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How Thick is the Blanket? – Preemptive Pardons as a Presidential Power
FEATURED
December 6, 2024
How Thick is the Blanket? – Preemptive Pardons as a Presidential Power
By: James Trusty
As the presiding judge scolded Hunter Biden’s attorneys this week, “The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States, U.S. Const. art. II, § 2, cl. 1, but nowhere does the Constitution give the President the authority to rewrite history.”[1] But what exactly is that history he claims is being re-written? Judge Scarsi was challenging the largely academic issue of whether a pardon signed at noon, for instance, protects against crimes committed on the same day at dinnertime. That is a very limited run at the notion of “preemptive” pardons, and it seems to be strictly a question of chronology. The judge did not seem to question the idea of…
Supremely Improbable
July 30, 2024
Supremely Improbable
By: James Trusty
President Biden’s pronounced objectives for Supreme Court “reform” are improbable, politically lifeless under a particularly lame duck presidency, and motivated by transparently November-driven calculations. But even if the proposed changes are doomed from the start, they push public discourse on a couple of issues that are red meat for the democrats. The stated reforms are superficially simple ones: 1) to “clarify” that “there is no…
Presidential Immunity Ruling Stirs Sound and Fury
July 5, 2024
Presidential Immunity Ruling Stirs Sound and Fury
By: James Trusty
The immediate and eventual impact of the Supreme Court’s immunity decision in Trump v. United States is both considerable and dramatically misrepresented. The initial consequences include likely delay to the January 6 prosecution out of D.C. and the setting of hearings—in D.C., Georgia and south Florida—where the judges will be required to make factual findings as to whether the evidence supporting the indictments reflect “official…
‘Taking the Fifth’ Before Congress: A New Ethics Twist
March 18, 2011
‘Taking the Fifth’ Before Congress: A New Ethics Twist
By: Ifrah Law
It’s unethical for a prosecutor to put a witness on the stand in a criminal trial when he or she knows in advance that the witness is going to take the Fifth Amendment and refuse to testify at all. Legal ethics authorities reason that the only effect of that kind of testimony is not to bring out relevant evidence but simply to prejudice the jury…
Brady Violation Leads to Reversal of Conviction in D.C.
March 14, 2011
Brady Violation Leads to Reversal of Conviction in D.C.
By: Ifrah Law
Editor’s note: This is a guest blog post by David Deitch, a Washington, D.C.-based litigator and the author of the White Collar Criminal Defense Blog. He can be reached at dbdeitch@nulldeitchlawdc.com. According to the D.C. Court of Appeals, when it comes to Brady disclosures, late is not necessarily better than never. In Miller v. United States, decided on March 3, 2011, the court overturned a conviction…
The Recession’s Effect on Federal Prison Sentences
March 7, 2011
The Recession’s Effect on Federal Prison Sentences
By: Ifrah Law
On March 2, 2011, Jeff Ifrah, founder of Ifrah Law, and Jeffrey Hamlin, an associate in the firm, published the following article in the Los Angeles Daily Journal. Prison inmates in the United States may have reason to thank Wall Street for the 2008 recession. The bloated federal deficit is forcing agencies to tighten their budgets, including the U.S. Department of Justice. According to its budget for…
Big Boeing Award, New Rules Won’t End DOD Conflicts of Interest
February 25, 2011
Big Boeing Award, New Rules Won’t End DOD Conflicts of Interest
By: Ifrah Law
After a decade of delays and embarrassing missteps, on February 24 the Air Force awarded one of the largest contracts in military history, a $35 billion deal to build nearly 200 giant airborne refueling tankers, to the Chicago-based Boeing Company. At one point, the Air Force had awarded the contract to a team composed of Northrop Grumman and EADS North America, a unit of European…
Will the Internet Taint a Loughner Verdict?
February 22, 2011
Will the Internet Taint a Loughner Verdict?
By: Ifrah Law
As Arizona plans a trial for accused Tucson shooter Jared Lee Loughner, a new set of questions has arisen: How will a jury be able to sit in impartial judgment, untainted by nonstop online coverage of the crime and its aftermath? What safeguards should a judge impose to keep the jury from following the case on the Internet and reaching a verdict based on facts…
