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…

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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…

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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…

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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…

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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…

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DOJ, Department of Justice Releases 2025 Annual Report to Congress on Efforts to Combat Elder Fraud and Abuse Emily Bazelon & Rachel Poser, The Unraveling of the Justice Department Sixty attorneys describe a year of chaos and suspicion, NYTimes, Nov. 16, 2025 DOJ, Corporation and Former Chief Executive Officer Sentenced for Health Care Fraud and…

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ABA Criminal Justice Standards: Prosecution Function – Standard 3-1.6 Improper Bias Prohibited(a) . . . A prosecutor should not use other improper considerations, such as partisan or political or personal considerations, in exercising prosecutorial discretion. . . Standard 3-4.4 Discretion in Filing, Declining, Maintaining, and Dismissing Criminal Charges(b) In exercising discretion to file and maintain…

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My recent Essay, Prosecutorial Discretion Is Grounded in Law, 30 Berkeley Journal of Criminal Law 224 (2025), examines prosecutorial discretion noting that while prosecutors are entitled to significant discretionary authority, this discretion is not unlimited—prosecutors are not above the law. The fundamental challenge lies in distinguishing between lawful prosecutorial discretion and unlawful prosecutorial misconduct, both…

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Attorneys for James Comey previously filed a Motion on Vindictive and Selective Prosecution (see here). Looking at the defense motions, it looked like emails and texts may be strong evidence for the defense. The government has now responded with a long response, especially in comparison to their skimpy Indictment (see here). The response looks like…

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Check out this article by Courtney Andrews, Darryl Lew, Tami Stark & Olivia Hussey (White & Case LLP), SEC Chairman Announces Reforms to Wells Process and Settlement Procedures, in NYU’s Compliance & Enforcement. It offers an analysis of Chairman Paul S. Atkins’ October 7, 2025 U.S. Securities and Exchange Commission’s announcement of “procedural reforms aimed…

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