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The Speech or Debate Clause
The U.S. Constitution provides unique immunity for federal legislators from prosecution, civil liability, and having to defend themselves outside the Congress for the performance of legislative acts: For “any Speech or Debate in either House,” Representatives and Senators “shall not be questioned in any other place.” U.S. Const. Art. I, ' 6, cl. 1. The Clause was developed in England over centuries of struggle between the Crown and Parliament to protect disfavored legislators from the wrath of the King. It was adopted at the Constitutional Convention without controversy and was largely of historical interest until the Supreme Court interpreted it in a criminal prosecution of a member of the House in 1966. United States v. Johnson, 383 U.S. 169 (1966). A recent indictment of a former Member of Congress has rekindled the legal debate over the scope and effect of the Speech or Debate clause and perhaps presages a return to the Supreme Court for a ruling to settle the conflict among the circuit courts about interpretation of the Clause. United States v. Renzi, et al., No. CR 08 022-TUC-DCB (D. Ariz.).
Some History
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.