law

Supremes Demand Unanimous Verdicts for Convictions

April 21, 2020 by GregC

Listen to “Supremes Demand Unanimous Verdicts for Convictions” on Spreaker.

The U.S. Supreme Court Monday ruled that criminal jury verdicts must be unanimous to result in convictions, a decision addressing laws in Oregon and Louisiana that allowed convictions even with two jurors voting to acquit.

“Wherever we might look to determine what the term ‘trial by an impartial jury trial’ meant at the time of the Sixth Amendment’s adoption—whether it’s the common law, state practices in the founding era, or opinions and treatises written soon afterward—the answer is unmistakable,” Justice Neil Gorsuch wrote in an opinion. “A jury must reach a unanimous verdict in order to convict.”

So how did Louisiana and Oregon wind up with laws not requiring unanimous verdicts for convictions and why did three justices rule in favor of the existing laws?

We ask Andrew C. McCarthy, former chief assistant U.S. Attorney for the Southern District of New York. We also discuss the push to release prisoners in many parts of the country to mitigate the spread of coronavirus and the inexplicable surprise by some local officials when the freed inmates commit more crimes.

Bernie Bites the Dust, Health Privacy vs. Public Good, Chafee Flops Again

April 8, 2020 by GregC

Listen to “Bernie Bites the Dust, Health Privacy vs. Public Good, Chafee Flops Again” on Spreaker.

Join Jim and Greg as they celebrate the end of the Bernie Sanders campaign, knowing an avowed socialist will not be president. They also weigh in on the thorny debate over how much our private health data ought to be available to the government as it navigates the COVID-19 crisis. And after forgetting Lincoln Chafee was running for president as a Libertarian, Jim and Greg comment on his second straight campaign implosion.

Hospitals Getting Ready, DC’s COVID Peak in July? Absurd Social Distancing

April 3, 2020 by GregC

Listen to “Hospitals Getting Ready, DC’s COVID Peak in July? Absurd Social Distancing” on Spreaker.

Hey, we made it to Friday! Join Jim and Greg as they applaud cities and states for gearing up for the worst of coronavirus before it hits. They also cringe as Washington, D.C., officials claim the COVID-19 peak may not come there until late June or early July. And they call for a common sense review as sheriff’s officials in southern California arrest a man for defying state orders by paddle boarding in the ocean by himself.

Game-Changing Good News, April in Quarantine, Dictatorial Democrats

March 30, 2020 by GregC

Listen to “Game-Changing Good News, April in Quarantine, Dictatorial Democrats” on Spreaker.

Join Jim and Greg as they cheer much quicker COVID-19 tests, new treatments, and progress on a vaccine. They also discuss the likely impact of America shutting down for at least another month. And they shake their heads at the tactics of New York City Mayor Bill de Blasio and Rhode Island Gov. Gina Raimondo.

National Lockdown Coming? Senators Squirm on Investments, Liberty vs. Security

March 20, 2020 by GregC

Listen to “National Lockdown Coming? Senators Squirm on Investments, Liberty vs. Security” on Spreaker.

It always feels good to make it to Friday, but this week it’s especially welcome. Join Jim and Greg as they discuss reports that we may be days away from a national lockdown that closes airlines, the markets, and forbids millions from commuting to work. They also groan as a number of U.S. senators face lots of questions after selling off stocks before the market plummeted over coronavirus fears. And as three New Hampshire residents sue Gov. Chris Sununu over his allegedly unconstitutional order banning gatherings of more than 50 people,they discuss the tensions between freedom and safety.

This episode is sponsored by Acre Gold. Go to getacregold.com/martini. Acre is giving away a gold bar for the month of March. Tweet why you should win and mention @get_acre for a chance to win the free gold.

China Exposed, Coronavirus & Criminals, Sanders Stays In

March 18, 2020 by GregC

Listen to “China Exposed, Coronavirus & Criminals, Sanders Stays In” on Spreaker.

