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U.S. Asks to Stay Briefing Schedule and for a Word Count Extension in U.S. v. Auernheimer (weev) Appeal

U.S. v. Auernheimer, No. 13-1816,  requesting permission to exceed the normal word limit for an opposition brief on appeal.  The normal limit for an opposition brief is 14,000 words.  The motion states that  “[t]he [appellant’s] brief raises serious substantive challenges to the Government’s prosecution of Mr. Auernheimer, and several of the legal issues raised are questions of first impression in this Circuit.”  The motion also notes that four amicus briefs on behalf of appellant Andrew Auernheimer (weev) were filed. Therefore, the government argues, they should be permitted to file a brief containing 26,500 words and the briefing schedule should be stayed until the Court decides the motion.  Here’s the motion: US Mot for Word Extension 8.6.13 (TE)]]]]> ]]>

Road to Nowhere

In Liminae: The Road to Nowhere

It takes us about six hours to drive to the rural state jail (that’s owned by two judges) the Feds contracted with to hold our client. Accused of computer crimes, he can’t effectively review evidence in jail – there’s no practical access to computers in the gulag. They’ve seized all his assets claiming they’re the ill-gotten gains of crimes the government can’t identify, and their computer forensics – if you can call them that – have no scientific basis and are full of basic errors and typos. In my decade as a federal criminal defense lawyer doing computer cases across the country, I’ve never come across a case where the government was so completely off.

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Guilty Until Proven Innocent

A defendant’s view from the trenches of federal criminal court This post is originally published to Substack. You can read and follow us there.

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