Prosecutors in Chicago today dropped all charges against "Empire" actor Jussie Smollett, who had been charged with 16 felonies for allegedly directing a hate crime against himself.

Jussie continues to maintain his innocence. The AP has a curious statement in its article:

It was not immediately clear what prompted the decision to dismiss the case. Typically, a minimum condition of dropping cases is some acceptance of responsibility.

That's obviously wrong. It suggests that cases are never dropped because police make mistakes and the defendant is innocent. Why would a person who has been falsely charged accept responsibility for anything? Shouldn't the police or DA be accepting responsibility for rushing to judgment and filing charges it decides a few weeks later it cannot prove? Innocence may or may not be why Smollet's charges were dropped, but it is a reason many other people's charges are dropped. Not everyone who is arrested and charged is guilty.

There is no statement by the DA's office that they dropped the case because Jussie is innocent. [More...]

We knew Donald Trump wasn't the sharpest knife in the drawer, but who knew he can't even read?

Trump claimed today Mueller's report on the Special Counsel's investigation into Russian interference in the 2016 election and obstruction of justice exonerates him. Attorney General Barr's four page letter contains this direct quote from Mueller's report: (link fixed)

The Special Counsel states that "while this report does not conclude that the President committed a crime, it also does not exonerate him."

Either Donnie can't read, or he didn't have the attention span to make it to page three of a four page letter. Take your pick.

Robert Mueller has turned in his report on Russia. What's in it? No one knows. Attorney General Robert Barr says he will update Congress this weekend.

Since there have been no announcements of new arrests, I assume D.Jr. skated on charges of lying to Congress. As soon as Trump announced it's okay with him if Mueller's report gets released, I figured that would be the anti-climatic ending.

Donald Trump's 2020 budget includes $100 million for a project created and led by his daughter, Ivanka Trump, named the Women's Global Development and Prosperity Initiative. (I wonder how much they paid for the spiffy website.) It will give $50 million to 50 million women in the developing world.

Do we have a math problem here? How is $1 per woman going to help empower anyone?

What exactly qualifies Ivanka Trump for this position? What does she know about women entrepreneurship in countries where working mothers don't have multiple nannies like she does?

I do not want my tax dollars going to any federally funded position led by a child of Donald Trump. Not a single one of them has been proven to have the experience or skill set to lead anything. It's pure nepotism and like everything Trump, just another branding exercise.

Paul Manafort is in the courtroom. He is in a wheelchair. If you are following, let us know what happens. [Added: I returned just as the prosecution was wrapping up its argument. The updates below start with the latest and work backwards.

Update 5:23 p.m: Every prominent sentencing hearing in which the judge grants a downward variance from the advisory sentencing guideline is a good thing in that it will serve as a reminder to every other judge of their ability to do so, and that their job is not to impose a guideline sentence, but one that is sufficient, but not greater than necessary, to comply with the purposes of sentencing]. Chief among these factors is the nature of the offense and "the history and characteristics of the defendant."

Every judge must complete the "Judgment" form after sentencing. Part of that form is called a "Statement of Reasons." It lists a lot of factors and asks the Judge to check off the boxes that apply to their decision to impose a non-guideline sentence (called a variance -- a departure is something different.) When the judge completes and submits the Statement of Reasons, it does so under seal (sometimes available to counsel for the defendant). The form itself is not sealed and available on the U.S. Judiciary website. Here is the page with the non-exhaustive list of reasons a judge might choose to vary from and impose a non-guideline reason.

Update: 5:00 p.m. (MT): Manafort is sentenced to 47 months. Quite a departure from the guidelines, which reportedly were 19 to 24 years (according to the Government and Probation.) As a defense lawyer, I say good for Judge Ellis for so publicly recognizing that the advisory guidelines are just the starting point. Judges may not even presume the guidelines to be reasonable. [More...]

