DOJ’s Arguments in Trump Litigation Should Benefit Other DefendantsDecember 7, 2020 – New York Law Journal
In the past year, we have seen the Department of Justice (DOJ), under the direction of Attorney General William Barr, present arguments in several cases that implicate the conduct of either President Donald Trump or his close advisors Roger Stone and Michael Flynn. In each instance, the DOJ has taken positions that diverge from the positions usually taken by DOJ prosecutors in ordinary criminal prosecutions. In this article, we make a modest proposal: in order to further the societal goal of equal justice under law, courts should consider affording to all criminal defendants the same special consideration offered to Trump and his advisors by the Barr-led Department of Justice.
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