Search Results for: prosecutorial discretion

The Supreme Court today issued a decision that the Trump administration’s rescission of DACA, Deferred Action for Childhood Arrivals, was unlawful because it failed to explain adequately why it ended DACA. In an opinion by Chief Justice Roberts, the Court determined that the DACA rescission was arbitrary and capricious in violation of the Administrative Procedure [...]

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The D.C. Circuit held oral argument on Friday on General Mike Flynn’s mandamus to Judge Emmet Sullivan to grant the Department of Justice (DOJ) Motion to Dismiss false statement charges against Flynn (see my preview, discussed here). A majority of the panel seemed to believe Judge Sullivan should take the first crack at deciding DOJ’s [...]

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On Monday, Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia filed his response to the petition for mandamus brought by General Michael Flynn in the D.C. Circuit regarding Sullivan’s handling of the Justice Department (DOJ) Motion to Dismiss the false statement charges against Flynn. Flynn had pleaded guilty to [...]

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As we watch the revival of the first wave and anticipate an inevitable second wave, the intentionally inept federal, uneven and dangerous state and local, and self-interested business response to the COVID-19 pandemic is a horrifying experience. As the reality of the situation unfolds, the breach of public trust is breathtaking. The clear indifference of [...]

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A New York judge on Tuesday struck down a 2019 law that would have created an independent commission to investigate prosecutorial misconduct in the state. The bill, signed by Governor Andrew Cuomo last March, created the second version of the commission after the first version was challenged due to separation of powers concerns. The new [...]

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Myths, often ancient traditional stories that are designed to prescribe moral or traditional values, are fantastical but also highly rational. That is because myths describe a commonly manifested belief on the way we view the world. In 1992, Professor Jane Rutherford utilised the myth of Robin Hood in order to make a point about the [...]

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The District Attorneys Association of New York (DAASNY) filed a motion for preliminary injunction on Monday against a prosecutorial oversight committee—another step in the group’s fight against the legislation that creates it, signed by Governor Andrew Cuomo last Wednesday. The DAASNY has been staunchly opposed to the parameters of the commission, arguing it interferes with the discretion of [...]

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The American Bar Association Commission on Immigration on Wednesday published an update to their 2010 report that made recommendations on reforming the immigration system. The 2019 update focused on recommendations for improvement in six key areas involved in the immigration adjudication process: the Department of Homeland Security (DHS); Immigration Judges and Immigration Courts; the Board of Immigration [...]

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