For hundreds of years, the U.S. has prided itself on the free transition of power from one President to another. Actually, it is pretty extraordinary compared to other parts of the world. And yet, as this transition continues, it seems clear the U.S. may be less the exception and more the rule.

I appear on Voice of America International Edition to discuss where we are, the laws the apply, and what comes next.

U.S. President’s have access to the most classified information in the U.S. government. Further, they can also get access to sources and methods and to essentially everything. Compartmentalization doesn’t really apply here as a President can get everything and so the scope of info is breathtaking. However, once they leave office, all of that info leaves with them. The concern is what that former President does with that info. As a Twin Cities Criminal Defense Lawyer and Former CIA Officer, I will talk about counter intelligence, criminal law and how a former President could be targeted for recruitment by a former power and exactly why they would want to do it.

I appear on WVLY with my old friend Howard Monroe.

In an interesting decision by the Judge in the George Floyd murder case, all four cops charged in the murder of Floyd will be tried together. This certainly makes it harder for defense attorneys to differentiate their clients from one another and easier for the Jury to simply lump them together and say they all did it. As importantly, the Defense attorneys were trying to get the case out of the Minneapolis but the court wasn’t having any of that. The other decision addressed the question of camera. Looks like we may all have a front row seat. So, prepare for the trial of the century which is scheduled to kick off in March.

I will appear on WCCO Radio on Friday 11/6 at 6:50 a.m. central time to discuss.

Race, Equity and Justice: Ethical and Legal Considerations for how the Legal System Responds to Protestors. These are lofty words and likely words that have been used in the past only to come up short in real world situations. I’m teaching this Minnesota State Bar Association Continuing Legal Education program along with World Class Minnesota Lawyer Willow Najjar Anderson on November 5th in Minneapolis.

People are in the streets across the country and rightfully so. This is certainly the case in Minneapolis and St. Paul in light of the death of George Floyd just a few short months ago. It is extraordinarily challenging when some want this issue to be black and white when there is so much grey in the world and in courtrooms. Further, there are times when clients have no interest in negotiating resolutions or even avoiding convictions. Sometimes, that is exactly the point. At the same time, there are ethical obligations that every lawyer should keep in mind when stepping into this pool.

Hope you can join this one.

Americans have purchased 17 million weapons in 2020 alone. That number is startling. And yet, lets go back and look at all of the previous years when Americans have bought guns. The numbers are truly staggering. Its strangely and oddly what some do. Of course, the NRA and the gun manufacturing industry is only too happy to politicize it and petrify those potential customers. Combine that with the President telling the Proud Boys to “stand down and stand by.” What about the President saying that there were “good people on both sides” as Nazis marched in the streets?

Remember Trump claiming he didn’t denounce the support he received from former KKK Grand Wizard David Duke” and claimed he didn’t know who he was? The right wing talking points have continued to argue that it is Black Lives Matters that is the problem. And yet, in Minneapolis, it was right-wing Boogaloo Boys who were arrested for burning down the 3rd Precinct Police Station, not BLM.

These arguments by the right continue to promote the fight. Worse, the President has been arguing constantly about the election and that if he loses, its because it was stolen from him. This has never happened in the history of the United States by any party at any time. Thats the truth.

Nevertheless, there will be no civil war. Instability, yes. Unrest, yes. Violence, yes? Maybe even a little insurrection, yes. But not civil war. Exactly what are the two sides? The South? The North? What exactly is the political justification? The economic one? It simply doesn’t fall within the true definition. Exactly who lines up against whom. This would only happen if the political system breaks down completely. And yet, the U.s. has already had 89 million people vote early. In fact, some are arguing the U.S. could surpass 150 million votes. If that isn’t a belief in the vote, I don’t know what is.

I appear on Press TV in the Middle East to talk about what comes after the election.

Every day I walk into courtrooms in St. Paul, Minneapolis and the surrounding cities in Minnesota handling my clients’ criminal cases. I have been extraordinarily lucky and privileged to do this and I have been doing this for decades. And yet, I can do more. This is why I stretch myself. I want to do more. It brings me a satisfaction of its own but it absolutely makes me a better criminal defense lawyer for my clients. So, I do both.

I’m teaching Kenyan prosecutors to handle wildlife trafficking cases in Kenya. This specifically is about protecting elephants , rhinos and other wildlife in an area of the world that faces massive challenges in this area. My goal is to help them with opening and closing statements, how to cross examine and do direct examinations. This makes them all better and it makes me better too. As importantly, I get to work with two of the most amazing prosecutors in Kenya, Florence Magoma and Laura Yego. Ms. Magoma is Head the Prosecution Unit for the Kenya Wildlife Service. The work they are doing to protect elephants, rhinos and other endangered species is incredible. Laura Yego is also incredible. She is the Chief Legal Officer for the Kenya Forest Service. They are generally responsible for habitat across Kenya. As you might imagine, Ms. Yego and Ms. Magoma work closely and cooperatively to protect the natural resources and animals across Kenya. I am beyond privileged to work beside them.