I had jury duty this morning in state court. They want you there by 7:30 a.m. That is really, really early. They don't start sending you to the courtroom till almost 10. There's virtually no parking so I took an Uber. But, I was late, and even though they had just started sending jurors to courtrooms, they said I have to do the whole thing again in two weeks. I don't mind, I just wish it were at 1:00 pm instead of 7:30 a.m.

I've been doing this periodically for decades and I've never been picked. What prosecutor is going to leave a practicing criminal defense lawyer on a jury? But Colorado has no occupational restrictions, so it's mandatory. (With a potential 6 month jail term if you fail to show up.)

This is an open thread, all topics welcome.

Colorado Democrats have re-introduced a bill to repeal the state's death penalty law. If it passes, Colorado will be the 21st state to ban the death penalty.

Our new Governor, former Congressman Jared Polis, says he will sign the bill if it passes. (In a Denver Post article, he said he also might then grant clemency to the three men on Colorado's death row, all of whom were prosecuted in Arapahoe County and all of whom are African-American.)

The bill will get its first hearing Wednesday. If you are a Colorado voter, please email your Representative and Senator (find them here)and urge them to pass this bill. You can read the bill here and follow its progress. And send thanks to Gov. Jared Polis.

Former Colorado Governor John Hickenlooper. a moderate Democrat, today announced he will run for President.

“I think it’s probably the worst period of division we’ve had in this country since the Civil War,” he said. “Ultimately I’m running for president because I believe that not only can I beat Donald Trump, but that I am the person that can bring people together on the other side and actually get stuff done. The division is keeping us from addressing big issues like climate change and the soaring costs of health care.”

I think Hickenlooper did a very good job as Governor here. He works hard, listens to both sides, takes risks when he needs to, doesn't bow to pressure and isn't an egomaniac. I'd support him as the candidate if he gets that far. I also like his campaign logo.

In other 2020 news, Eric Holder is not running. That's a good thing because he is very polarizing - the right hates him. Whenever the race turns personal rather than focusing on differences on issues, the voters lose. We can't avoid that with one candidate (the carnival barker with the desk in the oval office) but we can with whoever opposes him. Don't dismiss Hickenlooper, he might be the one if primary voters split between the more well-known candidates and cancel each other out.

Michael Cohen is testifying before Congress. Here is a link to stream it live.

His prepared written statement is here.

His wife and daughter are with him. Also accompanying him (on the left) is his new attorney, a long-time friend and colleague, Michael Monico from Chicago. I've known Michael for 25 years and he is not only supremely ethical but highly skilled. Cohen made a great choice.

I'll be listening in the car as I head up to a jail in the mountains. Here'a a place to discuss it. Also, don't miss this story of IRS agent John Frye being charged in San Francisco for leaking Cohen's SARS (suspicious activity reports from banks) to Michael Avenati. (Case No. CR 3-19-70176 LB.) The Complaint is here, and it's got all the details on his deposits and withdrawals regarding Stormy Daniels, his reimbursement and monies flowing to and from other countries.

San Francisco erases 8,000 marijuana convictions, dating to 1975.

Also, San Francisco loses a crusader for justice -- Public Defender Jeff Adachi has died.

This is an open thread, all topics welcome.

The Oscars are host-less this year. I think ratings, which haven't been good in recent years, will be even worse tonight.

Have any of you seen any of the movies that are up for awards?

Here's a place to discuss the Oscars if you're watching.

Donald Trump owns no hotels in Venezuela. Could he even find it on a map? And why is Melania Trump speaking at this event in Miami when the podium says "The President"? Was it a fundraiser? (I honestly don't know since I refuse to listen to either one of them.) Why am I writing about this? Because of the comments on You Tube. They are as cruel (and in some cases as apt)as any I can remember since the November, 2016 election results. Some are pretty funny (others are admittedly sexist and xenophobic).

One thing appears certain: A year and a half after the 2016 election, Donald Trump remains the most mocked and vilified person ever to have a desk in the oval office. His wife is now running second, perhaps contending only with Ivanka, Don, Jr. and Jared for that unglorified spot. [More...]