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Menendez Case Brings Back Memories of Computer Associates Prosecution
An interesting article in the New York Times this weekend about the Senator Menendez prosecution brought back memories of an earlier example of the aggressive use of obstruction of justice by the DOJ. According to this weekend’s article entitled How a Last-Ditch Effort to Save Menendez from Prosecution Backfired, Menendez’s attorney met with prosecutors in
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Fischer – “Who Could Blame Congress for that Failure of Imagination”
The Fischer case (here) is likely to be a note case in casebooks, as opposed to a main case as many (including myself) predicted. The Court engages in a fairly straightforward statutory interpretation analysis with the word "otherwise" being the key word being interpreted by the majority. Although questions are left unresolved by Chief Justice
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Fischer v. United States
Here. Commentary to follow. (esp)
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S.Ct. Gives Trial Advocacy a Boost With SEC Decision
The Supreme Court's 6-3 opinion today in S.E.C. v. Jarkesy moves power from an administrative agency to the courts. The question as seen by the six person majority is: "This case poses a straightforward question: whether the Seventh Amendment entitles a defendant to a jury trial when the SEC seeks civil penalties against him for
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Gratuities and 18 U.S.C. Section 666: Will The Supremes Finally Slay The Mark Of The Beast?
On December 8, 2023, the U.S. Supreme Court will decide whether to grant the Petition for Writ of Certiorari in United States v. James Snyder, a case out of the United States Court of Appeals for the Seventh Circuit. There is a split in the federal circuit courts over the question of whether 18 U.S.C.
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Hunter Biden’s Motion for Issuance of Rule 17(c) Subpoenas Before Trial
Today Hunter Biden's lawyers filed a Motion for Pretrial Issuance of Subpoenas Duces Tecum, pursuant to Federal Rule of Criminal Procedure 17(c)(1), to Donald Trump, William Barr, Jeffrey Rosen, and Richard Donoghue. The proposed subpoenas demand documents relating to decisions involving the investigation or prosecution of Hunter Biden in both the Trump and Biden Administrations.
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Donald Trump’s Opening Brief on Gag Order Appeal
Filed today. U.S. v. Trump – Donald Trump's Opening Brief re Appeal of Gag Order. (wisenberg)
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D.C. Circuit Grants Administrative Stay in Trump Gag Order Appeal
On Friday afternoon, November 2, 2023, the U.S. Court of Appeals for the District of Columbia Circuit granted an administrative stay of Judge Chutkan's 10-17-23 Gag Order in U.S. v. Trump. The Court was careful to point out that, "[t]he purpose of this administrative stay is to give the court sufficient opportunity to consider the
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Chutkan Order and Opinion Lifting Administrative Stay of Donald Trump Gag Order and Denying Former President Trump’s Motion to Stay Gag Order Pending Appeal
The U.S. District Court for the District of Columbia has finally fixed the glitch in its electronic filing system. Here is yesterday's U.S. v. Trump – Opinion and Order Denying Motion to Stay Gag Order Pending Appeal. Judge Chutkan also lifted her prior administrative stay of the Gag Order, so it is now in effect.
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Judge Chutkan Reinstates Trump Gag Order Pending Appeal
Here is the Politico story. No details yet because of a glitch in the D.C. U.S. District Court's electronic filing system. (wisenberg)
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