Columns, Criminal law, Media

“Fake It Till You Make It”: The Holmes Conviction is an Indictment of Business and Media Practices
(DoD photo/Glenn Fawcett)

The conviction of Elizabeth Holmes in 4 out of 11 counts was a measured verdict by the jury which spent weeks combing through the debris from her epic fall. Indeed, as with other high-profile cases in 2021, this jury showed our system at the best in carefully deliberating and reaching balanced conclusions. The jury saw criminal fraud in Holmes’ dealings with investors while rejecting such claims with regard to patients. (It also hung on three counts). The distinction between the investors and patients was nuanced but principled. What the jury did not consider are those who helped Holmes create her elaborate scam. In many ways, the conviction is an indictment of those in business and the media who helped create the massive fraud that was Elizabeth Holmes. Continue reading ““Fake It Till You Make It”: The Holmes Conviction is an Indictment of Business and Media Practices” →

Lawyering, Torts

The “Royal We” Provision: Newly Released Settlement Favors Prince Andrew as One of Epstein’s “Other Defendants”

The civil litigation between Prince Andrew and Virginia Giuffre (née Roberts) just took a “Big Lebowski” turn.

In the movie, there is a scene “The Dude” is pressed on what happened to a million dollars in a suitcase. He insists “We dropped off the damn money…” When the Big Lebowski asks “We?,” the Dude responds “I! The Royal ‘we’!…”

It turns out that the settlement agreement between Giuffre and Epstein contains what Prince Andrew might claim is a “Royal We provision.” In exchange for half a million dollars, the settlement expressly bars Giuffre from suing not just Epstein but “other defendants.” Prince Andrew is arguing effectively that the plural reference includes him. Continue reading “The “Royal We” Provision: Newly Released Settlement Favors Prince Andrew as One of Epstein’s “Other Defendants”” →

Columns, Constitutional Law, Courts, Politics, Supreme Court

Tick, Tick, Tick…: The Supreme Court Readies an Explosive Docket for 2022

Below is my column in the Hill on upcoming year for the Supreme Court. The Court’s docket is likely to put the institution at ground zero of a heated election year. Major decisions on abortion and gun rights are expected by June 2022. Even with Chief Justice John Roberts denouncing attempts at “inappropriate political influence” on the Court, the threats of Court packing and other measures are likely to become even more shrill as these decisions rollout in the new year.

Here is the column: Continue reading “Tick, Tick, Tick…: The Supreme Court Readies an Explosive Docket for 2022” →

Constitutional Law

New York Announces That Scarce Covid-19 Treatments Will Be Prioritized For Non-White Patients

New York may have triggered a new constitutional challenge with its policy to prioritize non-white people in the distribution of certain COVID-19 treatments. There are growing shortages due to a failure of the Biden Administration to anticipate the demand for monoclonal antibody treatment and antiviral pills as well as testing kits. New York’s Department of Health has responded to this shortage with a policy that will make race one of the prioritizing factors in distributing available resources. The policy, in my view, raises serious constitutional concerns over racial preferences in the supply of potentially life-saving treatments. Continue reading “New York Announces That Scarce Covid-19 Treatments Will Be Prioritized For Non-White Patients” →

Columns, Politics

“A Scandal Free Biden Administration”: The Media Celebrates a Year of Free From Political Scandal and Press Scrutiny

With the conclusion of the first year of the Biden Administration, White House Chief of Staff Ron Klain sought to end on a high, or at least higher, note by retweeting a column saying that 2021 was not “all bad.” It was like bragging that a first date told you that the evening could have been worse. However, what really stood out in the column by Albert Hunt was the key rationale: the first year was “scandal free.” Calling 2021 “scandal free” is not merely an example of blinkered commentary, it is an  exercise of willful blindness. This is why magicians often make audience members part of the illusion. Houdini did not actually make his 10,000 pound elephant Jennie disappear. It was there the whole time but the audience did not want to see it. That’s the trick. Continue reading ““A Scandal Free Biden Administration”: The Media Celebrates a Year of Free From Political Scandal and Press Scrutiny” →

Congress, Constitutional Law, Courts, Politics

“Inappropriate Political Influence”: Chief Justice John Roberts Responds to Threats Against the Court

Chief Justice John Roberts used his year-end report on New Year’s Eve to denounce the threats being made against the Court and its members by Democratic politicians and groups, including threats to pack the Court to force an immediate liberal majority. Roberts referred to such threats as efforts to exercise “inappropriate political influence” on the Court in contravention of our constitutional values and traditions. Continue reading ““Inappropriate Political Influence”: Chief Justice John Roberts Responds to Threats Against the Court” →

Congress, Constitutional Law

Is the “Workaround” Working? Federal Judge Enjoins Another Biden Mandate in Texas

