely the kind of lawyer the Alabama State Bar likes to protect. He has the right-wing bona fides, and he likely is the organization's best known member. But Larrabee is a lawyer himself, he clearly is not a lightweight, and Sessions' violations of the bar code came in public view, with a national and international audience. It's going to be hard to ignore them.

If the Alabama State Bar hasn't grown a spine, it might need to grow one in a hurry. Long-time general Counsel Anthony McLain died in January. Experience taught me that McLain was little more than an empty suit and an obstructionist. In fact, he was at the controls when Alabama's legal community spiraled into a mass of corruption and malfeasance, and there is little evidence to suggest McLain did anything about it. If Tony McLain were still alive, there is little doubt he would do his best to provide cover for Jeff Sessions.

What happens now that McLain is gone? According to the bar's Web site, it appears no one has been appointed to replace McLain, even on an interim basis. The bar has three assistant general counsels -- Jeremy McIntire, Mark Moody, and Tripp Vickers -- and they all probably are right-wingers without an ounce of integrity among them. The Sessions story could shine a glaring spotlight on the incompetence and corruption that has plagued the Alabama State Bar for years.

J. Whitfield Larrabee
As for Larrabee, he has demonstrated a willingness to step on powerful toes when they appear to have danced into unethical and perhaps criminal territory. He filed multiple complaints against candidate Donald Trump and Florida Attorney General Pam Bondi over apparent bribery. (See here, here, here, and here.) From Larrabee's complaint against Sessions:

Beginning on or about January 10, 2017, Sessions engaged in unethical and criminal conduct in violation of the Alabama Rules of Professional Conduct.

Sessions violated Rule 8.4(b) by committing a criminal act or criminal acts that reflect "adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects."

Sessions violated Rule 8.4(c) by engaging “in conduct involving dishonesty, fraud, deceit or misrepresentation.”

Sessions violated Rule 8.4(d) of the Alabama Rules of Professional Conduct by engaging "in conduct that is prejudicial to the administration of justice."

Sessions violated other provisions of the Alabama Rules of Professional Conduct by giving false testimony to a legislative body, by failing to take reasonable and appropriate measures to remedy this misconduct, by affirmatively acting to cover up and conceal his misconduct, and by failing to avoid conflicts of interest in his activities as a lawyer and public official.

Larrabee provides background on events leading to Sessions' false statements, in response to questions from U.S. Sen. Al Franken (D-MN):

On January 6, 2017, the United States government released a report expressing the conclusion of the FBI, CIA and NSA that Russia engaged in a campaign of cyberattacks, propaganda, and mis-information in order to aid Trump to win the presidential election. This report gained a great deal of coverage in the news media such that it very likely came to the attention of Sessions.

Prior to January 10, 2017, the FBI and US government intelligence agencies concluded that Russian operatives were behind the hacking of the computers of Democratic National Committee and of the email account of John Podesta, chairman of Hillary Clinton’s presidential campaign.

On January 10, 2017, Sessions gave sworn testimony before the Senate Judiciary Committee in a hearing concerning his confirmation as Attorney General.

In the hearing, Sessions told Franken, "I did not have communications with the Russians," even though Franken never asked him if he had. On March 1, The Washington Post reported that Sessions had met at least twice with Russian ambassador Sergey Kislyak during the 2016 campaign:

Larrabee outlines the elements of perjury under U.S. law and then states:

Evidence establishes that Sessions is guilty of perjury in violation of 18 U.S.C. § 1621.

After giving false, deceitful, dishonest, fraudulent and misleading testimony to the Senate Judiciary Committee, Sessions participated in a cover-up of his criminal, dishonest and unethical conduct.

On March 1, 2017, the Washington Post reported that Sessions met with Kislyak twice in 2016 and that he failed to disclose the meetings when asked by Franken.

On March 1, 2017, Sessions’ spokeswoman, Sarah Isgur Flores (“Flores”) responded to the Washington Post report. Referring to Sessions’ testimony before the Senate Judiciary Committee, Flores stated: “there was absolutely nothing misleading about his answer." Flores is the Director of Public Affairs at the Department of Justice and is under Sessions supervision.

