A search for exculpatory evidence -- He said he could have been swayed by exculpatory evidence if the White House had provided any.
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These were not -- HANNITY: Exculpatory nature in what way?
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But the Aunts of the world need no exculpatory rationale.
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Was it erased because he said things that were exculpatory.
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They hear only evidence of guilt and not exculpatory evidence.
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Why did you decide to cut out the exculpatory language?
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Prosecutors must disclose favorable or exculpatory evidence to the defense.
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Republicans are looking to Mr. Volker to provide exculpatory evidence.
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Adam Schiff: So can you rely on a false exculpatory?
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Tens of thousands of people lose their jobs withholding exculpatory evidence.
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They withheld exculpatory evidence that the judges should have known about.
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These were not-- (CROSSTALK) HANNITY: Exculpatory in nature in what way?
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By the way, the exculpatory material is in there too . . . somewhere.
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Not only does incompetence equal innocence, but also paranoia is exculpatory.
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These guys know -- HANNITY: Sullivan said I&aposll decide what&aposs exculpatory.
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Nunes has said the FBI intentionally hid exculpatory evidence from the judges.
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In addition, Trump's later actions undermine the exculpatory version of his decision.
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Maryland, prosecutors must provide defendants with exculpatory evidence, even after a conviction.
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But the question now becomes Rudy Giuliani saying that it&aposs exculpatory.
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Some conservatives have embraced the theory that Mr. Flynn's nonchalance was exculpatory.
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Maryland which held prosecutors must turn over any exculpatory evidence to defendants.
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Trump Jr.'s DMs with WikiLeaks, meanwhile, could even be construed as exculpatory.
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There is no constitutional requirement that prosecutors must disclose exculpatory evidence at trial.
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But Phillips wasn't made aware of this exculpatory evidence until four more years.
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"If they thought it would be exculpatory, they miscalculated badly," GOP former Sen.
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If they thought it would be exculpatory, they'd be happy to do it.
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His report documents how direct exculpatory information was quickly shared with the FBI.
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Despite Mr. Trump's exhortations that Americans "read the transcript," it is not exculpatory.
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Defense lawyers say that the police ignored basic exculpatory evidence during their subsequent investigation.
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This one sided evidence was not subject to cross examination, exculpatory contradiction, or impeachment.
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It need not include exculpatory evidence, even if such evidence is known to prosecutors.
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In each case, prosecutors were found to have withheld exculpatory evidence from the defense.
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Or else a confession with a exculpatory factor: I am deathly allergic to shrimp.
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"In the big scheme of things, it's powerful exculpatory evidence," Giuliani told the newspaper.
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I was always looking for some exculpatory story on which to train my sympathy.
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They proposed a story, instead, about "exculpatory" material, which they attached to the email.
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The Justice Department litigated for years to deny the "exculpatory no" to average citizens.
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They were keeping, omitting exculpatory information and hiding their back-channel to the Clinton campaign.
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HANNITY: What about the Mueller team, Andrew Weissmann who excoriated by judges withholding exculpatory evidence?
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"Penn casts the defendant's drug trafficking activities in various exculpatory lights," the government memo said.
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"They will report what the results are — whether they are exculpatory or not," he said.
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In Mr. Harris's case, the prosecutor who tried the matter had not disclosed exculpatory evidence.
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Had the FISA court been aware of this, it could have been exculpatory for Page.
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But the top-line takeaway is that the White House's summary is anything but exculpatory.
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The prosecutor in the case told a straight-up lie about exculpatory evidence he had.
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Accusers would be interviewed at length, so would anyone else with relevant information — supportive or exculpatory.
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Trump tweeted a quote from a fellow Republican on Wednesday as some kind of exculpatory argument.
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" Giuliani has claimed the rest of the recording -- had it not stopped -- would have been "exculpatory.
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But even those comments were not as exculpatory for Manafort as Trump would have you believe.
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Over the past decade, many courts have been reluctant to admit brain scans as exculpatory evidence.
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"If he has information that is exculpatory ... then we look forward to seeing it," Pelosi added.
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" He also added that "from its inception, the evidence produced by the investigation was consistently exculpatory.
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Jonathan Turley: It's not the exculpatory moment that [Trump lawyer Rudy] Giuliani described before its release.
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But what&aposs even worse is the exculpatory evidence that they left on the cutting room floor.
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In 19463, the Church cancelled the exculpatory powers of already purchased indulgences for the next eight years.
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As time passes, memories fade, alibi witnesses die or move away, and potentially exculpatory evidence is lost.
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Sullivan simply ordered prosecutors to comply with their obligations of disclosure of exculpatory evidence to the defense.
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Mr. Hussain's attorney, Joseph Tacopina, said that the new information about the falsified brake job was exculpatory.
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That included the altering of an email by an FBI lawyer that might have provided exculpatory information.
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"This clears the decks for us," a Trump campaign adviser said, expressing hope for an exculpatory outcome.
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Far from being exculpatory, as Trump had previously suggested, it gave new fuel to the impeachment effort.
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A third phase could allow the White House and Trump to present exculpatory evidence and call witnesses.
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Horowitz details how all of the evidence proved exculpatory of any collusion or conspiracy with the Russians.
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This exculpatory perfect storm was well suited to an ensuing decade of megabankruptcies that made Enron's look quaint.
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That will almost certainly leak (from Democrats if it is damning, from Republicans if it is largely exculpatory).
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Why would someone hire somebody with that record that has been excoriated by judges to holding exculpatory evidence?
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HANNITY: But he is also the one that gives the most exculpatory evidence on a couple of points.
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"FISAs aren't required to include exculpatory evidence," one official told me on background in a recent text message.
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And Congress now has confirmed that exculpatory evidence was omitted from the FISA warrant requested from the court.
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Yet no exculpatory evidence — not a single police report or witness statement — was ever turned over to me.
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Any exculpatory evidence must be disclosed to the defense, though attorneys need security clearances to see classified information.
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The Israelis handpicked the documents shown to the reporters, meaning that exculpatory material could have been left out.
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|
Prosecutors are also required to reveal possibly exculpatory evidence to the defense far earlier in the discovery process.
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Mumphery provided a DNA swab to the police and turned over what he viewed as exculpatory text messages.
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Soon after the verdict, the prosecution came forward with exculpatory evidence that had been withheld from the defense.
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"The fact that something was paid by check is not exculpatory in the slightest," the former prosecutor said.
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Defense lawyer Alan Jackson grilled him over his cellphone and whether he deleted texts that were exculpatory for Spacey.
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E-mails she said had been taken out of context did not, when made public, offer much exculpatory evidence.
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Maryland, defendants have the right to procure any and all potentially exculpatory evidence assembled against them by law enforcement.
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GIULIANI: He&aposs done something -- this might sound like a strange thing but he has with withheld exculpatory evidence.
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Is this the same Weissmann running this case, wasn&apost he excoriated by two judges for holding exculpatory evidence?
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GIULIANI: How about the ones who have already been cited for ethic violations for not turning over exculpatory material?
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|
Perhaps the information was downright exculpatory; if not, perhaps they thought he could put a pretty face on it.
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It is possible, though unlikely in light of this and other reports, that Comey's testimony will be legally exculpatory.
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|
It's a simple exculpatory narrative: The White House responded to allegations of abuse the way any responsible employer would.
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|
Papadopoulos and Mangiante teased that they may have "exculpatory evidence" that would show he was set up by authorities.
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|
Ted Stevens (R-Alaska), in which the judge faulted prosecutors for misconduct in failing to turn over exculpatory evidence.
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|
" And at another, in an endearingly self-effacing vein that kept recurring: "I don't know what exculpatory evidence is.
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|
At a hearing in 2015, the four presented exculpatory evidence — including some that pointed to lapses by law enforcement.
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What's more, he shifted his story in a self-exculpatory way, apparently designed to avoid becoming a fall guy.
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|
For him, the fact that Trump was seeking help for his re-election was not incriminating; it is exculpatory.
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|
Maryland,defendants have the right to procure any and all potentially exculpatory evidence assembled against them by law enforcement.
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|
In 2018, a federal jury found that San Francisco police officers fabricated evidence against him and withheld exculpatory evidence.
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|
The report's volume on obstruction, which is exhaustive in its breadth and detail, includes very little exculpatory evidence for Trump.
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|
The law does not even call for the prosecutor to share with grand jurors exculpatory evidence in the government's files.
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|
Because Tesla controls potentially exculpatory evidence, the parties should have the opportunity to take discovery in advance of the hearing.
