United States v. Silver

Memorandum of National Association of Criminal Defense Lawyers and New York State Association of Criminal Defense Lawyers as Amici Curiae In Support of Defendant’s Motion to Dismiss the Indictment.

Brief filed: 03/13/2015


United States v. Silver

S.D.N.Y.; Case No. 15-CR-93


Public advocacy by the United States Attorney conflicts with the proper role of a federal prosecutor. Dismissal of the indictment, polling the grand jury, or conducting an evidentiary hearing are appropriate and lawful sanctions for inappropriate prosecutorial grandstanding. The word ‘alleged’ does not talismanically erase prejudice.

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Joel B. Rudin, Law Offices of Joel B. Rudin, P.C., New York, NY; Joshua L. Dratel, Law Offices of Joshua L. Dratel, P.C., New York, New York; Richard D. Willstatter, Green & Willstatter, White Plains, NY.