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Recent Posts
- Is DOJ Stuck With Its Positions in the “Updated” Roger Stone Sentencing Memo?
- Why Do Prosecutors Consistently Get the Benefit of the Doubt on Intent for Brady Violations?
- Did the Fourth Circuit Just Outlaw Taint Teams? Nope, But It Threw Up Some Roadblocks
- Another Insider Trading Court Decision: Making Life Easier for the Government
- Year End Review: Big Firm News and the 5 Most Popular Posts in 2019 (Yours and Ours)
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Category Archives: DOJ policy and practice
Should DOJ Indict President Trump But Seal the Indictment?
Given the position of the Office of Legal Counsel that a sitting president cannot be prosecuted, there has been some talk (including by me) about the possibility of indicting President Trump now but keeping the indictment under seal until he … Continue reading
Outsourcing DOJ Investigations?
By Dan Portnov Last week, the government moved one tiny step closer to being able to “outsource” its criminal investigations to non-DOJ actors. In a post-trial order, Southern District of New York Chief Judge Colleen McMahon excoriated the government for … Continue reading
Roger Stone’s Early-Morning Arrest: Stop the Perp Walk
If you read my Twitter feed, you may know that I am a bit left of center when it comes to politics. Ok, I’m a lot left of center. But, like so many criminal defense lawyers, I don’t judge my … Continue reading
Government Contractors Conducting Investigations: A New Normal?
By Dan Portnov Here in DC, government contractors are everywhere and vital to keeping nearly all federal agencies running. Absent an Edward Snowden-level scandal, the integration of contractors and their day-to-day work in government offices largely goes unnoticed (and underappreciated). … Continue reading
Prosecutors Sure Do Love the Perp Walk
By Sara Kropf I recently listened to Preet Bharara’s podcast on a long car ride. He’s the former United States Attorney for the Southern District of New York. After months of conducting interviews of government-side subjects—prosecutors, FBI agents and the … Continue reading
Surviving Parallel Proceedings
By Dan Portnov Late last week the other shoe finally dropped for Theranos founder and ex-CEO Elizabeth Holmes, as she and fellow executive Ramesh “Sunny” Balwani were indicted on charges of wire fraud and conspiracy to commit wire fraud. Following … Continue reading
The Department of Justice Should Drop the Inauguration Day Protest Cases
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
Doing the Government’s Laundry
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
The Search Warrant for Lawyer Michael Cohen’s Office – How Did That Happen? DOJ Policies Reviewed
On April 9, 2018, news broke that the FBI had raided the office of President Trump’s attorney, Michael Cohen. Apparently the search was the result of referral from Special Counsel Mueller’s team to the SDNY U.S. Attorney’s Office. When I … Continue reading
Posted in DOJ policy and practice, Public Corruption, Search warrant
Tagged Russia investigation
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David Ganek’s Valiant Effort to “Fight the Power” Fizzles—Where’s the Remedy When Law Enforcement Lies?
I’ve written several times before about hedge fund owner David Ganek’s groundbreaking lawsuit against federal agents and prosecutors in New York. See my posts here and here. As I described the case: The plaintiff is David Ganek, the former head … Continue reading
Posted in Appeal, civil case, DOJ policy and practice, Search warrant
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