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The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
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July 29, 2025
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
By: James Trusty
Americans are used to a considerable level of dirty tricks when it comes to politics. Occasionally, however, a legal line is crossed and a high-level official is either chased out of office, subjected to a criminal prosecution, or both. Ask Richard Nixon, Marvin Mandel, and Bob Menendez. Despite the predictable proclamation from prominent democrats that DNI Director Tulsi Gabbard’s referral is “old news” and “politically motivated,” in reality it is too early to characterize the newly discovered evidence as overwhelming or to call it mere hardball politics. If President Obama decided to completely flip intelligence conclusions about Russian (non) interference in the 2016 election and knowingly set the false information in motion to hobble the incoming president, then we could…
Baltimoronic Investigation
July 8, 2025
Baltimoronic Investigation
By: James Trusty
June 24, 2025, may mark the day that the criminal justice system for Baltimore, Maryland finally established its lunacy. If the allegations are correct, an employee of Pretrial Services committed what Maryland officials view as a cardinal sin—he or she let ICE know that there was an illegal alien coming to the office. Armed with that information, ICE showed up at the courthouse, was allowed…
Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
June 30, 2025
Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
By: James Trusty
During the pre-indictment period in which I was one of President Trump’s lawyers, there was a considerable amount of then-sealed litigation over the Special Counsel Office’s (“SCO”) insatiable search for incriminating evidence. We regularly found ourselves fighting against prosecutors providing ex parte information to the Court in support of their singular claims that Donald J. Trump did not have the same legal privileges as almost…
New DOJ Guide on FCPA Provides Guidance, Gives Statute a Broad Reading
November 26, 2012
New DOJ Guide on FCPA Provides Guidance, Gives Statute a Broad Reading
By: Ifrah Law
After much uncertainty and discussion, the U.S. Department of Justice has finally issued official guidance regarding who qualifies as a “foreign official” under the Foreign Corrupt Practices Act (FCPA). This guidance was published on November 14, 2012, in the Resource Guide to the U.S. Foreign Corrupt Practices Act, a broad guide to enforcement and interpretation of the FCPA that the DOJ issued jointly with the…
Domain Names and the First Amendment: The Latest Word
November 21, 2012
Domain Names and the First Amendment: The Latest Word
By: Ifrah Law
The intersection of domain names and the First Amendment is not new. Indeed, in the early days of the domain name system, courts considered the issue of whether a domain name registrar could prohibit the registration of domain names on the basis of content – for instance, domain names containing profanities. See Nat’l A-1 Advertising, Inc. v. Network Solutions, Inc., 121 F. Supp. 2d 156…
China, Other Nations Need to Crack Down on Software Piracy
November 15, 2012
China, Other Nations Need to Crack Down on Software Piracy
By: Ifrah Law
Reuters recently quoted Tian Lipu, head of China’s State Intellectual Office, complaining about China’s reputation for rampant software piracy. According to Tian, “China is the world’s largest payer for patent rights, for trademark rights, for royalties, and one of the largest for buying real software . . . We pay the most. People rarely talk about this, but it really is a fact.” Tian’s protestations…
DOJ Should Not Withhold Information From Defense in High-Profile Leak Case
November 5, 2012
DOJ Should Not Withhold Information From Defense in High-Profile Leak Case
By: Ifrah Law
Lawyers for Stephen Jin-Woo Kim, a former federal contractor employee accused of unlawfully disclosing sensitive information, recently filed a motion in the U.S. District Court for the District of Columbia criticizing the government’s withholding of information in the case and asking the court to order the government to produce the documents. The government should not be permitted to withhold this type of valuable, discoverable information…
Judge Rakoff and the Emperor’s New Clothes
October 29, 2012
Judge Rakoff and the Emperor’s New Clothes
By: Ifrah Law
On October 24, 2012, U.S. District Judge Jed Rakoff sentenced Rajat Gupta to 24 months after he was found guilty by a jury of one count of conspiracy and three counts of substantive securities fraud, in connection with providing material non-public information to convicted inside trader Raj Rajratnam. This two-year prison sentence was substantially below the applicable advisory range under the United States Sentencing Guidelines…