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The Fight For Rights Continues: The View From Legal Academia – Above the Law

In
this
episode
of
The
Jabot
I
chat
with
Jackie
Gardina,
Dean
and
Chief
Academic
Officer
at
The
Colleges
of
Law,
about
systemic
change,
legal
education,
and
the
hurdles
to
entering
the
legal
profession.
Gain
insights
on
LGBTQ
rights,
bar
exam
reform,
and
advice
for
future
law
students.
A
must-listen
for
those
interested
in
modern
legal
challenges!


Highlights

  • From
    clinical
    therapy
    to
    a
    passion
    for
    law.
  • Systemic
    change
    as
    a
    career
    theme.
  • Multiple
    pathways
    to
    change:
    Don’t
    Ask,
    Don’t
    Tell.
  • Legal
    battles
    and
    the
    evolution
    of
    rights.
  • Repeal
    challenges
    for
    LGBTQIA
    rights.
  • Voting
    rights
    history
    as
    a
    movement.
  • State-level
    demonization
    of
    LGBTQ
    youth.
  • Federalism’s
    effect
    on
    state
    rights.
  • Bar
    exam
    as
    an
    exclusionary
    mechanism.
  • Disconnect
    between
    bar
    exam
    and
    legal
    practice.
  • COVID
    as
    an
    inflection
    point
    for
    bar
    reform.
  • The
    push
    for
    bar
    exam
    reform
    in
    California.
  • Critique
    of
    law
    school’s
    alignment
    with
    practice.

The
Jabot
podcast
is
an
offshoot
of
the
Above
the
Law
brand
focused
on
the
challenges
women,
people
of
color,
LGBTQIA,
and
other
diverse
populations
face
in
the
legal
industry.
Our
name
comes
from
none
other
than
the
Notorious
Ruth
Bader
Ginsburg
and
the
jabot
(decorative
collar)
she
wore
when
delivering
dissents
from
the
bench.
It’s
a
reminder
that
even
when
we
aren’t
winning,
we’re
still
a
powerful
force
to
be
reckoned
with.

Happy
listening!

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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].

Tshabangu Claims Disciplinary Panel Is Controlled By “Invisible Hand”

As
reported
by Bulawayo24,
Tshabangu
attended
a
disciplinary
hearing
chaired
by
a
three-person
panel:
Senator
Sesel
Zvidzai,
Hon.
Concilia
Chinanzvavana,
and
Gilbert
Kagodora.

Mushonga
served
as
the
Arbiter
General,
while
Kucaca
Phulu,
representing
Tshabangu
and
instructed
by
Mabikwa
Attorneys,
appeared
on
his
behalf.

At
the
start
of
the
hearing,
Tshabangu
raised
concerns
that
he
had
not
been
provided
with
a
copy
of
the
charge
sheet
detailing
the
allegations
against
him,
nor
was
he
informed
of
the
specific
provisions
of
the
party
constitution
under
which
the
charges
were
brought.

In
a
statement
issued
through
his
spokesperson,
Nqobizitha
Mlilo,
Tshabangu
alleged
that
someone
was
remotely
influencing
the
panel,
preventing
it
from
operating
independently.

He
further
claimed
the
panel
appeared
to
be
taking
instructions
from
an
unidentified
figure
yet
to
be
revealed.
He
said:

At
every
turn
in
the
hearing,
and
when
a
ruling
was
to
be
made,
the
panel
repeatedly
made
telephone
calls
to
someone
who
gave
instructions
as
to
how
the
panel
should
rule
on
each
point.

On
this
issue,
Senator
Tshabangu
has
given
instructions
to
his
Attorneys
to
subpoena
the
telephone
records
of
the
purported
Disciplinary
Committee
members
to
establish
the
identity
of
the
person
the
panel
members
repeatedly
obtained
instructions
from.

Tshabangu
claimed
that
the
lines
of
communication
for
resolving
what
seemed
like
legitimate
differences
between
the
parties
have
now
been
irreparably
broken,
making
reconciliation
impossible.

He
also
pledged
to
bring
order
to
CCC’s
parliamentary
and
local
government
caucuses.
Said
Tshabangu:

In
the
next
few
moments,
action
will
be
taken
in
decisive
terms
to
bring
much-needed
stability
and
cohesion
to
the
party,
more
so,
in
the
Party
Parliamentary
Caucus
and
Local
Government
Caucus.

