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Presidential Immunity Ruling Stirs Sound and Fury
FEATURED
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 acts” of a president, “unofficial acts” of a personal nature, or “official acts” relating to the president’s core constitutional responsibilities. In D.C., Judge Chutkan sided with Special Counsel Jack Smith in pushing for a comparatively expedited trial date based upon a nebulous “speedy trial” right of the public to see a leading presidential candidate tried…
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…
Punishing the Parent – Should the Parents of a School Shooter Be Criminally Liable for their Parental Failures?
April 16, 2024
Punishing the Parent – Should the Parents of a School Shooter Be Criminally Liable for their Parental Failures?
By: Abbey Block
Can being a bad parent make you a criminal? A jury in Michigan recently answered yes in the case of Jennifer and James Crumbley – the parents of high school mass shooter, Ethan Crumbley. Although neither Mr. nor Mrs. Crumbley fired a single shot during the school shooting that killed four students (and injured six other people), last week they were each sentenced to ten…
Police Make iPhone Public Enemy No. 1
February 26, 2016
Police Make iPhone Public Enemy No. 1
By: Ifrah Law
FBI Director James Comey took a rare break from the posturing typical of investigators and prosecutors in the current showdown between Apple and the FBI. While prosecutors argue that Apple’s privacy concerns are a smokescreen to avoid “assist[ing] the effort to fully investigate a deadly terrorist attack,” Comey posted a statement over the weekend in which he took the position that the tension between security…
FBI Recruits Apple to Help Unlock Your iPhone
February 19, 2016
FBI Recruits Apple to Help Unlock Your iPhone
By: Ifrah Law
It is a well-known maxim that “bad facts make bad law.” And as anybody even casually browsing social media this week likely has seen, the incredibly tragic facts surrounding the San Bernadino attacks last December have led to a ruling that jeopardizes the privacy rights of all law-abiding Americans. First, it is important to clearly understand the ruling. After the horrific attack in San Bernadino…
Normandie Casino Operator Pleads Guilty to Charges Stemming from Protection of High-Rollers
February 11, 2016
Normandie Casino Operator Pleads Guilty to Charges Stemming from Protection of High-Rollers
By: Ifrah Law
Despite the old saying “the customer is always right,” the law places limits on customer service in the casino industry. Normandie Casino has found this out the hard way. The operator of the casino has agreed to plead guilty to charges that it violated anti-money laundering provisions of the Bank Secrecy Act, according to a Department of Justice press release. Normandie Casino is one of…
Oklahoma Judge Rejects Penalties for Rolling the Dice Before a Jury
January 15, 2016
Oklahoma Judge Rejects Penalties for Rolling the Dice Before a Jury
By: Ifrah Law
As a matter of course, federal prosecutors often pile on charges in order to strong-arm defendants into entering a favorable guilty plea quickly. Those who exercise their jury trial right and put the government to its proof often receive harsh sentences based on these overreaching indictments. But last week, a federal judge in Oklahoma took a rare stand against this practice. United States v. King,…
Is It Ever Okay to Share Passwords?
November 4, 2015
Is It Ever Okay to Share Passwords?
By: Ifrah Law
If you’ve ever let your kids sign into your Netflix or HBO Go account, or given your marketing department access to your Twitter feed, you may be committing a federal crime, depending on how the Ninth Circuit rules on a case argued before it just last month. The case, United States v. Nosal, is the latest chapter in a series of cases in which federal…
