By Sara Kropf A few weeks ago, I suggested that there were four options for Judge Emmet Sullivan related to the government's motion to dismiss the charges against Michael Flynn. At the end of the post, a little tongue in cheek, I noted that “[m]aybe, in his wisdom,...
Judge Sullivan Has Four Options for the Motion to Dismiss the Michael Flynn Charges – Which Is the Best One?
By Sara Kropf On May 7, 2020, the Department of Justice moved to dismiss the false statement charge against former Trump national security advisor Michael Flynn. This is a remarkable request for a couple of reasons. First, Flynn had already pleaded guilty to the...
Is DOJ Stuck With Its Positions in the “Updated” Roger Stone Sentencing Memo?
By Sara Kropf The Department of Justice’s “supplemental and amended” sentencing memorandum in the Roger Stone criminal case is nothing short of extraordinary. You can find a copy of the updated Stone memo here. Lots of commentators have hit the high points about this...
Should DOJ Indict President Trump But Seal the Indictment?
By: Sara Kropf Given the position of the Office of Legal Counsel that a sitting president cannot be prosecuted, there has been some talk (including by me) about the possibility of indicting President Trump now but keeping the indictment under seal until he is no...
Does the Statute of Limitations Prevent Indicting President Trump After He Leaves Office?
By: Sara Kropf The Report on the Investigation into Russian Interference in the 2016 Presidential Election (a/k/a the Mueller Report), is a veritable treasure trove of obstruction-of-justice efforts by the President. We’ve written before about obstruction of justice,...
Decisions, Decisions: What Are the Potential Criminal Violations If President Trump Encouraged Michael Cohen to Lie to Congress?
By: Sara Kropf On January 17, 2019, BuzzFeed reported that “President Donald Trump directed his longtime attorney Michael Cohen to lie to Congress about negotiations to build a Trump Tower in Moscow, according to two federal law enforcement officials involved in an...
10 Quick Takes on Michael Cohen’s Recent Plea Agreement – And What Cohen and Roger Clemens Have in Common
By: Sara Kropf Remember when everyone was talking about whether now-Justice Brett Kavanaugh was lying to Congress when he seemed a bit less-than-candid about his drinking in high school? Seems like a million years ago. Anyway, it turns out that lying to Congress is a...
The Risk for President Trump (and Anyone Else) If He Answers Written Questions from a Prosecutor
By: Sara Kropf Last week, news hit that Donald Trump had received written questions from Special Counsel Robert Mueller. More interesting, President Trump asserted he answered them “very easily.” Here’s what he said during the interview: I write the answers. My...
The Search Warrant for Lawyer Michael Cohen’s Office – How Did That Happen? DOJ Policies Reviewed
By: Sara Kropf On April 9, 2018, news broke that the FBI had raided the office of President Trump’s attorney, Michael Cohen. Apparently the search was the result of referral from Special Counsel Mueller’s team to the SDNY U.S. Attorney's Office. When I saw the news,...
How Do You Find Out Why the Government Obtained a Search Warrant?
By: Sara Kropf Paul Manafort recently filed a motion to compel the production of the affidavits used to support the Special Counsel’s search warrants in his case. To someone unfamiliar with criminal law, that may seem odd. The defendant must know why the government...