• Yep, it’s the 9th circuit says monkeys can sue. Just get a lawyer. Says whales, dolphins, and porpoises should lawyer up, too

    Here’s the story (link) and here’s the decision (pdf link).

    What could possibly go wrong????

    On the other hand, I’m looking forward to some late-night lawyer commercials. “If you are a goldfish and you are being kept in a small bowl with crumbs for food, we’ll fight for your rights!! And you won’t pay a cent unless we recover.”

    And here, submitted for your approval, are some gems from the actual appeals-court decision.

    Yep, the whales, dolphins and porpoises ought to lawyer up and go after the US Navy.



  • Judge reopening Flynn plea deal. He wants to know if Mueller’s team withheld evidence

    Here’s the headline (link here)

    How A Plea Reversal From Michael Flynn Could Uncover More Federal Corruption

    Did Robert Mueller’s office withhold other evidence in Michael Flynn’s prosecution, either from the FISA court or from Flynn’s attorneys

    There is reason to believe so.

    It’s from a conservative site, The Federalist, but it is not really an editorial story. It’s news, possibly quite important news, and it has been completely overlooked.

    On Friday, Judge Emmet Sullivan issued an order in United States v. Flynn that, while widely unnoticed, reveals something fascinating: A motion by Michael Flynn to withdraw his guilty plea based on government misconduct is likely in the works.

    Just a week ago, and thus before Sullivan quietly directed Special Counsel Robert Mueller’s team to provide Flynn’s attorneys “any exculpatory evidence. ….

    On November 30, 2017, prosecutors working for Mueller charged former Trump national security advisor Flynn with lying to FBI agents. The following day, Flynn pled guilty before federal judge Rudolph Contreras. Less than a week later — and without explanation — Flynn’s case was reassigned to Judge Emmet G. Sullivan.

    With [the judge’s new] protective order in place, Flynn’s attorneys should start receiving the required disclosures from the special counsel’s office. There is reason to believe these will include some bombshells. –The Federalist

    We now know that the FBI agents who interviewed Flynn believed he told the truth and were overridden by Mueller’s team. We do not know if that information or other exculpatory evidence was revealed to Flynn. We do know that the Mueller prosecution was bankrupting him and involved legal threats to Flynn’s son, which seemed to disappear after the father’s plea. We also know that Flynn failed to register as a foreign agent, as he was legally required to do.

    We also know that the #2 guy on Mueller’s team has been reprimanded previously by a judge for withholding evidence and, separately, was overruled 9-0 by the Supreme Court for his prosecution of the Arthur Andersen accounting company, a prosecution that destroyed the company and cost over 10k jobs.

    FYI: Judge Sullivan is the one who absolutely lacerated the US Attorneys who systematically concealed evidence in their corrupt prosecution of Alaskan Republican Sen. Ted Stevens, causing him to lose the election and swing the US senate. Do not mess with Judge Emmet Sullivan.

  • Very senior US appellate judge resigns after multiple sexual-harassment charges

    US judge steps down after accusations of sexual misconduct (Associated Press)

    The judge is 67-year-old Alex Kozinski, who was formerly the chief judge for the Ninth Circuit (California, Arizona, and the West Coast).

    He was a refugee from Romanian communism and the child of Holocaust survivors.

    Until these credible allegations by some 15 women, he was known mainly for his brilliance, hard work, lucid writing, and significant opinions.

    The incidents reported in the Washington Post story (link here) are all troubling.

    What struck me most, aside from the sheer number of accusations, is that at least one of the people assaulted became a federal judge herself. Although she told people about the incident contemporaneously, she did not report it to other authorities.

    I can certainly understand why women who might have future cases before the judge would not report it. But it is striking that others in more secure situations did not. What about other judges on the Ninth Circuit? Did they know or suspect?

    For those who did know, why did they remain silent? Perhaps it was because of social pressures at the time, or because they didn’t want to become involved, or because they thought no one would take it seriously, or other reasons.

    Of course, the accused needs to be given a fair hearing, a chance to rebut any false or misleading accusations. That is essential to our basic understanding of fairness and justice.

    In the Kozinski case, he has not disputed the basic accusations. Instead, he stepped down.

    Now we can ask why no one, including those in powerful, secure positions, said or did anything . . . for years.

    Their silence left others vulnerable.