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AI Conversations Feel Private. Could They Be Privileged?
FEATURED
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 to define such an “AI privilege” would involve tackling difficult questions about our relationships with AI systems, the more likely barrier will be the general reluctance to recognize new evidentiary privileges, particularly in federal courts. The expansive AI privilege Altman appears to envision is therefore unlikely to materialize any time soon. The premise of Altman’s…
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…
A Luigi Mangione Death Penalty Trial
April 15, 2025
A Luigi Mangione Death Penalty Trial
By: James Trusty
The Attorney General’s recent announcement that DOJ will seek the death penalty against Luigi Mangione raises a host of interesting legal and philosophical issues, and it almost certainly reflects a dramatic about-face from the Biden administration’s approach towards federal prosecutions for death-eligible offenses. Aside from having personally prosecuted three death penalty trials while I was an Assistant U.S. Attorney in Maryland and when I was…
Michigan’s High Profile Boomerang
April 21, 2022
Michigan’s High Profile Boomerang
By: James Trusty
About one month before the 2020 election, the Department of Justice proudly announced their disruption of a scheme to kidnap Michigan Governor Gretchen Whitmer. Six men were arrested and referred to as “violent extremists.” Gov. Whitmer’s surrogates indicated that the blame was not fully on the gnarly bearded men whose pictures dominated newscasts around the country, but on Donald Trump, who had whipped up crowds…
Modern Day Ceasar Faces Brutal End
August 23, 2021
Modern Day Ceasar Faces Brutal End
By: James Trusty
Last week’s Second Circuit Court of Appeals opinion in U.S. v. Sinmayah Ceasar, 2021 WL 3640387 (2nd Cir. Aug. 18, 2021) provides some insight into the challenging area of defining a “reasonable” sentence and ascertaining the circumstances when appellate courts might overturn a judge’s sentencing decision for being “unreasonably” lenient. The case against Ceasar was not built in a day. The government obtained evidence that…
Time to Face the (Hidden) Music
August 2, 2021
Time to Face the (Hidden) Music
By: James Trusty
A Texas man named Guy Reffitt has found himself at the edge of the new legal frontier, a place where privacy rights and encrypted technology face aggressive prosecutors willing to push for their strongest criminal case. This Guy did not bring a lot of sympathy to the legal battle—he is alleged to have traveled from Wylie, Texas to the Capitol on January 6, 2021, with…
Of Permits, Preliminary Injunctions, and Pine Beetles
June 29, 2021
Of Permits, Preliminary Injunctions, and Pine Beetles
By: James Trusty
Last Independence Day, there was a big firework show at Mt. Rushmore, the first one since 2009. President Trump joined Governor Kristi Noem, and the show was well-attended by South Dakotans and tourists alike. Governor Noem liked it so much that she put in for a permit this year, only to be rejected by the National Park Service. That’s when the real fireworks began. The…
Biden’s aggressive Justice Dept – Civil Rights Division putting local police on notice. Here’s how
May 19, 2021
Biden’s aggressive Justice Dept – Civil Rights Division putting local police on notice. Here’s how
By: James Trusty
This article was originally published on FoxNews.com on May 16th, 2021. Department of Justice priorities obviously can change with new administrations, and history shows this with regularity. Attorney General Robert F. Kennedy was greatly concerned with the Mafia’s activities, and John Ashcroft wanted more obscenity and pornography prosecutions. Generally, the subject matter emphasis pops up and recedes, while the rank and file of DOJ continue prosecuting…
