United States v. Clay

A Case Study in Overcriminalization and Unchecked Prosecutorial Discretion

NACDL Director of Public Affairs & Communications Ivan J. Dominguez recently had the opportunity to sit down with attorney Matt Kaiser, a partner at the firm of Kaiser, LeGrand & Dillon PLLC in Washington, DC. Mr. Kaiser was lead counsel on an amicus curiae, or friend-of-the-court, brief submitted to the United States Court of Appeals for the 11th Circuit in the case of United States v. Clay. The brief was submitted on behalf of the NACDL, the Reason Foundation, and Five Criminal and Health Law Scholars. NACDL produced a podcast episode – "United States v. Clay: A Case Study in Overcriminalization and Unchecked Prosecutorial Discretion" – which discusses the very serious issues implicated by the federal prosecution of the defendants in this case. That episode is available here.

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