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Feds Seek Deadline for Goldstein to Reveal 'Blame Everyone' Defense

Federal prosecutors have asked a Maryland federal judge to force SCOTUSblog co-founder Tom Goldstein to say by December whether he will mount a broad “blame everyone” defense at trial. The request, revealed in a brief Law360 notice, underscores the government’s push for early clarity on trial strategies that could shape discovery and courtroom preparation.

James Thompson3 min read
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Feds Seek Deadline for Goldstein to Reveal 'Blame Everyone' Defense
Feds Seek Deadline for Goldstein to Reveal 'Blame Everyone' Defense

Federal prosecutors on Friday urged a Maryland district judge to impose a December deadline for SCOTUSblog co-founder Tom Goldstein to disclose whether he intends to assert at trial a sweeping “blame everyone” defense, according to a short notice published by Law360. The filing seeks to require early notice of a defensive theory that the government says, if asserted late, would hamper preparation and require additional discovery time.

The motion, as described in the Law360 summary, asks the court to compel a clear statement about Goldstein’s intended defenses so that the parties and the court can plan pretrial scheduling, anticipated motions, and any necessary fact-finding. The filing reflects routine friction that arises when prosecutors press for certainty on trial themes that can substantially expand the scope of discovery and the range of potential witnesses.

Goldstein, known publicly as a co-founder of the influential Supreme Court–focused blog SCOTUSblog, has not, in the public summary, detailed the substance of the defense the government anticipates. The government’s characterisation of a “blame everyone” strategy signals concern that the defense might attempt to diffuse responsibility across a wide array of actors or circumstances rather than contest discrete factual allegations. Courts routinely require defendants to disclose affirmative defenses and the identities of anticipated witnesses under the Federal Rules of Civil Procedure and comparable criminal practice rules in order to prevent ambush and to streamline trials.

A judge’s decision to impose an early disclosure deadline can have practical consequences: it can trigger targeted discovery requests, influence motions in limine, and set the timetable for witness and expert disclosures. For prosecutors, the ability to anticipate a defense’s contours is central to evaluating whether to pursue certain lines of inquiry or to move for pretrial rulings that narrow issues. For defense counsel, the timing of such disclosures can touch on trial strategy and the protection of work product.

The request also highlights tensions that surface when high-profile figures are litigants in federal cases. Goldstein’s prominence as a media founder adds a public dimension to what might otherwise be purely procedural litigation. Observers often watch such pretrial skirmishes because they can shape not only the logistics of a trial but also public perceptions of fairness and transparency in the judicial process.

The Law360 summary does not include comments from the parties or a copy of the complete filing, and the full article is available behind a paywall. The court in Maryland will need to balance the government’s interest in orderly trial preparation against any legitimate concerns the defense might raise about the burdens of premature disclosure.

The judge’s eventual ruling will offer a window into how courts manage broad defensive theories that risk expanding trials beyond discrete allegations, reinforcing the role of pretrial management in preserving efficient and fair adjudication.

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