Judicial Notice (04.01.23): Bragging Rights

Justice Gorsuch's principled dissent, Davis Polk's domination of dealmaking, and other legal news from the week that was.

Manhattan DA Alvin Bragg (photo by Michael Santiago via Getty Images).

Welcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking on the button below. Thanks!

Stanford Law School has truly eclipsed Yale Law School as the poster child for intolerance of diverse viewpoints. Almost a month after the disruptive protest of Judge Kyle Duncan’s speech at SLS, we’re still discussing, digesting, and dissecting the debacle. In the past week, my coverage of that event has been mentioned or linked to in (excellent) pieces in the New York Times by Pamela Paul, the Pittsburgh Post-Gazette by Peter Kalis (former chair of K&L Gates), The Dispatch by Teddy Ray (a 2L at YLS), Law360 by Professor Nancy Rapoport, and Yahoo! News by Jon Ward—who also had me on his podcast, The Long Game, to talk Stanford Law.

Speaking of podcasts, Zach Sandberg and I recorded a new episode of Movers, Shakers & Rainmakers. With the first quarter of 2023 now in the rearview mirror, we analyzed the current state of Biglaw, with a focus on the lateral talent market.

Now, on to the news.

Lawyer of the Week: Alvin Bragg.

Longtime readers know that I’m no fan of covering the many messy legal problems of Donald Trump (which are covered extensively by pretty much every other publication). That said, I’m acknowledging the history-making news of the first criminal charges against a former American president by naming Manhattan District Attorney Alvin Bragg my Lawyer of the Week.

What’s my take on Bragg’s actions? I’m with David French and Andrew Sullivan, who (1) wonder whether this is a wise exercise of prosecutorial discretion, (2) think the case for prosecuting Trump for election interference in Georgia is much stronger, and (3) are withholding further judgment until we see the indictment.

On point (1), you can read about the legal and factual hurdles faced by Bragg in Law360, this Wall Street Journal op-ed by former Federal Election Commission chair Bradley Smith, and this New York Times op-ed by former federal prosecutor Ankush Khardori. On point (3), even though I harbor my doubts about this case, I’m also no fan of the criticism that has been heaped upon Bragg by both Trump and House Republicans—which Bragg’s office has pushed back on strongly.

Which lawyers will have the pleasure of defending the Donald in this case? That would be Susan Necheles and Joe Tacopina, former Brooklyn assistant district attorneys whom Politico described as “a tactician” and “a showman,” respectively. Not all of Trump’s lawyers have been an “elite strike force,” but Necheles and Tacopina are well-respected litigators who should provide Trump with solid representation.

Other lawyers in the news:

• Is that a gavel under your robe, or are you just happy to see me? Gregory Locke lost his job as a New York City administrative law judge after his “side hustle” as an OnlyFans porn star came to light.

• Former Biglaw partner John Roesser got indicted for bankruptcy fraud—specifically, for lying to the bankruptcy court in order to keep his assets, including a multimillion-dollar home and an Aston Martin.

In memoriam:

• Edward MacMahon Jr., the criminal defense lawyer most well-known for representing Zacarias Moussaoui, the so-called “20th hijacker” in the 9/11 plot, passed away at 62 from cancer.

• Simone Marie Woung, assistant dean and registrar at Georgetown Law, passed away at 51 after a brief illness.

May they rest in peace.

Judge of the Week: Judge Reed O’Connor.