The
historic
work
which
this
10th
Parliament
has
to,
and
is
about
to
take
in
the
national
interest
requires
the
highest
form
of
cohesion
that
no
moment
will
lost
in
frivolity
and
trivialities.

The
Parliamentary
Caucus
and
the
Local
Government
Caucuses,
as
the
only
remaining
legally
valid
Article
6
party
organs
should
work
in
the
most
efficient
and
effective
manner
possible.
All
tools
will
be
deployed
to
ensure
that
this
happens.
Senator
Tshabangu
says
there
shall
be
discipline.

The
general
membership
of
the
party
is
assured
that
stability
will
be
restored,
the
needful
done,
and
soon,
there
will
be
no
unknown
knowns.

CIO Plotted To Eliminate Chamisa And Frame It As COVID-19 Death, Report Claims

A
report
from
the
United
Kingdom-based
investigative
publication Dug
Up
 has
claimed
that
Zimbabwe’s
Central
Intelligence
Organisation
(CIO)
considered
eliminating
opposition
leader
Nelson
Chamisa
in
2020,
with
the
plan
to
frame
the
death
as
a
consequence
of
the
coronavirus.

According
to
the
report,
Chamisa,
who
narrowly
lost
the
2018
presidential
election
to
President
Emmerson
Mnangagwa,
was
identified
by
CIO
operatives
as
the
primary
threat
to
ZANU
PF’s
long-standing
grip
on
power.

The
report
also
alleges
a
plot
within
the
agency
to
have
former
CIO
Director-General
Isaac
Moyo
removed
from
his
post
in
2020,
just
over
two
years
after
his
appointment
by
Mnangagwa.

Moyo,
who
had
previously
served
as
Zimbabwe’s
ambassador
to
South
Africa,
was
reportedly
seen
as
more
of
a
diplomat
than
an
intelligence
operative.

According
to
the
Dug
Up
report,
Moyo’s
subordinates
advised
Mnangagwa
that
his
leadership
of
the
CIO
could
jeopardize
his
presidency,
and
suggested
that
Moyo
be
relieved
of
his
duties.

The
report
further
claims
that
Moyo
was
criticized
for
his
refusal
to
authorize
the
elimination
of
Chamisa
and
other
political
figures
deemed
“problematic”.

He
was
described
by
some
within
the
agency
as
“too
nice”
to
lead
the
CIO.
Reads
part
of
the
report:

As
early
as
2020,
Mnangagwa
received
reports
that
claimed
Moyo
was
a
nice
but
ineffective
DG.
One
such
report,
dated
February
15,
2021,
claimed
Moyo
had
turned
down
two
projects/operations
that
suggested
using
the
COVID-19
pandemic
as
a
smokescreen
to
kill
opposition
candidates
including
Nelson
Chamisa.

Dug
Up
understands
the
proposal
came
from
the
operative
division
of
the
CIO
and
suggested
that
the
elimination
of
opposition
actors
could
be
hidden
behind
the
pandemic.

The
DG
refused
to
authorise
the
operations.
His
juniors
wrote
a
report
saying
he
was
too
nice
to
lead
the
CIO.

Moyo
found
out
and
in
a
heated
internal
JOC
meeting
blasted
his
juniors.
Provincial
directors
who
sat
in
that
meeting
told
Dug
Up
it
was
explosive
and
Isaac’s
deputies
flat
out
told
him
“You
are
not
an
Operative.”

According
to
Dug
UP,
amongst
many
reforms
Moyo
brought
to
the
CIO,
operatives
reportedly
did
not
take
kindly
to
him
demanding
that
they
surrender
their
identity
cards
before
knocking
off
to
reduce
cases
of
abuse.

Moyo
is
also
reported
to
have
demanded
reports
for
any
case
of
excess
force
and
barred
the
carrying
of
weapons.

In
January
2025,
Mnangagwa
removed
Moyo
from
his
post
and
replaced
him
with
Fulton
Mangwanya,
who
had
been
the
Zimbabwe
Parks
and
Wildlife
Management’s
director-general
since
August
1,
2017.

ZIMSEC Sets 2025 June And November Examination Fees


In
a
notice
issued
on
Thursday,
13
February,
ZIMSEC
confirmed
that
the
fees
remain
unchanged
from
previous
sessions
and
urged
candidates
to
strictly
follow
the
registration
dates
and
deadlines
provided
by
their
schools.
ZIMSEC
said:

The
ZIMSEC
June
and
November
2025
Examination
Registrations
are
now
in
progress.
Guardians
and
Candidates
can
visit
their
nearest
School/
Centre
for
registration.

