Federal Defense Blog
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A place for practical federal criminal defense updates, practice tips, and guides, ContraFed's blog provides you with the tools necessary to understand federal criminal law and work within it to achieve great results. From investigation to the indictment, plea, and trial along with case law updates for the defendant or practitioner, ContraFed's blog is an invaluable resource.
Federal Defense Blog
1M ago
Judge Scott McAfee orders Willis and her office to step aside or to replace Wade.
Read the Order Here. Analysis of Judge McAfee’s Disqualification Ruling
Judge McAfee determined that the Defense did not meet the burden of proof to prove that the Prosecution suffered under an actual conflict. However, he ruled that there was an appearance of impropriety that inflicted the prosecution team going forward.
He believes this appearance must be removed by exercising one of two options. Discussed further down.
Let's start with the financial allegations. McAfee found the lack of documentation concerni ..read more
Federal Defense Blog
1M ago
Joe Biden's mental capacity is in question, but did special prosecutor Robert Hur do his due diligence to answer the most important questions of his investigation?
Ronald Chapman II, federal criminal defense attorney, talks about the implications Robert Hur's investigation outcome and its impact on modern-day justice ..read more
Federal Defense Blog
1M ago
Trial Before Election Unlikely After Fulton Dismissal
Link to the Order Dismissing Charges
Scott McAfee dismissed six charges against Trump and 18 charges against others. However, Georgia Superior Court Judge Scott McAfee's partial dismissal of the indictment still leaves much of the indictment intact.
Bottom line: The order did not recuse Fani Willis, she has the right to appeal. If this is done the trial will not proceed before the election. She may wish to proceed on remaining counts and race to trial but this is not a good strategy. Other legal challenges will prevent a trial from happeni ..read more
Federal Defense Blog
1M ago
Right after sitting down with Robert Hur, Joe Biden advised that at any moment he may be interrupted by an important global issue. He then proceeded to indicate lack of knowledge countless times about routine matters. Was Biden feigning ignorance? Is there a legal strategy behind this?
Lets dive deeper….
The Biden Classified Records Investigation
Both sides of the political spectrum have attacked Robert Hur’s report. Democrats say he set a trap for Biden and Republicans say that he should have recommended prosecution. The truth, neither. Our system of classified records and classification ..read more
Federal Defense Blog
1M ago
Fani Willis takes the stand in Fulton County to face questioning about her affair with special prosecutor as well as funds used to finance vacations. Nathan Wade was hired by Fani Willis to prosecute Former President Donald Trump and since has faced a motion to recuse by Natalie Merchant and Trump’s Lawyers ..read more
Federal Defense Blog
1M ago
Vindictive Prosecution?
Hunter Biden’s defense counsel is struggling.
Biden’s plea broke down before a federal judge in the middle of the plea hearing, a rare circumstance in any federal courtroom. Biden and his counsel then blamed the judge for being political. Next, Biden filed a motion for “vindictive and selective prosecution,” alleging that his prosecution was political despite Biden’s father being POTUS and the special counsel was appointed by his attorney general.
Special Counsel David Weiss filed a response disputing all of Biden’s claims and making many of them look unsupp ..read more
Federal Defense Blog
1M ago
The 6th Circuit Court of appeals narrows the effectiveness of “compassionate release” petitions and letters seeking compassionate release.
By: Ronald W. Chapman II
It wasn't as much of an order as a message for future litigants. Don't bring disingenuous compassionate release petitions. Here, the defendant argued that denial of RDAP "residential drug abuse treatment program" was a violation of his constitutional rights - despite not meeting the basic requirements for the program.
In United States v. Larry Everett Smith, the court went out of its way to make an example of a compassio ..read more
Federal Defense Blog
1M ago
Ronald W. Chapman II on Neil Cavuto’s Coast to Coast to discuss the myriad of Trump trials.
Donald Trump is facing several trials across various jurisdictions in the United States, each concerning different allegations and issues.
Here's an overview of the key trials, including their jurisdiction, case details, and expected trial dates: Federal Election Interference Case:
Jurisdiction: Washington, D.C.
Case Details: This case accuses Trump of plotting to overturn the results of the 2020 presidential election.
Trial Date: Trial TBD
New York Criminal Trial:
Jurisdiction: New York State
Case De ..read more
Federal Defense Blog
1M ago
Trump v. Anderson
The Supreme Court, in a unanimous decision, reversed the Colorado Supreme Court's ruling which had ordered that Donald J. Trump be excluded from the 2024 presidential primary ballot based on Section 3 of the Fourteenth Amendment. The Court held that the responsibility for enforcing Section 3 against federal officeholders and candidates rests with Congress, not the States. Therefore, Colorado's action to disqualify Trump from the ballot was found to be beyond the state's authority. All nine Justices agreed with the outcome, emphasizing that only Congress has the power to enfor ..read more
Federal Defense Blog
2M ago
By: Ronald Chapman II
Review the petition here: United States v. Kousisis, No. 19-2679
The wire fraud statute is broad but the Supreme Court has consistently sought to restrict it. Unfortunately, the Circuit Courts need a reminder occasionally that fraud statutes are not a vehicle for expansion of Federal power - namely federal police power.
Last term the Supreme Court decided Ciminelli v. United States, 598 U.S. 306 (2023). In that case the Supreme Court rejected the “right to control theory” determining that this is not a valid property interest covered by the Wire Fraud statute. Namely ..read more