Morning Docket: 10.11.19

(Photo by Spencer Platt/Getty Images)

* “I don’t know them, I don’t know about them, I don’t know what they do. I don’t know, maybe they were clients of Rudy’s. You’d have to ask Rudy.” President Trump is trying his hardest to distance himself from Igor Fruman and Lev Parnas, Rudy Giuliani’s recently arrested associates. He may have been in pictures with them, though, and his son might have as well. Oopsie. [The Hill]

* “Together, we will blow our whistles against Barr, President Trump, and their enablers in Congress.” AG Bill Barr is scheduled to speak today at Notre Dame Law on “religious freedom,” and protesters are expected to be there, where they’ll literally be blowing whistles. [South Bend Tribune]

* Years after his brutal murder, the Dan Markel case is finally in the hands of a jury. Luis Rivera has already taken a deal, but will Katherine Magbanua and Sigfredo Garcia be found guilty? [Tallahassee Democrat]

* Minnesota Law is celebrating its largest first-year class in about a decade. The school, which is ranked 20th by U.S. News now has reliable employment statistics for graduates, has been recovering from the recession’s effects on law school enrollment. [Minnesota Daily]

* In case you missed it, Kim Kardashian West is trying to help Brendan Dassey of “Making a Murderer” in his quest to receive clemency from Wisconsin Governor Tony Evers. Per Gov. Evers, “Brendan’s case will be given the same thoughtful review and consideration as any other case.” [Esquire]

* Sign up here if you’d like to take part in a conversation between best-selling author John Grisham and former U.S. attorney Preet Bharara (S.D.N.Y.). I’ll be there to cover the event for Above the Law, and I hope to see you there. [TimesTalks]


Staci ZaretskyStaci 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 Twitter or connect with her on LinkedIn.

Zimbabwe’s ‘end of an error’ – The Zimbabwean

FILE — In this Friday, Nov. 17, 2017 file photo, Zimbabwe’s President Robert Mugabe officiates at a student graduation ceremony at Zimbabwe Open University on the outskirts of Harare, Zimbabwe. On Friday, Sept. 6, 2019, Zimbabwe President Emmerson Mnangagwa said his predecessor Robert Mugabe, age 95, has died. (AP Photo/Ben Curtis, File)

The ringtone signalled that messages were pouring into a WhatsApp group that was usually very quiet. One glance at the screen confirmed it — “this death is going to happen exactly the way I had been hoping to avoid,” I thought before frantically starting a long flurry of calls.

The death in question was that of Robert Mugabe, the liberator-turned-despot founding father of independent Zimbabwe, where I was born and raised. As a Zimbabwean and a journalist who has been working in the region for more than 20 years, Mugabe has been a fixture of my life. I started my journalism career when he had already been in power for a decade.

The death of a major figure like Mugabe is something journalists like me prepare for, especially if the figure is getting on in years. Obituaries and angled stories prepared well in advance were dusted off and refreshed every time he went abroad for medical treatment.

I spent countless hours trying to anticipate how the news of his death would come and breathed a sigh of relief when he was unexpectedly driven from power two years ago. I had always dreaded him dying in office — in this scenario, the news of his death would probably dribble out on social media as rumors, leaving me in the nightmare position of trying to get someone from officialdom to confirm it. With him out of office, I thought, the news of his passing would surely be announced officially.

Turned out I was wrong.

While I was in that shower, our fact-checker alerted us that there were murmurs on social media that Mugabe, 95, had died in Singapore where he often went for medical treatment. By the time I stepped out of my bath, our office WhatsApp group dedicated to news of him and that had been very quiet for months, was crackling with messages like a popcorn maker. I began frantically dialling, trying to confirm the passing.

I got through to two of his close associates, who told me that he was dead, but refused to go on the record. You can’t announce someone’s death based on unnamed sources, so I kept trying. In between the phone calls and texts to officials and his family, and calls from the editor on duty in Paris, my colleague who was already in the bureau saw the tweet from Mugabe’s successor, announcing the news.

The story was out. I could finally leave my house and got to the office, beating the Johannesburg morning rush traffic. As I prepared to fly to Harare, I was struck by the fact that there was hardly any public reaction back home to the death. Aside messages of condolences from prominent faces and tweets from some individual Zimbabweans, no-one seemed to publicly mourn the passing of the founding father of independent Zimbabwe.

Maybe too early, I thought.

