Monday, May 23, 2016
A Furious Judge Hanen Forcefully Reminds the DOJ That Lawyers Do not Lie in Court
US District Court Judge Andrew Hanen last week issued one of the most scathing rulings in history against Department of Justice lawyers -- those litigating the suit by 26 states against the President's executive immigration orders. The DOJ lawyers had assured Judge Hanen there had been no implementation of Obama's orders, but it was later discovered that more than 100,000 illegal aliens had been granted reprieves from deportation. Judge Hanen, in a ruling best described as legal fury, has ordered annual ethics classes for the DOJ attorneys as punishment for being : "intentionally deceptive. Such conduct is certainly not worthy of any department whose name includes the word 'Justice.'" DOJ attorneys misled Judge Hanen about when the Department of Homeland Security would begin implementing President Obama's executive order granting "deferred action" to illegal immigrants whose children are citizens. Thus, they tricked the 26 states who filed the lawsuit into "foregoing a request for a temporary restraining order," according to Hanen. The deception is not in doubt, Hanen emphasized : "[DOJ] has now admitted making statements that clearly did not match the facts. It has admitted that the lawyers who made these statements had knowledge of the truth when they made these misstatements....This court would be remiss if it left such unseemly and unprofessional conduct unaddressed." ~~~~~ Hanen ordered DOJ attorneys who wish to appear in any state or federal court within the 26 states that brought the lawsuit to undergo annual ethics training : "At a minimum...at least three hours of ethics training per year." Judge Hanen said in other circumstances, such "egregious conduct" would result in striking down the government's pleadings, but he said he wouldn't do that because the Supreme Court heard oral arguments in the case in April : "The national importance of the outcome of this litigation outweighs the benefits to be gained by implementing the ultimate sanction. Striking the government's pleadings would not only be unfair to the litigants, but also unfair, and perhaps even disrespectful, to the Supreme Court as it would deprive that Court of the ability to thrash out the legal issues in this case." ~~~~~ Judge Hanen ordered the DOJ and Obama administration to take other steps : (1) Provide the court with a list of all of aliens who recrived benefits under the Obama amnesty plan. (2) The attorney general must file an annual report with Judge Hanen for five years listing all DOJ attorneys who appeared in the 26 states, certifying their attendance at the ethics course. (3) Attorney General Loretta Lynch must file a comprehensive plan within 60 days “to prevent this unethical conduct from ever occurring again," ensuring that “Justice Department trial lawyers tell the truth -- the entire truth.” (4) Because the DOJ Office of Professional Responsibility “has not been effective,” Hanen ordered Lynch to inform him within 60 days of steps she is taking to “ensure” that OPR “effectively polices the conduct of DOJ lawyers and appropriately disciplines those whose actions fall below the standards that the American people rightfully expect from their Department of Justice.” (5) Hanen said the court “does not have the power to disbar the counsel in this case, but it does have the power to revoke the pro hac vice status of out-of-state lawyers who act unethically in court.” Pro hac vice means lawyers permitted to appear in a court even though they aren't licensed in that state. Hanen issued a separate, sealed order barring the DOJ lawyers in this case from appearing in his courtroom ever again. ~~~~~ Dear readers, never have a Justice Department and Attorney General been so dressed down. It reflects the low ethical standards of President Obama and his Justice Department. It wasn't on Lynch's but on Eric Holder's watch that the lies occurred. Lynch should try to have the DOJ lawyers disbarred, or at least fire them. Getting rid of the unethical Obama gang will take a few months more.
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Immigration reform is likely to remain a quagmire and Congress will continue to be as dysfunctional as always on this issue. But, at least there is one bright spot – Judge Hanen will increase his Q-rating and become the most consequential federal judge ever to sit in the Brownsville Division of the Southern District of Texas.
ReplyDeleteJudge Hanen is proof positive that every federal Judge appointed by a president is or at least came be unexpectedly far-reaching years later.
In 2013, Judge Hanen sentenced a state district judge, a state representative, a local district attorney and several plaintiffs’ attorneys to prison in a large racketeering scheme. Joel Androphy, a Houston defense attorney who has known Judge Hanen since they were both active in the Houston Bar Association, represented one of the convicted.
ReplyDeleteHouston Attorney Androphy said of Judge Hanen …“He’s not looking to become famous, he’s looking to do the right thing,” Androphy told the Texas Lawyer, adding that he might not agree with him, but “I would trust his judgment.”
In today’s infused political/legal arena that comes as pretty high praise, as I see it.