How the Right to Trial Became a Legal Fiction
Half a century after approving coercive plea bargaining, the Supreme Court is beginning to recognize its costs.
Prosecutors
A Trump-Appointed Judge Quashes a Subpoena Aimed at Validating the President's Stolen-Election Fantasy
The decision rebukes the DOJ for demanding "private and sensitive" information about Georgia election workers "with no legitimate law enforcement purpose."
Neil Gorsuch Urges Supreme Court To Correct 2 Wrong Turns That Undermined Civil Liberties
The justice criticizes the Court’s endorsement of coercive plea bargaining and its embrace of dubious Fourth Amendment doctrines.
DOJ Case Against Minneapolis Antifa Groups Has Concerning First Amendment Implications
"This indictment appears to be going way overboard, using a sledgehammer to address what might have been some infractions."
A Supreme Court Decision Restricting Appeal Waivers Underlines the Injustice of Coercive Plea Bargaining
The Supreme Court ruled that "an agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice."
Trump Loves Accusing Critics of Treason. U.S. Law Makes That Charge Hard To Prove—for Good Reason.
The president’s habitual attempts to criminalize dissent hark back to tyrants of yore.
Rejected Search Warrant Applications Raise Further Questions About the Federal Case Against Don Lemon
After a magistrate judge said a DHS investigator had failed to establish probable cause, the government decided it did not need the YouTube and iPhone records after all.
The Other Vindictive Part of Kilmar Abrego Garcia's Case
A judge last week threw out a criminal indictment against him on the grounds that it was tainted by vindictiveness. But that same spirit infects another part of his story that few people have discussed.
A State Assault Case Against an ICE Agent Could Illustrate the Limits of Supremacy Clause Immunity
That defense applies only when an officer "reasonably" believed he was acting within his federal authority.
Whatever Evidence the DOJ Has Against James Comey, It Cannot Transform '86 47' Into a Death Threat
Acting Attorney General Todd Blanche implausibly claims prosecutors can prove Comey "knowingly and willfully" threatened to murder the president.
Trump's Responses to Kimmel and Comey Highlight His Contempt for Freedom of Speech
The president is not shy about using government power to punish people for saying things that offend him.
Why the Courts Will 86 the Flagrantly Unconstitutional Charges Against James Comey
The case defies more than half a century of rulings on the “true threat” exception to the First Amendment.
The James Comey Indictment Looks Like Vindictive Prosecution
Such claims are hard for most defendants to prove. But most defendants haven't drawn the public ire of the president.
By Dropping Her Criminal Probe of Jerome Powell, Jeanine Pirro Confirms Its Political Motivation
Even Republican critics of the Federal Reserve chairman's performance rejected the notion that he had broken the law by lying about the renovation of the central bank's headquarters.
ICE Is Determined To Unmask a Reddit User Whose Only Crime Seems To Be Criticizing ICE
After withdrawing a summons in the face of a legal challenge, the government is seeking a grand jury subpoena.
Arresting a Reporter for Asking Questions Was a 'Blatant First Amendment Violation,' Sonia Sotomayor Says
The justice dissented from the Supreme Court's denial of a petition from a Texas journalist who was charged with felonies for practicing journalism.
The DOJ Wants To Drop Charges Against 2 Cops Who Played a Crucial Role in Breonna Taylor's Death
But for a fraudulent and misleading warrant affidavit, Taylor would not have been killed during a fruitless late-night drug raid.
Trump's Blatantly Unconstitutional Attempt To Punish His Congressional Critics Hits 2 Roadblocks
A grand jury and a federal judge rejected the president’s vendetta against legislators who produced a video about the duty to refuse unlawful military orders.
Department of Homeland Security
Prosecutors Admit the DHS Account of an ICE Shooting Was Based on Lies
The department's pattern of dishonesty supports a presumption of irregularity.
A Federal Judge Explains Why Trump Can't Jail Legislators for Producing a Video That Offended Him
U.S. District Judge Richard Leon notes that Sen. Mark Kelly's comments about unlawful military orders were "unquestionably protected" by the First Amendment.
Kristi Noem's Response to ICE Killings in Minnesota Exposes Conservatives' Double Standard on Gun Rights
The Second Amendment protects your right to carry a gun at a protest.
A Grand Jury Rejects Trump's Attempt To Prosecute 6 Legislators for Saying Something He Did Not Like
The president was offended by a video reminding military personnel of their duty to disobey unlawful orders.
Don Lemon May Be a Hack, but That Does Not Make Him a Felon
The federal case against the former CNN anchor hinges on conduct that can plausibly be viewed as part of a journalist's work, combined with the obvious partiality of that work.
Don Lemon's Arrest Looks Like an Assault on Freedom of the Press
A federal indictment accuses him and another journalist of conspiring with protesters who disrupted a St. Paul church service.
If 'You Bring a Gun' to D.C., U.S. Attorney Jeanine Pirro Warns, 'You're Going to Jail'
The prosecutor's threat renewed concerns about the Trump administration's commitment to protecting Second Amendment rights.
