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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…
True Threats and True Agendas
July 6, 2023
True Threats and True Agendas
By: James Trusty
Last week’s Supreme Court opinion on the “true threats” doctrine seemingly settles a long- brewing issue in threat-based prosecutions but also reflects the anticipatory positioning of various Associate Justices on much hotter issues that may make their way to SCOTUS consideration in the near future. As such, the debate-behind-the-debate between the Court’s members is of great interest to those who like predicting the next big…
Robocop Finds His Man, But Man Gets Robocop’s Instruction Manual
June 22, 2023
Robocop Finds His Man, But Man Gets Robocop’s Instruction Manual
By: James Trusty
Many years ago, a prosecutor I worked with at the time was in a fascinating murder trial, where the defense included a forensic psychiatrist opining that the defendant suffered from multiple personalities. According to this expert, one of the “inhabitants” of the defendant’s mind was a creature named Tofu the Demon Dog. On cross examination, the doctor volunteered to the jury that these distinct personalities…
Singing the Varsity Blues – Convictions Vacated For Two Defendants in the College Admission Scandal.
June 19, 2023
Singing the Varsity Blues – Convictions Vacated For Two Defendants in the College Admission Scandal.
By: Abbey Block
On May 10, 2023, the First Circuit Court of Appeals provided welcoming news to two of the defendants in “Varsity Blues” the college admissions scandal – their convictions were being vacated. Former Wynn Resorts executive Gamal Abdelaziz and private equity executive John Wilson were just two of dozens of high-profile defendants charged with various white-collar crimes – including bribery and fraud – for making fraudulent…
Playing with House Money
May 15, 2023
Playing with House Money
By: James Trusty
Just as the walls seemed to be closing in on young entrepreneur Charlie Javice, a bit of offense has left her opponent, JPMorgan, in an entirely uncomfortable position largely of its own making. Javice founded a college loan planning entity called Frank, that appeared to be doing so well that JP Morgan bought it in 2021 for $175 million, purportedly lining Charlie’s pocket to the…
Eight Finance Social Media Influencers Charged In $100 Million Market Manipulation Scheme
December 19, 2022
Eight Finance Social Media Influencers Charged In $100 Million Market Manipulation Scheme
By: Jake Gray
The U.S. Securities and Exchange Commission (“SEC”) has announced charges against eight finance-oriented social media influencers in an alleged $100 million securities fraud scheme, in which they engaged in “pump-and-dump” market manipulation by leveraging their following on various social media platforms. The securities fraud charges, unsealed on December 13th, name seven defendants with an eighth defendant charged with aiding and abetting the alleged scheme. [1]…
