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Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
FEATURED
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 anyone else in the history of our country. One of the more maddening moments during these battles was when a U.S. District Court judge chastised me for not “addressing the facts,” when all of the pertinent facts were hidden from the president’s lawyers. Make no mistake, the hostility towards President Trump and his counsel led…
AI Conversations Feel Private. Could They Be Privileged?
June 11, 2025
AI Conversations Feel Private. Could They Be Privileged?
By: Robert Ward
The New York Times’ lawsuit against OpenAI continues to spark debate, and not just about copyright. Most recently, a federal magistrate judge ordered OpenAI to preserve chats that the company might otherwise have deleted at a user’s request. In response, OpenAI CEO Sam Altman suggested that it may be time for a version of the attorney-client or physician-patient privilege, but for AI. While any attempt…
It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism
May 19, 2025
It is Time for a “Second Look” at Legislative Efforts to Combat Mass Incarceration & Recidivism
By: Sara Dalsheim
Government efficiency and spending is a hot topic of controversy in the United States. But even in the context of heated “DOGE” fights, there are proven examples of government efficiency and reduced spending that are clearly working—the passing of measures like the Second Chance and First Step Acts in an effort for mass incarceration and recidivism reduction. The U.S. government spends a total of $80.7…
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…
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…
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…
When Acquitted Conduct Becomes Untouchable
July 27, 2023
When Acquitted Conduct Becomes Untouchable
By: James Trusty
Alphonse Gabriel Capone was never prosecuted for murder, so there was never a jury determining whether Al was responsible for the infamous St. Valentine’s Day Massacre in which seven gang rivals were executed by Capone’s underlings. Instead, “Scarface” Capone was prosecuted and convicted for felony tax evasion offenses, for which he received 11 years in prison. Since that conviction in 1931, the concept of “getting…
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…