On March 1, 2017, in response to the Washington Post report, Sessions issued a statement through Flores: “I have never met with any Russian officials to discuss issues of the campaign. I have no idea what this allegation is about. It is false.”

Sessions’ denials of the Washington Post report, and his assertion that the report was false, was itself false, misleading and dishonest. The Washington Post never reported that Sessions and Kislyak discussed issues of the campaign. Sessions’ statement about the Washington Post report included at least one lie.

Once the false statements before Congress became public knowledge, Sessions made the situation worse, Larrabee states:

Because Sessions’ testimony denying that he had communications with the Russians was false and misleading, it was dishonest for him to allow Flores to speak on his behalf and to assert that “there was absolutely nothing misleading about his answer."

On March 6, 2017, Sessions submitted a letter to the Senate Judiciary Committee supplementing his testimony on January 10, 2017. (Letter from Sessions to Charles E. Grassley, Chairman of the Senate Judiciary Committee, attached hereto as Exhibit “A.”)

Sessions claimed in the letter that his response to Franken, denying any communications with the Russians during the campaign, “was correct.” Rather than acknowledge the falsity of his prior testimony, Sessions willfully and deliberately insisted that his prior false testimony was correct. In doing so, Sessions made an additional material false statement to the Senate Judiciary Committee and attempted to conceal and cover up his prior false testimony and perjury.

This represents a violation of 18 U.S.C.  1001, Larrabee asserts. It's not unusual for individuals to go to prison for violating Sec. 1001, "Lying to Government Agents." The statute ensnared Martha Stewart, and Larrabee makes it clear that Sessions' issues go way beyond perjury. In fact, his issues go to the heart of possible criminality in the Trump administration:

The FBI and the United States Department of Justice (“DOJ”) are currently investigating links between associates of Trump, the Trump campaign and the Russian Government.

The individuals associated with the Trump campaign who were in contact with Russian officials include: Trump’s former National Security Advisor Michael Flynn, Trump’s advisor and son in-law Jared Kushner, Trump’s former campaign manager Paul Manafort, Trump’s foreign policy advisor Carter Page, Director of National Security for the Trump campaign J.D. Gordan and Sessions. None of these individuals were properly registered as agents of the Russian government under the Foreign Agents Registration Act, 22 U.S.C. § 611, et. seq. Trump and his representatives repeatedly and falsely denied that these contacts with Russian officials occurred. . . .

All of this points to violations of United States Campaign Finance Act, 52 U.S.C. § 30121. Again, the Larrabee complaint goes way beyond Sessions and way beyond perjury:


Collusion with Russia by individuals associated with a political campaign, who are not registered as foreign agents of Russia, in order to aid Russia in influencing the election of the President of the United States, would be a criminal violation of the Foreign Agents Registration Act.

Kislyak and Sessions were likely in contact because of Sessions’ position and relationship with Trump and his campaign. Sessions was not part of the Senate Foreign Relations Committee. Except for his participation in the Trump campaign, there were few other reasons for the Russian ambassador to want to communicate with Sessions in the midst of an election. The primary reason Kislyak communicated with Sessions was his role in the Trump campaign, not his role as a Senator.

Sessions’ contacts with the Russian ambassador during the election campaign and his false and misleading statements denying these contacts are specific facts that give rise to a reasonable suspicion that Sessions was involved in criminal activity related to Russian interference with the 2016 election.

Let those words sink in for a moment: "Sessions was involved in criminal activity related to Russian interference with the 2016 election." This suggests a scandal that might dwarf Watergate in scope and seriousness.

And one of Alabama's senior political figures appears to be at the heart of it.





In light of our discovery about timing of evictions, a Missouri judge and a Show-Me lawyer (my brother, David Shuler) make a run up the "corruption Top 40"


David Shuler
Who is the most corrupt judge we have ever encountered? There is a lot of competition for that "honor," so it's hard to say, but Missouri Circuit Judge Kelly Halford Rose is making a strong push for the top spot. Who is the most corrupt lawyer we've seen? Again, the competition is stiff, but it's sad to say that my brother -- Springfield, Missouri-based David Shuler -- is moving up the charts, with a bullet.

