Say Anything

October 18, 2018

The Say Anything World

say anything

Mark Rubin

Many years ago, I tried a lot line dispute. Soon before the trial I asked my clients a question. The answer, unfortunately, contradicted everything important they’d already told me. “So what,” they said, “everyone else is lying too.” Not, actually! Unfortunately, I paid for their dishonesty by forcing a settlement which resulted in their not paying me. They got a much better outcome than they deserved. Me? Not so much.

Recent stuff brought my old case bubbling up for me. Jamal Khashoggi, specifically. And more.

The evidence suggests very, very strongly that Mr. Khashoggi died on October 2, 2018 in the Saudi Consulate in Istanbul. (You could describe what happened, with the

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Kavanaugh: Final Thoughts!

October 6, 2018

Kavanaugh: Final Thoughts!

Kavanaugh

Justice Brett Kavanaugh

It’s over! Thirty-three days ago, I wrote Justice Brett Kavanaugh. Lots of noise since then, but we now have a full complement on the Court, including Justice Brett Kavanaugh.

Party Rules

Voting matters, majorities matter, and politicians vote party first. Only Senators Joe Manchin (D – W. Va.) and Lisa Murkowski (R – Alaska) crossed on the Kavanaugh vote, and both did so for seemingly different reasons.

Senator Manchin represents the most pro-Trump state and he’s running for re-election. As for Senator Murkowski, she runs again in 2022. Alaska likes Rs, but it likes Murkowskis too. Senator Murkowski’s father Frank served as Senator and Governor. The current Senator Murkowski won re-election

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Still More on L’affaire Kavanaugh

September 29, 2018

Still More on L’affaire Kavanaugh

Kavanaugh

Brett Kavanaugh

From There to Thursday / Friday

President Donald Trump and 11 angry white men who comprise the majority of the Senate Judiciary Committee. What a crew!

They got their guy right up to the finish line by mid-day on September 28, after an 80-day span from nomination to committee vote. Then, they sounded like stuck pigs because the Ds had the temerity to be unhappy after they got their one-day hearing. You’d have thought the Ds destroyed the confirmation process as we know it, to listen to Senator Lindsey Graham (R – S.C.) (No, we never liked him, even though he hung around with Senator John McCain (R – Ariz.), who we liked

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The Kavanaugh Affair, Again

September 27, 2018

The Kavanaugh Affair, Again

Mr. Goody Two-Shoes

Brett Kavanaugh

The Testimony

Well, that happened. Ugly, but at least I won’t read any more comments about how the *** won’t even show. (Right Winger foul language about women leaves me cold.) She showed up. She spoke. And for no personal or political gain.

As my day played out, I heard more from Brett Kavanaugh. No one should vote for this man to serve on any court, based on his performance. Sure, he was under pressure and felt attacked. Still, he—a sitting judge on the United States Court of Appeals for the District of Columbia—sounded and acted like a thug. He interrupted senators. He offered snarky responses. Rude and surly.

Of course, President Donald Trump

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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

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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

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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

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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

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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

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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.

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