Category Archives: Grand jury

The Risk for President Trump (and Anyone Else) If He Answers Written Questions from a Prosecutor

Last week, news hit that Donald Trump had received written questions from Special Counsel Robert Mueller. More interesting, President Trump asserted he answered them “very easily.” Here’s what he said during the interview: I write the answers. My lawyers don’t … Continue reading

Posted in Criminal Investigation, False statements, Fifth Amendment, Grand jury, Perjury | Tagged | 1 Comment

The Government Is Probably Going to Win on the Michael Cohen TRO Motion

The government filed its opposition to Michael Cohen’s motion for a temporary restraining order today. I wrote earlier this week about the search warrant and noted that there would be a court battle coming. Well, here it is. Oddly, the … Continue reading

Posted in Attorney client privilege, FBI policy and practice, Fourth Amendment, Grand jury, Search warrant | Leave a comment

Hell Hath No Fury Like a Misled Judge: The Aaron Schock Case

Elected officials under government investigation try to avoid indictment like any other white-collar client. They know that if charged with a crime, it will be nearly impossible to win re-election. Once indicted, though, they fight back, and fight back hard. … Continue reading

Posted in Grand jury, Prosecutorial misconduct, Public Corruption | Tagged | Leave a comment

Fight the Power, Part II: The Sheldon Silver Case

In Part I of this series, I pointed out that DOJ uses the media as a tool to punish defendants. It publicizes indictments, without equally publicizing acquittals and dismissals. This post is the second in a series exploring how defense … Continue reading

Posted in Dismissal of charges in indictment, DOJ policy and practice, DOJ Statements, Ethics, Grand jury, Prosecutorial misconduct, Public Corruption | 1 Comment

What Is Grand Jury Secrecy?

Public access to criminal trials is a fundamental principle of our justice system. As the Supreme Court articulated in 1980: [Supreme Court precedent] recognized that open trials are bulwarks of our free and democratic government: public access to court proceedings … Continue reading

Posted in Grand jury | 1 Comment