Category Archives: Federal Criminal Law
No Man Is Above the Law, Not Even the President
No man is above the law. That’s what former President Theodore Roosevelt told this nation. President Donald J. Trump does not believe in this…
Presidential Pardon Might Not Help Michael Flynn
Article II, Section 2, clause one, of the Constitution, dealing with the powers and duties of the President, provides that he or she “shall…
An Alternative to Federal “Tough on Crime” Laws
The nation’s “prison industrial complex”—which drew its name from the “military industrial complex” coined by President Eisenhower in 1959—began in earnest with President’s Reagan…
Attorney General Jeff Sessions and The Papadopoulos Effect
By: Houston Criminal Defense Lawyers John T. Floyd and Chris Choate Could U.S. Attorney General Jefferson Beauregard Sessions III be on the fast track…
Trump Learns Difference Between Obstruction, Administration of Justice
President Donald Trump does not like to be investigated. But Trump’s behavior, and that of his campaign throughout the 2016 presidential election cycle, as…
Surprising Organizations and People That Have Faced RICO Charges
The Racketeer Influenced and Corrupt Organizations Act (RICO) was passed in 1970. Its initial purpose was to combat organized crime in the United States.…
Supreme Court Rules Brady Offers Little Relief to The Guilty
In 1963, the U.S. Supreme Court in Brady v. Maryland held that criminal prosecutors must disclose evidence favorable to a defendant, upon his or…
The Important Correlation Between Indictment and Jury Instruction
There are many constitutionally significant elements of a criminal prosecution. Three of these are indictment, evidence produced at trial and jury instructions. The Fifth…
The Doctrine of Abatement Ab Initio Expanded
Moments before he took his own life in a Massachusetts prison this past April, former NFL star Aaron Hernandez was a convicted murderer. The…
What Is a “Federal Crime of Violence”?
Certain crimes, such as murder, rape, robbery, and assault, are generally associated with the often used term “crime of violence.” What exactly defines “violence”…
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