I landed in Harare early evening. The city was going about its business as if nothing had happened. Supermarkets, bars and nightclubs were open, I got stuck in the early evening traffic gridlocks of downtown Harare while driving from the airport. There was no outpouring of emotion on the main streets of the capital. State TV ran programmes devoted to him, but other  TV programming went ahead as scheduled.

Tomorrow, I thought to myself. Tomorrow I’ll find some outpouring of grief… or relief…. or something.

The next day I walked around the streets for hours, but the only sign that I could see that there had been a death of a prominent person was the flags that flew at half mast. No-one — not even top government officials –seemed to have cancelled their planned Saturday parties or weddings. It was business as usual.

The majority of Zimbabweans — who are bearing the brunt of  Mugabe’s economic legacy that saw one of Africa’s most prosperous countries dive into ruin — were too busy with the daily grind of trying to put food on the table. One of the many people I spoke to said he’d be happy to toast to the death but was too broke to afford even a pint of beer, let alone champagne.

I found that most people couldn’t care less that he had died. As one colleague commented immediately afterward — Mugabe’s death was an “end of an error.”

I myself had mixed feelings. On the one hand, I could understand the barely lukewarm reaction from ordinary Zimbabweans to his death. On the other hand, I had been preparing for this death for years and this was turning out to be….. quite anticlimactic.

The main memorial service was held at the giant China-built National Sports Stadium in Harare. But it was barely half full. I expected a bit more people.

The few who did attend were very vocal, as they reminisced about the bad Mugabe days, but insisted that those were better than the ones under his successor. Another group chanted pro-opposition slogans from the bleachers.

But while the whole scene was anticlimactic, it didn’t lack for drama.

Mugabe’s family started off by snubbing the government, saying they wanted him buried in his natal village in Zvimba, since he was the paramount tribal chief there. Eventually, they gave in and agreed that Mugabe would be buried at the National Heroes Acre, a shrine in the capital, where he himself had presided over dozens of funerals of independence war guerrillas.

I vividly remember how livid he would get at each eulogy or in his annual heroes commemorative speeches – launching blistering attacks on his political opponents, activists and Western governments. His speeches were generally lively, but he got especially animated whenever he spoke at the Heroes Acre.

“Those who were hurt by defeat can go hang if they so wish. If they die, even dogs will not sniff at their corpses. Never will we go back on our victory. We are delivering democracy on a platter. We say take it or leave it!” he shouted, in remarks aimed at his then opponent Morgan Tsvangirai, weeks after the 2013 disputed elections, the last ones he contested. During the next elections five years later, after having been toppled from power, he was bitter, vowing to vote for the opposition rather than for the people who “tormented” me. He took his bitterness to the grave.

His funeral didn’t take place until three weeks after his death, a rather long wait to bury the dead in Zimbabwe, where funeral vigils last on average three days. During those weeks, his body was never kept in a morgue, but either at his Harare house or the rural Zvimba village, waiting for the construction of a special monument that the government had hoped to turn into a tourist attraction.

But that was not to be. Shortly after construction of the monument began, there came a surprise announcement — Mugabe would be buried at a private ceremony in his home village after all. His family argued that Mugabe had not wanted to be buried in Heroes Acre because he had been ridiculed by his onetime allies. So the founder of Zimbabwe was laid to rest without a red carpet ceremony or an expensive casket and a heavily fortified grave.

The ceremony, in the courtyard of his rural home, could have easily passed for that of an ordinary Zimbabwean — a couple of hundred mourners, none of them senior government officials. Defense Minister Oppah Muchinguri Kashiri later said “it was sad” that he had been buried in a private lot that members of the public were unlikely to ever access.

I had came to Harare expecting to see vivid emotion and to bury the man who set Zimbabwe free and then drove its economy and freedoms into the ground. Three weeks later, I left a country that didn’t really care and funeralled-out from all the machinations about his burial.

He may be gone, a little forgotten, but Zimbabweans are still waiting to shake off the legacy of the economy that he drove into the ground and that his successor appears to be struggling to revive.

It may be a long wait.

This blog was written with Yana Dlugy in Paris.

Zimbabwe Wheat Output to Plunge Further on Power Cuts

Post published in: Featured

Zimbabwe Wheat Output to Plunge Further on Power Cuts – The Zimbabwean

Zimbabwe’s wheat crop will probably plummet by about two thirds from last season thanks to a combination of the worst drought in almost 40 years and a severe power shortage that has crippled irrigation, according to an industry official.

“We are going to be producing around 60,000 tons this year because of the power cuts,” Graeme Murdoch, the vice chairman of the National Wheat Contract Farming Committee, said in a phone interview. Last year the country produced about 160,000 tons of the grain.