The
2025
examination
fee
for
Ordinary
Level
(per
subject)
is
set
at
US$24
in
total.
Of
this
amount,
candidates
in
public
schools,
local
authority
schools,
and
non-profit
mission
schools
will
pay
a
USD
portion
of
US$11,
while
the
government
will
subsidize
US$13.
Private
school,
college,
and
private
candidates
will
not
benefit
from
the
government
subsidy
and
will
be
required
to
pay
the
full
US$24
per
subject.

For
Advanced
Level
(per
subject),
the
2025
examination
fee
is
US$48.
Candidates
in
public
schools,
local
authority
schools,
and
non-profit
mission
schools
will
pay
a
USD
portion
of
US$22,
with
the
government
subsidizing
US$26.
Private
school,
college,
and
private
candidates
will
not
receive
the
government
subsidy
and
will
pay
the
full
US$48
per
subject.
Said
ZIMSEC:

Parents
and
guardians
are
guided
to
pay
the
fees
in
a
currency
of
their
choice.
(Rand,
USD,
or
ZWG).
For
payments
in
ZWG,
the
prevailing
interbank
USD
to
ZWL
exchange
rate
as
of
the
10th
of
March
2024,
for
the
June
session,
and
the
24th
of
March
2024,
for
the
November
session,
will
be
confirmed
by
ZIMSEC
to
all
examination
centres.

ZIMSEC
also
clarified
that
the
government
subsidy
does
not
apply
to
candidates
retaking
any
subjects,
and
the
BEAM
programme
does
not
cover
retake
examinations.

The
subsidy
is
limited
to
a
maximum
of
7
subjects
for
Ordinary
Level
candidates
and
4
subjects
for
Advanced
Level
candidates,
including
Communication
Skills.

Post
published
in:

Featured

Philadelphia Law Firms Allow For Remote Work Thanks To Eagles Super Bowl Victory Parade – Above the Law

(Photo
by
Emilee
Chinn/Getty
Images)

Football
fans
are
running
wild
through
the
streets
of
Philadelphia
today
thanks
to
the
parade
being
held
in
celebration
of
the
Eagles’
Super
Bowl
victory.
What
does
this
madness
mean
for
lawyers
who
work
in
the
City
of
Brotherly
Love?

First
and
foremost,
all
courts
within
Philly
will
be
closed,
as
well
as
government
offices
and
schools.
Thanks
to
the
heavy
congestion
on
the
parade
route,
several
law
firms
are
allowing
their
employees
to
work
remotely,
while
others
are
permitting
flexible
work
hours.
The

American
Lawyer

has
additional
details:

Kaufman
Dolowich,
Ballard
Spahr,
and
Polsinelli
are
all
among
the
firms
permitting
remote
work
on
the
day
of
the
parade,
anticipating
travel
difficulties
as
a
result
of
the
expected
crowds.

Anapol
Weiss
and
Blank
Rome
both
have
offices
located
conveniently
off
of
the
Ben
Franklin
Parkway,
providing
the
firms
and
eager
employees
a
“bird’s-eye”
view
of
the
parade
route
as
the
Eagles
make
their
way
to
the
Philadelphia
Art
Museum;
Blank
Rome
is
also
allowing
attorneys
to
work
from
home
should
they
choose
to
avoid
the
city.

Spector
Gadon
Rosen
Vinci,
meanwhile,
is
giving
its
office
employees
the
entire
day
off
on
Friday
to
attend
the
parade.

Other
firms
in
the
city
are
offering
flexible
working
hours
for
employees
looking
to
celebrate
the
Eagles.
Marshall
Dennehey
indicated
that
it
was
offering
flexible
hours
for
staff
on
parade
day,
while
Duane
Morris
is
extending
its
lunch
break
to
two
hours
on
Friday
for
attorneys
and
staff
who
would
like
to
see
the
Eagles
victory
celebration.

Duane
Morris
added
that,
although
its
Center
City
office
will
remain
open,
it
planned
on
treating
parade
day
as
a
“substantial
snowfall
day,”
meaning
that
those
who
cannot
make
it
to
the
office
will
not
be
charged
for
a
day
off.

Fly,
Eagles,
Fly!
Best
of
luck
to
any
attorneys
who
hoped
to
get
work
done
today

at
the
very
least,
think
up
a
creative
billable
code
for
watching
the
parade!


