Scalia’s Honest Services Dissent

On 25 February 2009, in White Collar Crimes, by Peter Smythe

The honest ser­vi­ces sta­tute, 18 U.S.C. § 1346, has become a favo­rite balli­wick of fede­ral pro­se­cu­tors because of its vague­ness and broad reach. The sta­tute has been used to invoke cri­mi­nal penal­ties for mis­con­duct not only by public offi­cials, but also by pri­vate emplo­yees and cor­po­rate fidu­cia­ries. Courts have upheld con­vic­tions under the sta­tute of stu­dents who […]

 

Rendition: Obama Holds the Bush Line

On 10 February 2009, in Federal Criminal Law, by Peter Smythe

The New York Times is repor­ting that the Obama admi­nis­tra­tion sur­pri­sed a panel of Ninth Cir­cuit jud­ges by pres­sing ahead with the state sec­rets argu­ment ori­gi­nally con­cei­ved by the Bush admi­nis­tra­tion regar­ding “extraor­di­nary ren­di­tion.” In the case, Bin­yam Moha­med and four other detai­nees filed suit against a sub­si­diary of Boeing for arran­ging flights for the […]

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