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Election and Political Law Litigation White Collar Crime

Equal Justice Should Apply to All, Including the President’s Friends

This article considers certain positions taken by DOJ in cases involving Roger Stone, Michael Flynn and the subpoenas duces tecum issued by the New York District Attorney’s Office in connection with its investigation into the Trump Organization.

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In the past year, we have seen the Department of Justice (DOJ), under the direction of now-former Attorney General William Barr, present arguments in several cases that implicate the conduct of either President Donald Trump or his close advisors. In this article, we consider certain positions taken by DOJ in cases involving Roger Stone, Michael Flynn and the subpoenas duces tecum issued by the New York District Attorney’s Office in connection with its investigation into the Trump Organization. In each instance, DOJ has taken positions that diverge from the positions usually taken by DOJ prosecutors in ordinary criminal prosecutions.

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