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DOJ Memo Sneaks In Seismic Changes

DOJ Memo Sneaks In Seismic Changes

January 31, 2025

DOJ Memo Sneaks In Seismic Changes

By: James Trusty

Amidst the tidal wave of Executive Orders, presidential appointments, and policy announcements, it is easy to treat last week’s Interim Policy Memo from the Acting Deputy Attorney General[1] as just another ripple of nominal change that occurs when democrats replace republicans or republicans replace democrats. And, indeed, although there are portions of it that reflect the recurring philosophical tug-of-war over the tough on crime approach first memorialized by Attorney General Thornburgh in 1989, it would be a serious oversight to miss the Memo’s dramatic departure from status quo and even from the first Trump administration’s view of federal prosecutor responsibilities. The heart of the memo is immigration enforcement. The Memo emphasizes the need for DOJ and the Department of Homeland…

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Virtual Reality Creating Jury Reality

January 7, 2025

Virtual Reality Creating Jury Reality

By: James Trusty

A Florida Judge may have unwittingly ushered in a new age of criminal justice, where slickly made virtual reality (“VR”) presentations turn judges and jurors into witnesses, and VR headsets provide subjective “testimony” in a powerful and difficult to challenge manner. Broward County Judge Andrew Siegel agreed to don a virtual reality headset in a preliminary proceeding[1] where the defendant was accused of aggravated assault….

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How Thick is the Blanket? – Preemptive Pardons as a Presidential Power

December 6, 2024

How Thick is the Blanket? – Preemptive Pardons as a Presidential Power

By: James Trusty

As the presiding judge scolded Hunter Biden’s attorneys this week, “The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States, U.S. Const. art. II, § 2, cl. 1, but nowhere does the Constitution give the President the authority to rewrite history.”[1]  But what exactly is that history he claims is being re-written? Judge Scarsi was challenging…

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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…

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Was FTX Collapse as Bad as Enron? In sentencing SBF, Judge Kaplan Says Yes

April 1, 2024

Was FTX Collapse as Bad as Enron? In sentencing SBF, Judge Kaplan Says Yes

By: Jeffrey Hamlin

On Thursday, March 28, 2024, 32-year old Sam Bankman-Fried was sentenced to 25 years in prison for his role in one of the largest financial frauds in U.S. history—a fraud perpetrated through two cryptocurrency entities he founded—FTX and Alameda Research. In late-2023, a jury convicted him on various conspiracy and substantive counts for wire fraud on FTX’s customers, securities fraud on FTX’s customers and investors,…

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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…

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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…

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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…

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