The southern African nation relies on hydropower from the Kariba plant for about half of its needs, but output has dropped to 190 megawatts compared with its 1,050 megawatt capacity as the dam’s water level has dwindled. Besides daily power cuts of as long as 18 hours, the amount of irrigable land for the winter crop is now just 28,000 hectares compared with a targeted 75,000 hectares, Murdoch said.

While the government initially granted private importers permission to buy 100,000 tons of the grain before a directive making state-owned Grain Marketing Board the sole importer of wheat is implemented, it also almost doubled the farmgate price of corn and wheat. The country needs to import 375,000 tons to meet national demand of 450,000 tons, according to the Ministry of Agriculture.

Could Zimbabwe really be heading for a mass starvation? – The Zimbabwean

There was one particular rumour that rocketed around the city of Harare this week.

It was a scrap of information, shared on the streets and on social media, which speaks volumes about the desperate state Zimbabweans now find themselves in.

The word was, staff at a government office had started printing Zimbabwean passports.

Queues for a passport in Zimbabwe

A massive queue, thousands of people long, formed in the early morning light as residents of the capital grasped the opportunity to get their travel papers. If there is a communal dream in this beleaguered nation, it generally involves leaving it – to find food, work and a little stability abroad.

Unsurprisingly, their hopes were dashed. Members of the queue were told to come back later in the month “for an assessment of the reasons why you need to travel”.

The fact is, civil servants cannot produce passports because the government cannot afford to pay for the paper and ink. The country’s registrar general, Clemence Masango, recently admitted to a whopping backlog of 370,000 passports.

Nor is Mr Masango likely to get the supplies he needs because this crisis-ridden government is not governing and the economy has virtually collapsed.

Stadium 'only a quarter full' for Robert Mugabe's state funeral

Stadium ‘only a quarter full’ for Robert Mugabe’s state funeral

Large parts of the stadium remained empty as African leaders came to pay their respects to former president Robert Mugabe

Inflation is running at more than 300% and the Zimbabwean dollar, introduced last year to restore “normality”, has lost more than half its value. The country suffers from rolling electricity blackouts and water and food shortages. Government hospitals barely function and doctors have been on strike for nearly a month.

“The country is basically falling apart,” said one man, called Norman, outside the passport office. “You want fuel? Well you won’t get it. Want to buy a chicken? That will cost you half a civil servant’s monthly salary. It can’t go on like this.”

It is a sentiment that just about every Zimbabwean agrees with – including the country’s president, Emmerson Mnangagwa, who described the economy as “dead” in a speech last week. But activists and international aid officials fear the economic meltdown could lead to something even worse – mass starvation.

“Look around you,” said one NGO official. “We are dying a slow death here. People can’t buy anything. People are getting slimmer.”

According to documents prepared by international aid agencies and seen by Sky News, Zimbabwe now faces its “worst ever hunger crisis” – an emergency caused by severe drought and compounded by government mismanagement.

'Don't judge him harshly': Zimbabwe's former leader Robert Mugabe is buried

‘Don’t judge him harshly’: Zimbabwe’s former leader Robert Mugabe is buried

After debate about where he should be buried, Zimbabwe’s longtime authoritarian leader is laid to rest

More than two thirds of the rural population (5.6 million people) will experience “crisis” levels of food insecurity by January according to experts, as the country heads into the six-month “lean” period before the next harvest.

Aid agencies are also worried about people starving in the cities. Officials are conducting nutritional surveys in places like Harare for the first time in history, as residents complain of 400% increases for basic staples like maize.

“We really don’t know what is going to happen,” said one senior aid official speaking to Sky News. “By the end of November, the government will run out of grain and they (do not have the funds to) buy anymore.”

The World Food Programme is trying to secure £153m from donors to feed two million people into the next year.

But this crisis will ask more of the people who run this country – like Mr Mnangagwa.

Many Zimbabweans doubt his ability to provide even the most basic assistance.

Provided with a passport, the majority would surely leave.

‘It’s a nightmare’: Zimbabwe struggles with hyperinflation – The Zimbabwean

A woman does a quick calculation on her phone before buying groceries at a shop in Harare, in this Wednesday, Oct, 9, 2019 photo. Hyperinflation is changing prices so quickly in the southern African nation that what you would see displayed on a supermarket shelf might change by the time you reach the checkout. (AP Photo/Tsvangirayi Mukwazhi)

Hyperinflation is changing prices so quickly in Zimbabwe that what you see displayed on a supermarket shelf might change by the time you reach the checkout.

