Bennett L. Gershman

March 22, 2004 | National Law Journal

Martha Stewart stands convicted primarily of lying to federal officials in informal interviews about a matter that did not result in her prosecution for substantive criminal wrongdoing. As a result of her lies, she will lose her liberty, her reputation and her financial empire. One lesson from this case is that it's bad to lie, particularly to a federal prosecutor, because he will catch you and punish you. But many will appreciate the irony in such a prosecution.

By Bennett L. Gershman and Joel CohenSpecial to The National Law Journal

5 minute read

January 28, 2008 | National Law Journal

The Mitchell Report's public identification of 85 baseball players as illegal drug users is a dangerous practice. U.S. history is replete with public accusations, often false, of people being witches and communists. While the Mitchell Report may seem to continue this prejudicial behavior, the report would have appeared less credible and received less attention if players hadn't been named.

By Joel Cohen Bennett L. Gershman / Special to The National Law Journal

5 minute read

October 08, 2007 | National Law Journal

The news of presidential candidate Fred Thompson's involvement in the legal representation of two Libyans charged in the Pan Am 103 bombing is not about a lawyer's ethical choice to defend an unpopular client. The real question is whether Thompson and his partners had any affirmative obligation to represent the terrorists, and whether the public has a right to consider that choice of representation � and subsequent justification � in evaluating Thompson's character and fitness to be president.

By Joel Cohen & Bennett L. Gershman / Special to The National Law Journal

5 minute read

October 12, 2007 | New Jersey Law Journal

The public has a right to consider Fred Thompson's that choice of representation of two Libyans in eh Pan Am 103 bombing in evaluating his judgment and fitness to be president.

By Joel Cohen and Bennett L. Gershman

5 minute read

February 01, 2008 | New Jersey Law Journal

Given the protocol George Mitchell chose in his report on illegal drug use by Major League Baseball players, there may be innocent victims whose protestations will be heard but, in most cases, not believed.

By Joel Cohen and Bennett L. Gershman

5 minute read

October 15, 2004 | Law.com

In an extraordinary August filing in U.S. district court in Michigan, senior federal prosecutors confessed to the trial judge that the high-profile Detroit "sleeper cell" terrorism convictions in June 2003 were riddled with prosecutorial misconduct. To the extent that the war on terrorism offers opportunities for the government to act outside the Constitution, the Detroit terrorist case and its aftermath demonstrate that the government is capable of acting both irresponsibly and responsibly.

By Bennett L. Gershman

5 minute read

June 25, 2008 | New Jersey Law Journal

Blaming the acquittal of three police officers for killing Sean Bell in Queens, N.Y., on prosecutorial ineptness is misdirected. It ignores crucial considerations that no fair-minded prosecutor could avoid.

By Bennett L. Gershman and Joel Cohen

5 minute read

February 23, 2007 | New Jersey Law Journal

The conduct of the prosecutor in the case against Duke lacrosse players should be examined because it illuminates the ethical guideposts for a prosecutor.

By Bennett L. Gershman and Joel Cohen

4 minute read

August 01, 2007 | National Law Journal

The U.S. Supreme Court, we have learned this term, has succumbed, like most Americans, to the Die Hard/Terminator culture of Hollywood. That culture, really a way to sell movies, presents murder, major mayhem and all-out destruction to generate not only fear and excitement, but also, and most importantly, enthusiastic rooting for the hero at the center of the action.

By Bennett L. Gershman / Special to The National Law Journal

5 minute read

July 28, 2003 | New Jersey Law Journal

Criminal defense attorneys' communications with public relations professionals should be protected.

By Joel Cohen and Bennett L. Gershman

5 minute read