Light
Poles
Greased,
Lawyers
Going
Remote:
Philadelphia
Law
Firms
Brace
For
Eagles
Parade

[American
Lawyer]


Staci Zaretsky




Staci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

Senate Approves Controversial PVO Amendment Bill


Zimbabwean
President
Emmerson
Mnangagwa
addresses
a
press
conference
at
State
House
in
Harare,
Sunday,
Aug.
27
2023.
Authorities
in
Zimbabwe
say
President
Emmerson
Mnangagwa
has
been
re-elected
for
a
second
and
final
term.
The
Zimbabwe
Election
Commission
announced
late
Saturday
that
Mnangagwa
won
52.6%
of
the
votes
in
the
midweek
election.
(AP
Photo/Tsvangirayi
Mukwazhi)

Rights
activists
and
opposition
groups
argue
that
once
signed
into
law,
the
PVO
Bill
will
severely
restrict
the
ability
of
government
critics,
civil
society
organizations
(CSOs),
and
non-governmental
organizations
(NGOs)
to
operate
freely
in
Zimbabwe.

The
PVO
Bill
was
first
passed
by
the
Senate
in
February
2023,
but
President
Mnangagwa
referred
it
back
to
Parliament
for
reconsideration.

According
to NewsDay,
Justice,
Legal
and
Parliamentary
Affairs
Minister
Ziyambi
Ziyambi,
while
addressing
senators,
said
the
amendments
to
the
Bill,
include
the
establishment
of
a
board
to
oversee
the
registration
and
operations
of
charitable
entities
in
Zimbabwe.

The
amendments,
which
were
approved
in
the
National
Assembly,
provide
clearer
definitions
for
pre-existing
charitable
entities
and
outline
the
registration
process.

According
to
Ziyambi,
the
transitional
provision
requires
charitable
entities
to
submit
their
registration
documents
to
the
registrar
within
three
months
of
the
Act
coming
into
force.

However,
this
does
not
imply
that
entities
will
be
fully
registered
within
three
months.
Instead,
the
registrar
will
use
the
submission
date
as
the
starting
point
for
the
registration
process,
which
may
take
longer
to
complete.

Ziyambi
said
the
registrar
is
a
member
of
the
board
and
reports
to
it,
with
all
registration
matters
being
discussed
at
board
meetings
for
approval
or
further
action.

He
argued
that
the
three-month
timeline
is
reasonable,
providing
entities
sufficient
time
to
submit
applications
without
delaying
the
registration
process.

Ziyambi
also
pointed
out
that
entities
will
have
the
right
to
seek
legal
recourse
if
they
are
dissatisfied
with
any
decisions
made
during
the
registration
process.

PVOs
and
NGOs
will
be
required
to
register
with
the
Registrar’s
Office,
which
has
the
authority
to
approve,
reject,
or
grant
applications
with
limited
judicial
or
administrative
recourse
against
such
decisions.

The LSU Law School Professor Free Speech Hot Potato Saga Continues – Above the Law

This
is
what
I
get
for
assuming
that
we’d
be
done
with
this
by
now.
After
a
court

just
ordered
LSU
to
reinstate
law
professor
Ken
Levy

citing
his
free
speech
and
due
process
rights,
LSU
continued
its
strategy
of
appealing
decisions
that
aren’t
in
its
favor.
Because
why
fix
what
ain’t
broken?


The
Advocate

has
coverage:

A
state
appeals
court
has
halted
a
lower
court’s
ruling
requiring
LSU
to
return
a
tenured
law
professor
to
his
teaching
duties
after
the
university
suspended
him
from
the
classroom
in
January.

The
order
from
the
Louisiana
1st
Circuit
Court
of
Appeal came
Thursday,
just
two
days
after
state
district
Judge
Tarvald
Smith
late
Tuesday
night
signed
off
on
a
preliminary
injunction
barring
LSU
from interfering
with
Professor
Ken
Levy’s
employment.

So
much
for
that
lengthy
hypo
I
wrote
up

yesterday
.
Speaking
of
hypos

for
some
reason
Ken
Levy’s
2022
exam
questions
got
thrown
in
to
the
fray.
Jeff
Landry,
Louisiana’s
current
governor,
described
Levy’s
hypos
from
the
exam
as
“deranged”
and
“disgusting”.
No
shit

Levy
taught
a
Crim
law
course.
Did
you
expect
his
questions
to
revolve
around
fireworks,
trains,
and
jurisdictional
issues?
I
was
willing
to
cut
Landry
some
slack;

its
not
like
Louisiana
requires
governors
to
have
a
legal
training
.
Thing
is,
Landry

does
.
He
got
his
JD
from
Loyola
University
New
Orleans
College
of
Law
over
twenty
years
ago
and
the
memory
gets
fuzzy,
but
no
attorney
should
make
it
seem
to
the
non-practicing
public
that
Levy’s
exam
questions
were
out
of
the
ordinary.

