Dear listeners,
James Comey has been arraigned and has a trial date of January 5. Both his lawyer — prominent former U.S. Attorney Patrick Fitzgerald — and Judge Michael Nachmanoff appear set on moving rapidly to trial, and the government is rushing to be ready. Fitzgerald also indicated he will file four motions for pre-trial dismissal, on grounds of selective and vindictive prosecution, grand jury misconduct, improper appointment of interim U.S. Attorney Lindsey Halligan, and outrageous government misconduct. Some of those motions will be helped by the message from the president demanding Comey’s prosecution that does really appear to have been intended as a private message for Attorney General Pam Bondi, accidentally broadcast to the world.
Meanwhile, Sean Combs has been sentenced to 50 months in prison. Because he’s already been in custody for a year and because of opportunities afforded to him under the First Step Act, he’ll likely be out of prison somewhere between a year and two years from now. This sentence was far below the guideline, and Ken and I discuss the best way to lobby for a lenient sentence when your client is very fortunate and prominent, without sounding like you’re saying the rich and famous deserve to get off easy.
That’s today’s show for free subscribers. If you are a paying subscriber, you get much more:
A look at an unexpected criminal complaint about the highly destructive Palisades Fire, in which federal prosecutors allege that an Uber driver set a smaller fire that begat the major fire.
Temporary restraining orders in the case over Trump’s effort to deploy national guard troops to Portland, and what appeals courts are likely to do with them.
What to make of Supreme Court’s choice to finally take on the Lisa Cook case, and the procedural split it is likely to emphasize among the court’s conservative justices as they ponder what to do with the special, unique, quasi-private institution in a long historical tradition that is the Federal Reserve.
A lengthy and forceful appeals court ruling upholding birthright citizenship.
Another vindictive prosecution claim that has legs, this time from Kilmar Abrego Garcia.
We hope you enjoy the episode,
Josh
