Trump Judge Makes Jurisdictional Ruling Against Trump

(Photo by Spencer Platt/Getty Images)

Another day, another court loss for Donald Trump in his ongoing attempts to shield his tax returns from lawful subpoenas.

In the gallery of epic benchslaps Trump has received from federal courts (so far my favorite is still the 75-page smackdown from U.S. District Judge Victor Marrero), the beating administered to Trump today is pretty tame. U.S. District Court Judge Carl Nichols kicked one of Trump’s arguments about the laws passed in New York regarding tax returns from his court in D.C. It was purely a jurisdictional ruling. Here’s the conclusion from the ruling:

Based on the current allegations, Mr. Trump has not met his burden of establishing personal jurisdiction over either of the New York Defendants. The Court therefore need not reach the question of proper venue. Accordingly, the New York Defendants’ Motion to Dismiss is GRANTED, and Mr. Trump’s Amended Complaint is DISMISSED without prejudice as to them. Mr. Trump may press his claims against the New York Defendants in this Court should future events support the exercise of personal jurisdiction over them, or he may opt to pursue those claims in an appropriate forum.

Trump’s legal arguments are almost always wrong and usually offensively bad. This one is no different. There was literally no reason for him to bring this suit in D.C., and Judge Nichols said so.

The only interesting thing here is that Nichols falsified records and switched the samples to bring you Provasic. Just kidding, that was Dr. Charles Nichols, not Judge Carl Nichols. But Judge Nichols is notable for being a judge appointed by Trump. Most of Trump’s federal losses are handed to him by judges who were appointed by other presidents. Nichols was confirmed this past May. Having one of Trump’s crazy and stupid arguments kicked by a fresh-faced Trump judge is not something we’ve seen before.

That’s probably also why Nichols’s decision was so openly begging Trump’s lawyers to refile in New York. But, I don’t think it will do much good in New York as the Second Circuit has already weighed in on the dumbass arguments Trump is making up there.

We’re all just waiting for the administration to ask different Trump judges — Neil Gorsuch and alleged attempted rapist Brett Kavanaugh — to bail him out.


Elie Mystal is the Executive Editor of Above the Law and a contributor at The Nation. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

If You Try To SLAPP John Oliver, You Best Not Miss

HBO’s Last Week Tonight and its host, John Oliver, have been in a years-long litigation battle with coal magnate, Bob Murray. Earlier this year, Murray finally removed his lawsuit, which allowed Oliver to go full anti-SLAPP on his show:

It’s a pretty epic response. Oliver explains why we need federal anti-SLAPP laws, while also torturing Murray with jokes knowingly crafted to comport with all defamation standards. Lawyers will note how many times Oliver says “I would argue” in the segment, a turn of phrase that is not natural to Oliver’s show yet is dutifully repeated throughout. It’s funny, but it’s also an important piece about how people like Murray use frivolous lawsuits to chill free speech and journalism.

I didn’t really laugh, though. Without the protection of federal anti-SLAPP legislation, or HBO’s bankroll, I live in near constant fear of people like Bob Murray. It’s cathartic to make fun of them, but ultimately they’re winning. The law has not kept up with the strategy of quelling journalism through lawsuits. Oliver can say, “Come at me, bro.” I can’t risk that heat.


Elie Mystal is the Executive Editor of Above the Law and a contributor at The Nation. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

What Is Your Conversion Rate?

We’ve heard the story so many times. Many potential clients ask questions and, seemingly, are looking for free legal advice. But not all of them. In fact, most of them are genuinely seeking legal counsel. But how do you know who is ready to hire?  Well, the first step is actually responding to them.

Remember, for most people, legal matters can feel overwhelming. And technology is making it increasingly simple to research law firms online. So the initial interaction can be quite impersonal. The trick is to bridge the electronic gap and try to build rapport with these potential clients. In this infographic, you will get some tips on how to do just that. Whether it’s now or later, give these potential clients a reason to engage your firm. And, even better, give you a positive online review and refer your firm to others, too. Technology is a method to connect people, but not a real connection.

Appellate Judge Swears In New Lawyer Mom While Bouncing Toddler On His Hip

(Juliana Lamar, a recent graduate of Belmont University College of Law, interned with Dinkins during her first year of law school, and was mentored by him as a 2L. Sarah Martin, one of Lamar’s law school classmates, filmed the swearing-in ceremony, and noted that not only did her friend gave birth to her son during their third year, but that she was a “badass” who was “back at school within a week of an emergency c-section before she was even allowed to drive or climb stairs.” Congratulations!)