“It is a nightmare,” Macheku said. “I can’t plan.”

Before a coup unseated the late president Robert Mugabe in late 2017, Macheku could afford all his family’s basics on his salary, which equals about $24. Now the same amount can hardly buy 4 kilograms (8.8 pounds) of beef.

He ended up buying chicken skin for his family’s supper. “I cannot afford the actual chicken,” he said. It is the closest his family gets to eating meat.

Zimbabwe now has the world’s second highest inflation after Venezuela, according to International Monetary Fund figures. The southern African nation went through this a decade ago but says there is no getting used to it, and coping has become both creative and desperate.

This time Zimbabwe’s economy has been on a downward spiral for more than a year as hopes fade that Mugabe’s successor and former deputy, President Emmerson Mnangagwa, will deliver on his promises of prosperity.

“Anyone who thinks a solution is in sight must be very brave,” said economist John Robertson in the capital, Harare. “Government officials don’t want to admit the real causes and don’t want to fix the real problems. People should brace for worse.” He said the real causes include the government spending beyond its means.

To shop, money alone is no longer enough. Calculators, mobile phones and notebooks have become necessary tools. In one sparsely attended groceries wholesaler, there were more people taking pictures of price stickers than those picking items from shelves.

“I sent the pictures to my husband. We have to decide fast before the prices go up again,” said one shopper, Marianne Hove. “He is in another supermarket sending me pictures of the prices there. We compare and decide which items to buy and from where.”

Others did quick calculations and called home to confirm items to buy.

In other shops, prices are only available at the checkout – and even then the cashier might stop a customer mid-payment to change prices.

Retailers said they would go out of business if they don’t adjust prices frequently.

“It is becoming increasingly impossible to appropriately price goods. The replacement value has been our Achilles heel,” said Denford Mutashu, president of the Confederation of Zimbabwe Retailers.

The situation is “synonymous with hyperinflation” even though the government statistics office has stopped publishing annual inflation data, Mutashu said.

Some businesses are closing while others are limiting their product range to reduce risk, he said.

Prices in Zimbabwe are changing faster than at any point in a decade. In 2009, the country’s currency collapsed under the weight of hyperinflation. The government then adopted a multi-currency system dominated by the dollar.

This year the government outlawed the use of foreign currencies, part of frequent and sometimes confusing changes to the country’s complicated monetary framework.

The local currency has been rapidly devaluing, “fostering high inflation, which reached almost 300 percent in August,” the IMF said after a review mission last month.

Weakening confidence, policy uncertainty and a continuation of foreign currency market distortions are exerting pressure on the exchange rate, the IMF added, while a severe drought and foreign debt hampering Zimbabwe’s access to external funding have impacted the economy hard.

Most businesses import products from abroad due to the collapse of local industry. Foreign currency shortages and rapid devaluation of the local currency are hard on both businesses and customers.

Zimbabwe’s president, Mnangagwa, continues to appeal for more time.

“Getting the economy working again from being dead will require time, patience, unity of purpose and perseverance,” he said in a state of the nation address on Oct. 1.

Like Mugabe, the president largely blames U.S. sanctions for the crisis, while the U.S. points out that the sanctions don’t target the government but selected officials, including Mnangagwa himself, over past alleged human rights abuses.

The patience of many Zimbabweans is wearing thin, considering the lengths they are going to cope.

“We cannot continue to live like this. Why did they remove Mugabe if they had no solutions?” said Harare resident Praise Sibanda.

“We are tired of 001,” she said, using the local slang for the growing trend of families resorting to a single meal a day.

Some innovative vendors have begun repackaging items such as cooking oil into sachets small enough to prepare a single meal.

According to the Consumer Council of Zimbabwe, people are increasingly using such sachets known as “tsaona,” a word in the local Shona language that means “accident.”

Bindura councillor pleads not guilty in trial over anti-Mnangagwa slur – The Zimbabwean

President Emmerson Mnangagwa

A BINDURA man on Wednesday 9 October 2019 pleaded not guilty to charges of disorderly conduct as his trial for allegedly stating that President Emmerson Mnangagwa is liable for causing the suffering that
citizens are currently enduring and for authoring the country’s economic crisis.

Brian Kembo, a resident of Bindura in Mashonaland Central province, who is also a Councillor for
Ward 3 appeared before Magistrate Maria Musika who presided over his trial on Wednesday 9 October
2019.

