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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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?

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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

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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,

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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

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Get Over Yourselves About Impeachment

September 3, 2017

Get Over Yourselves About Impeachment

 

impeach

The New York Times reported, on September 1, that Mueller Has Early Draft of Trump Letter Giving Reasons for Firing Mueller. Political Wire linked to the story, with the headline Pence Linked to Decision to Fire Comey, and wrote: This is a pretty big deal.

No, it’s not! I’m sorry, but the people who focus on a legitimate basis for impeachment are so “decades ago.” But not even, for future President of the United States of America Gerald Ford said, on April 15, 1970, “an impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history.”

Impeachment won’t likely be in Donald

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Mr. Joe Arpaio, President Donald Trump, and the Pardon Power

August 14, 2017

Joe Arpaio, President Donald Trump, and the Pardon Power

arpaio trump

What a Pair!

Trump says he’s considering pardon for Joe Arpaio by Matt Zapotosky for the Washington Post gives you today’s disgraceful news.* And it’s our jumping off point!

I wrote Pardon! and No Egos at Mark Rubin Writes. Pardon? in June and July, respectively. When I wrote the pieces I really expected President Donald Trump would give his family his first high-profile pardons. No matter, for those pardons will surely follow. For now, the Arpaio pardon raises some interesting issues.

Sheriff Joe Arpaio was sued several years ago.** The suit involved racial profiling. Judge Murray Snow, a U.S. District Judge in Phoenix, held the sheriff and others in civil

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Cacophony of Crap: The Trump Decades

August 3, 2017

Cacophony of Crap: The Trump Decades

cacophony crap

Cacophony of Crap, Mess of Merde, Superadundance of  … well, you get the idea! The man has been in office for just about 194 days. Roughly 16.693 million seconds. I’m exhausted, and not shy about fessing up!

Remember when President Donald Trump fired James Comey, the Director of the Federal Bureau of Investigation. Within a day or so the president said, about the firing: “I faced great pressure because of Russia. That’s taken off.” We all screamed obstruction of justice. Remember? Wait. What? “Who’s James Comey?” Feels like eons ago!

There’s good stuff happening in the Time of Trump, for sure. Check on your retirement accounts. You’ll smile. For me, at

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Dirty Rotten Scoundrels, and the Promise

July 24, 2017

Dirty Rotten Scoundrels, and the Promise

Mr. President

Dirty Rotten Scoundrels came to mind a bit ago, as I contemplated yet another piece of high drama in the never ending “let’s mess with health care” drama.* Truth be told, I don’t know whether there’s any plot linkage between repeal and replace, and the twists and turns associated with the Big Con on the Riviera. (Not a movie I ever saw.) The title fits, and that’s more farce than this despicable disgrace deserves.

Republicans offer one primary justification for repeal and replace: the promise. Ladies and gents, have you ever made a promise, only to find out later that what you promised won’t work anymore? Or, reflecting, that you were wrong from the

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