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The Magic Number Is Eight – And is the Clock Ticking?
Yesterday was a crucial day for Special Counsel Mueller's Investigation in that Paul Manafort was convicted on eight counts. The fact that the remaining counts were "hung" is inconsequential as the sting of these eight convictions sends a strong message and a possible heavy sentence. To make matters worse for Manafort, he still has an upcoming trial in DC on
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NACDL Trial Penalty Report and White Collar Crime
The NACDL recently released an important report detailing the impact of the trial penalty, which is the difference between the sentence a defendant receives in return for pleading guilty and the often much larger sentence he or she receives in return for exercising his or her constitutional right to trial. From the NACDL press release:
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Soliciting Contributions From a Foreign National: It’s Against the Law. But is it a Crime?
Can we talk about the law here? Title 52 U.S.C. §30121, subsection (a), makes it unlawful, among other things, for "(1) a foreign national, directly or indirectly, to make…(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a
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U.S. v. Manafort: Judge Ellis Rules on Prosecution and Defense Motions in Limine
For all of you Manafort junkies out there, here is Judge T.S. Ellis, III's July 24 2018 Order, resolving most of the outstanding prosecution and defense motions in limine in U.S. v. Manafort, due to be tried next week in Alexandria. It is abundantly clear, based on these rulings and the charges in the EDVA Superseding Indictment, that this case will
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Security Clearances: A Timely Concurrence?
Today in Palmieri v. United States, the United States Court of Appeals for the D.C. Circuit upheld the dismissal of Matthew Palmieri's lawsuit challenging the revocation of his security clearance. It was a unanimous decision in a routine case. The lawsuit was ludicrous, claiming violations of practically every constitutional provision except the Third Amendment. Moreover, it is extremely difficult to challenge security clearance
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Government’s Exhibit List in U.S. v. Manafort
For all of you Manafort trial junkies, here is the Government Exhibit List, recently filed in U.S. v. Paul J. Manafort, Jr., set to start soon in U.S. District Judge T.S. Ellis, III's Alexandria courtroom. Here also is Judge Ellis's Order Denying Paul Manafort's Motion for Change of Venue. Judge Ellis ruled last week that Manafort is not entitled to a
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Point of Personal Privilege: Politico Pens a Hit Piece on Kavanaugh
Not surprisingly, Politico's Josh Gerstein has authored a hit piece on Supreme Court nominee Brett Kavanaugh, with the catchy title "'Brett Was Involved': Inside Supreme Court nominee's work for Bill Clinton." In fact, the article tells very little about the breadth of Kavanaugh's work for the OIC, instead focusing on unsupported suggestions from partisan journalists (and Clinton
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The 400 lb hacker?
Special Counsel Robert Mueller's Office has clearly been working to get to the bottom of the alleged Russian interference with U.S. elections. Today a D.C. federal grand jury handed down an Indictment against "12 Russian nationals for their alleged roles in computer hacking conspiracies aimed at interfering in the 2016 U.S. elections." The special counsel's website
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Supreme Court’s Upcoming Term- So Far Quiet for White Collar Cases
All is quiet on the white collar crime front for the 2018 Supreme Court Term. But there are likely a good many more grants to come. And of course one never knows when a civil case will have implications in the criminal sphere. Global Tech (2011), a patent infringement case, ended up being at the
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The Irony Of The FBI. What Did The Bureau Know And When Did The Bureau Know It?
If Congressman Trey Gowdy is to be believed, and I see no reason not to believe him, this should be an interesting week in Washington. According to Gowdy, Speaker Paul Ryan read the riot act to the DOJ and FBI on Friday night about the Bureau's stonewalling and foot dragging in the face of longstanding subpoenas issued by the
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