By Jaime Rosenberg The House Select Committee investigating the January 6th riot has asked 35 telecommunications and social media companies to preserve phone records and other information belonging to members of Congress, former President Donald Trump, and members of...
By Andrea L. Moseley Author and instructor at Harvard University, Carmine Gallo, aptly observed that the art of persuasion has not changed in 2,000 years. Understanding these principles and how to apply them is critical in our practice of defending individuals and...
By Sara Kropf Regular readers of this blog (hi Mom!) know that I enjoy it when a court disagrees with the Department of Justice. After all, DOJ usually wins. A federal judge recently told DOJ that it cannot hire a private company (Deloitte) to help process voluminous...
By Sara Kropf As a general matter, there’s no love lost between prosecutors and defense lawyers. But in one very important way, defense lawyers place an incredible amount of trust in prosecutors. When I say there’s no love lost, I don’t mean on a personal level; I’m...
By Sara Kropf In the last post, I explored whether bad-actor prosecutors and agents can avoid creating Brady material in interview memos. If an agent doesn’t take notes documenting exculpatory statements made by a witness in a criminal investigation, and those...
By Andrea L. Moseley Inspector General Hannibal "Mike" Ware sent a Spring message that we can hear loud and clear. The Small Business Association's (SBA's) tremendous role in the nation's pandemic response was "without precedent" according to the SBA's Semiannual...
By Sara Kropf I’ve written before about the serious problem of prosecutors not disclosing Brady material to a defendant. (See here and here. Oh, and here too.) Failure to turn over exculpatory evidence is a serious constitutional violation. It’s also incredibly...
By Sara Kropf According to media reports this week, the Manhattan District Attorney’s Office “has convened the grand jury that is expected to decide whether to indict former president Donald Trump, other executives at his company or the business itself, should...
By Sara Kropf Too many prosecutors think the solution to our broken criminal justice system is more punishment. If you don’t believe me, take a look at the recent article by a 27-year veteran of the Department of Justice in The Atlantic. Paul Pelletier’s big-picture...
By Sara Kropf I was sitting in a proffer a few days ago when they were asking my client about emails sent a few years ago. It occurred to me that prosecutors have a truly peculiar view of email. That's not a big deal until you realize that they use their oddball...