Taking a social media break.
Attorney, former AUSA, father, husband, former JBLC, long-time Knicks fan and occasional talking head https://mitchellepner.substack.com/ https://www.thedailybeast.com/author/mitchell-epner
32,155 followers 1,867 following 15,596 posts
view profile on Bluesky
Taking a social media break.
Bob Marley demands that you get the meter right: I threw the sandwich But I didn’t throw no panini, no no no.
Judge Subramanian has denied Sean Combs bail pending sentencing. The judge specifically found “that Cassie Ventura and Jane were beaten, coerced, threatened, lied to, and victimized by Combs as part of their participation” in the freak offs.
Age verification? “Get all the sports news instantly. Dial 976-1313!”
In 2008, when Justice Scalia (joined by Thomas, Alito, Roberts & Kennedy) overturned a century of Second Amendment jurisprudence in Heller, holding that the 2nd Amendment guarantees an “individual right” not a “militia right”, I warned he would have blood on his hands. Yesterday was the latest.
My appearance on NPR’s Morning Edition to discuss Ghislaine Maxwell’s application to the Supreme Court to overturn her conviction on the basis of immunity conferred by Jeffrey Epstein’s 2007 plea agreement. www.npr.org/2025/07/29/n...
I appeared on CBS News (The Takedown with Major Garrett) to discuss DAG Todd Blanche's highly unusual interviews of Ghislaine Maxwell. Nothing about this process falls within standard operating procedure for the DOJ. www.cbsnews.com/video/trump-...
It’s a long list.
I know. My post was not directed at you. It was directed at the people who urged others to withhold their votes in the general election from Biden (and later Harris). You were not one of those people.
My point was that the people who screamed last year that there was “no difference” between Biden/Harris & Trump on Gaza were wrong. Thank you for acknowledging that “Donald is way worse.”
If you read the original article, you will see the difference between Biden/Harris doing everything to dissuade Israel from expelling the Palestinians from Gaza and Trump signing on to that horrific agenda.
During 2023-24, many posted here that there was "no difference" between Biden/Harris and Trump when it came to Gaza. Experience is showing us how wrong they were.
With regard to the credibility of Ghislaine Maxwell, she was charged with two counts of perjury for false testimony at her deposition in the civil case brought by the late Virginia Giuffre. The perjury countswere severed from the main trial & conditionally dismissed, if her convictions stand.
“Dour” is a great word to describe my BlueSky threads.
When I was an AUSA, I would describe all of the reasons why the testimony of the cooperating witness should be accepted, because it was corroborated by contemporary documents and/or recordings.
I appeared on CBS News to discuss DOJ’s outreach to Ghislaine Maxwell regarding Jeffrey Epstein. Q: Can she be trusted? A: In my training & experience as a criminal defense attorney for over 30 years and a former federal prosecutor, cooperating witnesses should be treated like nuclear waste.
I was on NPR’s All Things Considered to discuss the DOJ’s outreach to Ghislaine Maxwell. Given Maxwell’s prior deposition testimony denying any knowledge of misconduct by Epstein, nothing here strikes me as the DOJ’s initiative. This seems directed by the White House. www.npr.org/2025/07/22/n...
Song for the day: Iron Man - Black Sabbath www.youtube.com/watch?v=qRcY...
Salvage Renaissance look for the day: salvage-renaissance.com/products/st-...
3/3 “If federal prosecutors have to worry about the professional consequences of refusing to go along with the political or personal agenda of powerful people, then we are in a very different place than I’ve understood the federal Department of Justice to be in over the last 30 years of my career.”
2/ . . . because he is a sitting president. He said it was not surprising that some former prosecutors are alarmed that the request to unseal the grand jury materials came two days after the firing of Manhattan Assistant U.S. Attorney Maurene Comey, who worked on the Epstein and Maxwell cases.
1/ Proud to be quoted the AP on President Trump’s involvement in seeking release of Jeffrey Epstein grand jury testimony. — Mitchell Epner, a former federal prosecutor now in private practice, called Trump's comments and influence in the Epstein matter “unprecedented” & extraordinarily unusual” . .
