A rule of law issue. One of our values is that the law applies equally to everyone & therefore everyone is entitled to a lawyer to help them understand & enforce their rights, even the most vilified people.
/1
A corollary to this value is that lawyers are NOT synonymous w/their clients. Representing someone or a company or a govt doesn’t mean you agree with that client’s views or actions. If this isn’t the rule, then the whole system of laws & the rule of law begin to disintegrate.
/2
This principle is in the lawyers’ Rules of Professional Conduct. This is DC’s: 1.2(b) “A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social, or moral views or activities.”/3
This principle means that it is inconsistent with the rule of law to criticize or disadvantage a lawyer later for having previously represented certain clients. /4
Lawyers can certainly align themselves with a political party or specific viewpoints or specific interests through their own actions or memberships or statements on their own behalf. But not just through whom they’ve represented. /5
If we want to hold onto the values that we’re a country of laws, not men, & that we believe in the rule of law, then we need to also uphold this principle: lawyers are not their clients. /6
• • •
Missing some Tweet in this thread? You can try to
force a refresh
You don't see this very often in federal court, but one of the Jan 6 Defendants I think is actually being held illegally. I will explain. The Defendant is Lucas Denney. His case number in DC is: 21mj686. /1
/2 He has a slew of charges and an arrest warrant was issued for him in December 2021. He was charged on a complaint, NOT an indictment.
He was arrested on December 14, 2021 in Texas and taken before a magistrate there. /2
He appeared before the TX magistrate on December 14, 2021 for what the federal rules call an "Initial Appearance." That is just what it sounds like: it's the first time a judicial officer sees you after you are arrested. It's to make sure you have been legally arrested. /3
This is what it looks like when you enter into a written plea agreement about the Sentencing Guidelines. It’s from the OathKeeper plea today. He’s agreeing all these added on levels apply & he won’t be able to challenge any of it at his sentencing. /1
He’s got little to no criminal record so, after getting some levels off for pleading guilty, he’s at level 29, which in his history category translates to 87 to 108 months incarceration. /2
In his case, his lawyers think that stipulating to all of this is worth it for him because they are getting the cooperation deal in return, which will take levels off - sometimes as much as half the levels - at the time of sentencing. /3
@Caps_Nut@GovernorVA Actually I’ thought VA had done exactly that in 2018, but now that I look at that law, what they did was something halfway in between. It’s no longer a state agency, but rather an “authority,” which is a private/public hybrid entity. It controls liquor, but licenses beer & wine.
@Caps_Nut@GovernorVA In general those differ from state agencies in that the state loses most control & they’re not included in state budgeting & procurement processes but the public gets the benefit of their profitability. Whether the state retains any control depends on the enabling legislation.
@Caps_Nut So whether the gov can -by edict - tell them not to buy Russian spirits is an interesting question. Probably not likely, but not necessarily impossible. It will depend on exactly how much control the state gave up over the authority.
CNN announcing that Ketanji Brown Jackson is Biden’s pick for SCOTUS.
Judge Jackson is undoubtedly in the liberal camp in terms of her legal philosophy. She will move the left wing of the Court more to the left than where it was with Breyer in that seat. /1
She’s pretty young (51) for a SCOTUS seat, as that’s the way both parties do it now to try to control the makeup of the court for longer. But it also means she has a slightly less developed judicial track record than was historically true. That being said, there’s no doubt. . ./2
of her philosophy from her overall legal career, so the shorter judicial record is of lesser importance than it would’ve with a different nominee. She was a federal trial judge for 8 years & on the DC Circuit Court of Appeals since March 2021. /3
If you are coming to DC - for any reason - please be advised that DC has extremely restrictive gun & weapon laws. It will not honor your state’s carry permit, for example. It would be wise to leave your weapons at home. If you do get charged, you can contact me via my website. /1
I take any & all gun cases. Unlike many defense lawyers here, I will litigate the Constitutionality of DC’s laws if the case has a good argument for it & the client’s willing to - which often requires rejecting a plea & going to trial. That requires committing more resources- /2
Time, Money, Energy, Travel back here, Emotional & Psychological Toughness. It’s not cheap -in any way- to fight these. If you’re not willing to do that, save yourself the trouble & leave your weapons at home. People think they will fight, but many don’t when faced w/the costs./3
Latham's pleading isn't terrible. It's not fairly arguing the law or the facts, but it's polished work product, the prose is clear, it's clean in terms of grammar & citations, etc. It's just full of malarky arguments. But, it's obviously not written by DC lawyers. /1
It's got a table of contents, which few if any of us here use in memoranda for motions in the district court. The judge will likely notice that. And, the proposed order is attached to the document, it should be file separately. The clerk might complain about that. /2
I think the real goal of it is to start educating the judge on the defense theory of materiality rather than expecting him to dismiss on that basis. He'll have to give a jury instruction on it. Materiality is a frequently contested issue in false statements cases. /3