Lee Merritt refers to George Barnhill’s conduct as “evil.”

For years, the Orleans Parish District Attorney's Office in Louisiana issued fake subpoenas to witnesses and crime victims. Unlike subpoenas used in ongoing prosecutions, these were used during the investigation process to compel targets to talk to law enforcement. They weren't signed by judges or issued by court clerks but they did state in bold letters across the top that "A FINE AND IMPRISONMENT MAY BE OPPOSED FOR FAILURE TO OBEY THIS NOTICE."

Recipients of these bogus subpoenas sued the DA's office. In early 2019, a federal court refused to grant absolute immunity to the DA's office for its use of fake subpoenas to compel cooperation from witnesses. The court pointed out that issuing its own subpoenas containing threats of imprisonment bypassed an entire branch of the government to give the DA's office power it was never supposed to have.

Allegations that the Individual Defendants purported to subpoena witnesses without court approval, therefore, describe more than a mere procedural error or expansion of authority. Rather, they describe the usurpation of the power of another branch of government.

The court stated that extending immunity would be a judicial blessing of this practice, rather than a deterrent against continued abuse by the DA's office.

The DA's office appealed. The Fifth Circuit Appeals Court took the case, but it seemed very unimpressed by the office's assertions. Here's how it responded during oral arguments earlier this year:

“Threat of incarceration with no valid premise?” Judge Jennifer Elrod said at one point during arguments. She later drew laughter from some in the audience when she said, “This argument is fascinating.”

“These are pretty serious assertions of authority they did not have,” said Judge Leslie Southwick, who heard arguments with Elrod and Judge Catharina Haynes.

The Appeals Court has released its ruling [PDF] and it will allow the lawsuit to proceed. The DA's office has now been denied immunity twice. Absolute immunity shields almost every action taken by prosecutors during court proceedings. But these fake subpoenas were sent to witnesses whom prosecutors seemingly had no interest in ever having testify in court. This key difference means prosecutors will have to face the state law claims brought by the plaintiffs.

Based upon the pleadings before us at this time, it could be concluded that Defendants’ creation and use of the fake subpoenas was not “intimately associated with the judicial phase of the criminal process,” but rather fell into the category of “those investigatory functions that do not relate to an advocate’s preparation for the initiation of a prosecution or for judicial proceedings.” See Hoog-Watson v. Guadalupe Cty., 591 F.3d 431, 438 (5th Cir. 2009)

[...]

Defendants were not attempting to control witness testimony during a break in judicial proceedings. Instead, they allegedly used fake subpoenas in an attempt to pressure crime victims and witnesses to meet with them privately at the Office and share information outside of court. Defendants never used the fake subpoenas to compel victims or witnesses to testify at trial. Such allegations are of investigative behavior that was not “intimately associated with the judicial phase of the criminal process.”

Falling further outside the judicial process was the DA's office itself, which apparently felt the judicial system didn't need to be included in its subpoena efforts.

In using the fake subpoenas, Individual Defendants also allegedly intentionally avoided the judicial process that Louisiana law requires for obtaining subpoenas.

The case returns to the lower court where the DA's office will continue to face the state law claims it hoped it would be immune from. The Appeals Court doesn't say the office won't ultimately find some way to re-erect its absolute immunity shield, but at this point, it sees nothing on the record that says prosecutors should be excused from being held responsible for bypassing the judicial system to threaten crime victims and witnesses with jail time.

Are you a taxpreparer who is unsatisfied with the quality of Intuit's ProSeries tax software program? I am not a happy user of ProSeries tax software. Choose your tax software carefully. I will be searching for an alternative tax software vendor for the year 2014. Continue reading →

Attorney Javier Solano, in his final jury address Friday, insisted there was a “piece that didn’t fit” in the prosecution’s presentation against murder suspect Andres Fernandez in the June 30, 2016, shooting of Louis Barbati.

