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”
Category: Lawyering
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”
Below is my column in the New York Post on the sudden guilty plea from Hunter Biden in his federal tax case. It was not the plea but the timing of the plea that was the surprise. What is missing is any cognizable legal strategy in waiting until the first day of the trial to make a “naked plea” when it offered the least possible benefit to him. It was like waiting for the water to reach the deck of the Titanic before asking about swimming lessons. He was a tad late and then unsuccessfully sought to plead guilty without admitting guilt.
Here is the column:
Continue reading “Hunter Biden Loses Game of Chicken With Himself”
This week, I have received emails from Connecticut bar members over a message posted by President Maggie Castinado, President-Elect James T. (Tim) Shearin, and Vice President Emily A. Gianquinto warning them about criticizing the prosecutions of former President Donald Trump. The message from the bar leadership is chilling for those lawyers who view cases like the one in Manhattan as a raw political prosecution. While the letter does not outright state that such criticism will be considered unethical conduct, it states that the criticism has “no place in the public discourse” and calls on members to speak publicly in support of the integrity of these legal proceedings. Continue reading ““No Place in the Public Discourse”: The Connecticut Bar Association Warns Critics of Trump Prosecutions”
Below is my column in the New York Post on the conviction of Hunter Biden in Delaware and how his nullification strategy may have backfired. As discussed below, empathy can turn into insult when jurors are given patently implausible theories by the defense. Hunter finally found a group of people who were unwilling to see him as immune from responsibility for his conduct. Hunter literally came up a donut short of a defense in Wilmington.
Here is the column: Continue reading “Hunter Comes Up A Donut Short of a Defense in Delaware”
“Conscience doth make cowards of us all.” Those words from Hamlet captured the moral dilemma for many of us as we face the costs of conscience.
For each of us, there often comes a moment when our principles are put to an undeniable and unavoidable test. It may be as simple as cheating on a test, shoplifting a product, or admitting to a wrong. It is natural to want to avoid such moments, particularly when we cannot even admit to ourselves that we may not be the person we have long claimed to be. Continue reading “Garland’s Moment of Truth: With the Perjury Referral, the Attorney General Faces a Clear Choice Between Principle and Politics”
Below is my column in the New York Post on the closing arguments scheduled for today in the trial of former President Donald Trump. The column explores the key elements for a closing to bring clarity to the chaos of Judge Juan Merchan’s courtroom.
Here is the column: