The last week’s historic decisions from the Supreme Court led to an array of factual objections from critics. In Justice Neil Gorsuch’s major free speech ruling in 303 Creative LLC v. Elenis, a man who believes that he is “Stewart” referenced in the case (as asking for a website for a same sex marriage) never made such a contact with the company. In Justice Sotomayor’s dissent to that case, the justice falsely claims that the Pulse mass shooting (“the second-deadliest mass shooting in U.S. history”) was an intended anti-LGBT attack. (The shooter apparently was unaware of what type of nightclub it was). Those mistakes, however, had little impact on the reasoning. That is not the case with a mathematical challenge raised to the dissent of Justice Ketanji Brown Jackson in the North Carolina affirmative action case. Continue reading “Crunching the Numbers: Does Justice Jackson’s Dissent on Affirmative Action Add Up?”
Category: Lawyering
Below is my column in the New York Post on the denial of the early release requested by Michael Cohen in New York. What was most notable was the use of Cohen’s cable appearances on CNN and MSNBC to show that he is continuing a pattern of lying about his past criminal conduct.
Here is the column: Continue reading ““Ongoing Need for Specific Deterrence”: Michael Cohen Denied Early Release by Federal Court”
Many of us were appalled but not surprised by the virulent speech of CUNY Law grad, Fatima Mousa Mohammed, at the school’s recent commencement. Many schools (and CUNY in particular) have long cultivated the type of extremist rhetoric and views expressed in the speech. While conservatives are barred or booed at graduations, faculty and students regularly invite far left speakers to attack others for their views. (Indeed, I was attacked by Democratic Rep. Susan Wild at my own school’s commencement who made false claims about my past positions.) However, there is now a call for Mohammed to be barred from practice as a lawyer. Such a move would be an assault on free speech and show the very same intolerance and rage that has been condemned in her speech. Continue reading “No, CUNY’s Graduation Speaker Should Not Be Barred From Practicing Law”
Below is my column in Fox.com on the indictment of former President Donald Trump and how this case is a test not just for Trump but the New York legal system.
Here is the column: Continue reading “Yielding to Temptation: Why The Trump Case is a Test Not Just for the President but the Legal System”
Below is my column in the New York Post on the level of joy being expressed by many over the indictment of former president Donald Trump, including former FBI Director James Comey. The thrill kill atmosphere ignores the blatantly political history behind this indictment. In the Sixteenth Century, the poet John Lyly wrote “The rules of fair play do not apply in love and war.” It also appears equally true “in love and War Trump.”
Here is the column:
Columbia University law students and alums are in an uproar over an Instagram post that showed students in the Federalist Society meeting with Supreme Court Justice Brett Kavanaugh at the Court. It would ordinarily be a singular experience for law students to spend time with one of the nine justices. That is not how it went over at Columbia where some are outraged by the meeting and Columbia’s posting the picture on its social media account. The Empowering Women of Color group announced it was “withdrawing our participation from Columbia Law School recruiting events.” Columbia’s own Center for Engaged Pedagogy, simply declared “WTF is wrong with you.” Continue reading ““WTF is Wrong with You”: Columbia Center and Law Students Protest Meeting With Justice Kavanaugh”
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”
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”
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.
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”
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:
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:
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”
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”
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.