Edward Snowden

* Missouri lawyer is hauled into a disciplinary hearing about his practice of showing a picture of a naked woman to a female client. He says it wasn’t about sex and he was just showing her the kinds of pictures that come up in a divorce proceeding. That sounds like a fine explanation. I mean, every divorce involves autographed photos of strippers. He also commingled funds. That’s less easy to explain. [Inside the Ozarks]

* Hey look! They brought back Debtors’ Prison. The prison-industrial complex has gotta get paid somehow. [Bergen Dispatch]

* Federal prosecutors in Manhattan are now looking into David Samson, the chair of the Port Authority of New York and New Jersey and a Christie appointee. If government agencies aren’t for petty revenge and plunder, then what are they for? [Talking Points Memo]

* Insurance company cronies threaten that insurance company may have to get out of the business because of all the lawyers winning cases making the insurance company actually pay their contractual obligations. Don’t they understand the purpose of litigation is just to collect premiums? [Legal Newsline Legal Journal]

* How ACLU attorney Ben Wizner became Snowden’s lawyer. [Forbes]

* “One of the reasons I could never imagine being a lawyer is because you have to account for your time in 15-minute increments.” Thankfully she was corrected and told that lawyers are actually more irritatingly measured in 6-minute increments. [Dear Prudence / Slate]

* With all the talk of patent law reform coming from the President, this is an excellent time to look back at eight dumb patents. [Mashable]

This is pretty archaic.

* Being a mass murderer wouldn’t be any fun if you couldn’t play video games. Also, let’s Upworthy this: Elie tells a story about himself dancing naked… you won’t believe what happens next. [ATL Redline]

* Ted Wells of Paul Weiss finally got off his duff and issued his report on the harassment situation in the Miami Dolphins locker room. [Deadspin]

* ♫Rubber Duckie, you’re the one, you make state legislative sessions drafting complicated statutes allowing gambling on racing you so much fun!♫ [Lowering the Bar]

* From the “dick moves” file, this guy put up a Craigslist ad pimping out his neighbor without her knowledge or consent. From the f**king idiot files, this guy had no idea how easy it would be for the authorities to track him down. [IT-Lex]

* Is the aggressive lateral partner recruitment strategy bringing results? [Adam Smith, Esq.]

* There’s pretty much nothing OK with the new gay segregation law in Kansas. [Lawyers, Guns & Money]

* The Virginia decision legalizing gay marriage made one slight misstatement. “Our Constitution declares that ‘all men’ are created equal.” Really? Does it now? [Josh Blackman's Blog; WSJ Law Blog]

* Intelligence Squared held a debate last night between Pentagon Papers whistleblower Daniel Ellsberg and the ACLU’s Ben Wizner against former prosecutor (not Weekend at Bernie’s star) Andrew McCarthy and former CIA Director R. James Woolsey on the question: Snowden Was Justified. The video is embedded after the jump…. [Intelligence Squared]

double red triangle arrows Continue reading “Non-Sequiturs: 02.14.14″

It’s time for the State of the Union again, which means it’s time to gather around the TV and thoughtfully discuss the future of the country play a sophomoric game based on the events that we expect to unfold over the course of the evening.

Remember to follow your Above the Law editors covering the speech via Twitter. See @ATLblog@DavidLat@ElieNYC@StaciZaretsky, and @JosephPatrice.

Now, on to the game….

double red triangle arrows Continue reading “BINGO! Getting Drunk During the State of the Union”

In too many ways, 2013 was a year that vindicated the long-standing paranoia of many Americans, particularly the more conservative. A bewildering number of stories littered the news that seemed to confirm exactly the sort of gross government overreach that previously sounded like a delusion of someone whose eyes were scanning the skies for black helicopters. In spring 2013, for example, we learned that the IRS had been targeting the 501(c)(3) applications of conservative and libertarian organizations, apparently based solely on their political and philosophical affiliations. Nothing in 2013, though, fanned the flames of political paranoia quite like revelations of the National Security Agency’s mass surveillance programs.

In Clapper v. Amnesty International USA, decided in February, the U.S. Supreme Court dismissed Amnesty International’s constitutional challenge to a portion of the FISA Amendments Act of 2008. In its 5-4 opinion, the Court found that Amnesty lacked Article III standing, in part because the plaintiffs could not show that they had necessarily been targeted for surveillance. When Edward Snowden later disclosed details of the NSA’s PRISM surveillance program, civil libertarians experienced something of a Pyrrhic victory. Standing would not be a problem in many future lawsuits because the revelation of PRISM established that millions of Americans had been subject to some NSA spying. The only question was whether that surveillance amounted to a violation of the law.

As we leave 2013 and 2014 dawns, some new developments have emerged . . . .

double red triangle arrows Continue reading “NSA Surveillance In 2013: The Year Of Vindicated Political Paranoia”

Edward Snowden

* Now that a federal judge has ruled against the NSA’s domestic spying program, maybe government prosecutors will cut Edward Snowden some slack — or maybe haha, yeah right. [WSJ Law Blog]

* On that note, the ACLU is appealing the other federal ruling that says the agency’s activities are constitutional. The NSA will let you know what the Second Circuit’s decision is this spring. [Guardian]

* Alas, Judge Shira Scheindlin knew from the get-go that her stop-and-frisk ruling would be contested, and she even warned the lawyers involved that they ought to consider a jury. [New York Times]

* “How do you say, ‘I’m married, but not really? I’m divorced, but not really?’” Thanks to Utah’s same-sex marriage ruling, unhappy gay couples who married in other states are rejoicing over the fact that they can finally get divorced. [Deseret News]

* Facebook, a social network that constantly changes its privacy settings to make your life less private, is being sued over its alleged interception and sharing of messages with advertisers. Shocking. [Bloomberg]

