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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…
Time to Make Brady Compliance Part of Prosecutors’ Culture
November 17, 2010
Time to Make Brady Compliance Part of Prosecutors’ Culture
By: Ifrah Law
On Thursday, November 4, 2010, Rod Rosenstein, the U.S. Attorney for Maryland, defended the U.S. Department of Justice’s recent efforts to address its compliance with Brady v. Maryland, the 1963 Supreme Court case requiring prosecutors to disclose information that would tend to exculpate criminal defendants. Rosenstein, speaking before a group of defense attorneys at an American Bar Association town hall meeting, said that the DOJ…
The Struggle to Revive ‘Honest Services’
November 16, 2010
The Struggle to Revive ‘Honest Services’
By: Ifrah Law
On November 16, 2010, the Los Angeles-based Daily Journal published an article by Jeffrey Hamlin, an associate at Ifrah PLLC, on a recent U.S. District Court ruling. The following is the full text of the article. Earlier this year, the U.S. Supreme Court, in the much-watched case of former Enron executive Jeffrey Skilling, limited the federal “honest services” statute to traditional or “paradigmatic” bribery and…
Did Drug Company Lawyer Make False Statements to FDA?
November 10, 2010
Did Drug Company Lawyer Make False Statements to FDA?
By: Ifrah Law
When regulatory agencies ask major corporations to hand over documents to them as part of an ongoing investigation, there’s normally a pretty clear understanding of how things work: if the agency doesn’t receive the full set of documents it is asking for, it negotiates with the company, or ratchets up the urgency of the request, or goes to court to enforce a subpoena. What it…
Settlement Indicates Widespread Abuse of SBA Preference Programs
November 5, 2010
Settlement Indicates Widespread Abuse of SBA Preference Programs
By: Ifrah Law
Last month, the U.S. Department of Justice settled a case with a Maryland company that shows, yet again, how common it is for companies to abuse the preference programs that the Small Business Administration runs. In this case, it was the SBA’s Historically Underutilized Business Zone (HUBZone) program that was the target. Beltsville, Md.-based CSI Engineering and CSI Design Build – along with their president,…
GTSI Settlement Could Mark Crackdown on Contracting Abuses
November 3, 2010
GTSI Settlement Could Mark Crackdown on Contracting Abuses
By: Ifrah Law
The U.S. Small Business Administration has announced a tough settlement with GTSI Corp., one of the nation’s largest government contractors. GTSI, which had been accused of improperly obtaining contracts that are meant for small businesses, avoided a one-year suspension from new work for the federal government. But two of its top executives are stepping down, three others are suspended, and the company has agreed to…
