Carissa Byrne Hessick
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cbhessick.bsky.social
Carissa Byrne Hessick
@cbhessick.bsky.social

Criminal law professor at the University of North Carolina
Director of the Prosecutors and Politics Project
Author of Punishment Without Trial: Why Plea Bargaining is a Bad Deal

Political science 36%
Law 27%

I think you’re misusing the concept of whataboutism

More importantly, you seem to be assuming that criminal cases either can’t or shouldn’t be assessed on their individual merits

You are obviously free to form your own opinion of the case. I’m just offering my analysis

The Comey case looks like a political prosecution in part because of the ridiculous installation of Halligan as the US Atty in the EDVa

The Bolton case comes out of DMd, which as I said, is being run by a career prosecutor.

Also the FBI investigation of Bolton predates the Trump presidency

Yes. Exactly. Which is presumably why criminal charges were filed against Trump

You mean the judge whom I literally referred to by name in the previous post?

Trump was charged, but not convicted

So I’m not sure I’d say he got away with it

But I certainly understand being dissatisfied with how that case was handled by Judge Cannon

And the indictment itself is here: storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com

To be clear—the fact that Trump has called for Bolton to be charged is highly inappropriate. It undermines the public legitimacy of the charges.

But that doesn’t mean the charges should not have been brought.

To the contrary, there are good reasons to think the charges are warranted

Reposted by David Darmofal

For those who are trying to assess the legitimacy of the charges against Bolton:

1) these charges came from the MD US Atty’s office—which is led by a career prosecutor
2) the investigation predates Trump taking office
3) the indictment suggests large amounts of classified material were involved

I mean the Daniels case. And we will have to agree to disagree about the business records charges in that case.

But at least some of the criticisms of the Comey indictment can be made about the NYS prosecution of Trump for the Stormy Daniels payments.
There were clear political reasons to bring that case, the underlying actions were far from egregious, and reports from the Manhattan DAs office were troubling

It's tempting to focus only on Trump's public statements to Bondi and others, directing them to indict Comey and the public reports about how career prosecutors warned against bringing the charges against Comey.

These facts all look really horrible, and there are many reasons to criticize this case

Whatever ends up happening in the James Comey prosecution, our country needs to grapple with the fact that public confidence in the impartiality of criminal prosecutions has been terribly damaged over the past few years.

I’m sure that bodes well for getting a conviction at trial
New on MSNBC: According to the court transcript, only 14 of the 23 grand jurors voted in favor of indicting James Comey on the two counts that went forward.
New on MSNBC: According to the court transcript, only 14 of the 23 grand jurors voted in favor of indicting James Comey on the two counts that went forward.
Oddly striking how this teenager, in accounting for her admittedly criminal behaviour, frames it as self-care. www.bbc.co.uk/news/article...

I’m writing a book & it’s keeping me busy!

Given what’s been happening in DC, I would think no one in DOJ should feel particularly confident about whether a grand jury will indict anyone right now.
FORMER FBI DIRECTOR COMEY EXPECTED TO BE INDICTED IN COMING DAYS IN EASTERN DISTRICT OF VIRGINIA -NBC REPORTER ON X
FORMER FBI DIRECTOR COMEY EXPECTED TO BE INDICTED IN COMING DAYS IN EASTERN DISTRICT OF VIRGINIA -NBC REPORTER ON X
I decided to look at all 66 prosecutor elections this fall.

Why? Prosecutors have huge power over sentencing, charging, second chances, and even immigration implications.

Here's everything you need to know, from East to West Coast. New from me:
Your Guide to the 2025 Prosecutor Elections - Bolts
Most of November's prosecutor races feature just one candidate, as usual. But key races will shape the politics of criminal justice, from Philly to Seattle — plus a wild card in New Jersey.
boltsmag.org

Thanks, Jane!
I enjoyed reading through @cbhessick.bsky.social's latest "Prosecutors and Politics" study. Surprising to learn that most media coverage about prosecutors is neutral in tone (only 6% of 2020 coverage about prosecutors was negative). Is that still true in 2025, in today's era of weaponized justice?

Just posted my new paper (coauthored with Andy Hessick), called Facts, Policy, and Discretion, which is is forthcoming in the @ucdavislaw.bsky.social law review

We address an important error that I keep seeing in criminal justice cases about the nature of discretion papers.ssrn.com/sol3/papers....

Yup. I think we write symposium papers more quickly, and sometimes include summaries of prior work. Because they're written quickly, I think the summaries tend to be less carefully caveated than our primary work.

I’ve been wondering whether we could check professors’ symposium pieces to see a) what their priors are and b) how they perceive the core of their arguments when stripped bare of our ordinary hedging and careful language
Calling it: Grand Jury Bluesky will be the worst Bluesky so far.

Tagging in some folks @steveleben.bsky.social @coreyryung.bsky.social to make sure they see the post . . .

Curious whether anyone could tell me more about this statutory restriction on plea bargaining in Kansas.
The conventional wisdom is that the parties will always evade plea bargaining prohibitions. I'm curious whether that has been the experience in KS with this limited carveout
I'm a professor at the flagship university for the fourth whitest state in the US. Over 80% of our students are white.

The biggest barrier to access here is that due to lack of state funding, we have top 10 highest tuition per capita of public unis in the country.

We also have a food pantry.
oh, we have some straightforward gutter racism. “the blacks and the browns are the reason white people can’t get ahead” www.washingtonpost.com/technology/2...