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 Twitter or connect with her on LinkedIn.

Questions For The Next Democratic Debate

(Photo by Drew Angerer/Getty Images)

I’m getting tired of listening to the same old questions asked of the candidates during the Democratic primary debates:

“Could you please squabble some more about health care?”

“Could you please try to outdo each other on climate change?”

“Could you please rant about the need to get money out of politics?”

Let’s try some new ones:

“Do you promise that you will appoint no political ambassadors, and all of your ambassadors will come from the ranks of career foreign service officers?”

This has been a hot issue lately, and it’s surely worth asking about.

A few of the candidates might jump at the chance to make this commitment.  That would be interesting.

Several of the candidates will insist that they don’t take money from the wealthy, so there’s no chance that they’d appoint political donors as ambassadors.  Fair enough.  (They’d probably appoint their brothers-in-law, but that’s another story.)

Surely a few of the candidates would insist that there’s a need for political ambassadors, because every once in a while you get a good one.  For those candidates, the questioner should follow up:  “Yeah, but you get about one good ambassador out of a hundred from among political appointees and one good ambassador out of two when you pick from among career diplomats.  Why not take my pledge and increase the odds that you’ll have decent appointees?”

However you feel about the issue, you’d probably be interested in the discussion.

Next question:

“We hear an awful lot about ‘white privilege’ these days.  What about ‘political privilege’?  Should the relatives of politicians be given jobs for which they’re not qualified simply because of nepotism?  If you agree that this is wrong, can you give a few examples of unqualified people who’ve been the beneficiaries of ‘political privilege’?”

That’s probably too easy for most of the candidates.  They’d agree that people shouldn’t get jobs for which they’re not qualified and, because the debates are among Democrats, they’d all rail about the president’s children.  The questioner shouldn’t accept that:  “Can you give any examples of relatives of Democratic politicians who’ve gotten advantages because of familial relationships?”

This starts to get interesting.  Joe Biden is put to the test.  Does anyone care to go after the Clintons, whose daughter is getting vast publicity for her new book because of the identity of her co-author?  (Would the child of Joe Bag-o’-Donuts get the same publicity for the child’s book?  Or is co-authoring a book the sort of advantage that the children of politicians legitimately get, unlike jobs?)  Would anyone care to reach back in history and think about one particular appointment made after the 1960 election?  Any other historical examples?  This is a real chance to show knowledge, and guts, for candidates who possess one of those things.

Last question for the candidates:

Did you know that today was the ninth anniversary of Mark Herrmann’s column at Above the Law?

The candidates would certainly be shocked:  “Has it really been that long?  It feels like only yesterday.”  “That’s 550 columns!  Truly remarkable!”  “He ran out of things to say in 2012; why’s he keep writing the damn thing?”  And so on.

But surely those candidates, like you, would be tempted to click on this column and celebrate with me.

Not only that — this column had a smidgen of substance, unlike my previous birthday columns, which were designed solely as clickbait.

Anyway, as long as you’re here, I’ll remind you to read my cutest column of all time:

Things My Son Said . . . ”

(Although the little turd’s now in a pediatric critical care fellowship.  Eight years will do that to a guy.)

And read the first honest advice you’ll get about whether blogging yields business for a lawyer at a large firm, from a guy who blogged at a large firm before moving in-house:

Blogging For Business Development.

(I’ve re-titled that one for today’s purpose.  You get wiser as the years pass.)

Or how about advice on business development generally, from someone who actually attracted a little business before going in-house:

Building A Practice:  A Case Study.

Or how about the 547 other little ditties that have appeared in this space across the years?

550 columns.  Nine years.  Heaven help me.

Ah, well.  Another year gone by.  Another clickbait scam to entice others to celebrate my anniversary with me.  Another slice of cake.

And another thank you for have followed along for all this time.

Celebrate with me!  And remember:  Drink responsibly.


Mark Herrmann spent 17 years as a partner at a leading international law firm and is now deputy general counsel at a large international company. He is the author of The Curmudgeon’s Guide to Practicing Law and Inside Straight: Advice About Lawyering, In-House And Out, That Only The Internet Could Provide (affiliate links). You can reach him by email at inhouse@abovethelaw.com.

Prosecutors Decide Against Reliving SAC-Smashing Glory Days

Richard Lee will not have to explain his earlier guilty plea to a jury.

