Thread by @arizonaslaw

Well, goooooood afternoon Arizona! For all you out there keeping score on all the butt kicking going on in the MAGA litigation realm, I've got a little refresher course for you to read before we get started in Judge Tuchi's Court on the Alan "the Dersh" Dershowitz OSC hearing. TR

The hardworking journos at AZ LAW have put together this handy-dandy Sanctions Scorecard for your ease of reference. It's a lovely, hop, skip and a sneeze down Memory Lane for who is getting slapped with sanctions in MAGA land. TR
arizonaslaw.blogspot.com/search?q=Tuchi

Today there is a hearing before U.S. Dist. of Ariz Judge Tuchi that begins today at 3 p.m. to determine whether Dershowitz should ALSO be held liable for sanctions that Judge Tuchi has already determined he should apply for the in court misrepresentations. TR

My buddy, cohort, and brains of the outfit Paul W has left me in charge of this afternoon's hearing. So buckle up, keep your hands and feet inside at all times, and pay attention to all instructions from your 'Zona Litigation Disaster Tour Guide - me. TR

There is no video connection - only a telephone call in line for today's hearing. Dershowitz is being represented by the Wilenchik firm. I am on the line in the court now. Just waiting for Judge Tuchi to get this 90 minute OSC hearing underway. TR

Court staff just confirmed Dershowitz is on the telephone line and can be heard. I've never been this close to "greatness" before. TR

The case is now called to order. Dennis and John Wilenchik for Dershowitz just announced. Liddy, LaRue & Hartman-Tellez for the County. Andrew Parker Esq. for Lake & Finchem. Dershowitz "I'm here to answer questions. TR

Judge Tuchi reviews the case status: (1) the Defendants (County & AZ SOS) Motion for Sanctions & (2) Dershowitz Application for an Order to Show Cause (OSC) hearing as to why he should not be included in the sanctions discipline. TR

Emily Craiger, Esq., is outside counsel for the County and she's up first. She is reviewing the Court's prior rulings as to why sanctions were necessary in the 1st instance. Reminding Judge Tuchi of his finding that this case was frivolous. TR

Just a reminder, the Defendants in the Lake/Finchem matter are asking for attorneys fees in the amount of $141,000. Ms. Craiger is making the point that Lake/Finchem case required speedy action which accelerated defendants legal work. TR

Ms. Craiger is going through some legal esoteric analysis of why the billing by the County was appropriate. Mostly due to the accelerated nature of the relief sought by Lake & Finchem. Sanctions are coming - it's just a question of how much & whether The Dersh gets pulled in. TR

While Ms. Craiger wraps up, let me explain why The Dersh thinks he should be exempted: he claims in his OSC app that he was not ACTIVELY involved in the case. He is of course dead wrong. If you get admitted to the case & let your name get signed to the pleadings you're in. TR

Now Mr. Parker, attorney for the Lake/Finchem plaintiffs is now arguing to Judge Tuchi why Lake/Finchem should have a reduced sanction. Claims "over billing" by the County. (Mr. Parker is clearly not "Mr. Personality.") Nitpicking here & there is not going to help him much. TR

Parker now concludes. Here comes Dennis Wilenchik on behalf of Dershowitz. Wow! Less than a minute and half by Wilenchik on the amount of attorneys fees as sanctions. Now the OSC is on the table. Giddy up! This is what we are all here for. TR

Dennis Wilenchik (DW) contends that Dershowitz thought he was only in the case on a "consultant" basis. (Note well: if you're only going to be a consultant, then you don't need to move for admission pro hac vice as happened here.) TR

DW: Gee Judge, The Dersh is such a good guy. I mean for crying out loud he's a well-known Constitutional Law professor. "I'm not here to throw Mr. Parker under the bus," while throwing Mr. Parker under the bus questioning why Mr. Parker put his name on the pleadings. TR

Now DW is changing his theory that the Dersh was only supposed to be "of counsel." Hip tip kids: there's no such thing as "of counsel" when you file to be admitted to a case. "Of counsel" is a term of art that applies to a lawyer's relation to a law firm, but not a partner. TR

