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Noting how carceral craziness and foolhardy finality fixations result in cases like Tarahrick Terry's

As highlighted in this post following this past week's SCOTUS oral argument, the questions from the Justices strongly suggest that the Supreme Court will soon rule that Tarahrick Terry is not entitled to seek a resentencing under the FIRST STEP Act provision making the Fair Sentencing Act retroactive.  Over at SCOTUSblog, Ekow Yankah has this effective review of the Terry argument which spotlights a portion I found especially notable toward the end: One dissonant note came late in the morning, ...
Tags: Texas, Supreme Court, Law, Congress, Fsa, US, United States, Terry, Bias, Doj, Justice Department, Booker, Dorsey, Kavanaugh, Len Bias, USSC


Federal prison population holding steady at just over 152,000 through first 100 days of the Biden Administration

The day after Joe Biden was inaugurated as President, I authored this post posing a question in the title: "Anyone bold enough to make predictions about the federal prison population — which is now at 151,646 according to BOP?".  That post highlighted notable numerical realties about the the federal prison population (based on BOP data) during recent presidencies: during Prez Obama's first term in office, the federal prison population (surprisingly?) increased about 8%, climbing from 201,668 at ...
Tags: Law, Joe Biden, Biden, Doj, Prez Obama, USSC, Bureau of Prisons, Douglas A Berman, Prez Trump, Biden Administration


US Justice Department expresses 'concerns' over the GOP's Arizona election audit being conducted by Cyber Ninjas

Cyber Ninjas owner Doug Logan, left, a Florida-based consultancy, talks about overseeing a 2020 election ballot audit ordered by the Republican lead Arizona Senate at the Arizona Veterans Memorial Coliseum, as a Cyber Ninjas IT technician demonstrates a ballot scan during a news conference Thursday, April 22, 2021, in Phoenix. The equipment used in the November election won by President Joe Biden and the 2.1 million ballots were moved to the site Thursday so Republicans in the state Senate who...
Tags: Asia, Florida, Politics, Law, US, Trends, Joe Biden, Audit, Gop, Arizona, Department Of Justice, Republican, Biden, Conspiracy Theories, Doj, Charles Davis


New federal defender laments BOP's response to COVID and the FIRST STEP Act

The Federal Public and Community Defenders sent this new letter today to Senate Judiciary Committee leaders to follow up on the April 15 oversight hearing concerning the Federal Bureau of Prisons.  The 16-page letter covers a lot of ground, and here are excerpts: For too long, DOJ and BOP have ignored congressional directives to prioritize the safety and rehabilitation of individuals in its custody, and left tools provided by Congress unused. These failures have been exacerbated by a culture th...
Tags: Law, Congress, Fsa, Doj, IRC, Senate Judiciary Committee, Federal Bureau of Prisons, Bop, Douglas A Berman, Federal Public and Community Defenders, COVID


Notable NY politician gets furlough from BOP as he is "considered for home confinement"

When I saw the headline of this new New York Post piece, "Sheldon Silver released early on furlough after less than a year in prison," I thought the paper was misusing a term because furloughs from federal prison seem extraordinarily rare. But the story explains it has the right term: Disgraced former New York Assembly Speaker Sheldon Silver has been sprung from federal prison early on furlough — while he awaits a decision from the agency on whether he can serve out the remainder of his term in...
Tags: Post, New York Post, Law, Associated Press, Silver, Doj, Albany, Sheldon Silver, Southern District of New York, New York Assembly, Valerie Caproni, Orange County New York, Bureau of Prisons, Bop, Douglas A Berman, Bureau of Prisons BOP


A Roundup of CCPA Court Decisions (I Only Know of 7)

This post recaps the court decisions analyzing the California Consumer Privacy Act (CCPA) so far. I only know of seven opinions as of May 1, 2021, a number that struck me as surprisingly small. (If you think I’m missing any, please email me). Overview CCPA lawsuits generally fit into one of the following four categories: Data breach Private Right of Action (PRA). Since Jan. 1, 2020, the CCPA authorizes a private right of action with respect to certain data breaches. I expected this would be a ...
Tags: Facebook, Law, California, Virginia, Walmart, Stasi, Pra, Doj, Privacy/security, Guzman, Rahman, McCoy, HIPAA, Facebook Inc, AG, Alphabet Inc


