Department of Justice

You Won’t Believe How Much These 18 Cats Look Like Former Solicitors General — by Laurence Tribe

So which of these are real and which are not?

* Cass Sunstein is writing listicles on the best Supreme Court justices. [Bloomberg View]

* Attorney General Holder is really going to get to the bottom of these serious allegations that the IRS targeted conservative groups. [TaxProf Blog]

* The ABA is ending the mandatory use of the LSAT to allow some struggling schools more flexibility in filling empty seats. [The Faculty Lounge]

* The DOJ is looking into whether or not “God” has such a stranglehold on religion in America that it constitutes an antitrust violation. [The Volokh Conspiracy / Washington Post]

* A pair of Texas lawyers tussle over the rights to a motorcycle club they ran. [Texas Lawyer]

* Americans in the 80s made fun of lawyers more than any other society. [Overlawyered]

Here’s a sentence from a recent Seventh Circuit opinion:

[T]his case shows every sign of being an overzealous prosecution for a technical violation of a criminal regulatory statute — the kind of rigid and severe exercise of law-enforcement discretion that would make Inspector Javert proud.

This was a sentence from the dissent.

Amazingly, though, the majority voted to reverse the conviction. Judge Sykes, who authored the dissent, would have affirmed the conviction — though, presumably, not because she thinks a Javert-like prosecution is a model that the Department of Justice ought to aspire to.

It’s an odd day when such strong language appears in an opinion that supports a court of appeals affirming a district court decision. And this case, United States v. Abair, is odd. (And thank you, Professor Volokh, for pointing the case out!)

Why is the case odd?

double red triangle arrows Continue reading “Inspector Javert Goes Smurfing In Indiana”

On Tuesday, the D.C. Circuit benchslapped a gaggle of lawyers for filing briefs with excessive acronyms. The court’s per curiam order directed the parties to “submit briefs that eliminate uncommon acronyms used in their previously filed final briefs.”

Alas, attempts to comply with this order have raised a new problem — a problem that some readers saw a mile away….

double red triangle arrows Continue reading “A Benchslap Postscript: Mo’ Words, Mo’ Problems”

The D.C. Circuit to counsel: readable briefs or GTFO. From an order filed today:

Who are the parties and their counsel? Additional information and the full order, after the jump.

(Also note the UPDATES — in defense of the lawyers, and floating a theory about the judge behind the benchslap — added to the end of this post.)

double red triangle arrows Continue reading “Benchslap Of The Day: LMAO At D.C. Cir.”

A few months ago, we noted that the FBI had quietly admitted that its primary function was no longer law enforcement (as it was supposed to be), but rather “national security.” Because fighting terrorism is hot. Putting bankers destroying the economy in jail? Not hot. As we noted at the time, the numbers showed that the FBI was putting a huge part of its budget towards “counterterrorism” (potentially doing much more to destroy your civil liberties than the NSA) and its efforts to take down white collar crime was dropping significantly.

A new report from the Justice Department’s Inspector General confirms this finding. It also notes that, despite President Obama and Attorney General Eric Holder promising (yeah, I know…) that cracking down on “mortgage fraud” was a top priority, the FBI has actually put it near the bottom of the list of actual priorities. Say one thing, do another. That sounds mighty familiar…

double red triangle arrows Continue reading “Despite Promises To Fight Mortgage Fraud, DOJ Basically Ignored It, Then Claimed Success With Faulty Stats”

Back in November 2013, the U.S. Senate passed the so-called “nuclear option,” eliminating the threat of squelching the president’s executive branch and judicial nominations by filibuster. Under the new rules, a nominee only needs 51 votes to break a potential filibuster, instead of the 60 votes previously needed. Democratic senators lubricated nominees’ paths to confirmation. Finally, we were told, a cantankerous Republican minority could no longer block all the well-qualified, uncontroversial nominees that the president had waiting in the queue.

Nevertheless, yesterday the Senate voted to reject President Obama’s nomination of Debo Adegbile to head the Department of Justice’s Civil Rights Division. The 47 – 52 vote failed to reach the 51 votes necessary to achieve cloture and advance the nomination. Seven Democratic senators — Senators Bob Casey of Pennsylvania, Joe Manchin of West Virginia, Mark Pryor of Arkansas, Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana, John Walsh of Montana and Chris Coons of Delaware — opposed the nominee. Adegbile is perhaps best known for his work leading litigation for the NAACP Legal Defense and Education Fund, often known simply as LDF.