Morning Docket: 11.11.19

* Settlement talks are underway to break up Cellino & Barnes into two separate firms. No news yet on which firm will keep the infamous jingle. [Buffalo News]

* A winner has finally been declared in the close San Francisco District Attorney race. [Washington Post]

* Woody Allen has ended his year-long lawsuit against Amazon involving Amazon canceling projects with Allen over #MeToo allegations. [New York Times]

* A North Carolina attorney has pleaded guilty to tax fraud for paying hundreds of thousands of dollars in personal expenses, including plastic surgery, out of his business account. Can’t he argue that plastic surgery is a business expense? [Charlotte Observer]

* Hundreds of Penn Law community members have voiced dissatisfaction with the school’s new name honoring a donor. Hey, money talks. [Daily Pennsylvanian]

* A Queens attorney has been sued over extremely graphic allegations of sleazy behavior in the workplace. This attorney must not practice employment law. [New York Post]


Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

Con Court’s full reasons for dismissal of Chamisa 2018 Presidential Election Petition – The Zimbabwean

11.11.2019 6:01

Constitutional Court’s Full Judgment Explaining Why the Court

Nelson Chamisa. Photographer: Jekesai Njikizana/AFP via Getty Images

Dismissed Mr Chamisa’s 2018 Presidential Election Petition

The Constitutional Court has just released its  full reasons for its 24th August 2018 decision dismissing Mr Chamisa’s election petition:  Judgment CCZ 21/19, Nelson Chamisa & 24 Others v Emmerson Mnangagwa.  The judgment is available on the Veritas website [link]. 

Veritas intends to distribute an analysis of this judgment due course.

Reminder : Background

  • On 30th July 2018 Zimbabweans voted in the Presidential, Parliamentary and local authority elections.
  • On 3rd August the Zimbabwe Electoral Commission declared Mr Mnangagwa, the ZANU PF candidate in the Presidential election, duly elected as President of Zimbabwe.
  • On 10th August Mr Chamisa, the MDC-A candidate in the Presidential election, challenged the validity of this result by lodging an election petition in the Constitutional Court.
  • On 22nd August the court heard arguments from the parties’ lawyers.
  • On 24th August the court handed down its decision dismissing Mr Chamisa’s election petition, declaring Mr Mnangagwa the winner of the Presidential election, providing an abridged version of its reasons [link] and promising that its full reasons would be issued in due course.

Note: Section 93 of the Constitution of Zimbabwe obliges the Constitutional Court to determine such an election petition within fourteen days after it was lodged.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

Fired Zimbabwean doctors speak out

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Solar energy big hit amid Zimbabwe’s energy crisis – The Zimbabwean

HARARE, Zimbabwe

Residents of Zimbabwe’s capital have found a solution to a deepening electricity crisis.

More than 18 hours every day, there is no power which resumes only around 11.00 p.m. local time (2100GMT). But the majority of homes in a medium-density area called Homelink, in Westlea in Harare, are immune from the country’s electricity crisis, with solar panels installed on every rooftop, lighting homes in the midst of incessant power cuts.

About two months ago, Zimbabwe hiked power tariffs by more than 300% despite power cuts lasting more than 18 hours daily amid intensified power rationing, as the country contends with energy deficits.

But as Zimbabweans have taken the first steps to embrace solar energy, the government has been on record in the media saying it requires $3 billion in aid to meet its goals to expand off-grid solar power laid out in a plan drawn up as part of the Paris Agreement on climate change.

Five months ago, Zimbabwe removed import duties on solar-energy-related products.

Solar answer

Homelink is home to many like 46-year old Pritchard Mvundura, who is amongst hundreds of Zimbabweans, who by turning to solar, have evaded the power deficits.

“You can see for yourself that there is no electricity here, but my home including several others, are brightly lit. We have gone solar as the country goes dark,” Mvundura told Anadolu Agency.

Even indigenous businessmen like 53-year-old Mike Ngorima running a printing and photocopying firm in Harare, has no regrets he gave solar a chance.

“The solar system I installed is keeping my printing and photocopying machines running, meaning my business is up non-stop despite power cuts,” he told Anadolu Agency.

Top humanitarian organizations have also stepped in, raising the banner of renewable energy use.

Since last year, 405 health care facilities were fitted with solar systems countrywide, thanks to support from the United Nations Development Programme in conjunction with the Zimbabwean government and The Global Fund which also funded the project.

Solar energy is gaining tract as Zimbabwe struggles to import electricity from neighboring countries like South Africa and Mozambique.

