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Legal Analysis
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In Trump v. Anderson, the Supreme Court, in a unanimous decision, reversed the Colorado Supreme Court's ruling which had ordered that Donald J. Trump be excluded from the 2024 presidential primary ballot based on Section 3 of the Fourteenth Amendment.
In United States v. Kousisis, Defendant challenges a federal wire fraud conviction under the fraud in the inducement theory. In this case, the 3rd Circuit expanded federal fraud statutes to include a theory where there was a false statement hat induced the victim to contract. Such an extension post Ciminelli would be an expansion of statutes to cover garden variety breaches of contract.
As Texas Governor Greg Abbott and Biden spar over the US border with Mexico, the Supreme Court prepares to hear United States v. Texas. Several cases including Trump v. Hawaii and United States v. Arizona show that the president has broad powers over border control and immigration issues. Ron Chapman analyzes these cases in the article and on NPR.
Federal pre-trial diversion expands under new Department of Justice policy and is now potentially available to a wide range of defendants. Attorney General Merrick Garland proposed the changes which are now incorporated into the new Justice Manual.
Jack Smith’s January 6th prosecutions of Donald Trump and 500 other defendants are in jeopardy. Supreme Court granted certiorari in Fischer v. United States a case to determine if the Sarbanes Oxly statute criminalizing obstruction of an official proceeding, 18 U.S.C. 1512 requires a tangible item. The Supreme Court will reverse unraveling the January 6th prosecutions. A decision is expected in June.
A federal court held that a list containing names of associates, witnesses, investigators and even victims can be revealed. It will not include the names of minor victims who did not consent. The Court gave time for an appeal to keep the records private.
First Amendment protections in federal criminal cases have a long history of spirited litigation. The Supreme Court has delivered mixed results in federal criminal cases. Learn about first amendment defenses from winning federal criminal defense attorney Ronald W Chapman II.
In Jones v. Hendrix the Supreme Court barred the use of a 2241 petition to avoid the prohibition on successive 2255 petitions where there was a subsequent change in statutory interpretation. This causes a major hurdle for defendants where there is a subsequent change in the law post conviction and a defendant is still in custody.
Donald Trump has been indicted and here is everything you want to know. Will Trump go to jail? Where will the case be tried? What are the charges? Federal criminal defense attorney Ronald W. Chapman II breaks down the charges.
The unlawful retention and dissemination is a serious offense often earning defendants significant jail time. Jack Teixeira a National Guard Airman was charged with two counts under the Espionage Act for disclosing classified material on a discord server. He has not yet been charged with treason which could land him a jail sentence of life.
Ruan v. United States was a landmark decision by the Supreme Court increasing the standard needed to convict physicians of unlawful prescribing. Three months post Ruan, we are seeing a mixed bag of District Court decisions. Here is a breakdown of these trial court and appellate decisions.
On the heels of the recent decision in Ruan v. United States, a Florida pharmacy is at the steps of the Supreme Court arguing that the DEA has unconstitutionally encroached on the practice of pharmacies dispensing opioid prescriptions. Should the Supreme Court take up this challenge it would be in a position to extend the Ruan decision to the practice of pharmacy and restrict the DEA’s powers to discipline pharmacists.
The CDC COVID-19 mask mandate has been declared unlawful by a federal judge in the Middle District of Florida. In a 59 page ruling, Judge Mizelle declared the mask mandate an unconstitutional exercise of government power. Airlines were quick to permit the widespread removal of masks.
Fani Willis takes the stand in Fulton County to face questioning about her affair with special prosecutor as well as funds used to finance vacations. Nathan Wade was hired by Fani Willis to prosecute Former President Donald Trump and since has faced a motion to recuse by Natalie Merchant and Trump’s Lawyers.