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Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
FEATURED
June 30, 2025
Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
By: James Trusty
During the pre-indictment period in which I was one of President Trump’s lawyers, there was a considerable amount of then-sealed litigation over the Special Counsel Office’s (“SCO”) insatiable search for incriminating evidence. We regularly found ourselves fighting against prosecutors providing ex parte information to the Court in support of their singular claims that Donald J. Trump did not have the same legal privileges as almost anyone else in the history of our country. One of the more maddening moments during these battles was when a U.S. District Court judge chastised me for not “addressing the facts,” when all of the pertinent facts were hidden from the president’s lawyers. Make no mistake, the hostility towards President Trump and his counsel led…
AI Conversations Feel Private. Could They Be Privileged?
June 11, 2025
AI Conversations Feel Private. Could They Be Privileged?
By: Robert Ward
The New York Times’ lawsuit against OpenAI continues to spark debate, and not just about copyright. Most recently, a federal magistrate judge ordered OpenAI to preserve chats that the company might otherwise have deleted at a user’s request. In response, OpenAI CEO Sam Altman suggested that it may be time for a version of the attorney-client or physician-patient privilege, but for AI. While any attempt…
It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism
May 19, 2025
It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism
By: Sara Dalsheim
Government efficiency and spending is a hot topic of controversy in the United States. But even in the context of heated “DOGE” fights, there are proven examples of government efficiency and reduced spending that are clearly working—the passing of measures like the Second Chance and First Step Acts in an effort for mass incarceration and recidivism reduction. The U.S. government spends a total of $80.7…
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…
Jeff Ifrah’s Interview for Washington Legal Foundation
July 23, 2010
Jeff Ifrah’s Interview for Washington Legal Foundation
By: Ifrah Law
Jeff Ifrah, author of this blog, was interviewed today for the Legal Pulse, an online publication of the Washington Legal Foundation. In the interview, Jeff discusses cooperation with the government, federal sentencing, health care fraud, and other current issues in white-collar crime. The interview can be found here.