The Supreme Court is preparing for arguments on January 7th in three cases looking at the legality of the vaccine mandate issued by the Occupational Safety and Health Administration (OSHA). Courts have split on what White House Chief of Staff Ron Klain admits was a “workaround” of the limits on the President’s authority. Lower courts, however, are still adding potential mandate cases for expedited consideration. On New Year’s Eve, Judge James “Wesley” Hendrix of the U.S. District Court Northern District of Texas enjoined the mandate issued under the Head Start programs by the Biden administration. The opinion follows the same general analysis as many of the prior cases in finding that this “workaround” will not work. Continue reading “Is the “Workaround” Working? Federal Judge Enjoins Another Biden Mandate in Texas” →

Uncategorized

Blow Out Year: Res Ipsa Hits 55,000,000

On New Year’s Eve, Res Ipsa passed the 55,000,000 mark in views on the blog to close out a blowout year for our blog. Again, we thank our loyal readers who return every day to discuss contemporary legal, political, and occasionally bizarre stories. We have used these moments to give thanks for our many regular readers around the world and give you an idea of the current profile of readers on the blog. As always, I want to offer special thanks for Darren Smith, who has continued to help manage the blog and help out folks who encounter posting problems. I also want to thank our regular readers who email me to flag my signature typos or any violations of the civility or copyright policies on the blog. Continue reading “Blow Out Year: Res Ipsa Hits 55,000,000” →

Criminal law, Politics

Justice Department Drops Prosecution of Epstein Guards After Maxwell Conviction

In a surprising move the day after the conviction of Jeffrey Epstein’s girlfriend Ghislaine Maxwell, the Justice Department dropped all charges against the two guards on duty the night of his death. The filing of a nolle prosequi notice just before New Year’s Eve (and just after the verdict) immediately rekindled long-standing conspiracy theories that Epstein was killed rather than committed suicide in his cell on August 9, 2019. Putting such theories to the side, the filing raises a host of other questions, including the basis and motive of bringing the charges in the first place.

Continue reading “Justice Department Drops Prosecution of Epstein Guards After Maxwell Conviction” →

Criminal law

Transportation Versus Destination: Maxwell’s Conviction Leaves Glaring Questions Over the Lack of Prosecutions
Epstein and Maxwell (SDNY)

The conviction of Ghislaine Maxwell for five out of six criminal charges was heralded by many as bringing some justice for the girls abused through her actions. Indeed, the Southern District of New York correctly called the underlying conduct as “one of the worst crimes imaginable – facilitating and participating in the sexual abuse of children.” However, that statement only begged the question of why none of the men listed on flights of the “Lolita Express” or on the guest lists of these parties have been prosecuted. That list includes former presidents Bill Clinton and Donald Trump as well as Prince Andrew and an assortment of billionaires. It is not clear if these men committed criminal acts but it is also not clear that they have been formally questioned by the FBI. Continue reading “Transportation Versus Destination: Maxwell’s Conviction Leaves Glaring Questions Over the Lack of Prosecutions” →

Constitutional Law, Free Speech, Politics

New York Considers Legislation to Curtail Free Speech in the Name of Democracy

The great civil libertarian Justice Louis Brandeis once warned that “the greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” New York State Democrat Senator Brad Holyman is one of those “men of zeal.” With the approaching anniversary of the Jan. 6th riots, he has proposed a new law that would legislate an even greater level of censorship to prevent the “social media amplification” of views that are deemed harmful or “disinformation.”  It is only the latest example of our “whatever it takes” politics.

Continue reading “New York Considers Legislation to Curtail Free Speech in the Name of Democracy” →

Constitutional Law, Courts, Politics, Supreme Court

“Dire” for Democracy? New York Mag Columnist Decries the Popularity of Chief Justice Roberts
Criminal law, Free Speech

“True Threats”: Ninth Circuit Rules That Threats Against Mitch McConnell May Be Prosecuted

The United States Court of Appeals for the Ninth Circuit has handed down a significant ruling on the exception to the First Amendment for criminal threats. The court reversed the decision of District Court Judge Charles Breyer, who rejected the charges against Howard Weiss who threatened Senate Minority Leader Mitch McConnell.

Continue reading ““True Threats”: Ninth Circuit Rules That Threats Against Mitch McConnell May Be Prosecuted” →

Bizarre, Criminal law, Free Speech

Former Boston College Student Pleads Guilty to Manslaughter After Encouraging Her Former Boyfriend to Commit Suicide

A smiling couple sit on a bench, posing for a photo

Over the years, we have discussed the prosecution of people who encourage friends or strangers to commit suicide. I have raised free speech concerns over prior prosecutions in the ambiguous line often drawn by prosecutors. The most recent case of Inyoung You, who pleaded guilty to manslaughter last week after repeatedly telling her boyfriend, Alexander Urtula, to kill himself. Both were students at Boston College and had a tumultuous 18 month relationship. Continue reading “Former Boston College Student Pleads Guilty to Manslaughter After Encouraging Her Former Boyfriend to Commit Suicide” →