Is Judge Dale Ho Trying To Punk Paul Clement?
It's actually a hilarious pick. The post Is Judge Dale Ho Trying To Punk Paul Clement? appeared first on Above the Law.
The shenanigans from the Department of Justice in the case against New York City mayor Eric Adams have been epic. Acting deputy attorney general Emil Bove demanded the dismissal of the corruption charges against Adams, which led to a Thursday Night Massacre as seven prosecutors decided they’d rather submit themselves to the job market than compromise their oath of office. As allegations of a quid pro quo swirled (dismissing the charges in exchange for the mayor’s assistance in the Trump administration’s immigration raids), Bove wound up signing the motion for dismissal himself.
This mess wound up in front of the Southern District of New York’s judge Dale Ho. The government argued the charges should be dismissed without prejudice, giving the Trump administration the screws to turn should Adams fail to do their bidding. Judge Ho, correctly, characterized it as a “somewhat unusual situation” and punted on the question of dismissal. He said he wouldn’t “shoot from the hip right here on the bench.”
Instead, he countered with an unusual move of his own, appointing noted conservative lawyer Paul Clement as amicus curiae to present adversarial arguments to the government’s motion to dismiss. Though far from typical, Ho argued the appointment was “appropriate” due to “public importance of this case, which calls for careful deliberation.”
Judge Ho’s bold move has left a lot of folks speculating about the rationale. Not immediately acquiescing to the administration was certainly applauded by the left, but the Clement pick is fascinating. Clement was the Solicitor General under George W. Bush, with extensive Supreme Court experience, who just happens to think Biglaw is too woke. The right-wing stalwart is being asked to argue against the Trump administration… and while Clement currently runs his own boutique firm, advancing arguments in opposition to the Trump administration might just end his future chances of government work before they even start. The Trump II reign seems fixed on the smallest slights, and even being appointed to the role is unlikely to protect him from scorn if he provides the justification to thwart the Trumpian plans — just ask Robert Mueller. The right will light just about anyone’s career on fire if they step out of line. So if Clement finds issue with the DOJ’s motion to dismiss, the conservative legal movement might find their most capable lawyer is persona non grata in MAGAworld.
Briefing is due March 7, with possible oral argument on March 14. And it will be fascinating to watch.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
The post Is Judge Dale Ho Trying To Punk Paul Clement? appeared first on Above the Law.
