Below is my column in The Hill on the decline of the American Bar Association and the move in various states to find alternatives to the ABA in bar admissions and legal education. The dwindling membership and influence of the ABA is a familiar tale for many in academia and the media.
Here is the column:
Continue reading “The Rise and Fall of the American Bar Association”
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”
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”
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”
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.
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”
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”
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” 
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”
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”
Today, the Georgia Court of Appeals disqualified Fulton County District Attorney Fani Willis and her team in the prosecution of President-elect Donald Trump. The final collapse of the House of Willis came after months of her spending enormous amounts of time and money to try to stay at the lead of the high-profile case. Lawfare holds little value unless you are the lead warrior. Continue reading ““No Authority to Proceed”: Georgia Appellate Court Disqualifies Fani Willis”
A curious thing just happened in the sexual harassment lawsuit against former New York Gov. Andrew Cuomo: accuser Charlotte Bennett just dropped her claims against Cuomo despite continuing with litigation against the state over the alleged conduct of Cuomo. While the state has its own obligations as an employer, it is odd that you would drop the claim against the alleged actor himself. That is like dropping your product liability claim against Tesla while suing the electric company for powering the car. Continue reading “Cuomo Accuser Drops Case against the Former New York Governor…But Continues Case Against New York”
Below is my column in the New York Post on the news reports that outgoing Rep. Susan Wild (D. Pa.) was the person who violated the rules (and oath) of the House Ethics Committee and leaked information to the media this month. The information concerned the investigation into former Rep. Matt Gaetz (R., Fla.). Wild embodies the collapsing ethical foundation of the Democratic Party as members struggle to justify the Biden pardon.
Here is the slightly expanded column:
Supreme Court Justice Sonia Sotomayor is under fire today for seemingly dismissing medical concerns over the risks of puberty blockers and gender surgeries for minors with a comparison to taking Aspirin. In the oral arguments in United States v. Skrmetti, Sotomayor pointed out that there are risks to any medical procedure or drug. However, the analogy belittled the concerns of many parents and groups over the research on the dangers of these treatments. It also highlighted how the Biden Administration and liberal justices were discarding countervailing research inconveniently at odds with their preferred legal conclusion.
Fulton County District Attorney Fani Willis and her case against President-elect Donald Trump continue to trip wires in the courts with delays and losses. The latest is a fight with the organization Judicial Watch, which won a major records fight to gain access to any communications with Special Counsel Jack Smith and the House January 6th Committee. While it is not clear what records exist, it is the type of demand that most offices fight vigorously to protect their confidentiality and privileges of deliberation. Willis, however, lost by default after failing to make a substantive argument against the claim. Continue reading “It’s Not My Fault, It’s The Default: Fani Willis Loses Significant Records Fight”