attorney

The Trump Hole (Emergent)

#trumpswindle | #WhatTheyVotedFor

President Donald Trump's personal attorney Marc Kasowitz delivers a statement to the press in Washington, D.C., 8 June 2017. (Photo: Jim Watson/AFP)

The sitcom pace of benchmark headlines sometimes means the effort of retort requires falling behind the story. Or, you know, there is a professional class, and say what we will about that. More directly, Steve Benen makes a certain point about the life and times of the Trump administration:

Kasowitz’s plan to go after Comey by way of the Justice Department’s Inspector General’s office is itself more troubling than Comey’s actions. First, the IG’s office isn’t equipped to launch investigations into private citizens. And second, as Richard Painter, the top ethics lawyer in the Bush/Cheney administration, noted this morning, trying to get the Justice Department to target a material witness—in this case, the former director of the FBI—only adds to the concerns about Team Trump trying to obstruct justice.

(more…)

What They Voted For: That Most Special of Interests

#trumpswindle | #WhatTheyVotedFor

Donald Trump speaks to South Carolina voters in North Charleston, 19 February 2016. (Photo: Spencer Platt/Getty Images)

Who: Darren Samuelsohn (Politico)
What: “Trump’s kids to run businesses via ‘blind trust,’ Trump attorney says”
When: 10 November 2016

Politico offers the necessary context:

Donald Trump’s vast business holdings will be placed into a blind trust with his oldest three children in charge, according to the president-elect’s attorney.

Trump during his campaign faced questions about how he’d handle his business dealings and potential conflicts if he were to become president, saying repeatedly he’d separate himself from the company. And while his lawyer Thursday used the term “blind trust” when discussing the family’s upcoming financial arrangement, putting Trump’s children in charge of a set of assets that their father is aware of does not constitute a blind trust. Under the legal definition of a blind trust, a public official places his finances under the management of an independent party. The official would have no knowledge of what is in the trust or how it is managed. On CNN, Cohen conceded Trump would have a difficult time satisfying critics who continue to raise doubts about their plans.

(Samuelsohn; boldface accent added)

This is how Trump voters and supporters will work around the cognitive dissonance of cronyism and nepotism in their ostensibly anti-corruption, anti-cronyist, anti-Establishment, anti-institutional figurehead: Ego defense. Redefining terms like nepotism and cronyism in order to exclude what one desperately wishes to protect requires some manner of neurotic complex; there is no precise classification for cravenly making it up as you go, so denial and suppression cannot in themselves suffice, as it is not so straightforward. There is some pretense of intellectualization and rationalization, but scrambling to justify post hoc projection and displacement―while flailing into concomitant secondary denial about whatever prior sentiments and processes one is replacingα―is neither intellectual nor rational.

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An Important Question

Justice is blind ... just kidding. No, really, did you read the Sixth Circuit ruling? Jaded eyes, jaded eyes ....

My fellow Americans …

At age 3, most toddlers know how to play make-believe, turn the pages of a book, and spontaneously show affection for their friends. But can 3-year-olds possibly grasp the fundamentals of the American justice system and defend themselves in court?

Judge Jack Weil believes so. The Virginia-based judge is a key witness supporting the US government’s position that unaccompanied migrant youths don’t need attorneys in immigration court, while immigration advocates argue otherwise.

“I’ve taught immigration law literally to 3-year-olds and 4-year-olds. It takes a lot of time. It takes a lot of patience,” Judge Weil said. “They get it. It’s not the most efficient, but it can be done.”

(Chen)

… what the hell have we done?

____________________

Chen, Cathaleen. “Can toddlers defend themselves in immigration court? One judge says so.” The Christian Science Monitor. 6 March 2016.

