NY City Bar To Attorney General: Delete Your Account

Attorney General William Barr (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)

Safe bet the New York City Bar won’t be inviting Attorney General Bill Barr to the next Young Lawyers Happy Hour event. In fact, he’s pretty much persona non grata for the foreseeable future since the organization just published an open letter telling the Attorney General to GET THE F*** OUT OF TOWN. Well, they phrased it somewhat more diplomatically, calling for him recuse himself from any “Ukraine-related issues.” And if not, “he should resign or, failing that, be subject to sanctions, including possible removal, by Congress.”

Alrighty then!

Citing the president’s infamous July 25 call with President Volodymyr Zelensky when Trump promised twice to have Attorney General Barr coordinate the Ukrainian investigation of Joe Biden, the NYC Bar says, “Mr. Barr was obligated to recuse himself from any involvement in DOJ’s review of either the whistleblower complaint or the substance of the President’s actions once the President offered Mr. Barr’s services to President Zelensky.”

Barr’s name also came up in the Whistleblower Complaint, and yet the AG failed to recuse from the criminal referral to the Office of Legal Counsel, which buried it after a cursory investigation and refused to turn it over to Congress in accordance with the law. In fact, Barr was aware of the substance of the allegations weeks earlier, since the whistleblower tried to make an informal complaint through the general counsel at his agency, but Barr and his deputy John Demers decided that a criminal referral didn’t count unless it was in writing.

More recently, the Attorney General has been gallivanting all over Europe trying to gin up evidence for Trump’s crackpot theory that the entire intelligence community is lying about Russians hacking the DNC, and somehow the DNC server was spirited away to Ukraine. (Yes, this theory relies on murdered DNC staffer Seth Rich being the “real” leaker, and yes, they actually believe this horsesh*t.) And just last week, White House Chief of Staff Mick Mulvaney took to the podium to confess on national television that congressionally allocated funds for Ukraine were being held up to ensure that country’s compliance with that DOJ probe — a clear quid pro quo.

So, yeah, Barr’s up to his jowls in it. And by failing to live up to his basic professional obligations — including 28 CFR 45.25 CFR 2635.502, and the U.S. Attorney’s Manual 3-2.170 — the Attorney General sets a lousy example, both for young lawyers sitting for the MPRE and for the thousands of lawyers under him at the Justice Department.

Because respect for law is central to our nation’s governance, the Attorney General of the United States bears a special responsibility to see that our laws are justly administered for the benefit of the American people.  The Attorney General is, and must be seen as, the representative of the nation in advising the President and other federal officers and must demonstrate an unquestioned commitment to compliance with law by all who exercise the powers of government.

Even Jeff Sessions, who was too stupid and racist to win judicial confirmation from his own party — look it up! — understood his ethical obligation to recuse from an investigation in which he was likely to be a fact witness. And when you’re being compared unfavorably to a guy who said in open hearing, “I am not insensitive to blacks,” it’s probably time to turn off Fox News and do some serious thinking.

But serious thinking isn’t really Bill Barr’s thing. He’s far too busy at the moment planning his Christmas party at the Trump Hotel in D.C.

Your move, D.C. Bar!

Attorney General Barr Should Recuse Himself from Department of Justice Review of Ukraine Matter [NYC Bar]
New York City Bar Calls for US AG William Barr’s Recusal in Ukraine Matter [Law.com]

Morning Docket: 10.24.19

Rudy Giuliani (Photo by Drew Angerer/Getty Images)

* Rudy Giuliani is reportedly looking for another defense lawyer.  Guess he listened to the old adage about he who represents himself… [CNN]

* Rose McGowan is suing the lawyers Harvey Weinstein enlisted to discredit her, including David Boies.  I’m sure the defendants know a few good attorneys to represent them. [New York Times]

* The D.C. Bar just released an ethics opinion on what managers and employees should do if they think a lawyer is impaired. Based on some of the stories on this website, such guidance is sorely needed. [American Lawyer]

* A Clarence Thomas documentary is set to be released in 2020.  Guess Justice Thomas wanted his own RBG. [Time]

* A lawyer who is suing her former employer must pay the legal fees of her former law firm because she failed to produce critical evidence for 17 months. [New Jersey Law Journal]

* A man caught on video punching his own lawyer in court was acquitted of the assault, since the injuries were deemed not serious.  Apparently being injured with a concussion and a broken nose from an assault by a client is just a job hazard for lawyers. [WTVR.com]


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.

