It might seem hard to imagine, what with Kamala Harris, progressive prosecutor, having been the district attorney of San Francisco from 2004 to until she was elected California Attorney General in 2010, but San Francisco never prosecuted a cop for killing. It could be that the cops were so good that they never had a bad shoot, or it could have something to do with Harris’ understanding of what it is to be a progressive prosecutor. Ahem.

The other day, Judge Kopf raised the question of what it means to be a progressive prosecutor. People run for office under that claim, usually wrapped up in fuzzy vagaries about their being decarceral or choosing to not prosecute categories of crime, from pot to theft, that are out of favor. Curiously, while they campaign on the promise to lock up fewer people in general, the calculus reverses when it comes to at least one class of defendant: police officers. Continue reading →

To the consternation of many for whom their ideological view relies on the ability to raise questions and be taken seriously, even though the only basis for their claims is their own belief system, the presumption of regularity keeps rearing its nasty head. I know, you don’t want to give the benefit to people you hate, whomever that might be, but that nasty presumption just won’t go away. This election, with spiraling claims of “biblical” voter fraud, is either over or just beginning.

https://twitter.com/alexsalvinews/status/1330341145805611008

Sidney Powell may be persona non grata as of the end of business Sunday, but she’s made a great many “shocking” claims, with evidence always a day or two away. To many, this is more than sufficient to raise questions. Continue reading →

As word spread that Kyle Rittenhouse was out on $2 million dollar bail, the screams of the unduly passionate could be heard around the nation. No, they weren’t screams of joy at the respect shown the foundational jurisprudential concept and constitutional right of the presumption of innocence and an accused’s release.

Whether he’s a murderer remains to be seen, as he’s innocent until proven guilty. That his bail was paid by “wypipo” (slang for “white people,” assuming that only white people contributed to his legal defense fund and not people who believe in the presumption of innocence), is functionally indistinguishable from bail paid by the many funds, like the Bronx Freedom Fund, that exist around the country to bail people out of jail. Continue reading →

Not too long ago, ambitious law students wanted to land a job as a prosecutor. The best might end up in Manhattan, which was about as good as it got when it came to elite state prosecutors. The alt path was a couple years in Biglaw after their judicial clerkship, then a walk to the Southern District of New York, the epitome of prosecutorial prestige. The second team walked across the Brooklyn Bridge to the Eastern District in dreaded Brooklyn, heads bent in shame.

Law students wanted to be prosecutors. Being a prosecutor was great experience, impressive on a resume, alluring to cable television producers and a path to political prominence, whether as judge or elected official. After all, voters appreciated those who dedicated their careers to protecting us from criminals. But then, in the past couple of years, it dropped like a rock as a favored career path. Continue reading →

They’re still rioting in Portland, not that you would know it from stories in the New York Times. Last night’s rioting was dedicated to Trans Remembrance Day. For as long as they could, this was all blamed on Trump, but the concern remains that when Biden takes office, nothing will change because this isn’t about Trump, they have no greater respect for Biden and the new administration will be caught in the untenable situation of having to deal with the protests and rioting in perpetuity. Unless, of course, it’s never reported and no one knows it’s still going on.

But where once this rioting appeared to be the rioting to watch, their alter egos are about to take their place in the pantheon of the righteous because they believe, with the same religious fervor as any true believer, that the Dems have stolen the election. They, as Patriots, have heard the call that it’s left to them to save democracy, save America, and they plan to answer. Continue reading →

The breakdown, with exceptions, falls into two categories: if you’re struggling under what seems to be insurmountable students loans, you’re all for student loan cancellation. If not, you’re not. This could all be chalked up to enlightened self-interest, which is just as sound a justification as any, even if it’s wrapped up in inapt analogies and the stories of personal misery that are so favored by the young and insipid these days.

But then someone like Roxane Gay comes along to remind everyone why it’s just one small bit of the lazy litany of grievances. Continue reading →

This is a guest post by Pittsburgh criminal defense lawyers, Joe Otte, former public defender until he went rogue.

It all started a few years ago, in January of 2020. After a migraine-inducing procedural history that involved multiple judges, multiple lawyers, and one hung jury, my client was found not guilty on retrial. The judge did not agree with the jury’s verdict. His displeasure became immediately apparent when he tossed the verdict slip back at his minute clerk. It was intemperate, but things got much worse after the prosecutor and I were called into chambers. Continue reading →

While the battles rage on the Democratic side of the aisle as to whether its failure to crush Trump was due to the fact that 73 million Americans are just horrible racists or the progressive wing’s radical messages were rejected by the vast majority of the nation, most Dems and all Reps, one person “tried” to bridge the gap. His name is Wajahat Ali.

Who?

Wajahat Ali is a New York Times Contributing Op-Ed writer, public speaker, recovering attorney and tired dad of two cute kids. He believes in sharing stories that are by us, for everyone: universal narratives told through a culturally specific lens to entertain, educate and bridge the global divides.

Continue reading →

What name is on your diploma? Your contract? Your tax return or your car registration? Does it matter? No longer to the University of California.

The University of California announced today (Nov. 17) that it has adopted systemwide gender identity and lived name options for UC-issued documents and information systems. UC’s new Presidential Policy on Gender Recognition and Lived Names, which acknowledges gender identities other than man and woman, is another milepost in the University’s commitment to equity and inclusion for all. Continue reading →

I remember the first time I received death threats. I was up in Albany, about to argue before the New York Court of Appeals, and a suit I filed on behalf of my client, Troy Canty, against Berhard Goetz made the front page of the New York Post. I called the office to see if I had any messages, and my secretary told me that I had a few hundred death threats. That was 1985. I’m still alive.

I get the occasional death threat these days. It’s usually because of something I’ve written here or twitted of which someone disapproves. Sometimes it’s from someone on the right. Sometimes the left. It doesn’t concern me, not because death threats aren’t concerning, but it’s easy for to people make noise. Doing something is another matter, and it’s doubtful that anything I have to say matters enough to get anyone to do something. Continue reading →