Beyond Ridiculous

Rowan County Clerk Kim Davis is escorted from jail to a waiting crowd by Liberty Counsel founder Mat Staver (right) and other lawyers from the Falwell Ministry-affiliated legal firm, in Grayson, Kentucky, Tuesday, 8 September 2015, after U.S. District Judge David Bunning lifted his contempt order. Ms. Davis' husband, Joe Davis, follows at rear. (Image via CNN)

This is not exactly unexpected:

Rowan County Clerk Kim Davis walked out of a Kentucky detention center to massive applause Tuesday after spending five days behind bars for defying a federal order that she issue marriage licenses to same-sex couples. But her attorney said that Davis would continue to abide by her conscience, which cannot condone same-sex nuptials, and that all licenses issued since her incarceration were not valid.

The defiant stand seems likely to land Davis right back in jail, from where she emerged Tuesday afternoon alongside her attorney, Mat Staver, and former Arkansas Gov. Mike Huckabee, who was hosting a rally in her honor. Huckabee, a former Baptist pastor, told reporters outside the detention center he’d be willing to go to jail in her place should a federal judge find she’s violated the conditions of her release.

Bunning said in his order Tuesday that Davis “shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.” But Staver suggested such interference was likely.

“She cannot allow a license authorizing same-sex marriage to go under her authority or name,” Staver said in an interview with NBC News’ Gabe Gutierrez, ahead of Davis’ release. “That’s been her position from the beginning and that will be her position, I assume, on any subsequent occasion. She’s asking for a simple fix, a simple accommodation.”

“We’re back to square one,” he added. “She’s been released. But there has been no resolution.”

(Margolin)

Some questions for the office pool: Will it take days before Kim Davis lands herself in jail, or mere hours? How, exactly, can she interfere? Hide all the license forms in her safe? Cut the printer cables? Sabotage the network? Physically preclude her deputies from doing their jobs? Fire them for doing their jobs? No, really, how is this going to go?

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Another Obvious Question (House Divided Hot Mess Mix)

Kim Davis, the Rowan County Clerk of Courts, listens to Robbie Blankenship and Jesse Cruz as they speak with her at the County Clerks Office on September 2, 2015 in Morehead, Kentucky. (Photo: Ty Wright/Getty Images)

Let us start here:

Importantly, Davis is not claiming a substantial burden on her religious freedom or free speech rights if someone else authorizes and approves a SSM license devoid of her name.

(Mihet and Christman [Liberty Counsel], 28 August 2015; accents per source)

Follow the bouncing ball:

“The stay request offers several options such as removing Davis’s name from the marriage license, thus removing the personal nature of the authorization,” Staver pointed out. “Another accommodation would be to allow licenses to be issued by the chief executive of Rowan County or developing a statewide, online marriage license process,” Staver suggested. “There is absolutely no reason that this case has gone so far without reasonable people respecting and accommodating Kim Davis’s First Amendment rights,” Staver concluded.

(Liberty Counsel, 31 August 2015; boldface accent added)

And then came Friday:

Mathew Staver, founder of Liberty Counsel which represents Davis, said he believes Friday’s licenses are invalid because they were not issued with her approval. Davis’ name does not appear on the licenses.

“They are not worth the paper they are printed on,” Staver said, standing in front of the Grayson, Kentucky, detention center where Davis is being held. He added she had no intention of resigning as clerk.

(Bittenbender; boldface accent added)

Would any among Ms. Davis’ defenders care to attempt reconciling, or at least merely explaining that sleight? This much is true: We don’t expect Mr. Staver, nor his colleagues, Messrs. Christman and Himet, to do so. Indeed, we might wonder if they would find demands for such an explanation offensive to their religious freedom.

To be clear, because some need it so expressed:

If Kim Davis’ name was not on the marriage licenses, then the “personal nature of the authorization” would be removed. (Liberty Counsel, 28-31 August)

If the licenses were issued without Ms. Davis’ name on them, then they are “not worth the paper they are printed on” because Ms. Davis has not given authorization of a personal nature.

