Wagner And Winick On The Law

The FBI investigated what are now called hate crimes as far back as World War I. However, the FBI's role increased following the passage of the Civil Rights Act of 1964. Before then, the federal government took the position that protection of civil rights was a local function, not a federal one. A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. A hate crime is defined as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.” However, it is important to remember that hate itself is not a crime and many words and actions are constitutionally protected as free speech. Listen to today's program to learn more about the definition, tracking, and prosecution of hate crimes in the US. Are incidents increasing? Or is reporting increasing? Is this primarily a criminal, or political issue?

It is no surprise that all persons, baggage, and merchandise arriving in, or departing from, the United States are subject to inspection, search and detention. However, did you know that your electronic device(s) can be detained for further examination, which may include copying. Did you know that customs agents can demand that you provide them with your passwords for your phone, computer, social media, Facebook pages, etc.? This is just as true for US citizens as it is for any other traveler. Tune in this week to learn more about your rights (or lack thereof) when you try to re-enter the U.S. after foreign travel. You WILL be surprised.

Co-hosts Mitchel Winick and Stephen Wagner continue their discussion of Presidential authority in the wake of the recent 9th Circuit decision extending the temporary injunction of President Trump's Executive Order restricting immigration from seven countries and banning Syrian refugees.

Co-hosts Mitchel Winick and Stephen Wagner are joined by regular guest co-host Constitutional Law Professor Michael Cohen to discuss the constitutional and legal authority of Presidential Executive Orders. The most recent orders issued by President Trump have raised constitutional questions regarding the separation of powers between federal and state governments. For example, can the federal government penalize or threaten states, counties, and cities that are designated as sanctuary juristictions when it comes to the enforcement of immigration laws and policies? Can the President restrict federal funding to universities by Presidential Order because he does not agree with their policies or curriculum? If a Presidential Executive Order appears to directly conflict with existing federal or international law, what steps need to be taken to resolve the conflict? Who gets to makes the challenge and where is it made? Listen in to learn more about these challenging issues.

Co-hosts Mitchel Winick and Stephen Wagner discuss the legal issues raised by President Trump's Executive Orders calling for extreme vetting of travelers from seven Muslim countries and the suspension Syrian refugee's entrance into the US. Can legal residents and holders of Green Cards and other legal visa's issued by the US government be detained, interrogated, and denied entrance into the US? Can national origin and religion be the basis of denying entry into the US? These and other legal issues have been the basis of a showdown in the federal courts. Join the hosts to learn more about the underlying legal questions involved in these disputes.

Co-hosts Stephen Wagner and Mitchel Winick discuss the frequently controversial process of Presidential pardons and commutations. President Obama gave out dozens of pardons this week and commuted the sentences of over 200 people. The co-hosts will discuss the differences between between presidential pardons and commutations, as well as how the process unfolds. They will also discuss the controversies surrounding some of the President's choices.

Co-hosts Mitchel Winick and Stephen Wagner discuss the questions surrounding Presidential business conflicts of interest. As President Donald Trump takes office, an unprecedented number of questions have arisen regarding the potential conflicts of interest that his world-wide business interests create. Does Trump's proposed answer to the concerns meet the standards of federal and Constitutional Law? What is the definition of a blind trust and why is it important. What authority does the Office of Government Ethics have? Join the co-hosts to discuss these legal and ethical issues surrounding the new President of the United States.

As we prepare for the inauguration of the new U.S. President, co-hosts Mitchel Winick and Stephen Wagner are joined by former law school dean and professor Greg Brandes to discuss how the Electoral College works, whether the Electoral College process can be changed, and whether states that are unhappy with the outcome of the US Presidential election can actually secede from the Union.

Co-hosts Stephen Wagner and Mitchel Winick are joined by guest co-host Michael Cohen to discuss the unique role of the US Solicitor General. Historically described as the Tenth Supreme Court Justice, this influential government lawyer is one of the least known, and little understood, positions in the American justice system. What roles do the different government lawyers play in our federal, state, county, and local legal systems?

Co-hosts Mitchel Winick and Stephen Wagner discuss the role of police officers in schools, called School Resource Officers. How does this affect the constitutional rights of students? How and when can searches and arrests be made? Cheryll Manley, Senior Deputy District Attorney in the San Luis Obispo, California District Attorney's office joins the conversation as a specialist in juvenile justice.

Who knew that the Emoluments Clause of the US Constitution even existed? With the election of Donald Trump, we have a president-elect who has complicated business dealings. Although the President is not covered by the same conflict of interest prohibitions as other federal office-holders, business dealings with foreign governments and foreign government-owned companies are affected by the Emoluments Clause of the US Constitution. Listen in to hear a discussion about this little-known, and never litigated, clause of the Constitution.

Co-hosts Mitchel Winick and Stephen Wagner discuss the role of the Electoral College in the election of the US President. Guest Greg Brandes, former law dean and law professor join in the discussion about how the electoral college works and why the popular vote is NOT how we elect the President of the US.

Co-hosts Mitchel Winick and Stephen Wagner are joined by Paul Bieber, founder of The Arson Research Project to discuss the challenges confronting arson investigators and the risk of wrongful prosecutions and convictions. Paul Bieber is an experienced criminal and forensic investigator. As a certified fire and explosion investigator, he consults with innocence projects, public defender offices, and other defense advocates on cases involving arson and fire investigation. He speaks nationally with a focus on the reliability of forensic methodologies, the influence of cognitive bias and the application of the scientific method in fire investigation.

Co-hosts Stephen Wagner and Mitchel Winick review the authority of the FBI to conduct investigations. What is the proper relationship between the FBI as investigators and the Justice Department as prosecutors? Who makes the decisions to bring charges? What public comments are appropriate and/or legal during an investigation?

Co-hosts Stephen Wagner and Mitchel Winick discuss the laws and regulations related to civility in the courtroom, at work, in politics, and in schools. Is bullying just rude behavior or is it unlawful? At what point does free speech cross the line and create criminal or civil liabilitiy?

Co-hosts Mitchel Winick and Stephen Wagner discuss consumer rights and product liability that arise with large-scale consumer product recalls. The Consumer Product Safety Commission (CPSC) announced a full recall on all versions of the Samsung Galaxy Note7 smart phone. The Department of Transportation has banned Note7 devices from all flights due to safety concerns, effective 10/15/2016. Listen in to a discussion of the legal rights and liabilities that could affect consumers, airlines, and others when notice is given about the dangerous nature of a consumer product.

An estimated 500,000 people are injured and thousands are killed each year in motor vehicle crashes involving distracted drivers. Starting in January 2017, California residents can no longer drive and use their hand-held smartphones -- for anything. New legislation goes into effect that makes it illegal to operate a smartphone with your hands for any reason. An officer may cite a driver for using a hand-held phone without any other traffic offense taking place. Many states have similar laws that are addressing the alarming increase in distracted driving accidents, many resulting in death. Co-hosts Stephen Wagner and Mitchel Winick discuss the new laws and the significant civil AND criminal liability that may arise from causing a distracted driving accident.