Category: Lawyering

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.
Lawyering, Media, Politics

Hunter Biden Claims Financial Distress in Seeking to Drop Lawsuit Against Ex-White House Official

There is a notable filing this week in Los Angeles where Hunter Biden is seeking to dismiss one of his many lawsuits against individuals associated with disclosing or discussing the contents of his infamous laptop. While Hunter spent years suggesting that the laptop images and emails might be Russian disinformation (with the help of obliging mainstream media), the contents were found to be authentic by courts and agencies. In seeking to drop his lawsuit against an ex-White House aide, Garrett Ziegler, Biden claims to be, again, in financial ruin. Continue reading “Hunter Biden Claims Financial Distress in Seeking to Drop Lawsuit Against Ex-White House Official” →

Lawyering, Politics

“Insubordination”: FBI Official Accused of Defying White House Reform Efforts

Last week, some of us discussed concerns over the demand of the Trump Administration for the names of all FBI agents involved in January 6th cases. While noting that we did not have all of the details, I wrote that this would be a critical test for the Administration between reform and revenge. Line FBI agents should not face punishment for carrying out the orders of their superiors or courts. Now, the Trump Administration has offered additional information, alleging an alarming defiance by a high-ranking official in sharing information. If true, the controversy involving Acting FBI Director Brian Driscoll is reminiscent of the entirely improper conduct of former acting Attorney General Sally Yates. Continue reading ““Insubordination”: FBI Official Accused of Defying White House Reform Efforts” →

Lawyering, Media

“Your Credibility with Me is about None”: CNN Trial Goes From Bad to Worse
In following the defamation trial against CNN by veteran Zachary Young, we have previously (here, here, and here) marveled at how bad things were going for the network.  It appears that they are getting even worse. This has been a brutal week as CNN figures, including host Jake Tapper, took the stand. If “this is CNN,” the judge (and possibly the jury) are not liking what they are seeing. Continue reading ““Your Credibility with Me is about None”: CNN Trial Goes From Bad to Worse” →
Columns, Lawyering, Politics

How Jack Smith Destroyed His Own Case Against Trump

Below is my column in The Hill on the one thing that the forthcoming report of Special Counsel Jack Smith will not address: how he destroyed his own case against Donald Trump. Smith will be something of a tragic figure for future special counsels. The only thing missing is a shirt reading, “I spent over two years and $50 million dollars and all I got was this lousy t-shirt (and a redacted report).”

Here is the column: Continue reading “How Jack Smith Destroyed His Own Case Against Trump” →

Columns, Criminal law, Lawyering, Politics

With the Trump Sentencing, the Verdict is in . . . for the New York Legal System

Below is my column at Fox.com on the sentencing of President-Elect Donald Trump. The conviction should be overturned on appeal. However, the most lasting judgment will be against the New York court system itself in allowing this travesty of justice to occur.

Here is the column: Continue reading “With the Trump Sentencing, the Verdict is in . . . for the New York Legal System” →

Res ipsa loquitur – The thing itself speaks