Department of Justice

Earlier today, the Obama administration “won” the health care decision. This afternoon, they “lost” a partisan struggle. Congress voted to hold Attorney General Eric Holder in contempt of Congress. Holder becomes the first attorney general, and really, the first cabinet member, to be held in contempt.

Two hundred and fifty five Congresspeople voted to hold Holder in contempt. Twenty Democrats joined the vote. Shockingly, the National Rifle Association decided to “score” the vote as part of the Representatives report card on gun laws. Voting for contempt gets a “good score” from the powerful lobbying group, and many believe that explains the 20 chicken s*** Democrats who voted for contempt.

Holder is being accused of not cooperating with Congress’s ongoing investigation into the Fast and Furious program. It’s not clear that Holder even knew about the program. But, you know, Republicans are in the majority in Congress so they don’t really have to explain why they’re going after the Attorney General….

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The train wreck that is the Department of Justice’s criminal copyright case against Megaupload and its eccentric CEO, Kim Dotcom, is spiraling out of control faster and faster. And I have to admit, as a music-obsessed child of the ’90s and the download era, God, it is fun to watch.

A New Zealand court made another ruling today, and it’s another sledgehammer to the government’s case against the formerly massive cyber locker. Keep reading to see what once was a slamdunk case continue crumbling before our eyes….

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Aww, SCOTUS, you made him cry.

* Today’s court session is business as usual for SCOTUS, because the justices always seem to save the “best” for last. And now I’ll have that stupid Vanessa Williams song stuck in my head all day. Sorry if I got it stuck in yours, too. [National Law Journal (reg. req.)]

* Meanwhile, over at the White House, the air was thick with the sound of silence on the eve of the Supreme Court’s ruling on the Affordable Care Act. More than willing to bet that President Obama probably didn’t sleep too well last night. [Los Angeles Times]

* “If she dies and Romney wins, the Supreme Court will be the most conservative in history.” Oh, please. Stop giving Ruth Bader Ginsburg flak for being too old, and learn to respect your elders — she’ll quit (or she’ll croak) when she damn well feels like it. [New York Times]

* Peter Madoff will plead guilty to two federal charges at the end of the week. He’ll probably serve ten years in prison. In the long run, that’s nothing compared to big brother Bernie’s 150-year sentence. [Bloomberg]

* Reason #11ty-billion why we <3 Flori-duh: a judge rejected the DOJ's request to block Florida's voter purge, and Governor Rick Scott, of course, was pleased as punch, calling it a "common-sense decision." [POLITICO]

* Megaupload wins again: a New Zealand court ruled that the search warrants used to raid Kim Dotcom’s mansion were illegal because they failed to “adequately describe the offenses to which they related.” [Reuters]

* Loan debt will allegedly make you do some pretty crazy sh*t. Jason Bohn, the law school grad featured in an NYT article about the perils of law school, now stands accused of murdering his girlfriend. [New York Post]

* The ABA Journal wants to know if you think your law school’s name and reputation affected your career path. Well, the first comment on my first post was “the what what school of where now,” so you tell me. [ABA Journal]


As part of our continuing coverage of Maximus, err, Kim Dotcom, the charismatic, renegade technology leader of Megaupload who appears to be in the process of defying an entertainment empire, let’s take a quick look at the most recent filings in his copyright fight with United States government.

Plus, more importantly, we have a look at Dotcom’s awesome new Twitter feed. Spoiler alert: the account includes photographic evidence of money “laundering,” “racketeering,” and a guest appearance by the Woz…

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* Dewey know how insolvency laws work in Dubai? The failed firm’s partners in the United Arab Emirates have filed for creditor protection in the hopes of receiving end-of-service payments. [The National]

* “This is your fault.” “Uh, no, this is all your fault.” “I’m going to sue you.” “Not if I sue you first.” Florida and the DOJ got into a good old fashioned slap fight yesterday over the purging of the state’s voter rolls. [Reuters]

* And now for your morning dose of nasty ass sexual abuse allegations. The testimony in the Jerry Sandusky case will continue today, with more lurid accounts from the former football coach’s accusers. [Bloomberg]

* Is this what it’s come to in the legal profession? Are people really so desperate for work that they’re willing to apply in droves for a job that pays less than minimum wage? By all accounts, it sure looks like it. [ABA Journal]

* Tips for parents of law school applicants? Screw that, ours are better: 1) tell your kid to read ATL; 2) smack your kid in the face if he still wants to apply; 3) repeat if necessary. [Law Admissions Lowdown / U.S. News]

* A female security official for the NBA who happens to be a law school graduate is suing for employment discrimination. And no one cares about women’s basketball any more than they did before. [New York Times]

We have been covering the Justice Department’s case against Megaupload, the formerly massive file hosting site, ever since the government shut it down in January.

We have seen the government’s piracy case devolve from a slamdunk into a slopfest with what appears to be less and less of a chance of successful prosecution. Although charismatic CEO Kim Dotcom is still under house arrest in New Zealand, judicial officials there are getting frustrated with the United States. And the company’s attorneys at Quinn Emanuel are still continuing their assault against the Feds. The firm filed two important briefs yesterday, which could significantly impact the future of the case…

double red triangle arrows Continue reading “The Justice Department Appears to Be Losing the Battle Against Megaupload”

'F**k this f**king sh*tty bonus!'

