Category Archives: Brady violations

The Department of Justice Should Drop the Inauguration Day Protest Cases

Posted on June 11, 2018 by

The Department of Justice has been humiliated in its misguided prosecution of over two hundred Inauguration Day protestors. It has lost every single case to go to trial. It has engaged in intentional violations of the rules. And it has … Continue reading →

Posted in Acquittal After Jury Trial, Brady violations, Discovery/Brady, DOJ policy and practice, First Amendment | Tagged | 1 Comment

Doing the Government’s Laundry

Posted on April 23, 2018 by

By Dan Portnov In certain legal (nerd) circles, coining a phrase or term of art is one of the surest ways to achieve immortality – think Tim Wu’s first use of “network neutrality” in a 2003 journal article or Justice … Continue reading →

Posted in Brady violations, Criminal Investigation, Deferred Prosecution Agreement, Discovery/Brady, DOJ policy and practice, Securities fraud | Leave a comment

The Government Keeps Trying to Erase Its Wrongdoing

Posted on January 22, 2018 by

A few months ago, I wrote about the successful effort by a U.S. Attorney’s Office to convince the First Circuit to remove the name of a prosecutor involved in a case about Brady violations. Now, in a case in Philadelphia, … Continue reading →

Posted in Brady violations, Dismissal of charges in indictment, Fourth Amendment, Policy issues | Leave a comment

Should a Court Erase a Prosecutor’s Name from an Opinion about Brady Violations?

Posted on October 17, 2017 by

I was perusing recent opinions from the courts of appeal for possible blog post ideas when I came across an odd-looking errata sheet. Here’s an excerpt: That’s odd, I thought. I took a look at the original opinion in the … Continue reading →

Posted in Appeal, Brady violations, Discovery/Brady, Prosecutorial misconduct | 1 Comment