I've got a new post with some of my favorite advice — now in e-edition! — over at Fault Lines.
Ken, you need to explain the Ninth Circuit's decision about the interaction between Section 512(f) of the DMCA and fair use law, particularly in the context of surviving motions to dismiss or summary judgment. Shan't. DO IT You can't make me. Fine. God. You're such a child. Will you write about SOMETHING please? . . […]
This week, federal prosecutors indicted former Speaker of the House Dennis Hastert. Hastert is charged with two federal crimes: structuring financial transactions to evade IRS reporting requirements in violation of 31 U.S.C. section 5324(a)(3) and lying to the FBI in violation of the notorious 18 U.S.C. section 1001. Both charges reflect the breadth of federal […]
One of the most consistent messages I offer here is about interactions with law enforcement, and can be expressed in two words — shut up — although "oh you dumb son of a bitch will you for the love of God shut up" might capture the flavor better.
It's my best piece of advice — and the advice most consistently ignored. If you're dealing with the government, and you are in any doubt, why won't you just shut up? Yesterday at Ars Technica, Nate Anderson had a great piece about the FBI's capture of a couple of meatheads who were extorting a professional […]
There's really no excuse for the fact that we don't have a "SHUT UP!" tag; I shall have to remedy that. After all, "SHUT UP!" is one of our most venerable and consistent themes. There's a reason for this. The reason lies at the heart of law enforcement methodology in general and federal law enforcement […]
Just before leaving the office last night I got a call from Greg, of Greg's Quality Plumbing. Greg does seem, on the phone anyway, to be a quality plumber: a nice guy running a six employee shop for new construction and homeowners. Unfortunately one of Greg's employees made a mistake, overtightening a compression nut on […]
Imagine this: It's a dark and gloomy six in the morning. You've just gotten out of bed. You are fuzzy-headed, bleary-eyed, badly in need of coffee. You haven't showered or dressed. You're in your underwear, or pajamas. Suddenly there's a thunderous pounding on the door, and loud men are shouting something at you. Your heart […]
I frequently advise clients who are the subjects of criminal investigations. They expect to be the subjects of search warrants or arrest warrants at any time. I give them all four key pieces of advice: 1. Shut up. 2. No, really. SHUT UP. 3. Because police may come to your house any day to arrest […]
Patrick already noted that the Blagojevich prosecution suffered an embarrassing reversal today. His take is entirely sensible. I write further only to point out what the verdict — a mistrial on 23 counts, and a guilty verdict on one count of lying to the FBI — says about criminal defense and dealing with the government. […]