Those are among the conclusions from our recent discovery that eviction proceedings in Missouri cannot start until the tenant is behind on rent by at least one month.

Why do we reach these conclusions, given the huge number of reptilian legal figures we've encountered over roughly 14 years in Alabama? To be sure, Alabama's legal dirt bags hold the lead based on volume of cheat jobs. But this stuff in Missouri, which Rose and David Shuler screwed up (with help from landlord Trent Cowherd and his lawyer, Craig Lowther), is so easy to get right. That they could not get the legal equivalent of 2 + 2 = 4 right, suggests an off-the-charts level of corruptness.

Consider Rose, the judge in our eviction case. The record before her showed that Lowther had filed a rent-and-possession petition on Cowherd's behalf on August 5, 2015. Someone tried to serve a summons on us the next day. When we appeared in court on August 27, the first words out of Rose's mouth, directed to Cowherd's lawyer, should have been, "How much were these folks behind on rent when you filed the petition?"

"Uh, five days, Your Honor."

"You didn't know they have to be late by at least one month before you can seek an eviction?"

"We were sorta hoping you wouldn't notice that."

"Well, I did notice it. And you will notice significant sanctions attached to your fannies if you don't learn to follow the law in this courtroom. Case dismissed."

That's all Rose had to say, but abiding by the law apparently is too much to ask of her. Same thing for David Shuler. My "Brilliant Lawyer Brother" (BLB) knew we were not remotely close to being one month late on rent when the petition was filed. Consider this e-mail he sent to me on 6/2/15:

Hi Roger: 
I hope you and Carol are doing well. Mom asked me to contact you regarding the lease on your duplex. She said she tried to talk to you about it when she recently stopped by to visit, but was unable to do so. She talked to the people at Cowherd Construction and they are willing to extend your lease without a co-signor in that the rent has always been paid in full and on time. The lady suggested that you meet Mom at their office on 6/29 and they would allow you to execute a new lease. This lease would be in your name and would be your responsibility. I do not know if they would require Carol to be on the lease. I would think that they would also want her to sign since she would be living there. I also do not know how they would handle the deposit and pet deposit since those were paid by Mom.

Mom will make the last rent payment on 6/29 which will cover the month of July. You have the option to renew and stay there or of course, you could vacate and pick some place else to live.

Again, I hope you guys are doing well. Mom just wanted me to e-mail this information to you to avoid any confusion.

This all sounds nice and sweet, right? But there is something important my brother failed to mention: There was no provision in the original lease that we had to execute a new lease if the co-signor wanted to back out; it said the original lease simply went month to month -- unless one of the parties gave proper notice that it did not plan to go month to month. Of course, any such decision by either party had to be based on provisions in the lease. If either party tried to act outside the lease -- as Cowherd did -- that becomes a legal issue called breach of contract.

Now, let's examine the ex parte letter my brother wrote to Judge Halford as our case was about to go to trial. The full letter is embedded at the end of this post, and here are the contents:

Dear Judge Halford:

I am writing regarding the above referenced case. Roger Shuler is my brother who has been estranged from my family for approximately 25 years. Recently, a family friend helped him relocate to the Missouri area. Unfortunately, my 85 year old mother made the mistake of agreeing to co-sign a lease for Roger with Trent Cowherd Construction. She agreed to pay his moving expenses and his rent for thirteen months to help him get back on his feet. She never dreamed that Roger Shuler would then refuse to pay his rent and/or vacate the property.

My purpose in writing this letter is to let you know that I intend to appear on behalf of my mother. Gondolyn Shuler intends to cooperate with the Petitioner (Trent Cowherd) in the matter and assist in any way to help them regain possession of the rental property currently occupied by Mr. Shuler.

You will notice that this is the unvarnished David Shuler, with all the phony sweetness and light removed. He says our mother made a mistake by trying to help Carol and me, as if that's a decision for him to make. Has our mother (and our father, when he was living) provided financial assistance to David and his family when they encountered rocky waters? I strongly suspect the answer is yes. But to help Carol and me? What a dreadful thought.

