This weekly roundup thread is intended for all culture war posts. 'Culture war' is vaguely defined, but it basically means controversial issues that fall along set tribal lines. Arguments over culture war issues generate a lot of heat and little light, and few deeply entrenched people ever change their minds. This thread is for voicing opinions and analyzing the state of the discussion while trying to optimize for light over heat.
Optimistically, we think that engaging with people you disagree with is worth your time, and so is being nice! Pessimistically, there are many dynamics that can lead discussions on Culture War topics to become unproductive. There's a human tendency to divide along tribal lines, praising your ingroup and vilifying your outgroup - and if you think you find it easy to criticize your ingroup, then it may be that your outgroup is not who you think it is. Extremists with opposing positions can feed off each other, highlighting each other's worst points to justify their own angry rhetoric, which becomes in turn a new example of bad behavior for the other side to highlight.
We would like to avoid these negative dynamics. Accordingly, we ask that you do not use this thread for waging the Culture War. Examples of waging the Culture War:
-
Shaming.
-
Attempting to 'build consensus' or enforce ideological conformity.
-
Making sweeping generalizations to vilify a group you dislike.
-
Recruiting for a cause.
-
Posting links that could be summarized as 'Boo outgroup!' Basically, if your content is 'Can you believe what Those People did this week?' then you should either refrain from posting, or do some very patient work to contextualize and/or steel-man the relevant viewpoint.
In general, you should argue to understand, not to win. This thread is not territory to be claimed by one group or another; indeed, the aim is to have many different viewpoints represented here. Thus, we also ask that you follow some guidelines:
-
Speak plainly. Avoid sarcasm and mockery. When disagreeing with someone, state your objections explicitly.
-
Be as precise and charitable as you can. Don't paraphrase unflatteringly.
-
Don't imply that someone said something they did not say, even if you think it follows from what they said.
-
Write like everyone is reading and you want them to be included in the discussion.
On an ad hoc basis, the mods will try to compile a list of the best posts/comments from the previous week, posted in Quality Contribution threads and archived at /r/TheThread. You may nominate a comment for this list by clicking on 'report' at the bottom of the post and typing 'Actually a quality contribution' as the report reason.
Jump in the discussion.
No email address required.
Notes -
New updates in the Comey and James cases. Both indictments dismissed because Lindsey Halligan was not lawfully appointed as United States Attorney for the Eastern District of Virginia and so all her actions as such are void and without effect. Comey and James opinions. Though the two are substantially identical, having both been authored by the same judge. These dismissals are without prejudice meaning the government can try and secure further indictments. Although, in Comey's case this faces some additional hurdles since the statute of limitations for his offense expired several days after the first indictment against him was secured.
Note that a similar dispute is playing out in New Jersey with respect to the appointment of Alina Habba as United States Attorney for the District of New Jersey and in Nevada with respect to Sigal Chattah's appointment as United States Attorney for the District of Nevada. These cases are a little more complicated than Halligan's due to implications of the Federal Vacancies Reform Act but they arose due to circumstances like what Halligan is facing now.
At the heart of these disputes is 28 USC 546 which provides:
The dispute is principally about whether the Attorney General is permitted to make successive 120-day appointments or whether the Attorney General gets a single 120-day appointment and then when that expires the District Court makes the appointment as to who shall be United States Attorney. In Halligan's case Erik Siebert had already been appointed for 120 days earlier this year and was appointed by the district court upon expiration of that appointment. He then resigned under pressure to prosecute James and Comey, whereupon Bondi purported to appoint Halligan under 28 USC 546. Naturally, the court finds that Attorney General Bondi has had her 120 day appointment and so authority to appoint a new USA for EDVA lies with the district court.
A similar disqualification happened in the central district for California, bringing the total to 4.
Team R has a majority in the senate. They should be running every single US Attorney through confirmation instead of stepping on rakes with this fighting over acting/interim US Attorneys. I understand the admin's "just do things" approach, but getting hung up on procedural stuff like this is amateur hour.
Easier said than done. I can't speak for the other three, but Lindsey Halligan would not make it through Senate confirmation. Her Wikipedia bio says:
This is a bit misleading for someone not familiar with the legal industry. Cole, Scott, & Kissane is what's known as a "defense mill". She did not represent insurance companies directly in coverage cases or bad faith cases, etc., she represented them as carriers covering other defendants. So if you get into an accident that's your fault and the person you hit isn't happy with what the insurance company is offering they sue you, your insurance company pays for your representation and pays the settlement. While they're the ones paying for everything and (mostly) calling the shots, they aren't the named defendant; you are. These places are known for low pay and high billing requirements, and that she made partner after five years isn't surprising because most attorneys will jump ship as soon as they get a better offer. And being partner doesn't mean that you can bring in business like it does at most firms, just that you get to bill at partner rates which are ten bucks an hour more than associate rates. This is mostly just to compensate for a lower billable requirement due to increased administrative work.
After nearly a decade of doing that, during which time she never once took a case to trial, she met Trump and he hired her as one of his personal attorneys in the classified documents case, where she basically did doc review. I don't want to denigrate what she did here (there's a kind of do review that's bottom of the barrel in the legal profession, but this isn't that), because reviewing documents and analyzing them is a core part of legal work. But it hardly qualifies one to be United States Attorney. Most of these people are career prosecutors with significant trial experience. Halligan is about as qualified to be US Attorney as I am, and I'm not qualified at all. There are people associated with this board who are more qualified by virtue of their having worked as criminal defense attorneys for some amount of time. The only real "qualification" she had was that she was willing to sign an indictment that literally no other attorney in the office was willing to sign.
Amateur hour is the fact that these indictments even happened. The Comey one was already on incredibly thin ice anyway after Halligan failed to read the corrected version of the indictment to the grand jury before they voted on it. Or that the James indictment, which didn't have a lot of meat on the bone to begin with, somehow failed to make the best argument. Or that literally everyone in the US Attorney's office for the Eastern District of Virginia, including Trump's named interim US Attorney, came to the conclusion that unemployment was preferable to being involved in these prosecutions. Given Trump's vindictiveness, it's a miracle he didn't order Halligan to fire the entire staff and just not have any prosecutions in the Eastern District for a while. If there's one silver lining to the corruption it's that it's balanced by a heavy dose of incompetence.
To be fair, that is a moderately impressive achievement (unless she was handing the trial work off to a trial specialist). That type of law firm avoids trials like the plague.
The Comey indictment paperwork screwup is one of the all-time great amateur hour screwups and the Lowering the Bar and/or Above the Law accounts of it are going to be coffee/keyboard risks. If Trump were more personally involved I would say it is an example of his scofflaw attitude and calculated contempt for procedural regularity and cast aspersions that he was trying to lose on a technicality deliberately in order to avoid losing on the merits, but in this case I think it is just that Halligan is incompetent and either she didn't bother to find a competent junior career AUSA to help her with the paperwork or the whole thing is so outrageous to the culture of career prosecutors that she couldn't.
The lawyer who was selected for hotness has a fool for a client.
Lawyers are like houses - if you judge by the usual criteria, you pay through the nose and get one no better than anyone else’s. So you need a find a criterion which is meaningful to you :P
What's the lawyer version of the worst house on the best street you can afford?
The worst lawyer from a Big Four legal company, naturally.
More options
Context Copy link
More options
Context Copy link
More options
Context Copy link
More options
Context Copy link
More options
Context Copy link
More options
Context Copy link
More options
Context Copy link