Insights < BACK TO ALL INSIGHTS
What Witnesses Need to Know About Congressional Investigations, Part 1
FEATURED
November 10, 2026
What Witnesses Need to Know About Congressional Investigations, Part 1
By: James Trusty
One of the consequences of the midterm blue wave is that Democrats ascending to committee chairs will bring a torrent of subpoenas and interviews, covering topics ranging from the handling of the Iranian war to presidential pardons to the regulation of AI, as well as all points in between. Election night comments like “Lawyer up,” “Subpoenas,” and “We’re going to bring accountability to those who have visited unprecedented corruption on this country,” indicate that Democratic leaders plan to call Trump administration officials and associates to testify beginning in January. Hearings are partisan by design, but witnesses should also expect detailed, well-researched questions. Congressional hearings follow looser rules than courts and are broadcast publicly, so inadequate preparation can carry serious legal…
Judging the Judges
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…
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…
From Federal Prison, Ex-Enron CEO Ponders His Case
June 29, 2010
From Federal Prison, Ex-Enron CEO Ponders His Case
By: Ifrah Law
On June 25, 2010, the U.S. Supreme Court issued its partially favorable decision in Skilling v. United States. Although the Court accepted former Enron CEO Jeff Skilling’s arguments on the reach of the “honest services” statute, it rejected Skilling’s contention that pretrial publicity and community prejudice prevented him from receiving a fair trial. Since his conviction in 2004, Skilling has had ample time to consider…
Supreme Court Hands DOJ a Big Loss, Limiting Use of “Honest Services” Statute
June 24, 2010
Supreme Court Hands DOJ a Big Loss, Limiting Use of “Honest Services” Statute
By: Ifrah Law
Today the Supreme Court decided the key white-collar crime case of Skilling v. United States, rejecting the Justice Department’s efforts to use the well-known “honest services” statute against former Enron CEO Jeffrey Skilling. The court didn’t reverse Skilling’s conviction but sent the case back to the U.S. Court of Appeals for the 5th Circuit to determine whether the conviction could stand without the “honest services”…
Rubashkin Gets 27-Year Federal Sentence for Fraud
June 21, 2010
Rubashkin Gets 27-Year Federal Sentence for Fraud
By: Ifrah Law
Today, U.S. District Judge Linda Reade in Iowa sentenced former kosher meatpacking executive Sholom Rubashkin to 27 years in a federal prison for his conviction on 86 counts of federal financial fraud charges. The prison term will be followed by five years of parole. Mr. Rubashkin will also be required to make restitution of nearly $27 million to several financial institutions. The sentence comes down almost…
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…
