Category: Lawyering

Congress, Lawyering, Media, Politics

Democratic Member Seeks To Disbar Two Dozen Lawyers Challenging Election Results

We have been discussing the campaign of harassment and threats against Republican lawyers to get them to drop election challenges. New Jersey Democratic Rep. Bill Pascrell expanded that campaign this week with a malicious and frivolous demand for New York and other states to disbar roughly two dozen lawyers for representing Trump, the Republican party, or the Trump campaign in the litigation.  While Democratic members and the media discuss attacks on democracy and the rule of law, they appear to have little problem with campaigns to threaten and harass both lawyers and legislators for raising questions about the election.

 

Continue reading “Democratic Member Seeks To Disbar Two Dozen Lawyers Challenging Election Results” →

Constitutional Law, Criminal law, Lawyering, Media, Politics

Michigan Legislators Face Calls For Possible Criminal Charges After Meeting With President Trump On Certification

We have been discussing the campaign of The Lincoln Project and others to harass and abuse lawyers who represent the Trump campaign or other parties bringing election challenges. Similar campaigns have targeted election officials who object to counting irregularities.  Now, the Michigan Attorney General and others are suggesting that Republicans who oppose certification or even meet with President Donald Trump on the issue could be criminally investigated or charged. Once again, the media is silent on this clearly abusive use of the criminal code target members of the opposing party in their raising objections under state law.

Continue reading “Michigan Legislators Face Calls For Possible Criminal Charges After Meeting With President Trump On Certification” →

Criminal law, Lawyering, Media, Politics

Two Republican Michigan Officials Attempt To Rescind Certifications Of Election Results

Just as you thought that the 2020 election could not get more bizarre, the controversy in Wayne County over the certification of the election took a new turn on Wednesday after two Republicans — Monica Palmer and William C. Hartmann, on the Wayne County Board of Canvassers sought to rescind their votes to certify. They claim that they were coerced by threats against them and their families by Democratic voters. The threats against Palmer and Hartmann are all-too-familiar in an election where Democratic members are calling for blacklists and others denounce any questioning of the Biden victory as akin to “Holocaust denial.” The Lincoln Project has led a national effort to harass any lawyers who represent Republicans or the Trump campaign. While it will be difficult to rescind such a vote, the silence in the media and from Democratic leaders on this harassment is chilling. Indeed, Democratic leaders have joined in the personal attacks. Continue reading “Two Republican Michigan Officials Attempt To Rescind Certifications Of Election Results” →

Bizarre, Criminal law, Lawyering

Texas Lawyer Sentenced To Prison In Meth Conspiracy . . . Can Resume Practice In Three Years

Attorney Bryan Lee Simmons, 50, has been sentenced to 48 months in federal prison for conspiring to distribute methamphetamine. What is most striking is that Simmons cannot engage in the practice of law for three years. However, while unlikely to resume practicing in that time, it is a striking contrast to the alleged misconduct.

From July 2019 to August 2019, Simmons was part of a conspiracy to distribute methamphetamine in the Cass County Jail. He used attorney-client meetings to distribute the drugs while, on at least one occasion, traveling with a Colt MK IV .45 caliber pistol.

The plea agreement will result in the dismissal of a number of counts including two linked to the weapon.

Since his sentence is for four years, the three year bar on practicing law is likely to be easily satisfied. What would be interesting is whether advising other inmates as a “jailhouse lawyer” would be included.  That is not necessarily “practicing law” since he is not filing papers or standing in a formal representational capacity. Moreover, he is free to represent himself in filings as an individual.

Columns, Courts, Lawyering, Media, Politics, Society

“The First Thing We Do”: The Lawless Campaign To Harass Lawyers Representing The Trump Campaign

Below is my column in The Hill on the successful campaign that has forced firms to drop Donald Trump or the Republican Party as clients in the ongoing litigation over the 2020 election. Notably, this campaign started soon after the election was called for President-Elect Joe Biden.

