Judge Kaplan has ruled that two other women who have accused Trump of sexual assault, Jessica Leeds and Natasha Stoynoff, can testify at the trial, finding that the “alleged acts are far more similar than different in the important aspects.”
Pamela Karlan: We have become the nation that leads the world in understanding what democracy is. It's not a mature democracy if the party in power uses the criminal process to go after its enemies.
#ImpeachmentHearings
Federal prosecutors and the SEC report that an Equifax software developer charged with insider trading tied to the Atlanta-based credit bureau’s massive 2017 data breach will plead guilty to violating federal securities laws.
#KetanjiBrownJackson
on the significance of her name: "I was born here with an African name that my parents gave me to demonstrate their pride in who they were and their pride and hope in what I could be."
“A statutory inspector general should not be removed based on personality or whim or other frivolous reasons. Under no circumstances should an inspector general be removed for doing his or her job, and for following the law.” -
@chkbal
A federal judge has swatted down an effort to dismiss an emoluments lawsuit against
@POTUS
that’s been brought by the attorneys general in Washington, D.C., and Maryland.
The complaint alleged Donald Trump claimed to have prior experience with the products ACN was pushing on investors, having done substantial research, and that he wasn’t being paid for his endorsement. “Not a word of this was true,” read the complaint.
"This is about not only accountability of the former president, but every senator who votes either to condemn or condone the former president’s conduct."
#BrettKavanaugh
also was counsel of record in 2000 for a petition on behalf of family members of six-year-old Elian Gonzalez who wanted to keep him in Miami. He also wrote two amicus briefs supporting religious expressions and activity in public places.
ICYMI: It comes back to
@neal_katyal
's conviction that placing real responsibility on a new generation of Supreme Court lawyers is the right approach for clients, the firm and the bar—and that turning to associates for legal research isn’t enough.
The signatories on Thursday’s letter said Trump’s attempts to enlist the help of Ukraine and China to investigate Joe Biden “undermine the integrity of our elections, endanger global U.S. security and defense partnerships, and threaten our democracy.”
Rep. Swalwell: Is Russia a corrupt country? Is Turkey? Volker says yes. And yet President Trump, who some are trying to argue is strongly anti-corruption, has met multiple times with Putin and Erdogan.
#ImpeachmentHearings
Sen.
@CoryBooker
says the data shows
#KetanjiBrownJackson
is within the norm of federal judges on sentencing. It's a line of attack on her that does not hold up, he says.
“The Florida Bar is aware of the comments made in a tweet yesterday by Rep. Matt Gaetz, who is a Florida Bar member, and I can confirm we have opened an investigation,” said Florida Bar spokeswoman Francine Walker.
Eric Komitee, a nominee for a seat on Brooklyn’s federal district court, earned $10.5M in salary and bonus between 2016 and May 2018 as the general counsel to the hedge fund Viking Global Investors LP, according to newly disclosed financial records.
At least two people who brought ethics complaints against Kavanaugh for his Sept. 27 testimony before the Senate Judiciary Committee have said they filed appeals challenging the council’s order dismissing their claims.
In the period before
#Weinstein
and
#MeToo
, female partner promotions occurred at a rate of roughly 125 per month. But after the
#MeToo
era began, the pace of promotions for women soared to 265 a month—more than double the rate from the previous period.
First up asking questions after the break is
@SenTomCotton
: Does the U.S. need more or fewer police?
#KetanjiBrownJackson
: That's a policy decision to be made by another branch of government, not judges. "I will stay in my lane..."
Kennedy said the judiciary’s current relationship with the public differs from those in the past in part because the average American is now much more aware of SCOTUS and judicial selection and confirmation has become more driven by partisanship.
Reid’s submission alleged that Wood has repeated false statements regarding the outcome of the election and said he had expressed apparent support for the Jan. 6 siege.
John Schnatter, the embattled founder of Papa John’s International Inc., has turned to Patricia Glaser amid a rising boardroom fight at the world’s third-largest pizza chain over racist comments he made during a May conference call.
Graham: On a scale of one to ten, how faithful would you say you are?
#KetanjiBrownJackson
: I am reluctant to talk about my faith in this way. I want to be mindful of the need for the public to have confidence in my ability to separate out my personal views.
The Federal Circuit has ruled that Native American tribal immunity will not shield patents from administrative review at the U.S. Patent and Trademark Office.
