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The Horowitz Report
Here it is. The OIG Report-A Review of Various Actions by the Federal Bureau of Investigation and Department of Justice in Advance of the 2016 Election. Analysis to follow in a while. Here also is the Press Release and Executive Summary of OIG Report. (wisenberg)
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OIG Report On Clinton Email Investigation To Be Released At 2:00PM Today
We will post it as soon as we get it. (wisenberg)
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Third Superseding Indictment – Manafort
Special Counsel Mueller added two counts to Paul J. Manafort Jr.'s Indictment and charged Konstantin Kilimnik with these same two counts (Counts 6 and 7) - (see Third Superseding Indictment here). The new counts and new charges allege Obstruction of Justice (Count 6) and Conspiracy to Obstruct Justice (Count 7). Both of these alleged offenses
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Taint Teams
Guest Blogger – Josh Greenberg Biggest-Ever Health Care Fraud Case Jeopardized By Prosecutors’ Failure To Implement A Taint Team After Seizing Documents From Defendant’s Personal Attorney, In Contrast To The Practices Advocated By Their Counterparts (And The President!) In The Analogous Case Of The Search Of The Office Of Michael Cohen In the summer of
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U.S. v. Olga Hernandez: A Smashing Victory For Bill Reid
Congratulations to my old friend and colleague William T. Reid IV (aka Bill Reid) of Reid Collins & Tsai (see Bill's bio here) who recently won a complete acquittal for his client Olga Hernandez in San Antonio federal court. Hernandez, a longtime San Antonio Independent School District ("SAISD") Trustee, had been charged with conspiracy to commit honest services wire fraud and
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Carry on Mueller
Judge Amy Berman Jackson's Memorandum Opinion and Order gives a green light to Special Counsel Robert S. Mueller III proceeding with the case against Paul J. Manafort, Jr. (see here and here). Her straightforward Order dissects the authority provided to the Special Counsel and rejects Manfort's claims that this was beyond the Special Counsel's appointment and if
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The Giuliani Problem: He’s Rusty, Not Rudy.
Here is Jonathan Turley's latest column for The Hill discussing the emerging "legal strategy" of Team Trump. It is clear that the hiring of Rudy Giuliani and Emmet Flood was part of a concerted effort to smear Team Mueller while preparing the public for Trump's invocation of Executive Privilege and/or his Fifth Amendment Privilege against self-incrimination. The new strategy
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When Do You Have Corruption? From McDonnell to Silver
Perhaps one of the most confused areas of the law is the Hobbs Act/Bribery area. Cases throughout the years have defined the need for a quid pro quo (McCormick), and noted how a passive acceptance can satisfy that prong of the statute (Evans). But when do you have a quid pro quo, is something that can
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More Changes to DOJ Corporate Resolutions Policy – This Time A Move in the Right Direction
In June 2017, AG Sessions ended payments to third parties as a condition of settlement. (see here). In one document, the Attorney General made it difficult for companies entering into deferred prosecution and non-prosecution agreements, as well as plea agreements, to provide as part of their corporate settlement, payments to outsiders who could benefit from the corporate wrongdoing.
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Some Disturbing Redactions
Andrew C. McCarthy of National Review Online has a column here about some disturbing redactions originally insisted upon by the DOJ and FBI with respect to the House Permanent Select Committee on Intelligence's Report on Active Russian Measures. These passages have now been un-redacted and reveal that: 1) FBI officials, including former Director Jim Comey, did not think former
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