Clement
(by
Alex
Wong/Getty
Images)
The
shenanigans
from
the
Department
of
Justice
in
the
case
against
New
York
City
mayor
Eric
Adams
have
been
epic.
Acting
deputy
attorney
general Emil
Bove
demanded
the
dismissal
of
the
corruption
charges
against
Adams,
which
led
to
a
Thursday
Night
Massacre
as
seven
prosecutors
decided
they’d
rather
submit
themselves
to
the
job
market
than
compromise
their
oath
of
office.
As
allegations
of
a
quid
pro
quo
swirled
(dismissing
the
charges
in
exchange
for
the
mayor’s
assistance
in
the
Trump
administration’s
immigration
raids),
Bove
wound
up
signing
the
motion
for
dismissal
himself.
This
mess
wound
up
in
front
of
the
Southern
District
of
New
York’s
judge
Dale
Ho.
The
government
argued
the
charges
should
be
dismissed
without
prejudice,
giving
the
Trump
administration
the
screws
to
turn
should
Adams
fail
to
do
their
bidding.
Judge
Ho,
correctly,
characterized
it
as
a
“somewhat
unusual
situation”
and
punted
on
the
question
of
dismissal.
He
said
he
wouldn’t
“shoot
from
the
hip
right
here
on
the
bench.”
Instead,
he
countered
with
an
unusual
move
of
his
own,
appointing
noted
conservative
lawyer
Paul
Clement
as
amicus
curiae
to
present
adversarial
arguments
to
the
government’s
motion
to
dismiss.
Though
far
from
typical,
Ho
argued
the
appointment
was
“appropriate”
due
to
“public
importance
of
this
case,
which
calls
for
careful
deliberation.”
Judge
Ho’s
bold
move
has
left
a
lot
of
folks
speculating
about
the
rationale.
Not
immediately
acquiescing
to
the
administration
was
certainly
applauded
by
the
left,
but
the
Clement
pick
is
fascinating.
Clement
was
the
Solicitor
General
under
George
W.
Bush,
with
extensive
Supreme
Court
experience,
who
just
happens
to
think
Biglaw
is
too
woke.
The
right-wing
stalwart
is
being
asked
to
argue
against
the
Trump
administration…
and
while
Clement
currently
runs
his
own
boutique
firm,
advancing
arguments
in
opposition
to
the
Trump
administration
might
just
end
his
future
chances
of
government
work
before
they
even
start.
The
Trump
II
reign
seems
fixed
on
the
smallest
slights,
and
even
being
appointed
to
the
role
is
unlikely
to
protect
him
from
scorn
if
he
provides
the
justification
to
thwart
the
Trumpian
plans
—
just
ask
Robert
Mueller.
The
right
will
light
just
about
anyone’s
career
on
fire
if
they
step
out
of
line.
So
if
Clement
finds
issue
with
the
DOJ’s
motion
to
dismiss,
the
conservative
legal
movement
might
find
their
most
capable
lawyer
is
persona
non
grata
in
MAGAworld.
Briefing
is
due
March
7,
with
possible
oral
argument
on
March
14. And
it
will
be
fascinating
to
watch.
Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of
The
Jabot
podcast,
and
co-host
of
Thinking
Like
A
Lawyer.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email
her
with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter
@Kathryn1 or
Mastodon
@[email protected].