The practice is not confined to federal court:  a prosecutor calls a press conference often flanked by law enforcement to announce the charges against the accused.  Surely this is a legitimate news story but when it goes too far there is certainly a chance that jury pools will be harder to find.

Decades ago a former member of the Cabinet said after his acquittal “who will give me back my reputation?”

What if anything should a judge do when he or she feels that the line was crossed?

Gag orders have their own set of problems and in any event, a gag order comes after the initial press release or press conference.

So, a short story in the Minnesota Lawyer frames the issue well:

U.S. District Judge Richard Sullivan, who serves the southern district of New York, recently criticized prosecutors for using press releases “designed for tabloid consumption,” saying more consideration should be given to whether such press releases are appropriate pre-conviction.

Sullivan said press releases that play up the drama of a case could undermine the presumption of innocence. A deputy U.S. Attorney from Sullivan’s district defended the practice, saying press releases were designed for lay people who “can’t read a complaint.”

Sullivan referred to one press release in particular regarding criminal charges filed against a New York City councilman and a New York state senator. The press release quoted U.S. Attorney Preet Bharara referencing a “show-me-the-money culture” and “an unappetizing
smorgasbord of graft and greed.

The Wall Street Journal Law Blog also has this story, here.