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Tuesday, August 27, 2013

Legal Schnauzer Earns A Prominent Place In Survey Of The Top 50 Independent Law Blogs In N. America



Legal Schnauzer ranks among the top 50 independent law blogs in North America for 2012, according to a recent survey by a media-relations software and research company in Chicago.

Our blog, which launched in June 2007, ranks at No. 37 in a survey conducted by Cision, which describes itself as "the leading global provider of media relations software services and solutions for public relations professionals."

The top five blogs on the list are (1) Above the Law; (2) The Volokh Conspiracy; (3) Grits for Breakfast; (4) TalkLeft: The Politics of Crime; and (5) The BLT: The Blog of Legal Times. (The full rankings can be viewed at this link.)

I must confess to being late to the party on this. Cision released the rankings on November 16, 2012, and I didn't find out about it until one evening last week. How did it come to my attention? Well, that requires another confession: In pursuit of self-satisfaction (and glorification?), I was Googling my own blog. The first four pages of results produced material I had seen before, but on page five, I happened to spot something that referenced "Legal Schnauzer and top 50 law blogs."

My immediate response? It was something, "What the hell?" (And yes, when a new phone directory arrives, my first act is to check and make sure my name is in there.)

When I clicked on the link and discovered that a media-relations company in Chicago had kindly included me in its list of top 50 law blogs, I was dumbfounded. What was my exact reaction? After wetting myself three or four times in glee--and running down the stairs to break the news to Mrs. Schnauzer at the top of my lungs--I thought I handled myself with professional aplomb.

In a moment of trying to channel Sally Field, I might have said something along the lines of, "They like me, they really like me!"

Seriously, this is a pretty nice achievement--and the recognition is deeply appreciated. On top of that, I have no idea how Legal Schnauzer came to make the rankings. I don't recall ever hearing from anyone at Cision, before or after the rankings came out. I don't recall anyone telling me they were nominating my blog for such a survey. 

I have learned that Cision conducts surveys of top blogs in a variety of fields--education, automotive, public relations, food, travel, weddings, PR and marketing, consumer electronics, etc.

Kristen Sala, senior manager for electronic media, wrote the blog post that introduces the top 50 law blogs for 2012, and here is how she describes the process used for compiling the rankings:


Law surrounds us daily. It affects all of us, from a politician running for office, to the head of a successful PR firm, to the author of an independent blog who works out of the comfort of her home. The law has even made its way into a few prior CisionBlog posts, including our piece outlining Twitter's copyright infringement policy, and our Q&A on content publishing and distribution.
In light of this ever-present topic, we ranked the top 50 independent law blogs in North America. The list was created using Cision's media database, and blogs are ranked based on our Cision Influence Rating. Reaching out to varied audiences, these blogs cover a range of law-related issues. Some offer tips to future law professionals on how to get into law school, while others offer tips to seasoned attorneys on how to keep themselves organized or argue a case. There are blogs that approach law from an outside perspective, offering unbiased updates on recent trials and cases; while others focus on one branch of law and might offer consumers an inside scoop on taxes or copyright.

Here is the Cision top 50 for 2012. As you can see, our little blog is in some lofty company:


Monday, September 23, 2013

Readers Pitch In To Support An Independent Voice Among The Top 50 Law Blogs In North America


Murphy Abigail Shuler, the schnauzer
who inspired a top 50 law blog
We have been heartened by response to the first fund-raising campaign in Legal Schnauzer history. For six-plus years, this blog has been a "no profit" enterprise, with no ads, no donate button, no form of external support. That changed last Thursday when we installed a donate button in the upper left-hand corner of the blog, and we are pleased to report that a number of readers have been most generous in their support.

Why does this matter? A look at a 2012 ranking of "The Top 50 Independent Law Blogs in North America" provides perspective. And it suggests Legal Schnauzer might be the only blog of its kind in the Unites States and Canada. To be sure, the number of like blogs is extremely small.

Cision, a Chicago-based social media/marketing firm, compiled the ranking, and we were pleased to discover that Legal Schnauzer came in at No. 37. Actually, we were more than pleased; we were stunned, almost speechless--and regular readers know that is an unusual state for us.

How many law blogs are there in North America? We don't know, but our research indicates they number well into the hundreds of thousands; wouldn't be surprised if it tops a million. To think that a one-man operation like Legal Schnauzer could break through all of that clutter to reach the top 50 . . . well, I'm still dumbfounded--especially when you consider I did nothing to push for inclusion in the Cision survey, and I didn't even know it was taking place.

Perhaps the most curious element of the Cision rankings is its use of the word "independent" to describe the blogs on the list. I've read everything I can find about Cision and its surveys, but I still don't know what they mean by "independent law blogs." My best guess is that it refers to legal blogs that are not attached to any form of mainstream media, such as a newspaper, magazine, or broadcast outlet.