David then falsely claims I had refused to pay the rent or vacate the property. David's letter was dated August 21, 2015, meaning Cowherd still was at least 10 days short of being able to initiate eviction proceedings, much less have a court date. David Shuler conveniently ignores this little matter of law.

The second paragraph is so crooked that is makes the mind swim. From one side of his mouth, David claims to be representing our mother. From the other side, he admits that he (and our mother) are working on behalf of Trent Cowherd, trying to make sure Cowherd regained property that he was not entitled to regain because he untimely filed his rent-and-possession case.

"Fraud on the court" is a legal term that is more complex than most lay folks realize. I don't claim to be an expert on the subject, but this probably comes pretty close to a "fraud on the court." David Shuler admits he was representing one person when his real interest was in assisting another -- and he even roped our elderly mother in on such a crooked act.

I used to think Alabama was home to a special breed of corrupt legal animal. But I've discovered you can find the same sort of animals in Missouri and probably many other states -- they have no problem crossing state lines.

Despite multiple requests, David never served the below letter on me -- as he is required by law to do. I guess David wasn't so proud of his handiwork once he knew it had seen the light of day. Isn't that how cockroaches behave, constantly trying to avoid the light?





Thursday, March 9, 2017

Washington Post story on Jeff Sessions' meetings with Russian ambassador Sergey Kislyak proves anonymous sources play a key role in unmasking corruption


Jeff Sessions
(From slate.com)
The Jeff Sessions Russia scandal has been portrayed largely as a story of politics and national security. But it also is a story of journalism -- and that angle has gone mostly unnoticed.

What stands out about the journalism that broke Sessions' communications with Russian ambassador Sergey Kislyak? It was based on anonymous sources, and if it brings down the Trump administration, it will be one of the biggest political stories of the past 100 years. Its likely strongest competitor, Watergate, also was based largely on anonymous sources.

We can't help but notice the irony in that. We have taken considerable criticism here at Legal Schnauzer for our infrequent use of anonymous sources. In fact, our use of anonymous sources has been limited mainly to reports on the Rob Riley/Liberty Duke and Luther Strange/Jessica Medeiros Garrison extramarital affairs.

The criticism, especially after we were sued for defamation on both stories, went something like this: "Well, Legal Schnauzer presented no evidence to back up his claims about the affairs." Even The New York Times, in reporting on my unlawful incarceration from the Riley/Duke case, went down that slippery slope. Wrote reporter Campbell Robertson:

For over six years, Roger Shuler has hounded figures of the state legal and political establishment on his blog, Legal Schnauzer, a hothouse of furious but often fuzzily sourced allegations of deep corruption and wide-ranging conspiracy. . . .

Starting in January 2013, Mr. Shuler, citing unidentified sources, began writing that Robert Riley Jr., the son of the former governor, had impregnated a lobbyist named Liberty Duke and secretly paid for an abortion. Both denied it, and Ms. Duke swore in an affidavit that they had never even been alone in the same room.

Fuzzily sourced? Robertson failed to note his own newspaper's regular use of anonymous sources. He also failed to follow up with a report that my reporting, as a matter of law, was found to be neither false nor defamatory in both the Riley/Duke and Strange/Garrison lawsuits.

My sourcing, and the evidence presented, was at the same level of that in the Jeff Sessions reporting. This is the first paragraph from The Washington Post article that broke the Sessions story:

Then-Sen. Jeff Sessions (R-Ala.) spoke twice last year with Russia’s ambassador to the United States, Justice Department officials said, encounters he did not disclose when asked about possible contacts between members of President Trump’s campaign and representatives of Moscow during Sessions’s confirmation hearing to become attorney general.

Bottom line: Post reporters based their story on anonymous sources. And no one, not even Jeff Sessions, has questioned the accuracy of their story.

Why did the Post grant anonymity to its sources? Probably because the sources, if they were named, would put their careers, maybe their lives, on the line. That's the same reason I've used anonymous sources on certain stories in Alabama's toxic political stew.

Those who are quick to criticize the use of anonymous sources might be wise to remember the Sessions story. It undoubtedly is accurate, and it likely would have never gotten to the public without anonymous sources -- and reporters who were willing to use them.

