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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…
U.K. Juror Gets 8-Month Sentence for Facebook Use
July 5, 2011
U.K. Juror Gets 8-Month Sentence for Facebook Use
By: Ifrah Law
Eight months seems a harsh sentence for a juror who made some ill-considered Facebook posts. Harsh, that is, until you hear the facts. The proceeding against U.K. resident Joanne Fraill is one of the first contempt prosecutions ever against a juror for improper Internet use. And the punishment she received is a reminder that, when pushed, courts have both the power and the will to…
DC Attorney General Testifies That DC Online Gaming Law Does Not Violate Federal Law
June 30, 2011
DC Attorney General Testifies That DC Online Gaming Law Does Not Violate Federal Law
By: Ifrah Law
The D.C. Council held a hearing on June 29, 2011, to discuss the implementation of a new law that is scheduled to go into full effect on Sept. 8, allowing legal online gaming within the D.C city limits. This would make the District of Columbia the first jurisdiction in the United States to legalize online gaming for money. The hearing also marked the first time…
New House Bill May Open Door to Legal Online Poker
June 26, 2011
New House Bill May Open Door to Legal Online Poker
By: Ifrah Law
The momentum toward federal legalization of online poker took a significant step forward on Friday, June 24, when Rep. Joe Barton (R-Tex.) held a press conference to discuss the details of his legalization bill. The “Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2011” would both legalize online poker and create a new federal agency to oversee its administration. Rep. Barton said…
Court of Appeals 9th Circuit to D.C. Circuit: We’ll See You in [The Supreme] Court
June 24, 2011
Court of Appeals 9th Circuit to D.C. Circuit: We’ll See You in [The Supreme] Court
By: Ifrah Law
Yesterday, the US Court of Appeals for the 9th Circuit cleared the way for the extortion case against Former Rep. Rick Renzi (R-Ariz.) to proceed to trial. In the process, they flatly disagreed with a 2007 ruling by the Court of Appeals for the D.C. Circuit on a US representative’s right to advance notice for search and seizure. Given this conflict between two appeals courts…
Good-Faith Rule Applies to Document Destruction
June 20, 2011
Good-Faith Rule Applies to Document Destruction
By: Ifrah Law
Big cases can turn on a little rule of evidence called spoliation. The rule recognizes that a trial court has the inherent authority to sanction a party for destroying, altering, or failing to preserve property that the opponent could have used as evidence. A recent decision in the Eastern District of Virginia serves as a reminder that a judge’s decision to award sanctions — and…
