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Presidential Immunity Ruling Stirs Sound and Fury
FEATURED
July 5, 2024
Presidential Immunity Ruling Stirs Sound and Fury
By: James Trusty
The immediate and eventual impact of the Supreme Court’s immunity decision in Trump v. United States is both considerable and dramatically misrepresented. The initial consequences include likely delay to the January 6 prosecution out of D.C. and the setting of hearings—in D.C., Georgia and south Florida—where the judges will be required to make factual findings as to whether the evidence supporting the indictments reflect “official acts” of a president, “unofficial acts” of a personal nature, or “official acts” relating to the president’s core constitutional responsibilities. In D.C., Judge Chutkan sided with Special Counsel Jack Smith in pushing for a comparatively expedited trial date based upon a nebulous “speedy trial” right of the public to see a leading presidential candidate tried…
The Challenging Terrain of White-Collar Sentencing
June 3, 2024
The Challenging Terrain of White-Collar Sentencing
By: James Trusty
Federal judges are required to balance a number of factors whenever imposing sentence, including specifically enumerated areas that largely stem from the broader philosophical categories of General Deterrence, Specific Deterrence, Retribution/Punishment, Restitution and Victim Impact, and Rehabilitation. In determining the presumptively reasonable range of potential sentences, federal practitioners consult their always-handy U.S. Sentencing Guidelines, which create a sentencing range grid based upon the offense characteristics…
Punishing the Parent – Should the Parents of a School Shooter Be Criminally Liable for their Parental Failures?
April 16, 2024
Punishing the Parent – Should the Parents of a School Shooter Be Criminally Liable for their Parental Failures?
By: Abbey Block
Can being a bad parent make you a criminal? A jury in Michigan recently answered yes in the case of Jennifer and James Crumbley – the parents of high school mass shooter, Ethan Crumbley. Although neither Mr. nor Mrs. Crumbley fired a single shot during the school shooting that killed four students (and injured six other people), last week they were each sentenced to ten…
ABA Updates Guidance on Witness Prep
December 29, 2023
ABA Updates Guidance on Witness Prep
By: George Calhoun
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…
Equal Justice as Another Casualty of War
November 9, 2023
Equal Justice as Another Casualty of War
By: James Trusty
While many Americans properly focus on the carnage and chaos of two wars, there is also a more subtle war being waged by progressive mayors—and others in high positions—on fundamentally important notions like Rule of Law and Equal Justice. Last weekend over 100,000 protesters descended upon Washington, D.C. to chant and vandalize as a bewildering show of support for Hamas, an entity that demonstrates its…
Reading the Plea Leaves
October 25, 2023
Reading the Plea Leaves
By: James Trusty
Are guilty pleas in Fulton County confirming the righteousness of Fani Willis’ RICO prosecution or do they reflect an inherent frailty of the case, even in a venue where jurors largely can be expected to instinctively support a prosecution of high-profile Republicans? A close look at the recent plea agreements suggests that prosecutorial victory laps are premature. While the indictment itself has joined the ranks…