During the trial, prosecutors alleged that the 36-year-old Kembo, who is represented by Idirashe Chikomba of Zimbabwe Lawyers for Human Rights (ZLHR) engaged in disorderly conduct when he allegedly stated that several people in Zimbabwe were stressed owing to President Mnangagwa’s failure to fix the country’s economic crisis after winning the 2018 presidential election.

The prosecutors claimed that Kembo boarded a commuter omnibus on 24 October 2018 in Bindura where during a conversation with another resident he blamed President Mnangagwa for failing to alleviate the current economic crisis, which has led to price hikes of basic commodities in the country.

Two witnesses have testified against Kembo, who returns to court on Thursday 24 October 2019, when
Magistrate Musika is expected to hand down her ruling on his application for discharge at the close of the prosecution case.

Meanwhile, Bindura Magistrate Langton Ndokera on Tuesday 8 October 2019 set free Saymore
Mashorokoto who had been on trial on charges of disorderly conduct for allegedly telling Tichaona
Svinurai, a fellow resident that President Mnangagwa had dismally failed to revive the country’s political and economic fortunes and that he should hand over power to opposition MDC Alliance party leader Nelson Chamisa.

During trial, prosecutors said the the 45 year-old Mashorokoto, who was charged with contravening section 41(b) of the Criminal Law (Codification and Reform) Act, had acted in a disorderly conduct and had used threatening, abusive, or insulting words intending to provoke a breach of the peace or realising that there was a real risk or possibility that a breach of the peace may be provoked.

But Magistrate Ndokera acquitted Mashorokoto, who was represented by Tinomuda Shoko and Blessing
Nyamaropa of ZLHR, after ruling that the evidence presented in court during the trial by the State does not warrant a conviction.

Magistrate Ndokera ruled that there was no evidence presented in court to corroborate the testimony of the witness who testified in court against Kembo.

Magistrate Ndokera also stated that before bringing such cases as Kembo’s to court, the complainant and
ZRP should seriously consider the impact they pose to the country.

Activists’ closed-minded attitudes are destroying Zimbabwe
SADC/AU get this through your heads – sanctions not responsible for our suffering in Zimbabwe

Post published in: Featured

Neuberger Berman, Saba Capital Disagree On Definition Of ‘Winning’

You’d think it wouldn’t matter, given that both agree on the practical implications, but the hedge fund hopes the SEC sees it differently.

They Didn’t Teach This in Law School: Interviewing Clients Who Have Experienced Trauma

Client relations is one of the most important – and difficult – aspects of lawyering, and when your clients have experienced serious trauma, you need to bring your full set of tools to the table. You need to navigate boundaries and potential triggers carefully, while also getting all the information you need to build your case and advocate for your client. Check out the following tips from Best Practices for Interviewing Traumatized Clients to help you navigate this sensitive process and grow as an attorney.

Understand how trauma manifests. Trauma can cause significant changes to the brain. From altering memories to causing someone to relive a traumatic event, trauma causes the brain to rewire itself.

Believe your clients. Members of marginalized groups (such as non-citizens and LGBTQ individuals) have frequently been mistreated by state institutions and are rightfully afraid – not just paranoid. Remember that trauma is a subjective experience – a single sexual assault may be just as traumatic as serial abuse. This is about the client’s personal experience – not an attorney’s opinion.

Make your client comfortable. This is key to a successful interview. A few tips: Let the client know about any security check procedures in the building beforehand. Create a space that feels safe – ensure that there is a visible exit in the room. Provide gum or mints and water. For LGTBQ clients, let them know if there will be gender neutral bathrooms available.

Prepare your interview questions with trauma in mind. Acknowledge that some of the questions you ask will be “stupid.” Don’t apologize more than twice – this can make clients feel like they have to make you feel better. Find ways to ask about trauma indirectly (for example, don’t ask “Are you a victim of domestic abuse?” but instead “How was your life growing up? Were there any windows in your room? Were you allowed to use the bathroom when you wanted?”). Don’t ask for specific dates – these are hard to remember – but about the season or holiday. Educate yourself on what being transgender means before you interview a transgender client. Make small talk. Say thank you.

Take care of yourself. Many attorneys will suffer from vicarious trauma – constant exposure to clients’ trauma can cause attorneys to experience similar symptoms. To combat this, count your wins. Send dog videos and memes to your friends. Remember how vital this kind of work is.

For more tips like this, check out What Lawyers Need to Know About Representing Clients Affected by Trauma.

*This article was prepared with assistance from Tamanna Saidi, a pre-law sophomore at Baruch College in New York City.