Here We Go Again

November 18, 2015 by

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“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” Benjamin Franklin, 1755. “On Monday, in unusually raw language, John Brennan, the C.I.A. director, denounced what he called ‘hand-wringing’ over intrusive government spying.” N.Y. Times, November 17, 2015. In the aftermath of the 9/11 attack, Congress passed the Patriot Act, which greatly expanded surveillance of both foreigners and United States citizens. We gave up liberty and privacy to secure safety. Recently, after the Snowden revelations about the scope of liberty and privacy that was sacrificed in the name of security, some in […] More...

What’s The Impact Of The Yates Memo In The Real World?

September 24, 2015 by

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Heralded in a DOJ press release as the key to increased prosecutions of high-level corporate executives who have otherwise allegedly “insulated” themselves from criminal responsibility for corporate acts (presumably because they are, by definition, not involved in or even aware of criminal conduct by lower level employees), at least one aspect of the new DOJ policy on corporate “cooperation” has real-life consequences for how corporations respond to federal investigations in the future. The Yates Memo, promulgated by DOJ on September 9, 2015, provides in paragraph 1 of its “six key steps” that “to be eligible for any credit for cooperation, […] More...