Here is the column: Continue reading ““The First Thing We Do”: The Lawless Campaign To Harass Lawyers Representing The Trump Campaign” →

Academia, Bizarre, Lawyering, Media, Politics

Law Professor Compares Questioning Voting Results To Holocaust Denial [Updated]

We have been discussing how the celebration of Joe Biden’s election as a “unifying” and “healing” moment has been lost on many who are calling for blacklists and retaliatory actions against anyone viewed as “complicit” in the Trump period.  Indeed, for years, I have been writing about a rising McCarthyism in our country  and the growing threat to both free speech and academic freedom. This hateful or unhinged rhetoric has on occasion come from law professors, but most academics have retained a modicum of restraint and tolerance.  For that reason, it was disappointing to read a bizarre attack from University of Colorado Law Professor Paul Campos who compared my discussion of possible voting irregularities to Holocaust denial.

Continue reading “Law Professor Compares Questioning Voting Results To Holocaust Denial [Updated]” →

Courts, Lawyering, Media, Supreme Court

“Unfashionable Views”: Justice Alito Speaks Out Against Pandemic Restrictions, Contraception Laws, and Other Controversies

Justice Sam Alito is making headlines after his speech last night as the keynote at this year’s all-virtual Federalist Society National Lawyers Convention. Alito slammed pandemic measures  and attacks on free speech in his remarks to the Convention, including the crackdown on “unfashionable views” in our society.  I happen to agree with some of his points, but I have great reservations over a justice speaking on issues that are likely to come before him on the Court. Indeed, I have long been a critic of the Supreme Court justices engaging in public appearances where they hold forth on contemporary issues. I have been particularly critical of the late Justice Antonin Scalia and Justice Ruth Bader Ginsburg who clearly relished appearances before ideologically supportive groups. Continue reading ““Unfashionable Views”: Justice Alito Speaks Out Against Pandemic Restrictions, Contraception Laws, and Other Controversies” →

Constitutional Law, Criminal law, Free Speech, Lawyering, Media, Politics

Big League Censorship? Michigan Attorney General Threatens Criminal Prosecution Over Posting Of Video Alleging Voter Fraud

I have been commenting on the ongoing challenges to the presidential election. While I have not seen evidence of systemic voter fraud, there are hundreds of affidavits alleging localized fraud, including cases of deceased persons voting. The challenges should be heard and the evidence should be examined. However, the most worrisome response came out of Michigan this week where Michigan Attorney General Dana Nessel’s Office of Public Information threatened a website, Big League Politics, with criminal prosecution if it did not take down a video of alleged voting fraud. The video may indeed be misleading or false. However, the threat of criminal prosecution by the Michigan Attorney General’s office is a chilling escalation of the crackdown on free speech in this country and the calls for censorship on the Internet.

Continue reading “Big League Censorship? Michigan Attorney General Threatens Criminal Prosecution Over Posting Of Video Alleging Voter Fraud” →

Bizarre, Lawyering, Media, Politics, Society

With Malice For All: The Lincoln Project Unleashes Attacks On Lawyers Who Represent The Trump Campaign . . . As It Runs A Commercial On The New Unity

The Lincoln Project is airing a commercial today celebrating the end of the politics of division and personal attacks as Twitter removed a tweet (with a skull-and-crossbones emoji) from The Lincoln Project that sought to target lawyers simply because they represent the Trump campaign. The crushing irony is magnified by the fact that Rep. Alexandria Ocasio-Cortez (D-NY) has called for liberals to start to assemble enemy lists of people who were “complicit” in the Trump Administration and the first entry was . . . you guessed it … the Republicans who founded the Lincoln Project. It is the reality of our doublespeak politics. Call it skull-and-crossbones civility.

