In the old days, when lawyers representing the U.S. Department of Justice were found to have lied, an Attorney General might have ended their service. We’re not in the old days any more [Michael Greve] As related in an earlier post, Judge Andrew Hanen of the Southern District of Texas federal court, after concluding that federal lawyers had chosen to hide relevant facts in litigation challenging President Obama’s DAPA immigration initiative, ordered them to take ethics classes in a scathing opinion; his order has variously been criticized for possibly exceeding his jurisdiction, and for being insufficiently stringent to deter future misconduct by the Department’s lawyers.
- Fourth Circuit will review forfeiture case of “pre-conviction, pre-trial restraint of untainted property” [Ilya Shapiro, Cato]
- “Voodoo Science in the Courtroom: The U.S. has relied on flawed forensic-evidence techniques for decades, falsely convicting many” [Alex Kozinski, WSJ; ABA Journal] “Highest court in Massachusetts throws out another shaken-baby syndrome conviction” [Radley Balko on Boston Globe]
- Federal judge Andrew Hanen gets results! “Justice Department orders more ethics training for lawyers” [Politico, earlier]
- Like settlement slush funds, contingency-fee prosecutions divert money from the public fisc to influential private players [Margaret (“Peggy”) Little, CEI]
- California appeals court: Orange County district attorney’s office’s war on a judge was legal but represented “extraordinary abuse” [C.J. Ciaramella]
- “New Jersey Bill Would Punish Eating, Drinking While Driving” [Reason]
A federal judge has handed down one of the most spectacular rebukes in memory to the courtroom conduct of the U.S. Department of Justice [DOJ], for hiding the ball in a challenge to the administration’s DAPA immigration initiative. Writes Ilya Shapiro:
[Judge] Hanen’s remedy consists of five components:
(1) all the lawyers at DOJ headquarters who litigate in the 26 states that challenged DAPA (most of them) have to go back to school for an annual ethics course taught by an outside expert;
(2) DOJ has to certify annually for five years that these lawyers are indeed going to school;
(3) the attorney general must report within 60 days “a comprehensive plan to prevent this unethical conduct from ever occurring again,” and “what steps she is taking to ensure that . . . the Justice Department trial lawyers tell the truth — the entire truth.”; …
Declaring that the lawyers had acted in “bad faith” and that their “conduct is certainly not worthy of any department whose name includes the word ‘Justice,'” Hanen added: “The court does not have the power to disbar the counsel in this case, but it does have the power to revoke the pro hac vice status of out-of-state lawyers who act unethically in court.” [Joel Gehrke, Washington Examiner; Josh Blackman, NRO] But see: Orin Kerr asks whether the order exceeds the court’s jurisdiction.