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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…

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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….

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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…

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No Need for Speed

December 14, 2023

No Need for Speed

By: James Trusty

In most U.S. District Courts, the trial date for a defendant who is not incarcerated is typically many months—and often easily over a year—from the time of his or her initial appearance after indictment. Many trials are resolved by plea agreements without ever having set a “real” trial date. There is lip service to the constitutional notion of a Speedy Trial, and the easily avoidable…

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Human Trafficking Blindspot

November 27, 2023

Human Trafficking Blindspot

By: James Trusty

For many years now, state and federal prosecutors have become increasingly aware of the insidious nature of sexual and labor trafficking. Victimization is cultivated by strong, threatening, and cunning traffickers. Gangs have increasingly turned to sex trafficking as a source of illicit income with low visibility—a trade that does not “bring the heat” to the criminal enterprise in the same way that drug trafficking and…

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Equal Justice as Another Casualty of War

November 9, 2023

Equal Justice as Another Casualty of War

By: James Trusty

While many Americans properly focus on the carnage and chaos of two wars, there is also a more subtle war being waged by progressive mayors—and others in high positions—on fundamentally important notions like Rule of Law and Equal Justice. Last weekend over 100,000 protesters descended upon Washington, D.C. to chant and vandalize as a bewildering show of support for Hamas, an entity that demonstrates its…

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Reading the Plea Leaves

October 25, 2023

Reading the Plea Leaves

By: James Trusty

Are guilty pleas in Fulton County confirming the righteousness of Fani Willis’ RICO prosecution or do they reflect an inherent frailty of the case, even in a venue where jurors largely can be expected to instinctively support a prosecution of high-profile Republicans? A close look at the recent plea agreements suggests that prosecutorial victory laps are premature. While the indictment itself has joined the ranks…

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Not a Grande Victory for DOJ

September 13, 2023

Not a Grande Victory for DOJ

By: James Trusty

Frustrated with the massive influx of aliens into Texas, Texas Governor Greg Abbott came up with a plan that was physically simple, but legally complex: drop a 1000-foot-long buoy barrier into the middle of the Rio Grande. The four-foot spherical orange buoys were chained together and anchored to the riverbed near the town of Eagle Pass—a sector that reported 270,000 encounters with migrants during the…

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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

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