Sure,
one
of
Levy’s
hypo
questions
involved
a
Republican
who
was
a
suspected
pedophile
who
recorded
children
dancing
naked,
but
hypos
often
imitate
life!
Maybe
Levy
was
inspired
by
Ben
Gibson,
a
Louisiana
republican
that
ran
against
Mike
Johnson.

He
was
arrested
and
charged
with
four
counts
of
pornography
involving
juveniles
in
2020
.
It
isn’t
that
much
of
a
stretch
to
guess
Levy
changed
a
couple
of
names
and
factual
elements
to
make
the
hypo.

Without
knowing
the
4-D
chess
moves
LSU’s
legal
team
is
making
behind
the
scenes,
all
of
this
back
and
forth
just
looks
like
a
waste
of
money.
Legal
fees
aside

and
that’s
a
big
aside

Prof.
Levy
is
still
getting
his
check
whether
or
not
he’s
in
the
classroom.


LSU
Law
Professor
Again
Barred
From
Classroom
After
Appeals
Court
Sides
With
University

[The
Advocate]


Earlier
:

Law
Professor
Ordered
Back
In
Classroom
(Again)



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
is
learning
how
to
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.

The Hidden Threat: How Fake Identities Used By Remote Employees Put Your Business At Risk—And How To Defend Against This – Above the Law



<br /> The<br /> Hidden<br /> Threat:<br /> How<br /> Fake<br /> Identities<br /> Used<br /> By<br /> Remote<br /> Employees<br /> Put<br /> Your<br /> Business<br /> At<br /> Risk—And<br /> How<br /> To<br /> Defend<br /> Against<br /> This<br /> –<br /> Above<br /> the<br /> Law


















What
information
should
you
know?

In
general,
the
scheme
involves
the
use
of
deceptive
tactics,
including
stolen
identities
and
remote
access
technology
tools,
to
secure
IT
employee
or
contractor
positions
within
US-based
employers.
The
allure
of
high
pay
for
these
roles,
coupled
with
a
comparatively
low
risk
of
detection,
makes
this
scheme
particularly
enticing
for
DPRK
operatives.
The
US
Department
of
Justice
announced
in
a
recent
court-approved
seizure
action:1


What
can
you
do
with
this
information?

We
recommend
that
companies
mitigate
this
risk
by
using
a
risk-based
approach
to:
We
invite
you
to
reach
out
to
continue
the
conversation
on
how
to
most
effectively
detect,
prevent,
and
correct
this
or
other
types
of
fraud,
cybercrime,
misconduct,
and
non-compliance.

1
https://www.justice.gov/opa/pr/justice-department-announces-court-authorized-action-disrupt-illicit-revenue-generation


Contact

Kristofer
Swanson,
CPA/CFF,
CFE,
CAMS

Vice
President
and
Practice
Leader,
Forensic
Services
+1-312-619-3313
[email protected]

Patricia
Peláez,
CPA/CFF,
CFE,
CPC,
CAMS,
CMS

Vice
President,
Forensic
Services
+1-416-323-5574
[email protected]


CRA’s
Forensic
Services
Practice

including
our
digital
forensics,
eDiscovery,
and
cyber
incident
response
lab

is
certified
under
ISO
27001:2022
standards.
The
Practice
has
been
recognized
by
National
Law
Journal,
Global
Investigations
Review,
and
ranked
by
Chambers.
CRA’s
clients
over
the
past
two
years
included
97%
of
the
AmLaw
100
law
firms,
and
82%
of
the
Fortune
100
companies.

Trump’s Lawyers Burn Down DOJ In Bonfire Of Corruption – Above the Law

(Photo
by
Angela
Weiss

Pool/Getty
Images)

The
Justice
Department
has
fallen,
and
we
can’t
even
blame
Elon
Musk
and
his
band
of
incel
code
bros.
This
assault
comes
thanks
to
President
Trump’s
personal
lawyer,
Emil
Bove,
the
dead-eyed
villain
currently
occupying
the
chair
of
deputy
attorney
general.

