FARWELL ARGUES DEFECT IN MURDER CHARGE REQUIRES DISMISSAL - Attorney reviews and analyzes motion скачать в хорошем качестве

FARWELL ARGUES DEFECT IN MURDER CHARGE REQUIRES DISMISSAL - Attorney reviews and analyzes motion

Matthew Farwell's prosecution for murder by the federal government requires that his case fit one of the limited circumstances under federal law where murder is considered a federal crime. His motion to dismiss argues that the indictment doesn't allege the necessary facts to support federal jurisdiction, so it must be dismissed. Unfortunately, it looks to me like his argument is pretty good. We go through the motion, look at some of the applicable law, and talk about what could happen. 0:00 Introduction 1:22 Background of the motion - it alleges a legal defect 2:42 The federal basis for jurisdiction is the issue 3:21 Looking at the indictment - specifically what's charged 8:12 Looking at the statute - what they have to prove 9:32 Back to the motion to see how serious it is 13:29 Discovery and how it relates to fair notice of the charge 15:50 The legal argument 17:01 The way charges have to be described in the indictment 21:13 Argument that the specific communication must be directed to a federal officer 23:13 Is "of the United States" an essential element of the charge? 27:02 If the federal officer requirement is required, do we have a serious factual problem? 34:42 If the grand jury hasn't made a finding on an essential element, it may not be a crime 35:28 Nonbinding cases support the defense's argument 39:49 The facts alleged raise questions about the basis for federal jurisdiction 42:13 A bill of particulars may be able to fix some issues, but not all 44:39 Essentially, the federal government would fish at trial for the basis to prosecute 46:46 The analogy: Contempt of Congress 49:51 What Farwell wants to happen 50:06 Don't sleep on the Federal Public Defenders 50:45 I'm sorry to say I think this is a good argument 53:45 So what happens if he wins? They can go back to the grand jury 55:46 They can also possibly pursue different crimes 59:09 Still, it means the Norfolk County DA election is pretty important for this case