Insights < BACK TO ALL INSIGHTS
Judging the Judges
FEATURED
October 2, 2026
Judging the Judges
By: Lauren Scribner
Judges are in the business of holding people accountable for crimes and misconduct—but how do we hold judges accountable for their own ethical lapses? Recently, in a moment of frustration, Florida Second Circuit Judge J. Layne Smith told three attorneys practicing in his courtroom that he “would like to tell the deputy to pull his gun and shoot all three of [them] as far as [his] level of frustration right now.”[1] Yes—you read that correctly. A presiding judge vocalized his thought to have attorneys practicing in his courtroom shot by courtroom security. What should the consequence be for using such threatening language? A mere public reprimand and recusal from that case?[2] Or, should there be some sort of tangible punishment?…
Dismissive of Dismissal
September 25, 2026
Dismissive of Dismissal
By: James Trusty
During the two Trump administrations, a trend has begun to emerge of federal judges challenging the once-unrestricted authority of the Department of Justice (DOJ) to dismiss indictments. The longstanding framework of separation of powers suggests this judicial pushback is unsupported activism, but the judges claim the Federal Rules of Criminal Procedure (“Rules”) do not relegate their role to rubber stamping. Ultimately, this trajectory may lead…
In the age of AI, litigators must read between the lines—literally.
August 18, 2026
In the age of AI, litigators must read between the lines—literally.
By: Robert Ward
In the age of AI, litigators must read between the lines—literally. Any attorney who has litigated a case against a party proceeding pro se is familiar with the common refrain that courts liberally construe pro se filings.[1] This leniency was not enough for one Connecticut litigant. In a scheme that gives new meaning to the phrase “reading between the lines,” pro se plaintiff Matthew Elliot…
Court Places Limits on DOJ’s Asset Forfeiture Powers
August 4, 2010
Court Places Limits on DOJ’s Asset Forfeiture Powers
By: Ifrah Law
The D.C. Circuit recently handed a significant victory to anyone with assets in the U.S. – especially anyone under investigation in another country for violation of that country’s laws. As reported on the Blog of Legal Times, the D.C. Circuit issued a decision on July 16 holding that the Department of Justice could not seize the assets of two funds pending Brazil’s investigation of the…
Federal Sentencing: A Longer Sentence For Post-Conviction Comments to the Press?
August 2, 2010
Federal Sentencing: A Longer Sentence For Post-Conviction Comments to the Press?
By: Ifrah Law
Lynne Stewart, an attorney who was convicted in 2005 of providing material support to a terrorist group by passing messages to and from her imprisoned client, Sheik Omar Abdel Rahman, to his followers, was re-sentenced last month by U.S. District Judge John Koeltl in the Southern District of New York to 10 years in prison, far more than observers expected. But most surprising was the…
Skilling Having Impact on Pending Honest Services Fraud Cases
July 28, 2010
Skilling Having Impact on Pending Honest Services Fraud Cases
By: Ifrah Law
On June 24, 2010, the U.S. Supreme Court handed down its much-awaited ruling in Skilling v. United States, which limited the scope of honest-services fraud. The next step is to look at the lower courts and see how they are interpreting the Skilling decision. After comments made very recently by U.S. District Judge Ellen Segal Huvelle in a high-profile case in the District of Columbia, prosecutors…
In Rare Ruling, Court Permits Discovery Into Motives Behind FTC Subpoena
July 26, 2010
In Rare Ruling, Court Permits Discovery Into Motives Behind FTC Subpoena
By: Ifrah Law
When a U.S. magistrate judge in the District of Columbia issued his ruling in Federal Trade Commission v. Bisaro on July 13, 2010, permitting limited discovery of certain FTC officials regarding an agency subpoena, it had been more than three decades since the D.C. Circuit had found that “extraordinary circumstances” were present that warranted discovery in a subpoena enforcement action. Subpoena enforcement proceedings are typically…
EFF Challenges Subpoenas to ISPs for Identities of Anonymous Posters
July 22, 2010
EFF Challenges Subpoenas to ISPs for Identities of Anonymous Posters
By: Ifrah Law
On July 14, 2010, the Electronic Frontier Foundation (EFF), a group that defends the privacy and online rights of computer and Internet users, served a motion to quash two dragnet subpoenas issued by the plaintiffs in a high-profile New York state court case to Internet service providers (ISP’s) Google and Yahoo. The subpoenas demanded the identities of a wide range of anonymous online critics who posted…
