Category: Lawyering

Columns, Free Speech, Lawyering, Politics

The Disbarment of John Eastman: The California Bar Bags a Trump Lawyer and Leaves Troubling Questions

Below is my column in the California Post and New York Post on the disbarment of John Eastman. I criticized the January 6th speeches while they were being given and disagreed with the legal theories presented to stop the certification. However, this action leaves troubling questions of consistency and clarity in the standards used to judge lawyers presenting novel or controversial legal arguments. It also is likely to have a chilling effect on the exercise of free speech by lawyers.

Here is the column: Continue reading “The Disbarment of John Eastman: The California Bar Bags a Trump Lawyer and Leaves Troubling Questions” →

Columns, Criminal law, Lawyering, Supreme Court

Protecting the Plate: Chief Justice Roberts Faces Two Strikes After New Leak Rocks the Court

The legendary baseball player and manager Ted Williams once wrote a letter to the Angels outfielder Jay Johnstone on improving his hitting. Among his pieces of advice was that “with two strikes, you simply have to protect the plate.”

Williams’s advice on not striking out came to mind this week when another leak of confidential information rocked the Supreme Court. (The prior leak of the Dobbs decision went unsolved). For Chief Justice John Roberts, the message is clear: it is a time like this when you have to protect the plate. Continue reading “Protecting the Plate: Chief Justice Roberts Faces Two Strikes After New Leak Rocks the Court” →

Criminal law, Lawyering

“Mr. Biden Lives Abroad”: Hunter Leaves Country as Former Lawyers Seek Millions

“Mr. Biden lives abroad.” Those four words in a filing from Barry Coburn confirmed what had long been rumored about his client: Hunter Biden has left the country as his former lawyers and creditors seek millions in unpaid debts. He added, “He cannot pay his current lawyers.”

Continue reading ““Mr. Biden Lives Abroad”: Hunter Leaves Country as Former Lawyers Seek Millions” →

Columns, Lawyering, Politics

Whatever the Ruling on Birthright Citizenship, ABA will likely be the Biggest Loser

Below is my column in the Hill on the argument this week in Trump v. Barbara, the birthright citizenship case. There are good-faith arguments on both sides and lawyers are divided on the question. For that reason, the most notable brief may have been the amicus brief of the American Bar Association, which filed a strident defense of birthright citizenship.

Here is the column: Continue reading “Whatever the Ruling on Birthright Citizenship, ABA will likely be the Biggest Loser” →

Constitutional Law, Free Speech, Lawyering, Politics

Louisville Shells Out $800,000 for Unconstitutional Demands on Christian Photographer

The city of Louisville, Kentucky, has agreed to pay $800,000 in attorney fees to settle a case with a Christian photographer who fought to protect her religious and free speech rights over the years of litigation. Louisville ultimately spent a fortune to force Chelsey Nelson to photograph same sex marriages under its nondiscrimination laws. When combined with its own litigation costs, the case likely cost the city and the courts millions to deny Nelson her constitutional rights. Continue reading “Louisville Shells Out $800,000 for Unconstitutional Demands on Christian Photographer” →

Courts, Lawyering

What is Not to Like: Delaware Judge Kathaleen McCormick Draws Fire Over “Liking” Musk Loss

I have long been a critic of Judge Kathaleen McCormick of Delaware over her absurd rulings against Elon Musk and his compensation package at Tesla. In my view, her rejection of the decision of shareholders to approve a generous compensation package reflected a deep bias against the billionaire. Now, McCormick is in hot water after “liking” a story about Musk losing a major case in California. McCormick’s LinkedIn message has prompted Musk’s team to demand that she recuse herself from any future proceedings involving Musk. Continue reading “What is Not to Like: Delaware Judge Kathaleen McCormick Draws Fire Over “Liking” Musk Loss” →

Constitutional Law, Courts, Lawyering, Politics

Boasberg’s Law: Why The Quashing of the Powell Subpoenas Leaves More Questions Than Answers

Last week, Chief Judge James Boasberg delivered a blow to the criminal investigation into Fed Chair Jerome Powell by tossing out grand jury subpoenas. Boasberg declared the investigation overtly political and coercive, without any criminal predicate. The decision is a rare rejection of a duly issued grand jury subpoena at this stage of an investigation. In my view, he was premature and could face a difficult appeal in In re Grand Jury Subpoenas, Bd. of Governors of the Federal Reserve System v. U.S. Continue reading “Boasberg’s Law: Why The Quashing of the Powell Subpoenas Leaves More Questions Than Answers” →

Criminal law, Lawyering

Michael Cohen Turns Against Letitia James and Alvin Bragg
C-Span/YouTube Screenshot

Michael Cohen is back.