I've researched each blog in the top 50 and discovered many of them are not as "independent" as it might appear--certainly not when compared to the kind of independence we have here at Legal Schnauzer. In fact, it appears that LS is one of only two blogs on the list that could be called truly independent.

Do most of the blogs on the Cision list receive some sort of institutional support? The answer is a yes, and here is a breakdown:

* Of the 50 blogs, 47 are written by lawyers; those lawyers are connected to law firms of various sizes;

* Of the 50 blogs, 27 are group blogging efforts, including more than one author. Some have a dozen or more writers;

* Of the 50 blogs, 13 are connected to law schools;

* Three of the blogs are tied to a major publishing house, American Lawyer Media.

* One of the blogs, LSAT Blog: Ace the LSAT, appears tied to a business enterprise, with ties to the legal and publishing fields.

Legal Schnauzer is the only blog on the list that is based in Alabama, and only four others are in the Southeast--three in Florida and one in Atlanta.

The only other truly independent blog on the list appears to be Grits for Breakfast, which focuses on the Texas criminal justice system and came in at No. 3. It is the work of Scott Henson, who describes himself as "a a former journalist turned opposition researcher/political consultant, public policy researcher and blogger."

Henson has been an associate editor at Texas Observer and has worked for the ACLU, the Sunshine Project for Police Accountability, and the Innocence Project of Texas. He has an impressive background, and if I am alone in his company on the Cision list . . . well, that seems like a pretty good place to be.

This much is clear: Independent voices in the legal blogosphere are rare. We are fortunate here at Legal Schnauzer to have readers who recognize the value in what we do. Whether their support is financial, moral, emotional, informational, or otherwise, it all is greatly appreciated.

For the record, it's probably safe to say that we are the only law blog that draws inspiration from the memory of a beloved pet. Our work is dedicated to Murphy Abigail Shuler (1993-2004), the miniature schnauzer who helped us survive some of the darkest days of our personal legal nightmare. Since starting this blog, I've heard from an extraordinary number of similar victims; they come from all corners of the United States.

That reminds me of Hillary Clinton, who is famed for saying, "It takes a village to raise a child." I've come to learn that it also takes a village to shine a spotlight on a broken justice system.

Legal Schnauzer might be a one-man operation, but it's never been a one-man effort. Those who have pitched in to help have our deepest gratitude.

Monday, September 23, 2024

Within seconds, Birmingham's bustling Five Points South turns into a scene of chaos and bloodshed as the scourge of mass gun violence spreads to a special place

The iconic fountain in Five Points South (AL.com)
 

Birmingham, Alabama, the city where I gave birth to this blog 17 years ago, was the site Saturday night of a mass shooting that left 17 people injured and four people dead. Law-enforcement authorities say the incident appears to be a "hit," perhaps a murder-for-hire. They believe the target of the shooters was among those killed. The shooting took place in the popular Five Points South entertainment district, which is filled with bars, nightclubs, restaurants, and music venues. Witnesses said the district was bustling with activity when shots rang out Saturday night. Soon, blood could be seen pooling on sidewalks, near street corners and crosswalks, and vehicles parked nearby.

Five Points South is located just a few steps from the campus of the University of Alabama at Birmingham (UAB), where I worked for roughly 25 years before being cheated out of my job for daring to write a blog about legal and political corruption in the area, most of it with roots in Shelby County, which is well outside the Birmingham city limits. 

What happened to me at UAB? I might never know the full story. But I do have evidence that at least two lawyers were displeased  about my reporting and were concerned it might interfere with the haul they hoped to rake in from participation in a lawsuit that evolved from the HealthSouth Corporation accounting scandal. Both of these lawyers have enough ties to UAB and state government to get me fired for no reason -- and if they did not actually push for the firing, they almost certainly know who did. 

The Hush Lounge (NY Times)
 

Why start a blog about corruption in the Birmingham area? Well, because of a difficult neighbor named Mike McGarity (with an extensive criminal record), who moved in next door and kept trying to make our real property (our yard) his own, my wife Carol and I wound up in court trying to protect what was legally ours and to keep someone from getting hurt on our property, which likely would have caused our homeowner's insurance to skyrocket. I wrote in 2012 that I saw signs McGarity might be dangerous, and he later proved me correct by committing  felony assault by hitting me in the back with a roadside sign. I refused to press charges because Shelby County deputies would not bring the case as a felony, which it clearly was under state law (see here and here).

Carol and I kept running headlong into judges who served up rulings that had nothing to do with the actual law. This started with state-court judges in Shelby County named Ron Jackson, J. Michael Joiner, and, Dan Reeves. The mainstream media largely ignored the activities of rogue judges, so I figured citizens would have no idea how their taxpayer dollars were being wasted if I didn't step forward and tell them. That is how Legal Schnauzer was born.

