$35/egg but what an omelette

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This is pretty scary sounding to me – if a judge recommends that you plea to 2nd degree murder and take 20 years, how are you going to feel like you will get a fair trial if you say no and proceed to a trial presided over by the same judge.

Moreover, when would this conference happen? The judge is supposed to “examine each party’s position and recommend a non-binding plea bargain” – how does a judge get into the position to make that assessment? Isn’t that the whole point of a trial?

I feel like this is probably not a really well articulated account of Rakoff’s proposal since Rakoff is, generally speaking, a straight baller.

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Whoa Cristina Gutierrez was disbarred? I have no recollection of this being mentioned on Serial, but it must have been since Sarah Koenig literally wrote an article about it in 2001 for the Baltimore Sun!

(Did Sarah Koenig mention that she wrote about Gutierrez on the podcast? I don’t remember but that doesn’t mean she didn’t…)

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read the definitive account of the short life of the public corruption Moreland Commission here

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Reference to the 1999 shooting of unarmed of Guinean immigrant Amadou Diallo in the Bronx.

Diallo was shot 41 times by NYPD officers who mistook his wallet for a gun.

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The legal concept of “honest services” comes from language added to the the federal mail and wire fraud statute in 1988:

For the purposes of this chapter, the term scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services.

One might expect that public officials accused of bribery would be prosecuted under the “bribery and gratuities” federal statute. But a recent Supreme Court opinion has circumscribed the use of the bribery statute, with the Court writing that

where precisely targeted prohibitions are commonplace, and where more general prohibitions have been qualified by numerous exceptions… a statute… that can linguistically be interpreted to be either a meat axe or a scalpel should reasonably be taken to be the latter.

This language (from United States v. Sun-Diamond Growers of California) has caused many federal public corruption prosecutions to shift over to the “meat axe” of honest services fraud.

Read more about scalpels and meat axes here.

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amazing that this is silver’s only public statement (not from his lawyers) upon his arrest

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