You’ve inherited a movie theater, what’s your first double feature? Breaking Away (1979) and Say Anything (1989).
Thank you.
Link to complaint?
In December 1986, I was waiting for an elevator in the lobby of the Universal City Hilton to participate in the first Jeopardy! Teen Tournament. When the elevator doors opened, out walked WWE wrestler Big John Studd, carrying his toddler child.
I appeared on BBC today to discuss Donald Trump's command to AG Bondi that she seek the release of Jeffrey Epstein grand jury testimony. The irony is that he is only seeking the release of material that will require a lengthy court process, not the stuff he could immediately order released.
4/4 Epner joked: "If we were to find out the location of the corpse of Jimmy Hoffa, I would not be surprised."
3/ "I would not bet against there being anything, from the most interesting thing in the world to the least interesting thing in the world, in that material," said Epner, who told CBS News he believes calls for more information to be disclosed in the Epstein case are warranted.
2/ While the scope of the government's request is still unknown, Epner says it could encompass an "enormous quantity of data." Mr. Trump said the government would seek the release of grand jury testimony, which Epner noted may include exhibits that witnesses testified about before a grand jury.
Fair.
I’m quoted by CBS: A request of this kind by the government is unusual, says Mitchell Epner, a partner at the NY law firm Kudman Trachten Aloe Posner & fmr federal prosecutor. "I've been in and around federal criminal cases for over 30 years. I've never heard of this before," he told CBS News.
gift link to the WSJ story Trump didn’t want anyone ever to see www.wsj.com/politics/tru...
“Without fear or favor” was the code I was taught as an AUSA. It is under the most severe test of my lifetime.
On the one hand, Trump’s recent downplaying of the Jeffrey Epstein files runs counter to the foundational myths of MAGA & Q-Anon. On the other hand, George Orwell ended Animal Farm with barnyard animals switching from “4 legs good, 2 legs bad” to “4 legs good, 2 legs better.”
Based upon my training and experience as a former AUSA, it is *extremely* unusual for an AUSA who has passed her first three years to be "fired". Ordinarily, the most severe sanction imposed on an experienced AUSA is reassignment to a really unpleasant role, in hopes of forcing resignation.
We will see. Perhaps.
People frequently groan when I respond to requests for predictions with "The only thing that I know *for certain* about the future is that it has not happened yet." Maureen Comey's firing from the SDNY after the Sean Combs verdicts but before sentencing shows the folly of confident predictions.
Song for the Day: Rebel Waltz - The Clash www.youtube.com/watch?v=9PCt...
Taking the phone off of the hook to make certain that the phone would not ring.
Under County of Riverside v. McLaughlin, SCOTUS held that a period of up to 48 hours for a probable cause determination was “presumptively” constitutional. That can be done ex parte. If Ken is correct that a complaint was signed by a magistrate within 48 hours of arrest, that is not the problem.
1962's "The Man Who Shot Liberty Valance" gave us this applicable quote: "When the legend becomes fact, print the legend."
In 2010, I thought Eliza Coupe was likely to have a big career. She is funny and does not hide her intelligence. In 2010, I also thought that Donald Trump had no political future. I severely overestimated American popular culture.
I bet he believes he was born too late, in addition to being too short. www.poetryfoundation.org/poems/44978/...
Salvage Renaissance look for the day: salvage-renaissance.com/products/sar...
One nice thing about doing the right thing and writing about it is having receipts. I quit Xitter in October 2022. There is no time like the present to do the right thing. open.substack.com/pub/mitchell...
In my experience, everyone hated Ted Cruz, including other members of the Federalist Society and completely apolitical students.
In the fall of 1992, I learned one of the fundamental truths of the universe: Not enough bad things can happen to Ted Cruz. Here is your latest evidence. www.thedailybeast.com/vacationing-...
Once the PSR is finalized, the parties get to submit their sentencing briefs. Those briefs will include any disputed issues on the Sentencing Guidelines calculations, along with additional evidence (including testimonials) & arguments about how the Court should exercise its discretion.
There are laws that require the Probation Department to prepare a Pre-Sentence Report (PSR), which the court relies upon to determine background facts and which issues (if any) are contested. The process of creating the PSR (including objections) usually takes 4 - 8 weeks.