In 2012, a Chicago-based  company called Cision, which bills itself as "a leading global provider of media relations software services and research solutions for public relations professionals" named us among the top 50 independent law blogs in North America.

We were ranked No. 37, and since we were not affiliated with any law firm, law school, media company, publishing house, business enterprise, group-blogging effort, or professional association we were one of only two truly independent blogs  on the list.

The only other independent blog on the list appears to be Grits for Breakfast, which focuses on the Texas criminal justice system and came in at No. 3. It is the work of Scott Henson, who describes himself as "a former journalist turned opposition researcher/political consultant, public policy researcher and blogger."

Henson has been an associate editor at Texas Observer and has worked for the ACLU, the Sunshine Project for Police Accountability, and the Innocence Project of Texas. He has an impressive background, and if I am alone in his company on the Cision list . . . well, that seems like a pretty good place to be.

Let's return to the subject of UAB and the mass shooting that turned the usually joy-filled Five Points South into a deadly setting.

As for UAB, why would the highly regarded university -- the driving engine of Birmingham's economy -- fire a veteran employee who engaged in activity that clearly was protected by the First Amendment, and I did it on my own time, with my own resources? In fact, UAB could not even settle on any offense I committed, certainly not a fireable offense. In a  grievance hearing, my supervisor Pam Powell admitted she had no evidence to support her actions against me, and a UAB IT employee named Sean Maher, said he had been asked to monitor my computer use for 30 days and found I had never opened my blog at work, much less actually worked on it. No one else in our group was subjected to such surveillance, only me. Why would Powell and her cohorts repeatedly deal with my situation in violation of the UAB Employee Handbook?

UAB's public-relations spin machine was an embarrassment, tossing out claims that ran wildly contrary to the findings of their own grievance committee. Gary Mans and Dale Turnbough were the main perpetrators of this hatchet job designed to destroy my reputation. 

If you get cheated out of your job, can you count on a federal judge to provide justice? Oh, no. My UAB case helped bring me into the presence of four federal judges -- William Marsh Acker Jr., Abdul Kallon, David Proctor, and Virginia Emerson Hopkins. Acker now is deceased, and two of the other three no longer are active federal judges. Acker's actions in my case were particularly grotesque. He granted summary judgment to the university without giving me a chance to conduct any discovery, which is a gross violation of both procedural and case law. (See Snook v. Trust Company of Georgia, 859 F. 2d 865 (11th Cir., 1988).) He told me in open court that he was going to cheat me repeatedly by abusing the process for a writ of mandamus, which is a form of interlocutory appeal. 

Despite periods of unpleasantness, I still hold many fond memories of UAB. And most anyone who has spent time in Birmingham, has been to Five Points South-- and it's hard not to enjoy the place, partly because of its eclectic mix of establishments -- from The Original Pancake House to Golden Temple Natural Grocery and Cafe to the now-defunct (but never forgotten) Charlemagne Records.

So, what exactly happened Saturday night in Five Points South? The chaotic nature of the incident, and the lack of time that has passed, make it difficult to piece together the facts. But here is one of the best accounts we've seen, from Carol Robinson, veteran crime reporter for Al.com (formerly The Birmingham News), plus Ruth Serven Smith, and Hannah Denham: 

Local and federal agents are searching for people with information about a deadly mass shooting that left four people dead and at least 17 others injured outside a Birmingham club Saturday night.

The shooting happened just after 11 p.m. in the 2000 block of Magnolia Avenue South, as people were standing in line to get into Hush, a hookah and cigar lounge.

Birmingham Police Chief Scott Thurmond said the shooting may have been a murder-for-hire and that more than 100 shell casings were collected at the scene.

Here’s what we know so far about the deadly shooting. This story will be updated as more information is available.

How can people help?

Police and Mayor Randall Woodfin are urging anyone with  information to speak with officers. Businesses in the area are being urged to share surveillance video.

You can submit information to police here. You can also call investigators at 205-254-1764 or Crime Stoppers at 205-254-7777.

Who was killed?

Sunday evening, police identified three of the four people killed as Antria Holloman, 21, Tahj Booker, 27, and Carlos McCain, 27. A fourth person died at the hospital.

Who was injured?

Police estimate that 17 people were hurt in the shooting and ensuing chaos.

Gabriel Eslami, 24, of Trussville, was among the many injured.

“It’s just gun smoke and peoples’ bodies laid out on the pavement,’’ he said. “Physically, it’s hard to walk, but by the Grace of God, it didn’t hit anything major.” 



Flowers mark the shooting scene (WVTM)


 

University of Alabama at Birmingham spokesperson Alicia Rohan said on Sunday evening that UAB Hospital has treated 12 victims, total.

“This included one deceased victim brought to UAB Hospital from the scene, per the Birmingham Police Department,” she said. “We are currently treating 4 victims with conditions ranging from good to critical.”