* “Our assets went home every night, until one night, they went home and never came back.” Aww, Dewey shed a tear for this bankrupt law firm? Nah. [Thomson Reuters News & Insight]

* It looks like SCOTUS Justice Clarence Thomas decided to kiss and make up with his alma mater, Yale Law School. He’ll be the keynote speaker at an alumni dinner in D.C. this summer. [Reuters]

* And the marriage equality battle has finally arrived in Obama’s former stomping grounds. Lambda Legal and the ACLU are challenging the ban on gay marriage in Illinois. [Associated Press]

* The biggest news out of the John Edwards trial yesterday was that Judge Eagles told the alternate jurors they didn’t have to show up anymore. OMG, boring. Give us a verdict already. [ABC News]

* Kim Dotcom and his company’s defense against the DOJ’s charges is coming together piece by piece. If only Megaupload were a torrent site, this would be a much better nerd joke. [Media Decoder / New York Times]

* The ABA Journal wants to know if you curse in the workplace, and if so, in what situations. We bet that a fair share of Biglaw associates were dropping f-bombs left and right over this year’s bonuses. [ABA Journal]

A Biglaw firm gets screwed...

* Dewey have some novel issues for our bankruptcy lawyers, or what? As we noted last night, now that D&L has filed for Chapter 11, they’ll have to deal with bank debt, and bondholders, and possible criminal proceedings, oh my! [New York Law Journal]

* And did we mention that Dewey’s defectors and their new firms might get screwed out of millions thanks to the recent Coudert decision? You really should’ve tried to finish up your business before the firm flopped. [WSJ Law Blog]

* Our SCOTUS justices’ summer plans don’t include debating the results of their landmark health care and immigration cases. They’ll be off to fabulous destinations to teach by the first week of July. [Associated Press]

* A federal judge in Brooklyn doesn’t like what seems to be happening in the “game of grams” when it comes to mandatory minimum drug sentencing. Perhaps the DOJ will heed his call for reform. [New York Times]

* Facebook’s IPO was an epic fail, but it’s been great business for plaintiffs lawyers. Twelve securities class action firms are gathering leads and getting ready to sue, and two have already sued. [National Law Journal]

* This wasn’t exactly well planned: if you’re involved in state politics, it’s probably not a good idea to fake a legal internship with a state representative so that you can graduate from law school. [Concord Monitor]

* In happier news, a New York Law School graduate walked across the stage to receive her diploma with the help of her seeing-eye dog. The pooch hasn’t lifted a leg on her law degree… yet. [New York Daily News]

... and so do folks down under.

* “Brothels are never going to be a vote winner.” But even so, if you’re looking to get it in down under, a plan to build Australia’s largest cathouse may soon gain approval if lawyers are able to do their work quick and dirty. [Bloomberg]

* Thanks to this case, stupid teenagers in New Jersey who send texts to others that they know are driving can now revel in the fact that they can’t be held liable for injuries that may occur thanks to careless driving. [New Jersey Law Journal]

* In a Supreme Court decision split across gender lines, prosecutors can now get a do-over on criminal charges without double jeopardy, even if an otherwise deadlocked jury unanimously rejected them. [New York Times]

* And yet another day ended without a verdict in the John Edwards campaign finance trial, but the jury asked to review every exhibit in the case. The former presidential candidate must feel like he’s being punk’d. [CNN]

* The DOJ found that two prosecutors in the Ted Stevens case committed reckless professional misconduct punishable by unpaid time off. Looks like they’ll be getting an extended Memorial Day break. [Blog of Legal Times]

* Hot on the heels of Obama’s announcement in support of gay marriage, yet another California judge has found that DOMA is unconstitutional (along with a provision of the tax code). [Poliglot / Metro Weekly]

* Occupy Wall Street is suing for $48K over the destruction of the group’s “People’s Library” after their eviction from Zuccotti Park. But let’s get real, who wants used books that reek like patchouli and pot? [Bloomberg]

* More than one million “de facto spouses” in Quebec may soon be automatically married by the state against their will. Imagine how much fun it’ll be to get a divorce from someone you never actually married. [Slate]

* Two waitresses who claim they were fired for complaining about their former employer’s “no fatties” policy will get to bring their $15M lawsuit before a jury. Hopefully Peter Griffin isn’t a juror. [Law & Daily Life / FindLaw]

Yesterday brought some big news out of Chicago. Renowned federal prosecutor Patrick Fitzgerald — who successfully prosecuted such figures as Governor George Ryan, Governor Rod Blagojevich, White House adviser Scooter Libby, and media mogul Conrad Black — announced that he will be stepping down as U.S. Attorney for the Northern District of Illinois. Fitzgerald’s resignation will take effect on June 30.

I had the pleasure of meeting Pat Fitzgerald in October 2007, when he spoke at our alma mater, Regis High School (which he graduated from before going on to Amherst College and Harvard Law School). During the question-and-answer session for his talk, I alluded to his celebrity status and asked him: “What’s next for Patrick Fitzgerald?” I tossed out several possibilities, such as running for political office or working as a male model (in light of his 2005 designation by People magazine as one of the sexiest men alive).

The straight-laced, self-effacing Fitzgerald — who spent his entire talk discussing cases, saying practically nothing about himself — seemed slightly uncomfortable at having the spotlight on him in such a personal way. He diplomatically dodged my question, saying something about how he was just focused on doing the best job possible as U.S. Attorney. This was very proper of him, even if a bit boring.

My question to him, posed back in 2007, was just a hypothetical. But now it has turned actual: What is Pat Fitzgerald going to do next?

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