Criminal Law: Procedural

Latest in Criminal Law: Procedural

Criminal Law: Procedural

The Classified Information Procedures Act: What It Means and How It’s Applied

This is the first in a series of posts on the Classified Information Procedures Act (CIPA). CIPA is a critical law for national security prosecutions: It establishes a number of key procedures that facilitate a balance between the fundamental rights of defendants in criminal trials and the government’s interests in keeping classified information out of the wrong hands. This post provides an overview of CIPA, some of its principal legal disputes, and a sense of how CIPA has been recently applied.

Criminal Law: Procedural

Did the Fourth Amendment Require the FBI to Selectively Seize Weiner’s Emails?

Recent news reports indicate that the FBI has obtained a warrant to search a cache of emails belonging to Hillary Clinton aide Huma Abedin. The emails were discovered in the course of an “unrelated case” involving Abedin’s now-estranged husband, Anthony Weiner, who is under investigation for allegedly sexting with an underage girl.

Criminal Law: Procedural

United States v. Ganias and the Case for Selective Seizures of Digital Evidence

Recent high-profile cases involving digital searches and seizures have largely focused on government access to data, from the battle over breaking strong encryption to the debates over whether a warrant is required to hack a computer or to obtain private communications from a third-party service provider.

Terrorism Trials: Civilian Court

On Judge O'Toole's Stubborn Reluctance To Moving the Boston Bomber Trial

Jury selection in the trial of  accused Boston Marathon bomber Dzhokhar Tsarnaev has dragged on for over a month. Since January 5, over 150 potential jurors have been questioned, and still the judge proceeds haltingly through a pool filled with preconceptions about Tsarnaev’s guilt and fury at what the bombing’s perpetrators.

Interrogation: Legislative Development

9/11 Defense Counsel on the CIA's Response to the SSCI Study

James Connell III, lawyer for 9/11 accused Ammar al-Baluchi, had this to say today:

"The CIA and its defenders are using Mr. al Baluchi as a scapegoat for its illegal and reprehensible use of torture," said James Connell, civilian attorney for Mr. al Baluchi.  "The United States spent incredible amounts of money, energy, and American credibility, and now the CIA is pointing at Mr.

Terrorism Trials & Investigations

Abu Khattala Subject to Pre-Trial Detention

Such was the exceedingly unshocking result of this morning's exceedingly brief detention hearing in the criminal case against Ahmed Abu Khattala.

In his remarks, prosecutor Michael DiLorenzo essentially summarized his side's written filing. It had put forth various reasons why, under the Bail Reform Act, no conditions of release would ensure the public safety in advance of Abu Khattala's trial.

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