‘Lighting in most of our homes has solely gone solar,” said Ngorima. “We mourn no more for state electricity.”

Inadequate hydro power

Mozambique’s Hydro Cahora Bassa currently sells 50MW of hydroelectricity to Zimbabwe while South Africa also supplies it with 400MW of power, still inadequate to meet demand.

Zimbabwe requires 2000MW of electricity monthly to meet its monthly power obligations.

The Kariba dam, which has provided the country with the bulk of hydro power, has been over the past few years experiencing falling water levels, subsequently causing a drop in supply of hydroelectricity.

Hwange thermal power station, which has also over the years contributed to the power requirements, contends with obsolete equipment.

As these and more power woes mount on the country, Zimbabwe’s Energy Minister Fortune Chasi sees solar as the answer.

“The government backs the use of solar energy and sees its adoption as a viable, clean and lasting alternative to the challenges of insufficient power supply,” Chasi said.

Solar projects slowed

But delays in carrying out solar energy projects have added to the country’s energy woes.

For instance, the 2016 solar power station being constructed by Intratrek, a company reportedly owned by Zimbabwean businessman Wicknell Chivhayo, contracted by the Zimbabwe Power Company (ZPC), is still a work in progress in Gwanda, in the country’s Matabeleland South Province.

Even so, with the poverty of electricity pounding this country, more people Sophia Mhizha, 48, have had to switch to solar to light their homes, not only in the city, but also in the countryside.

“I have installed solar at my home here in Harare and also at my rural home because even the rural electrification program that government bragged about over the years, is no longer reliable,” the widow told Anadolu Agency. “There is no electricity more often.”

More solar users

More than 100 000 solar power systems are installed in homes across Zimbabwe, according to figures from the Ministry of Energy.

Mhizha and many others like Mvundura, who, amid the power cuts, have seen the light in solar.

As state power utility Zimbabwe Electricity Supply Authority (ZESA) struggles to produce sufficient electricity to meet demand, power outages have derailed businesses in recent years, according to the Confederation of Zimbabwe Industries (CZI).

Climate change eats hydro power

Climate change experts have pinned the blame on dry weather conditions which has depleted water resources countrywide.

“You can’t have enough power without enough water in dams like Kariba which is surely a major source of electricity for the country. It has been hot over the years and we have seen water levels in Kariba falling because of the heat and this means a fall in power supplies,” Zisunko Ndlovhu, an independent climate change expert in Zimbabwe, told Anadolu Agency.

But, Ndlovhu also said “with increasing temperatures owing to climate change, many people have turned to the same sun, which is sucking away their water bodies, using the same sun to generate the energy they require.”

Institutions, social relations and rural development in Zimbabwe – The Zimbabwean

Like in the resettlements, institutions are often hybrids, combining ‘traditional’ (such as chiefs and headmen) and ‘modern’ (such as village committees and councillors). In the communal areas, party officials and war veterans are less of a feature, although very often party structures have melded with other arrangements; something that is also happening in the resettlements twenty years on.

Informal institutions: the social fabric of rural life

These officially-recognised institutions may however not be the most important. In fact, churches were often referred to as the most important institution, providing support in various ways. Across our sites, the presence of evangelical churches is noticeable. In Mwenezi, the top two churches attended by households in our sample were the Zionist church and Joanne Masowe’s apostolic church, although two-thirds of households said they were not affiliated to any church. Only in Gutu were the Methodists (Gutu West) and the Catholics (Gutu North) ranked as the most important church, above the Zionist and Zaoga churches.

Outside Mwenezi, nearly 80% of households were linked to a church. The Catholics and Methodists have had long traditions of supporting education in the Gutu sites, which is evident in the engagement with schooling both of previous and current generations, including both men and women. Evangelical churches by contrast emphasise church-based solidarity, including giving and sharing funds raised for the church. Such churches do not frown on polygamy, and there are few progressive views on gender rights shown in most evangelical churches, with women taking on particular, subservient roles.

When asked about leadership positions of both senior men and women in our sample, it was links to churches – as pastors, deacons, preachers, as well as church secretaries, treasurers and so on – that were pointed to. Church leadership positions were the most significant among men for the approximately 15% of male household heads who identified themselves as leaders in some way. These roles came second to involvement in village committees, both traditional and modern, as well as burial societies in Gutu North.

For women, churches were important, and women often took on administrative roles. Indeed, for approximately 10% of women who were identified as having leadership positions, the role of secretary or treasurer of committees (for gardens, burials, churches, as well as a range of projects) was the most commonly named role.

