Category: Lawyering

Criminal law, Lawyering, Media

Cohen v. Costello: Coming Soon to a Cable Show–and Courtroom–Near You
C-Span/YouTube Screenshot

Yesterday, I ran a column in USA Today on the unpalatable prospect of Manhattan District Attorney Alvin Bragg putting disbarred attorney Michael Cohen on the stand as his star witness in the case against former president Donald Trump. Given Cohen’s past lies and conduct, it will be a target rich environment for cross examination. As if on cue, Cohen just added another potential item for a withering cross: he denied any memory of a waiver of attorney-client privilege in a public tiff with Robert Costello. Continue reading “Cohen v. Costello: Coming Soon to a Cable Show–and Courtroom–Near You” →

Courts, Lawyering, Politics

New Orleans Judge Under Fire for Failing to Disclose Interest in Mayoral Recall Effort

Jennifer Medley is one of many citizens who appear fed up with the crime and poor management of New Orleans. Medley reportedly joined thousands of others in signing a petition to recall New Orleans Mayor LaToya Cantrell. As a single mom working in the city, she has good reason to be concerned. However, Medley is also a judge. Indeed, she is the very judge that just ruled on the recall effort without disclosing that her name is one of those seeking the recall. Continue reading “New Orleans Judge Under Fire for Failing to Disclose Interest in Mayoral Recall Effort” →

Criminal law, Lawyering

Lawyer with the Southern Poverty Law Center Arrested on Possible Domestic Terrorism Charges

In a case reminiscent of the two New York lawyers convicted of firebombing a police vehicle, a lawyer for the Southern Poverty Law Center (SPLC) was arrested for possible domestic terrorism in targeting a police training center in Atlanta. Thomas Webb Jurgens was among 23 suspected domestic terrorists in an attack on the site for a planned $90 million training complex called “Cop City” by protesters.

Continue reading “Lawyer with the Southern Poverty Law Center Arrested on Possible Domestic Terrorism Charges” →

Columns, Criminal law, Justice, Lawyering

“We’re Here to Help”: The Justice Department Makes The Case . . . for a Congressional Investigation

Below is my column in the New York Post on the Wall Street Journal report that the Justice Department declined an offer to conduct the searches for the Biden classified documents after the discovery on Nov. 2. There is a new report this morning that Justice Department officials did go to the residence in Delaware to collect the documents. That in itself is not surprising since the transport of classified documents triggers its own security protocols. It generally required a certified courier or someone else with authority to transport such documents. The question is whether the officials were present for the search. There is no investigatory reason why such facts remain the subject of speculation and leaks. The Justice Department can simply state that the White House is not prevented from giving a full account of what transpired in each of these searches.

Here is the column: Continue reading ““We’re Here to Help”: The Justice Department Makes The Case . . . for a Congressional Investigation” →

Columns, Criminal law, Lawyering

All The President’s Men: Biden’s Use of Lawyers Raises Additional Concerns Over Handling Classified Material

Below is my column in the New York Post on the curious use of lawyers by President Joe Biden in the classified document controversy. There was a clear decision made to rely on his own counsel rather than the FBI or security officers after the discovery of highly classified documents in a closet in a private office. The decision clearly brings greater control and protection for the President, but it can itself be viewed as additional evidence of gross mishandling of classified material. In the movie “All The President’s Men,” Woodward chastises his colleague Bernstein that “I don’t mind what you did; I mind how you did it.” President Biden may face the same objection in his decision to use counsel to search for classified material.

Here is the column:

Continue reading “All The President’s Men: Biden’s Use of Lawyers Raises Additional Concerns Over Handling Classified Material” →

Columns, Lawyering, Media, Politics

“Probing & Pushing Everywhere”: New Twitter Releases Confirm the FBI’s Role in Suppressing the Hunter Laptop Story

Below is my column on Fox.com on the most recent release of Twitter files detailing the FBI’s direct involvement in the targeting and censoring of citizens. The most notable aspect is the effort by the FBI to censor references to the Hunter Biden scandal before the 2020 election. Here is the column:

Continue reading ““Probing & Pushing Everywhere”: New Twitter Releases Confirm the FBI’s Role in Suppressing the Hunter Laptop Story” →

Columns, Justice, Lawyering, Media

The Deep Twitter State? Former FBI General Counsel Fired at Twitter

Below is my column on Fox.com on the firing of former FBI General Counsel James Baker at Twitter. The move by Elon Musk is raising serious questions of whether he has faced a type of “deep state” problem within his own company obstructing his efforts to restore transparency and free speech values to Twitter.

Here is the column:

Continue reading “The Deep Twitter State? Former FBI General Counsel Fired at Twitter” →

Free Speech, Lawyering, Politics

“Welcome Consequences”: Hogan Lovells Fires Partner for Voicing Her Views on the Dobbs Decision

In a column in the Wall Street Journal, Robin Keller, a partner at Hogan Lovells, wrote about being fired from the firm after a distinguished career of 44 years. Keller was not fired for intermingling funds or violating confidentiality of clients. She was fired because she exercised free speech in an internal meeting on the Supreme Court’s decision in Dobbs v. Jackson Women’s Health. After Keller expressed her support for the opinion and concern about higher rates of abortions in the black community, a participant complained that she could not breathe and others called her a racist. She was later suspended and reportedly fired. Continue reading ““Welcome Consequences”: Hogan Lovells Fires Partner for Voicing Her Views on the Dobbs Decision” →

Criminal law, Lawyering

“Lost…in the Emotion of the Night”: Attorney Who Firebombed Police Vehicle Given 15 Month Sentence

We previously discussed the case of two New York attorneys (Colinford Mattis and Urooj Rahman) who joined in violent protests in New York, including firebombing a police vehicle. The Biden Justice Department later gave the two lawyers an astonishingly generous plea deal that avoided long prison sentences. Now Rahman has been sentenced to 15 months after asking for no jail time for throwing the Molotov cocktail.

