First, hi folks, it has been a minute, or 194,000 or so of them. Things have been a bit messy, and I’ve found it more difficult to blog recently (particularly because one can only write so often about AI hallucinations, but not entirely so).
Thanks to a scathing order from the Southern District of Florida, I’ve got something to write about. Today, Judge Kathleen Williams (not to be confused with my very capable colleague of the same name) smacked down the lawyers, including Acting Attorney General (and current AG Nominee) Todd Blanche, under Rule 11 as well as the court’s inherent authority, for bringing Trump’s case against his own IRS and then purporting to settle that for that $1.776 billion “Anti-Weaponization Fund” and a get-out-of-audit-and-also-probably-jail free card for Trump, his family, and his companies.
Just go read the whole thing. You don’t need to be an ethics lawyer or any lawyer to spot the issues.
This order is remarkable for several reasons. Here are just a few:
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Judge Williams found that a lawsuit between the President of the United States (she did not find Trump’s assertions that he was suing in his individual capacity to be all that convincing) and the Internal Revenue Service he controls was brought for an improper purpose, and that it was more-or-less self-dealing.
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It’s conflicts all the way down—Blanche, of course, was Trump’s personal criminal defense attorney before he went over to the DOJ, and his co-counsel, Associate Attorney General Stanley Woodward, Jr., represented January 6 defendants (who would be able to make claims to the “Anti-Weaponization Fund” allegedly created by the “settlement,”) and Trump’s co-defendant in the classified documents case and personal aide Walt Nauta. Now, they’ve moved into the government and agreed to a ‘settlement’ involving a staggering amount of money potentially benefiting former clients.” (p. 34.)
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Some of the attorneys have been referred to their respective states’ disciplinary authorities, and a copy of the order is going to New York where Acting AG Blanche is admitted and already has disciplinary proceedings pending. Amicus parties have been invited to submit fee petitions, and one of the attorneys will be denied pro hac vice admission in the Southern District of Florida for the near future. While monetary sanctions against attorneys and disciplinary referrals are common remedies for Rule 11 and other violations, Judge Williams included a new one (at least to me): none of the parties may refer to the agreement that gave rise to the dismissal of the lawsuit as a “Settlement,” because there was no case, no controversy, and nothing to settle.
For another quick take (quicker to the post than my take, for sure), check out my nerd friend Brian Faugnhan’s rundown, with bonus Stefon.
Now, here’s a protip: You never want to be on the receiving end of a sanctions order, but certainly not on the receiving end of a justifiably fiery, 56-page order when you’re about to face Senate confirmation for a job referenced in the order and when you’re already under investigation.
