Critiques of the DOJ memo

As noted before, the DOJ memo to prosecutors can be the subject for much commentary, and the blogsphere is already making comments. Here’s a post from Crime & Federalism and another from TalkLeft, both of which note some questionable assertions and gaps in the memo.

UPDATE: Here’s a link to the AP story discussing DOJ’s memo.

ANOTHER UPDATE: From Ken Lammers at CrimLaw, here’s more commentary on the DOJ memo. Among other nice insights, Ken spots the issue of whether a defendant can “waive” the burden of proof, a point I was debating with colleagues after the DOJ memo came out.