Over the past several weeks, this site has commented on the extensive debate over proposed amendments to Rule 41 of the Federal Rules of Criminal Procedure. A summary of the changes and commentary can be found here.
The amendments are set to take effect later this week on December 1. A proposal in Congress is seeking to delay that effective date until January 1, 2017 in order for further review. The DOJ responded to the criticisms earlier today in a blog post. The response stressed two major points, which mirrored the thoughts of this author’s original post above. The amendments only alter the procedure of the rule regarding venue, and they do not lower the standard for obtaining warrants. The full DOJ response is attached below.
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