Tharisa Zimbabwe Asset Receives Special Economic Status – The Zimbabwean

A 50,667-hectare area has been given the designation, miner Tharisa said, and is on bits of land covered by special mining grants to Karo Zimbabwe Holdings Ltd, of which Tharisa owns 27%.

The designation gives Karo some special incentives, such as reduced tax rates, duty-free importation of raw materials, and different exchange control rulings.

Tharisa Chief Executive Phoevos Pouroulis said: “Zimseza’s award of the special economic zone status to Karo’s license in Zimbabwe is a critical step in the development of what could become a world-class vertically integrated PGM operation. The Karo mine could transform the Zimbabwean PGM sector, bringing significant economic benefits to all stakeholders and building a long-term sustainable mining industry.

“The SEZ status, as well as the completion of the initial resource classification, are key milestones prior to investing in the various phases that a project of this scale requires for it to succeed. We look forward to working closely with Zimseza and the government of Zimbabwe, together with the local, regional and national stakeholders, as well as our financial partners, to bringing this project to fruition.”

Tharisa’s London shares were 0.9% lower at 109.50 pence each, and Johannesburg shares were 0.3% lower at ZAR19.59.

Former Implats head David Brown to lead Zimbabwe-Russia platinum joint venture

Post published in: Business

Former Implats head David Brown to lead Zimbabwe-Russia platinum joint venture – The Zimbabwean

24.10.2019 7:52

Great Dyke Investments is seeking US$500m from Afreximbank to fund the projectGreat Dyke Investments

David Brown. Picture: ROBERT TSHABALALA

Russia-Zimbabwe joint venture Great Dyke Investments (GDI) says it is in talks with the African Export-Import Bank (Afreximbank) as well as Russian and South African investors to raise US$500m for its platinum project in Zimbabwe.

Zimbabwe is the world’s third-largest producer of platinum after SA and Russia.

The company says it is wrapping up financing for the project and expects to begin mine construction in 2020.

In 2017, a feasibility study by SA’s DRA Group showed “robust economics for phase one of the project, which was later complemented with a basic economic assessment confirming the economic potential of the full-scale three-phased project”.

Newly appointed GDI executive chair David Brown said, “There remains a lot of hard work to be done before we can commence development on the ground, but I am confident that the Darwendale project has the potential to become a significant low-cost platinum group metal producer, ultimately becoming a major part of the global PGM industry in the mid-term.”

Great Dyke Investments announced the appointment of Brown, a former CEO of Implats, on Wednesday.

Brown also served as Implats CFO from 1999 to 2006. He resigned from Implats in 2012 to pursue personal interests.

“Brown has a rich experience in platinum as he was instrumental in the development of Implats’ Zimbabwe’s asset, Zimplats, which is the country’s largest platinum miner,” GDI said.

In a statement Great Dyke vice-chair Igor Higer said the company plans to secure funding by March 2020.

“Peak funding for the Darwendale phase project is estimated at more than US$500m. The main financial partner of the project is the Afreximbank, which has been acting as the mandated lead arranger since early 2018.

“According to the agreement, Afreximbank’s mandate covers both debt for the project financing and equity raising portion in the amount sufficient for the successful implementation of phase one of the project.”

Higer said at a production rate of 3,5-million tons a year, GDI will produce an average of 280,000oz of PGM and gold at phase one, while the second phase will increase capacity to 10.5-million tons a year and PGM production of 860,000oz a year.

Zimbabwe is banking on ramping up platinum production as PGMs  are earmarked to rake in US$3bn by 2023, in line with the country’s target of US$12bn annually from minerals.