These roles linked to projects of various sorts, some supported by churches, others by NGOs, are an important feature of communal area life, linking people outside the immediate kin network. This may result in support ranging from loaning of draft power, sharing of ideas or links to markets. Traditional group based activities, such as work parties (humwe) for tillage, weeding or other activities, persist in Mwenezi and Chivi in particular, and were identified as happening for 34% and 13% of households in 2016-17. They are less common in the Gutu sites (7% and 3%), where a more individualised culture has emerged.

Where is the state?

Links to the state and external projects are also an important feature in the communal areas. Despite the decline in state capacity between 52% and 53% of households had engaged with an extension worker in the previous year. Most of these were agricultural extension officers from Agritex, but also there were mentions of seeing state veterinarians too. Across our sites, between 13% and 26% of household heads had gained a ‘Master Farmer’ certificate (see earlier blog), and so had participated in a rigorous training course on agriculture. Some of these qualifications were gained years ago, but the continued presence of state actors in the communal areas is a feature of life. The Agritex extension worker, even if there is no fuel in his or her motorbike, is known.

In Mwenezi, around two-thirds of households were recipients of state handouts through the Presidential Scheme, mostly seed and fertiliser. This however was absent in the other sites in 2017, although of course state handouts increased in the run-up to the election the following year. Outside Mwenezi and Gutu North engagement in other projects was not a big feature, as NGOs working in the communal areas concentrate activities and miss out huge areas. In Mwenezi, project links were around a donor-supported irrigation project and a contracting scheme for sorghum led by the brewing firm, Delta.

Compared to the land reform resettlements, the communal areas are much more connected to state- and NGO-led development. There are projects, demonstrations, events, and the infrastructure of these areas, the inheritance of the 1980s in particular, including schools, clinics and government offices, demonstrates state presence, even if the buildings are decrepit and the staff poorly paid. In the resettlement areas, such investment has not happened since land reform, and the developmental state very often feels very distant. Instead, in the resettlements, much more present is the ruling part (ZANU-PF)y, alongside the war veterans who led the land invasions from 2000.

In the early days, the politics were intense, with ‘seven member committees’ installed to protect the land reform gains, mirroring structures from the liberation war. This has subsided since, as the administrative state has attempted to establish structures for development, and allowed ‘traditional’ authorities to claim control. But without state resources and personnel, and with no donor or NGO projects due to on-going ‘sanctions’ (or ‘restricted measures’ if you prefer), the dynamics are different, and tensions frequently arise between the different forms of authority, which since the imposition of the VIDCOs in the 1980s, has not been a feature of communal area life.

Institutions and agriculture: comparisons with the resettlement areas

How does all this affect land and agriculture? In the communal areas, well-established systems exist, involving both headmen and village committees, who allocate land, help resolve disputes and often assist with marketing, the delivery of state or NGO relief handouts and the negotiation projects with external actors. This system is evolving in the resettlements, but the creation of a sense of ‘community’ – essentially emerging from scratch – with established trusted relations at the centre, takes time. In the resettlements, more individual arrangements for supporting agriculture, notably around marketing, tend to emerge, reflecting the more individualised, entrepreneurial culture in the resettlement areas.

The difference in social and political relations – and associated institutions – has important gender implications. In the communal areas, women are widely involved across institutions, more usually in supporting roles, but nevertheless important ones. Women’s involvement in churches, including in leadership positions, is significant. Women are also central to projects and development activities in all of our communal area sites. This partly reflects the absence of men in the communal areas, who may be migrating for work, but also the increasing openness of what is still a highly patriarchal society. In the resettlements, while land reform offered opportunities for some women, notably those cast out of tight kin-based communal area settings because of divorce, accusations of witchcraft and so on, roles in most resettlement areas remain very circumscribed, and men, who are more present, take the lead.

Thinking about institutions, formal and informal, is central to rural development and building more sustainable livelihoods. Too often this dimension is forgotten in the rush to address technical and economic questions. But whether it’s land, production, market or service provision (the subject of the next blog), social relations are key.

This post is the seventh in a series of nine and was written by Ian Scoones and first appeared on Zimbabweland.

This field research was led by Felix Murimbarimba and Jacob Mahenehene. Data entry was undertaken by Tafadzwa Mavedzenge

Solar energy big hit amid Zimbabwe’s energy crisis
Sinking ship – Zimbabwe Vigil Diary

Post published in: Featured