The Department Of Justice's Assault On State Political Culture

Just as the Probation Department saga dies down in Boston, another federal trial of a state public official—former Virginia governor Robert McDonnell—is making national headlines. These two recent cases, and a judge’s comment in the case of former Illinois governor (now federal prisoner) Rod Blagojevich, demonstrate the alarming trend of federal prosecutors using criminal indictments to intrude on state political cultures, all the while the news media cheer rather than ask hard questions.

 

You can access the article online here.

 

As always, I appreciate your feedback on the topic at hand. Feel free to comment directly on the forbes.com site, or you can reach me directly at has@harveysilverglate.com

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Lessons for all as the Probation Department saga ends

Within the past few hours, the trial of former Probation Department head John J. O'Brien and his two deputies finally came to a conclusion. My research assistant Daniel Schneider and I have taken the liberty of writing a long-needed response, just published by Massachusetts Lawyers Weekly, to this malicious prosecution by the U.S. Attorney's Office in Boston.

If you have a subscription to Massachusetts Lawyers Weekly you can read (and comment on) our piece online. Otherwise, click here to view the column as a PDF in your browser.

As always, I appreciate your feedback on the topic at hand, and you can reach me or Daniel directly at harvey@harveysilverglate.com or daniel@harveysilverglate.com. If you’d like to write a Letter to the Editor in response to this column, you can email  Henriette.Campagne@lawyersweekly.com.  


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DOJ's New Recording Policy: The Exceptions Swallow The Rule

The Department of Justice recently distributed a memorandum of its new recording policy which ostensibly seeks to revise its long-standing practice of not electronically recording suspect or witness interviews. While many view this as a positive development, I have written a column explaining the shortcomings of this policy. I’m afraid little will change as the policy’s exceptions swallow the rule. 

The article can be found on on the Forbes.com website.

As always, I’d appreciate your feedback on the topic at hand and encourage you to either post a comment directly below the column on Forbes.com or reach me directly at has@harveysilverglate.com

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Not Just Tsarnaev: Right To Council Dwindles

On May 7th, defense attorneys for Dzhokhar Tsarnaev filed a motion to suppress statements that FBI agents claim Tsarnaev made during an interrogation in the Intensive Care Unit of Beth Israel hospital. The pre-trial wrangling over whether this interview, which took place before Tsarnaev was read his Miranda rights, can be admitted into evidence raises important questions about the right to counsel and the privilege against self-incrimination. In my latest column for WGBH News, co-authored with my research assistant Juliana DeVries, we explain how the Supreme Court has in recent years allowed for the serious erosion of these key Constitutional protections.     

You can read the column at the WGBH website

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Guest Appearance on Bill Frezza's 'Real Clear Radio Hour'

Last week I sat down with Bill Frezza for a radio segment titled: "Runaway Government." Our discussion touched on a range of issues covered in Three Felonies A Day including the proliferation of vague statutes, over-zealous prosecutors and selective prosecutions.

Listen to the full conversation here: https://soundcloud.com/realclearradiohour/harvey-silverglate-podcast
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