• Public Corruption,  Special Counsel,  Witnesses

    Special Counsel, Special President, Special Interview

    To interview or not interview? A common question not just for the President of the United States but for any executive, business owner, professional or officeholder who might be approached by agents or prosecutors: We have earlier addressed the perils of interviews here . . . and here: All witnesses do well to bear in mind Proverbs 18:17: “The one who states his case first seems right, until the other comes and examines him.”

  • Impeachment,  Public Corruption

    Impeachment Lessons and The Midnight Special

    This post will eventually test your affinity for the 1970s, which featured both Richard Nixon and The Midnight Special. The Special was formative in my teenage years, which explains a great deal. But first, many thanks to the Network of Trial Law Firms for the opportunity to speak in New York on “Impeachment Lessons for Internal Investigations”: People sometimes ask for good basic texts about impeachment generally.  Here are a few suggestions: Impeachment: A Handbook by Charles Black.  This slender, clear, nuanced volume is where you should start. As noted by Lawfare blog: The most important book ever written on presidential impeachment is only 69 pages long. Charles Black, Jr.,’s Impeachment:…

  • Public Corruption

    Public Corruption, Alabama, the Hurry-Up Offense and Lynyrd Skynyrd

    According to the  FCPA Blog, Alabama is supposedly the 6th most-corrupt state in the Union.  Mississippi takes top honors.  Oregon claims to be the least corrupt.  (Perhaps the Ducks’ hurry-up offense leaves no time for kickbacks).  Here is the full study. By “corruption,” the authors focus on public corruption as prosecuted by DOJ’s Public Integrity Section.     Public Integrity’s track record in Alabama has been mixed, though, most recently in the “bingo” acquittals. For some white-collar defendants, it may be Sweet Home, Alabama after all, but there can be immense pain, expense and destruction along the way.