Project 2025's (here) Presidential Transition Project, a Report coming from the Heritage Foundation, is a disappointing work that is surprisingly coming from an organization that spent time in its past to do reports on topics such as Overcriminalization,
White Collar Crime Prof Blog
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Menendez Case Brings Back Memories of Computer Associates Prosecution
An interesting article in the New York Times this weekend about the Senator Menendez prosecution brought back memories of an earlier example of the aggressive use of obstruction of justice by the DOJ. According to this weekend’s article entitled How…
Supreme Court – Analysis of the Past Week – It is Sad – Wake Up
By Ellen Podgor
This has been a sad week to watch the Supreme Court significantly change the course of democracy in the United States. They have gutted agency powers. They have tried to increase power of the judiciary – that is, non-agency tribunals. …
# 3 Trump v. U.S. – Dissenting Opinions – It’s Over
By Ellen Podgor
Looking at the dissents:Justice Sotomayor (joined by Justices Kagan and Jackson)
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# 2- Trump v. U.S – Concurring Opinions
By Ellen Podgor
Looking at the Concurring Opinions -
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# 1 – Trump v. U.S. – Majority – Kicks the Can Down the Road
By Ellen Podgor
The Supreme Court issued its opinion in Trump v. United States (here) the long-awaited decision on whether a U.S. President has immunity and what any immunity might cover. Let us not forget that this case comes to the…
Garland on the Fischer Case
By Ellen Podgor
DOJ Press Release here on the Fischer case. AG Garland states in part -"The vast majority of the more than 1,400 defendants charged for their illegal actions on January 6 will not be affected by this decision. There are no…
Fischer – “Who Could Blame Congress for that Failure of Imagination”
By Ellen Podgor
The Fischer case (here) is likely to be a note case in casebooks, as opposed to a main case as many (including myself) predicted. The Court engages in a fairly straightforward statutory interpretation analysis with the word "otherwise"…
Fischer v. United States
By Ellen Podgor
Here. Commentary to follow. (esp)
S.Ct. Gives Trial Advocacy a Boost With SEC Decision
By Ellen Podgor
The Supreme Court's 6-3 opinion today in S.E.C. v. Jarkesy moves power from an administrative agency to the courts. The question as seen by the six person majority is: "This case poses a straightforward question: whether the Seventh Amendment…