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Flirting with Disaster: Kid Glove Treatment of an Assassination Attempt Sets Damaging Example
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October 6, 2025
Flirting with Disaster: Kid Glove Treatment of an Assassination Attempt Sets Damaging Example
By: James Trusty
On a crisp October afternoon while the media focused on P Diddy’s high-profile New York sentencing, a less conspicuous—but more consequential—hearing took place in another federal courthouse, not far from the nation’s capital. Nichola Roske was sentenced for the attempted assassination of at least one Supreme Court associate justice. On June 8, 2022, Roske flew across the country—California to Virginia—and then traveled by cab to the Maryland address of Supreme Court Associate Justice Brett Kavanaugh. Roske arrived armed with a laser-sighted handgun, knife, lock picking set, duct tape, hammer, crowbar, and tactical gear. In his on-line research before the cross-country flight, Roske searched for information on conservative justices, mass shooters, and techniques for hurting people with knives, including the question:…
This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
August 25, 2025
This Wall Won’t Hold: Preventing Foreign Claims on Asbestos Trusts
By: George Calhoun
Bankruptcy continues as a favored vehicle for the resolution of mass-tort claims, particularly asbestos-based claims. In two recent cases in Delaware, an often-overlooked issue has raised a red flag concerning the fairness of the trusts proposed in many of these cases. The plan proponents in those cases proposed asbestos trusts that provided that foreign claimants were not eligible for payment. It is a foundational principle…
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
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…
Judges Push Back Against Prosecutorial Abuses
December 23, 2010
Judges Push Back Against Prosecutorial Abuses
By: Ifrah Law
Prosecutorial overreaching is still occurring in courts across the nation, but judges are beginning to push back. In the Ted Stevens case, the former senator was prosecuted on charges that he failed to properly report gifts from a lobbyist—only for the government to later drop all charges against him, saying that his jury conviction should be dismissed because government prosecutors and investigators improperly withheld evidence…
Federal Strike Forces Will Boost Medicare Fraud Enforcement
December 17, 2010
Federal Strike Forces Will Boost Medicare Fraud Enforcement
By: Ifrah Law
In October 2010, federal enforcers announced a plan to nearly triple the number of its Medicare fraud strike force units around the nation. In view of the magnitude of health care fraud, this plan is understandable, but the vast majority of providers, who comply with the law, will also see their compliance and other costs increase. The new strike force teams are a central feature…
ISPs Take Note: Court Rules E-mails Have Full 4th Amendment Protection
December 15, 2010
ISPs Take Note: Court Rules E-mails Have Full 4th Amendment Protection
By: Ifrah Law
The U.S. Court of Appeals for the 6th Circuit has just issued a trail-blazing opinion that is good news for anyone who has ever sent an e-mail – and that needs to be carefully read and adhered to by all Internet service providers (ISPs). We noted six months ago that ISPs have been all too ready to satisfy prosecutors’ requests for access to customer e-mails…
Stacking the Deck Against Defendants in Conspiracy Cases?
December 13, 2010
Stacking the Deck Against Defendants in Conspiracy Cases?
By: Ifrah Law
Are prosecutors stacking the deck against defendants in conspiracy cases? A case now on appeal in the Second Circuit is posing that interesting question. On appeal from his conviction in a fake reinsurance deal scheme, former General Re Corporation assistant general counsel Robert Graham is arguing that the government denied him a fair trial by preventing a key witness from testifying. By amending the original…
Time to Make Brady Compliance Part of Prosecutors’ Culture
November 17, 2010
Time to Make Brady Compliance Part of Prosecutors’ Culture
By: Ifrah Law
On Thursday, November 4, 2010, Rod Rosenstein, the U.S. Attorney for Maryland, defended the U.S. Department of Justice’s recent efforts to address its compliance with Brady v. Maryland, the 1963 Supreme Court case requiring prosecutors to disclose information that would tend to exculpate criminal defendants. Rosenstein, speaking before a group of defense attorneys at an American Bar Association town hall meeting, said that the DOJ…