Schiff And Arent Sitting In A Tree… — See Also

Everybody Do The Merge!: Schiff Hardin and Arent Fox look ready to dance. Alternative Dispute Settlement: Shooting up a lawyer's office is a kind of resolution. In My Day, Federal Law Enforcement Was Courteous To Suspects: Rudy Giuliani is complaining mightily that the DOJ wouldn't just tell him that they were investigating him. Pre-Requisites: Law schools are going to need to see some proof of vaccination.
Tags: Law, Doj, Rudy Giuliani, Schiff, Schiff Hardin, Arent Fox, See Also


Not even much lip service about sentencing reform in Prez Biden's first address to Congress

Prez Joe Biden gave a very lengthy speech this evening (full text here), but it only included a precious few sentences about criminal justice reform.  Here are these sentences: We have all seen the knee of injustice on the neck of Black America. Now is our opportunity to make real progress. Most men and women in uniform wear their badge and serve their communities honorably.  I know them.  I know they want to help meet this moment as well. My fellow Americans, we have to come together.  To rebu...
Tags: Law, Congress, White House, House, Npr, Johnson, Biden, Doj, Justice Department, Criminal Justice Reform, Carrie Johnson, Douglas A Berman, Kevin Ring, Kara Gotsch, Biden White House, George Floyd




FAMM urges federal BOP to publish memos with home confinement criteria

In this post a few days ago, I asked "Why is DOJ apparently keeping hidden a new memo expanding the criteria for home confinement?". I still do not have an answer to this question, but I see that Kevin Ring at FAMM is hoping to get even more from the BOP via this new letter that starts and ends this way: I am writing to ask that you publish on the Bureau of Prisons’ (BOP) website any and all memos sent to wardens about the eligibility critera for CARES Act home confinement.  The BOP’s failure t...
Tags: Law, Doj, Bureau of Prisons, Bop, Douglas A Berman, Kevin Ring, FAMM


DOJ launches an investigation into Minneapolis policing practices a day after Derek Chauvin's conviction

George Floyd Square is shown on Feb. 8, 2021, in Minneapolis. Ten months after police officers brushed off George Floyd's moans for help on the street outside a south Minneapolis grocery, the square remains a makeshift memorial. AP Photo/Jim Mone The DOJ is launching an investigation into the Minneapolis Police Department's practices. Former Minneapolis police officer Derek Chauvin on Tuesday was convicted of the murder of George Floyd. The new probe follows a civil rights investi...
Tags: Politics, Law, Minneapolis, Obama, Trends, Associated Press, Ferguson Missouri, Department Of Justice, Doj, Trump, Minneapolis Police, Floyd, Garland, Mueller, MPD, Baltimore Maryland


DOJ launches investigation into the Minneapolis Police Department's practices a day after Derek Chauvin's conviction

George Floyd Square is shown on Feb. 8, 2021, in Minneapolis. Ten months after police officers brushed off George Floyd's moans for help on the street outside a south Minneapolis grocery, the square remains a makeshift memorial. AP Photo/Jim Mone The DOJ is launching an investigation into the Minneapolis Police Department's practices. Former Minneapolis police officer Derek Chauvin on Tuesday was convicted of the murder of George Floyd. The new probe follows a civil rights investi...
Tags: Politics, Law, Minneapolis, Trends, Department Of Justice, Doj, Trump, Minneapolis Police, Floyd, Merrick Garland, Minneapolis Police Department, Philando Castile, Jim Mone, Grace Panetta, George Floyd, Derek Chauvin


Why is DOJ apparently keeping hidden a new memo expanding the criteria for home confinement?

