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Najam Azmat v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-14262 · judgment September 28, 2022


Certiorari denied · October 2, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Does the Department of Justice have an obligation to charge the prosecutors and Federal Agents if they engage in criminal activity during the course of their investigation or prosecution in the very case they are investigating or prosecuting, just like any ordinary citizen engaged in similar conduct in consideration of EQUAL JUSTICE FOR ALL since their actions result in loss of immunity, having being specifically informed of violating 18 USC §242 pursuant to 28 USC §535 (b)?

  2. Does 18 U.S. Code § 4 - Misprision of felony apply to Department of Justice officials, regardless of their title or ranking in the DOJ (including Attorney General), who were officially informed of criminal acts committed by prosecutors and Federal Agents in obtaining indictments and convictions when all four elements of misprision are satisfied and were in a position or were obligated to intervene, but failed to do so which essentially amounts to a constructive step to protect the criminals? Also, in such a situation does everyone who is aware and was in a position to intervene (including Attorney General) but did not in spite of being provided incontrovertible evidence of crimes, lose their immunity and should be charged with Misprision of Felony like any ordinary citizen because there should be EQUAL JUSTICE FOR ALL?

Counsel of record

For petitioner
Najam Azmat

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 20 2023
    Rehearing DENIED.
  2. Nov 01 2023
    DISTRIBUTED for Conference of 11/17/2023.
  3. Oct 26 2023
    Petition for Rehearing filed.
  4. Oct 02 2023
    Petition DENIED.
  5. Jun 14 2023
    DISTRIBUTED for Conference of 9/26/2023.
  6. Jun 05 2023
    Waiver of right of respondent United States to respond filed.
  7. Mar 27 2023
    Petition for a writ of certiorari filed. (Response due June 29, 2023)