Aleksey Tsvetkov, 40, blew up while an Assistant U.S. Attorney recited his criminal history during his sentencing hearing in Brooklyn Federal Court on racketeering charges..

A suspect accused in the shooting of Ahmaud Arbery, an unarmed black jogger killed in a Georgia suburrb more than two months ago, was involved in a previous prosecution of the 26-year-old runner back when he worked for the local district attorney’s office.

In a stunning reversal, the Justice Department moved to drop its prosecution of Michael Flynn, President Trump's first national security advisor and the only White House official charged in the Russia investigation.

A suspect accused in the shooting of Ahmaud Arbery, an unarmed black jogger killed in a Georgia suburrb more than two months ago, was involved in a previous prosecution of the 26-year-old runner back when he worked for the local district attorney’s office.

IT IS TIME that political interference with the police and the CPS ceased. One might have thought that after the ludicrous Operation Midland , the lesson had been learned.

Villanueva will fulfill the remaining term after former-Prosecutor Brad Cooper was convicted in a felony domestic violence case in July.

Marion County Prosecutor Ryan Mears calls for independent prosecutor in officer-involved shooting death of Sean Reed

Maybe there's a reason the Donald Trumps and Paul Manaforts and Michael Cohens of the world have felt emboldened lately.

Have you ever come across a section of a book where it felt like everything happened at breakneck speed, and you could only just barely read fast enough to keep up? Or have you seen the opposite, where it’s all nice and slow and mellow, and where you’re able to really take your time and enjoy the beauty of the words?

That’s the kind of thing I’ll be musing on today. Prose and pacing. Time and reading.

Do note, this is not about how to pace your story, that’s an entirely different topic.

The Basics

Most writers will at one point or another have heard that a full stop is a signal for the reader to breathe. The shorter the sentences are, the quicker the breathing becomes, like when you’re excited. With longer sentences, the breaths grow longer, and deeper, and you calm down.

And when you write really long sentences and don’t include any commas or other forms of punctuation your reader might just run out of breath and begin to feel a little panicked.

There’s no ideal sentence length to strive for – rather the opposite.

Continue reading Pace Your Prose — Three Thoughts on Timing at Mythic Scribes.

The Department of Justice (DoJ) is responsible for making prosecutorial decisions. At times, these decisions attract extensive discussions in the community. It becomes interesting when overseas media and politicians embark upon allegations or purported demands relating to Hong Kong’s prosecutorial decisions.

Article 63 of the Basic Law provides that the DoJ of the Hong Kong Special Administrative Region shall control criminal prosecutions, free from any interference. This prosecutorial independence ought to be a feature in any society that cherishes the rule of law, and therefore attempts made by jurisdictions requesting such decisions to be made one way or another or even to request that they be varied is a blatant defiance of rule of law.

The DoJ acts independently without political, improper or undue influence, including those from public opinions and certainly not from overseas politicians who made these requests possibly not based on evidence or law but on political motives.

In cases in which legal proceedings are ongoing, we will not comment and neither should others as it may bring about the undesirable effect of a trial by the public. Statements made requesting the DoJ to drop all the charges or uttered with a view to affecting the DoJ’s role in controlling criminal prosecutions are futile. It is plainly wrong to label our prosecutions as politicised. On the contrary, no one, be they tycoons or politicians, will be above the law or be treated differently simply because they have a certain status or are pursuing certain beliefs or goals.

When law enforcement agencies have completed their investigation, they would seek legal advice from the DoJ. Our prosecutors would carefully consider the investigation reports and relevant materials submitted. A prosecution would only be commenced if the prosecutor is satisfied that there is sufficient admissible evidence to support a reasonable prospect of conviction.

The well-established procedures of our criminal justice system include the independent investigations by law enforcement agencies, the independent prosecutorial decisions based on objective assessment of evidence, applicable laws and in accordance with the Prosecution Code, and finally open trials by our independent judiciary. If we are to accede or be seen to yield to unreasonable demands to drop charges irresponsibly, we would not only be unfair and unprofessional but would also act in violation of the spirit of the rule of law.

