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I am here today to surrender to an indictment that should never have been brought. It represents a crossing of the Rubicon for our country, implicating the fundamental First Amendment right to petition the government for redress of grievances. As troubling, it targets attorneys for their zealous advocacy on behalf of their clients, something attorneys are ethically bound to provide
The indictment in Georgia vs. Donald Trump and 18 others sets out activity that is political, but not criminal. It goes hand-in-glove with the recent effort to criminalize lawful political speech and legal advice, in stark violation of constitutional rights to Freedom of Speech, Right to Petition the Government for Redress of Grievances, and the Right to Counsel. Lawyers everywhere
Almost fifteen years ago, John Eastman defense counsel Harvey Silverglate predicted in the book Three Felonies a Day: How the Feds Target the Innocent that the ever expanding federal criminal code was liable to be misused for improper political purposes. This prediction finds its fulfillment in the current administration’s use of heretofore obscure federal statutes to indict its leading political opponent
Eugene Gorokhov is a partner Burnham & Gorokhov PLLC and is familiar with federal plea deals. His practice centers on federal criminal defense with a special focus on white collar matters. Eugene, good morning and welcome to morning rush. So how common is it that we see a plea deal like this, I mean, completely fall apart for
One common difficulty for defendants in criminal trials is fending off relevance objections from the government during cross-examination. If a judge is not aware of all elements of the defense strategy, the judge may erroneously sustain these objections because he or she simply doesn’t understand where the questioning is going. The point of the questions will be made clear in
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
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