The bogus criminal counts against my wife, Carol, are called "cover charges," and they are designed to intimidate her from filing a police-brutality lawsuit


X-ray of Carol Shuler's broken arm
There is a name for the bogus assault charge Missouri officials have brought against my wife, Carol, related to our unlawful eviction in September 2015. It's called a "cover charge," and I wrote about the subject almost exactly one year before Carol was arrested based on cover charges.

A cover charge can happen when a corrupt law-enforcement agency, like the sheriff's department here in Greene County Missouri, has abused a citizen and needs a way to ward off a civil-rights lawsuit. The idea is to bring false criminal charges against the victim, hoping that will intimidate her into avoiding civil remedies.

A reasonable person might say, "My God, I can't believe cops would be underhanded enough to do that!" But quite a few of them are, and published reports indicate cover charges are not uncommon. From our post on the matter, published on February 11, 2016; Carol's arrest, based on cover charges for assault on a law enforcement officer and trespass, came on January 30, 2017:

An Occupy Wall Street activist named Cecily McMillan was the apparent victim of a "cover charge" in May 2014 in New York City. Aviva Shen also covered the McMillan story for Think Progress:

"Occupy Wall Street activist Cecily McMillan has been sentenced to 3 months in jail and five years probation for assaulting a police officer, a charge that sparked outrage and protests earlier this month. McMillan, who said she threw her elbow up behind her instinctively after the officer groped her breast, faced up to seven years in prison for felony assault. The perceived injustice inspired multiple petitions on McMillan’s behalf and close public scrutiny — but could the 25-year-old graduate student’s case help bring attention to others like her?

"Despite medical photographs of McMillan’s bruises, including a hand-shaped mark on her breast, Officer Grantley Bovell said McMillan attacked him unprovoked, and prosecutor Erin Choi said McMillan’s claims were “so utterly ridiculous and unbelievable that she might as well have said that aliens came down that night and assaulted her.” Grainy cell phone footage of the altercation makes it unclear whose version of events is accurate."

McMillan almost certainly was the victim of a cover charge, but she likely was convicted because the officer did suffer an injury when her elbow made contact near his eye -- and she had the misfortune of drawing a clueless jury and a prosecution-friendly judge. In Carol's case, no one has alleged an officer suffered the slightest scratch -- not even in Deputy Debi Wade's probable cause statement, which is a work straight out of Fantasy Island. (More on that in a series of upcoming posts.)

Missori deputy Debi Wade
(From Facebook)
So how is it that my wife, the victim of an assault, is facing charges for assault? According to Aviva Shen, of Think Progress, it happens quite often. Our guess is that the worse the cops abuse you, the more likely they are to bring charges that you abused them. From our "cover charge" post, quoting Shen's work:

McMillan’s conviction sparked a flurry of media coverage and a protest in Zuccotti Park. But her predicament is unfortunately quite common. Police often charge victims of brutality with anything from assault to disorderly conduct to discredit their claims of police misconduct. While it is nearly impossible to compile exact statistics on this practice, sometimes called “cover” arrests, video recording has helped expose a number of cases where police have wrongfully charged people or fabricated police reports to justify violence.

For instance, another Occupy activist was cleared last year of charges that he “charged the police like a linebacker” after video footage showed cops tackling him as he was trying to get up. In another high profile case, police charged two University of Maryland students with felony assault, claiming they attacked officers on horses after a basketball game. A month later, a video emerged showing the cops beating an unarmed student with batons over a dozen times for no apparent reason.

Greene County Sheriff Jim Arnott knows he has problems for what was done to Carol. He's only heightened his problems by causing her to be falsely arrested and imprisoned. Landlord Trent Cowherd and his lawyer, Craig Lowther, likely know they have problems -- especially since Missouri law requires rent to be late by at least one month before eviction proceedings begin, and our rent was behind by five days. That means Cowherd and Lowther had no lawful grounds to seek an eviction when they did (via a rent and possession petition), and Arnott's gang had no grounds to be on the property when they were.

Have cops and their associates ever paid a dear price for bringing a "cover charge"? We don't know, but we intend to make sure those responsible for Carol's cover charge pay a dear price, indeed.