Latest Case: United States v. Debarros Cabral (Criminal Law)

The Coronavirus and the Election: Trump’s Fateful Decisions Are Shocking and Disqualifying

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan explains why President Trump’s inept handling of the COVID-19 pandemic should disqualify him from even running for reelection, let alone returning to office. Buchanan argues that it is shocking that we cannot predict the outcome of the 2020 election in light of Trump’s failure to address the biggest health crisis in a century and his consistent efforts to undermine the public response every step of the way.

Read More

Election Day 2020: A Good Day to End the GOP’s War on Women

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman describes the myriad ways the Trump administration has harmed the interests of women and expresses hope that the outcome of the 2020 Presidential Election will mark the end of the GOP’s war on women. Grossman notes that if Biden and the Democrats win the White House and Congress, they will have not only the opportunity but the obligation to restore what the modern GOP has destroyed.

Read More

States of Anxiety: Will Federalism Save Democracy in America?

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, explains why federalism—the autonomy of the states in our country—has been a significant barrier to many of the authoritarian projects Trump has advanced or considered. Falvy argues that the same autonomy should prevent Trump from manipulating the election results decisively in his own favor.

Read More

United States v. Debarros Cabral

Docket: 19-408

Opinion Date: November 2, 2020

Judge: Joseph F. Bianco

Areas of Law: Criminal Law

The Second Circuit affirmed defendant's conviction for one count of bank fraud based on a conditional guilty plea. Defendant argued that the 11-year delay between his 2007 indictment and 2018 arrest violated his Sixth Amendment right to a speedy trial. The court applied the Barker factors and held that the district court did not violate defendant's Sixth Amendment right to a speedy trial. In this case, the district court did not clearly err in finding that the delay was attributable to defendant fleeing to Brazil in 2006 to avoid prosecution; the government exercised reasonable diligence in determining whether defendant returned to the United States despite its failure to detect his periodic travel into and out of the United States from 2012 until his arrest in 2018, and defendant has shown no prejudice from the delay. Furthermore, the district court properly balanced the Barker factors in concluding that the delay, though lengthy, did not violate the Sixth Amendment.