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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 the
Continue Reading Who Has Access to Your Data: House Select Committee Investigation Raises Privacy Concerns

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
Continue Reading Court Says DOJ Cannot Use Private Contractors to Assist with Criminal Discovery But Is This Bad for Defendants?

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
Continue Reading Can Prosecutors Avoid Creating Brady Material in FBI-302 Interview Memos? DOJ Guidance Is Not Enough (Part 2)

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
Continue Reading Can Prosecutors Avoid Creating Brady Material in FBI-302 Interview Memos? Yes, They Can (Part 1)