In the end, Mark Joseph Stern’s question of whether Kim Davis is “getting taken for a ride by her lawyers”, as the headline put it, asserts itself more insistently.

More and more, it’s beginning to look like the Liberty Counsel is taking Davis for a ride, using her doomed case to promote itself and its extremist principles. Davis has certainly humiliated and degraded the gay couples whom she turned away. But I wonder if, on some level, she isn’t a victim, too.

(Boldface accent added)

I mean, really.

This is a sick joke playing out before our eyes.

____________________

Image note: Kim Davis, the Rowan County Clerk of Courts, listens to Robbie Blankenship and Jesse Cruz as they speak with her at the County Clerks Office on September 2, 2015 in Morehead, Kentucky. (Photo: Ty Wright/Getty Images)

(Tip o’ the hat I don’t actually wear: JoeMyGod)

Mihet, Horatio G. and Jonathan D. Christman. “Emergency Application to Stay Preliminary Injunction Pending Appeal”. Davis v. Miller et al. Supreme Court of the United States. 28 August 2015.

Liberty Counsel. “Accommodations Would End Rowan County Dispute”. Press Release. 31 August 2015.

Bittenbender, Steve. “Kentucky clerk’s office ends ban on same-sex marriage licenses”. Reuters. 4 September 2015.

Stern, Mark Joseph. “Is Kentucky’s Infamous Anti-Gay Clerk Getting Taken for a Ride by Her Lawyers?”. Slate. 31 August 2015.

An Obvious Question (Mix A Mat)

Mat Staver of Liberty Counsel.

There comes a point when we really must revisit Mark Joseph Stern’s point last week for Slate:

More and more, it’s beginning to look like the Liberty Counsel is taking Davis for a ride, using her doomed case to promote itself and its extremist principles. Davis has certainly humiliated and degraded the gay couples whom she turned away. But I wonder if, on some level, she isn’t a victim, too.

Think of it this way: Mat Staver has been on an eleven year losing streak. Think about that for a moment; his old claim to fame is a Pledge of Allegiance case, but in the question of Christians having the right to decide who else gets rights, he has been exactly the loser he sounds like for over a decade. Something about track record goes here.

We might also recall, more recently, Mr. Staver’s pledge to defend marriage, which was rooted in the same assertion of religious supremacism and comparisons to historical victims we hear now. Of late, though, he has ratcheted up the hatred:

With Rowan County Clerk Kim Davis jailed for refusing to follow the orders of U.S. District Judge David Bunning, her deputies issued a marriage license to James Yates and William Smith on Friday. The couple had previously been denied five times.Liberty Counsel

However, Mathew Staver, founder of Liberty Counsel which represents Davis, said he believes Friday’s licenses are invalid because they were not issued with her approval. Davis’ name does not appear on the licenses.

“They are not worth the paper they are printed on,” Staver said, standing in front of the Grayson, Kentucky, detention center where Davis is being held. He added she had no intention of resigning as clerk.

(Bittenbender)

At this point, it seems a pretty straightforward question: Is Mr. Staver really so cruel and desperately determined to disrupt and denigrate other people’s marriages, or is he just that bad of a lawyer?

Sigh. Nothing says it can’t be both.

Think about it, though; not only does he assert that his client need not follow the law, now he claims she can prevent others from following the law.

This is what “family values” culture comes to?

____________________

Bittenbender, Steve. “Kentucky clerk’s office ends ban on same-sex marriage licenses”. Reuters. 4 September 2015.

Holland, Gina. “Court declines gay marriage case”. The Herald-Tribune. 29 November 2004.

Michelson, Noah. “Kim Davis’ Attorney Compares Her To Jews Living In Nazi Germany, Invokes Images Of Gas Chambers”. The Huffington Post. 5 September 2015.

Stern, Mark Joseph. “Is Kentucky’s Infamous Anti-Gay Clerk Getting Taken for a Ride by Her Lawyers?” Slate. 31 August 2015.