Law of the Case

Trump shooter's phone and the problem of encryption

Former DOJ criminal prosecutor Alex Grant reacts to the news that the Trump attempted assassination investigation was hampered by the encryption on the shooter's phone. Alex laments that law enforcement is still dealing with this encryption issue, even after a judge issues a search warrant. This is eight years after the San Bernardino terrorist attack and a locked iPhone pitted the FBI against Apple. Alex also talks about how this was a recurring problem in serious criminal cases he investigated.

Extreme Textualism in Bump Stock Case

The Supreme Court struck down President Trump's executive action banning bump stocks, a device that allowed the Las Vegas shooter to convert a semi-automatic rifle into a functional machine gun. Former DOJ prosecutor Alex Grant explains how the six-person conservative majority's fidelity to textualism overrode the liberals' competing textual argument and defeated Congress's intent in passing the machine gun statute.

The Missing Jury Instruction that Will Upend the Trump Verdict on Appeal

Former DOJ criminal prosecutor Alex Grant explains how the jury instructions contained a fatal flaw that should lead to a reversal of the Trump verdict on appeal. The prosecution's burden of proof included showing that Trump acted willfully, and Judge Merchan completely failed to explain the legal meaning of willfully, which is very different from its everyday meaning. That's reversible error.

Way Too Long Closings and Dirty Tricks in Trump's Hush Money Trial

Former DOJ criminal prosecutor Alex Grant talks about a few things that were off kilter about the closing arguments in the hush money trial. The defense had no opportunity to respond and the prosecution went on for five hours, a test of endurance for the jury. And he talks about some typical dirty tricks the defense engaged in, and the conundrum that the prosecution faces in trying to respond to them.

The Intent Element at the Heart of Trump's Case

As Judge Merchan prepares to give the jury instructions in Trump's hush money trial, he is making a fateful decision on what the prosecution must prove about Trump's culpable state of mind. In this episode, former DOJ prosecutor Alex Grant breaks down this crucial issue that could lead to the nightmare scenario of a guilty verdict followed by a reversal on appeal if Judge Merchan gets this wrong. Alex explains that the New York false records statute requires the prosecution to meet the difficult standard of willfulness in order to convict Trump of the felonies charged in the indictment.