Good news is a bit scarce today but the Three Martini Lunch is discussing three big stories. Join Jim and Greg as they document the latest evidence that China covered up the COVID-19 outbreak and refused to admit person-to-person transmission until late January. They also bang their heads on their desks as Philadelphia police make it known they are not going to arrest people for a wide variety of crimes while New York City and other major metropolitan areas look to empty their jails to reduce the risk of the virus spreading. And they wonder why Bernie Sanders continues his presidential when he’s hopelessly behind in the delegate count after another major shellacking on Tuesday.

Vaccine Progress, The Shutdown Debate, Ohio Election Drama

March 17, 2020 by GregC

Listen to “Vaccine Progress, The Shutdown Debate, Ohio Election Drama” on Spreaker.

The home version of the Three Martini Lunch is now up and running but there is always a stool for you! After Jim revels in the news that Tom Brady’s 20-year run with the New England Patriots is over, he and Greg tackle the good, bad, and crazy martinis of the day. First, they welcome the news from Dr. Anthony Fauci that a possible coronavirus vaccine is already in the first stages of testing. They also wonder just how restrictive government officials are going to get as they down society in an effort to confront coronavirus now that San Francisco is ordering residents to shelter in place, groups larger than 10 people are discouraged, and New Jersey is dabbling with curfews. Finally, they weight both sides of the furious political and legal fight in Ohio after Gov. Mike DeWine ordered Tuesday’s primary to be postponed.

Weekend at Bernie’s

February 24, 2020 by GregC

Listen to “Weekend at Bernie’s” on Spreaker.

Start your week with the Three Martini Lunch as we dissect the good, the bad, and the crazy concerning the Nevada Democratic Caucuses. Join Jim and Greg as they experience more than a little bit of schadenfreude as Democrats thoroughly freak out over Bernie Sanders dominating the vote on Saturday. But they get more serious as ’60 Minutes’ and even CNN remind everyone how radical Sanders is and how he praised Fidel Castro and Marxists in Nicaragua and the Soviet Union. And they unload on Nevada Democrats for running terrible caucuses plagued by having too few officials to run some precincts effectively and still not finishing the vote totals by Monday morning.

Barr’s New Warning, Trump Pardons Blago, Elites to the Rescue

February 19, 2020 by GregC

Listen to “Barr’s New Warning, Trump Pardons Blago, Elites to the Rescue” on Spreaker.

Threats of resignation, controversial pardons, libs wanting the elite to have more power in choosing presidents – we’ve got a full menu for you on Wednesday’s Three Martini Lunch. Join Jim and Greg as they welcome Attorney General Bill Barr’s latest plea for President Trump to stop making his job so difficult. They also bang their heads against the table as Trump commutes the sentence of a thoroughly unrepentant Rod Blagojevich. And they hammer away at a Washington Post opinion piece arguing that the Democratic primary process is not working well so the proper answer is to give more power to elites to reach a consensus on a nominee.

The Roger Stone Sentencing Fiasco

February 12, 2020 by GregC

Listen to “The Roger Stone Sentencing Fiasco” on Spreaker.

President Trump finds himself in the center of more controversy this week, this time for weighing in on the sentencing of former political confidant Roger Stone.

Last year, Stone was convicted on charges of obstruction, making false statements, and witness tampering as part of the Mueller investigation into alleged Russian collusion with the Trump campaign during the 2016 campaign.

Earlier this week, prosecutors recommended Stone be sentenced seven to nine years in prison. President Trump blasted the recommendation on Twitter as too harsh and as a “miscarriage of justice.” Tuesday, the Justice Department announced it was withdrawing that sentencing recommendation and urging a shorter prison term of 37-46 months. DOJ sources also contend prosecutors misled department officials on the recommendation. Trump subsequently thanked Attorney General Bill Barr for taking action.

Critics of Trump and Barr contend this is evidence of the erosion of the rule of law and that Barr is simply doing Trump’s bidding. All four prosecutors on the case subsequently resigned in protest.

So why was the original recommendation seven to nine years? Was there a sound legal basis for it or was it excessive? Was Trump way out of line to intervene in the case or is that his right as head of the executive branch? And why did the prosecutors resign?

We discuss all of this and more with former Chief Assistant U.S. Attorney for the Southern District of New York Andrew C. McCarthy, who is now a contributing editor at National Review Online and a Fox News Channel contributor.