On judicial philosophy: "Judges are restrained, are constrained, in the exercise of our power under our Constitutional scheme. My methodology is designed to help me to make decisions within those confines."
#KetanjiBrownJackson
“We, as lawyers, cannot ignore or remain silent about President Donald Trump’s disregard of these core values and principles. We must speak out,” the lawyers wrote in an open letter that was distributed Thursday.
Lindsey Graham asks what faith
#KetanjiBrownJackson
is. "Protestant, non-denominational," she says. How important is your faith to you? She says, "Personally, my faith is very important, but as you know, there's no religious test in the Constitution under Article 6."
ICYMI: “We, as lawyers, cannot ignore or remain silent about President Donald Trump’s disregard of these core values and principles. We must speak out,” the lawyers wrote in an open letter that was distributed Thursday.
ICYMI:
@MarkSZaidEsq
said the team will get compensation from Whistleblower Aid, a nonprofit that raises funds to assist whistleblowers with legal costs and other expenses.
.
@SenTomCotton
asks if average sentences for certain violent crimes, such as murder and rape, are long enough.
#KetanjiBrownJackson
says those are policy questions and not for her to answer.
According to the
@BrennanCenter
, litigation regarding voting restrictions is currently unfolding in 17 states.
@KristenClarkeJD
says more firms are committing pro bono resources to the issue, and one notable example is in stepping up to host call centers.
ICYMI: The company, owned by a foreign state, has resisted for months compliance with a subpoena from Special Counsel Robert Mueller III. Chief Judge Howell, in September, declared the company in civil contempt and imposed a $50,000 daily fine.
Judge Amy Berman Jackson: “It does not matter when the defendant may have first formulated the opinions expressed, or when he first put them into words: he may no longer share his views on these particular subjects with the world.”
.
@SenTomCotton
is trying to paint
#KetanjiBrownJackson
as soft on crime. He criticized her sentencing decisions in one particular "drug kingpin" case she presided over as a trial judge. She responds by explaining some of the facts of the case, the law and changes in the law.
“I simply have no choice but to apply that precedent": Kelly based his decision largely on a 1977 decision by the Washington fed appeals court, which established that the White House must provide due process when revoking a reporter’s press credentials.
"The leadership
#ElijahCummings
practiced was remarkable and special. In these times, especially, we must really pause & respect the passing of great people." -
@Sifill_LDF
Jessie Liu withdrew from consideration Thursday after reportedly facing opposition from members of the Senate Judiciary Committee over her past association with a legal group that opposed Justice Samuel Alito’s nomination to the Supreme Court.
Dozens of women, standing on a platform under a pink
#IStandWithBrett
banner, gathered in a downtown Washington hotel as the faces of support for Kavanaugh.
The Fifth Circuit blocked Gibson Dunn & Crutcher from filing a pro-Obamacare amicus brief because the submission would have caused the disqualification of an unidentified judge.
#AppellateTwitter
ICYMI: “Every case connected to Jan. 6 puts the presidency in a different light given the nature of Donald Trump’s personal and egregious conduct. It wasn’t presidential in nature, it was political and personal to serve his own interest.” -
@MarkSZaidEsq
As she continued to wander the room at
@EmoryUniversity
, she stopped before a pair of grade-school-age girls in the front row and said, “Nobody should live their life as a bystander.” Offering a hug, she said, “You’re going to do bigger things than me.”
.
@DevinNunes
: I'm not exactly sure what the ambassador's doing here today ... this seems more appropriate for the Subcommittee on Human Resources at the Foreign Affairs committee if there are issues with employment.
#ImpeachmentHearings
“It’s not a theoretical, paranoid notion at this point. We can’t see our vote and what happened to it. To call it paranoia, you don’t deal with it, and I suspect we have to deal with it.” - Judge Amy Totenberg
The company, owned by a foreign state, has resisted for months compliance with a subpoena from Special Counsel Robert Mueller III. Howell, in September, declared the company in civil contempt and imposed a $50,000 daily fine.
.
@DavidLat
talks about how he’s changed by his
#coronavirus
experience and what life is like on the other side of a brush with death in this week's
#LegalSpeak
.
.
@SenatorDurbin
: "By what authority can [Bill Burke] restrict the information given to the Senate Judiciary Committee and the American people? Is he a government employee? No one knew this mysterious Bill Burke who is filtering these documents."