I have explained the DoJ’s prosecution procedure on various occasions and stressed that our prosecutors are expected to apply the highest of professional standards in handling all criminal cases impartially and without fear or favour. They must not be influenced by political consideration. Cases should not be handled any differently irrespective of one’s own political beliefs or opinions.

The Hong Kong Special Administrative Region Government always respects and protects human rights and freedoms. However, these rights are not absolute. As pointed out by the Chief Justice of the Court of Final Appeal at the Ceremonial Opening of the Legal Year 2020: “It is important to understand that the enjoyment of these rights has limits so as not to affect adversely to an unacceptable level the enjoyment by other members of their community of their rights and liberties.” There are clear limits in the law to the exercise of these rights. When law is broken, action will be taken in accordance with the criminal justice system.

The rule of law is a core value in Hong Kong. We have to stand united in upholding our independent criminal justice system especially when it is under attack by any unfair and unfounded allegation made with a view to discrediting or undermining it. Any attempt to do so would only be attractive to those unfamiliar with our independent legal and judicial systems. We are obliged to continue to explain and ensure that their absence of knowledge would not override facts. We will continue to disseminate proper and accurate information and help clear any misunderstandings in the local and overseas communities.

Secretary for Justice Teresa Cheng wrote this article and posted it on her blog on April 26.

Invitation Only Research Event

Event participants

Michelle Butler, Barrister, Matrix Chambers
Charles Garraway, Visiting Fellow, Human Rights Centre, University of Essex
Chair: Elizabeth Wilmshurst, Distinguished Fellow, International Law Programme, Chatham House

Invitation Only Research Event

Event participants

Michelle Butler, Barrister, Matrix Chambers
Charles Garraway, Visiting Fellow, Human Rights Centre, University of Essex
Chair: Elizabeth Wilmshurst, Distinguished Fellow, International Law Programme, Chatham House

Prosecutors who dropped charges against eight people in the Flint water scandal explained their decision in a public forum Friday night, telling frustrated, shocked and saddened residents they must look at hundreds of mobile devices and millions of documents that a previous investigative team never reviewed.

An Essex County OPP officer has been slapped with a cut in pay because of "inexplicable" investigative delays into a fatal collision, allowing the at-fault driver to "evade criminal prosecution."

A Sussex County Judge has found a Millsboro man guilty of murder. On November 17, 2016, a passerby discovered Darrin Gibbs of Millsboro lying face down on Monroe Street with a gunshot wound to the back of his head. Witness testimony, ballistics evidence, and video surveillance ultimately identified one of Gibbs’ associates, A.J. McMullen, as […]

Today, United States Attorney David C. Weiss and Delaware Attorney General Kathleen Jennings announced the formation of a new Coronavirus (COVID-19) Anti-Fraud Coalition, aimed at better protecting the citizens of Delaware from criminal and civil fraud arising from the pandemic. The Coalition is comprised of local, state and federal agencies, investigators and prosecutors with significant […]

Romania violated the rights of its former anti-corruption chief Laura Codruta Kovesi when they fired hire. The judgement issued by the European Court of Human Rights in Strasbourg follows a long catalogue of high-level corruption in Romania.

 Amy Sadro, Principal Associate in Eversheds Sutherland’s Environment, Health and Safety Team and Dr Chris Nelson, a Principal Consultant and specialist in noise and vibration at Finch Consulting give their views on recent HAVS prosecutio...

Amidst the attention grabbing hysteria of Coronavirus headlines, some commentators have speculated that employers may be about to face prosecution if they don’t take all precautions possible to protect staff and third parties from infection. I...

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South Africa has recently developed a culture of private prosecution. The trend towards private prosecution has largely been focused on the prosecution of individuals for corruption. The significant challenges faced by the private prosecutors (prima...

