Dismissive of Dismissal

Dismissive of Dismissal

September 25, 2026

Dismissive of Dismissal

By: James Trusty

During the two Trump administrations, a trend has begun to emerge of federal judges challenging the once-unrestricted authority of the Department of Justice (DOJ) to dismiss indictments. The longstanding framework of separation of powers suggests this judicial pushback is unsupported activism, but the judges claim the Federal Rules of Criminal Procedure (“Rules”) do not relegate their role to rubber stamping. Ultimately, this trajectory may lead us to an impossible impasse—a game of chicken where reputations, relationships and the balance of power might be forever altered in the context of dismissal. Pursuant to Rule 48(a), “[t]he government may, with leave of court, dismiss an indictment.” Exactly what “leave of court” means in terms of judicial scrutiny is the challenging question. Some…

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In the age of AI, litigators must read between the lines—literally.

August 18, 2026

In the age of AI, litigators must read between the lines—literally.

By: Robert Ward

In the age of AI, litigators must read between the lines—literally. Any attorney who has litigated a case against a party proceeding pro se is familiar with the common refrain that courts liberally construe pro se filings.[1] This leniency was not enough for one Connecticut litigant. In a scheme that gives new meaning to the phrase “reading between the lines,” pro se plaintiff Matthew Elliot…

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The DOJ Steps Up for Military Families

June 29, 2026

The DOJ Steps Up for Military Families

By: Lauren Scribner

The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 4025a, grants military spouses portability of their professional licenses. That means when a military spouse moves with his or her servicemember to the servicemember’s assigned duty station in a new state, the spouse’s professional license essentially moves with them.[1] In order to take advantage of this license portability benefit in the new state, the SCRA requires…

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Court: Prosecutors Need to Probe Witness’s Veracity When Challenged

July 25, 2011

Court: Prosecutors Need to Probe Witness’s Veracity When Challenged

By: Ifrah Law

On June 17, 2011, the U.S. Court of Appeals for the 7th Circuit ruled in United States v. Freeman that federal prosecutors in criminal cases have an affirmative duty to investigate the viability of a defense challenge regarding whether a cooperating witness could be lying on the stand. This requirement, as expressed in this new opinion, differs from and goes well beyond the well-known existing…

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Journalist Challenges DOJ Subpoena, Claims Reporter’s Privilege

July 20, 2011

Journalist Challenges DOJ Subpoena, Claims Reporter’s Privilege

By: Ifrah Law

James Risen, an investigative journalist for The New York Times, is currently challenging a subpoena issued by the U.S. Department of Justice seeking testimony from him against a CIA agent accused of leaking classified information. The subpoena highlights a trend in which the government attempts to use journalists’ testimony against government employees who reveal information in exchange for anonymity. Risen, citing reporter’s privilege, is seeking…

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Massachusetts Cracks Down on Gambling at Internet Cafes

July 15, 2011

Massachusetts Cracks Down on Gambling at Internet Cafes

By: Ifrah Law

Last month, citing evidence that illegal gambling was going on at “Internet cafés” throughout the state, Massachusetts Attorney General Martha Coakley issued a new permanent regulation banning gambling at such places. The regulation bans the operation of establishments “where a gambling purpose predominates over the bona fide sale of bona fide goods or services” – in this case, cyber cafés and phone card video game terminals….

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Feds Should Think Twice About Regulating For-Profit Colleges

July 13, 2011

Feds Should Think Twice About Regulating For-Profit Colleges

By: Ifrah Law

Business is booming at America’s for-profit colleges. With steady high unemployment rates, many of the job-hungry have opted to pursue higher or specialized degrees in an effort to make themselves more marketable. Pricy for-profit institutions, like the 400,000 strong University of Phoenix, are flourishing with this increased demand as students flock to their courses to invest in new career prospects. But recent regulatory activity at…

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New Guidelines Expand FBI’s Powers to Abuse Citizens’ Freedom

July 7, 2011

New Guidelines Expand FBI’s Powers to Abuse Citizens’ Freedom

By: Ifrah Law

New updates to the FBI’s agent manual, the Domestic Investigations and Operations Guide (DIOG), greatly expand the FBI’s powers to search for information relating to groups or individuals who are not suspected of wrongdoing. The DIOG, which has been described as a collection of procedures, standards, approval levels, and explanations, to be used by FBI agents, was created in 2008 to help implement new Attorney…

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Articles and Presentations by Our Firm Attorneys

Dismissive of Dismissal

Dismissive of Dismissal
By: James Trusty

In the age of AI, litigators must read between the lines—literally.

In the age of AI, litigators must read between the lines—literally.
By: Robert Ward

The DOJ Steps Up for Military Families

The DOJ Steps Up for Military Families
By: Lauren Scribner

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