Justice Brett Kavanaugh

September 3, 2018

Justice Judge Brett Kavanaugh

justice brett kavanaugh

Brett Kavanaugh

Brett Kavanaugh

The Senate Judiciary Committee begins its hearings on the Supreme Court nomination of Justice Judge Brett Kavanaugh on Tuesday, September 4. Here’s the schedule, not that anything about the process will affect the outcome.

Judge Kavanaugh sits presently on the United States Court of Appeals for the District of Columbia Circuit. He has served on that court for a dozen years. Prior to his appointment he did the private / public shuffle, working for Ken Starr on the Clinton Whitewater (Lewinski) case, the Bush II White House, and for Kirkland & Ellis.

Judge Kavanaugh meets the legal requirements for service on the Supreme Court. He’s a sentient being, and

Continue reading...

TrumpLand Circa August 21, 2018

August 22, 2018

TrumpLand Circa August 21, 2018

trumpland

President Donald Trump

Update

Dan Balz wrote After two convictions, pressure mounts on Trump for the Washington Post on August 21. Dan—I’ve had the pleasure of his company, briefly, a couple of times—knows President-stuff as well as anyone today, and he writes beautifully, too. Best line in the piece? “This was a day when truth overran tweets, when facts overwhelmed bald assertions.” (Recall that almost 72 hours ago Rudy Giuliani treated us to “truth isn’t truth.”)

Manafort

To update those who don’t know the facts the Paul Manafort jury convicted Mr. Manafort on eight felony counts. The jury hung—no unanimity—on 10 other counts but: (a) presumptive sentences on the eight counts have

Continue reading...

Border Fiasco and More

June 16, 2018

Border Fiasco and More

border fiasco

President Donald Trump

History matters. Beginning in the late 1930s, German and Eastern European Jews sought refuge in the United States. They were trying to avoid a killing machine. Today, Central American women and children—and men, too—show up on our southern border, running from violent gangs which, with none of the Nazi structure, leave their victims just as dead.

The U.S. government said no to the Jews, mostly. That those in power came from the left side of the political divide insulates them not at all for me. That geo-political issues explain the decision provides more cover for the Roosevelt Administration but, as with the internment of Japanese-Americans, history does not honor the path our government

Continue reading...

Pardon Me, say Famous People

June 1, 2018

Pardon Me, say Famous People

pardon

What a Pair!

The Pardons

President Donald J. Trump has exercised the pardon powers vested in him by Article Two, Section 2 of the U.S. Constitution four times. And the recipients of his munificence? Joseph Arpaio, I. Lewis Libby, John A. Johnson aka Jack Johnson, and Kristian Mark Saucier. And the paperwork which evidences these full and unconditional pardons? Right here, from the U.S. Department of Justice website.

In addition to the four recipients, recent reporting informs us that Dinesh D’Souza has been pardoned, and that Rob Blagojevich and Martha Stewart might be. So, seven maybe.

The Editorial Board of the New York Times—oh, excuse me, the Failing Times, with

Continue reading...

Attorneys Addicted to Attention

April 25, 2018

Attorneys Addicted to Attention

attorneys

Mark Rubin

Attorneys—some, anyway—live in heady times. I follow some blogs and nearly every story touches matters legal. Unfortunately, in too many instances I find myself embarrassed and ashamed of too many fellow attorneys.

Before I go forth, let me clarify what I mean by attention. I’m not focused on attorneys doing good deeds. Writing principled, illuminating articles. Representing their clients well. The attention which bothers me involves television interviews. Press releases. And, yes, sometimes even statements made during book tours.

I’ve written lately—and often—about client confidentiality. Fundamentally, confidentiality and attention—as I have defined it—mesh poorly. We’re supposed to do our jobs quietly and, when we speak, we should be trying to illuminate, and we ought

Continue reading...

Search Warrants, Confidentiality, and More

April 15, 2018

Search Warrants, Confidentiality, and More

That Client

That Client

In Donald J. Trump, Goner I promised some “basic facts about attorney-client privilege and attorney confidentiality issues.”* The promise grew out of the extraordinary search warrants directed to premises controlled by Michael Cohen, an attorney who does work for President Donald J. Trump.

Extraordinary search warrants? Yes. Mr. Cohen does have a license to practice law, and the warrants relate broadly to that client of his I mentioned previously.

Judges issue search warrants. Routinely.** Judges reject warrant requests rarely and, only slightly more often, they will modify them. So, the fact that warrants issued does not, alone, make them extraordinary.

So, why extraordinary? Mr. Cohen’s law license, and that client I mentioned.

Continue reading...

Action by Anecdote

April 2, 2018

Action by Anecdote

anecdote action

Our Fearless Leader tweets … still! For a few days last week we enjoyed quietude, or what passes for calmness in Epochus Trumpus. (Dramatic? For sure, but we’re 437 days into the Trump Administration, and if you’re not feeling like it’s been an Age you’re not paying attention!)

Immigration

The Twitter blasts returned on Easter morning, with sound and fury signifying nothing. The subject? Immigration. DACA. Dumb immigration laws. Blah, Blah, blah! The prompt? Huge Immigrant Swarm Prompts Trump Tweets on DACA.*

OMG, a huge swarm. Traveling through Mexico as a caravan. How many people? 1000. Wait. What? More than 1000 people? OK. Whatever will we do about the swarm of more than 1000 people?

Continue reading...

Democracy in the Age of Ignorance

March 11, 2018

Democracy in the Age of Ignorance

democracy ignorance

Promise Keeper

President Donald Trump sells himself as a promise keeper. From 36,000 feet, one constant in his first year-plus as POTUS has been his “I’m keeping my promises” statements.

Much has been written about those promises, kept and broken. We’re passing on that here, except to note that while the record probably looks okay if we compare Mr. Trump to his predecessors, it sucks if we’re judging his presidency by his primary measure: keeping promises. (No one should measure promises quantitatively, for they’re not all equal.)

Does keeping promises matter? “Depends” should be the answer. And in the Age of Ignorance, depends should end up “no” almost always.

North Korea

Most recently—and impulsively

Continue reading...

Guns: Observations From the Front Lines

March 2, 2018

Guns: Observations From the Front Lines

gun front

Mark Rubin

Warner Wolf did sports for many years. He’s famous for Let’s Go to the Videotape, and this link shamelessly helps Mr. Wolf sell his book. The guy has sued Don Imus, which explains my interest in helping him.

Anyway, here’s my videotape. Stretch yourselves, non-clickers! Watch A. Bunker, of 704 Hauser St. in Queens, and a veteran of the Big War. In reverse he channels D. Trump, of 85-15 Wareham St., in Queens, who avoided service in Vietnam because of bone spurs. Norman Lear created Archie Bunker. And our Momzer-in-Chief? Candidates include Fred Trump, Roy Cohn, and sub-human matter I can’t mention in mixed company.

Oh,

Continue reading...

Days of Awe / Personal Reflections

October 1, 2017

Days of Awe / Personal Reflections

markrubin

Mark Rubin

The Days of Awe aka High Holy Days—the days which encompass Rosh Hashanah and Yom Kippur—ended at sundown on September 30. Ten days, for reflection and repentance. Jews look back, of course, for reflecting and repenting demand that perspective, but our most important 10 days are very much about going forward.

Reflecting, in a blog, leaves me totally comfortable. Repenting? Not so much. No big confessions here!

During the last several days much has been on my mind. The sorting process leaves me focused on Luck* and Openness. (There’s also a trial in eight weeks, moving, PredictIt –my new cool distraction, etc.)

Luck and I know one another well. A better

Continue reading...