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|
Giuliani said he believes the missing sections of the conversation include "exculpatory" statements that would prove the president was innocent.
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|
And under Mr. Gonzalez, the office has increased its training on how to handle exculpatory evidence and avoid false confessions.
|
|
Prosecutors dismissed or ignored many pieces of potentially exculpatory evidence, like an unidentified palm print in the bedroom where Mrs.
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On Tuesday, Ms. Powell again accused prosecutors of hiding exculpatory evidence, known as Brady material, that would exonerate her client.
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|
So if the focus and the objective of prosecutors shifts away from winning to doing justice, and then if they come across potentially exculpatory evidence [which could prove the defendant is not guilty] or actually exculpatory evidence, that person might be more inclined to turn it over to the defense, as they're required to.
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|
Before CNN aired the audio, Rudy Giuliani, one of Trump's lawyers, suggested the tape was actually exculpatory evidence for the president.
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|
And when Deripaska laughed at the idea of Trump collusion with Russia, was that exculpatory information conveyed to the FISA court?
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|
Spacey's defense team claimed exculpatory evidence may have been deleted from the phone before it was given to police and prosecutors.
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|
Number three, there is exculpatory evidence that we have --that we have seen of classified documents that need to be declassified.
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|
Maryland, where the Supreme Court held that withholding exculpatory evidence violated a defendant's right to due process under the Fourteenth Amendment.
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|
Maryland, prosecutors are required to turn over any exculpatory evidence to a defendant that could materially affect a verdict or sentence.
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|
But even a swindler is entitled to fair treatment by prosecutors, including the constitutionally protected right to see any exculpatory evidence.
|
|
Ms. Morrison has served as lead or co-counsel for 28 prisoners set free by new DNA or other exculpatory evidence.
|
|
For one, the FBI omitted exculpatory information from the FISA court, which could have affected the decision to approve the surveillance.
|
|
He has hired new lawyers, who accused the government on Tuesday of hiding exculpatory evidence, as they have in court papers.
|
|
Yet Republicans have been concerned that FBI agents left out exculpatory evidence that could have favored Page when obtaining the warrants.
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|
He praised what he described as GOP lawyers' effective questioning of Taylor but declined to say whether it yielded exculpatory information.
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|
He believes there's exculpatory evidence on that phone that can help prove Spacey's innocence, and that the prosecution was purposely hiding it.
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|
Our NYPD source also says Weinstein's team's claim of prosecutorial misconduct for withholding the emails is unsound ... because the messages aren't exculpatory.
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|
Maryland, prosecutors are required by law to provide exactly this kind of potentially exculpatory evidence to the defense in pre-trial discovery.
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|
A prosecutor is constitutionally required to disclose any exculpatory evidence under the law established in the Supreme Court case Brady v. Maryland.
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|
In addition, Mr. Crane said he was told by superiors that possibly exculpatory documents relevant to Mr. Drake's prosecution had been destroyed.
|
|
Greg Abbott (R) to postpone the planned execution of Rodney Reed for a 1996 murder until potentially exculpatory evidence can be reviewed.
|
|
Despite the attorney general's efforts to provide exculpatory fodder for the President's Twitter feed, Congress should be greatly concerned about the contents.
|
|
We don't know yet what Mueller's actual report says or the degree to which his findings are damaging or exculpatory to Trump.
|
|
In that case, the court held that prosecutors must turn over any evidence to a defendant that is both material and exculpatory.
|
|
But mental illness is not exculpatory in itself: A defendant may be found mentally ill and still competent enough to stand trial.
|
|
Prosecutors are judged by conviction rates, not justice, and in a number of cases we find exculpatory evidence withheld from the defense.
|
|
" Hemesath's secret filing reveals that, "subsequent to the arrest of Ameen, the United States came into possession of potentially exculpatory alibi information.
|
|
Nevertheless, the investigation continued, and applications to renew the warrant applications did not include exculpatory evidence that might have weakened those applications.
|
|
I guess this is exculpatory evidence that neither President Donald Trump nor anyone is his inner circle colluded with ... Wait a minute.
|
|
Finally, Page was the subject of an alleged falsification of a document presented to the FISA court to obscure that exculpatory information.
|
|
Some aides, convinced the call summary was exculpatory, hoped the records would force news organizations to walk back some of their reporting.
|
|
" Even denying allegations could constitute what prosecutors frequently call "false exculpatory statements," which the Mueller team might characterize as "consciousness of guilt.
|
|
If exculpatory, I would expect the White House to welcome the production of the documents and urge the participation of the witnesses.
|
|
"The prosecutor's case against Mr. McGlashan is deeply flawed and ignores important exculpatory facts," one of Mr. McGlashan's lawyers, John Hueston, said.
|
|
That means that in almost all criminal cases, defendants never get basic information about their case — or even learn whether exculpatory evidence exists.
|
|
Moreover, in nearly a decade of trials and appeals, Mr. Giuca had never offered an alibi, they said, or any other exculpatory evidence.
|
|
Meek Mill scoffed at those who think he's behind the Nicki Minaj burglary, and he says the exculpatory evidence is around his neck.
|
|
"Nadler added that if Trump or the Republican lawmakers who were defending him had "any exculpatory evidence, they would have brought it forward.
|
|
If government officials have made false or misleading statements to the court, if they have withheld critical exculpatory information, that will become known.
|
|
The great irony is that participation in the impeachment inquiry would give the White House an opportunity to bring exculpatory facts to light.
|
|
To make matters worse, before the call record of that conversation was released on Wednesday, President Trump pointed to it as exculpatory evidence.
|
|
The "exculpatory no" doctrine may have been ruled as unavailable to citizens but it appears very much alive inside of the Justice Department.
|
|
The reporter said that she would do so, and would cite his authority in her very next exculpatory note to the teacher. ♦
|
|
She commended her assistants for unearthing the exculpatory evidence, which Mr. Odiase's lawyers had not included in their motion for a new trial.
|
|
In all three cases, they were then shown "exculpatory" evidence that offered a way to explain the conduct in question without deeming it hypocritical.
|
|
"He and or his mother deleted the exculpatory texts that were on the phone," defense attorney Alan Jackson said in a hearing this month.
|
|
In repeatedly pointing to Barr's description of the findings as exculpatory, Trump hopes to minimize any potential new information contained in the full report.
|
|
But in September, she said she would make such a request if prosecutors continued to claim that they did not have such exculpatory material.
|
|
In 2013, a junior JAG made a novice error and failed to share exculpatory evidence with defense counsel in a child sex assault prosecution.
|
|
Information that was used to start an investigation can't possibly be exculpatory unless, in the light of day, it appears forced, false or incomplete.
|
|
The documentary also notes a significant exculpatory piece of evidence — a sock, stained with both boys' blood, found down an alley from the house.
|
|
This was exculpatory only to someone who thinks that the crime he has just outlined for all the world to see does not matter.
|
|
Spacey's defense team wants to examine the phone itself, claiming that exculpatory evidence may have been deleted before it was given to police and prosecutors.
|
|
Spacey's lawyer said he believes those texts were "likely exculpatory" -- translation, proof that Spacey didn't assault the then 18-year-old at a Nantucket bar.
|
|
NUNES: In that the Carter Page, FISA when those -- the judges should have been presented with this exculpatory evidence that the FBI and DOJ had.
|
|
NUNES: In that the Carter Page FISA when those -- the judges should have been presented with this exculpatory evidence that the FBI and DOJ had.
|
|
There was the moment when he eviscerated prosecutors for failing to disclose a piece of "classic exculpatory information" to defense lawyers before Officer Goodson's trial.
|
|
There is no requirement that prosecutors tell the grand jury about exculpatory information (evidence that would help show that Kavanaugh did not commit the assault).
|
|
"I don't want to prejudge it, but this evidence is so damning, and you'll notice there's no exculpatory information coming out from the administration," Rep.
|
|
Indeed, some of these links are so blatant that they seem confusingly exculpatory: Why would anybody conspiring with Putin raise suspicions by publicly praising him?
|
|
The new evidence they cited in their brief has only added to the weight of their allegations, they say, and no exculpatory evidence has emerged.
|
|
At the same time, the state court system is considering providing judges with a new tool to ensure that prosecutors turn over potentially exculpatory information.
|
|
In the ruling, the judge overseeing the case, Michele Szary Schroeder, suggested that Commerce officials had buried exculpatory evidence that would have cleared Ms. Chen.
|
|
But how groundbreaking is it that a powerful rich person — even the president — lent an exculpatory hand to other powerful, well-connected, corrupt rich people?
