Blaming the Attorneys – Election Version

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Blaming the Lawyers - Election Edition

It is not news to any objective person that Joe Biden had a sweeping election victory – both in the referendum and most likely in the electoral college when the census is complete – and that Donald Trump lost.

But Trump to be Trump. I will not accept that people have done the rare thing to elect an incumbent from office. They usually win.

So he goes to court yelling scam or something and trying to do so in multiple states. In some places he wanted them to keep counting votes and in others to stop counting. None of this is in the least surprising because Trump.

But one deeply disturbing thing happened. The Lincoln Project, a group of #NeverTrump Conservatives who knew Trump was neither a Republican nor a Conservative, but only for himself, decided to attack the lawyers who bring the suits:

The Lincoln Project is set to launch a cross-platform campaign hammering Jones Day and other firms for their role in facilitating Trump’s efforts. It includes television and digital advertising, as well as social media, highlighting the damage Trump is doing to our democracy and the success of the presidential change.

This is a very bad move.

When attorneys come to court with frivolous claims, the courts can do two things: The first is to dismiss the claims.

The second option may be to sanction the lawyers if the claims are legally and objectively unfounded. Courts, after all, have the inherent power to control the conduct of those who stand before them and to sanction those who use it for an improper purpose. (Chambers. V. Nasco)

So let the lawyers make their case. If you go too far in representing your client and exceed your legal and ethical boundaries, the courts can take care of this issue

And that would be Well Things. Let the Trumpers see that the allegations of fraud were unfounded, and as far as they existed, they were isolated circumstances under which the votes could be counted on the fingers and toes. And from both sides.

Sunlight, Justice Brandeis once wrote, is the best disinfectant. Let the world see a lack of merit. Let the world see Trump lose. Over and over and over again.

The only thing we shouldn’t want is someone say they’ve been denied fair access to justice and a fair count. Trying to prevent lawyers from representing could do so.

Let the courts prove that the choice and count was fair. Let the dishes shove the fairness down Trump’s throat.

Attacking the lawyers for having a reprehensible client is the wrong step. Because sociopaths also have a right to due process and a right to be heard about their claims. And refused.

Indeed, at the moment, the best possible outcome is when the courts reject bad claims.