Carrying a statutory legal appointment in terms of the provisions of the Mine Health and Safety Act No. 29 of 1996 (“MHSA”) carries a certain level of prestige in the mining industry, however statutory legal appointees are not always awa...

A U.S. federal judge dismissed a lawsuit brought by former "Empire" actor Jussie Smollett who accused the city of Chicago of malicious prosecution in concluding that his claim to having been the victim of a racist and homophobic beating was a hoax.

Newly released FBI documents suggest a federal judge in Washington was swayed by apparent misrepresentations from a top prosecutor when he issued a memorandum opinion in December 2019 -- a ruling that marked one of the lowest points in former U.S. national security adviser Michael Flynn's effort to withdraw a guilty plea on a charge of lying to investigators.

Of more than 5,000 strip searches conducted by NSW police in the past financial year, less than a third found any illicit drugs, new data shows.

Lee Merritt refers to George Barnhill’s conduct as “evil.”

Venezuela's Chief Prosecutor Tarek Saab requests the detention and extradition of US military veteran Jordan Goudreau and two Venezuelans accused of involvement in a failed armed incursion earlier this week.

UBS AG, Switzerland’s largest bank, has entered into a deferred prosecution agreement on charges of conspiring to defraud the United States by impeding the Internal Revenue Service (IRS). As part of the deferred prosecution agreement and in an unprecedented move, UBS, based on an order by the Swiss Financial Markets Supervisory Authority (FINMA), has agreed to immediately provide the United States government with the identities of, and account information for, certain United States customers of UBS’s cross-border business.

"Helping foreign countries improve their criminal justice systems so they can cooperate more effectively with us and with their neighbors in real time is an important aspect of this department’s mission."

Special Litigation Counsel Kristy Parker, a senior attorney in the Civil Rights Division’s Criminal Section, has been selected to receive the 2009 Top Prosecutor Award from the Women in Federal Law Enforcement (WIFLE).

Since the 1990s, the U.S. Attorney’s Office for the Southern District of New York (SDNY) has investigated and successfully prosecuted a wide range of international and domestic terrorism cases — including the bombings of the World Trade Center and U.S. Embassies in East Africa in the 1990s.

"As a prosecutor, you need to be determined enough to pursue every single violent criminal, no matter how cold the evidence. You need to be dogged enough to charge all meritorious cases, no matter how difficult the challenges. You need to be tough enough to withstand public scrutiny, no matter how unfair the criticism."

After three years of satisfying obligations under a deferred prosecution agreement, the charges against Statoil ASA for violating the anti-bribery and accounting provisions of the Foreign Corrupt Practices Act (FCPA) have been dismissed with prejudice.

"I sincerely appreciate the opportunity to meet with my Brazilian enforcement colleagues to discuss the challenges both our countries face in protecting the intellectual property that is so vital to our economic infrastructure and security," said Attorney General Holder.

Today Assistant Attorney General Lanny A. Breuer of the Criminal Division announced the formation of the Human Rights and Special Prosecutions Section (HRSP), the first new section to be formed in the Criminal Division since 2008.

“Violent crimes, and particularly crimes against women and girls, continue to devastate tribal communities across the country, and the U.S. Attorney community is crucial to the Department of Justice’s response,” Attorney General Holder said. 

Chong Lam, 52, and Siu Yung Chan, aka Joyce Chan, 42, both of New York, were convicted yesterday for their participation in one of the largest counterfeit luxury goods operations in the United States.

In anticipation of the upcoming election, the department today provided information about its efforts, through the Civil Rights and Criminal Divisions, to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted, without incidence of discrimination, intimidation or fraud.

Andrew Isaac Chance of Clinton, Md., was arrested on a four-count indictment charging him with filing a fraudulent multi-billion dollar lien against a government employee and filing false tax returns seeking $900,000 in false refunds.

Attorney General Eric Holder today announced the formation and inaugural meeting of the Violence Against Women Federal and Tribal Prosecution Task Force.