On October 16, 2013, the Supreme Court heard oral argument in Kaley v. United States. The question in this case is whether, when a post-indictment ex parte restraining order freezes assets needed by a criminal defendant to hire his attorney of choice, the Fifth and Sixth Amendments require a pre-trial hearing at which the defendant may challenge the evidentiary support and legal theory upon which the government relied to freeze the assets.

To discuss the case, we have Scott Bullock, a senior attorney at the Institute for Justice in Washington, D.C.

[Return to the SCOTUScast menu]