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Trump Gag Order Filings
Former President Donald Trump appealed U.S. District Court Judge Tanya Chutkan’s October 17 Gag Order the day it was issued and asked Judge Chutkan on October 20 for a stay of the Gag Order pending appeal and an immediate administrative stay of the Gag Order while the Stay Motion was being briefed in her court.
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The Dangers of a Partially Binding Plea and a Broad Appellate Waiver.
Diana Toebbe and her husband were arrested and charged with espionage-related crimes–specifically, conspiracy to communicate, transmit, or disclose Restricted Data of the U.S. Navy (relating to Virginia-class nuclear-powered submarines) with the intent to injure the United States, in violation of 42 U.S.C. Section 2274(a). The plot was foiled when the foreign government solicited by the
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11th Circuit Applies U.S. v. Boyle’s bright-line rule to E-Filed Tax Returns
From yesterday's opinion in Wayne Lee v. United States: "The IRS penalizes taxpayers for filing late tax returns, unless the delay 'is due to reasonable cause and not . . . willful neglect.' 26 U.S.C. § 6651(a)(1). In United States v. Boyle, the Supreme Court established the bright line rule that 'reliance on an agent,'
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11th Circuit Narrows 18 U.S. Code Section 1521
Title 18, United States Code, Section 1521 prohibits the knowing filing of false liens or encumbrances against the property of an individual described in 18 U.S.C. Section 1114 [an officer or employee of the United States], "on account of the performance of official duties by that individual." In U.S. v. Pate, the 11th Circuit recently held
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Release Pending Appeal Granted Based on Substantial Question Regarding Ineffective Assistance of Counsel
It is a truism that federal circuit courts very seldom entertain ineffective assistance of counsel claims on appeal, because the record below is usually inadequately developed. Criminal defendants typically must wait to raise such claims in a habeas petition. But last week the Sixth Circuit released appellant Faraday Hosseinipour pending her appeal, holding that she
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Trump Gag Order
Here is Judge Chutkan's gag order issued earlier today in United States v. Trump in the U.S. District Court for the District of Columbia: 10-17-23 Trump Gag Order in DC Case. By way of comparison, in August 2023, SDNY District Judge Lewis Kaplan granted the government's motion to revoke Defendant Sam Bankman-Fried's bond and detain
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Trump Indictment # 4 – Georgia-Part One
Fulton County Georgia District Attorney Fani Willis spoke about the Georgia Grand Jury Indictment issued yesterday. A review of the Indictment and my thoughts are below: The Indictment has 19 defendants and all 19 of these individuals face a RICO charge. Each of these defendants also has at least one other charge. No one is
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Trump Defense Counsel & Case Timing
Former President Trump's counsel of the past have faced a lot of questions, and may face more if they are called as witnesses in one of his upcoming trials. Questions such as attorney-client privilege, the crime-fraud exception, and perhaps even questions revolving around an advice of counsel defense may be on the horizon. These cases
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Trump Indictment # 3 – “You’re too honest”
Special Prosecutor Jack Smith's recent Indictment of former President Donald Trump carries serious charges, and this is the most important case for our country and our constitutional processes. My thoughts: The Indictment is 45 pages long and has four charges: Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud the United States); Count 2: 18
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How To Think About The Hunter Biden Whistleblowers’ Disclosures And The Hunter Biden Plea Agreement. Part I.
There are three key elements to the recent disclosures by IRS Criminal Investigation Division whistleblowers concerning the DOJ’s criminal investigation of Hunter Biden: 1) the false and/or conflicting statements by Delaware U.S. Attorney David Weiss and Attorney General Merrick Garland about the degree of authority and independence conferred upon Weiss by DOJ; 2) the alleged
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