Former Department of Justice officials are “stunned” at what they are seeing today. Pres. Trump openly urged AG Pam Bondi to indict two of his political opponents. The US Attorney for the Eastern District of Virginia resigned under pressure to cook up some basis for indicting James Coney. Other Federal prosecutors in Maryland, Georgia and
I have practiced law for some 30 years and never heard the term “shadow docket.” But, it has now become a very large deal in 2025. Erwin Chemerinsky, Dean of Berkeley Law School, wrote a piece in the ABA Bar Journal explaining this revolution in Supreme Court practice. The shadow docket has become paramount. The
The American Bar Association has filed suit against the Federal government over Pres. Trump’s Executive Orders targeting big law firms. The suit accuses Pres.Ttrump of coercing law firms into forgoing certain types of legal work, and to abandon some clients, causes and policy positions. The suit was filed against the President and over two dozen
It is just totally weird that the Trump administration is targeting major law firms. I wrote about that odd new practice here. Pres. Trump has now targeted a handful of law firms. Two of those firms, Perkins Coie and Wilmer Cutler Pickering Hale and Dorr, have filed lawsuits seeking protection from these strange Executive
It is a strange world indeed in which we find ourselves. The Department of Justice, once the exemplar for competence and professionalism, now hires lawyers to political posts who do not respect the courts. At a recent hearing before Judge Paula Xinis regarding Kilmar Abrego Garcia, the DOJ attorney sat while speaking to the Judge.
In an April 7 per curiam decision, the U.S. Supreme Court said detainees seeking to challenge their detention under the 1798 Alien Enemies Act must submit a petition for habeas corpus in the jurisdiction in which they are being held. That decision essentially overturns Judge Boasberg’s ruling that the proper venue was Washington, D.C, where
Lawyers owe a duty of candor to the court. That means they cannot lie. Lawyers may not always tell the whole truth, but they cannot lie to a Judge. Even if that was not an ethical requirement, it is a practical requirement. Lawyering is one of the places where its participants must rely on the
The Trump legal world is simply bizarro. Judge Boasberg has asked for more definitive information regarding when immigration flights took off from Harlingen, Texas airport on March 15. The question is critical to whether the Trump administration deliberately violated Judge Boasberg’s orders. Judge Boasberg’s request came after a hearing on March 17 in which DOJ
There are few things a lawyer can say in court more offensive than “your verbal orders” do not matter. Yet, that is essentially what a DOJ lawyer, Abhishek Kambli, told Judge Boasberg in court. On Saturday, two or more planes left the U.S. with alleged Venezuelan refugees. The planes left about 5:30 p.m. just as
I first wrote about attacks on judges in 2011 and 2012. Newt Gingrich, the former Speaker of the U.S. House, even joined in on attacks on Judge Fred Biery in San Antonio. That was in 2011 and 2012. See those posts here. Those attacks have continued. Candidate and later Pres. Trump has now raised attacks