Facade of the United States Suprement Court in Washington, DC

Supremely Improbable

Supremely Improbable

July 30, 2024

Supremely Improbable

By: James Trusty

President Biden’s pronounced objectives for Supreme Court “reform” are improbable, politically lifeless under a particularly lame duck presidency, and motivated by transparently November-driven calculations. But even if the proposed changes are doomed from the start, they push public discourse on a couple of issues that are red meat for the democrats. The stated reforms are superficially simple ones: 1) to “clarify” that “there is no immunity for crimes a former president committed while in office,” 2) to limit SCOTUS appointments to 18-year terms, and 3) to create a mandatory/enforceable ethics code on the high court. Some context for this agenda is in order. The “clarification” push flows directly, albeit inaccurately, from the recent immunity decision in Trump v. United States….

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Presidential Immunity Ruling Stirs Sound and Fury

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…

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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…

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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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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…

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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…

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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…

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Articles and Presentations by Our Firm Attorneys

Prosecutor Fired for Lying on Facebook to Witnesses in Murder Case

Prosecutor Fired for Lying on Facebook to Witnesses in Murder Case
By: Jeffrey Hamlin

Kansas Juror Found in Contempt for Online Comments During Trial

Kansas Juror Found in Contempt for Online Comments During Trial
By: Jeffrey Hamlin

What Happens When Big Data and Scientific Approach Meet Criminal Justice?

What Happens When Big Data and Scientific Approach Meet Criminal Justice?
By: Jeff Ifrah

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