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Joel Cohen

Joel Cohen

April 20, 2023 | New York Law Journal

People vs. Donald Trump: An Inside Account

People vs. Donald Trump: An Inside Account By Mark Pomerantz Simon & Schuster, 2023, 294 pages Why did Mark Pomerantz write a book about…

By Joel Cohen 

7 minute read

April 13, 2023 | New York Law Journal

Trump: A Victim of Pretrial Publicity?

Manhattan DA Alvin Bragg has chosen to venture significantly beyond using the bare-bones indictment. Accordingly, while did he file a spartan Trump indictment, contemporaneously he filed a 13-page "Statement of Facts" that was made available to the public.

By Joel Cohen and Gerald B. Lefcourt

8 minute read

April 07, 2023 | New York Law Journal

When Prosecutors Create Blanket Non-Prosecution Policies

Florida Gov. Ron DeSantis might have actually raised the conundrum whether a prosecutor can ethically create a policy that his or her office decline, across-the-board, to prosecute certain crimes on the books—without exercising discretion in the individual case whether or not to charge?

By Joel Cohen

10 minute read

April 04, 2023 | New York Law Journal

Is There Value in Confirmation Hearings for Judicial Nominees?

Federal and state legislators who vote on judicial nominees should indeed ask hard questions of nominees, white-collar defense attorney Joel Cohen writes. Unquestionably, though, those tough questions are often irrelevant to the decisions that the judiciary committee members will make.

By Joel Cohen

7 minute read

March 15, 2023 | New York Law Journal

Whose Free Speech Was the Stanford Protest Really About?

Let him speak, and then speak out against it—and, if necessary, against him. If his thoughts are so odious, their odiousness will quickly become apparent to thinking people—that is, if your thoughts are better.

By Joel Cohen

5 minute read

March 01, 2023 | New York Law Journal

Chiseling at the Wall of Grand Jury Secrecy

Unless remedial steps are taken to patch the hole in grand jury secrecy chiseled open by Emily Kohrs, the forewoman for a grand jury in the Trump election hoax case before a Georgia court, great risk exists that grand jurors around the country will conclude that if she did it, they too can wherever in America they might be impaneled, our columnist writes.

By Joel Cohen

6 minute read

February 17, 2023 | New York Law Journal

Transparency and Judicial Misconduct

There is currently a debate in New York over whether to make disciplinary proceedings involving sitting state judges public. Currently, the New York State Senate is considering a bill that would bring into the open proceedings against state judges once they are formally accused of misconduct.

By Joel Cohen

7 minute read

February 10, 2023 | New York Law Journal

Gabby Petito: When an Attorney Publicly Comments

How far can a lawyer go in protecting the client in the court of public opinion?

By Joel Cohen and James L. Bernard

6 minute read

February 07, 2023 | New York Law Journal

Dershowitz and Addressing the Supreme Court Leak

Yes, the good professor is correct—great and continuing damage was inflicted on the Court's reputational integrity due to the leak. Surprisingly, though, he's willing to let the camel's nose inside the tent in order to get to the bottom of this particular scandal.

By Joel Cohen

5 minute read

January 25, 2023 | New York Law Journal

When a Lawyer Proposes To 'Dull' a Witness's Memory

Instructing or even softly encouraging a witness to testify "I don't remember" when the witness says that she does amounts to subornation of perjury and obstruction of justice, just as surely as telling the witness to simply "lie" if necessary about the incident under inquiry.

By Joel Cohen

7 minute read