The question in the title of this post is what I keep wondering as days pass since I saw this FAMM press release from last Friday and yet still fail to see any updated official information from the Department of Justice or the the Bureau of Prisons.  The FAMM press release, dated April 16, 2021, starts this way (my emphasis added): FAMM President Kevin Ring released the following statement in response to the Department of Justice (DOJ) releasing a memo expanding the criteria for home confinemen...
Tags: Law, Department Of Justice, Biden, Doj, Department of Justice DOJ, Bureau of Prisons, OLC, Douglas A Berman, Kevin Ring


Insurrectionists who posted social media footage of the Capitol riots are claiming to be journalists in their legal defenses, report says

In this Jan. 6, 2021, file photo, Trump supporters gather outside the Capitol in Washington. Some people charged with storming the U.S. Capitol on Jan. 6 are claiming they were only there to record history as journalists, not join a deadly insurrection. John Minchillo/AP At least eight defendants charged in the Capitol riots have identified themselves as journalists, AP said. These self-proclaimed job titles are being used to mount a First Amendment free speech defense. The legal defenses ...
Tags: Politics, New York, Media, Law, Washington, Trends, Georgia, Ap, News UK, Associated Press, New Mexico, US District Court, Doj, University Of Maryland, Trump, Morgan


Trump rape accuser adds to former president's legal woes by asking court to keep defamation lawsuit alive

Writer E Jean Carroll has accused President Trump of raping her in a department store dressing room in the mid-1990s. Eva Deitch/The Washington Post; Saul Loeb/Getty Images In 2020, E. Jean Carroll published an account accusing Trump of raping her in a Bergdorf Goodman dressing room in the mid-1990s. The former Elle columnist sued Trump for defamation after he made comments denying sexually assaulting her. A judge ruled that Trump was not acting in a presidential capacity when he made the ...
Tags: Politics, New York, News, Law, Washington Post, US, Trends, Bloomberg, Joe Biden, News UK, Manhattan, Court Case, Biden, Donald Trump, Doj, Elle


Matt Gaetz sought a preemptive pardon from Trump before he left office, according to report

CHEYENNE, WY - JANUARY 28: Rep. Matt Gaetz (R-FL) holds a phone to the microphone as Donald Trump Jr. speaks remotely to a crowd during a rally against Rep. Liz Cheney (R-WY) on January 28, 2021 in Cheyenne, Wyoming. Gaetz and Trump Jr. added their voices to a growing effort to vote Cheney out of office after she voted in favor of impeaching Donald Trump. Photo by Michael Ciaglo/Getty Images Florida Rep. Matt Gaetz sought a pardon from Trump before he left office. The New York Times report...
Tags: Florida, Politics, Law, White House, Trends, Fbi, New York Times, Harry Potter, Times, Donald Trump, Doj, Cheney, Justice Department, Trump, Cheyenne, Carlson


Another Day, Another Large Stack Of Dollars — See Also

Bonuses: Freshfields, Cadwalader, Clifford Chance, Fried Frank, Winston & Strawn, Schulte, and Orrick. I Am Once Again Asking For Your Vote: What's the most epic Zoom fail of the pandemic? Test, Test: LSAT scores are up! Remaining Silent Is Still An Option: Matt Gaetz had a lot to say about the DOJ's investigation into his relationships. Amateur Performance: The NCAA was not ready for what the justices were dishing out today.
Tags: Law, Ncaa, Doj, Orrick, Matt Gaetz, See Also, Freshfields Cadwalader Clifford Chance Fried Frank, Winston Strawn Schulte


Portland police officers used force more than 6,000 times against protesters last year

A demonstrator is pepper sprayed shortly before being arrested during a Black Lives Matter protest at the Mark O. Hatfield United States Courthouse Wednesday, July 29, 2020, in Portland, Ore. Marcio Jose Sanchez/AP Portland police used force 6,000 times against protesters last year, according to DOJ attorneys. These incidents at times violated department policies and top brass didn't question it, they said. Portland became a flashpoint for protest activity and police response after Geo...
Tags: Politics, News, Law, Trends, Portland, Police Brutality, Department Of Justice, Black Lives Matter, BLM, Criminal Justice, Doj, Racial Discrimination, Portland Police Bureau, Tyler Sonnemaker, George Floyd, George Floyd Protests