How did the shooting occur?

Multiple shooters pulled up in a car, Thurmond said, got out and fired shots and then drove away.

The targeted victim in the murder-for-hire was likely found at the scene by the shooters. “Wherever that (targeted) person was is where it was going to take place,” Thurmond said.

Who are suspects in the shooting?

As of Sunday morning, police have not identified the suspects or people of interest.

A related shooting?

On Sunday night, three people were shot in the South East Lake community, specifically the 700 block of 81st Place South. A man injured in that shooting died.

“One of our personnel received intel that this may be related (to the Five Points South shootings),’’ said Officer Truman Fitzgerald. “So anytime we have a community member willing to step up and give information, we’re going to investigate that the best we can.”

Was the Hush Lounge involved?

Ryan Pryor, who opened Hush in 2019 and retired after 20 years as a Birmingham police officer in March, was at his club when shots rang out.

“I would like to stress that this had nothing to do with Hush itself. My heart goes out to the families, and I stand with Birmingham on correcting this violence. This gun violence has to stop,” Pryor said.

On Sunday morning, Pryor was preparing to reopen the business.“We need to try to get back to some kind of normalcy,” he said.

Hush, at 2012 Magnolia Ave., is a speakeasy-style lounge located in the underground space at Pickwick Place retail center. The club often features bottle service, parties, DJs and recently celebrated its fifth-year anniversary in June.

What are officials saying?

Birmingham Mayor Randall Woodfin asked Sunday morning for help from state officials to regulate conversion devices that turn guns into automatic weapons.

“Converting a semi-automatic weapon into a fully automatic weapon that discharges all bullets within seconds doesn’t belong on our domestic streets,” Woodfin said in a Facebook post Sunday morning. “This shouldn’t be up for debate. This morning, too many families have to pick up the pieces of an unfair new normal that doesn’t include their love one.”

Thursday, December 3, 2020

PNC Bank bought Balch Bingham's No. 2 revenue producer, and one day after our report about PNC's commitment to diversity, Balch launches program to boost minority- and woman-owned businesses

Recent Balch Bingham associates
 

Birmingham's Balch and Bingham law firm yesterday announced the launch of a program to boost minority- and woman-owned businesses. The announcement comes one day after a Legal Schnauzer report about Pittsburgh-based PNC Bank, which recently purchased BBVA USA (Balch's No. 2 revenue producer, after only Alabama Power), and its commitment to diversity via an alliance with long-time outside law firm, Ballard Spahr of Philadelphia.   

In our Tuesday post (12/1/20), we asked: Would Balch, desperate to keep its revenue stream flowing, try to horn in on the 70-year relationship between PNC Bank and Ballard Spahr? Yesterday's announcement indicates the answer is yes. It also writes another sad chapter in Balch's deceitful, discriminatory, and underhanded (even criminal) actions on matters of race -- which include historic ties to segregationist governor George Wallace, including a 1960s highway-funds scandal with connections to Ku Klux Klan imperial wizard Robert Shelton, and the more recent North Birmingham Superfund bribery scandal, an environmental-racism scheme that Balch allegedly orchestrated, leading to the indictment of two of its partners. 

Still being written is news about a $75-million lawsuit from former Drummond Company executive David Roberson that threatens to unearth mounds of dirt that the U.S. Department of Justice apparently ignored in the Superfund criminal matter. Could much of that dirt blow back on Balch? The answer is yes, but you would never know that from reading the firm's press release dated 12/2/20. The release would have you believe Balch is a paragon of progressive thinking on matters of diversity. To all of the unflattering Balch-related adjectives noted above, we probably can now add shameless. From the press release via Cision and PR Newswire:

BIRMINGHAM, Ala., Dec. 2, 2020 /PRNewswire/ -- Balch & Bingham, a corporate law firm with more than 200 lawyers across the Southeast and Texas, is proud to announce the launch of Balch Business Boost, a new program to support entrepreneurs of color and/or women-owned businesses by providing free or low-cost legal services.

The program leverages the experience and talents of Balch attorneys to help emerging and small business owners in several markets across the U.S. as they navigate legal and entrepreneurial challenges to building and sustaining success. The program will also help businesses fuel growth, eliminate barriers and spark momentum.

"The events of the last few months have re-focused our attention on the inequities that remain in our society. It is imperative that we all work together to improve the lives of people and groups who have been forced to overcome unnecessary barriers to achieving success," said Stan Blanton, managing partner, Balch & Bingham.

Balch's attorneys will apply their creative and collaborative approach to assist participating entrepreneurs and small businesses in addressing a wide range of challenges, from employment issues, real estate and corporate matters, to financing, intellectual property and data privacy.  