Tuchi lights the torch, time for questioning of the Dersh. Judge Tuchi now reviews the two different declarations filed by Dersh. Judge Tuchi is grilling Dershowitz on the issue of "of counsel." TR

Ms. Craiger asks to place the Dersh under oath. Judge Tuchi declines saying Dershowitz is an officer of the court so there is no need to put him under oath. Tuchi is absolutely correct on this point. TR

Dershowitz is hoping that Judge Tuchi doesn't understand the difference between the concept of "of counsel" versus a "pro hac vice"* admission to a case. *Latin term that means "for this matter only." TR

Dershowitz is now complaining that after he was granted admission pro hac vice, that the Clerk of the Court listed him as lead attorney for Lake/Finchem team. Pobrecito! Play stupid games, win stupid prizes. TR

Hoo, boy! Now the Dersh is changing his analysis again. He claims he was only supposed to be an expert witness on constitutional law. If that were true, then again, he would not need to be admitted. TR

Dear Zona Folks: Here's the stone cold truth about The Dersh's argument today: there is NO WAY The Dersh could be admitted pro hac vice unless he specifically agreed to pro hac vice admission. Dead bang loser argument. TR

HOOCHIE MOMMA!!!! Did The Dersh just commit perjury in front of Judge Tuchi??? See email exchange between @brahmresnik and Dershowitz. Brahm just shared this with me. I hope Counsel in the court room can see this!!!!! TR

The Dershowitz defense in court right now.... TR

"I can't make my own judgments about these things. I'm not computer literate. I don't use Pacer*. My job at this age as a lawyer is simply giving people advice." *Pacer is how pleadings get filed in Federal Court. TR

Judge Tuchi: "Mr. Dershowitz are you telling me that you did not check the court rules before you applied for admission pro hac vice."
Dershowitz: No, I didn't see the need to. I trusted the Clerk of the Court to tell me what to do. TR

Judge Tuchi now asks Mr. Dershowitz that why his name disappeared from the dozen filings AFTER the Judge indicated he was inclined to grant sanctions. Did you ever ask Mr. Parker to correct the record? Did you receive the pleadings and review them? TR

Dershowitz avoiding answering Judge Tuchi's question. Now arguing that he "never ever agreed to be" admitted as counsel in this case. Dershowitz asks if he can be placed under oath. Tuchi asks Wilenchik if he's ok with this? Tuchi warns Wilenchik that it turns this into a hearing

... and that would make Dershowitz subject to cross-examination by opposing counsel. Wilenchik assents to this. Hip Tip kids: a damn foolish idea. Now The Dersh is subject to possible perjury charges. The Dersh is sworn in. Judge asks if adopts all of his prior statements. TR

The Dersh adopts his prior statements. (Hoochie Momma!!!) Judge continues on with his questioning of Dershowitz. Judge asks Dershowitz about the Rule 11 Safe Harbor letter.* (Lawyers have a duty to let other counsel know they are facing sanctions - hence 'safe harbor.") TR

Dershowitz claims "no recollection" of such a letter. "I guess I just wasn't paying attention." I might have seen it, I don't know if I did or not. (Not a great answer at all.) TR

Dershowitz admits he was aware "from public sources" that he was listed as lead counsel or just counsel in this case. Not credible at all. Hard to believe that a Constitutional Law Professor from Harvard is this clueless. Judge now turns cross-ex over to Emily Craiger. TR

I sure hope someone in Court pulls up the Motion for Admission Pro Hac Vice for Dershowitz and crosses him on that document. TR

Folks, here's another case where The Dersh filed for pro hac vice admission in a Mohave County case representing the AZ Republican Party. (H/T @brahmresnik - eagle eyes!)

