The Second Circuit met en banc (or in banc?) for the first time in a little over two years and handed down a sharply divided 9-6 opinion with potentially major ramifications for the criminal justice system.
In the crosshairs in yesterday’s decision was the sanctity of one of a modern prosecutors most cherished tools of brow-beating serving justice: the guilty plea.
The Second Circuit is leading the way in restoring a little bit of justice to the criminal justice system…
Lawyers may not lead the most luxurious of lifestyles, but if you’re single and looking, it’s still a profession that will make prospective dates ooh and aah. Most people in the average dating pool think being a lawyer is a road to riches, thus making these eligible bachelors even more appealing.
One non-profit organization decided to take advantage of this allure, and is holding a man auction the week before Valentine’s Day. The event will feature about 50 professional men, and 10 of them are lawyers — very handsome lawyers. The bidding opens at $75, and we bet that some of these lucky gents will be sold for well beyond their hourly billing fees.
So who is the most prestigious piece of lawyerly man meat?
I almost got fired by Chris Christie. Almost, but not quite.
From June 2004 until November 2005, while working for then-U.S. Attorney Christie in my home state of New Jersey, I maintained a deliciously dishy blog about federal judges called Underneath Their Robes, offering “news, gossip, and colorful commentary about the federal judiciary.” Because I realized that appearing before judges by day and gossiping about them by night could be problematic, I wrote under a pseudonym, pretending to be a woman and calling myself Article III Groupie aka A3G.
In November 2005 — for reasons that I won’t go into here, but that I’m happy to explain at speaking engagements — I revealed myself as A3G in a New Yorker interview with Jeffrey Toobin. The news that one of his prosecutors was writing an irreverent blog about federal judges, including some judges his office appeared before, caused much aggravation for Chris Christie.
The New Yorker piece appeared on a Monday. A few days later, on Friday — after the scandal had made the pages of the New York Times, the Washington Post, and even the Drudge Report — I got called up to the big man’s office on the seventh floor of 970 Broad Street….
Unless you’re living under a rock or stuck in traffic on the George Washington Bridge, you know that N.J. Governor Chris Christie spent yesterday digging himself out of the Fort Lee traffic scandal in the most Jersey of manner — by placing a proverbial bullet in the back of the neck of one of his most trusted allies Tony Soprano-style. He even invited the media over to the Bada-Bing for a couple of hours after he did it.
Deputy Chief of Staff Bridget Kelly took the rap for closing lanes on the GWB and creating a traffic snarl for Fort Lee residents after a smoking gun email emerged where the staffer seemingly ordered David Wildstein, himself a once highly-paid Christie staffer who resigned last month, to stop up the bridge to make life miserable for Fort Lee. The mayor of the town — a Democrat — had failed to fall in line and endorse the Republican Christie in his re-election campaign, and Kelly’s email outlined the chosen means of retaliation. It seems dumb, but people may have died over this issue.
Liberal columnists are calling Christie basically an overfed Pol Pot and conservatives are comparing this — because they cherish beating their dead one-trick pony — to Benghazi.
But whether Christie was directly involved in this scandal or not — and so far the digital paper trail seems to begin with his mild-mannered aide showing uncharacteristic initiative and ends with a high school crony whom Christie put in charge of the bridge — this scandal falls somewhere between unsurprising and utterly inevitable.
Christie is a former prosecutor, serving as a U.S. Attorney from 2002 until 2008. The modern prosecutor is armed with the luxury to exact petty, brutal revenge on any and all who cross him or her, and this is the mentality that Christie brought into the Governor’s Mansion. Indeed, he made this mentality his political calling card.
* Let’s hit some lingering holiday stories that came in after we went off the air on Tuesday. Think of it as your Christmas hangover. First up, ‘Twas the Night Before Christmas, reimagined as a lesson on pregnancy discrimination. [Bolek Besser Glesius]
* Well, that’s one thing you can do with law reporters in the age of Westlaw and Lexis. [Legal Cheek]
* Isn’t it really nice of prosecutors when they actually try to fulfill their constitutional obligations? [Katz Justice]
* A life lesson for these thieves: there’s no such thing as a Christmas tree that doesn’t shed. [Legal Juice]
* The lawyers supposedly told NFL players they would not be taking any of the concussion settlement money. There’s a lesson to be had here about how you shouldn’t trust lawyers. [Overlawyered]
* Professor Nancy Leong went on Ashley Madison with a “white” profile and an “Asian” profile. The Asian profile got more hits. Is this interesting? Sure. Is this the sort of academic work worth charging law students $180K to support? Not so much. [Lawyers, Guns & Money]
Some of you are working feverishly right now. But most of you are clock-watching until the dictates of face time allow you to get out of the office. With Christmas and New Year’s falling awkwardly on Wednesdays, very little work is getting done next week or the week after. For some lucky lawyers, this is your last day of work for a week or even two.
To help you waste what’s left of the day, especially for those of you not on Eastern Standard Time, here’s a collection of funny tidbits from around the legal world.
Oh, and Professor Brian Leiter decided to rip Above the Law, so we’re going to talk about that…
Remember the 80s? Big hair, Dynasty, Huey Lewis was popular for some reason. Well, Judge Jed Rakoff remembers the 80s, and he also remembers the way the federal government used to actually investigate and prosecute people who committed massive financial crimes — Mike Milken, Ivan Boesky, Charles Keating, a bevy of other savings and loans kingpins. Good times.
And Judge Rakoff wants to know what happened to prosecuting financial crimes, specifically the sort of fraud that crippled the economy. So he took to the pages of the New York Review of Books to ponder all the financial prosecutions that could have been. And he has some theories about what happened and how prosecutors could do a better job in the future.
It’s a fascinating look at a bunch of ideas that the government is going to totally ignore…
An en banc panel of the Ninth Circuit dropped one-liners, harsh mockery, and severe realkeeping for a little over an hour, and it’s entirely watchable because it’s so damn funny.
A federal prosecutor in California inserted a “fact” into his rebuttal that wasn’t in the record.
Overzealous prosecutor lies to get a conviction? To channel Ralph Wiggum, “that’s unpossible.” Now I can take off my old defense lawyer hat.
After the trial judge responded to these charges by shrugging his shoulders, the case wound its way to an en banc hearing of the Ninth Circuit, where a bevy of judges (including Chief Judge Alex Kozinski) rips into the government for sandbagging the defense out of a fair trial.
[L]et’s try to help the person, she obviously had a bad night, and we don’t need to continue to hurt her dignity about this issue. So let the court do what the court’s supposed to do, and please, we don’t need to have theatrics around this issue.
– Alderman Tom Tunney of Chicago’s 44th Ward, in a voicemail message left for the owner of an adult sex shop about assistant state’s attorney Sarah Naughton, the “apparently intoxicated” prosecutrix who allegedly bit the leg of one of the porn purveyor’s employees, while the scandalous case was still pending.
In June 2011, we brought you the story of Reema Bajaj, a lovely young lawyer in Illinois who was accused of prostitution. I expressed a belief in her innocence, although my faith was somewhat shaken by the nude photos of her that circulated on the web. And then, in June 2012, Bajaj pleaded guilty to one misdemeanor charge of prostitution.
After covering her guilty plea, we thought we had seen the last of her. As I wrote, “The post you’re now reading could very well represent the final story we write about Reema Bajaj…. We will miss writing about this colorful young woman, but we wish her the best in getting on with her life and her law practice.”
I spoke too soon. Now Bajaj is back — with a vengeance….
Note the UPDATE at the end of this post, based on comments from Bajaj’s counsel.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.