"We gave thoughtful consideration to what we could do as a firm to effect change, tackle systemic injustices and help businesses succeed in a way that builds on our experience as attorneys. As we reviewed some of the initiatives across the country and listened to community leaders, we concluded that a program to assist small and disadvantaged minority- and/or women-owned businesses could have a meaningful, positive impact in our communities. We believe that Balch Business Boost will help give businesses an extra 'boost' to accelerate their growth and progress," said Blanton.

Events of the last few months have "re-focused [Balch's] attention on the inequities that remain in our society." Really? Does that include inequities that Balch helped create or reinforce -- such as in the Superfund case, where the firm allegedly sought to defeat Environmental Protection Agency (EPA) regulations by bribing a state lawmaker to convince the mostly black residents of North Birmingham not to have their soil tested for industrial toxins.

Any mention in the press release of the EPA scandal, which drew national coverage from The Washington Post and other major news oulets? Any mention of Balch's historic ties to segregation and George Wallace? Any mention of the firm's roundabout ties to a Ku Klux Klan leader. Nope, nope, and nope. This is revisionist history of the highest order. The release does tell us how Balch Business Boost is designed to work:

The firm's program launches initially in Birmingham and Montgomery, Ala., Atlanta and Augusta, Ga., Gulfport and Jackson, Miss., Jacksonville, Fla., and Houston. Businesses eligible to apply for the program should be owned by women or entrepreneurs of color and meet one of the following criteria:

  • Less than an average of $400,000 in annual operating revenue over the past two years
  • Less than $500,000 in assets or $250,000 in liquid assets.

Inclusion is subject to additional requirements, and acceptance will be determined on a case-by-case basis. To be considered, please visit www.balch.com/boost and complete the application.

In addition to launching the program, Balch is collaborating with community organizations in our locations that provide complementary services and support entrepreneurs of color and/or women-owned businesses. The firm hopes these organizations will help identify businesses and entrepreneurs who have faced disproportionate challenges in recent months, as well as other businesses that could benefit from the additional boost Balch can provide through free or low-cost legal counsel.

"We believe diversity and equality bring important value to our communities. We are undertaking this effort to help entrepreneurs and businesses thrive, which in turn benefits our entire economy," said Blanton. "Through this program, we hope to promote entrepreneurship and economic growth that will unlock the potential for advancement for many across our footprint."

For additional program information, please visit www.balch.com/boost

Thursday, September 19, 2013

Nation's No. 1 Legal Blog Shines A Glaring Spotlight On U.S. Judge Bill Pryor's Connections To Gay Porn



The No. 1 legal blog in the country yesterday picked up on our reports about photographs of U.S. Circuit Judge Bill Pryor that appeared in the 1990s at a gay porn Web site.

Above the Law (ATL), founded by Yale Law grad David Lat and based in New York City, helped unmask Pryor with a post titled, "Underneath His Robes: Nude Photos of a Federal Judge?"

ATL's piece didn't do much to advance journalism on the story--in fact, its reporting on the Pryor matter borders on pathetic. But journalism is not ATL's primary purpose. The blog is renowned for its snarky, gossipy take on inside legal news--and its audience of mostly lawyers, judges, legal analysts, and reporters eats it up. The Chicago-based social media/marketing firm Cision ranked Above the Law No. 1 on its 2012 list of the Top 50 Independent Law Blogs in North America.

(Legal Schnauzer ranked No. 37 on that list; best I can tell, we are the only entry not connected to a law firm, university, publishing firm, or interest group.)

Because of ATL's wide reach in legal circles, Bill Pryor must have found the site's coverage particularly painful. Has the Pryor story become the subject of much discussion at law firms, big and small, around the country? Above the Law indicates the answer is yes:


Circles around the water coolers in offices of the federal judiciary are very busy today. It seems that a rumor is circulating about a prominent conservative judge who allegedly posed for nude photographs before heading to law school. The photos, which made their way to badpuppy.com, one of the largest gay pornography sites on the worldwide web, depict a handsome young man staring into the camera, expressionless, his genitalia fully exposed.

Before zeroing in on Pryor, ATL notes that he is not the first judge to face scrutiny because of sex-related missteps:


If true, this would not be the first time that a respected jurist has inadvertently revealed what lies underneath their robes. Judge Wade McCree of Michigan bared it all when one of his sext messages was leaked to the public. Madam Justice A. Lori Douglas blushed red as a Canadian maple leaf when nude photographs of Her Honor engaging in bondage acts surfaced online.
On the other hand, if the gossip that is making the rounds is true, it would likely be the first time that a federal judge seated on one of the United States circuit courts has been caught with his pants around his ankles — or in this case, with no pants at all . . .

