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Donald John Trump’s Really Bad Day

September 22, 2022

Donald John Trump’s Really Bad Day

Donald J. Trump

On September 21, 2022, New York Attorney General Letitia James filed a roughly 220-page lawsuit against Donald John Trump, his three older children, his company, and others. More on that in a moment.

The Search Warrant Matter

Later in the day a three-judge panel of the 11th Circuit Court of Appeals – which included two Trump appointees – issued an unpublished opinion that stayed the trial court order preventing the United States from using classified documents taken by the FBI when it executed the search warrant on Mar-a-Lago. Judge Aileen Cannon was wrong, wrong, wrong.

The opinion lets Judge Cannon know, politely, that judges do not make decisions to further the

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Mark Rubin: Problem Solver / Attorney / Fiduciary

September 14, 2022

Mark Rubin

Mark Rubin: Problem Solver / Lawyer / Fiduciary

Mark Rubin

I’m 65 – and a day (as I have finished editing, having forgotten about this piece) – and I’ve been a lawyer for just about 41 years. People ask me what I do, regularly. They’re often other lawyers or legal services consumers. Usually, they’re looking for a cubbyhole. (Employment lawyer. ERISA expert. Estate planner. Etc.) Almost always, I fail them, for I do too many things. (Many years ago I talked with a large Phoenix firm about employment. After a wasted day the very rude managing partner said “We’re not interested. You don’t fit in anywhere.”)

Problem Solver

Tired of failing people, 60+ years old, and having spent 62.93% of

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My Dinners With Irwin

September 8, 2022

Mark Rubin

Rochelle Rubin, Irwin Sattinger, and Reille

My Dinners With Irwin

Irwin Sattinger died on September 5, 2022, two days after his 96^th birthday. Irwin was my stepdad in every way, but for the fact that he and Rochelle, my mom, never married. (I’m not messing with legalities or details here; for all purposes, he was my dad.)

My mom and Irwin lucked out. They found love and lived that love for many years. They understood, better than anyone I have ever known, how to accommodate one another. (Truth be told, Irwin knew how to attend to Rochelle and her flights of fancy. Best example? She sells her downtown San Diego condo within a year of her passing. Wants to

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Special Masters

September 2, 2022

Mark Rubin

Special Masters

Mark Rubin

Former Guy wants a new shiny object: a Special Master! A what?

Special Masters

Judges appoint special masters to assist them with some part of a case. Their role depends on the case but every special master acts subject to the limits of the order appointing them. Always, the judge makes final decisions.

Let’s start here: We are dealing with criminal proceedings, albeit at an early stage. Nothing in the Federal Rules of Criminal Procedure provides for appointing a special master. But, federal and state courts believe judges have inherent authority to appoint a special master.

The Federal Rules of Civil Procedure provide for appointing masters expressly in Rule 53. The rule provides for lots

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COVID Strikes

August 28, 2022

Mark Rubin

COVID Strikes

Mark Rubin

My COVID Stuff

My first positive COVID test appeared on Saturday, August 27, 2022. Roughly 30 months after we first learned about this rotten virus.

I traveled to Rochester NY on Tuesday to meet my new granddaughter, Estée Ora. First grandchild, by the way, and a lovely little girl who will be four weeks old on Monday morning. Call me smitten … and angry about my diagnosis.

My flight on Southwest Airlines arrived on time. No luggage issues. Unfortunately, most of the people on the plane did not see fit to wear masks. And, especially on the Phoenix to Chicago flight, the constant coughing and sneezing had me expecting a positive diagnosis. Obviously, I can prove

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The Fifth Amendment and Former Guy (Trump)

August 12, 2022

Mark Rubin

The Fifth Amendment and Former Guy (Trump)

Donald J. Trump

My oh my! Former Guy appeared for a deposition – testimony under oath – on August 10, 2022. He relied on the Fifth Amendment to the U.S. Constitution as a basis for providing no substantive responses.

The Fifth Amendment

The relevant language in the constitutional amendment states: “No person … shall be compelled in a criminal case to be a witness against himself … .” I don’t know what Former Guy said, in fact: Reporting suggests that he used the words “same answer” repeatedly. Generally, a witness who relies on the Fifth Amendment says, more or less, “I refuse to answer on the grounds that an answer may tend to

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Search Warrant at Mar-A-Lago

August 9, 2022

Mark Rubin

Search Warrant at Mar-A-Lago

Former Guy

The Federal Bureau of Investigation served a search warrant at Mar-a-Lago, Former Guy’s Palm Beach Palace, yesterday. Let the whining begin!

I expect that the FBI and those in charge at Main Justice obtained the search warrant because they believe Former Guy / others have committed serious crimes. This man deserves no more respect than anyone else when it comes to investigations of criminal conduct. That said, I am confident that the powers that be understand prosecutorial discretion. Yes, if evidence suggests a crime, authorities should investigate. However, reports of a roach in the White House would not and should not generate a criminal investigation of WH occupants for possession of marijuana.

Merrick Garland

Donald J. Trump, Former Guy, Mar-a-Lago, Merrick Garland

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On Reading and Grammar: Rebel with a Clause

July 25, 2022

Mark Rubin

On Reading and Grammar: Rebel with a Clause

book review

Mostly, I read on my Kindle. Book weight taxes me when I am traveling, when I am reading lying down, and when I am reading more than one book at a time. (By the way, I read less often than I used to, not nearly often enough, and I miss the written word!)

From time to time, though, I buy a hardcover book. Something I want to have, in a primal way. Or a cookbook. (The Kindle works well in the kitchen to follow an online recipe, but I don’t enjoy cookbooks on an E-reader.)

Recently, I heard the very end of a Scott Simon interview with a woman who’s written a

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The Activist U.S. Supreme Court

June 30, 2022

Mark Rubin

The Activist U.S. Supreme Court

Mark Rubin

The activist U.S. Supreme Court brought down the curtain on its shameful, disgraceful, truly mind-bendingly awful 2021-22 Term. Lots of bad, bad decisions: and many more that show a work-a-day Court that resolves complex disputes that get little attention.* Here are the highlights:

Guns

In New York Rifle & Pistol Association, Inc. v. Bruen, No. 20-843, the Supreme Court issued its 6-3 opinion, setting aside as unconstitutional a law in effect in New York for more than 100 years. It took the majority and three of its six Justices 77 pages to explain why that 100 year old law was unconstitutional.

The Second Amendment is an abomination as a drafted statement.

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Conservatorship Inventories and Accountings

June 30, 2022

Mark Rubin

Conservatorship Inventories and Accountings

Mark Rubin

Really? Really??? You want to tell us about conservatorship inventories and accountings. And you think anyone will read this piece?

Conservators for adult Protected Persons – different rules exist for certain minor conservatorships – must account for their actions. An accounting starts months beforehand, with an inventory. Arizona law requires inventories in all conservatorships. The Conservator must file certain forms with the court. The Conservator must identify assets “with reasonable detail and indicat[e] the fair market value of each asset as of the date of appointment.”

The relationship between the accounting and the inventory? Here’s a simple example: I am a Conservator. I am accounting from September 15, 2021 through May 31, 2022.

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