August 10, 2012
50 Former Prosecutors (And Judges) Can't Be Wrong
The BLT reports here on the amicus brief filed by former federal prosecutors and judges in Ali Shaygan v. United States. At issue is whether the government can be fined and sanctioned under the Hyde Act, which covers vexatious, frivolous, or bad faith prosecutions, when the charges brought have an objectively reasonable basis in fact. In other words, can federal prosecutors act out of improper motives of bad faith and malice if they have a pretextual fig leaf to cover their actions? The WSJ Law Blog reports here on the brief, which was signed by yours truly, and greater lights.
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the Hyde Amendment is almost a nullity in the law because the hurdles are too high for a defendant ( and the defendant would have to be one of the very few who both go to trial AND pay for their defense out of their own funds--considering how few people do that AND could even possibly qualify under Hyde, you are talking about a tiny pool of people) USA Today did an investigative series on this which can be found a this link: http://www.usatoday.com/news/washington/judicial/2010-09-27-virginia-bank-hyde-amendment_N.htm
Posted by: folly | Aug 11, 2012 3:37:06 PM