Who is this pantless judge? That would be Bill Pryor, the conservative boy wonder from Mobile, Alabama, who now makes his home in the Birmingham suburb of Vestavia Hills--and has his federal duty station at the Hugo Black U.S. Courthouse downtown:


The judge implicated in this affair is William Holcombe Pryor Jr. of the Eleventh Circuit, who also serves on the U.S. Sentencing Commission. Though we have no way to confirm if the accusations are true, we can’t help but notice a resemblance between Judge Pryor and the attractive young man in the pictures (meaning that Judge Pryor is quite the judicial superhottie).

David Lat, by the way, is gay, so that explains ATL's funky approach to the Pryor story, describing him as "quite the judicial superhottie." I would beg to differ with that description of Pryor, but then my perspective is quite different from that of David Lat and his staff.

ATL notes that the story originated with Legal Schnauzer (and yours truly, Roger Shuler), even running one of the photos that we unearthed, providing a discreet black screen over Pryor's genital region. ATL repeats Pryor's assertion to us that the photos are not of him, and then invites readers to decide for themselves.

I get a kick out of ATL's off-center take on legal affairs, and its attention to the Pryor story has got to be a major embarrassment to more than just the featured judge--it's a huge black mark on the entire federal judiciary. I was, however, disappointed with--though not surprised by--the poor journalism on display in the ATL story.

Bill Pryor at ATL
In an apparent effort to be "fair and balanced," Above the Law decided it couldn't report about Bill Pryor's history in gay porn without taking a few swipes at me. ATL reporter Staci Zaretsky points to an attack Web site that calls me a "Cyber Bully" and a "Wannabe Journalist"--never mind that I have a degree from what many professionals consider the No. 1 school of journalism in the country, at the University of Missouri; never mind that I have more than 30 years of professional experience in the field.

Zaretsky also claims I might have an "axe to grind" because I've "lost" a couple of lawsuits in the Eleventh Circuit, Pryor's court.

Here is exactly how ATL addressed these issues:


It’s worth noting that Shuler may have an axe to grind against the judiciary. Other posts on his website refer to federal judges as corrupt, and he’s filed and lost lawsuits in Judge Pryor’s court, the Eleventh Circuit (see here and here). There’s a website dedicated to exposing the supposed truth behind some of Shuler’s scurrilous tales, which notes that he has been sued for defamation and accuses him of being a “Wannabe Journalist, Pseudo Court Commentator and Cyber Bully.”

If Zaretsky had bothered to do the slightest bit of legwork--like picking up the phone and calling me, or sending an e-mail--she would have discovered that, in fact, it's not "worth noting" these issues. And here is why:

(1) Zaretsky's notion that I "may have an axe to grind" should be offensive to anyone, of either gender, who has been victimized and chosen to fight back. Let's apply Zaretsky's thinking to one of the ugliest subjects of all--rape. Imagine a victim who fights back against a rapist with everything she's got--and even proceeds to identify him in court, with all of the stress and blow back that often entails. Does that victim have "an axe to grind" with the man who raped her? Is her axe particularly sharp because she had the audacity to unmask him in a public forum?

(2) Zaretsky provides links to documents from two lawsuits that I've "lost" in the Eleventh Circuit. One was a lawsuit my wife and I filed against debt collectors who violated the Fair Debt Collection Practices Act (FDCPA). The other was my First Amendment/age discrimination lawsuit against the University of Alabama Board of Trustees and other defendants connected to UAB, where I worked for almost 20 years before being unlawfully terminated because of my reporting on this blog.

(As regular readers know, that last sentence is not a guess on my part; I have tape-recorded statements from UAB human-resources official Anita Bonasera admitting I was targeted because of my work here about the political prosecution of former Alabama Governor Don Siegelman. See video at the end of this post.)

Zaretsky tries to make hay over my characterization of several federal judges as "corrupt." But had she bothered to check the case files and relevant law on the two cases cited, she would have found that the judges on those matters did act in a "corrupt" fashion. U.S. District Judge Abdul Kallon butchered the FDCPA case, and as I've reported in a number of posts, that is a matter of public record--it's not just my opinion. The same applies to U.S. District Judge William Acker Jr. and his hatchet job on my UAB case.

Had Zaretsky researched my blog a little bit, she would have found that I've accurately reported the corrupt actions of federal judges on cases that have nothing to do with me. (In fact, only a small percentage of our posts here are about cases involving my wife or me.) Perhaps the best-known examples involve Judge Mark Fuller (Middle District of Alabama) in the Siegelman case and Judge Henry Wingate (Southern District of Mississippi) in the Paul Minor.

Am I a lone whack job, a "disgruntled litigant," howling at the moon by myself about corrupt federal judges? Not exactly. Scott Horton, a Harper's columnist and Columbia University law professor, has written extensively about the unlawful actions of Fuller and Wingate. (See here and here.) Andrew Kreig, a University of Chicago law graduate who is director of the Washington, D.C.-based Justice-Integrity Project, has written numerous reports about Fuller and other corrupt federal judges. (See here and here.) My reports about the Minor case were cited in the U.S. House Judiciary Committee's 2007 investigation on Bush-era political prosecutions.

