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The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
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July 29, 2025
The Referral was the Easy Part – Where does Gabbard’s Evidence Lead DOJ?
By: James Trusty
Americans are used to a considerable level of dirty tricks when it comes to politics. Occasionally, however, a legal line is crossed and a high-level official is either chased out of office, subjected to a criminal prosecution, or both. Ask Richard Nixon, Marvin Mandel, and Bob Menendez. Despite the predictable proclamation from prominent democrats that DNI Director Tulsi Gabbard’s referral is “old news” and “politically motivated,” in reality it is too early to characterize the newly discovered evidence as overwhelming or to call it mere hardball politics. If President Obama decided to completely flip intelligence conclusions about Russian (non) interference in the 2016 election and knowingly set the false information in motion to hobble the incoming president, then we could…
Baltimoronic Investigation
July 8, 2025
Baltimoronic Investigation
By: James Trusty
June 24, 2025, may mark the day that the criminal justice system for Baltimore, Maryland finally established its lunacy. If the allegations are correct, an employee of Pretrial Services committed what Maryland officials view as a cardinal sin—he or she let ICE know that there was an illegal alien coming to the office. Armed with that information, ICE showed up at the courthouse, was allowed…
Biden and DOJ’s Spiteful Ploy Boomerangs: How Politics Destroys Privilege
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…
Trouble in Paradise: White Lotus Character’s Legal Woes Illustrate Civil Forfeiture’s Overreach
April 14, 2025
Trouble in Paradise: White Lotus Character’s Legal Woes Illustrate Civil Forfeiture’s Overreach
By: Abbey Block
Last Sunday, millions of viewers tuned in to watch the season finale of White Lotus – a widely popular show that centers around the week-long vacation of several ultra-wealthy patrons of the fictional “White Lotus” resort in Thailand.[1] The show follows a dynamic cast of quirky characters as they navigate their opulent getaway. One of those characters in this most recent season was Timothy Ratliff…
Amending Arbitration Clauses – No Notice, Big Problem?
April 8, 2025
Amending Arbitration Clauses – No Notice, Big Problem?
By: Robert Ward
Many websites’ terms and conditions allow online service providers to make changes without providing prior notice to users. Often, the terms state that the user agrees to read the terms and conditions, and that continued use of the website constitutes acceptance of any modification. A recent Fourth Circuit decision highlights the potential risk that such unilateral change-in-terms provisions might pose to another common feature of…
Maryland Moving at a Misguided PACE
March 14, 2025
Maryland Moving at a Misguided PACE
By: James Trusty
Maryland legislature is considering passing a law ineptly called the Protecting the Admissibility of Creative Expression (“PACE Act”) which would limit the use of rap lyrics, among other forms of expression, in criminal and juvenile proceedings. While prosecution use of rap lyrics in criminal trials is a bit uncommon, the state house move here is in reaction to a 2020 murder case in which a…
My Brother’s Keeper
February 20, 2025
My Brother’s Keeper
By: Abbey Block
Am I my brother’s keeper? Or more specifically, can lawyers be sued for their clients’ bad behavior? A newly proposed bill out of Washington state says yes. The bill, HB 1891, provides the following legal framework, under which an attorney can be sued for injuries caused by his or her client who is released from detention pending trial: Any person injured by an individual who…
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…
