Category: Lawyering

Bizarre, Lawyering

AI Did It: Disbarred Michael Cohen Admits to Sending Fake Case Citations to Get Early Release from Supervision
C-Span/YouTube Screenshot

Michael Cohen, former President Trump’s onetime fixer and lawyer, has admitted to a federal court that he was the source of fake case citations used to support his effort to end his supervised release from his earlier criminal convictions. He blamed Artificial Intelligence (AI) for the error, he also seemed to throw his own attorney under the bus for not checking his work. Continue reading “AI Did It: Disbarred Michael Cohen Admits to Sending Fake Case Citations to Get Early Release from Supervision” →

Criminal law, Lawyering, Politics

“Just Rip it Up”: Hunter Biden is a Case Study of the Perils of Legal Gluttony

The second indictment of Hunter Biden brought nine new criminal charges and a host of problems for both him and his father. The indictment shatters past claims and denials related to the massive influence peddling operation by the Bidens. However, it is also a case study of the perils of legal gluttony. Continue reading ““Just Rip it Up”: Hunter Biden is a Case Study of the Perils of Legal Gluttony” →

Criminal law, Justice, Lawyering

Father Knows Best: Special Counsel Slams Hunter Biden’s Subpoena Demand

Special Counsel David Weiss filed a blistering opposition to Hunter Biden’s request to subpoena former President Trump and other former officials in his ongoing federal trial. On Tuesday, Weiss felt it necessary to remind Hunter that his “father, Joseph R. Biden, is the President of the United States” and his administration brought these charges. This “Father Knows Best” argument suggests that Hunter needs to focus a bit closer to home. Continue reading “Father Knows Best: Special Counsel Slams Hunter Biden’s Subpoena Demand” →

Lawyering, Media, Politics, Torts

The Case Against Andrew Weissmann: MSNBC Analyst and Mueller Aide Faces a Trump-Like Lawsuit

When hired by MSNBC as a legal analyst Andrew Weissmann, host Ari Melber explained that Weissmann is a “legend” while others heralded his insider perspective on cases. While many disagreed, Weissmann now has the inside scoop on a major defamation lawsuit in Washington, D.C. He is also the defendant. The controversial former aide to Special Counsel Robert Mueller (and NYU law professor) is being sued after declaring that attorney Stefan Passantino coached former Trump aide Cassidy Hutchinson to lie before Congress. Continue reading “The Case Against Andrew Weissmann: MSNBC Analyst and Mueller Aide Faces a Trump-Like Lawsuit” →

Constitutional Law, Free Speech, Lawyering

No, Rashida Tlaib Should Not Be Sanctioned by the Michigan Bar

This month, the Coolidge Reagan Foundation has called upon the Michigan bar to investigate and sanction Rep. Rashida Tlaib, D-Mich., over her comments on Gaza and Israel. While I have been critical of Tlaib over her rhetoric and claims on the Hamas attack and later war, I believe that such sanctions would be inimical to free speech and pull the bar into political controversies. Continue reading “No, Rashida Tlaib Should Not Be Sanctioned by the Michigan Bar” →

Bizarre, Criminal law, Lawyering

Houston Lawyer Charged With Smuggling Drugs into Jail on Ecstasy-Saturated Legal Papers
A Houston attorney, Ronald Lewis, 77, is facing criminal charges over an allegation that he brought drug-laced papers into a jail that later caused the death of two inmates. We have previously discussed charges of attorneys for criminal conduct in jails, but few have reached this level of culpability. Lewis is currently facing two charges of having a banned substance in a correctional facility. However, it is possible, if not likely, that additional charges will be brought later.

Continue reading “Houston Lawyer Charged With Smuggling Drugs into Jail on Ecstasy-Saturated Legal Papers” →

Columns, Criminal law, Lawyering

Spring Break: Christie’s Prediction of a Trump Conviction by Spring Just Hit a Snag

Below is a longer version of my column in the New York Post on the leaking of the interviews of former counsel to Donald Trump. The interviews could magnify the difficulties for both Fulton County District Attorney Fani Willis and Special Counsel Jack Smith in their respective prosecutions.  These cases still represent a serious threat to Trump, but these prosecutors must first overcome a glaring potential contradiction. That does not mean that Christie and the other candidates will not get a “Spring Break” with a conviction, but it could prove more challenging even with highly favorable jury pools.

Here is the column:

Continue reading “Spring Break: Christie’s Prediction of a Trump Conviction by Spring Just Hit a Snag” →

Columns, Criminal law, Lawyering

Smith’s Sirens: Can Trump Be Convicted for the Lure of Bad Lawyering?

Below is my column in The Messenger on the emerging controversy in the Trump prosecutions over the testimony of former counsel to the former president. Various lawyers have now accepted plea bargains. However, Special Counsel Jack Smith and the Fulton County District Attorney appear to be arguing that, while Trump was assured of these claims by counsel, he should never have listened to them. It is a type of “Siren’s Call” theory of criminality.

Here is the column: Continue reading “Smith’s Sirens: Can Trump Be Convicted for the Lure of Bad Lawyering?” →

Criminal law, Lawyering

Jenna Ellis Admits to Criminal False Statements in Ominous Plea for Trump

The image most of us had of former Trump attorney Jenna Ellis was a remarkably cheerful mugshot after her arrest in the RICO case brought by Fulton County District Attorney Fani Willis. Ellis made a very different appearance today in state court as she pleaded guilty to intentionally interfering in the election process in the state of Georgia. While the impact of earlier pleas by figures like Sidney Powell is hard to judge at this stage, this plea has more ominous implications for the former president. Continue reading “Jenna Ellis Admits to Criminal False Statements in Ominous Plea for Trump” →

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” →