(3) Zaretsky's reference to a Web site that claims it's dedicated to "exposing the truth" about my reporting is an example of lazy, shallow journalism, of the lowest order.

A 30-second glance at the Web site in question would have revealed that its author is so "dedicated" that he doesn't reveal his identity. It also would have shown that the site offers not one citation to fact or law that counters any of my reporting. Most importantly, Zaretsky easily could have found out that the site is sponsored by someone connected to Campus Crest Communities CEO Ted Rollins, and it started in response to my accurate reporting about Rollins' ties to child abuse, perjury, failure to pay child support, and more. That doesn't even include my reporting about a state investigation in North Carolina based on a citizen's complaint about Rollins' possible child sexual abuse of his stepson--the same stepson who was the complainant when Rollins was convicted for assault.

(4) Finally, Zaretsky claims I have been sued for defamation, without bothering to learn that I haven't been served with any such lawsuit. Given that a court takes jurisdiction only when a defendant has been lawfully served, it's difficult for a complaint to get very far without service--and it's a matter of fact that service has not taken place in the alleged legal action against me.

Did Zaretsky make an effort to research any of that? I guess not, apparently because she was too busy referring to Bill Pryor as a "judicial superhottie."

I give Above the Law high marks for building a substantial audience and bringing attention to the Bill Pryor scandal. As for journalism . . . well, the site's performance is dismal in that regard.

Here is just one example of facts ATL chose to ignore in its hurry to appear "fair and balanced" by attacking the reporter who broke the Bill Pryor story:



Wednesday, December 18, 2024

Donald Trump shows rare signs of being normal, with a warm side, but how long will that last once a journalist poses a question that raises his hackles?

Trump and SoftBank CEO Son (Getty)

As the proprietor of a progressive blog that is about to turn 18 years old, I feel compelled to "share" some background on our little endeavor in the blogosphere. (by "share," I mean "brag about," so here it goes):  Legal Schnauzer has been published continuously since June 2007, and in 2012, a Chicago-based company called Cision ("a global provider of media relations services and software solutions for public-relations professionals") included us among their survey of the top 50 independent law bogs (No., 37 to be exact) in North America. Along the way, I reached the conclusion that Donald Trump is unfit to serve as president of the United States. Based on my social-media accounts and e-mail traffic, a lot of reasonable people (and by "reasonable," I mean "Democrats") have reached similar conclusions. Just this week, we've received multiple reports with new evidence that Trump should not be allowed to run a Weed Eater on the White House lawn, much less setting foot in the Oval Office. 

The first such report came on Monday when Trump conducted a press conference that The New York Times covered under the headline "Trump Meets the Press; Reflecting on how much has changed, and hasn’t, for Donald Trump since he first became president." in the On Politics newsletter. Reporter Shane Goldmacher did not spend much time on the changes he has seen in Trump, and that suggested to me that maybe Trump hasn't changed. That could mean, in my left-of-center brain, that Trump's second term might be a repeat of his first, with all of the attending chaos and dysfunction. It also might mean -- Heaven help us -- that Trump could be even worse this go-around. 

So, how does Donald Trump of 2024 compare to the Trump of 2016 -- in Shane Goldmacher's eyes? Let's take a look:

Nearly eight years ago, I remember walking into the lobby of Trump Tower to cover President-elect Donald Trump’s first news conference after the 2016 election. On Monday (12/16/24), as I watched him turn Mar-a-Lago into the backdrop of his first news conference since he became president-elect for the second time, I couldn’t help but reflect on how much has changed.

And how much hasn’t.

As it turned out, Trump himself seemed to be in a similarly contemplative mood.

“The first term, everybody was fighting me,” he said on Monday. “In this term, everybody wants to be my friend. I don’t know — my personality changed or something.”

Trump’s personality has not, in fact, changed. But plenty of world leaders, American politicians and corporate chieftains have caught on to the simplest and most direct way to Trump’s heart: flattery, preferably in public.

Back in 2016, much of the Republican Party was still openly leery of Trump. Paul Ryan was the House speaker. Mitch McConnell was the Senate leader. Both were Trump skeptics, to say the least, and their own centers of political gravity in the party.

Now, everything in the G.O.P. revolves around Trump.

That sounds innocent enough, but some phrases cause an eyebrow to head skyward. Consider this line: "American politicians and corporate chieftains have caught on to the simplest and most direct way to Trump’s heart: flattery, preferably in public." That suggests  Trump is surrounded by butt kissers, and he likes it that way. (Nothing new about that; same old Trump.)