No explanation provided for the defense dropping the request for an expedited hearing.
www.popehat.com/p/only-crimi...
The sentencing of Sean Combs will be on October 3, 2025. That is the date that Judge Subramanian set immediately after the verdicts were returned. Defense counsel had requested that the Court set an "expedited" sentencing, but today the prosecution & defense jointly requested the 10/3 sentencing.
Former Gov. David Patterson (D-NY) is the epitome of an “accidental governor”. He was Minority Leader in the NY State Senate in 2006 when he signed on to run for LG under Eliot Spitzer. He became Governor when Spitzer resigned amid his prostitution scandal. Patterson didn’t run for his own term.
The USMNT lost the the Gold Cup to Mexico, 2-1. After an early U.S. goal (5’), Mexico dominated the rest of the game. Next year, the U.S., Mexico & Canada are slated to host the World Cup, so the USMNT is automatically in the World Cup draw. No qualifying necessary.
The demonization of scientific expertise results in the government failing to protect people from preventable deaths. Slashing budgets for disaster prevention results in preventable deaths. Vote like your life depends on it.
2/2 He credited “a dream team of defense lawyers” against prosecutors who almost always win.
1/ I am was quoted by AP analyzing the Sean Combs verdict: “This was a major victory for the defense and a major loss for the prosecution,” said Mitchell Epner, a lawyer who worked with Agnifilo as a federal prosecutor in New Jersey over two decades ago.
Thanks to Meghan Sacks for having me on the Women & Crime Podcast to discuss the verdicts in the Sean Combs case. www.youtube.com/live/53o4cPM...
Salvage Renaissance look for the day. salvage-renaissance.com/products/let...
Proud to be quoted in the Wall Street Journal alongside my partner Tama Kudman providing analysis of what comes next in the prosecution of Sean Combs. www.wsj.com/us-news/law/...
I did not realize he was a two-way free agent. It makes sense that he would seek another team.
Thanks for the info. Do you have insight on why MacClung did not immediately sign?
I believe that we are currently in the Moratorium, when no deals can be officially signed. So the Magic were in a position to make the QO knowing that it could not be accepted until later and that they could withdraw the QO before it could be accepted.
I was also on CTV News today discussing the Sean Combs verdict. www.youtube.com/watch?v=4dSk...
I am super proud to announce that my daughter Madison @madepn.bsky.social is now a member of Actors' Equity for her work as a stage manager. She is open to work on productions anywhere.
The court just denied Sean Combs bail pending sentencing. Judge Subramanian held that his pre-trial ruling against bail on the basis of danger to the community and risk of flight still applies, notwithstanding the acquittals on the RICO and sex trafficking charges.
I appeared on CP24 to discuss the verdicts in the Sean Combs case. youtu.be/NbIU3QPk8fc
The sex trafficking charges required proof of "coercion" but the Mann Act does not require proof of coercion.
Sean Combs acquitted on most serious charges (RICO & Sex Trafficking). Convicted on 2 counts of violating the Mann Act (interstate transportation for purposes of prostitution). I was CBS2 NY News live to discuss as verdicts were announced. www.cbsnews.com/newyork/vide...
Not enough bad thing can happen to Dinesh D’Felon, Laura Ingraham and Ted Cruz.
Yes, the government could drop the RICO charge, but it would be dismissed with prejudice, meaning that Sean Combs could never be tried on that count again.
I was interviewed by CTV about the Sean Combs jury announcing that they had reached a verdict on 4 of the 5 charged counts, but had not reached a verdict on the RICO charge. We do not know what those verdicts are. www.ctvnews.ca/video/2025/0...
Once RCV was finalized, Mamdani beat Cuomo by 12% and over 110k votes. This was a drubbing.
Solidarity, my friend.
This blew up my paradigm. I’ve been a political activist for 45 years (since I was 10). I was trained that “under 25 population does not show up to vote.” I posted the chart because I found it so shocking.
Fair. I made the mistake of accepting the NY Times’ data at face value.
