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« Judgment in Dobyns case | Main | Operation Choke Point creating a stir »

Busy day

Posted by David Hardy · 29 January 2015 02:30 PM

The Jay Dobyns story hit Fox News. The arrogance of Justice Department is staggering. A judge rules that their attorneys are liars and perpetrated a fraud on the court, and bans them from his courtroom, and they challenge this, arguing the Attorney General has a "right" to send anyone he wants to court? In that position, would you really want those people to be the ones to argue for you? On the other hand, I did work ten years in the government, in Washington, DC, and did learn that the arrogance of Justice is, well, pretty breathtaking.

This morning I argued a first amendment case in the U.S. Court of Appeals for the Ninth Circuit; it was one of three cases argued. Video for the argument is here. Here's some local coverage of it.

The case was one of three argued that day. After listening for half an hour, I still couldn't figure out what the first argument was about, except that it involved somebody selling software. The third argument I almost understood, and it was chiefly distinguished by an attorney making a mis-step (not knowing that the Supreme Court had recently ruled on an issue) and having the court light him up with a flamethrower. "If you don't know that, then you shouldn't be standing here arguing."

2 Comments | Leave a comment

rich | January 30, 2015 8:25 AM | Reply

re: ...they challenge this, arguing the Attorney General has a "right" to send anyone he wants to court?
Am I surprised by this? They have basically said the law and the constitution don't mean diddly they can do what ever they want for how many years now?
I want to see the judges reaction to that :)

Ken M | January 31, 2015 11:32 PM | Reply

Well, it's pretty obvious that the whole thing is being run from the top office, rather than by the attorneys called on the carpet by the judge. It seems to me that the old line about a lawyer who represents himself having a fool for a client is quite appropriate.

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