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”
Category: Lawyering
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”
Below is my column on Fox.com on the new effort to “reimagine” the resistance to Trump, including the recognition of the failure of lawfare. While some figures on the left are expressing doubts over the efficacy of weaponizing the legal system, it is doubtful that we have seen the end of it. They are only regretting that it did not work. The center of gravity of lawfare will now likely shift to the states and Democratic attorneys general and District Attorneys. “Reimagination” is rarely a form of self-examination, let alone self-criticism. That is evident in some of the most recent writings of lawfare warriors. They are like wandering Ronin samurai, warriors who lost not just their master but their purpose. What they seem to lack most, however, is principle. Whatever “reimagining” occurs, it should start with a recognition that lawfare was an abuse of the legal system for political ends.
Here is the column: Continue reading ““Reimagining” the Resistance: Lawfare Warriors Express Regret But Not Remorse After Election”
President-elect Donald Trump’s nomination of Matt Gaetz as Attorney General has consumed most of the media attention in the last week. Indeed, it seems to have sucked the oxygen out of this city. The media frenzy over Gaetz and a couple of other nominations has served to brush over an appointment that should be universally praised: William McGinley as the next White House Counsel. I had the pleasure of teaching Bill at George Washington Law School, and he is ideal for this position, particularly at this critical time in our country.
Continue reading “William McGinley: Trump Makes Brilliant Choice for the Next White House Counsel”
Below is my column in the New York Post on the reappearance of Marc Elias in leading the effort to undo the victory of Dave McCormick in Pennsylvania. While some have distanced themselves from the controversial Democratic lawyer, Sen. Bob Casey has embraced Elias in his effort to retain the seat. Despite being sanctioned and ridiculed by courts in prior cases, Democrats continue to enrich Elias, who is the personification of the hypocrisy of some self-appointed “save democracy” champions. Casey continued on Tuesday to refuse to concede. Every candidate has a right to have all of the votes counted. However, regardless of the outcome of the effort, Casey’s association with Elias destroys any moral high ground for him and his campaign.
Here is the column: Continue reading “Marc Elias and the Demise of the Faux “Save Democracy” Movement”
Former J6 Committee Co-Chair and Rep. Liz Cheney has long been criticized for her role in creating a one-sided and at times erroneous record of what occurred on January 6th. That includes editing out Trump’s call for supporters to protest “peacefully,” burying evidence on Trump’s offer to supply National Guard support for that day, and highlighting a false account of Trump in his presidential limo that was directly contradicted by witnesses. Continue reading “Liz Cheney Under Fire for Allegedly Improper Contacts with Cassidy Hutchinson”
Below is my column in The Hill on a growing crisis at the Supreme Court for Chief Justice John Roberts. A new breach of confidentiality shows cultural crisis at the Court. While the earlier leaking of the Dobbs decision could have come from a clerk, much of the recent information could only have originated with a justice.
Here is the column: Continue reading “The Supreme Crisis of Chief Justice John Roberts”