Law of the Case

By: Alex Grant
  • Summary

  • The straight scoop on the law from a former Dept of Justice prosecutor with over 20 years of investigating and prosecuting nearly every kind of federal crime. Analyzing the stories and issues missed by journalists who have never stood up in a courtroom.
    Copyright 2024 All rights reserved.
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Episodes
  • Trump shooter's phone and the problem of encryption
    Jul 17 2024

    Former DOJ criminal prosecutor Alex Grant reacts to the news that the Trump attempted assassination investigation was hampered by the encryption on the shooter's phone. Alex laments that law enforcement is still dealing with this encryption issue, even after a judge issues a search warrant. This is eight years after the San Bernardino terrorist attack and a locked iPhone pitted the FBI against Apple. Alex also talks about how this was a recurring problem in serious criminal cases he investigated.

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    21 mins
  • Extreme Textualism in Bump Stock Case
    Jun 22 2024

    The Supreme Court struck down President Trump's executive action banning bump stocks, a device that allowed the Las Vegas shooter to convert a semi-automatic rifle into a functional machine gun. Former DOJ prosecutor Alex Grant explains how the six-person conservative majority's fidelity to textualism overrode the liberals' competing textual argument and defeated Congress's intent in passing the machine gun statute.

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    27 mins
  • The Missing Jury Instruction that Will Upend the Trump Verdict on Appeal
    Jun 12 2024

    Former DOJ criminal prosecutor Alex Grant explains how the jury instructions contained a fatal flaw that should lead to a reversal of the Trump verdict on appeal. The prosecution's burden of proof included showing that Trump acted willfully, and Judge Merchan completely failed to explain the legal meaning of willfully, which is very different from its everyday meaning. That's reversible error.

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    47 mins

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