Two other new platinum mines, Karo Mining Holdings, which is part-owned by SA’s Tharisa, and Bravura, owned by Nigerian billionaire Benedict Peters, have concessions to mine platinum in the country.

Tharisa Zimbabwe Asset Receives Special Economic Status
Zimbabwe: Severe Food Insecurity

Post published in: Business

Zimbabwe: Severe Food Insecurity – The Zimbabwean

24.10.2019 7:41

English Infographic on Zimbabwe about Agriculture, Food and Nutrition, Drought, Flash Flood and more; published on 22 Oct 2019 by US DOS HIU

Across Zimbabwe food insecurity is growing, with an estimated 3.6 million rural Zimbabweans in need of humanitarian assistance (IPC Phase 3 or higher), an increase from the 2.3 million estimated between June and September 2019. Widespread drought — which led to a poor 2019 harvest — combined with Zimbabwe’s precarious economic conditions are contributing to low food availability, rising food prices, and very high inflation rates that are reducing purchasing power. Cyclone Idai exacerbated the situation by further disrupting cropping activities in eastern Zimbabwe. The volatile economy and the impending lean season (peak lean season January to March 2020) threaten to increase the number of food insecure Zimbabweans.

US Department of State – Humanitarian Information Unit:

https://hiu.state.gov/Pages/Home.aspx

Former Implats head David Brown to lead Zimbabwe-Russia platinum joint venture
Zimbabwe celebrating Anti-Sanctions Day

Post published in: Agriculture

Zimbabwe celebrating Anti-Sanctions Day – The Zimbabwean

In an unusual political move, the Zimbabwean government this week has declared Oct. 25 to be a national holiday to protest longtime U.S. sanctions against the Southern African country.

News of Zimbabwe’s anti-U.S. sanction holiday was reported by The Washington Post on Oct. 22. The Zimbabwean government said its Anti-Sanctions Day will specifically highlight the economic harm allegedly caused to the country by U.S. sanctions.

To celebrate the new national holiday, The Washington Post said Zimbabweans from around the country are expected to be transported to Harare, the country’s capital, to “march, watch a soccer match between the country’s two biggest teams and attend an all-night concert.”

President George W. Bush issued the first executive order to impose sanctions against Zimbabwe on March 6, 2003, as domestic violence in the country threatened to destabilize the region. The sanctions took aim at Zimbabwean President Robert Mugabe and his political associates.

The U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) established the Zimbabwe Sanctions Regulations on July 29, 2004, which placed the sanctioned Zimbabweans on the Specially Designated Nationals and Blocked Persons (SDN) List. Placement on this list generally blocks the U.S. assets of these individuals and prevents U.S. persons from conducting business with them.

President Bush signed two additional executive orders to expand sanctions against the Mugabe regime on Nov. 22, 2005, and July 25, 2008, for “undermining Zimbabwe’s democratic processes and institutions.”

Zimbabwe’s current president, Emmerson Mnangagwa, who replaced Mugabe after he was forced from office in 2017, is also on OFAC’s SDN List.

The Zimbabwean government has argued that the country’s current economic hardships are largely due to the U.S. sanctions, which the U.S. has denied, stating that the sanctions “do not block the government of Zimbabwe as a whole, nor do they prohibit all business with the country of Zimbabwe or transactions involving that jurisdiction.”

On April 24, 2013, OFAC issued a general license to allow transactions involving Zimbabwe’s Agricultural Development Bank and Infrastructure Development Bank.

The African Development Bank Group said Zimbabwe still struggles with “protracted fiscal imbalances,” which keep most of the country’s population in poverty. However, the bank said the country can improve its economy through minimal additional investment and political reform.

“Given the vast natural resources, relatively good stock of public infrastructure and comparatively skilled labor force, Zimbabwe has an opportunity to join existing supply chains in Africa through the Continental Free Trade Area,” the bank said.

In These Chaotic Times, We Can Still Rely On Tesla To Post A Solid Quarterly Loss

You are our constant, Elon Musk.