I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

Missing Posts: If you have a link to a post that's not here or are looking for posts from Summer of 2010, check this page.


Jerry Mitchell summarizes the state of play on honest services fraud

Jerry Mitchell wrote Sunday about honest services fraud cases.  Before getting to that, there’s a news bit that repeats an interesting bit from a prior story about the Paul Minor proseuction.  Previously, I’d posted about the most interesting unexplained bit in a story about the Minor case.  He repeats it here:

U.S. Attorney Don […]

Judge Davidson rejects Delaughter’s motions to dismiss the mail fraud and bribery charges

Update: adding Judge Davidson’s opinions.

Early in his opinion denying DeLaughter’s motion to dismiss the mail fraud count, Judge Davidson strongly signals how much he’s not buying arguments that diminish the seriousness of what’s at issue:

DeLaughter, in the introduction to his motion, diminishes the charges against him.  According to DeLaughter, the Government seeks […]

Some notes on Judge DeLaughter’s reply on his motion to to dismiss

The Defense motion to dismiss the indictment had what I described as clever arguments, but I thought went off the cliff trying to argue that no one would attach any value to a call from a United States Senator that they were being considered for a position on the federal bench. Thus, the argument […]

Judge DeLaughter also replied in support of his motions to dismiss

In addition to the pleadings just noted, last night Judge DeLaughter filed a reply on his motions to dismiss the mail fraud and the bribery counts of the indictment.  I don’t have time to comment on that one right now (it’s more complex than the other two) and will try to get to it […]

Sunday Morning Various

Jerry Mitchell writes about the Government Responses to DeLaughter Motions. His story summarizes where things are but doesn’t really add anything.  There’s also an oddly written Adam Lynch piece in the Jackson Free Press suggesting that a ruling in the Paul Minor case could be good news for Judge DeLaughter.  First, of course, […]

Some Thoughts on the Paul Minor oral argument

I’m going to post some thoughts on the Paul Minor oral argument before I read any of the online stories; I’ll post about them later. A partial transcript of the oral argument in the Paul Minor case is online at the Raw Story site, here.  The primary issue in the appeal, at least from […]

Some notes on Judge DeLaughter’s motions and a response to Alan Lange

In an interesting post, Alan Lange reads the pile of motions in the DeLaughter case and notices that they present an attack on the offenses relating to the alleged bribery scheme (that is, the mail fraud and bribery counts) but not the count based on lying to the F.B.I.

He’s right, of course, and […]

Judge DeLaughter’s Motion Barrage, Part Three: What’s in the mail fraud motion

I previously wrote a long post about what I saw as the mail fraud issues present in the DeLaughter indictment.  One side (the defense side, obviously) of a lot of the issues I thought present are raised in the motions Judge DeLaughter’s lawyers filed yesterday.  You might want to read that post to get […]

Judge DeLaughter’s Motion Barrage, Part Two: Mail Fraud Digression

From ghoulies and ghosties And long-leggedy beasties And things that go bump in the night, Good Lord, deliver us!

-Traditional Scottish Prayer

Second, the Court must not, by giving the language of §§ 1341 and 1346 an expansive interpretation, violate the prohibition on federal common law crimes, “a beastie that many decisions say cannot […]

Judge DeLaughter’s honest services and the theatricality of his Chicago lawyer

One of the charges against Judge DeLaughter is that his actions denied the state (or its citizens)  the benefit of his “honest services” and that this was mail fraud. I have written in some detail about the legal and factual issues that could arise from this. Shortly there after, the United Supreme Court declined […]