#KavanaughConfirmationHearings
ICYMI: Emmet Sullivan's tenure has been marked by occasionally colorful commentaries on the conduct of government lawyers—and criticism of prosecutors for reaching corporate settlements that are not accompanied by prosecutions of individuals.
In the
#SCOTUS
term that just ended, male justices interrupting female justices during oral arguments was at its second highest rate in 20 years, with Justices Sonia Sotomayor and Elena Kagan the most regularly cut off.
In a 31-page order, Judge Leigh May directed Brian Kemp to instruct election officials and county boards of elections across the state that absentee ballots with alleged voter signature mismatches should be marked as “provisional” rather than rejected.
U.S. District Judge Amy Berman Jackson is summoning Stone to court to explain why his release conditions and a media contact order she placed in the case shouldn’t be revoked or changed in light of the picture.
An announcement from the court stated that Ginsburg was “resting comfortably and is expected to remain in the hospital for a few days.” No further treatment is planned.
In your 9 years on the bench, 570+ decisions, have you ever cited the 1619 Project or its author?
@ChrisCoons
asks. Have you ever relied upon CRT to determine the outcome of a case? No, no and no,
#KetanjiBrownJackson
responds.
ICYMI: If passed, the provision could raise separation-of-powers issues and would likely irritate
#SCOTUS
, which covets its independence and its special status under the Constitution.
ICYMI: Attorney David Thompson argued that nearly all mass shooting events involve perpetrators who circumvented existing gun laws, so imposing the ban would “strip law abiding citizens of that tactical advantage” if they were attacked in their homes.
The Southern Poverty Law Center has agreed to pay $3.375M and issue public apologies to an activist who challenged his inclusion in a 2016 SPLC publication that labeled him and several others “anti-Muslim extremists.”
ICYMI: “This action undermines the rule of law and is a great moral failure because it tries to take away protections from individuals facing persecution. It’s the opposite of what America should stand for.” -
@OmarJadwat
"The Roberts Five have become virtual delivery boys for big Republican donor interests, almost daring us to point out the obvious pattern. I accept the dare." -
@SenWhitehouse
The
@HoganLovells
team, led by Catherine Stetson, a partner in Washington and co-leader of the firm’s Supreme Court practice, told
#SCOTUS
in a filing on Monday that the petition in Syed’s case would be forthcoming.
Graham: In your nomination, did you notice that people from the left were pretty much cheering you on?
#KetanjiBrownJackson
: A lot of people were cheering me on, Senator.
U.S. District Judge Amy Berman Jackson said she will consider issuing a court order to bar Roger Stone and his attorneys from making public statements that could risk prejudice in the case.
Rep. Swalwell: We will uphold our duty to charge the president with the crimes against the Constitution that he has committed: Using your taxpayer dollars, jeopardizing the integrity of your vote, for a purely political purpose and a purely personal gain.
#impeachmentDebate
ICYMI: Skadden, Arps, Slate, Meagher & Flom will pay $4.6 million under a settlement agreement it reached with the U.S. Department of Justice over the law firms work for the Ukrainian government.
With 148 judicial vacancies as of Jan. 2 and an increasingly aging federal bench,
@POTUS
could remake the federal judiciary on a scale that hasn’t been possible in decades
ICYMI: Charging user fees for court records harms the credibility of the federal judiciary, according to seven retired federal judges—including former Seventh Circuit Judge Richard Posner—in an amicus brief filed in a class action over PACER fees.
NOW: A three-judge panel for the U.S. Court of Appeals for the D.C. Circuit in a unanimous opinion Tuesday dealt a blow to one man’s long-shot bid to challenge Mueller’s appointment.
ICYMI: Jackson presided over high-profile cases, including a class action over the Office of Personnel Management’s data breach and the Justice Department’s blockbuster challenge to Anthem Inc.’s proposed $54 billion acquisition of Cigna Corp.
#KetanjiBrownJackson
thanks Cruz for providing the entire quote, which shows that she was asking a question not taking a position. She says whenever she sentenced someone she was clear that such cases involve actual harm.
Justice Ruth Bader Ginsburg heard an oral argument today in which all three lawyers who rise to speak were former law clerks of hers.
#SCOTUS
via
@Tonymauro
Even as allegations of sexual misconduct have roiled Brett Kavanaugh’s U.S. Supreme Court nomination, over a dozen appellate and Supreme Court attorneys who publicly supported him in an August letter have stuck by the nominee.