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As we struggle as a nation to understand the decisions being made by government officials in the George Floyd MURDER case, I’ll post a video this evening on my YouTube channel addressing questions like: why did it take so long when we had powerful video evidence of the crime;
why two charges - 3rd degree murder and manslaughter; why not 1st degree murder; and other questions. I reviewed and approved/disapproved more murder arrest warrants as a career prosecutor in DC than I can count. I also worked police excessive force cases resulting in death.
I’ll try to bring you an informed perspective of the events of the past week. As a nation, our heart goes out to George Floyd’s family, his friends and the Minneapolis community. And as a nation, we now demand justice for this criminal conduct by these police officers.
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Glenn Kirschner
@glennkirschner2
Dr. Baden and Dr. Allecia Wilson performed the second autopsy (for the victim's family) on the body of George Floyd. They ruled the CAUSE OF DEATH as "mechanical asphyxia" or what we used to refer to as "positional asphyxia." They ruled the MANNER OF DEATH a homicide.
This seems partially inconsistent w/the preliminary, summary statement in the court paperwork associated w/the arrest of officer Derek Chauvin. That paperwork said, "the autopsy revealed no physical findings that support a diagnosis of traumatic asphyxia or strangulation."
Although I dealt w/hundreds of autopsy reports in my time as a homicide prosecutor, I've spoken today w/two medical examiners to make sure I had a clear and accurate understanding of these seemingly different opinions. George Floyd died of an inability to breath due to pressure
Read 7 tweets
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Glenn Kirschner
@glennkirschner2
Evening All. Here's today's installment of "Prosecuting Trump and Company: A Citizen's Guide." OBSTRUCTION OF PROCEEDINGS BEFORE DEPARTMENTS, AGENCIES AND COMMITTEES, 18 U.S. CODE SEC. 1505. It’s a crime to “withhold . . . oral testimony . . . [from] an inquiry or investigation
[that] is being had by either House, or any committee of either House or any joint committee of the Congress.” How many executive branch officials have blown-off Congressional subpoenas? Under this section, it’s also a crime to wrongfully withhold documents from Congress.
So when, for example, Treasury Secretary Mnuchin withheld Trump’s tax returns - particularly in light of a binding law directing that tax returns “shall” be provided to Congress when a request is made by the Chairman of the House Ways and Means
Read 4 tweets
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Glenn Kirschner
@glennkirschner2
Evening All. Today's installment of "Prosecuting Trump and Company: A Citizen's Guide", FALSE STATEMENTS, 18 U.S. CODE SEC. 1001. It’s a federal felony to make a “false, fictitious or fraudulent statement or representation . . . in any matter within the jurisdiction of executive,
legislative or judicial branch of the government of the United States.” How’s that for a sweeping prohibition?
This crime applies in various settings. For example, when Bob Mueller’s investigators conducted interviews during the Russia investigation, witnesses who lied
were committing what prosecutors refer to as a “1001 violation.” Think of the now infamous incident of Mike Flynn lying to FBI agents about whether he discussed w/the Russians the possible lifting of sanctions. This law also applies to testimony before congressional committees.
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