• 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.”

  • Obstruction of Justice

    Barry Bonds, Ramblin’ Man

    The federal appeals court in San Francisco recently reversed baseball player Barry Bonds’s conviction for obstruction of justice. The criminal charge and conviction arose out of testimony that Bonds gave to a grand jury investigating the illegal provision and use of steroids in major league baseball.  As the Ninth Circuit Court of Appeals summarized it: During a grand jury proceeding, defendant gave a rambling, nonresponsive answer to a simple question.  Because there is insufficient evidence that Statement C was material, defendant’s conviction for obstruction of justice in violation of 18 U.S.C. 1503 is not supported by the record. Whatever section 1503’s scope may be in other circumstances, defendant’s conviction here must…