Of course, because of COVID, Kenya is currently shut down to outsiders. I was there earlier in 2020 and the only way to help now is online. I shot a few videos some time ago to help provide some of the basics to these extraordinary lawyers. Now, I will be using ZOOM so that we can do even more. I’m excited and hopeful about this endeavor.

Change of Venue just sounds like more “legal jargon.” What it means is changing the location of the place where somebody would be prosecuted for a crime. Even more specifically, it is really about trying to get a different jury and maybe a different jury pool to hear the case. I’ve had cases where a county may not give you a favorable verdict and if you changed the jury pool because of ethnicity, income, education, political outlook, whatever, you might be in a better position. Sometimes it is about publicity or about how well known the person is in the original jurisdiction. It all matters. It is complicated and not easy to convince a judge to allow this. That being said, it is sometimes worth the fight.

I will appear on Voice of American International Edition to talk about the George Floyd case and the change of venue motions pending before the court.

The George Floyd case and the four officers that have been charged is one of the most closely followed cases in some time and people are watching from all over the country. The Court just dismissed the 3rd Degree Murder charge and the Courts and police are concerned about violence. There are very specific reasons for this charge going the way that it did.

I appear on WCCO Radio in Minneapolis to talk about representing high profile clients in criminal cases and the strategies a criminal defense attorney must useful to successfully represent their clients. Should be fun.

The Criminal Defense Attorneys for the police officers in the George Floyd case have been pushing on the Judge to do some things the prosecutors don’t like and the Judge is hesitant to do. They are fighting for separate trials. This allows them to potentially point fingers at the other defendant. This also gives them more room to put space between themselves and the other officers. They are also trying to sequester the jurors. While this is hard to do, this is smart because it puts pressure on the State and forces a lot of things to happen. Consider that this is in some ways the most high profile case on the planet. Its expensive and hard to deny consider what the Mayor said even before charges were file. They are also trying to move the cases out of Hennepin County. This is a tough one because where else do you go that hasn’t seen this. Of course, what they are really looking for is a more favorable and, dare I say it, white jury. You can go almost anyplace else in the Minnesota and get that. They’d love St. Cloud.

I will appear on WCCO Radio on Thursday, October 22nd with Dave Lee to discuss how you move a Judge to do what you want in high profile cases.

I’m extraordinarily honored to be Board Certified as a Criminal Specialist by the Minnesota State Bar Association. I have been practicing law for a long time and have tried a lot of cases over the last twenty plus years, everything from domestic assault to murder and pretty much everything in between. I did this year ago as a prosecutor and then for many years as a criminal defense lawyer when I founded Jack Rice Defense.

Fewer than 3% of all registered criminal defense attorneys in the State of Minnesota are certified specialists so this truly means a lot. Not only did it require extensive jury trial experience but also jury transcript review, Judge recommendations, opposing counsel recommendations, ethics board review, CLE Board review and review by my peers for whom I have unending respect.

I’ve learned a lot along the way but most importantly I have learned that I have more to learn and a lot more to do .

According the Section 3 of the 25th Amendment of the U.S. Constitution, there is a process of succession in the event that the President becomes incapacitated. With the President in the hospital and on medications that could potentially impact his ability to govern, there is a process that applies to insure that somebody will always be in control rather than some Al Haag moment when somebody decides that they are in charge and will grab the reins of power.

I appear on Press TV out of the Middle East to discuss the Amendment and the process.

The world has changed dramatically in the time of COVID. That absolutely applies to the criminal justice system as well. What happens when somebody who has been infected decides to go out into public and people are infected as a result? Does it have to be purposeful or would it be enough if it was just a byproduct? Are there laws on the books in Minnesota that might apply? I appear on International Press TV to discuss. Its a really interesting discussion but contemplate if somebody chose to weaponize themselves in order to sicken another. Would it matter if they just didn’t care? It certainly wouldn’t to the sick or dead person who was stricken.

A U.S. President constantly makes decisions that can have monumental ramifications. However, few of those decisions reaches further than the choice of nominees to the U.S. Supreme Court itself. The President’s decision to nominate a 49 year to the Bench could easily result in 30-40 years of decisions that will result in precedent long after they leave the Bench. In order words, this one decision can impact a hundred years. As a result, gun right, search and seizure, right to counsel, search warrants, interrogations, due process rights, and almost everything else can be heavily impacted based upon how far a President is able to push the Court one direction or another. As a St. Paul criminal defense lawyer, this can heavily influence how I deal with criminal defense work in courtrooms in Ramsey County, Hennepin County, Anoka County, Dakota County and everywhere else across Minnesota.

I will appear on AM 950 with Matt McNeil on Thursday, October 1st to discuss. Always enjoy our conversations.

