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Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
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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…
Tyson KO’s Indiana: How a Self-Described Junkie Found Nine New Friends in the Supreme Court
February 20, 2019
Tyson KO’s Indiana: How a Self-Described Junkie Found Nine New Friends in the Supreme Court
By: James Trusty
There’s a saying that many prosecutors know as an exhortation to “take the long view” and to use discretion even where the law seems to permit an aggressive approach—it’s that “bad facts make bad law.” In the case of Indiana prosecutors seeking to cash in on a car seizure from a low-level drug dealer, their failure to back-down from a harsh forfeiture unified the Supreme…
The Cliffhanger – Paul Manafort’s Sentencing Drama
February 14, 2019
The Cliffhanger – Paul Manafort’s Sentencing Drama
By: James Trusty
A hit man walks into a restaurant where Tony Soprano and his family are eating dinner while the jukebox blares a Journey song. The last show of the highly successful series ends with an abrupt cut to black before the audience knows the fate of Tony and his family. The end of The Sopranos series was both ominous and frustrating. In a federal criminal court,…
New York AG Puts Crypto Exchanges in the Crosshairs
December 28, 2018
New York AG Puts Crypto Exchanges in the Crosshairs
By: George Calhoun
Following on the heels of the SEC’s announcement of subpoenas to crypto exchanges and token issuers, yesterday New York Attorney General Eric Schneiderman announced “the Virtual Markets Integrity Initiative,” which he described as “a fact-finding inquiry into the policies and practices of platforms used by consumers to trade virtual or ‘crypto’ currencies like bitcoin and ether.” The first phase of the initiative appears to be…
How One Simple Meeting Presages the Future of Federal Prosecution
September 28, 2018
How One Simple Meeting Presages the Future of Federal Prosecution
By: James Trusty
For many years, it has been the federal government, with its multitude of prosecutorial and regulatory arms, that has been able to throw its policing weight around, causing business owners to snap to attention with a crisp salute. But as the traditional business model has morphed into clouds of technology-driven, international and multinational enterprises, this “cop” may have met his match. Amidst all of the…
National Media Turns to Jim Trusty for Authoritative Opinions on the Country’s Most Important Investigations and Prosecutions
September 24, 2018
National Media Turns to Jim Trusty for Authoritative Opinions on the Country’s Most Important Investigations and Prosecutions
By: Ifrah Law
Ifrah Law partner Jim Trusty has become a staple in the national news lately: he is frequently asked to comment on the many investigations and prosecutions currently going on which involve former and current officials and operatives at the highest levels of government. With over 28 years of experience as a federal prosecutor with the Department of Justice and deep knowledge of white collar criminal…