|
|
His case was prejudiced from the start: through false testimony from racist witnesses, destruction of exculpatory evidence by police and collaboration between prosecutors and judges.
|
|
This legislation ensures the defense has access to relevant information in possession of the prosecutor, especially exculpatory material, though with appropriate redactions to protect victims.
|
|
In an interview on Thursday night on MSNBC, Mr. Schiff said he would still pursue the records and indicated that they might not be exculpatory.
|
|
Prosecutors will also be forced to reveal possibly exculpatory evidence to the defense far earlier in the discovery process, and speedy trials will be guaranteed.
|
|
He had always maintained his innocence, and was pardoned in 2017 by California's then-governor, Jerry Brown, based on exculpatory DNA evidence found by investigators.
|
|
HANNITY: And he also said, these were in Comey&aposs notes, so exculpatory, he said if anybody around me did, you need to go after that.
|
|
Wooten also accused the US Attorney's office of turning a blind eye to his complaints, suggesting exculpatory evidence is being withheld from attorneys in the case.
|
|
"I feel he is likely willing to ignore and fail to report exculpatory material, extreme bias and act unethically and possibly deceptively to win," Wooten wrote.
|
|
Following a failed appeal in 1975, exculpatory evidence lay buried until Chicago-based criminal defense lawyer Andrew Hale took on the case about a year ago.
|
|
" Giuliani, speaking with Laura Ingraham, admitted that the audio was muffled, but said the rest of the recording -- had it not stopped -- would have been "exculpatory.
|
|
These are guys that already have been cited for not turning over exculpatory evidence about innocent people and this idiot Congressman wants me to trust them?
|
|
Corporate empowerment — as well as the lightweight, self-exculpatory feminism it rides on — feeds ravenously on the distracting performance of identity, that buffet of false opposition.
|
|
The Sonderweg narrative could become an exculpatory fairy tale for other nations: we may make mistakes, but we will never be as bad as the Germans.
|
|
The Brooklyn district attorney's office has reopened an 11-year-old double murder investigation after discovering that exculpatory evidence in the case may have been withheld.
|
|
Mr. Weinstein's lawyer, Benjamin Brafman, said prosecutors did not share "this highly exculpatory evidence" and again called for the charges against Mr. Weinstein to be dismissed.
|
|
The committee could also hear from expert witnesses to define impeachable offenses and offer Mr. Trump and his legal team a chance to present exculpatory evidence.
|
|
"Exculpatory and mitigating evidence has a shelf-life, and too many individuals in our criminal justice system have been delayed or denied this information," Erskine said.
|
|
"We have intentional concealment and misrepresentation of the exculpatory evidence, evidence that would have showed that it was someone else other than these defendants," Mosby said.
|
|
They've asked for the Mueller memos on Flynn but the Justice Department won't turn them over as potentially exculpatory material for Kian, the defense team wrote.
|
|
"The exculpatory evidence that emerged after Michael's trial shows that he spent 11 years in prison for a crime he did not commit," Mr. Martinez said.
|
|
Sullivan is known for his fairness to defendants, and especially for holding federal prosecutors to strict standards to turn relevant exculpatory documents over to defense teams.
|
|
SDNY prosecutors allege that emails, track changes, and other evidence show that Veselnitskaya herself helped a Russian prosecutor's office write and edit this supposedly exculpatory document.
|
|
Remember, the most exculpatory evidence in the Comey memo was, I didn&apost do this, but if anyone around me did, I want the world to know.
|
|
Kardashian wasn't lying when she said she had proof that the conversation occurred and decided to share that exculpatory evidence with the world in a bold move.
|
|
Republicans are looking for exculpatory evidence in favor of the President, and they have sought to point out discrepancies when they favor the President, according to sources.
|
|
As part of an investigation launched by the country's Supreme Court, the Prime Minister's daughter had released a supposedly exculpatory document signed and dated February 2, 2006.
|
|
But none of that absolves his FBI, or the DOJ for that matter, from failing to divulge essential and exculpatory information from Ohr to the FISA court.
|
|
This week alone, Mr. Martin's case was one of at least two to appear in New York City courts that had been built on withholding exculpatory evidence.
|
|
Those accused have no opportunity to respond, to cross examine witnesses, to provide exculpatory evidence, or to challenge the credibility of allegations against them in the process.
|
|
In criminal trials, prosecutors must turn over to defendants before a trial various documents they collect to build their case, including any potentially exculpatory evidence they find.
|
|
" Ms. Clark has acknowledged in a statement that her office had "uncovered potentially exculpatory evidence that was not provided to the defense at the time of trial.
|
|
There have been about 700 exonerations in the United States in which prosecutors withheld exculpatory evidence or committed other misconduct, according to The National Registry of Exonerations.
|
|
The prosecutor in the Duke lacrosse sexual assault case spent a mere 24 hours in jail after failing to disclose exculpatory DNA evidence, and other serious lapses.
|
|
"That, as you, I hope, know by now, is irrelevant to the Brady obligations to turn over potentially exculpatory information," she said in court on May 17.
|
|
Flynn's new counsel, Sidney Powell, has included unfounded conspiracy theories in her filings and accused Mueller of suppressing exculpatory evidence and scheming against Flynn for political purposes.
|
|
Jeffrey D. Stein, a public defender in Washington, D.C., recently wrote an opinion piece for The Washington Post on the subject of exculpatory evidence remaining trapped online.
|
|
The lawsuits accuse Acevedo of initiating criminal prosecutions with charges that Acevedo and his fellow officers knew to be false, making false accusations and withholding exculpatory evidence.
|
|
All of this can be determined by the Senate potentially without witnesses and certainly without any obligation on the President's part to come forward with exculpatory evidence.
|
|
After signing his plea deal, Manafort gave "a different and exculpatory version of the events," but then later offered a different version to better match his original statements.
|
|
Among other things, the lawyers for both sides squabbled over whether prosecutors had adequately disclosed potentially exculpatory evidence in their possession to the defendants as required by law.
|
|
A source familiar with the matter told Axios Flynn fired them because he felt they had not pushed aggressively enough to get exculpatory evidence during the plea negotiations.
|
|
INGRAHAM: And overly adapting perhaps documents that they are finding out later that the names were --, it&aposs kind of exculpatory for the people that they were targeting.
|
|
A circle like this with the line on the inside and dashes on the outside acts, absent any exculpatory logic, like a roach hotel for dumb smart cars.
|
|
More recently, his lawyer, Mark A. Bederow, filed papers claiming that a jailhouse informer who implicated Mr. Giuca had since recanted and that prosecutors had withheld exculpatory evidence.
|
|
The source provided details which contradict the exculpatory "rogue killers" theory being floated by President Donald Trump and the Saudi government which posits an interrogation that went awry.
|
|
A Navy SEAL accused of war crimes filed a motion for his case to be thrown out, accusing prosecutors of withholding exculpatory evidence, according to The Associated Press.
|
|
His case turned on whether his lack of access to potentially exculpatory evidence would require a new trial, a question that has divided the federal courts of appeals.
|
|
The Justice Department will have to provide only the materials it intends to use at the trial, along with any "exculpatory" evidence it might have in its files.
|
|
Lawyers for Ammar al Baluchi, who is accused of financing the 9/11 hijackers, have said the restrictions will stop them from introducing exculpatory information about their defendant.
|
|
It establishes a formal rule ordering an entire state judiciary to prompt prosecutors to obey their obligations to both actively look for and speedily hand over exculpatory evidence.
|
|
Rather than being exculpatory, the brazen, public nature of the president's apparent obstruction is one of the reasons it presents such a grave threat to our democratic values.
|
|
Defendants may be unable to produce exculpatory evidence because documents have been lost or destroyed; witnesses are dead or otherwise unavailable; or memories have faded and become unreliable.
|
|
And it also includes language that requires officers overseeing FISA applications to certify that the Department of Justice has been briefed on all relevant information including exculpatory evidence.
|
|
Though he didn't accuse FBI officials of intentionally abusing the FISA law, he said investigators "certainly misled the court" by omitting exculpatory information from four applications for surveillance.
|
|
"We have intentional concealment and misrepresentation of the exculpatory evidence, evidence that would have showed that it was someone else other than these defendants," Mosby said, per CNN.
|
|
Afterward, the judge discovered that the prosecutor had unlawfully held back potentially exculpatory evidence, including medical reports indicating that the stepdaughter had been repeatedly untruthful with law enforcement.