On
Monday,
Bove

directed

the
Southern
District
of
New
York
to
dismiss
the
bribery
and
corruption
charges
against
Mayor
Eric
Adams.
He
called
the
timing
of
the
prosecution

seven
months
before
the
primary

political
retribution
by
the
Biden
administration
for
Adams’s
critiques
of
his
fellow
Democrat’s
immigration
policies.
He
added
that
“the
pending
prosecution
has
unduly
restricted
Mayor
Adams’
ability
to
devote
full
attention
and
resources
to
the
illegal
immigration
and
violent
crime
that
escalated
under
the
policies
of
the
prior
Administration”
and
instructed
the
acting
US
Attorney
for
SDNY
to
dismiss
the
case
without
prejudice
so
that
it
could
be
revisited
after
the
November
election.

And
then
for
several
days
nothing
happened.
Or
at
least
nothing
happened
on
the
docket
besides
a
couple
of
sealed
filings
related
to
classified
evidence.

Then
yesterday
Danielle
Sassoon,
the
acting
USA,
resigned
rather
than
carry
out
Bove’s
order.

In
a
scathing

letter

to
Attorney
General
Pam
Bondi,
also
a
former
personal
lawyer
of
the
president,
she
described
an
explicit
quid
pro
quo
in
which
the
DOJ
agreed
to
dismiss
the
charges
in
exchange
for
Adams’s
abrogating
New
York’s
sanctuary
city
policies,
which
were
enacted
by
statute
in
2014.

This
is
clearly
an
abdication
of
both
the
rules
of
professional
conduct
and
the
Justice
Department
manual:

Federal
prosecutors
may
not
consider
a
potential
defendant’s
“political
associations,
activities,
or
beliefs.”
Id.
§
9-27.260;
see
also
Wayte
v.
United
States,
470
U.S.
598,
608
(1985)
(politically
motivated
prosecutions
violate
the
Constitution).
If
a
criminal
prosecution
cannot
be
used
to
punish
political
activity,
it
likewise
cannot
be
used
to
induce
or
coerce
such
activity.
Threatening
criminal
prosecution
even
to
gain
an
advantage
in
civil
litigation
is
considered
misconduct
for
an
attorney.
See,
e.g.,
D.C.
Bar
Ethics
Opinion
339;
ABA
Criminal
Justice
Standard
3-1.6
(“A
prosecutor
should
not
use
other
improper
considerations,
such
as
partisan
or
political
or
personal
considerations,
in
exercising
prosecutorial
discretion.”).
In
your
words,
“the
Department
of
Justice
will
not
tolerate
abuses
of
the
criminal
justice
process,
coercive
behavior,
or
other
forms
of
misconduct.”
Dismissal
of
the
indictment
for
no
other
reason
than
to
influence
Adams’s
mayoral
decision-making
would
be
all
three.

The

Times

reports
that
Adams,
who
is
represented
by
Elon
Musk’s
lawyer
Alex
Spiro
of
Quinn
Emanuel,
has
wooed
Trump
since
the
election.
And
Sassoon’s
letter
paints
a
picture
of
Bove
going
around
the
prosecution
team
and
working
to
keep
the
corrupt
bargain
secret

I
attended
a
meeting
on
January
31,
2025,
with
Mr.
Bove,
Adams’s
counsel,
and
members
of
my
office.
Adams’s
attorneys
repeatedly
urged
what
amounted
to
a
quid
pro
quo,
indicating
that
Adams
would
be
in
a
position
to
assist
with
the
Department’s
enforcement
priorities
only
if
the
indictment
were
dismissed.
Mr.
Bove
admonished
a
member
of
my
team
who
took
notes
during
that
meeting
and
directed
the
collection
of
those
notes
at
the
meeting’s
conclusion.

In
a

positively
unhinged
letter

to
Sassoon,
Bove
accused
her
of
professional
misconduct
and
insubordination.

“You
lost
sight
of
the
oath
that
you
took
when
you
started
at
the
Department
of
Justice
by
suggesting
that
you
retain
discretion
to
interpret
the
Constitution
in
a
manner
inconsistent
with
the
policies
of
a
democratically
elected
President
and
a
Senate-confirmed
Attorney
General,”
he
raged,
accusing
the
prosecutor
of
“endanger[ing]
the
lives
of
millions
of
New
Yorkers”
by
refusing
to
agree
to
the
deal.

