Law Archives - Mark Rubin

Trump’s Trial

October 5, 2023

Trump’s Trial

Donald J. Trump

I hope I can shed some light on legal aspects of Former Guy’s trial in New York, now in its fourth day. We’ll do this Q and A style, and I welcome any additional questions.

Q If the loans got paid in full, why are we here?

A New York has a statute – known as 63-12 – which gives its Attorney General authority to seek an order enjoining the continuation of business activities, etc. whenever someone engages in “repeated fraudulent or illegal acts or otherwise demonstrate persistent fraud or illegality in the carrying on, conducting or transaction of business.” The statute vests significant power in the AG and the court to which she applies

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Dysfunctional Democracy

July 1, 2023

Mark Rubin

Dysfunctional Democracy

Mark Rubin

Our system broke down, somewhere along the way. I see a Nixon / Goldwater to Reagan to Trump lineage. I know Trump-a-phobes who see Trump as a one-off (and think the other Rs I mentioned served us well), and a significant minority of us think we need Trump to solve our problems.

Without doubt, our divisions weaken us. However, at the end of the day, we have an 18^th century system for a 21^st century world. A dysfunctional democracy, so to speak.

Many among us venerate the states, yet we expect our federal government to solve our problems. We like the notion of elected representatives to reign in POTUS, but we hold him or

Law, The Rest of Everything

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The U.S. Supreme Court and Ethics

June 22, 2023

Mark Rubin

The U.S. Supreme Court and Ethics

U.S. Supreme Court

The Ethics Watch: Update

Here’s the latest on the ethics front. Justice Samuel Alito took a trip with a billionaire to go fishing in Alaska. No disclosures. Then, he ruled on a case that involved one of the billionaire’s entities, and claims he lacked knowledge about the connection.

Why I’m Writing

I write because, a few months ago, Justice Alito told the Wall Street Journal he thought lawyers should defend the Court, in the face of criticism about the justices’ ethics. I found the comment amusing for its suggestion that nine justices need the legal profession to validate their acts.

Now, with the speaker’s acts, it’s time to speak up. As

Justice Clarence Thomas, Justice Samuel Alito, Paul Singer, U.S. Supreme Court

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U.S.A v. Trump

June 9, 2023

Mark Rubin

U.S.A v. Trump

Donald J. Trump

A grand jury indicted Donald John Trump in the United States District Court for the Southern District of Florida. Let’s be clear about several thing, straightaway:

Everyone is presumptively innocent until a jury renders a guilty verdict.
The indictment and the evidence have not been shared by the government.
No one – in my humble opinion – should take pleasure about the fact of this indictment, but Mr. Trump created this situation completely. The indictment does not make our nation a banana republic. Bad acts deserve appropriate consequences!

People get prosecuted for taking classified documents. Former CIA Director and General David Petraeus. (Probation for 2 years and a $100,000 fine.) Sandy Berger,

Donald J. Trump

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Disney Defeats DeSantis

April 2, 2023

Mark Rubin

Disney Defeats DeSantis

Governor Ron DeSantis

Mickey Mouse and his Spouse

Gov. Ron DeSantis (R – Fla.) plays down his background, which includes a law degree from Harvard Law School. (He plays a redneck in real life!) Maybe that explains the governor and wanna be POTUS’s big-time fail on the matter of The Walt Disney Company and the Reedy Creek Improvement District.

Some history. By the mid-1960s, Disney owned land in Florida. More than 40 square miles in and around Orlando. Wanting control over its destiny, Disney got the Florida legislature to pass the Reedy Creek Improvement District. Disney got the control it required, along with a money machine. Florida took its cut, and Orlando – or, as an old

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Bye-bye Matthew Scarber

March 16, 2023

Mark Rubin

Bye-bye Matthew Scarber

Matthew Scarber

Matthew Scarber has left Rubin & Bernstein PLLC. People come and go in workplaces, but Matt’s departure deserves a few words.

Rubin & Bernstein exists because of Matt. The story was present on our website for years, but it’s worth sharing here:

Mark: Leigh stepped up, when an old friend who taught at the KU law school asked her to look out for a student from Tucson. She did, for there’s no one who needs a little help who Leigh won’t step up for.

Leigh: Mark took on a case in the fall of 2017 and needed help. Lawyers – those with firms and malpractice insurance, etc. – said no thanks, for time

matthew scarber, Rubin & Bernstein PLLC

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The Corporate Transparency Act: Be Afraid. Be Very Afraid.

January 17, 2023

Mark Rubin

The Corporate Transparency Act: Be Afraid. Be Very Afraid.

Mark Rubin

The Corporate Transparency Act

Congress passed the Corporate Transparency Act (CTA) as part of the National Defense Authorization Act on January 2, 2021. It did so by overriding President Donald Trump’s veto. (Maybe it offered another reason to want to tear down the house four days later.)

The CTA required action by a division of the Treasury Department – the Financial Crimes Enforcement Network for implementation. Its Final Rule – 99 pages of dense text – issued on September 30, 2022. The law takes effect as of January 1, 2024, but it gives entities in existence as of December 31, 2023 one year to report. Entities established on or

corporate transparency act, CTA, money laundering, reporting

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Who Decides Elections

December 6, 2022

Mark Rubin

Who Decides Elections

Mark Rubin

The U.S. Supreme Court hears oral arguments in Moore v. Harper, No. 21-1271, on Wednesday, December 7, 2022. To suggest that democracy in America depends on the outcome of this case does not overstate its importance. The notion that the likely outcome might render voters irrelevant in many jurisdictions ought to scare every reader, regardless of political leanings.

Moore v. Harper

The issue, as set forth at SCOTUSblog, is:

Whether a state’s judicial branch may nullify the regulations governing the ‘Manner of holding Elections for Senators and Representatives … prescribed … by the Legislature thereof,’ and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting

independent state legislature theory, moore v. harper, rucho v. common cause, U.S. Supreme Court

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Vote Like Your Life Depends On It!

November 7, 2022

Mark Rubin

Vote like your life depends on it!

Mark Rubin

Vote. Vote like your life depends on it. It matters greatly!

Crime

Be smart, too. Senators and Representatives have almost nothing to do with crime. (When we talk about crime, we mean property crimes and violent crimes?) Criminal laws exist at the state level, but for a limited number of crimes which the United States Code defines. Want to say something about crime? Elections for sheriff matter a bit, as do those elections for District or County Attorney. Truth be told, though, crime occurs for a slew of reasons that have nothing to do with elected officials at any level. Want to reduce crime? Improve economic conditions and support services

Law, The Rest of Everything

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Donald John Trump’s Really Bad Day

September 22, 2022

Mark Rubin

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

aileen cannon, Donald J. Trump

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