|
|
In the eyes of many Supreme Court justices, the point of Brady is to ensure that prosecutors see it as their job to turn over potentially exculpatory evidence.
|
|
"If he has information that is exculpatory, that means ex, taking away, culpable, blame, then we look forward to seeing it," Pelosi said in the interview that aired Sunday.
|
|
No one appears to have tracked how often prosecutors use Alford pleas in cases where exculpatory evidence has surfaced that provides inmates with powerful ammunition to contest their guilt.
|
|
The organization is seeking access to investigators' notes taken during Mr. Kortan's interview, which could be exculpatory to Mr. McCabe, the group's lawyer, Anne Weismann, argued during the hearing.
|
|
They could also convene sessions with expert witnesses to define impeachable offenses and offer Mr. Trump and his legal team a chance to present a defense or exculpatory evidence.
|
|
"Without any exculpatory evidence that he's prepared to bring forth, what we have in front of us are the facts and the facts call for him to be impeached."
|
|
Ms. Pelosi and other Democrats leading the inquiry note that they have repeatedly invited Mr. Trump to produce exculpatory evidence or present a defense, and he has done neither.
|
|
Reporters can get bad tips, they could be missing exculpatory information or important context, or they could simply mess up (as the Time reporter did with the MLK bust).
|
|
HANNITY: And there was an exculpatory piece in the Comey memo that actually said, Donald Trump said to me, if anyone around me is doing anything wrong, go after them.
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"MacDonald submits there is only one logical reason that strong exculpatory evidence continues to come to light – because he is innocent," Zeszotarski wrote to the 4th Circuit Court of Appeals.
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This is what defense attorneys and the rest of us should hope they do; we don't want police ignoring exculpatory evidence and only seeing the evidence that will help convict.
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And remember just that yesterday on this program, House Intel Committee Chairman Devin Nunez, he revealed exculpatory evidence was completely omitted from the FBI&aposs FISA applications against Carter Page.
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INGRAHAM: Now, so are you still maintaining then tonight that the recording that was released this evening is 100 percent exculpatory towards the president and his previous statements about this?
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Setting aside the "exculpatory no" reflexively spouted by these persons, many questions remain about what influence Russia's oligarchy — a system beholden to Russian leader Vladimir Putin — had over which Americans.
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Giuliani has disputed the notion that the recording shows Trump had prior knowledge of the McDougal deal, and he argued that the tape contains "powerful exculpatory evidence" that exonerates Trump.
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Remember, Trump said the most exculpatory thing he said to Comey was, is anyone around my campaign, I want you to -- you know, I want you to do your job.
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On the morning after the fracas, Judge Craig S. Walker of Criminal Court in Brooklyn looked into the warrant, finding it erroneous, and Mr. Bowen's exculpatory letter, finding it authentic.
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That led to a strange, cerebral sound check in which, between testing mikes and speakers, the conversation turned to topics like exculpatory evidence and the need to record police interrogations.
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At a private club, such exculpatory language does not exist — and most likely would not be tolerated by members, said Tom Walker, vice president at RPS Bollinger Sports & Leisure Insurance.
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" He wrote that "publishing pictures of victims in friendly poses with Harvey will backfire as it suggests they are exculpatory or negate any harm done to them through alleged actions.
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The exculpatory A.P. article aroused the suspicions of the Los Angeles Times Washington bureau chief, David Kraslow, whose paper remained staunchly Republican but was keen to enhance its journalistic stature.
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Confronted with a mountain of damaging facts heading into tomorrow's opening of the public phase of impeachment, House Republicans plan to argue that "the President's state of mind" was exculpatory.
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Butina's attorneys Robert Driscoll and Alfred Carry accuse the government of suppressing information discoverable under the Brady rule, which requires prosecutors to disclose exculpatory evidence it has to the defense.
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Even if the allegations against the Bidens were true, for which no reliable evidence exists (and for which exculpatory evidence does exist), that is irrelevant to the proceedings at hand.
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He made liberal use of video clips of Trump officials testifying in the House hearings, as well as of the president and his enablers mouthing off in non-exculpatory ways.
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Evidence hidden from the defense Lawyers involved in the case said they were "horrified" to see the amount of exculpatory evidence that was hidden from the defense team and jury.
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This was all known to the Justice Department, but it still asked for warrant renewals from the FISA court without correcting the record or revealing exculpatory information discovered by investigators.
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These extensive bad behaviors — the repeated withholding of exculpatory evidence, the purposeful altering of documents, the casual failure of confidential source validation — all were done with a precision of purpose.
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It details how German officers released self-exculpatory memoirs, how their colleagues in Allied militaries lent their names and prestige to mainstreaming German commanders like Heinz Guderian and Erich von Manstein.
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Withholding exculpatory evidence, beaten 9-0 in the Supreme Court, sending innocent people to jail for a year, overturned by the Fifth Circuit, tens of thousands of Americans lost their jobs.
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Over the years, Gleason said he's witnessed one insurer withhold exculpatory evidence in a felony case, and taken calls from insurance officials asking for secret information he legally cannot give out.
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Jason, in fact, might have gotten fed up being asked by Alicia and company to ferret out tantalizing fragments of exculpatory evidence to rescue Peter, who happened to be his rival.
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Lieutenant General Flynn, coerced into a plea deal after exculpatory evidence was withheld, and then he has to sell his house because he can&apost afford to pay for his defense.
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But, the identity is not nearly as important right now as what did it reveal, because we're convinced it just revealed exculpatory information -- namely, no evidence of a connection with Russia.
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And he pointed to the July phone call between Mr. Trump and Mr. Zelensky that is at the heart of the impeachment inquiry as exculpatory, despite Democrats' claims to the contrary.
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Instead, it gives a victim the right to withhold potentially exculpatory evidence by refusing to be interviewed or deposed, which essentially denies the accused what he needs for a fair trial.
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For some, such a proposal may raise concerns about potential plaintiffs sitting on their claims for years and then springing lawsuits on defendants once exculpatory evidence has deteriorated or been discarded.
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To date, only one prosecutor in the country (Ken Anderson, who withheld exculpatory evidence from my former Texas client Michael Morton) has ever been jailed for misconduct causing a wrongful conviction.
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A conviction can be vacated for many reasons, including exculpatory DNA evidence, prosecutorial misconduct, errors during the trial, new witnesses, new evidence or, as in Mr. Thomas's case, a prosecutorial review.
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I expected, first of all, that some portion of the contestants would be picked explicitly to fail, their hubris acting as exculpatory justification for the pleasure of watching a disaster unfold.
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If the president is innocent, use the process to surface those exculpatory facts so that Congress and the country can agree whether or not Mr. Trump should be removed from office.
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While the White House has tried to avoid commenting on the probe, that could change once the Mueller report emerges, particularly if it is exculpatory, a senior White House official said.
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In other words, the FBI and Justice Department knowingly hid exculpatory evidence from the surveillance court in order to be able to start spying on a member of the Trump team.
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Lawyers for Lori Loughlin and her husband, Mossimo Giannulli, filed documents in court on December 12 accusing the government of "concealing exculpatory evidence" that could help the couple in their case.
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Mr. Baroni's filing also says that prosecutors have not turned over potentially exculpatory evidence as required by law, particularly from the law firm hired by Mr. Christie to investigate the lane closings.
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Malone questioned why Curtis didn&apost include important exculpatory details from three trials of Baltimore police officers relating to the 2015 death of Freddie Gray that resulted in acquittals, including Goodson&aposs.
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Even though failing to share exculpatory information is among the most serious breaches of ethics and law for the police and prosecutors, there is little personal or institutional accountability for such tactics.
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But growing evidence suggests both Trump campaign advisers made exculpatory statements — at the very start of the FBI's investigation — that undercut the Trump-Russia collusion theory peddled to agents by Democratic sources.
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The lower courts are divided on whether exculpatory material should be provided during that process, so it's possible that the Supreme Court could step in and clarify its ruling on the matter.
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And only abuse as heinous as that which Erik describes to his new shrink, Dr. Bill Vicary (Todd Weeks), feels truly convincing — not to mention morally exculpatory, at least by my standards.
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Far from being exculpatory, the White House's summary of the conversation appeared to show Trump using the weight of his office and America's foreign policy to advance his own personal political interests.
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"We are taught early on that it's essential to see all sides, to give everyone a chance to explain and to check for exculpatory evidence that may have been missed," Seacrest wrote.
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That said, none of the new evidence has been exculpatory (unless you believe pressuring Zelensky to damage a political rival is totally OK) and none of it has challenged the basic storyline.
