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The Latest Breaking News from Daniel Richman

Searching Old Digital Haystacks: Some Thoughts on the Richman v. United States Litigation

Interesting Fourth Amendment issues, with a novel remedy.

Reason

Justice Department faces hurdle in seeking case against Comey as judge finds constitutional problems

A federal judge says the Justice Department violated the constitutional rights of a close friend of James Comey and must return to him computer files that prosecutors had hoped to use for a potential criminal case against the former FBI director

The Independent UK

Justice Department challenges court order limiting access to evidence in Comey investigation

The Justice Department has challenged a court order that complicated efforts to seek a new indictment against former FBI Director James Comey by making a trove of evidence off-limits to prosecutors

The Independent UK

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The nightmare continues for Trump’s targeted prosecutions as a judge blocks Comey evidence after a grand jury defeat

Looks like Trump is fighting a losing battle here.

We Got This Covered

Judges deal setback to Justice Department effort to seek new indictment against Comey

A federal judge has dealt a setback to Justice Department efforts to seek a new indictment against former FBI Director James Comey

The Independent UK

Judge: DOJ likely broke Constitution in using Comey lawyer's seized emails

The Justice Department's path to re-indict Comey appears increasingly complicated.

Axios

Judge blocks Trump prosecutors from accessing key evidence in Comey case

Setback for government after judge said it probably violated Comey ally’s protections from unreasonable searches

The Guardian - US

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Misconduct in the James Comey Case Stemmed From a Reckless Rush To Indict Him

A magistrate judge says the government’s missteps may warrant dismissal of the charges against the former FBI director.

Reason

Federal Prosecutors Flesh Out Their Case Against James Comey. It Still Looks Shaky.

The government posits that the former FBI director tried to conceal his interactions with a friend who was publicly described as "a longtime confidant" and an "unofficial media surrogate."

Reason

Lawyers for Comey seek grand jury transcript, bringing fresh challenge to a case pushed by Trump

Lawyers for former FBI Director James Comey want to review a transcript and audio recording of grand jury proceedings in his criminal case, citing what they say were “irregularities” in the process that should result in the dismissal of an indictment pushed by President Donald Trump

The Independent UK

Former FBI Director James Comey wants his case thrown out over ‘vindictive prosecution’ fueled by Trump’s ‘personal spite’

‘The government has singled out Mr. Comey for prosecution because of his protected speech and because of President Trump’s personal animus,’ Comey’s lawyers wrote

The Independent UK

Trump ally says criminal investigations into Obama and Biden are imminent

‘The Democrats set the precedent that former presidents are fair game,’ says Mike Davis

The Independent UK

Pam Bondi turning DoJ into Trump’s ‘personal law firm’, top experts warn

Attorney general accused of targeting political foes, halting prosecutions and placing premium on loyalty to president

The Guardian - US

‘The authoritarian playbook’: Trump targets judges, lawyers … and law itself

Attacks on key US institutions seek to stifle dissent, exact revenge and subordinate them to the president, experts say

The Guardian - US

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The Guardian - US

Kleptocrats to benefit from Trump DoJ’s anti-corruption pause, experts warn

Former prosecutors criticize Pam Bondi’s decision to halt enforcement of bribery laws as short-sighted and dangerous

The Guardian - US

‘Incredibly harmful’: why Trump’s FBI and DoJ picks scare civil liberties experts

Ex-DoJ prosecutors fear loyalists Kash Patel and Pam Bondi will pursue Trump’s calls for revenge on ‘deep state’ foes

The Guardian - US

Gaetz pick raises fears that Trump will seek ‘retribution’ on political foes

With president-elect likely to use DoJ to crush enemies, only hope lies in staffers refusing to carry out illegal orders

The Guardian - US

Trump’s threats to ‘go after’ opponents will subvert rule of law, experts warn

Trump’s escalating legal threats against lawyers, donors and others raise concern as Project 2025 seeks to curtail DoJ

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The Guardian - US

Ex-justice department officials raise alarm over US supreme court’s immunity ruling

Scholars also warn it would embolden Donald Trump’s authoritarian streak should he win the presidency again

International Business Times

Trump Trying To Run Out The Clock On Prosecutors

Facing a total of 88 felony charges in four separate federal and state cases, Donald Trump is employing a simple tactic that has always served him well in the past -- running out the clock.

Salon

Experts "worried" DC delay helps Trump

Trump's immunity claim is likely to be rejected — but the delay may help push the trial into summer or fall

The Guardian - US

‘A formulaic game’: former officials say Trump’s attacks threaten rule of law

Ex-president has made increasingly conspiratorial and authoritarian broadsides against prosecutors pursuing him

The Guardian - US

Trump’s free-speech defense in January 6 case is danger to democracy, experts say

Ex-president and allies portray drive to stay in power as free speech matter, but ex-DoJ officials say his actions went beyond

Salon

Cohen: Kushner "probably cooperating"

Others cited key indictment excerpts to suggest Kevin McCarthy and Mark Meadows may have flipped as well

WEKU

Trump's classified documents trial date is set. What to know about this complex case

The legal complexities tied to former President Donald Trump's classified documents case are unique and the judge's lack of experience in such a case could contribute to lingering delays, lawyers say.

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