All of this considered, as a practical matter an attorney should get a release from the client and obtain certified admissible paper records of all such witnesses in the ongoing fight. Agencies can be very courteous in getting you these documents as they know it helps them stay out of…
As noted by the United States District Court Southern District of Mississippi: … Touhy’s rationale was undermined by a decision rendered by the Supreme Court two years later, in which it considered a claim of governmental privilege and noted, “Judicial control over the evidence in a case cannot be…
In Forgione v. HCA, Inc. 954 F.Supp.2d 1349 (N. D. Florida 2013), the Government made an unfounded argument that state employees and agents could also be Federal employees for purposes of 28 U.S.C. section 1442. The Court for purposes of the question at bar stated: Right to control is…
You may be reading this because you received a Touhy letter from the Department of Veterans Affairs, Social Security or another federal agency that does not want to comply with your state-court subpoena. They are citing the Supreme Court’s Decision in Touhy, where the Court stated that the Federal housekeeping…
Finally, misprision of a felony may apply in this case (or non case, as we are now being told). Misprision of a felony is often used as a “lesser” crime in federal prosecutions, as it carries a lower punishment range than the underlying felony. A drug conspiracy being pled to…
From the “facts” as disseminated in the media, there are also problems with the apparent destruction of records on the Clinton side. Following the Enron Collapse and the Arthur Anderson scandal, Congress passed the Sarbanes Oxley bill which overhauled accounting and recordkeeping at financial institutions. In that law there was…
However, section 793 has a lower mental state. 18 USC section 793(f) states: “Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1)…
While this type of conduct is not necessarily the Lindbergh baby kidnapping or the OJ Simpson murders, people have had their careers ruined and regularly faced at least misdemeanor prosecution for these types of violations. The Hillary Clinton email articles which I have read have focused on two federal statutes…
As the information in the public goes, Hillary Clinton maintained her State Department emails and conducted State Department business on a private, nonsecure server. She then wiped (or had her people wipe) at least part of the server, including many emails, before handing them over for investigation. Many people want…
The presumption of detention is rebuttable, but very daunting. A person charged with a presumption case offense must rebut the presumption by clear and convincing evidence. This is the second most onerous burden in our law, right below proof beyond a reasonable doubt. Release is obviously far less common in…