No Republicans voted against their party line. Perhaps some of them opposed his nomination on principle; perhaps some reflexively opposed an Obama nominee. The Democrats who voted against Adegbile, however, took a clear and conscious against him. Effectively, Democrats killed Adegbile’s nomination.

Why? Despite his other professional accomplishments, Adegbile’s problems in the Senate can be summed up in a word: Mumia. In six words: convicted and controversial cop-killer Mumia Abu-Jamal . . . .

double red triangle arrows Continue reading “Welcome To The Post-Filibuster Senate: The Bipartisan Rejection Of Debo Adegbile”

The first rule of state court is: you do not talk about state court.

* Foreclosure attorney Bruce Richardson alleges that Hogan Lovells partner David Dunn hit him with a briefcase in front of a court officer. That’s how they roll in state court. (Expect more on this later.) [New York Daily News; New York Post]

* From cop killer to nomination killer: Mumia’s the word that stopped Debo Adegbile’s nomination to lead the Justice Department’s Civil Rights Division. [Washington Post]

* In happier nomination news, congratulations to former Breyer clerk Vince Chhabria, as well as to Beth Freeman and James Donato, on getting confirmed to the federal bench for the Northern District of California. [San Francisco Chronicle]

* It’s been a good week for amicus briefs. Congrats to Professors Adam Pritchard and Todd Henderson for getting the attention — and perhaps the votes — of several SCOTUS justices. [New York Times]

* How a Cornell law student got her father to foot the bill for half of her pricey legal education. [ATL Redline]

* As I predicted, the Ninth Circuit’s ruling in United States v. Maloney didn’t sweep the alleged prosecutorial misconduct under the rug by granting the government motion without comment. [The Atlantic]

* RACEISM™ alert: federal prosecutors allege that deputies to a North Carolina sheriff accused of racial profiling of Latinos shared links to a violent and racist video game. [Raleigh News & Observer]

* Speaking of mistreatment of Latinos, a recent Third Circuit decision spells good news for some immigrant communities. [Allentown Morning Call]

* Sarah Tran, the law professor who taught class from her hospital bed, RIP. [Give Forward]

Attorney General Eric Holder was hospitalized today after experiencing faintness and shortness of breath, as noted by the ABA Journal. According to Justice Department spokesman Brian Fallon, Holder was taken to the hospital as a precaution, after experiencing symptoms during a morning staff meeting.

When reached for comment, Holder said, “Please God, let me use my Covington & Burling health care. Don’t send me to a death panel.”

Just kidding. Holder is fine (I hope, or else this post is going to look like very poor taste). Let’s wish him the best for a speedy recovery. Those drones can’t figure out whom to strike by themselves.

Attorney General Holder Is hospitalized [ABA Journal]

Have you seen this over the last few days?

* Were you using Westlaw last week and saw this image? Here’s why… [Westlaw]

* A federal judge is charged with DUI. And there’s video of the arrest! [American Press]

* A heartwrenching poem from a law professor about discrimination. Wait, it’s not about race or gender discrimination but about not getting tenure as a legal writing professor. Yeah, that makes sense. [TaxProf Blog]

* Criminal defense lawyers are part-counselor, listening to the woes of their clients. Should basic instruction in therapy be part of professional training? [Katz Justice]

* The collapse of legal industry could be happening again, this time to the medical profession. [The Atlantic]

* Jeez, I had no idea that the paralegal industry is enjoying such a surge in hiring. I guess it makes sense… you get all the drudgery work of a young lawyer at half the cost. [George Washington University]

* A new DOJ report confirms what we all expected: Montana law enforcement officials are kind of terrible at prosecuting sexual assault cases. [Jezebel]

Bradley Cooper: a very handsome man, but sadly not a lawyer.

Seemingly random small-firm lawyers from Alabama weren’t the only legal types in attendance at the White House State Dinner on Tuesday evening. Indeed, as we’ve previously noted, numerous legal celebrities attended the festivities as well.

Sure, there were some “celebrity celebrities” at 1600 Pennsylvania Avenue that night. The guest list included such boldface names as J.J. Abrams, Stephen Colbert, Bradley Cooper, Mindy Kaling, and Julia Louis-Dreyfus.

But who cares about Hollywood? Above the Law readers are more interested in the government lawyers, federal judges, Biglaw partners and law professors who attended this major social event….

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