• Special Counsel

    More SiriusXM: Flynn, Cohen and Manafort

      A great deal happened last week in the world of Special Counsel Mueller, including the outcomes afforded three different defendants: Mike Flynn, Michael Cohen and Paul Manafort.  I was delighted to be again on Sirius XM’s POTUS channel with host Olivier Knox of “The Big Picture” to run down the week’s events:    

  • Cooperation Agreements,  Presumption of Innocence,  Sentencing

    Why Innocent People Plead Guilty: Judge Rakoff, Eddie Coyle, Albert Camus and Sweet Dreams of Oppression

    If they give awards for “Best White-Collar Article of The Year,” I wish to nominate one.  And it’s not even, strictly speaking, an article only about white-collar crime. Jed Rakoff is a federal district judge in the Southern District of New York (in other words, in Manhattan).  We have mentioned Judge Rakoff before, here and here.  He also famously criticized DOJ’s failure, as he perceived it, to prosecute individual executives in the financial crisis. Here, he has a thoughtful article on Why Innocent People Plead Guilty. Portions bear quoting at some length: The criminal justice system in the United States today bears little relationship to what the Founding Fathers contemplated, what the…