Category: Lawyering

Lincoln Project Scandals Highlight The Role Of Lawyers As Donors

The Lincoln Project is facing rising allegations of ignoring sexual harassment claims against co-founder John Weaver, profiteering on donations, and even violating federal law in posting private messages by another co-founder. Now, in an effort to show that it is addressing the Weaver allegations fully and openly, the Project announced that it has retained a law firm to do an independent assessment of the controversy. However, the Project selected Paul Hastings, which has leading members (including a managing partner) who supported the Project financially. The support of lawyers for the Project is particularly troubling given its campaign to harass other lawyers to get them to drop Donald Trump or the Republican party as clients in election challenges. Continue reading “Lincoln Project Scandals Highlight The Role Of Lawyers As Donors”

Mutual Destruction: How Trump’s Trial Became A Tale Of Constitutional Noir

Below is my column in the Hill on second Trump trial and how core values quickly became the extraneous to the purpose of this constitutional process.  The final chaos triggered by Rep. Jaime Raskin (D., Md) only highlighted the procedural and legal irregularities in a trial that seem increasingly detached from values like due process.

Here is the column:

Continue reading “Mutual Destruction: How Trump’s Trial Became A Tale Of Constitutional Noir”

“We’ve Heard From Enough Witnesses”: Democrats Oppose Calling Witnesses While Schumer Leaves It To The House Managers

Senate Majority Leader Chuck Schumer announced yesterday that he would leave the question of whether to call witnesses to the House managers to decide. In the meantime, various Democratic senators said that there is no need for witnesses despite the House repeatedly acknowledging that it does not know critical facts related to Donald Trump’s state of mind. The position of Schumer and the Democrats is in strikingly contrast to their positions in the last two impeachments. Continue reading ““We’ve Heard From Enough Witnesses”: Democrats Oppose Calling Witnesses While Schumer Leaves It To The House Managers”

The Return Of Marc Elias: The Lawyer Implicated In The Clinton Dossier Scandal Is Back In The News

It appears that Marc E. Elias is back. The Perkins Coie lawyer was the focus of stories related to the Steele dossier and the long-denial of the Clinton campaign that it actually funded investigation. Despite such false statements by the campaign before the election, the money was found to have been paid out as a legal expense through Elias as counsel for the campaign. Elias also reportedly was present when this funding was denied to the media and to Congress. The Biden campaign enlisted Elias to lead efforts in election challenges despite that history. He is now making a curious argument in New York for a Democratic lawyer: he is alleging that thousands of votes may have been switched or changed by Dominion voting machines. Continue reading “The Return Of Marc Elias: The Lawyer Implicated In The Clinton Dossier Scandal Is Back In The News”

When The Best Is Not Good Enough: Scarborough Recounts Clearly Bad Advice On Suing Trump

NBC News

I have long-criticized President Donald Trump for his tweets suggestions that MSNBC Joe Scarborough murdered a former aide when he was a Republican congressman two decades ago and suggested on Twitter that the two had an “affair.” The tweets are cruel for the family of Lori Klausutis but make scurrilous unproven allegations against Scarborough. Scarborough is saying that he may now sue Trump for defamation. The problem remains that Scarborough is a public figure and, as such, is subject to a high burden for defamation.  What is most striking however is what Scarborough said his lawyers told him about suing earlier.  The “best lawyer in New York” and the “best lawyer in New York” told him that he could not sue a sitting president. That is clearly untrue.

Continue reading “When The Best Is Not Good Enough: Scarborough Recounts Clearly Bad Advice On Suing Trump”

Ron Paul Posts Criticism of Censorship on Social Media Shortly Before Facebook Blocks Him

We have been discussing the chilling crackdown on free speech that has been building for years in the United States. This effort has accelerated in the aftermath of the Capitol riot including the shutdown sites like Parler.  Now former Texas congressman Ron Paul, 85, has been blocked from using his Facebook page for unspecified violations of “community standards.” Paul’s last posting was linked to an article on the “shocking” increase of censorship on social media. Facebook then proceeded to block him under the same undefined “community standards” policy.

Continue reading “Ron Paul Posts Criticism of Censorship on Social Media Shortly Before Facebook Blocks Him”

Trump Attorney Accuses The President Of Criminal Conduct In His Withdrawal of Representation

On January 7th, an attorney representing President Donald Trump filed a one-page motion of withdrawal from a case filed shortly after the election. That is hardly remarkable with attorneys entering and leaving cases every day in federal court. What is remarkable is the reason.  Philadelphia-based attorney Jerome Marcus told the United States District Court for the Eastern District of Pennsylvania that he was withdrawing because President Trump used him, and his election challenge, to “perpetuate a crime.”  The filing raises some troubling questions regarding the alleged criminal conduct as well as the necessity of making such an allegation in a simple motion to withdraw from representation.