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In 2017, the Court of Criminal Appeals of Texas refused to order post-conviction DNA analysis because Mr Reed did not prove that "exculpatory DNA results would have resulted in his acquittal".
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In the same vein, she said the Legislature should consider a proposal for judges to give prosecutors standing orders to turn over exculpatory evidence to defendants as soon as it became available.
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Indeed, there was once an "exculpatory no" doctrine that maintained that a person could deny a crime with an investigator and not be subject to a charge under laws like Section 85033.
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Official misconduct — including perjury, withholding of exculpatory evidence and coercive interrogation practices — occurred in three of every four exonerations involving homicide, and it was an important factor in many other cases as well.
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The letter accused top supervisors at the agency of mocking the Bundy family, playing a role in increasing tensions during the armed confrontation with agents, and possibly withholding exculpatory evidence for the trial.
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"If the president has something that is exculpatory — Mr. President, that means you have anything that shows your innocence — then he should make that known, and that's part of the inquiry," Pelosi said.
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Americans accused of crimes gained a bevy of new rights: to an attorney even if they couldn't afford it, to toss out illegally obtained evidence, to receive any exculpatory evidence obtained by police.
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The defense claimed Mr. Carreyrou's interactions with the federal agencies, including efforts to urge others to report problems at Theranos to regulators, is "exculpatory" information that must be turned over to the defendants.
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The FBI first sought approval to surveil Page shortly after he left the campaign in fall 2016, but also omitted in its applications a critical finding that exculpatory evidence about Page was omitted.
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It was not clear why Ms. Powell told the judge she did not want to vacate the plea deal if she believes the government engaged in "stunning failures" to produce the exculpatory material.
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Here those actions included Clinton's unlawful establishment of a private email server, numerous "false exculpatory statements" (lies about her actions), destruction of evidence, and further lies about her lies and destruction of evidence.
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"I am totally confident that when a jury of Cuba Gooding Jr.'s peers assess all of the exculpatory evidence in this case, that he will be totally exonerated," Heller added last month.
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The person said the questioning of Kushner earlier this month took about 90 minutes or less and was aimed in part at establishing whether Kushner had any information on Flynn that might be exculpatory.
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I am not an expert on this investigation, and I outsource all analyses on whether the report is surprisingly exculpatory or still damning or whatever to my colleague Andrew Prokop, who is an expert.
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But Veselnitskaya is accused of hiding from the judge in the case that she had "participated in drafting those supposed exculpatory findings in secret cooperation with a senior Russian prosecutor," according to federal prosecutors.
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As highlighted by the story, one man was charged with multiple felonies in Indianapolis after State Farm investigators pressured policyholders to falsely accuse him of fraud, then withheld potentially exculpatory evidence from the prosecutors.
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She failed to work with other investigative teams; she rushed to bring criminal charges with great fanfare; her office withheld exculpatory evidence from the defense and put a non-supporting witness on the stand.
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The cameras need to be on at all times and we need to make sure that we have this evidence which, as you say, can help to be exculpatory to whichever side deserves this.
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The information was not included in the surveillance warrant applications, but it could have been exculpatory because some of Page's past contacts with Russians were approved by the US government, the IG report said.
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As a special court martial-convening authority and an attorney who defended service-members before courts-martial, I can attest to the fact that commanders routinely deny access to witnesses and suppress exculpatory evidence.
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Chestnut also acquired more exculpatory evidence through a public records request last year, including that trial witnesses failed to identify the then-teenagers accused of the murder in a photo lineup, the AP reported.
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Man once considered suspect released Earlier this week police released a 36-year-old man who was taken into custody but never formally charged after police found "exculpatory evidence" that showed he could be innocent.
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GIULIANI: On the other hand, how does Hillary not get prosecuted for destroying tapes, lying at least three or four times, having people -- having people tell totally phony stories, false exculpatory statements, destruction of evidence.
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Pishevar "unequivocally and categorically denies any improper behavior toward Ms. Fitton," via a statement from his attorney, which also claims that the pair's continued digital correspondence in subsequent years — which Axios has reviewed — is exculpatory.
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And things didn't get any easier early Thursday, when Judge Barry Williams skewered Deputy State's Attorney Michael Schatzow for his office's failure to disclose exculpatory evidence to the defense in a hearing before opening arguments.
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And so if the facts aren&apost there, and remember this is a judge who has recently well after the plea ordered the government to disclose the Brady evidence, exculpatory evidence to the Flynn team.
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In essence, the exculpatory story is that the president hands out hush money so readily that his attorney has carte blanche to cut six-figure payoff checks on his behalf without checking with the client.
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One prosecutor told the story of meeting with one of his assistants to review documents ahead of a trial and discovering additional exculpatory evidence that had not been disclosed to the defense or judge previously.
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Susan Collins (R-Maine) was criticized for dismissing the Parnas bombshells: By this logic, Collins can't entertain exculpatory evidence for the president because it wasn't offered by Republicans and his lawyers during the House hearings.
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The Justice Department inspector general last month criticized the FBI for a series of failures in its applications to the FISA court, including making statements that left an "inaccurate impression" and withholding potentially exculpatory information.
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Some of Trump's defenders argue that the media, or political opponents of Trump, should simply accept that Mueller has not designated Trump as a target of the investigation, as though this is definitive or exculpatory.
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In 2015, lawyers representing Prevezon, which had been accused of laundering some of the fraudulent proceeds, filed court papers, including the declaration from Ms. Veselnitskaya, to argue that the Russian government's findings were exculpatory evidence.
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A judge on Thursday threw out the murder conviction of a Brooklyn man serving a life sentence for the killing of two people in 2005 after prosecutors said exculpatory evidence in the case had been withheld.
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"Ulbricht's appeal based on the corruption of two Baltimore agents fails for the simple reason that, even now, Ulbricht has not explained how the information he sought to compel or admit was exculpatory," the brief reads.
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Over chicken lunch in the Roosevelt Room, the president repeatedly referenced the summary of his call as exculpatory and touted the opposition of two House Democrats to the House's impeachment resolution on Thursday, according to attendees.
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And then quickly cuts off the tape which indicates exactly Professor Dershowitz is saying, that Cohen doesn&apost want the rest recorded because it was too exculpatory from the point of the view of the president (ph).
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Defense attorneys asked the court to preserve cell phone data and other text messages from the victim from the date of the incident until six months afterward, which defense attorneys said would be "likely exculpatory" for Spacey.
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Alvarez then did what any citizen whose rights are violated can do: He sued the city of Brownsville, citing Supreme Court rulings that require the government to turn over exculpatory evidence in their possession to the defendant.
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One version contained a paragraph stating that a witness in the case had implicated a man named Jeffrey Joseph, not Mr. Martin, in the murders; but in a second version, that potentially exculpatory evidence had been excised.
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He also questioned why the recording, as aired on CNN, ended at a key part in the conversation, saying the tape would have been "exculpatory" from the point of view from the president had it not stopped.
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"We haven't made any decision, and as I said to the president, if you have any information that is exculpatory, please bring it forward, because it seems the facts are uncontested as to what happened," she said.
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Mr. Booker was arrested and spent more than 18 months in jail awaiting trial before his defense lawyer discovered that Mr. Kurtzrock had altered hundreds of pages of police records to remove a wealth of exculpatory information.
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"Why the president thinks that this is exculpatory — maybe he doesn't know that word — that the president thinks that this proves his innocence, only goes to show how further he doesn't understand right from wrong," Pelosi said.
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Marshalling an impressive array of conspiracy theories (as early as 1869, Engels was telling Marx that the "paederasts" would shortly begin organizing), Woods allows his eclectic portraits of gay groups and individuals to provide the exculpatory evidence.
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Trump's allies initially believed Sondland would provide exculpatory evidence to boost the president's case, but subsequent witnesses had contradicted many of Sondland's claims — and Democratic lawmakers even questioned whether he had perjured himself, likely prompting Sondland's addendum.
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The prime minister's daughter, Maryam Sharif, provided an exculpatory document that had been typeset in Calibri—a Microsoft font that was only released for general distribution nearly a year after the document had allegedly been signed and dated.
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Sources who saw the FISA warrant and its three renewals tell me there is no mention of Papadopoulos's denial, an omission of exculpatory evidence that GOP critics in Congress are likely to cite as having misled the court.
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Multiple sources tell me none of the FISA applications the FBI submitted to judges over the course of a year's surveillance of Page made any mention of exculpatory statements or protestations of innocence that Page made to informants.
