FARWELL ARGUES DEFECT IN MURDER CHARGE REQUIRES DISMISSAL - Attorney reviews and analyzes motion

Описание: Matthew Farwell's prosecution for murder by the federal government requires that his case fit one of the limited circumstances under federal law where murder is considered a federal crime. His motion to dismiss argues that the indictment doesn't allege the necessary facts to support federal jurisdiction, so it must be dismissed. Unfortunately, it looks to me like his argument is pretty good. We go through the motion, look at some of the applicable law, and talk about what could happen.

0:00 Introduction
1:22 Background of the motion - it alleges a legal defect
2:42 The federal basis for jurisdiction is the issue
3:21 Looking at the indictment - specifically what's charged
8:12 Looking at the statute - what they have to prove
9:32 Back to the motion to see how serious it is
13:29 Discovery and how it relates to fair notice of the charge
15:50 The legal argument
17:01 The way charges have to be described in the indictment
21:13 Argument that the specific communication must be directed to a federal officer
23:13 Is "of the United States" an essential element of the charge?
27:02 If the federal officer requirement is required, do we have a serious factual problem?
34:42 If the grand jury hasn't made a finding on an essential element, it may not be a crime
35:28 Nonbinding cases support the defense's argument
39:49 The facts alleged raise questions about the basis for federal jurisdiction
42:13 A bill of particulars may be able to fix some issues, but not all
44:39 Essentially, the federal government would fish at trial for the basis to prosecute
46:46 The analogy: Contempt of Congress
49:51 What Farwell wants to happen
50:06 Don't sleep on the Federal Public Defenders
50:45 I'm sorry to say I think this is a good argument
53:45 So what happens if he wins? They can go back to the grand jury
55:46 They can also possibly pursue different crimes
59:09 Still, it means the Norfolk County DA election is pretty important for this case