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a little update for you
I need you to understand where the campaign is at with 22 days left to Election Day.
George Conk
@georgeconk.bsky.social
500 followers 422 following 1.5K posts
sailor, husband, father, lawyer, law professor, editorial board - New Jersey Law Journal My SSRN page: papers.ssrn.com/sol3/cf_dev/AbsByAu…
![QUESTION PRESENTED
The Bail Reform Act of 1984 authorizes the detention of a person charged with a criminal offense pending trial if a “judicial officer finds that no condition or
combination of conditions will reasonably assure the
appearance of the person” for trial “and the safety of
any other person and the community.” 18 U.S.C.
§ 3142(e)(1), (f).
If the detainee or the government disagrees with the
district court’s judgment on that issue, they may “appeal from a release or detention order,” and ask the
court of appeals to review that decision. Id. § 3145(c).
But “[t]he circuits have long been split on just how
searching that review is.” United States v. Wilks, 15
F.4th 842, 847 (7th Cir. 2021). “Some courts” apply de
novo review, others apply “the clearly erroneous or
other highly deferential standard,” and still others occupy a middle ground, conducting “independent review” tempered by “deference” to the district court.
United States v. O’Brien, 895 F.2d 810, 812-814 (1st
Cir. 1990).
The question presented is:
Whether an appellate court should review a district
court’s order granting or denying pretrial release de
novo—as the Sixth, Eighth, Ninth, Tenth, and Eleventh Circuits have held—or whether the appellate
court owes some deference to the district court’s determination, as the First, Second, Third, Fourth, Fifth,
Seventh and D.C. Circuits have held?](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:bbp2b224lro3bfnzcqwwnkfo/bafkreifh6zotpxz5rim772eznwts63pw6pr4bhe2amxueu5qlvdpxzkwea)
