Brief of National Association of Criminal Defense Lawyers and the New York Council of Defense Lawyers as Amici Curiae Opposing the Petition of the United States for Rehearing or Rehearing En Banc.
Argument: The panel’s definition of “personal benefit” represents a faithful application of Dirks and a welcome clarification of the law in this Circuit. The panel correctly applied Dirks. The panel properly clarified the applicable standard for personal benefit. A loose standard for personal benefit would raise serious issues under due process and separation of power principles.