“It
is
not
for
local
federal
officials
such
as
yourself,
who
lack
access
to
all
relevant
information,
to
question
these
judgments
within
the
Justice
Department’s
chain
of
command,”
he
fulminated,
adding
that
“In
no
valid
sense
do
you
uphold
the
Constitution
by
disobeying
direct
orders
implementing
the
policy
of
a
duly
elected
President,
and
anyone
romanticizing
that
behavior
does
a
disservice
to
the
nature
of
this
work
and
the
public’s
perception
of
our
efforts.”

Bove
placed
Sassoon’s
deputies
on
administrative
leave
with
no
access
to
their
office
or
email,
promised
to
investigate
everyone
involved
in
this
“insubordination,”
and
removed
the
case
to
Main
Justice.

The
edict
was
clear:
Prosecutions
are
a
political
tool,
and
anyone
who
objects
will
be
professionally
destroyed.

But
it
would
appear
that
more
than
one
lawyer
was
willing
to
take
the
risk.
Yesterday
at
least
five
other
attorneys
resigned
rather
than
carry
out
Bove’s
order,
including
John
Keller,
the
acting
head
of
the
Public
Integrity
Section,
and
Kevin
Driscoll,
the
head
of
the
Criminal
Division.
As
of
this
writing,
there
appears
to
be
no
one
willing
to
put
their
name
on
the
Rule
48
motion.

Meanwhile,
Adams
has
suddenly
decided
that
it’s

fine,
actually,

for
ICE
to

set
up
shop

at
Rikers
Island.

And
while
Spiro
immediately
released
a

statement

calling
Sassoon’s
allegations
“a
total
lie,”
his
client
was
on
Fox
with
Trump’s
official
Rage
Uncle
Tom
Homan
confirming
it.

Meanwhile,
the
Justice
Department
has
gone
from
treating
prosecutorial
independence
as
at
least
nominally
sacrosanct
to
openly
deriding
it
as
insubordination
worthy
of
termination.

W(h)ither
democracy.


United
States v. ADAMS

[Docket
via
Court
Listener]





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Trump’s Lawyers Burn Down DOJ In Bonfire Of Corruption – Above the Law

(Photo
by
Angela
Weiss

Pool/Getty
Images)

The
Justice
Department
has
fallen,
and
we
can’t
even
blame
Elon
Musk
and
his
band
of
incel
code
bros.
This
assault
comes
thanks
to
President
Trump’s
personal
lawyer,
Emil
Bove,
the
dead-eyed
villain
currently
occupying
the
chair
of
deputy
attorney
general.

On
Monday,
Bove

directed

the
Southern
District
of
New
York
to
dismiss
the
bribery
and
corruption
charges
against
Mayor
Eric
Adams.
He
called
the
timing
of
the
prosecution

seven
months
before
the
primary

political
retribution
by
the
Biden
administration
for
Adams’s
critiques
of
his
fellow
Democrat’s
immigration
policies.
He
added
that
“the
pending
prosecution
has
unduly
restricted
Mayor
Adams’
ability
to
devote
full
attention
and
resources
to
the
illegal
immigration
and
violent
crime
that
escalated
under
the
policies
of
the
prior
Administration”
and
instructed
the
acting
US
Attorney
for
SDNY
to
dismiss
the
case
without
prejudice
so
that
it
could
be
revisited
after
the
November
election.

And
then
for
several
days
nothing
happened.
Or
at
least
nothing
happened
on
the
docket
besides
a
couple
of
sealed
filings
related
to
classified
evidence.

Then
yesterday
Danielle
Sassoon,
the
acting
USA,
resigned
rather
than
carry
out
Bove’s
order.

In
a
scathing

letter

to
Attorney
General
Pam
Bondi,
also
a
former
personal
lawyer
of
the
president,
she
described
an
explicit
quid
pro
quo
in
which
the
DOJ
agreed
to
dismiss
the
charges
in
exchange
for
Adams’s
abrogating
New
York’s
sanctuary
city
policies,
which
were
enacted
by
statute
in
2014.

