Although the rationale for impeaching with prior convictions is to shed light on an individual’s “propensity for truthfulness,” prior convictions have no connection to truthfulness or untruthfulness. Instead, this practice provides leverage for prosecutors because it deters vital witness testimony. How can defense attorneys push back against the practice of prior conviction impeachment right now?

The "Free Flow of lnformation Act" (S. 448; H.R. 985) … was reintroduced in the 111th Congress. Soon after this legislation was introduced in the 110th Congress (S. 2035; H.R. 2102), NACDL formed its Reporters' Shield Legislation Task Force to study the proposed law and ascertain the potential implications for the integrity and fairness of our criminal justice system. I write ... to explain our specific concerns with the language of the most recent versions and to articulate our view that any legislation of this nature not be used to undermine the criminal justice process.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure and Federal Rules of Evidence.

Frank Bowman and Stephen Sepinuck's written statement to the House Judiciary Subcommittee on the Constitution regarding the history, interpretations, and limitations of presidential impeachment.

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorari.