driving near anza-borrego desert state park, ocatillo, ca - usa

DOJ Memo Sneaks In Seismic Changes

DOJ Memo Sneaks In Seismic Changes

January 31, 2025

DOJ Memo Sneaks In Seismic Changes

By: James Trusty

Amidst the tidal wave of Executive Orders, presidential appointments, and policy announcements, it is easy to treat last week’s Interim Policy Memo from the Acting Deputy Attorney General[1] as just another ripple of nominal change that occurs when democrats replace republicans or republicans replace democrats. And, indeed, although there are portions of it that reflect the recurring philosophical tug-of-war over the tough on crime approach first memorialized by Attorney General Thornburgh in 1989, it would be a serious oversight to miss the Memo’s dramatic departure from status quo and even from the first Trump administration’s view of federal prosecutor responsibilities. The heart of the memo is immigration enforcement. The Memo emphasizes the need for DOJ and the Department of Homeland…

Read More about DOJ Memo Sneaks In Seismic Changes

Virtual Reality Creating Jury Reality

January 7, 2025

Virtual Reality Creating Jury Reality

By: James Trusty

A Florida Judge may have unwittingly ushered in a new age of criminal justice, where slickly made virtual reality (“VR”) presentations turn judges and jurors into witnesses, and VR headsets provide subjective “testimony” in a powerful and difficult to challenge manner. Broward County Judge Andrew Siegel agreed to don a virtual reality headset in a preliminary proceeding[1] where the defendant was accused of aggravated assault….

Read More about Virtual Reality Creating Jury Reality

How Thick is the Blanket? – Preemptive Pardons as a Presidential Power

December 6, 2024

How Thick is the Blanket? – Preemptive Pardons as a Presidential Power

By: James Trusty

As the presiding judge scolded Hunter Biden’s attorneys this week, “The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States, U.S. Const. art. II, § 2, cl. 1, but nowhere does the Constitution give the President the authority to rewrite history.”[1]  But what exactly is that history he claims is being re-written? Judge Scarsi was challenging…

Read More about How Thick is the Blanket? – Preemptive Pardons as a Presidential Power

DOJ’s New Charging and Sentencing Policy Will Disproportionately Impact Vulnerable Populations

May 15, 2017

DOJ’s New Charging and Sentencing Policy Will Disproportionately Impact Vulnerable Populations

By: Jeffrey Hamlin

On May 10, 2017, Attorney General Jeff Sessions issued a memorandum that expressly rescinds previous Department of Justice (DOJ) policy and directs federal prosecutors to “charge and pursue the most serious, readily provable offense” against federal defendants. The likely result of this harsher approach to the enforcement of federal drug laws is a return to mass incarceration, with disparate impacts on communities of color and…

Read More about DOJ’s New Charging and Sentencing Policy Will Disproportionately Impact Vulnerable Populations

When A Threat Becomes A Crime

March 2, 2017

When A Threat Becomes A Crime

By: James Trusty

A Miami Beach man was recently accused of threatening President Trump on Twitter. He sent the threat directly to Secret Service, challenging them to stop his Inauguration Day surprise. They did, and Dominic Puopolo, who used the screen name of Lord Jesus Christ, is now in federal custody. Sending a threat to the President, to an ex-wife, or to a judge is a federal felony, punishable by…

Read More about When A Threat Becomes A Crime

Will Clemency Continue?

February 1, 2017

Will Clemency Continue?

By: Steven Eichorn

There are many big policy changes happening in Washington these days and they receive appropriate press coverage. But, there are also many smaller changes that can have literally life changing effects on citizens, which are not generally reported in the media. One of those smaller changes is whether the Trump administration will revive a clemency program for federal inmates that effectively concluded with the end of…

Read More about Will Clemency Continue?

Alexa and Fifth Amendment Law

January 17, 2017

Alexa and Fifth Amendment Law

By: Ifrah Law

It sits in your house, passively recording everything you say.  It knows what you like.  It knows what you listen to.  It knows what you buy.  It knows who’s in the room with you.  And now, it might tell the police all about it. “It” is the Amazon Echo, a revolution in the “internet of things.”  The Echo is a smart speaker that connects directly…

Read More about Alexa and Fifth Amendment Law

‘Tis the Season of Giving: Supreme Court Expands Insider Trading Liability to Recipients of “Gift” Stock Tips

December 6, 2016

‘Tis the Season of Giving: Supreme Court Expands Insider Trading Liability to Recipients of “Gift” Stock Tips

By: Ifrah Law

Just in time for the holiday season, the Supreme Court has ruled that gift-giving is truly its own reward.  But far from embodying the spirit of generosity that typically goes with that saying, the Court has ruled that the warm feeling one gets from giving to others can give rise to criminal insider trading liability. This ruling will extend insider trading liability for the recipients…

Read More about ‘Tis the Season of Giving: Supreme Court Expands Insider Trading Liability to Recipients of “Gift” Stock Tips

Articles and Presentations by Our Firm Attorneys

DOJ Memo Sneaks In Seismic Changes

DOJ Memo Sneaks In Seismic Changes
By: James Trusty

Virtual Reality Creating Jury Reality

Virtual Reality Creating Jury Reality
By: James Trusty

How Thick is the Blanket? – Preemptive Pardons as a Presidential Power

How Thick is the Blanket? – Preemptive Pardons as a Presidential Power
By: James Trusty

Subscribe to Ifrah Law’s Insights