Cop-Assisted Extortion of DWI Arrestees in New Mexico Included Getting Them Drunk
A recent guilty plea reveals a new wrinkle in a long-running corruption scheme that involved bribing police officers to make drunk driving cases disappear.
Uvalde Cop's Acquittal Shows Why It's Hard To Criminalize Failing To Stop a Mass Shooting
A Texas jury found Adrian Gonzales not guilty of endangering children by failing to confront the gunman at Robb Elementary School.
A Trump-Appointed Federal Judge Orders Lindsey Halligan To Stop 'Masquerading' As a U.S. Attorney
The lawyer, who delivered the grudge-driven indictments that the president demanded, refused to relinquish her job after another judge ruled that her appointment was illegal.
Renee Good Was a Casualty of Trump's Order Against 'Political Violence'
The administration's written policies make it likely that more people like Renee Good will be targets, and victims, of ICE.
The FBI Thinks Renee Good's Anti-ICE Activism Is Relevant in Deciding Whether Killing Her Was Justified
It is hard to see how, since that question hinges on what happened the morning that an ICE agent shot her.
The 'Law Enforcement' Rationale for Invading Venezuela Is an Open-Ended License for War
If an indictment is enough to justify military action, why bother seeking congressional approval?
A School District Cop Allegedly Did Nothing To Stop the Uvalde Mass Shooting. Was That Failure a Crime?
Adrian Gonzales is on trial for acts of "omission" that prosecutors say amounted to 29 felony counts of child endangerment.
The DOJ Thinks Cocaine Couriers Are Not Worth Prosecuting. Trump Thinks They Deserve To Die.
Even as the president blows up drug boats, the government routinely declines to pursue charges against smugglers nabbed by the Coast Guard.
Another New Mexico Cop Lauded for Nabbing Drunk Drivers Admits Taking Bribes To Let Them Off the Hook
A guilty plea by a retired Albuquerque officer who served in law enforcement for more than 30 years illustrates the extent of the biggest police scandal in the state's history.
He's Serving 5 Years in Prison for Bitcoin Privacy Software
Keonne Rodriguez explains why he built a bitcoin privacy tool, discusses the federal charges that sent him to prison this week, and warns that his case could redefine the legal boundaries of financial privacy.
A Texas News Vlogger Asks SCOTUS To Decide Whether Criminalizing Journalism Is 'Obviously Unconstitutional'
This is Priscilla Villarreal’s second trip to the Supreme Court, which last year revived her First Amendment lawsuit.
2 Grand Juries Have Rejected the Grudge-Driven Case Against Trump Foe Letitia James
The back-to-back setbacks are a striking sign that the mortgage fraud charges against New York's attorney general are legally shaky.
New Legal Trouble for a Father Still Mourning His Son
Months after his 7-year-old was struck and killed, prosecutors are still treating a tragedy as a crime—holding a bereaved father under surveillance and keeping the grieving family apart.
Trump Tries To Cut Congress Out of U.S. Attorney Appointments
The 3rd Circuit’s ruling against Alina Habba highlights a disturbing pattern of legal evasion.
Federal Judge Dismisses Comey and James Indictments, Saying Trump's U.S. Attorney Appointment Was Illegal
The charges were dismissed without prejudice, so the Justice Department can try again.
New Jersey Becomes First State To Bar 'Shaken Baby Syndrome' Testimony at Trial
Dozens of "shaken baby syndrome" convictions have been overturned over the years, but until now, no state court system has limited its use in criminal prosecutions.
A Rookie Procedural Mistake by James Comey's Prosecutor Could Doom the Case Against Him
Interim U.S. Attorney Lindsey Halligan concedes that the grand jury never saw the "edited" version of the indictment.
Misconduct in the James Comey Case Stemmed From a Reckless Rush To Indict Him
A magistrate judge says the government’s missteps may warrant dismissal of the charges against the former FBI director.
Trump Pardons Mountain Runner Michelino Sunseri, Who Was Prosecuted for Using an Unapproved Trail
The decision is consistent with the president's avowed concerns about "overcriminalization in federal regulations."
Trump Vowed To Stop Crypto Crackdowns. Samourai Wallet Proves He Hasn't.
If fairness in the justice system depends on wealth or political value, we’ve missed the point of justice entirely.
D.C. Jury Acquits 'Sandwich Guy' of Assaulting Federal Agent
A jury found Sean Dunn, who went viral in August for throwing a Subway sandwich at a Border Patrol officer, not guilty.
Federal Prosecutors Flesh Out Their Case Against James Comey. It Still Looks Shaky.
The government posits that the former FBI director tried to conceal his interactions with a friend who was publicly described as "a longtime confidant" and an "unofficial media surrogate."
New Jersey Cops Took His Guns Because They Were Worried About His Wife's Mental Health
Elsid Aliaj says the seizure violated state law and the Second Amendment.
