Category: Lawyering

Constitutional Law, Lawyering

Federal Court Asked to Address 14th Amendment Effort to Bar Trump

Legal academics are divided on the new popular theory that former President Donald Trump can be removed from ballots under Section 3 of the Fourteenth Amendment. While I respect many of the academics who view this as a credible interpretation, I have long opposed it as textually and historically flawed. In addition to some exaggerated claims of precedent, I view the theory as one of the most dangerous in my lifetime. One thing, however, we agree upon: it is time for the federal courts to rule on this theory to bring clarity to the election. That may now occur in West Virginia where Attorney General Patrick Morrisey wants a federal court to throw out a lawsuit attempting to remove Donald Trump from the ballot in the state. What is most striking about the filing is the accusation of judge-shopping by advocates like John Anthony Castro in seeking to remove Donald Trump from the ballot in the state. Continue reading “Federal Court Asked to Address 14th Amendment Effort to Bar Trump” →

Columns, Constitutional Law, Criminal law, Justice, Lawyering

The Neutron Prosecutor: How Special Counsel Hur May Prove the Ultimate Punchline in Washington

Below is my column in the New York Post on reports that Special Counsel Robert Hur has finally interviewed President Joe Biden on allegations that he removed and retained classified material going back to his time as a United States senator. The problem facing Hur could be what to do if he actually finds evidence of a crime.

Here is the column: Continue reading “The Neutron Prosecutor: How Special Counsel Hur May Prove the Ultimate Punchline in Washington” →

Constitutional Law, Lawyering, Supreme Court

Crunching the Numbers: Does Justice Jackson’s Dissent on Affirmative Action Add Up?

The last week’s historic decisions from the Supreme Court led to an array of factual objections from critics. In Justice Neil Gorsuch’s major free speech ruling in 303 Creative LLC v. Elenis, a man who believes that he is “Stewart” referenced in the case (as asking for a website for a same sex marriage) never made such a contact with the company. In Justice Sotomayor’s dissent to that case, the justice falsely claims that the Pulse mass shooting (“the second-deadliest mass shooting in U.S. history”) was an intended anti-LGBT attack. (The shooter apparently was unaware of what type of nightclub it was). Those mistakes, however, had little impact on the reasoning. That is not the case with a mathematical challenge raised to the dissent of Justice Ketanji Brown Jackson in the North Carolina affirmative action case. Continue reading “Crunching the Numbers: Does Justice Jackson’s Dissent on Affirmative Action Add Up?” →

Columns, Criminal law, Lawyering, Politics

“Ongoing Need for Specific Deterrence”: Michael Cohen Denied Early Release by Federal Court
C-Span/YouTube Screenshot

Below is my column in the New York Post on the denial of the early release requested by Michael Cohen in New York. What was most notable was the use of Cohen’s cable appearances on CNN and MSNBC to show that he is continuing a pattern of lying about his past criminal conduct.

Here is the column: Continue reading ““Ongoing Need for Specific Deterrence”: Michael Cohen Denied Early Release by Federal Court” →

Free Speech, Lawyering

No, CUNY’s Graduation Speaker Should Not Be Barred From Practicing Law
YouTube

Many of us were appalled but not surprised by the virulent speech of CUNY Law grad, Fatima Mousa Mohammed, at the school’s recent commencement. Many schools (and CUNY in particular) have long cultivated the type of extremist rhetoric and views expressed in the speech. While conservatives are barred or booed at graduations, faculty and students regularly invite far left speakers to attack others for their views. (Indeed, I was attacked by Democratic Rep. Susan Wild at my own school’s commencement who made false claims about my past positions.) However, there is now a call for Mohammed to be barred from practice as a lawyer. Such a move would be an assault on free speech and show the very same intolerance and rage that has been condemned in her speech. Continue reading “No, CUNY’s Graduation Speaker Should Not Be Barred From Practicing Law” →

Columns, Criminal law, Lawyering, Politics

Comey’s “Good Day”: How Political Prosecutions Became “Ethical Leadership” in the Pursuit of Trump

Below is my column in the New York Post on the level of joy being expressed by many over the indictment of former president Donald Trump, including former FBI Director James Comey. The thrill kill atmosphere ignores the blatantly political history behind this indictment. In the Sixteenth Century, the poet John Lyly wrote “The rules of fair play do not apply in love and war.” It also appears equally true “in love and War Trump.”

