Overview
Steptoe partner Brian Heberlig authored “Congressional Gamesmanship Leads To An Acquittal In Deepwater Horizon Case - United States v. David Rainey: A Case Study,” published in the Berkeley Journal of Criminal Law (Vol. 20, Issue 2, Fall 2015). His article examines the pretrial litigation that led to Mr. Rainey’s acquittal on the obstruction of Congress charge. It also contains the district court’s unreported oral decisions from the bench, which addressed an important issue of first impression: the consequences to a criminal case of a fundamental conflict between the Speech or Debate Clause privilege against disclosure of legislative act evidence and a criminal defendant’s Fifth and Sixth Amendment rights to compulsory process and to present a defense at trial. Finally, it addresses the major lessons learned from this case.
Mr. Heberlig, along with Steptoe partner Reid Weingarten, successfully represented Mr. Rainey – the highest ranking BP executive charged in connection with the Deepwater Horizon oil spill – in a case tried in New Orleans, Louisiana. Based on documents uncovered during pre-trial discovery, the Steptoe defense team successfully argued that selective invocation of the Speech or Debate Clause privilege by congressional witnesses interfered with Mr. Rainey’s right to present a defense. US District Court Judge Kurt Engelheardt agreed and acquitted Mr. Rainey of the lead obstruction of Congress count on the first day of trial. Less than a week later, a New Orleans jury acquitted Mr. Rainey of the sole remaining charge alleging that he made a false statement to federal law enforcement agents during an interview a year after the Deepwater Horizon incident.
The full text of the article can be found here.
