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Supremely Improbable
FEATURED
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 immunity for crimes a former president committed while in office,” 2) to limit SCOTUS appointments to 18-year terms, and 3) to create a mandatory/enforceable ethics code on the high court. Some context for this agenda is in order. The “clarification” push flows directly, albeit inaccurately, from the recent immunity decision in Trump v. United States….
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…
The Challenging Terrain of White-Collar Sentencing
June 3, 2024
The Challenging Terrain of White-Collar Sentencing
By: James Trusty
Federal judges are required to balance a number of factors whenever imposing sentence, including specifically enumerated areas that largely stem from the broader philosophical categories of General Deterrence, Specific Deterrence, Retribution/Punishment, Restitution and Victim Impact, and Rehabilitation. In determining the presumptively reasonable range of potential sentences, federal practitioners consult their always-handy U.S. Sentencing Guidelines, which create a sentencing range grid based upon the offense characteristics…
A Rubashkin Acquittal: Did the Prosecutor Go Too Far?
June 11, 2010
A Rubashkin Acquittal: Did the Prosecutor Go Too Far?
By: Ifrah Law
Former Agriprocessors, Inc. executive Sholom Rubashkin was acquitted in Iowa state court on Monday, June 7, 2010, on all 67 counts of child labor violations relating to 26 teenagers from Latin America who worked at Rubashkin’s kosher meatpacking plant in Postville, Iowa. The jury reached its verdict during the second day of deliberations. During the month-long trial, the jury had heard testimony from several Guatemalan…
Judge Weighs In on DOJ ‘Side Agreement’ With Bank
June 8, 2010
Judge Weighs In on DOJ ‘Side Agreement’ With Bank
By: Ifrah Law
In a rare occurrence, a so-called deferred prosecution agreement entered into by the U.S. Department of Justice with a target of a criminal investigation has been subject to scrutiny by a federal judge, and the result wasn’t favorable to the government. In fact, a judicial ruling in the case of a fired Miami bank executive appears to be a signal from the bench to the…
Is Google Ready to Protect Our Legal Rights?
June 7, 2010
Is Google Ready to Protect Our Legal Rights?
By: Ifrah Law
Is the government reading your e-mail messages? A routine law enforcement technique of using subpoenas instead of search warrants to obtain e-mail from internet service providers (ISPs) means that literally anyone who uses the Internet risks intrusion from unlawful government surveillance practices. Subpoenas can be issued under a much lower standard than the probable cause standard used for search warrants. They require only a reasonable…
Heritage, NACDL Session Weighs In on Criminal Intent
June 3, 2010
Heritage, NACDL Session Weighs In on Criminal Intent
By: Ifrah Law
An unusual coalition of the conservative Heritage Foundation and the National Association of Criminal Defense Lawyers (NACDL) recently issued a study entitled “Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law.” See this blog’s discussion at Crime in the Suites: Has Congress Eroded the Intent Requirement in Criminal Law? and the discussions on the Letter of Apology and the Sentencing Law and…
Is Virginia Real?
May 26, 2010
Is Virginia Real?
By: Ifrah Law
U.S. Attorney Neil MacBride of the Eastern District of Virginia has been in the news of late. Last week, he announced plans to pursue prosecutions of high-profile securities-fraud cases in his district. For years, securities-fraud cases have been, with rare exception, primarily handled by the Southern District of New York. MacBride takes comfort in a December 2007 Fourth Circuit case that held that the Eastern…
