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The January 6 Committee has been a political and public-relations bust. This is why, on its way out the door, the Committee is desperately trying to make a splash with criminal referrals it was obvious from the very start its members were going to make in an effort to try to destroy their conservative political opponents. The Committee was a
A criminal “referral” from a congressional committee is not binding on the Department of Justice and carries no more legal weight than a “referral” from any American citizen. In fact, a “referral” from the January 6th committee should carry a great deal less weight due to the absurdly partisan nature of the process that produced it. At its inception, the
The mantra of the Department of Justice has long been that the confidentiality of ongoing criminal investigations is sacrosanct. Today we learn that the Department has inexplicably requested a federal judge to unseal proceedings, right on the eve of a heavily hyped January 6 Committee meeting on Monday and final report release on Wednesday of next week, where the proceedings are
On Tuesday, October 11, 2022, the Court of Appeals for the District of Columbia Circuit, decided United States v. Curtis Jenkins, limiting the available rationale for compassionate release under the First Step Act (FSA). The court found that compassionate release was not available where substantial changes in the law radically reduced the sentence a defendant would face if he had
Mr. Meek is unaware of what allegations anonymous sources are making about his possession of classified documents. If such documents exist, as claimed, this would be within the scope of Mr. Meek’s long career as an investigative journalist covering government wrongdoing. Press inquiries on this issue are troubling for a different reason: they appear to be based on statements from
After careful consideration, we have filed a notice on behalf of our client, former Assistant Attorney General Jeffrey Clark, to “remove” (transfer) his 2020 presidential election-related case currently pending before the DC Board of Professional Responsibility to the US District Court for the District of Columbia. Mr. Clark is in front of the DC Bar’s Board because the head of
Last week, the government asked for—and the Fourth Circuit granted—a voluntary remand in United States v. Scott, No. 21-4532 (4th Cir. Sep. 23, 2022). Ten years ago, Mr. Scott was tried and convicted on multiple counts and sentenced to 100 years imprisonment. His sentence was so long because he was convicted of four firearm offenses under 18 U.S.C. § 924(c). This
The purpose of what lawyers refer to as a “privilege log” is specifically to identify claims of privilege while avoiding disclosing the substance of client materials to the prying eyes of those who, like the January 6 committee, seek to undermine the attorney-client relationship. Judge Carter found Dr. Eastman’s privilege logs perfectly adequate to dismiss a majority of the January
The Biden Administration has announced that it will take tough measures against those accused of PPP fraud. President Biden announced a plan to name a Chief for Pandemic Relief Fraud, and called on Congress to provide enhanced resources and penalties. More recently, the DOJ announced that it has established a COVID 19 Strike Force to investigate and prosecute cases of
If you haven’t paid attention to Second Amendment law for the past fifteen years or so here is a quick summary: In 2008 the Supreme Court said the Second Amendment gives citizens a personal right to keep firearms in the home for self defense (even when unconnected to militia service) and in 2022 the Court in New York State Rifle
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