* It goes without saying that Sergio Garcia is having a happy new year. The California Supreme Court ruled that the undocumented immigrant will be able to legally practice law in the state. ¡Felicitaciones! [CNN]

Edward Snowden

* People have “greatly underestimated how powerful a jurist Justice Sotomayor would be,” and now that one of her concurrences flies directly in the face of Obama’s NSA tactics, we’ll get to see how powerful she really is. [MSNBC]

* Here’s a fun end-of-the-year roundup: President Obama’s Top 10 Constitutional Violations of 2013. Fifty internet points shall be awarded to the first person who correctly guesses how many are related to Obamacare without looking. [Forbes]

* Following Judge Shira Scheindlin’s stop-and-frisk spanking, the Southern District of New York changed its rules on case assignments in order to increase transparency. Related-case judge-shopping just got a whole lot harder. [New York Times]

* Wiley Rein is defending its fee request in the Voting Rights Act case, and says the Department of Justice is “[tying] itself in knots” trying to find a way to get out of paying the piper. Harsh. [Blog of Legal Times]

* These are four ways you can overcome a low GPA when applying to law school, but really, the best way to overcome a low GPA is to not apply at all. [Law Admissions Lowdown / U.S. News & World Report]

* “I am not trying to bring down the NSA, I am working to improve the NSA.” Now that he’s unleashed all of America’s deep dark secrets, Edward Snowden just wants to Google like a regular guy. [Washington Post]

Public opinion is polarized regarding the mega-leakers Chelsea Manning and Edward Snowden. One common view holds them to be heroic patriots. To others, they’re simply traitors. Prominent whistleblower attorney John Howley asks us to consider the possibility that they can be both at once.

Last week, ATL—along with our friends at Lawline—hosted a fascinating (seriously) and timely CLE course, Whistleblowers, Traitors and the Rule of Law. Howley walked the attendees through the various laws governing whistleblowers, treason, and espionage. He also gave an overview of the most important whistleblower and treason cases, as well as explored the thorny legal and ethical implications for lawyers involved in such cases.

The course was as much a history lesson as a legal one. The role of whistleblower plays an integral part of our national history. In fact, the first American whistleblower law predates the country’s founding. In 1777, sailors accused the commander of the Continental Navy, Commodore Esek Hopkins, of torturing captured British sailors, and petitioned the Continental Congress to remove him. Hopkins sued for criminal libel, and Congress — by unanimous vote — agreed to defend the sailors in the suit. Congress also passed a law requiring all military members to inform Congress of “misconduct, frauds or misdemeanors committed by any officers in the service of these states.”

Many of the most important heroes in American history were, technically, traitors, including the Founding Fathers. And knowingly so. As Benjamin Franklin quipped, “We must hang together or we will hang separately.”

double red triangle arrows Continue reading “Whistleblowers And Treasonous Heroes”

Next Wednesday, September 18 at 7 p.m., ATL is hosting a free cocktail reception in New York. Our topic will be the tension between laws that encourage individuals to blow the whistle on government wrongdoing and laws that impose the harshest penalties for disclosing secrets. Whether one considers mega-leakers Bradley Manning and Edward Snowden to be heroes or traitors, the legal implications of their cases are undeniably fascinating.

Our special guest will be criminal defense and whistleblower attorney John Howley, who will discuss how the law has been applied in controversial cases from Daniel Ellsberg to Snowden and Manning. Gain an appreciation for the complex ethical issues lawyers face when advising and representing whistleblowers and alleged traitors.

Please join us on September 18 by RSVPing for the reception below:

In addition, ATL is partnering with our friends at Lawline to bring you a fascinating CLE program concerning the recent leaks of U.S. government data. The CLE program will also take place on the 18th, from 5:30 to 7:10 p.m. Register for the CLE here.

The event is sponsored by our friends at Access Data with support from Lateral Link and Learnvest.

There is a tension between laws that encourage individuals to blow the whistle on government wrongdoing and laws that impose the harshest civil and criminal penalties for disclosing secrets. Whether one considers mega-leakers Bradley Manning and Edward Snowden to be heroes or traitors, the legal implications of their cases are undeniably fascinating.

On September 18 at 7 p.m., ATL is hosting a free networking cocktail reception in New York, where we’ll discuss the recent leaks of U.S. government data. Our special guest will be criminal defense and whistleblower attorney John Howley, who will examine how the law has been applied in controversial cases from Daniel Ellsberg to Snowden and Manning. Gain an appreciation for the complex ethical issues lawyers face when advising and representing whistleblowers and alleged traitors.

Please join us on September 18 by RSVPing for the reception below (and/or the pre-reception CLE course that starts at 5:30 p.m.):

The event is sponsored by our friends at Access Data with support from Lateral Link and Learnvest.

There is a tension between laws that encourage individuals to blow the whistle on government wrongdoing and laws that impose the harshest civil and criminal penalties for disclosing secrets. Whether one considers mega-leakers Bradley Manning and Edward Snowden to be heroes or traitors, the legal implications of their cases are undeniably fascinating.

On September 18 at 7 p.m., ATL is hosting a free networking cocktail reception in New York, where we’ll discuss the recent leaks of U.S. government data. Our special guest will be criminal defense and whistleblower attorney John Howley, who will examine how the law has been applied in controversial cases from Daniel Ellsberg to Snowden and Manning. Gain an appreciation for the complex ethical issues lawyers face when advising and representing whistleblowers and alleged traitors.

Please join us on September 18 by RSVPing for the reception below (and/or the pre-reception CLE course that starts at 5:30 p.m.):

The event is sponsored by our friends at Access Data with support from Lateral Link and Learnvest.

Page 1 of 3123