Category: Part III

Burden of Proof The government has the burden of proving that a defendant committed any criminal offense beyond a reasonable doubt. Basis for Conviction In order to obtain a conviction under the following statutes, the government must prove the following elements beyond a reasonable doubt: False statements: The defendant made a statement or representation that was… Continue reading Durham Explains How the Law Works When You’re Evaluating Whether Someone Committed A Crime* →

What follows is a simple explanation of Part IIIC of the Durham Report, The Foreign Intelligence Surveillance Act ("FISA"). FISA is a law that allows the government to collect foreign intelligence information. It is a complex law, but it is an important tool for protecting the national security of the United States. Requirements FISA requires… Continue reading How the DOJ Changed the FISA Process In Response to FISA Abuse During the Trump Russia Collusion Investigation. →

The following is a simplified* version of Part IIIB of the Durham Report, "The FBI's Assessment and Investigation of Counterintelligence Matters." Counterintelligence Investigation Guidelines The FBI has a set of guidelines that it follows when investigating counterintelligence matters. These guidelines are designed to protect the privacy and civil liberties of individuals, while also ensuring that… Continue reading Why did the FBI jump to a full investigation instead of contacting Trump to set up a “defensive briefing” re: possible Russian infiltration of his campaign? →

The following is a simplified version of Part IIIA of the Durham Report, "Principles of Federal Prosecution." The Principles of Federal Prosecution are a set of guidelines that the U.S. Department of Justice uses to decide whether to prosecute someone. The principles include: Determination to prosecute: The attorney for the government should only prosecute someone if… Continue reading What are the principles used by DOJ to decide if someone should be prosecuted? →