Continue reading ““Lost…in the Emotion of the Night”: Attorney Who Firebombed Police Vehicle Given 15 Month Sentence” →

Congress, Lawyering, Torts

“Please Tell Me What I’m Missing Here”: Eric Swalwell’s Curious Case Against Parental Rights

Parental rights are becoming one of the defining issues for 2024. Building from Glenn Youngkin’s 2021 gubernatorial victory in Virginia, school boards races and educational initiatives have become some of the most fiercely contested areas on local and state ballots. Rep. Eric Swalwell (D., Cal.) weighed in this week into the area with a curious attack on parents demanding more say in the education of their children. The California Democrat insisted that it is akin to “Putting patients in charge of their own surgeries? Clients in charge of their own trials?” These were curious analogies to draw since patients and clients are in charge of the key decisions in their surgeries and trials. What Rep. Swalwell is missing is called informed consent.

Continue reading ““Please Tell Me What I’m Missing Here”: Eric Swalwell’s Curious Case Against Parental Rights” →

Free Speech, Lawyering, Uncategorized

“Political Hackery” is No Legal Conspiracy: Vindman Lawsuit Tossed by Federal Court for Failing to State a Legal Claim

While largely lost in election day coverage, United States District Judge James Boasberg dismissed the much heralded case of retired Army Lt. Col. Alexander Vindman against Donald Trump Jr., Trump ally Rudy Giuliani and others for witness intimidation and retaliation. In a prior column, I criticized the lawsuit as deeply flawed. As is often the case, the media quickly moved on from the case and there is relatively far less coverage of the dismissal than the filing. Continue reading ““Political Hackery” is No Legal Conspiracy: Vindman Lawsuit Tossed by Federal Court for Failing to State a Legal Claim” →

Constitutional Law, Courts, Lawyering, Politics

Fetterman Turns to Controversial Clinton Lawyer Marc Elias’ Firm to Strike Down Pennsylvania Election Provisions

Democratic Senate candidate John Fetterman and other Democrats have filed a federal lawsuit to strike down parts of Pennsylvania’s election law after the state Supreme Court ruled that mail-in ballots with incorrect dates or no dates should not be counted. Fetterman is challenging the state law on constitutional and federal statutes. He has turned to a controversial former lawyer for Hillary Clinton to seek to strike down the provision.

Continue reading “Fetterman Turns to Controversial Clinton Lawyer Marc Elias’ Firm to Strike Down Pennsylvania Election Provisions” →

Bizarre, Lawyering, Media, Politics

Lawyer Linked to Hunter Biden Hit With Ethics Complaint

For those of us who have closely followed the Hunter Biden scandal, one figure remains mysterious in his role in the possible tax violations by the President’s son. Kevin Morris is a wealthy entertainment lawyer who reportedly paid off as much as $2.8 million in back taxes for Hunter. I have previously discussed the relationship and expressed uncertainty as to whether Morris was acting as a friend or a lawyer (use of personal funds in a representational matter can present ethical issues). Now, Morris is the subject of an ethics complaint by the conservative group Marco Polo, which lured him into a hoax exchange over disproving the laptop allegations.

Continue reading “Lawyer Linked to Hunter Biden Hit With Ethics Complaint” →

Constitutional Law, Courts, Criminal law, Justice, Lawyering

DOJ Filing Before Eleventh Circuit Only Seeks to Stay of Part of Special Counsel Order

This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and redacted by in part by the FBI, shows a photo of documents seized during the Aug. 8 search by the FBI of former President Donald Trump's Mar-a-Lago estate in Florida. On Thursday, a federal judge appointed a special master to review the documents. 

Late Friday, the Justice Department filed its long-awaited appellate filing related to the special master order of United States District Judge Aileen Cannon. While the Administration previously argued that the appointment itself is a threat to national security and unsupportable, it notably dropped its opposition to the appointment on appeal and only appealed one aspect of the order.  In its motion for a stay pending appeal, it is only asking the 11th Circuit to allow it to continue using classified documents seized from former President Donald Trump’s Mar-a-Lago property in a criminal investigation. The filing may reflect that time is running out for the Administration since a special master is now in place and is likely to prioritize (and release) these very documents. The motion pending appeal does not prevent the DOJ from later challenging the whole appointment but it will come after the special master has begun his work.

Continue reading “DOJ Filing Before Eleventh Circuit Only Seeks to Stay of Part of Special Counsel Order” →

Courts, Lawyering, Politics

Cannon Fodder: Liberal Media and Pundits Unleash Torrent of Attacks on Judge Who Approved Special Master

When U.S. District Judge Aileen M. Cannon issued an order for the appointment of a special master, she instantly became the latest jurist targeted by a furious mob of media and pundits. Rather than simply disagree with her order, these critics attacked Cannon personally and ethically, including lawyers and law professors. It is a familiar pattern but the fury shown in the last two days is chilling for our federal judges who have seen increasing attacks, including an alleged attempted assassination of Justice Brett Kavanaugh.  Nevertheless, legal and media figures seemed to rush to outdo each other in the most extreme statements about a judge with a distinguished background.

Continue reading “Cannon Fodder: Liberal Media and Pundits Unleash Torrent of Attacks on Judge Who Approved Special Master” →

Res ipsa loquitur – The thing itself speaks