Unlevel Playing Field for High Profile Defendants in Pretrial Publicity Game
August 23, 2023 | The Insider: White Collar Defense and Securities Enforcement
Donald Trump and Samuel Bankman-Fried’s controversial behavior as they await trial has put the limits on criminal defendants’ pretrial conduct on center stage. Whether we like them or not, failing to recognize Trump and Bankman-Fried’s rights to counterbalance negative prosecution-fueled media risks setting adverse precedent for all high-profile defendants who already may face an unlevel playing field in criminal cases. In his latest blog post, Morvillo Abramowitz partner Robert J. Anello explores the balance between limitations on defendants’ pretrial speech, and defendants’ recognized due process and Sixth Amendment rights to “re-influence” the public in securing a fair trial.