June 24, 2010
NACDL President Comments on Honest Services Trilogy
GUEST BLOGGER-SOLOMON L. WISENBERG
Here is a press release from the National Association of Criminal Defense Lawyers ("NACDL") containing NACDL President Cynthia Orr's comments on today's U.S. Supreme Court honest services opinions. Orr is “heartened that the Court has unambiguously rejected government arguments that the ‘honest services’ fraud statute can be properly used across as broad a range of conduct as the government has sought to do in recent years.” Nonetheless she is"disappointed that the Court has held that there remains a place in our criminal justice system for a statute on whose meaning few can agree.” (In various friend of the court briefs, NACDL has taken the position, now shared by Justices Scalia, Thomas, and Kennedy, that 18 U.S.C. Section 1346 is unconstitutionally vague.)
Orr expects “to see future litigation surrounding efforts by prosecutors to wedge their cases into the ‘bribe or kickback’ paradigm to which the Court has now limited this statute.” Of this we can be sure.
The NACDL press release also bemoans the portion of the Skilling opinion which "shockingly found that pre-trial publicity and community prejudice did not prevent Mr. Skilling from obtaining a fair trial. In fact, though, there has not been a more poisoned jury pool since the notorious first robbery and murder trial of Wilbert Rideau in Louisiana."
TrackBack URL for this entry:
Listed below are links to weblogs that reference NACDL President Comments on Honest Services Trilogy:
It has probably happened to you: you're reading articles or watching videos on the web, and you come across some unrelated, gibberish comments. You may wonder what this is all about. Some webmasters abuse other sites by exploiting their comment fields, posting tons of links that point back to the poster's site in an attempt to boost their site's ranking. Others might tweak this approach a bit by posting a generic comment (like "Nice site!") with a commercial user name linking to their site.
Posted by: smc | Jul 27, 2010 3:21:36 AM