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Kendall Coffey

Kendall Coffey: McDonnell, Dershowitz, and Ferguson

Steve Malzberg and Kendall Coffey discuss the corruption and possible appeal of former Virginia Governor Bob McDonnell, unsubstantiated claims against Alan Dershowitz and a Ferguson Grand Juror’s appeal to speak with the media.

Steve Malzberg:

Ladies and  gentleman we haven’t heard that in quite a while but I’m glad to say we’re hearing it now and Kendall Coffey, famed attorney, joins us to talk about that a lot big news today. Kendall welcome back, happy new year glad you’re here.

Kendall Coffey

Why happy new year and thanks for inviting me back and for playing our music.

SM

That music will always be our song it’s never gets never going anywhere. Kendall, let’s start first with the former Virginia Gov., Bob McDonnell.  Today sentenced for his corruption conviction and the government  had wanted 12 years today the judge before he issued the sentence, lowered down the range because of some of the testimony he had given anyway the maximum he could’ve been I think 6 1/2 years, and he gave him two. Is this a surprise to you? Is this what you might have expected?

KC

On no, I think it’s a surprise. I think from a defense  stand point, although they asked for no jail-time,  3000 hours of community service, . this was a very impressive result. You’ve got to think it reflects in the judges mind, the impact of more than 400 letters of providing effect testimony as to the former governor’s many positive qualities, including; a letter from the US Democrat  Sen. from from Virginia. And you wonder too if it reflects some thought in the judges mind that maybe will was done here doesn’t even remotely compare, for example, to Rod Blagojevich who got 14 years so all-in-all although this has been a disastrous experience McDonald’s as these things go it is a good outcome. And keep in mind, he has a real-live issue on appeal, which you know is he’s going to be decided down the road, but that issue, Steve, is that there was no explicit quid pro quo proven by the government.  He got these gifts, he set some meetings and did some things that seems sort of supportive of the vitamin supplement company but you don’t have a traditional bribery scheme here where: I offer you such-and-such in exchange for this governmental action : you make an appointment or you sign a bill. So stay tuned on this one, it will be interesting to see what the appeals court does.

SM

Yeah. Absolutely, Let’s talk about this Jeffrey Epstein case, and I think you have a disclaimer to make because that some aspects of involvement in this case some-what.  I just want to point out that Alan Dershowitz, you know, to his credit, he has denied all charges, he waived the statute of limitations, he has filed an affidavit in court. And by the way,  you can go to Newsmax.com and you can see the entire affidavit that Alan Dershowitz has filed in his own defense against these rape accusations of this underage, then underage girl. I do not I don’t know that I hear the other people coming out as forcefully as as Dershowitz though.

KC

And thanks for pointing out that I am counsel of record for Prof. Dershowitz so my comments necessarily have to be very limited

But he has filed a sworn statement under oath, which very specific, in rebutting the allegations, And, put this into perspective: he hasn’t been charged, he has never been charged, he hasn’t been sued this is simply an allegation  made in a court pleading that doesn’t even raise a specific claim against Alan Dershowitz or for that matter against Prince Andrew. So many time we talk about a presumption of innocence int the court of law,  but maybe there should be more of a presumption of innocence in the court of public opinion at least until there is some solid sworn evidence of wrongdoing, none of which exists here at this time.

SM

I want to get in one more before we go.  A Ferguson grandeur is petitioning the court; they want to be able to talk to the media.  Will it happen, should it happen?

KC

Let me speak with should and I’m going to put my former prosecutor’s hat back on.  Grand jurors swear that when they step into that room that they’re going to maintain grand jury secrecy. That’s the deal going in. There are a lot of law enforcement values for that. So my view is that is what everybody agreed to, that’s the law, that’s the oath the grand juries take and that covenant should not be set aside by a judge.

SM

Do you think it will?

KC

I don’t think it will but that’s a much closer call.

SM

Okay: good enough, good enough.  Kendall, great to talk to you, look forward to the next time. Thank you so much for taking the time.

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