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Mr. Gonzalez also said that the papers about the Martin case were submitted only after the Conviction Review Unit received the defense's case file and was able to determine that the exculpatory evidence had not been handed over.
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"[W]ithout his eyesight, Mr. Cosby cannot even determine whether he has ever even seen some of his accusers, let alone develop defenses and gather exculpatory evidence," Cosby's lawyers said in a motion to get the case dismissed.
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But many others, from Senator Lindsey Graham to Kevin McCarthy, the House minority leader, are aggressively defending Mr. Trump, going so far as to argue that the notes from his July 25 conversation with Mr. Zelensky are exculpatory.
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Democrats have stood by their process, saying that Mr. Trump is being given ample opportunities to defend himself and that the White House would not have blocked Mr. Trump's inner circle from testifying if officials had exculpatory information.
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Officials have prepared the outlines of how the White House would react to different scenarios, based on the extent of Barr's disclosure to Congress and whether the findings are exculpatory or damaging to the President, the official said.
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The Hunt County Sheriff's Office requested Brandon Gonzales be released "due to the lack of cooperation from witnesses and discovery of exculpatory evidence during the course of the investigation," according to a statement released by the sheriff's office.
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In the rush to obtain and maintain FISA surveillance of Trump campaign associates, FBI officials misled the FISA court, omitted critical exculpatory facts from their filings, and suppressed or ignored information negating the reliability of their principal source.
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If Americans are to have faith in the result – be it damning or be it exculpatory – it must come from a respected source that is as apolitical as possible, and that can only be achieved off Capitol Hill.
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The United States' criminal justice system needs fewer guilt-assuming interrogation tactics, more disclosure of potentially exculpatory information to the defense, expanded oversight units within prosecutors' offices to investigate potential miscarriages of justice, and fuller appellate scrutiny of convictions.
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For instance, I'm still kind of pissed off about a message my boss sent me in F1 2018 following a disappointing French Grand Prix, something that was so perfectly oblivious and self-exculpatory that it seemed almost eerily believable.
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" Graham said that after learning that Attorney General William Barr's letter was exculpatory on Russia, Trump was "just frustrated, like: 'They turned my life upside down, they've ruined the lives of a lot of people around me, for nothing.
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The application says the jury could not have been satisfied Pell was guilty beyond a reasonable doubt as the prosecution's case was based wholly on the word of one accuser, and more than 20 witnesses gave "unchallenged exculpatory evidence".
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The potential flood of new evidence has led some Senate Republicans to argue that the upper chamber should simply ignore it and only consider the House's work product during the trial, whether the new evidence is damning or exculpatory.
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It said certain documents appeared to demonstrate that Iran had worked to "systematically assemble everything it needed to produce atomic weapons," but noted that exculpatory information could have been left out of the hand-picked documents shown to its reporter.
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"If this went to trial, then certainly the Mueller team would have to hand over any evidence, especially exculpatory evidence," said Alan Rozenshtein, a former attorney in the Justice Department's National Security Division who specialized in cybersecurity and foreign intelligence.
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"After more than 24 years of exculpatory evidence steadily coming to light, our hope is that the court will agree Dr. Jeffrey MacDonald deserves the relief he has sought for so long: exoneration," Hart Miles, one of his attorneys, tells PEOPLE.
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"The answer is simple: He cannot, and the Commonwealth knows he cannot … Without his eyesight, Mr. Cosby cannot even determine whether has has ever even seen some of his accusers, let alone develop defenses and gather exculpatory evidence," the brief continues.
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Holding back exculpatory evidence is regarded as one of the most serious violations of a prosecutor's duty — so much so that when it is discovered, there is a great effort by the prosecutors to pretend it did not actually happen.
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"Throughout this case, we see a persistent pattern where exculpatory evidence is hidden, buried, concealed, and not turned over to the prosecutor and, therefore, had not been turned over to the defense in the case," Pilate says to the camera.
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The Manhattan district attorney, Cyrus R. Vance Jr., who served on the task force, said he supported the idea of having judges officially order prosecutors to scour their files for exculpatory material, especially when the goal is to prevent wrongful convictions.
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"The government appears to be concealing exculpatory evidence that helps show that both defendants believed all of the payments they made would go to USC itself — for legitimate, university-approved purposes — or to other legitimate charitable causes," the motion read.
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The Justice Department must convince a judge on the FISA court that the target is probably an agent of a foreign power, and it is supposed to disclose any exculpatory information — not just facts that make the target look suspicious.
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Investigators highlighted facts that made Mr. Page look suspicious while letting potentially exculpatory ones go unmentioned, and when they sought to renew the wiretap, they failed to correct earlier statements whose credibility had since come under serious question, the report found.
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"It's a horrible day for the country that this could happen to the president of the United States," Bondi said, alleging that agents fabricated and falsified emails, lied and omitted exculpatory evidence in order to "continue this witch hunt" against Trump.
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Advocates want to do away with cash bail; guarantee speedy trials; reclassify which parole violations send people back to jail; and force prosecutors to give defense lawyers possibly exculpatory evidence — which they can withhold until virtually the last minute — earlier.
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"The Government appears to be concealing exculpatory evidence that helps show that both Defendants believed all of the payments they made would go to USC itself — for legitimate, university-approved purposes — or to other legitimate charitable causes," the motion read.
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Anthony Alexander Padgett, 36, who was taken into custody in Chula Vista on Thursday but was never formally charged, was released Monday because police had found "exculpatory evidence" that made it now appear he could be innocent of the serial killings, Capt.
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In just a few weeks, the former New York City mayor has disclosed the president's reimbursements to legal fixer Michael Cohen in the Stormy Daniels hush-money saga, and shared seemingly exculpatory details from his ongoing conversations with special counsel Robert Mueller.
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There are more exculpatory pieces of evidence I could detail but these alone make a compelling case that the initial FBI and DOJ representations to the court were, at best, flawed and, at worst, desperately biased and driven by an election clock.
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Laura Coates, CNN legal analyst and a former prosecutor, explained that even if Cosby is blind, he has "ample tools at his disposal to provide his lawyers with an alibi or other exculpatory evidence" to challenge the credibility of the 13 other accusers.
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Flood and his team have gamed out the outlines of how the White House would react to different scenarios, based on the extent of Attorney General Bill Barr's disclosure to Congress and whether the findings are exculpatory or damaging to the President.
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"The Government appears to be concealing exculpatory evidence that helps show that both Defendants believed all of the payments they made would go to USC itself -- for legitimate, university-approved purposes -- or to other legitimate charitable causes," their attorneys wrote, according to ABC.
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Marías, whose parents knew Cela personally and could attest to the fraudulence of these exculpatory contortions, felt compelled to break the conspiracy of silence when the Nobel laureate responded highhandedly to an interviewer who asked him about his collaboration with the old regime.
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Flynn's new legal team pushed for more time before sentencing, with Sidney Powell, one of his attorneys, saying Tuesday that she is seeking a court order to force the government to turn over material she says could be exculpatory, according to Politico.
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Mr. Washington, now 43, was convicted of murder in connection with the killing — in part, prosecutors say, because Kyle Reeves, the assistant district attorney who oversaw the case, withheld from the defense an exculpatory statement from one of the people who were shot.
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Marías, whose parents knew Cela personally and could attest to the fraudulence of these exculpatory contortions, felt compelled to break the conspiracy of silence when the Nobel laureate responded highhandedly to an interviewer who asked him about his collaboration with the old regime.
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"I did that because of some of the stuff that Horowitz has uncovered, which to me is inexplicable," Barr said, citing how FBI officials withheld exculpatory information that they had learned from their investigation as they sought to renew the FISA warrants.
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HANNITY: Just like Andrew Weissmann who lost tens of thousands of Americans their jobs to overturn 9-0 Supreme Court four innocent people sent to jail for a year overturn by fifth circuit all and gets excoriated by a judge for withholding exculpatory evidence.
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" A year after the high-profile indictments, Garrett found that the case was rife with prosecutorial misconduct, including failures to turn over exculpatory evidence, deceptive testimony by assistants or agents of the Attorney General and "flagrant disregard of the constitutional rights of those accused.
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At the time, he stated, "The exculpatory character of some of the evidence together with the total lack of evidence as to possible motive, in our judgment, are major obstacles to a successful criminal prosecution," according to a copy of his letter obtained by PEOPLE.
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The other thing is, the tape ends very abruptly which could suggest that there&aposs more on the tape that&aposs exculpatory, but that Cohen has either kept it as leverage or maybe erased it because maybe he doesn&apost look so good on it.