The disbarred lawyer has spent a lifetime marketing his curious skill set: a moral and ethical flexibility that allows him to do things that others would find revolting.  A legal thug who threatened students, journalists, and others on behalf of his former client. He then turned against Trump to cut a deal for himself after being criminally charged for fraudulent conduct. He has now turned against the New York prosecutors who sought to rehabilitate him to prosecute Trump. Continue reading “Michael Cohen Turns Against Letitia James and Alvin Bragg” →

Courts, Criminal law, Lawyering

Milwaukee Judge Hannah Dugan Found Guilty of Obstruction

A jury in Milwaukee this week proved that it takes more than a robe to act like a judge. On Thursday, Judge Hannah Dugan was found guilty of the most serious count brought against her in a case that captivated many in the nation. Dugan famously told a fellow judge to wear her robe in the hallway to confront federal officers seeking to arrest a suspect.

Continue reading “Milwaukee Judge Hannah Dugan Found Guilty of Obstruction” →

Courts, Criminal law, Lawyering

Fellow Judge Delivers Blow to the Defense of Hannah Dugan

The trial of Milwaukee County Judge Hannah Dugan began this week. Yesterday, the defense was delivered a blow from the testimony of the judge, who Dugan enlisted to confront ICE officers seeking to arrest an illegal alien in the courthouse. Judge Kristela Cervera testified that she was pulled into the dispute by Dugan, who she said admitted that she was trying to help Eduardo Flores-Ruiz as he evaded officers. Continue reading “Fellow Judge Delivers Blow to the Defense of Hannah Dugan” →

Criminal law, Lawyering, Politics

The Curious Tale of Columbia Professor Daniel Richman

Just The News is reporting that “Person 3” in the Comey indictment is not former FBI Deputy Director Andrew McCabe but rather Columbia Professor Daniel Richman. According to the outlet, Richman is the former FBI employee in the indictment who allegedly leaked information about “Person 1,” who is believed to be Hillary Clinton. The report continues the long uncertainty over Richman’s role in these controversies. Richman has described himself as a friend, an FBI special employee, and the lawyer representing Comey at different times. He has also been a columnist and commentator, including for the site Lawfare run by Comey’s friend Ben Wittes. What Richman was doing at any given time remains strikingly uncertain. Professor Richman is not himself charged with any crime.

Continue reading “The Curious Tale of Columbia Professor Daniel Richman” →

Courts, Lawyering

Justice Delayed: New York Appellate Court Reportedly Split Over Trump Civil Fraud Judgment

Some of us have expressed frustration with the ridiculous delay in the appellate court review of the absurd civil judgment against Donald Trump. It appears to have entered some judicial black hole where neither light nor an opinion can escape. Now, the Wall Street Journal claims that it is due to a deeply divided panel in a column titled “Court Split Leaves Trump’s Civil Fraud Appeal Stuck in Slow Lane.” Continue reading “Justice Delayed: New York Appellate Court Reportedly Split Over Trump Civil Fraud Judgment” →

Courts, Lawyering, Politics, Supreme Court

A Judge of Her Peers? Judge Dugan Assigned a Judge Previously Rebuked for Political Comments

Five years ago, I wrote about a federal judge who, in my view, had discarded any resemblance of judicial restraint and judgment in a public screed against Republicans, Donald Trump, and the Supreme Court. The Wisconsin judge represented the final death of irony: a jurist who failed to see the conflict in lashing out at what he called judicial bias in a political diatribe that would have made MSNBC’s Lawrence O’Donnell blush.

His name is Lynn Adelman. Continue reading “A Judge of Her Peers? Judge Dugan Assigned a Judge Previously Rebuked for Political Comments” →

Columns, Free Speech, Lawyering

To Be or Not To Be a Hypocrite? Outrage over Trump Targeting Law Firms is Turning Shakespearean

Below is my column in The Hill on the recent opinion blocking President Donald Trump’s executive order sanctioning the law firm of Perkins Coie for its role, on behalf of the Clinton campaign, in the Russian collusion scandal. The opposition to the order has taken on a certain Shakespearean flare that conceals the underlying hypocrisy of many of these lawyers.
Res ipsa loquitur – The thing itself speaks