Here is a link to the case where the Second Circuit attempted to explain the difference between "refusing to deliberate" (valid basis to kick a juror off of a jury) and "having come to a fixed conclusion" (invalid). US v. Baker 262 F.3d 124 (2nd Cir. 2001) scholar.google.com/scholar_case...
The New York Times has posted a correction on this chart, which shows that the 18 -24 cohort was NOT the largest voting segment. This makes much more sense. Youth turnout was still way up, but not in a paradigm shifting manner. bsky.app/profile/coli...
The New York Times has posted a correction on this chart, which shows that the 18 -24 cohort was NOT the largest voting segment. This makes much more sense. Youth turnout was still way up, but not in a paradigm shifting manner. bsky.app/profile/coli...
4/4 It is unclear why fellow jurors are concerned with juror No. 25, or why they are having trouble following the judge's instructions. Epner says that a juror can be removed for refusing to deliberate on a case, but cannot be removed for "having come to a fixed conclusion about the proper verdict"
3/ "First, it is unusual for the jurors to send a note to the judge this early, other than asking for logistical help. Second, this note indicates that there may already be a breakdown in the deliberative process," he says. A conviction requires all jurors to unanimously agree on a verdict.
2/ The developments in court today - when the jury sent two questions to the judge on their first day of deliberations - may turn out to be a positive sign for Combs for two reasons, Mitch Epner, a New York-based lawyer and former prosecutor, tells me.
1/ I am quoted by the BBC live blog (Madeline Halpert) on the deliberations of the Sean Combs jury and their note questioning whether one jury (Juror #25) was capable of following the judge's instructions.
I will be appearing on CTV News at 9:40 am EDT to discuss the closing arguments and start of jury deliberations in the Sean Combs sex trafficking RICO trial.
Showtime is airing Godfather 3 (now called The Godfather: Coda). If Duvall had returned, Winona Ryder had played Mary and FFC had not tried to rewrite the script in the last month, Pacino + Garcia could have been the core of a great movie. Going from Duvall to George Hamilton felt like trolling.
No official statement, yet.
This pre-primary article laid out the data. In 2021, young voters did not show up for the Democratic primary. —- “Young people — not so much. The lowest voter turnout in 2021 was among people ages 18 and 29; nearly 18% voted for the primary, and just 11% voted in the general election.”
I have been a Democratic activist since 1980 (when I was 10). I have NEVER seen a voting demographic breakdown look like this. Until now, the 18-24 cohort was always the smallest segment of the population of actual voters. The youth vote (18-30) swamped retirees (65+) Paradigm shifting result!
Solidarity, my friend.
Aryan Nations in the Idaho Panhandle killing firefighters for fighting fires worries me (as an outspoken liberal New York Zionist (anti-Bibi) Democratic activist) far more than Zohran Mamdani.
2/2 "The government is doing a very good job saying that these particular incidents on these particular days constituted sex trafficking," he said.
1/ Quoted in the BBC’s wrap-up of the Government’s closing argument in the Sean Combs Trial. — The video is particularly effective in helping prosecutors turn theoretical sex trafficking arguments into something more concrete, said Mitchell Epner, a New York-based lawyer and former prosecutor.
I think that the government has done more than enough to have a verdict stand up on appeal. Beyond that, I have no idea what the jury will do. It all turns on whether the jurors perceive Cassandra Ventura, "Mia" and/or "Jane" as "victim" or "volunteer".
I am quoted in the BBC's live blog on closing arguments in the Sean Combs case: www.bbc.com/news/live/c5...
I appeared on CTV News earlier today with Marcia MacMillan to discuss closing arguments in the US v. Sean Combs sex trafficking RICO case. youtu.be/xnU9lzQykOs
I am about to go live on CTV to discuss closing arguments in US v. Sean Combs.
Correct. But it is hard to imagine that the gap will narrow. The candidates that finished 3rd - 6th all ran on a “Don’t rank Cuomo” platform. Lander (11%) cross-endorsed Mamdani.
I have a lot of experience dealing with the Cuomo political machine. I do not know if he has it in him to step aside. On the one hand, he stepped aside after he lost the Governor’s primary to Carl McCall in 2002. On the other hand, he has spent his entire life striving for political office.
Yes.