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Sullivan's order invoked the "Brady Rule," which requires prosecutors to disclose exculpatory evidence in their possession to the defense — that is, evidence that could prove favorable to the defendant in negating his guilt, reducing his potential sentence or bolstering the credibility of a witness.
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"The judge on his own, not in response to any application from General Flynn's lawyers says, 'By the way, I want all exculpatory evidence, evidence that could help Flynn or hurt the government turned over to Flynn's lawyers,'" Napolitano said on Fox News Tuesday.
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After The New York Times first revealed the existence of the tape -- and Giuliani claimed the tape was exculpatory evidence that did no harm to Trump — his legal team decided to remove any protection relating to the attorney-client relationship on this specific matter.
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A day spent in the hearing rooms of an OATH office — there is one in each borough — offers both a voyage into the small intestine of bureaucracy and a front-row seat at an endless and sometimes heartbreaking parade of excuses and ostensibly exculpatory explanations.
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The attorney general also said that FBI officials "misled the FISA court, omitted critical exculpatory facts from their filings, and suppressed or ignored information negating the reliability of their principal source" in a "rush" to maintain surveillance warrants on members of the Trump campaign.
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Mr. Horowitz plans to say that the wiretap application, which referenced Mr. Papadopoulos, should have also included a statement he made to the undercover agent in London that could be seen as exculpatory or self-serving, the people familiar with the draft report said.
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The Brooklyn district attorney's office is planning to ask a judge on Wednesday to vacate the conviction of a man found guilty 433 years ago of committing a murder during the robbery of a crack den, saying the prosecutors in the case withheld exculpatory evidence.
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The report found that the FBI properly opened its investigation into Russian election interference but said there were major errors in how the agency conducted the probe, including the critical finding that exculpatory evidence about Page was omitted from the applications for surveillance warrants.
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Lori Loughlin says the government has withheld key evidence proving her innocence in the college admissions scandal, but the government has just fired back ... sarcastically responding that the so-called exculpatory evidence was a statement that the witness had not even made when Lori started complaining.
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In a Tuesday letter seen by Reuters, U.S. Representative Trey Gowdy, who chairs the House Committee on Government and Oversight Reform (OGR), said he "is concerned about the new revelations" and is "seeking more information" about why the exculpatory results were not published by the NCI.
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"We understand the public's desire for definitive answers in this matter, but absent substantiated evidence that proves the claim or definitive exculpatory evidence, we believe it is prudent to ask law enforcement authorities to review the information as a final step in this process," he wrote.
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Washington (CNN)An attorney for alleged Russian agent Maria Butina demanded Wednesday that federal prosecutors turn over evidence they have to support their sensational claim made in court filings that Butina had offered sex in return for a job, as well as other potentially exculpatory evidence.
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Worth noting: "There is no way to independently confirm the authenticity of the documents, most of which were at least 15 years old ... The Israelis handpicked the documents shown to the reporters, meaning that exculpatory material could have been left out," according to the New York Times.
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But his place at the center of Russian demonology stems not only from his long record of resisting what he saw as Russian aggression, but also from the Kremlin's need to find a self-exculpatory explanation for why its relations with the West have soured so badly.
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The exchange: Why it matters: Inspector General Michael Horowitz determined that there were 17 errors and omissions in the FBI's applications for the surveillance of former Trump campaign aide Carter Page, including the altering of an email by an FBI lawyer to exclude potentially exculpatory information.
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But while earlier serving as San Francisco district attorney, Harris prosecuted the kinds of marijuana cases she now criticizes, pursued assault charges against someone who was shot by police, and withheld exculpatory evidence in cases—a serious form of prosecutorial misconduct and a violation of defendants' rights.
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"We understand the public's desire for definitive answers in this matter, but absent substantiated evidence that proves the claim or definitive exculpatory evidence, we believe it is prudent to ask law enforcement authorities to review the information as a final step in this process," Martin said the statement.
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Several Republicans are pushing for public release because they have become convinced it will be exculpatory or, more cynically, they expect it to leak to the public anyway -- and it's safer to have the full thing in view, not just cherry-picked parts that boost one side or another.
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Mr. Horowitz said the bureau had a reasonable basis to open the inquiry, but he uncovered mistakes made by the F.B.I. in working to wiretap Mr. Page, including exculpatory evidence that could have hurt the bureau's ability to obtain its warrant, and said they were never adequately explained.
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There should be a five-person sub-Supreme Court devoted solely to death penalty cases, with a staff sufficient to investigate them, to question prosecution and defense, to uncover not just prosecutorial misconduct (which we know to be too common), but also any information that is exculpatory or mitigating.
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The eliding of fact and rumor in this circumstance feels sloppy, especially given that The Case Against Adnan Syed seems to want to frame itself as a thorough deep-dive investigation that builds off the Serial investigation to provide more context, more texture, and even more exculpatory information.
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Prosecutors don't have to present grand jurors with all of the information that they issue subpoenas for, but the Justice Department requires prosecutors to present any exculpatory evidence that they're aware of — evidence that would help exonerate the person suspected of a crime — to the grand jury before seeking an indictment.
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Tepfer and his colleagues argue in court papers that the hidden report, written by Detective William Erickson, never made it into the case file; it did not reach the lawyers defending Johnson in his murder trial either — despite laws that require that exculpatory evidence must be turned over to the defense.
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He argued in the Hill that Democrats are "pursuing an impeachment that seems designed to fail with an incomplete and conflicted record," writing that more evidence is needed for impeachment, and arguing House Democrats are ignoring exculpatory evidence such as Trump claiming there was no quid pro quo with Ukraine.
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I&aposd like to meet the guy that lost to the Supreme Court 22018-0, put innocent people in jail for a year to be overturned by the Fifth Circuit, that was excoriated by judges not once but twice for withholding exculpatory evidence, and costing tens of thousands of people&aposs jobs.
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In a leaked 17-page letter, the BLM investigator accused top supervisors at the agency of mocking the Bundy family, playing a role in increasing tensions during the armed confrontation with agents, and possibly withholding exculpatory evidence as Cliven, Ryan and Ammon Bundy, and top supporter Ryan Payne face multiple federal charges.
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Since then, Mr. Weinstein's lawyer, Benjamin Brafman, had filed a new motion asking Justice Burke to throw out the remaining sexual assault charges because prosecutors did not share "highly exculpatory evidence" with the grand jury, including correspondence suggesting the women had remained on friendly terms with Mr. Weinstein after the alleged attacks.
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The DOJ also noted that it had shared the texts in late November, just before the public release, "to defense counsel as potentially exculpatory information" in the special counsel's case against former national security adviser Michael Flynn, who pleaded guilty to lying to Strzok and another agent in a White House interview.
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In a New York Times op-ed published in January, University of San Francisco law professor Lara Bazelon described various instances when Harris, either as district attorney or state attorney general, vigorously defended cases in which prosecutors were accused of fabricating testimony or withholding potentially exculpatory evidence—stacking the deck against the accused.
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But in such instances, if prosecutors choose to go to trial, they are never precluded from offering additional evidence to establish guilt beyond a reasonable doubt, and they are required to turn over exculpatory evidence to the defense: Justice to the defendant, to be sure, but justice to the government as well.
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But as former federal prosecutor Andy McCarthy points out , the statement of offense seems to be more exculpatory than incriminating for Trump: If the Russians were offering Clinton emails through Papadopoulos, "that would mean Trump and his campaign had nothing to do with the acquisition of the emails" and thus had not committed a crime.
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House Judiciary Committee Chairman Bob GoodlatteRobert (Bob) William GoodlatteImmigrant advocacy groups shouldn't be opposing Trump's raids Top Republican releases full transcript of Bruce Ohr interview It's time for Congress to pass an anti-cruelty statute MORE (R-Va.) made similar comments, suggesting the FBI may have withheld exculpatory evidence it had gathered from its informers.
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The fact that McConnell has not provided any assurances that he will allow witness testimony or other documentary evidence and that he has been coordinating his strategy with the White House, reasonably gives rise to the inference that there is no exculpatory evidence by firsthand witnesses that would support the President's bald assertions of innocence.
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For Obama, Hiroshima represents the unfinished business of WWII on the long road from foe to friend, apparently a bridge too far for Abe who is known for his revisionist views on Japan's shared history with Asia and efforts to rehabilitate this shabby era by promoting an exculpatory and valorizing view in textbooks and speeches that riles the neighbors.
