The rare moments of levity during the half-hour session at the Ninth Circuit on Sept. 2 in the Lacey/Larkin appeal came at the government’s expense as litigators jousted before a three-judge panel at the James R. Browning United States Courthouse…

Ninth Circuit Court of Appeals

On Sunday, the Ninth Circuit Court of Appeals tentatively scheduled oral arguments in the Lacey/Larkin case for Friday, September 2, nearly a year after prosecutorial misconduct caused a mistrial in the high-stakes First Amendment donnybrook. The hearing is one of…

The U.S. Department of Justice has wasted four years and untold millions of tax dollars on the wrongful prosecution of award-winning journalists and former Backpage owners Michael Lacey and Jim Larkin. Given the opportunity, the DOJ may waste more. Because…

Kool-Aid

Granted, the Jonestown Massacre may not be the perfect metaphor for Washington Post scribe E.J. Graff’s recent review of California prosecutor Maggy Krell’s book, Taking Down Backpage.  Still, the way Graff blindly glugs down Krell’s self-serving account of the latter’s…

On April 6, 2018, the U.S. government set a disturbing precedent in the annals of modern censorship by arresting award-winning newspapermen Michael Lacey and Jim Larkin and taking down Backpage.com, a classified ads site that reportedly served almost 1,000 cities…

Forget smoking guns. In an appellate brief filed recently at the Ninth Circuit, defense attorneys in the Lacey/Larkin case offer a series of flaming bazookas, detailing the prosecution’s unabashed intent to force the defense to move for a mistrial (and…