@brahmresnik "I am not an expert on drafting civil complaints." - The Dersh TR

@brahmresnik "I have to tell you again, I will never appear in Arizona as "of counsel" now that I know. I just don't have the resources. Many lawyers will be shocked to know that if you sign on as of counsel..." you are signed up for everything. The Dersh
This is utter BS. TR

"I did not complete my pro hac paperwork. My secretary did." Oh for the love of all that is Holy, what an absolute brain dead response! Throwing the secretary under the bus NEVER SETS WELL WITH JUDGES. TR

Dersh admits that he did give assent to the pro hac vice admission. Dersh objects to state what his fee was for handling this case. Judge Tuchi asks Dersh if his rate was less than $2G's per hour. Dersh says yes. Emily Craiger sits down. TR

Tuchi now asking questions of Lake/Finchem counsel, Mr. Parker. "We asked Mr. Dershowitz to become a part of our team. We have worked with him on numerous cases in the past." TR

Parker tells the Court "we told him we wanted him on the pleadings. And he agreed to that." Someone is not telling the truth here. Parker confirms that he believed the Dersh was in the case. "If you're signed on to pleadings, you need to be admitted pro hac vice." TR

"We sent an email to him ... to complete the pro hac vice application. He questioned why it would be necessary. You're on the pleadings and its part of your retention." TR

Once submitted he was ordered to be part of the case. The Dershowitz. TR

Mr. Parker is less than pleased about being thrown under the bus by The Dersh! Municipal Bus! School Bus! Airport Shuttle Bus! Succubus! Incubus! We are running out of busses to throw them under. TR

Evidence taking is over. Craiger up for closing arguments. (Spin the wheel pick a topic, because Sammy Snackpack and Charley Chucklenuts have thrown each other under the bus!) Would you say I have a plethora of reasons why they should be sanctioned fully? Sure you can! TR

Can anyone explain why counsel for The Dersh allowed him to be placed under oath??? The Dersh may now get referred to the DOJ to have his UNDER OATH testimony examined for perjury. Judge Tuchi tried to warn Mr. Wilenchik "do you really want to put your client at jeopardy?" TR

DW gets the last word for closing argument. What could possibly be said to pull this defense out of the steep nose dive it is currently in? TR

Mr. Wilenchik basically arguing that the Dersh's sole involvement in this case was the Constitutional law issues. Wilenchik is (smartly) avoiding the idiotic testimony of the Dersh (lawyers cannot further bad testimony from their client.) TR

"This is a very distinguished individual, a scholar of the law, and someone who has helped lots of poor people." Wilenchik now. TR

"It's easy to make mistakes, we all do." Question: was this statement made by the Captain of the Hindenburg or Mr. Wilenchik today. TR

Ruh-roh! Judge Tuchi is now questioning Wilenchik. "Is this limited by the use of the phrase 'of counsel.' I'm now asking you for you to explain the difference as between counsel vs. of counsel?" Tuchi asks for Wilenchik to ask for legal authority. Wilenchik is getting torched. T

Smart response by Wilenchik: "I have no such authority." Wilenchik now contends "but that doesn't end the inquiry." Wilenchik now gets to throwing Parker under the bus again. TR

Someone is going to get whacked here. Wilenchik is going with the "he wasn't involved much" defense. Not going to work. A lawyer's name on a pleading is like being pregnant - you either are or aren't pregnant. If you're on the pleadings you are in the case. TR

Judge Tuchi going back to the pro hac vice issue, with Wilenchik. Court reads local rule 83.1 re: pro hac vice admission "retained to appear." Court points out that Dershowitz says he was not retained to appear. TR

Wilenchik now throws the Clerk of the Court under the bus "maybe it was their fault." TR

Wilenchik's argument reminds me of Martin Short's portrayal of Nathan Thurm, tobacco lawyer. TR

Or this great Far Side cartoon. TR

Tuchi has no further use for Wilenchik. Now he goes back to Emily Craiger. TR

"The court has exhausted the field...." Hearing is adjourned and matter is under advisement. I hope this has been useful and fun. It's always better when Paul W is here, but hey you have to ride the pony you have. Logging out. TR

Tom, you rode this pony and led from the gate to the finish line - no photo finish needed! Thanks, and we'll look forward to Judge Tuchi's ruling! PW