Continue reading “Trump Attorney Accuses The President Of Criminal Conduct In His Withdrawal of Representation”

Trump’s Midas Touch: Legal Experts Line Up To Declare The Georgia Call As The Latest Crime By Trump

For many legal analysts, President Donald Trump remains a type of criminal Midas figure: everything he says or does turns instantly into a crime.  Over the last few years, the media has published a long line of unfounded criminal theories by experts claiming that a tweet or a meeting or a statement established a clear prosecutable case. It is a popular and profitable take with the media which has been feeding an insatiable appetite for such reassuring views.  Law has become a recreation and legal analysts have become part of the legal entertainment. Continue reading “Trump’s Midas Touch: Legal Experts Line Up To Declare The Georgia Call As The Latest Crime By Trump”

“Symbols . . . Of Subtle Oppression”: Virginia Judge Orders Removal Of Portraits Of White Judges

Judge David Bernhard is a jurist in Fairfax County (where I reside) has issued a controversial order that the portraits of white judges must be removed from a courtroom because their presence would deny a black defendant a fair trial. In a decision applauded in the Washington Post, Bernhard declared that a fair trial is threatened in “a courtroom gilded with … white individuals peering down on an African American defendant.”  Continue reading ““Symbols . . . Of Subtle Oppression”: Virginia Judge Orders Removal Of Portraits Of White Judges”

No Recusal But Now A Reversal? Federal Judge and Sister Of Leslie Abrams Changes Order On Georgia Ballots

U.S. District Judge Leslie Abrams Gardner attracted considerable criticism when she declined to recuse herself from a challenge over voter eligibility.  Gardner is the sister of Stacey Abrams who has led the effort to register voters in the state. Many felt it was inappropriate for Gardner to rule on the case, a concern that was magnified by her quick rejection of a purging of the rolls of roughly 4000 inactive voters.  Now, it appears that Gardner has not recused herself but did reverse herself.  A new order has issued upholding the purge in the face of an appeal.

Continue reading “No Recusal But Now A Reversal? Federal Judge and Sister Of Leslie Abrams Changes Order On Georgia Ballots”

“A Criminal Like Trump”: Federal Judge Tosses Aside Judicial Restraint In Public Interview

President Donald Trump has been criticized by Democrats and Republicans alike for his recent spate of pardons, including corrupt ex-congressmen and the father of Jared Kushner. I was one of those who immediately criticized those pardons as manifestly unjustified and inimical to our legal system. However, none of that makes the comments of senior U.S. District Judge Robert Pratt of the Southern District of Iowa any less troubling. Judge Pratt gave an interview slamming the pardons in a departure from judicial ethics rules barring jurists from engaging in such political commentary.

Continue reading ““A Criminal Like Trump”: Federal Judge Tosses Aside Judicial Restraint In Public Interview”

Trumpunity: How Democrats Are Adopting Trump Rhetoric and Tactics For The Biden Presidency

Below is my column in the Hill newspaper on the adoption of Trump-like rhetoric and tactics by Democrats, who seem to believe they have a strange type of immunity in the post-Trump world.

Here is the column: Continue reading “Trumpunity: How Democrats Are Adopting Trump Rhetoric and Tactics For The Biden Presidency”

Rudy Goes Full Shlomi? Video of Giuliani Shilling For Cigars and Gold Coins Raises New Representation Concerns

YouTube Screenshot

I will admit to being highly critical of Rudy Giuliani’s representation of President Donald Trump for many years (here and here and here and here and here and here and here). He has consistently made statements in interviews that seem diametrically at odds with the interests of his client and his comments have repeatedly forced later corrections or clarifications by the White House or himself. This history led to his prior firm severing ties with him. However, despite that history, nothing prepared me for the video posted by the Recount showing Giuliani breaking off from detailing allegations against Hunter Biden to shill for cigars and gold coins. To be honest, the video comes across as Lionel Hutz of the Simpsons meets Offer Shlomi of ShamWow.  Some have raised renewed questions of whether he is helping or hurting his legal team.  I do not view this commercial as a bar violation though it raises an increasing issue over the ethical rules governing dual roles of counsel.

Continue reading “Rudy Goes Full Shlomi? Video of Giuliani Shilling For Cigars and Gold Coins Raises New Representation Concerns”

The Lincoln Project Moves From Doxxing To Trolling With Recent Commercial

I have previously criticized the Lincoln Project which has not only sought to dox Trump attorneys but fund a campaign of harassment targeting Republican lawyers, their firms, and their clients. The project was not only founded in part by lawyer George Conway but is funded by hundreds of lawyers who have remained silent as the Project engaged in such abusive conduct. Now, the Project has been reduced to open trolling with a commercial that literally has no value or purpose other than mocking President Trump. It is now an open trolling operations funded by lawyers around the country.  To do so in the name of Abraham Lincoln is a particular disgrace.

Continue reading “The Lincoln Project Moves From Doxxing To Trolling With Recent Commercial”

Flynn’s Cadaver Synod: The Court Dismisses A Dead Case But Not Before It Flogs The Corpse

Below is my column in the Hill on the conclusion of the case of Gen. Michael Flynn, which ended (not surprisingly) with one last gratuitous and controversial act from the court.  Judge Emmet Sullivan decided to effectively flog Flynn on his way out of his court.

Here is the column: Continue reading “Flynn’s Cadaver Synod: The Court Dismisses A Dead Case But Not Before It Flogs The Corpse”