It was an extraordinary day. I had an opportunity too shoot three videos for Lawyers Without Borders. The purpose was to discuss the effects of COVID 19 on Wildlife Trafficking and Organized crime. White collor crime is a problem across the planet and helping prosecutors address those problems is something I’m thrilled to have the opportunity to do. Even further, to work on wildlife trafficking cases and protect elephants and rhinos is a particular passion. Further, practicing criminal defense lawyer in Minnesota, I am constantly dealing with the realities of practicing during a pandemic. In fact, there is a skill set that defense attorney and prosecutors must possess if one is effect. So, I’m just passing on the skills that I have learned to others who might need them.

No knock search warrants have really come into vogue in the last couple of decades in the United States. Forty years ago, they were rarely granted. One study puts the number at about 1500 in one year across the country. Now, the numbers are far in excess of 50,000. It is the norm and the standard seems to be better safe than sorry. The problem is that it allows cops to break down doors and enter people’s homes without any mention of who they are. Frequently, as in the case of Breonna Taylor in Kentucky, these officers were also in plain clothes. So, if you were at home and three strangers in plain clothes broke down your door and came in with guns, what would you do? What would you have the right to do? Now, follow that through. Contemplate how many people could easily feel justified in defending themselves to the fullest? As a result, it is far more dangerous for cops and even more dangerous for civilians inside their own homes. Jack Rice Defense has represented many people who have faced no knock search warrants. As a St. Paul Criminal Defense lawyer, I’ve seen it throughout the State of Minnesota.

Jack appear on Press TV International to talk about the Breonna Taylor case, systemic racism and the problem with no knock search warrants.

Attorney General Barr has been discussing charging people who protest with sedition. It is an extraordinary statement because of the severity of the offense and the rarity of which it has been applied. Considering the chilling effect that it has on Constitutionally protected speech is particularly terrifying. Jack Rice Defense has addressed many cases in the past including protester cases. Knowing your rights is key.

President Trump has made it no secret that the U.S. wants to go it alone on the World stage. First there was NATO, the European Union, the WHO, and the list goes on and on. He has also made it clear that he wants nothing to do with the International Criminal Court and holds it in disdain. In fact, in June he issued sanction against the Court that deals with international war crimes and crimes of genocide. Now, he is sanctioning officials of the ICC. The European Union is up in arms as a result. The brings up the question about whether the U.S. thinks they are above the law . . .

I will appear on Press TV to discuss.

I appear on 830 WCCO Radio in Minneapolis to discuss this question. My client is being arraigned on Friday on a pretty serious felony charge for pulling down the statue of Christopher Columbus in St. Paul on June 10th. As one might imagine, the opinions on how this should be handled vary greatly. Some say it is about erasing history while others see it as correcting it. So, how do you handle that? We will talk about what is coming and what it means.

According to a study conducted by the Center for Strategic and Intelligence Studies, right wing militia groups represent the single largest domestic threat in the United States. This has also been looked at by the Southern Poverty Law Center, the Anti-Defamation League and George Washington University. The CSIS study looked back over the last 25 years and found that no other group represented a larger threat and that included religious extremism. If one considers what is happening in Portland, Oregon, Kenosha, Wisconsin, Minneapolis, Minnesota and elsewhere, it highlights part of what is happening. Also, considering the language that is being used regarding some of these groups and the general philosophy, it is likely to get worse. It also seems to be encouraged by the likes of President Trump himself who not that long ago was more than willing to call right wing extremist in Charlottesville, Virginia, “good guys .” I will appear on Voice of American International Edition to discuss.

Police misconduct has taken across the planet and certainly within the United States forever. For many years, citizens would make claims and the police would deny and nothing would happen. One powerful tool that has impacted this is the cell phone. It simply makes things undeniable. However, officers and their supporters have continued to do so regardless. This will be an interesting debate.

I’m totally humbled to receive the Professional Excellence Award from the Minnesota State Bar Association. To be acknowledged by those in a profession that I simply adore is pretty amazing. I have been privileged to serve first as a prosecutor and then as a criminal defense lawyer for many years. To then be able to teach for the National Institute of Trial Lawyers here in Minnesota and then to teach around the world in places like Russia, Republic of Georgia, Uganda and Kenya is nothing short of mind boggling. This Award will only spur me on to do more. I’m so grateful.

According to the MSBA, this award is presented to commend an attorney who is actively involved in the legal profession and who combines excellence in professional service with outstanding service to and on behalf of the Minnesota State Bar, the legal profession, or the public.  This award recognizes an attorney who strives to meet the many responsibilities of a lawyer, including efforts to improve the administration of justice and practice of law, efforts to promote access to justice, efforts to serve and govern the profession, and service of benefit to the community.  The award may be given annually provided that the nominations adequately meet the award criteria. 

I will receive this Award on June 22, 2020.