Here is the column:

Continue reading “Comey’s “Good Day”: How Political Prosecutions Became “Ethical Leadership” in the Pursuit of Trump” →

Academia, Courts, Free Speech, Lawyering

“WTF is Wrong with You”: Columbia Center and Law Students Protest Meeting With Justice Kavanaugh

Columbia University law students and alums are in an uproar over an Instagram post that showed students in the Federalist Society meeting with Supreme Court Justice Brett Kavanaugh at the Court. It would ordinarily be a singular experience for law students to spend time with one of the nine justices. That is not how it went over at Columbia where some are outraged by the meeting and Columbia’s posting the picture on its social media account. The Empowering Women of Color group announced it was “withdrawing our participation from Columbia Law School recruiting events.” Columbia’s own Center for Engaged Pedagogy, simply declared “WTF is wrong with you.” Continue reading ““WTF is Wrong with You”: Columbia Center and Law Students Protest Meeting With Justice Kavanaugh” →

Criminal law, Lawyering, Media

Cohen v. Costello: Coming Soon to a Cable Show–and Courtroom–Near You
C-Span/YouTube Screenshot

Yesterday, I ran a column in USA Today on the unpalatable prospect of Manhattan District Attorney Alvin Bragg putting disbarred attorney Michael Cohen on the stand as his star witness in the case against former president Donald Trump. Given Cohen’s past lies and conduct, it will be a target rich environment for cross examination. As if on cue, Cohen just added another potential item for a withering cross: he denied any memory of a waiver of attorney-client privilege in a public tiff with Robert Costello. Continue reading “Cohen v. Costello: Coming Soon to a Cable Show–and Courtroom–Near You” →

Courts, Lawyering, Politics

New Orleans Judge Under Fire for Failing to Disclose Interest in Mayoral Recall Effort

Jennifer Medley is one of many citizens who appear fed up with the crime and poor management of New Orleans. Medley reportedly joined thousands of others in signing a petition to recall New Orleans Mayor LaToya Cantrell. As a single mom working in the city, she has good reason to be concerned. However, Medley is also a judge. Indeed, she is the very judge that just ruled on the recall effort without disclosing that her name is one of those seeking the recall. Continue reading “New Orleans Judge Under Fire for Failing to Disclose Interest in Mayoral Recall Effort” →

Criminal law, Lawyering

Lawyer with the Southern Poverty Law Center Arrested on Possible Domestic Terrorism Charges

In a case reminiscent of the two New York lawyers convicted of firebombing a police vehicle, a lawyer for the Southern Poverty Law Center (SPLC) was arrested for possible domestic terrorism in targeting a police training center in Atlanta. Thomas Webb Jurgens was among 23 suspected domestic terrorists in an attack on the site for a planned $90 million training complex called “Cop City” by protesters.

Continue reading “Lawyer with the Southern Poverty Law Center Arrested on Possible Domestic Terrorism Charges” →

Columns, Criminal law, Justice, Lawyering

“We’re Here to Help”: The Justice Department Makes The Case . . . for a Congressional Investigation

Below is my column in the New York Post on the Wall Street Journal report that the Justice Department declined an offer to conduct the searches for the Biden classified documents after the discovery on Nov. 2. There is a new report this morning that Justice Department officials did go to the residence in Delaware to collect the documents. That in itself is not surprising since the transport of classified documents triggers its own security protocols. It generally required a certified courier or someone else with authority to transport such documents. The question is whether the officials were present for the search. There is no investigatory reason why such facts remain the subject of speculation and leaks. The Justice Department can simply state that the White House is not prevented from giving a full account of what transpired in each of these searches.

Here is the column: Continue reading ““We’re Here to Help”: The Justice Department Makes The Case . . . for a Congressional Investigation” →

Columns, Criminal law, Lawyering

All The President’s Men: Biden’s Use of Lawyers Raises Additional Concerns Over Handling Classified Material

Below is my column in the New York Post on the curious use of lawyers by President Joe Biden in the classified document controversy. There was a clear decision made to rely on his own counsel rather than the FBI or security officers after the discovery of highly classified documents in a closet in a private office. The decision clearly brings greater control and protection for the President, but it can itself be viewed as additional evidence of gross mishandling of classified material. In the movie “All The President’s Men,” Woodward chastises his colleague Bernstein that “I don’t mind what you did; I mind how you did it.” President Biden may face the same objection in his decision to use counsel to search for classified material.

Here is the column:

Continue reading “All The President’s Men: Biden’s Use of Lawyers Raises Additional Concerns Over Handling Classified Material” →

Columns, Lawyering, Media, Politics

“Probing & Pushing Everywhere”: New Twitter Releases Confirm the FBI’s Role in Suppressing the Hunter Laptop Story

Below is my column on Fox.com on the most recent release of Twitter files detailing the FBI’s direct involvement in the targeting and censoring of citizens. The most notable aspect is the effort by the FBI to censor references to the Hunter Biden scandal before the 2020 election. Here is the column:

Continue reading ““Probing & Pushing Everywhere”: New Twitter Releases Confirm the FBI’s Role in Suppressing the Hunter Laptop Story” →

Columns, Justice, Lawyering, Media

The Deep Twitter State? Former FBI General Counsel Fired at Twitter

Below is my column on Fox.com on the firing of former FBI General Counsel James Baker at Twitter. The move by Elon Musk is raising serious questions of whether he has faced a type of “deep state” problem within his own company obstructing his efforts to restore transparency and free speech values to Twitter.

Here is the column:

Continue reading “The Deep Twitter State? Former FBI General Counsel Fired at Twitter” →

Res ipsa loquitur – The thing itself speaks