Professor Gregory Germain spoke with Newsweek in the wake of Silk Road website Founder Ross Ulbricht being pardoned by President Trump. At question is if Ulbricht could regain cryptocurrency, now valued at $18 billion, that was seized in the case against his website.
“The law currently says that a pardon does not erase the fact that a person was convicted, nor does a pardon affect civil liability to an individual or to the government,” Germain said.
“It only affects the government’s ability to impose or continue a criminal punishment.”
Crandall Melvin Professor of Law Shubha Ghosh spoke with The Hill for the story “Trump, GOP China hawks at odds over TikTok ban.”
The divest-or-ban law, passed by Congress in 2024 and recently upheld by the U.S. Supreme Court, gave TikTok’s parent company Bytedance until January 19, 2025, to divest. The law also allowed the president to issue a 90-day extension if the company is making progress toward a divestiture. It’s unclear if President Trump’s executive order uses that clause.
“The statute itself does allow him to stay [the ban] or to give an extension. And if he’s working within that, then it certainly would be legal for him to do, as long as he’s within his parameters,” said Ghosh.
He earlier spoke with KAAL-TV about Friday’s U.S. Supreme Court decision that weighed national security apprehensions versus First Amendment freedom of speech concerns. “If manipulation is a justification for what Congress does and that overcomes you know first amendment concerns, then maybe Congress has been given more authority to go after not only foreign manipulation, but also domestic manipulation,” said Ghosh.
His comments are at 1:01 and 1:20 of the news story.
Associate Teaching Professor and Director of the Criminal Law Clinic Thomas Leith spoke with Newsday for the article “New NYS Court of Appeals hears more cases; prosecutors win fewer of them, data shows.” The article looks at data from the first year of the NY State Court of Appeals under Chief Judge Rowan Wilson which shows more judgments in favor of defendants.
“There’s a feeling now within the defense bar that, under Judge Wilson, you have a shot,” said Leith. “The feeling under Judge DiFiore was that your chances of winning or even getting your case to the top court were never very good.”
There is also a trend in which the court is hearing more cases under Judge Wilson. “The big uptick in cases heard under Judge Wilson is really important,” Leith said. “I think everybody should be happy that more cases are being decided” because the top court can clarify statutes and settle instances where mid-level courts issued differing opinions on a legal issue.”
Professor Gregory Germain spoke with The Hill on the possibility of jury nullification for the Luigi Mangione trial, the man accused of fatally shooting UnitedHealthcare CEO Brian Thompson.
Jury nullification occurs when a jury returns a not guilty verdict even though jurors believe beyond reasonable doubt that the defendant has broken the law. This may happen when jurors disagree with the law or the punishment.
“I think it’s very unlikely that a case like this is going to confront something like jury nullification,” said Germain. “Most of us hate insurance companies and have had difficult experiences dealing with insurance companies, but that doesn’t mean we think people should be going around murdering insurance executives in the street.”
Germain noted that it’s unlikely potential nullifiers will be able to hide that level of bias during the jury selection process. He adds that while Mangione does have a large fanbase, most “people who want to live in a civilized society are not going to find him to be an appealing defendant.”
The Supreme Court has generally deferred to the president’s judgment to invoke the Insurrection Act, which Trump may use to justify deploying the military to deport undocumented immigrants.
“There isn’t much of a historical set of precedents to interpret laws like the Insurrection Act,” Banks said. “And the reason, ironically, is that the courts have given such a wide berth to the president to make the call about when it’s and when it’s not necessary to use the military.”
The 1807 law, Banks said gives the president “enough discretion that he could drive a truck through” its requirements to deploy the military at home, such as for immigration enforcement.
“The act allows him to do a lot on his own,” Banks added, “with very few procedural hurdles.”
Adjunct Professor Jared Landaw recently spoke with Bloomberg after the Fifth Circuit struck down NASDAQ’s rule to compel listed companies to have a more diverse board of directors.
