Category: Weblogs

Previously reported here, is the NACDL creation of a DOJ Tracker. Now online, is the Year One Report of this Tracker. The Report focuses on two observations and the first is particularly interesting – “the lack of consistency and transparency in the reporting of “no true bills” issued by grand juries.” There is a logical…

On April 7, 2026, Acting Attorney General Todd Blanche (note the DOJ website as of this morning still has Pamela Bondi as AG – update showing on 4/13/26) issued a Memorandum (here) that creates the National Fraud Enforcement Division (NFED). This division is to provide a centralized body for the investigation and prosecution of fraud…

A by-the-book Republican who served nonpolitically as the director of the FBI. His extraordinary work on protection of national security following 9-11 will be remembered. The Mueller Report, a public Report, told us all of the Russian Interference in the 2016 election. When called to serve – he did. Whether it be to fight in…

Guest Blogger – Kaleb Byars On March 10, 2026, the DOJ issued its Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (the “Policy”).  According to a press release issued the same day, the Policy supersedes all previously-existing component-specific self-disclosure policies (except those relating to antitrust).  Among other things, the Policy is designed to promote voluntary self-disclosure of corporate criminal conduct…

My new draft article, “Smart Crime” can be found here – As AI grows increasingly sophisticated and autonomous, the absence of a dedicated criminal law framework mirrors the early struggles with computer crimes, when shoehorning misconduct into existing statutes like wire fraud and espionage were ineffective. This Article demonstrates the inadequacy of existing law to…

Professor Ira Robbins, in his Essay, Against an AI Privilege “argues that—at least under current technological, social, and institutional conditions—any such privilege would be premature, unworkable, and inconsistent with the historically rooted approach to evidentiary privileges.” This approach is seen in Hon. Jed Rakoff’s Memorandum in U.S. v. Heppner that rejects the attorney-client and work…

NACDL states here: “In response to significant shifts in federal criminal enforcement that depart from historical prosecutorial practices, NACDL has launched a Criminal Case Tracker to monitor and analyze select federal prosecutions that reflect unusual or aggressive uses of criminal law. ‘Unusual’ refers to charging decisions, enforcement theories, or prosecutorial tactics that mark a departure…

The U.S. District Court for the District of Columbia held – “When the Government violates the Fourth Amendment’s prohibition on unreasonable searches and seizures by sweeping up a broad swath of a person’s electronic files, retaining those files long after the relevant investigation has ended, and later sifting through those files without a warrant to…

The old saying that “a grand jury would indict a ham sandwich” is true – a motivated prosecutor can usually get a grand jury to indict pretty much anyone. In a grand jury a prosecutor can present hearsay evidence, uncorroborated testimony, and a single law enforcement officer to speak the entire case to the jurors…

Despite a “not guilty” following a trial, Roger Clemens did not make the Hall of Fame today. He had been charged with perjury, making false statements, and obstruction of Justice. Despite a “not guilty” finding of multiple counts at trial, and a reversal on appeal of the one remaining count of obstruction of justice, Barry…