This
is
clearly
an
abdication
of
both
the
rules
of
professional
conduct
and
the
Justice
Department
manual:

Federal
prosecutors
may
not
consider
a
potential
defendant’s
“political
associations,
activities,
or
beliefs.”
Id.
§
9-27.260;
see
also
Wayte
v.
United
States,
470
U.S.
598,
608
(1985)
(politically
motivated
prosecutions
violate
the
Constitution).
If
a
criminal
prosecution
cannot
be
used
to
punish
political
activity,
it
likewise
cannot
be
used
to
induce
or
coerce
such
activity.
Threatening
criminal
prosecution
even
to
gain
an
advantage
in
civil
litigation
is
considered
misconduct
for
an
attorney.
See,
e.g.,
D.C.
Bar
Ethics
Opinion
339;
ABA
Criminal
Justice
Standard
3-1.6
(“A
prosecutor
should
not
use
other
improper
considerations,
such
as
partisan
or
political
or
personal
considerations,
in
exercising
prosecutorial
discretion.”).
In
your
words,
“the
Department
of
Justice
will
not
tolerate
abuses
of
the
criminal
justice
process,
coercive
behavior,
or
other
forms
of
misconduct.”
Dismissal
of
the
indictment
for
no
other
reason
than
to
influence
Adams’s
mayoral
decision-making
would
be
all
three.

The

Times

reports
that
Adams,
who
is
represented
by
Elon
Musk’s
lawyer
Alex
Spiro
of
Quinn
Emanuel,
has
wooed
Trump
since
the
election.
And
Sassoon’s
letter
paints
a
picture
of
Bove
going
around
the
prosecution
team
and
working
to
keep
the
corrupt
bargain
secret

I
attended
a
meeting
on
January
31,
2025,
with
Mr.
Bove,
Adams’s
counsel,
and
members
of
my
office.
Adams’s
attorneys
repeatedly
urged
what
amounted
to
a
quid
pro
quo,
indicating
that
Adams
would
be
in
a
position
to
assist
with
the
Department’s
enforcement
priorities
only
if
the
indictment
were
dismissed.
Mr.
Bove
admonished
a
member
of
my
team
who
took
notes
during
that
meeting
and
directed
the
collection
of
those
notes
at
the
meeting’s
conclusion.

In
a

positively
unhinged
letter

to
Sassoon,
Bove
accused
her
of
professional
misconduct
and
insubordination.

“You
lost
sight
of
the
oath
that
you
took
when
you
started
at
the
Department
of
Justice
by
suggesting
that
you
retain
discretion
to
interpret
the
Constitution
in
a
manner
inconsistent
with
the
policies
of
a
democratically
elected
President
and
a
Senate-confirmed
Attorney
General,”
he
raged,
accusing
the
prosecutor
of
“endanger[ing]
the
lives
of
millions
of
New
Yorkers”
by
refusing
to
agree
to
the
deal.

“It
is
not
for
local
federal
officials
such
as
yourself,
who
lack
access
to
all
relevant
information,
to
question
these
judgments
within
the
Justice
Department’s
chain
of
command,”
he
fulminated,
adding
that
“In
no
valid
sense
do
you
uphold
the
Constitution
by
disobeying
direct
orders
implementing
the
policy
of
a
duly
elected
President,
and
anyone
romanticizing
that
behavior
does
a
disservice
to
the
nature
of
this
work
and
the
public’s
perception
of
our
efforts.”

Bove
placed
Sassoon’s
deputies
on
administrative
leave
with
no
access
to
their
office
or
email,
promised
to
investigate
everyone
involved
in
this
“insubordination,”
and
removed
the
case
to
Main
Justice.

The
edict
was
clear:
Prosecutions
are
a
political
tool,
and
anyone
who
objects
will
be
professionally
destroyed.

But
it
would
appear
that
more
than
one
lawyer
was
willing
to
take
the
risk.
Yesterday
at
least
five
other
attorneys
resigned
rather
than
carry
out
Bove’s
order,
including
John
Keller,
the
acting
head
of
the
Public
Integrity
Section,
and
Kevin
Driscoll,
the
head
of
the
Criminal
Division.
As
of
this
writing,
there
appears
to
be
no
one
willing
to
put
their
name
on
the
Rule
48
motion.

Meanwhile,
Adams
has
suddenly
decided
that
it’s

fine,
actually,

for
ICE
to

set
up
shop

at
Rikers
Island.

And
while
Spiro
immediately
released
a

statement

calling
Sassoon’s
allegations
“a
total
lie,”
his
client
was
on
Fox
with
Trump’s
official
Rage
Uncle
Tom
Homan
confirming
it.

Meanwhile,
the
Justice
Department
has
gone
from
treating
prosecutorial
independence
as
at
least
nominally
sacrosanct
to
openly
deriding
it
as
insubordination
worthy
of
termination.

W(h)ither
democracy.


United
States v. ADAMS

[Docket
via
Court
Listener]





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.