"14 Steps Biden’s DOJ Can Take Now to Reform America’s Criminal Legal System"

The title of this post is the title of this notable new commentary at The Appeal authored by Rachel Barkow and Mark Osler. I highly recommend the full piece, and here are parts of the preamble and the listed "14 steps": As the Biden Administration takes shape and the nation recovers from four years of Donald Trump, there may be a temptation to return to “normal.”  That could be especially true at the Department of Justice, where so many longstanding norms — independence from politics, high ethi...
Tags: Law, Obama, Congress, Obama Administration, America, Department Of Justice, Biden, Donald Trump, Department Of Homeland Security, Doj, Trump, Bureau of Prisons, Douglas A Berman, Sentencing Commission, Rachel Barkow, Trump Administration


With a new Attorney General now in place, should we expect to see any changes in the federal prison population?

Regular readers know that I have been following federal prison population data quite closely during the COVID era, giving particular attention to the numbers that the federal Bureau of Prisons updates weekly at this webpage.  But I have not blogged on this topic in nearly two months because, after a tumultuous 2020, there has been a notable stability in BOP reports of "Total Federal Inmates" during the Biden era.  As noted here, the day after Prez Biden's inauguration, BOP reported a total popul...
Tags: Law, Biden, Doj, Justice Department, Trump, Prez Obama, Jeff Sessions, Bureau of Prisons, Douglas A Berman, Merrick Garland, Prez Trump, Prez Biden


With Merrick Garland now finally confirmed as the next US Attorney General, might another DOJ charging and sentencing memo be soon forthcoming?

As reported in this CNBC piece, the US Senate "on Wednesday voted to confirm Merrick Garland as attorney general, placing the longtime federal appeals court judge and one-time Supreme Court pick at the helm of an agency central to President Joe Biden’s domestic policy agenda. The vote was 70-30." Here is more: Garland takes over as the head of the Department of Justices as the sprawling agency continues to investigate the Jan. 6 riot at the U.S. Capitol, one of the largest probes in its history...
Tags: Supreme Court, Law, Obama, Senate, White House, US, Barack Obama, Joe Biden, Clarke, US Senate, Monaco, Biden, Doj, Justice Department, Cnbc, Antonin Scalia


The Anticipated Domino Effect: Virginia Passes Second State “Comprehensive” Privacy Law (Guest Blog Post)

by guest blogger Tanya Forsheit Virginia has officially become the second state in the country to enact what many have called a “comprehensive” privacy law, the Consumer Data Protection Act (“CDPA”), with Governor Northam’s signature on March 2, 2021. For many of us, this is the anticipated (and slightly pandemic-delayed) beginning of a process we predicted back in 2018, when California enacted the California Consumer Privacy Act (“CCPA”). Specifically, most of us knew that we would be faced wi...
Tags: Law, California, Virginia, Massachusetts, US, CA, Eu, Va, Doj, Cuomo, Privacy/security, New York New York, Eric Goldman, EU Data Protection Directive, EU General Data Protection Regulation, CCPA


Notable quotables on criminal justice issues from AG-nominee Merrick Garland during his confirmation hearing

This new Reuters piece provides some choice quotes from U.S. Attorney General Nominee Garland on criminal justice policies during his Senate confirmation hearing today. I sense advocates of criminal justice reform will be pleased with these comments: DEATH PENALTY Garland told Congress he used to support the death penalty, including the execution of Oklahoma City bomber Timothy McVeigh, a case he prosecuted.  He said his views have evolved due to concerns about executing innocent people and i...
Tags: Law, Congress, Senate, Cnn, Biden, Doj, Oklahoma City, Reuters, AG, Garland, Timothy McVeigh, Douglas A Berman, Merrick Garland, Nominee Garland


ACLU writes to AG-nominee Merrick Garland urging action on "five critical issues"