And consider this: "Now, everything in the G.O.P. revolves around Trump." That would be fine if Trump were a gifted politician and a shrewd master of governance. But Trump is neither of those things. And it would be nice if he had a sliver or two of integrity. But as his "convicted felon" status suggests, Trump has a few challenges in the integrity area. And we've seen few signs that he has learned anything from the deluge of mistakes he made in his first term. Goldmacher writes:

The way top Republican congressional leaders all piled into the same luxury suite as the president-elect at the weekend Army-Navy game was symbolic of their relationship. Speaker Mike Johnson all but owes Trump his gavel. And while Senator John Thune has previously been no MAGA mouthpiece, he has had only positive words for Trump since his ascent to becoming his chamber’s majority leader.

“We have a big head start — last time we didn’t,” Trump said. “And last time we didn’t know the people, we didn’t know a lot of things.”

Trump seemed to exert his new authority over the party by flashing some magnanimity on Monday.

I don't think I've ever seen "Trump" and "magnanimity" used in the same sentence before. Now, that is new! Let's see what's going on, per Goldmacher:

[Trump] suggested that he wouldn’t necessarily seek to encourage primary challengers against Republican senators who oppose his nominees — at least if he deems their objections “reasonable” and not “stupid.” (Notably, he continued to throw his support behind Pete Hegseth, saying that if he is not confirmed as defense secretary it would be a “tragedy.”)

Trump also opted against publicly strong-arming Gov. Ron DeSantis of Florida to appoint Trump’s daughter-in-law Lara Trump to the United States Senate, calling it the governor’s “choice” and even saying he didn’t expect DeSantis to give her the nod.

“No, I don’t — I probably don’t,” Trump said. “But I don’t know.”

What is the biggest change for Trump? In 2016, he portrayed himself as drainer of the D.C. Swamp. Now, he is part of the swamp. Goldmacher writes:

Trump’s management of all these Republican relationships, whether he wants to acknowledge it or not, is the surest sign of how much a political insider he is this time around.

Back in his first post-2016 news conference, Trump had attacked the pharmaceutical industry for having “a lot of lobbies and a lot of lobbyists.” On Monday, he bragged about having just had dinner with top executives at Eli Lilly, Pfizer and other industry representatives along with his pick as health secretary, Robert F. Kennedy Jr., and others.

“The dinner was fascinating,” Trump said on Monday, before repeating the pharma industry’s talking points attacking the “middlemen” in the drug industry as the real villains driving up costs. It’s a line the pharmaceutical lobby has pushed in advertising.

“We’re going to knock out the middleman,” Trump said on Monday, adding, “I don’t know who these middlemen are but they’re rich as hell.”

It was a reminder that those whispering in Trump’s ear in private often have their positions echoed in public. It’s one of the reasons a parade of tech titans have been making the Mar-a-Lago pilgrimage — much to Trump’s delight. Sundar Pichai. Sergey Brin. Tim Cook. And soon Jeff Bezos. Elon Musk, meanwhile, has become a constant companion.

“The biggest difference is that people want to get along with me this time,” Trump declared, before adding, “Getting along is a great thing.”

Some executives learned that lesson the first time.

The ostensible reason for Monday’s news conference — a $100-billion investment from SoftBank in American projects — was a throwback to 2016. The firm’s chief executive, Masayoshi Son, had made an eerily similar pledge eight years ago (then it was $50 billion) after a private meeting with Trump.

Son appeared with Trump on Monday, who prodded him to double the investment to $200 billion on the spot.

“He’s a great negotiator,” Son said.

One thing that hasn’t changed in the last eight years is that anytime Trump is in front of a bank of television cameras taking questions for an hour, he is likely to unleash a news tsunami.

And so it was on Monday.

He left open the possibility of pardoning New York’s mayor, Eric Adams, who was indicted on federal corruption charges. He spoke fondly of TikTok, when lawmakers voted to force a sale of it earlier this year (“I have a warm spot in my heart”). And he said the government knows the full story of what is happening with the recent “drone sightings” but “for some reason, they don’t want to comment.”

One through line with Trump is his frustration with the free press. In his post-2016 news conference, he assailed CNN as “fake news” and expressed frustration with the publication at the time of an unproven dossier of allegations of ties to Russia.

“With freedom comes responsibility,” he said back then.

Now he was targeting The Des Moines Register over its publication of a poll that showed him trailing in Iowa before the election — when he won the state easily. He promised more libel lawsuits just after he settled a defamation suit with ABC News for $15 million.

“We have to straighten out the press,” he said now.

Another Trump constant is his obsession over trade and tariffs.

“We don’t make good deals anymore,” he said eight years ago. On Monday, he had only the slightest revision.

“Let’s just say this,” he said, “we’re going to make great deals.”

In the end, Goldmacher reveals several signs that Trump, indeed, possesses at least the hint of a warm side. How long will that last? We will examine that question in upcoming posts.