Practice Points: Who Says Defense Counsel Can’t Cite the Justice Manual Against the Government?

Many lawyers believe that they cannot cite helpful provisions of the Justice Manual in support of their argument and against the government. It is true that courts invariably hold that Department of Justice guidelines and policies do not create enforceable rights, but nothing prevents lawyers from arguing that relevant provisions of the Justice Manual are persuasive authority.

Exclusive Content

Access to the page you selected is exclusive.

If you are a member or have acccess, Login

Members of NACDL receive access to exclusive content on the website along with many other benefits.