In the article, Landaw said smart companies send a signal when they release information about board diversity. In more than 16 years at Barington Capital Group, including as chief operating officer, he found “many under-performing companies tend to have some form of homogeneousness in the board room that’s either contributed to the problem or prevents the board from self-correcting.” Bringing in directors of different demographic and life backgrounds helped address the problem.
“A majority of S&P 500 companies disclose their diversity statistics, regardless of whether they are traded on Nasdaq,” Landaw said. “I think that’s a reflection of what investors want and have come to expect.”
Professor Gregory Germain recently spoke with USA Today for the story “Trump’s election helped him with his criminal cases. What about the civil lawsuits he faces?” Based on Supreme Court precedent, presidents are not immune from civil liability for private actions.
The USA Today article notes that “Trump could go on to file motions asking courts to dismiss the civil cases, claiming they – with their massive judgments – will unconstitutionally distract from and interfere with his upcoming presidency, just as he is arguing that his two state criminal cases should be fully dismissed for those reasons. For him to win that argument about civil lawsuits, however, courts would need to announce brand-new protections for a president-elect or sitting president. No one in those positions has ever before been made fully exempt from civil lawsuits.”
In response, Germain says “The (Supreme Court) would have to extend the law in a way that they never have.”
The Syracuse University College of Law is proud to announce three honorees featured on the 2024 Association of American Law Schools (AALS) Pro Bono Honor Roll, which recognizes individuals advancing access to justice through exceptional pro bono contributions.
Elliot Malin L’24
Elliot Malin, a 2024 graduate of the College of Law, completed an extraordinary 1,400 hours of pro bono work. Malin collaborated with the Lizzy Hammond Foundation to raise awareness about accidental deaths in inflatable bounce houses and organ donation, as well as with the Anti-Defamation League of Nevada and the ACLU to provide legal support to an underserved individual in a protected class. His remarkable dedication earned him the College of Law’s Outstanding Pro Bono Service Award for the Class of 2024.
Professor Paula Johnson
Professor Paula Johnson, a distinguished faculty member and co-founder of the Cold Case Justice Initiative (CCJI), was recognized for her significant contributions to civil rights-era justice. CCJI investigates racially motivated murders from the civil rights movement and educates law students and the public on these critical cases. Beyond CCJI, Professor Johnson’s teaching and scholarship focus on criminal law, race, voting rights, and gender justice.
Dafni Kiritsis, Director of Externships & Career Services
As the director of the College of Law’s Pro Bono Recognition Program, Dafni Kiritsis has played a vital role in promoting pro bono work among law students. Under her leadership, students who complete 50 or more hours of qualifying pro bono work are recognized at commencement. Kiritsis also organizes the annual Pro Bono Fair and facilitates collaborations between students and local public interest attorneys.
These honorees exemplify the College of Law’s commitment to public service and advancing justice for underserved communities.
“Elizabeth Kubala takes her students from the classroom to the community, breaking down barriers so veteran clients can access quality health care, food and other government benefits. Her work bridges generations, aiding recent veterans now enrolled in college to those who fought in Korea and Vietnam.”
—Domenick Napoletano, New York State Bar Association President
Under her direction, students in the Betty and Michael D. Wohl Veterans Legal Clinic (VLC) have authored amicus briefs to the United States Supreme Court and argued cases at the Federal Circuit Court of Appeals. Her tenacity has brought about new programs and funding to fight veteran homelessness and substance use. Professor Kubala’s nomination praised her infectious enthusiasm and passion for her work.
Syracuse University and the College of Law proudly support veterans through a legacy of over 100 years of commitment to military-connected students. Recognized as one of the Best Private Schools for Veterans and dedicated to being the Best Place for Veterans™, Syracuse offers unparalleled resources, academic programs, and student organizations for our veteran population.
Syracuse University is also home to the D’Aniello Institute for Veterans and Military Families, a national non-profit organization which has supported more than 208,000 service members, veterans, and military family members through programs and services which empower them in their post-service lives.
In reviewing the state’s report on the facility, Kohn commented “We really need to be thinking about penalties beyond inspections. Is this a facility that the state should be licensing?”