The ACLU today released this notable seven-page letter directed to Attorney General-Designate Merrick Garland. Here is how it gets started: Congratulations on your nomination to lead the U.S. Department of Justice (DOJ).  For nearly 100 years, the ACLU has been our nation’s guardian of liberty, working in courts, legislatures, and communities to defend and preserve the individual rights and liberties that the Constitution and the laws of the United States guarantee everyone in this country. You...
Tags: Law, America, United States, Aclu, Biden, Doj, Senate Judiciary Committee, AG, Douglas A Berman, Merrick Garland, U S Department of Justice DOJ, Designate Merrick Garland


ACLU write to AG-nominee Merrick Garland urging action on "five critical issues"

The ACLU today released this notable seven-page letter directed to Attorney General-Designate Merrick Garland. Here is how it gets started: Congratulations on your nomination to lead the U.S. Department of Justice (DOJ).  For nearly 100 years, the ACLU has been our nation’s guardian of liberty, working in courts, legislatures, and communities to defend and preserve the individual rights and liberties that the Constitution and the laws of the United States guarantee everyone in this country. You...
Tags: Law, America, United States, Aclu, Biden, Doj, Senate Judiciary Committee, AG, Douglas A Berman, Merrick Garland, U S Department of Justice DOJ, Designate Merrick Garland


Thoughtful accounting of the dynamic world of prosecutorial discretion

Marc Levin has this notable new Law360 commentary headlined "DOJ Charging Memo Rescission Aids Prosecutorial Discretion."  The piece covers a lot more than just the new interim DOJ charging memo (discussed here), and I recommend the entire discussion in full.  Here are excerpts: [W]hile prosecutors have always declined cases, recently elected prosecutors in urban and even some suburban jurisdictions face backlash for presumptively declining to pursue certain categories of cases, such as low-lev...
Tags: Law, Donald Trump, Doj, Marc Levin, Douglas A Berman, Prez Trump


Sidney Powell And The Process Server — See Also

Sidney Powell Plays Hide And Go Seek: But still gets served. Cat Lawyer? No, just problems with your Zoom. Fox News's Strange Defense: Or, is it just a prelude to a settlement? OCI Moves Back To The Summer: Looks like COVID won't change Biglaw recruitment permanently. Shake-Ups At The DOJ: A look at the Biden Justice Department.
Tags: Law, Fox News, Doj, Sidney Powell, See Also


Chamath Palihapitiya-backed Clover Health continues to decline after responding to critical short-seller report, a day after falling 12%

Brian Ach/Getty Images for TechCrunch Shares of Clover Health continued to slide on Friday after falling 12% in the previous session following a report from short-seller Hindenburg Research.  The Medicare insurer said the Justice Department made a "request for information". Clover said investor Chamath Palihapitiya was aware of the DOJ's inquiry.  Visit the Business section of Insider for more stories. Clover Health shares on Friday fell as much as 7% after suffering a 12% decline in the ...
Tags: Trends, Insurance, Markets, Healthcare, Medicare, Stocks, Department Of Justice, Doj, Justice Department, Clover, Clover Health, Chamath Palihapitiya, SPAC, Medicare Advantage, Social Capital, US Justice Department


Chamath Palihapitiya-backed Clover Health continues to slide after responding to critical short-seller report, a day after falling 12%

Brian Ach/Getty Images for TechCrunch Shares of Clover Health continued to slide on Friday after falling 12% in the previous session following a report from short-seller Hindenburg Research.  The Medicare insurer said the Justice Department made a "request for information". Clover said investor Chamath Palihapitiya was aware of the DOJ's inquiry.  Visit the Business section of Insider for more stories. Clover Health shares on Friday fell as much as 7% after suffering a 12% decline in the ...
Tags: Trends, Insurance, Markets, Healthcare, Medicare, Stocks, Department Of Justice, Doj, Justice Department, Clover, Clover Health, Chamath Palihapitiya, SPAC, Medicare Advantage, Social Capital, US Justice Department



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