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Dismissive of Dismissal
FEATURED
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…
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…
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…
A Tale of Two Courts
February 16, 2024
A Tale of Two Courts
By: James Trusty
Much has been made of the contemptuous and combustible combination of former President Trump and Manhattan Supreme Court Judge Arthur Engoran, the trial judge in the New York “fraud” case that imperils Trump’s ability to do business in New York. This week we got a glimpse into a different proceeding involving an extremely opinionated subject of an accusation—District Attorney Fanni Willis—presided over by Fulton County…
A Scandal’s Fine Print
January 19, 2024
A Scandal’s Fine Print
By: James Trusty
The recent filing of a motion for disqualification and for dismissal of the Georgia RICO case involving former President Trump is getting plenty of attention for its salacious details. And indeed, a District Attorney selecting an underqualified love-interest to serve as Special Prosecutor is newsworthy stuff, particularly with Mr. Wade filing for divorce just one day after his questionable appointment. But the real story—the precise…
ABA Updates Guidance on Witness Prep
December 29, 2023
ABA Updates Guidance on Witness Prep
By: Ifrah Law
Witness preparation is often a key part of preparing for trial. Counsel often engages in mock examinations and practice sessions to help a witness prepare for trial. Such preparation, however, runs the risk of making the witness sound insincere and coached. Sometimes, it may veer all the way into improper coaching of a witness. This system of witness preparation is relatively unique to the United…
No Need for Speed
December 14, 2023
No Need for Speed
By: James Trusty
In most U.S. District Courts, the trial date for a defendant who is not incarcerated is typically many months—and often easily over a year—from the time of his or her initial appearance after indictment. Many trials are resolved by plea agreements without ever having set a “real” trial date. There is lip service to the constitutional notion of a Speedy Trial, and the easily avoidable…
Human Trafficking Blindspot
November 27, 2023
Human Trafficking Blindspot
By: James Trusty
For many years now, state and federal prosecutors have become increasingly aware of the insidious nature of sexual and labor trafficking. Victimization is cultivated by strong, threatening, and cunning traffickers. Gangs have increasingly turned to sex trafficking as a source of illicit income with low visibility—a trade that does not “bring the heat” to the criminal enterprise in the same way that drug trafficking and…
