201a Form 2011-2026

No. The US legal system depends on people challenging the status quo. The Justice Department can put out all the memos it likes, but in the US system, we are adversarial. It’s based on the principle of judicial review and the ONLY way a judge reviews a subject is when there’s a court case.That doesn’t mean that the Justice Department doesn’t issue statements. In a court case five-or-so years ago (in Georgia, I believe) a community sued a local group of Muslims who were building a Mosque. The community was asserting that Islam isn’t a religion per se but a political entity intent on subjugating the US†. The Justice Department sent a representative with a statement, telling the local court, “Ahem. The US government and Justice Department considers Islam to be a bona fide religion.” Which was entered into the court as evidence.But the JD has no real sway over what the judge decided. Had the judge ruled in favor of the local community (he didn’t), the Islamic group could and likely would have appealed to a higher court until they signNowed the Supreme Court (who would almost certainly have sided with the Islamic group). There are laws that govern the appropriate behavior of lawyers and there are bylaws of the Bar Association, but those are mostly to protect clients. I think it was Stephanie Vardavas who regaled us with a story about a lawyer who was notorious for violating proper behavior for lawyers over and over again and he kept his license. Then, one day, he violated the trust of one of his clients and the Bar Associate responded with such angry dispatch that one could’ve been forgiven for running to the ER for whiplash.The moral of that story being, “You can fuck with the law and the court all you like as a lawyer but if you fuck with your client, the Bar Association will come down on you so incredibly hard that you will rue the day you went to law school.”†Presumably those idiots forgot that even if that were true —it isn’t— that political beliefs and gatherings are protected under the very same amendment of the US Constitution.

Twitter has resisted - the gag order that came along with the subpoena was lifted, which I understand gives the Wikileaks account holders 10 days to fight this. We would not have heard about this unless Twitter had made a stand, so my reading is that Twitter think they have a strong position - they are certainly not taking it lying down so far.I think the issuance of the subpoena from Virginia is for a very specific reason, as I've heard there is an exemption in Californian and Virginian State law that the Department of Justice may be hoping can be applied. Any US legal experts out there to clarify?

You're misunderstanding how prosecution works, and it is important to understand because your question is a good and legitimate one.A prosecutor has various tools at her disposal to try to accomplish justice and deter future misconduct.  Each tool has pros and cons.  For example, and certainly not as an exhaustive list:Seek criminal charges based on X type of misconduct.  In a criminal case the government must prove guilt beyond a reasonable doubt.  That is very hard to do.  It will be a lengthy case against a defendant with a very high incentive to spend a lot of money defending the case.(Sometimes) seek civil charges based on the same conduct.  In short, the penalty is lower (nobody goes to prison, but somebody pays a large fine), but the case is easier for the government to win: it only needs to prove that the defendant more likely than not did the misconduct alleged.Negotiate a settlement with no admission of liability. Here the defendant agrees to pay a fine and enters into a public settlement agreement with the government that says that the company does not admit any wrongdoing. Often the defendant will also agree that or the next 5 or 10 years it will commit a certain amount of money to hire more internal personnel to routinely investigate for signs of similar wrongdoing and/or agree to be audited periodically by outside independent monitors for evidence of same.  This approach is far quicker for the prosecutor, consumes less of her very limited staff and financial resources, and guarantees that some form of justice is done.  Trial is a gamble. Negotiate a settlement with an admission of liability.  Same as above with a critical difference.  The company's settlement agreement contains the magic words: an admission that the company or its employees committed fraud, or a crime, or more vaguely "misconduct," or "deviated from company policy" or "deviated from accepted industry standards."  These are not minor semantics.  If the public settlement document contains these words, it essentially guarantees that the company will spend the next three to ten years defending itself from extremely costly private lawsuits by consumers or competitors. This is because those private lawsuits now can point to the settlement to show that the company has already admitted its liability and now the only question is how much it owes to victims as damages.  This vastly reduces the cost of bringing private lawsuits, thereby increasing their number.So the question of whether the defendant admits wrongdoing is extremely important.  I have defended financial services companies in investigations, and I can tell you that companies spend considerable time arguing with prosecutors over whether the settlement document will contain that admission.  It can mean tens or hundreds or millions of dollars in future legal fees and lawsuit judgments to a company.In brief: whether to seek prison time is only one of many factors a prosecutor considers.  The fact that she does not seek prison time absolutely does not mean she is going easy on anybody.  She may well feel that it is worth more to the public to secure a settlement that ensures that independent monitors will audit the company rigorously for the next ten years, as well as pay a stiff fine, rather than commit much of her limited staff and budget to a riskier attempt to put one employee in prison.(I have no involvement with the company mentioned in the question details. My answer refers to the general question, not to any particular company or industry).

Part 1: YES. Part 2: NO.All federal prosecutors are part of the United States Department of Justice.The prosecution of federal criminal cases in each of the U.S. District Courts is the responsibility of the U.S. Attorney for that District. The number of federal prosecutors in each District varies widely, depending on the number of federal legal matters (both criminal and civil) in each District.Attorneys from the Criminal Division of the Department of Justice in Washington, D.C., may also handle prosecutions throughout the United States, but the chief federal prosecutors are the 93 U.S. Attorneys, and the attorneys whom they supervise, the Assistant U.S. Attorneys.GUIDE TO CRIMINAL PROSECUTIONS IN THE UNITED STATES

Have the Department of Justice and U.S. Attorney's offices realigned their responsibilities? I now see the US DOJ credited where I would have expected U.S. attorneys to be credited in the past.No.United States Attorney's Offices are part of the Department of Justice. The reason you see the DOJ credited is because the DOJ has no jurisdictional boundary, so they are always involved in investigations, whereas USAOs only prosecute the crimes within their own district.

I do not understand by your statement of cruelty in DOJ. DOJ and all it’s 28 divisions FBI, ATFE, EOUSA, DEA, BOP and others provide humane and stellar service to Americans and aliens. Join DOJ and you will find out. Good Luck.

None. No government official has the power to direct any law enforcement agency anywhere in the United States to pursue criminal charges against anyone. The president (or anyone) can present evidence that gives rise to credible suspicion of illegal activity, and ask for an investigation (not a prosecution, nor for any specific charges), and then the agency has to make up its mind if an investigation is justified. If no, that’s the end of it. Nothing the president can legally do. If an investigation proceeds and does not find sufficient evidence to charge a crime, that’s it again. Nothing the president can do.On the other hand, the president can fire or threaten to fire anyone who declines to pursue unjustified charges, and keep doing this until he finds a lackey who will do it. At the moment, this president appears to possibly have his man in Whitaker. Time will tell whether Whitaker values his own future and freedom enough to resist closing down the investigations the president doesn’t like, and taking up baseless investigations that the president wants.

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