Articles Tagged: Federal Criminal Law
The U.S. Court of Appeals for the Second Circuit has handed federal prosecutors a significant win in the Buffalo mass-shooting case, ruling that the Justice Department may rely on the alleged gunman’s racist motive as part of its pursuit of the death penalty. The decision addresses a high-stakes issue in one of the most closely watched federal criminal prosecutions in the country: how the government may frame aggravating factors when seeking capital punishment.
At a practical level, the ruling means prosecutors can present the alleged racial animus behind the 2022 supermarket attack as relevant to the penalty phase, rather than being forced to cabin the case to the underlying acts alone.
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Federal prosecutors have announced charges against Cole Tomas Allen in a case alleging attempted assassination of the president and assault on a federal officer with a deadly weapon. Even at the indictment stage, the matter immediately stands out as one of the most consequential federal criminal prosecutions in the current news cycle, both because of the alleged target and because of the extraordinary security, evidentiary, and public-interest issues that typically accompany charges of this magnitude.
The case, styled United States v. Cole Tomas Allen, is significant not simply for the severity of the allegations, but for the procedural and strategic questions it is likely to raise as it moves forward.

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