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Justices wrestle with procedural issues stemming from their own federal criminal law decision

SCOTUSBlog

Second, “you simply cannot trust whatever record may have been constructed at the guilty plea colloquy where the defendant has no reason to know that the missing element has any salience at all.” ” Hearing Fisher’s invocation of “autonomy,” Alito asked how far that rationale could extend.

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FISA Report: FBI Continues to Violate FISA and Improperly Sought Information on Senator and Judge

JonathanTurley

The problem is that Wray has continued to refuse to answer the most basic questions about the FISA abuses, including a baffling denial that he even knew what “parallel construction” means in his testimony before this Committee this week. It hides the true origins of evidence from courts and in some cases, Congress.

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Ukraine dispatch: “‘negotiations’ are absolutely not the right word for what is going on”

JURIST

Just think about how the criminal law of Europe, the US or other western countries would characterize one person trying to force another person to give him a part of their property, while simultaneously putting gun to their head. We can also see constructive compromises from Ukraine.

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US Supreme Court hears oral argument on Miranda rights case

JURIST

Kagan warned that Martinez’s construction of Dickerson may undermine it and unsettle people’s understanding of the criminal justice system in as well as the court system’s legitimacy. During their lines of questioning, Supreme Court justices challenged both parties’ claims.

Court 244
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Supreme Shift (Part 3): More Barrett's Record

NewYorkCourtWatcher

Patrick Semansky/APForget about originalism or strict construction or deference to the legislative branch or other species of "judicial restraint." (I In the last post, we looked at two opinions of then-Judge Amy Coney Barrett while on the 7th Circuit Court of Appeals. They were dissents. One involved immigration, the other gun rights.

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ICC prosecutor seeks approval to reinstate Afghanistan investigations

JURIST

” Khan praised the former government’s “constructive engagement” with his office prior to August 15, the date on which the Taliban seized control of Kabul. The change of government led to the prosecutor’s office reconsidering the deferral.

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Supreme Court Upholds Ban on Encouraging Illegal Immigration

Constitutional Law Reporter

However, it went on to adopt a very narrow approach concluding that Congress used “encourage” and “induce” as terms of art referring to criminal solicitation and facilitation (thus capturing only a narrow band of speech). Justice Jackson argued that the majority abandoned traditional tools of statutory construction to reach its result. “It