The Supreme Court’s decision in Carpenter v. United States has lots of new directions in it. One direction that some commentators have focused on is its impact on the law of subpoenas.
Orin Kerr is the Frances R. and John J. Duggan Distinguished Professor of Law at the University of Southern California Gould School of Law. He is a nationally recognized scholar of criminal procedure and computer crime law. Before becoming a law professor, Kerr was a trial attorney in the Computer Crime and Intellectual Property Section at the Department of Justice and a Special Assistant U.S. Attorney in the Eastern District of Virginia. He is a former law clerk for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit.
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The Supreme Court has handed down its long-awaited decision in Carpenter v. United States. The opinion is only an hour old as I start to write this, but I wanted to offer some initial thoughts that I will also cross-post at The Volokh Conspiracy.
I'll do it in the form of a question-and-answer session, asking questions you may have and offering answers as best I can. Also, rather than wait to the end and post all of my thoughts at once, I will add to this post throughout the day.
A law-nerd analysis of whether Donald J. Trump Jr. violated the CFAA based on his recently-disclosed e-mail.
A few weeks ago, I wrote a post titled “Andrew McCarthy's Puzzling Argument” that explained the weakness in Andrew McCarthy’s then-recent argument in the National Review that the Mueller investigation had “shredded” and “flouted” Justice Departmentt charging policies.
National Review’s Andrew McCarthy has had a lot of criticism of the Mueller investigation recently. I’ve found those criticisms weak on the substance, and his latest column is no exception. I thought I would say why.
I have blogged a lot over the last two years on the pending case of United States v. Microsoft, the case on whether Microsoft must comply with a search warrant for foreign-stored e-mails. With oral argument scheduled for next Tuesday, I thought I would add a few final thoughts before we finally get a sense of where the Justices might be.
It seems likely that the House Intelligence Committee will soon #ReleaseTheMemo. According to press reports, the memo claims that the FISA application to monitor Trump campaign advisor Carter Page included information sourced from former British intelligence officer Christopher Steele "without adequately explaining to the judge that Democrats financed Mr. Steele’s research."