Continue reading “With Malice For All: The Lincoln Project Unleashes Attacks On Lawyers Who Represent The Trump Campaign . . . As It Runs A Commercial On The New Unity” →

Bizarre, Criminal law, Lawyering, Society

Business Litigator Charged As Serial Bank Robber In Florida

When a detective on October 20th spotted a man who looked like a serial bank robber being pursued by police, they quickly deduced that they had the right man from prepared notes for bank tellers and a ball-peen hammer in his waistband. They also learned that the suspect, Aaron Patrick Honaker, 41, is a lawyer who previously represented parties in business and creditor cases. Continue reading “Business Litigator Charged As Serial Bank Robber In Florida” →

Congress, Constitutional Law, Lawyering, Media

No, Barrett Should Not Recuse Herself From Any Election Challenge

Minority Leaders Chuck Schumer and various commentators have called for Amy Coney Barrett to recuse herself from any decision on the 2020 general election. There is no reason for such a recusal, which would be unprecedented in these circumstances.  Moreover, it would establish a dangerous precedent of nominees securing their positions by promising results or positions if confirmed by the Senate. Continue reading “No, Barrett Should Not Recuse Herself From Any Election Challenge” →

Congress, Constitutional Law, Courts, Lawyering, Media, Politics, Society, Supreme Court

Biden Pledges To Make “Roe The Law Of The Land” If Overturned By The Supreme Court

Last night’s NBC’s town hall in Miami with former Vice President Joe Biden was panned, to quote Politico’s Marc Caputo, as another “Biden Informercial” that protected the candidate from both tough questions and skeptical voters. There was not a single question on Biden refusing to answer whether he supports packing the Supreme Court, a move supported by his running mate Kamala Harris and various top Democrats in this election.  However, Biden did make one notable comment about the Court and nominee Amy Coney Barrett.  He said that, if Barrett helped reverse Roe v. Wade, he would make “Roe the law of the land.” Continue reading “Biden Pledges To Make “Roe The Law Of The Land” If Overturned By The Supreme Court” →

Academia, Constitutional Law, Free Speech, Lawyering, Media, Politics, Torts

Dershowitz Sues CNN For $300,000,000 In Defamation Action

Alan Dershowitz just filed a whale of a lawsuit against CNN, though it could end up beached in short order under controlling case law.  The Harvard Law professor emeritus is demanding $300,000,000 in compensatory and punitive damages from CNN for misrepresenting his legal arguments in the Trump impeachment trial.  In fairness to Dershowitz, the coverage of the trial by CNN was dreadful with intentionally and consistently slanted coverage of the evidence, standards, and arguments.  However, the objections raised by Dershowitz are likely to be treated as part of the peril for high-profile figures operating in the public domain. In other words, you can complain about the weather but you cannot sue the storm. Continue reading “Dershowitz Sues CNN For $300,000,000 In Defamation Action” →

Constitutional Law, Courts, Free Speech, International, Lawyering, Politics, Society, Uncategorized

Prominent Indian Lawyer Accuses Supreme Court Of Destroying Democracies . . . Supreme Court Threatens Imprisonment

downloadWe have previously discussed courts in the United States seeking to punish lawyers for making critical comments about judges or legal commissions on social media. We have also followed such actions taken against lawyers in other countries like Saudi Arabia. As will come as no surprise on a blog emphasizing free speech, I have long been critical of such actions.  However, India is facing a far more serious controversy after the Supreme Court demanded an apology from one of India’s most prominent lawyers for, among other things, blaming the Supreme Court for its role in undermining democracy in India. The justices proceeded to make his point by threatening him with jail unless he offered an unconditional and public apology. Continue reading “Prominent Indian Lawyer Accuses Supreme Court Of Destroying Democracies . . . Supreme Court Threatens Imprisonment” →

Lawyering, Politics, Society, Uncategorized

Court Orders President Trump To Pay Stormy Daniels’ Attorneys Fees

donald_trump_president-elect_portrait_croppedThere is an interesting ruling in the ongoing saga over Stormy Daniels and the Trump Non-Disclosure Agreement (NDA). A California court ordered President Donald Trump to pay $44,100 to Stephanie Clifford, aka Stormy Daniels, to cover her legal fees regarding her nondisclosure agreement.   The amount is trivial but the symbolism could not be greater. The decision is based on the view that not only was Daniels the prevailing party in the dispute but that President Trump cannot claim that he was a non-party to the NDA or by extension the controversy. Continue reading “Court Orders President Trump To Pay Stormy Daniels’ Attorneys Fees” →

Res ipsa loquitur – The thing itself speaks