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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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Brief of Criminal Defense Attorneys (NACDL and FACDL) as Amicus Curiae in Support of Petitioner (On Petition for Writ of Certiorari).
Argument: The Sixth Amendment right to counsel demands a strict construction of section 1956(a)(1)(B)(i)’s heightened intent requirement. The reasoning of Caplin & Drysdale and Monsanto is flawed. In those cases, the Court construed the Sixth Amendment as offering no constitutional protection to the payment of counsel of choice with the proceeds of alleged, but not yet proven, criminal conduct. This case represents an ideal vehicle to determine whether the validity of the decisions should be reconsidered, as Justice Kagan, in Luis v. United States, 136 S. Ct.1083, 112 (2016) (Kagan, J., dissenting), suggested might now be appropriate.
