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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Justice Goes After the GOP

My views on the Holder Justice Department’s ill-considered recent displays of prosecutorial overzeal and worse are set forth in my latest piece for the Wall Street Journal.

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 the WSJ’s website, or reach me directly at has@harveysilverglate.com. If you’d like to write a Letter to the Editor in response to my column, you can email wsj.ltrs@wsj.com.

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The Feds Mandate Abolition of Free Speech on Campus

Want to openly discuss gender discrepancies in the workplace? Want to listen to uncensored rap music? How about put on a comedy show? Not on our campuses! And what if you or a friend or family member has to pursue a defense to an unmeritorious charge of sexual harassment? Forget it!

On May 9th, the Department of Justice and the Department of Education jointly issued a letter to the University of Montana, which the government called “a blueprint for colleges and universities throughout the country,” and which mandates changes to campus sexual harassment policies that will effectively make each of the above actions punishable offenses and will turn hearings into even worse kangaroo courts than exist today. This is a very serious development that everyone who thinks our universities play an important function in society will want to know about.

In my latest column for Minding the Campus, co-authored with my research assistant Juliana DeVries, we argue that the federal government’s unconstitutional mandate will obliterate free speech and fair process on campuses and make every student guilty of “harassment” several times a day. You can read the column on the Minding the Campus website.  

An excerpt after the jump...

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KPMG and Scott London: Long-Forgotten Devil's Deal Means Feds Are Unlikely to Bring Corporate Charges

On March 20 former KPMG partner Scott London admitted to passing confidential inside information to his friend Bryan Shaw, who reportedly traded on that information, making over a million dollars. In my most recent “Injustice Department” column for Forbes.com, co-authored with my research assistants Juliana DeVries and Zachary Bloom, I explain how appalling violations of trust are nothing new to the KPMG leadership, considering their long-forgotten devil’s deal with the U.S. Department of Justice back in 2004, whereby the firm “cooperated” with the government and threw its employees and clients under the bus. A culture of betrayal is made almost inevitable by the prosecutorial  tactics of the DOJ, which turn colleague against colleague and company against employee on the basis of not-always-truthful testimony.

You canfind the column here, on my "Injustice Department" blog.

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Climbing the Ladder to Steven A. Cohen

I was struck recently by a page-one story in the Wall Street Journal about the latest arrest in the Department of Justice’s ongoing investigation of alleged insider trading at SAC Capital, a prominent hedge fund. So far six people have pleaded guilty or been convicted, and four have agreed to “cooperate.” It is the meaning of “cooperation” that is at the heart of my opinion piece.

 

You will find my column in today’s paper on the “Opinion” page, or on the Wall Street Journal’s website.
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