§Why CasetextPricing

Convertino v. United States Department of Justice

RESPONSE to 38 MOTION for Order to Show Cause Why David Ashenfelter Should not be Held in Civil Contempt, 39 MOTION for Sanctions

56 Cited authorities

  1. Pierce v. Underwood

    487 U.S. 552 (1988)   Cited 9,120 times   10 Legal Analyses
    Holding that when Congress reenacts a statute without changing its language, and when there is no indication that “Congress thought it was doing anything ... except reenacting and making permanent” the earlier legislation, a court should not give weight to legislative history pertaining to the reenactment

  2. Baxter v. Palmigiano

    425 U.S. 308 (1976)   Cited 2,608 times   8 Legal Analyses
    Holding that a party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference

  3. Fisher v. United States

    425 U.S. 391 (1976)   Cited 2,064 times   13 Legal Analyses
    Holding that act of producing evidence may, in some circumstances, trigger Fifth Amendment safeguards

  4. Malloy v. Hogan

    378 U.S. 1 (1964)   Cited 3,107 times   4 Legal Analyses
    Holding that a witness properly invoked the Fifth Amendment to refuse to answer questions about associates at the time of a prior gambling arrest, despite the expiration of the statute of limitations, because such disclosure “might furnish a link in a chain of evidence sufficient to connect the petitioner with a more recent crime”

  5. Kastigar v. United States

    406 U.S. 441 (1972)   Cited 2,165 times   22 Legal Analyses
    Holding that the Government may compel grand jury testimony from witnesses over Fifth Amendment objections if the witnesses receive "use and derivative use immunity"

  6. New York Times Co. v. United States

    403 U.S. 713 (1971)   Cited 863 times   3 Legal Analyses
    Holding that a claim of potential harm to national security does not provide the executive branch with unconstrained authority to override the freedom of the press

  7. Hoffman v. United States

    341 U.S. 479 (1951)   Cited 1,702 times   13 Legal Analyses
    Holding that a defendant could not be compelled to testify about the whereabouts of a fugitive witness where defendant’s answers would have "forge[d] links in a chain of facts imperiling [defendant] with conviction of a federal crime"

  8. United States v. Doe

    465 U.S. 605 (1984)   Cited 534 times   2 Legal Analyses
    Holding that the compelled production of a sole proprietorship's records would violate the Fifth Amendment

  9. Doe ex Rel. Rudy-Glanzer v. Glanzer

    232 F.3d 1258 (9th Cir. 2000)   Cited 294 times   2 Legal Analyses
    Holding "this new evidentiary rule [FRE 414] . . . was passed to make an exception to [FRE] 404(b), which imposed a blanket prohibition on propensity evidence."

  10. Mazus v. Dept. of Transp. of Pennsyl

    449 U.S. 1126 (1981)   Cited 145 times
    Holding that a municipality has standing to challenge the zoning ordinance of a neighboring municipality upon demonstrating that its corporate interests and responsibilities are directly and adversely affected by the ordinance

  11. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,955 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  12. Section 2 - Principals

    18 U.S.C. § 2   Cited 23,887 times   57 Legal Analyses
    Holding aiders and abettors punishable as principals under federal criminal law

  13. Section 371 - Conspiracy to commit offense or to defraud United States

    18 U.S.C. § 371   Cited 21,509 times   140 Legal Analyses
    Requiring proof of an "act to effect the object of the conspiracy"

  14. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,354 times   303 Legal Analyses
    Making false statements

  15. Section 552a - Records maintained on individuals

    5 U.S.C. § 552a   Cited 4,450 times   47 Legal Analyses
    Finding that it is a Department of Justice component that has as its principal function the enforcement of criminal laws includ[ing] correctional authorities

  16. Section 1512 - Tampering with a witness, victim, or an informant

    18 U.S.C. § 1512   Cited 4,367 times   41 Legal Analyses
    Defining "law enforcement officer" as "an officer or employee of the Federal Government "

  17. Rule 501 - Privilege in General

    Fed. R. Evid. 501   Cited 4,139 times   21 Legal Analyses
    Recognizing that "in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision"

  18. Section 641 - Public money, property or records

    18 U.S.C. § 641   Cited 2,940 times   22 Legal Analyses
    Requiring knowledge

  19. Section 3282 - Offenses not capital

    18 U.S.C. § 3282   Cited 1,836 times   27 Legal Analyses
    Providing general 5–year statute of limitations

  20. Section 1621 - Perjury generally

    18 U.S.C. § 1621   Cited 1,539 times   12 Legal Analyses
    Criminalizing perjury