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Whether the half-dozen Papadopoulos overtures by Western intelligence officials were directed or assisted by the CIA, or were purely coincidental, one important concern lingers: If Papadopoulos is telling the truth, the FBI possessed a critical piece of exculpatory evidence by September 22019 that called into the question the legitimacy of its Trump-Russia collusion probe.
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While we did say some things that I think should still have been fully exculpatory — I mean, for anyone paying attention, I think it should be obvious, with a modicum of charity extended to us, that Murray and I are not racist, and that what we were saying was not coming from a place of racial animus.
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With that semi-exculpatory explanation in hand, you can grope your way to the current anti-anti-Trump talking point — that Don Jr. and company were just hoping to "gather oppo" to which a foreign government might happen to be privy, much as Democratic operatives looked to Ukraine for evidence of the Trump campaign's shady ties.
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"If the President thinks the call was 'perfect' and there is nothing to hide then he would turn over the thousands of pages of documents requested by Congress, allow witnesses to testify instead of blocking testimony with baseless privilege claims, and provide any exculpatory information that refutes the overwhelming evidence of his abuse of power," he added.
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"If the President thinks the call was 'perfect' and there is nothing to hide then he would turn over the thousands of pages of documents requested by Congress, allow witnesses to testify instead of blocking testimony with baseless privilege claims, and provide any exculpatory information that refutes the overwhelming evidence of his abuse of power," he added.
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So if that is not a dichotomy that we&aposre going to withhold exculpatory information in this case and we&aposre going to withhold any prospect of prosecution in that case, I don&apost know how anyone cannot be left with the conclusion that if your name is Clinton, then you will be treated differently than if your name is Jones or Smith.
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Can't refute or confirm collusion questions Clapper also said Sunday that the President and the White House are wrong to cite Clapper's previous Senate testimony on the questions about alleged collusion between the Trump campaign and Russia as proof that no such collusion exists, emphasizing that no one should portray his comments as "exculpatory" -- something Trump has done repeatedly on Twitter.
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The federal judge overseeing the criminal case against former Trump national security adviser Michael Flynn has ordered special counsel Robert MuellerRobert (Bob) Swan MuellerTrump calls for probe of Obama book deal Democrats express private disappointment with Mueller testimony Kellyanne Conway: 'I'd like to know' if Mueller read his own report MORE's team to turn over any "exculpatory evidence" to his defense team.
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In an increasing trend, however, we have had Gerald Ford's pardon of Richard Nixon, George H.W. Bush's notorious, and probably self-exculpatory, Iran-contra pardons (encouraged by his attorney general, William Barr), the sordid pardon by Bill Clinton of the fugitive financier Marc Rich that you cite, George W. Bush's commutation of Scooter Libby's prison sentence and now Mr. Trump.
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" Ms. Pelosi, also appearing on "Face the Nation," suggested that Mr. Trump — who is blocking key witnesses like Mick Mulvaney, his acting chief of staff, from testifying — make his case for himself, while delivering a brief lesson in Latin: "If he has information that is exculpatory, that means ex, taking away, culpable, blame, then we look forward to seeing it.
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Sondland's testimony is more damning to Giuliani than Trump, as Sondland claimed to have received clear instructions about the conditions for a prospective Trump-Zelensky meeting from Giuliani, but unclear and perhaps even exculpatory instructions from Trump ("I want nothing, no quid pro quo," Sondland recalled the President saying in a conversation after the White House learned about the whistleblower complaint).
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While the strategies used by Republicans — including denying quid pro quo is wrong, attacking the whistleblower whose complaint led to the inquiry, and, despite evidence suggesting the opposite, that a White House memo of a call between Trump and Ukrainian President Volodymyr Zelensky is exculpatory — have been varied, they largely focus on the claims that Trump did nothing wrong and that Democrats are being unfair.
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If you truly cared about freedom and liberty for our Nation, then you would be devoting your vast investigative resources to exposing the full truth concerning the horrifying abuses of power before, during, and after the 2016 election—including the use of spies against my campaign, the submission of false evidence to a FISA court, and the concealment of exculpatory evidence in order to frame the innocent.
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Referring to Trump's infamous July 25 phone call with Zelenskiy, Nadler added: "If the President thinks the call was 'perfect' and there is nothing to hide then he would turn over the thousands of pages of documents requested by Congress, allow witnesses to testify instead of blocking testimony with baseless privilege claims, and provide any exculpatory information that refutes the overwhelming evidence of his abuse of power."
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Some in Congress are bracing for the possibility that Deputy Attorney General Rod RosensteinRod RosensteinWhy the presumption of innocence doesn't apply to Trump McCabe sues FBI, DOJ, blames Trump for his firing Rosenstein: Trump should focus on preventing people from 'becoming violent white supremacists' MORE might argue in his interview with lawmakers that the FBI did not have an obligation to disclose all exculpatory evidence to the FISA judges.
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Fired FBI Director James ComeyJames Brien Comey3 real problems Republicans need to address to win in 85033 Barr predicts progressive prosecutors will lead to 'more crime, more victims' James Comey shows our criminal justice system works as intended MORE acknowledged it himself when he testified last month that the FISA court relies on an honor system, in which the FBI is expected to divulge exculpatory evidence to the judges.
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There is a great deal of enthusiasm for this kind of theory, on social media especially, and on many days I think it's embarrassing or risible — a birtherism of the center-left, an exculpatory fantasy from an establishment thrashing about to evade its own responsibility for the rise of populism, a "brown scare" about an omnicompetent Putin and a fascist international that mirrors similar paranoias on the right.
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"Circe" is very pleasurable to read, combining lively versions of familiar tales (like the birth of the Minotaur or the arrival of Odysseus and his men on Circe's island) and snippets of other, related standards (a glance at Daedalus and Icarus; a nod to the ultimate fate of Medea after she and Jason leave Aiaia) with a highly psychologized, redemptive and ultimately exculpatory account of the protagonist herself.
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Citing Brady v Maryland (1963), the landmark Supreme Court ruling that withholding evidence that "is material either to guilt or to punishment" violates due process, she found Foulkes had "a duty to provide the defense" with her notes but omitted them "because it was exculpatory and 'material'..." Because Foulkes had "played fast and loose" with the facts, Sarmina concluded, she'd "undermine[d] confidence in the jury's death sentence," which the judge vacated, granting a stay.
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As soon as Kipnis's story made news, she became the confessor to students and professors from all over the country who'd been brought up on Title IX charges, too, and what she discovers is disturbing: Subjects generally don't know (as Kipnis didn't) what they're accused of until they sit face to face with investigators; they're usually discouraged, if not forbidden (as Kipnis was), from bringing in outside counsel or presenting exculpatory evidence unless they've been charged with sexual violence.
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The defense also argued that the judge erred in his instructions to the jury in several ways, including failing to tell them that they shouldn't use hearsay statements from four women — for example Rona and Sahar's saying they were afraid Shafia and Hamed might turn violent towards them in the future — to evaluate the state of mind of the accused, and that they couldn't use failed or fabricated exculpatory statements to support a conclusion of guilt.
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"Take it as a matter of faith that Democrats and left-leaning media will completely reject the Mueller report, despite being able to read for themselves the same exculpatory sentences Barr included in his summary, and claim that the redactions either hid horrific and collusive behavior by Trump and his campaign associates, or left open the possibility that Barr improperly redacted impeachable behavior," said another Federalist writer Jason Beale who predicted that the media would focus heavily on the Mueller report's redactions.
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When The Times reported on the existence of the payment on Friday, Mr. Trump's personal lawyer, Rudolph W. Giuliani, said the tape would prove "exculpatory," indicating that the conversation was the first time that Mr. Trump had heard about the deal Ms. McDougal struck with A.M.I. On the tape, Mr. Cohen raises the possibility of creating a separate company to buy the rights to Ms. McDougal's story from A.M.I. "I need to open up a company for the transfer of all of that info regarding our friend David," Mr. Cohen is heard saying.
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Speaker Nancy PelosiNancy PelosiKlobuchar shuts down idea a woman can't beat Trump: 'Pelosi does it every day' Budowsky: Trump destroying GOP in 2018, '85033, '20 On The Money: Senate scraps plan to force second shutdown vote | Trump tax breaks for low-income neighborhoods draw scrutiny | McConnell rips House Dems for holding up trade deal MORE (D-Calif.) mocked President TrumpDonald John TrumpFive takeaways from the Democratic debate As Buttigieg rises, Biden is still the target Leading Democrats largely pull punches at debate MORE by explaining the meaning of the word "exculpatory" while she discussed the impeachment inquiry during a press conference on Thursday.
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