I’ve been bringing you updates on the U.S. Attorney’s office in Chicago, the current U.S. Attorney Andrew Boutros and the expanding grand jury misconduct corruption scandal enveloping the office. Of course, this is not limited to Chicago. It’s highly likely, though defense attorneys haven’t yet been able to pry free evidence, that the Broadview Six indictment came down under pressure from Washington, whether that was from the White House, Justice Department or the Department of Homeland Security. The deeper corruption of the DOJ is a story me and my colleagues have been reporting on for the last year and a half — cover-ups, retaliation against political adversaries, various flavors of corrupt and criminal conduct.
So it’s everywhere. It’s starts at the top and it trickles down everywhere. But in most cases we’re talking about corruption and misconduct directed from above, from Trump and his top fluffers. But the DOJ is a big, big institution. Lots of people. There are 93 U.S. Attorneys Offices. So there are many flavors of corruption. And I wanted to share with you a slightly different kind. This is courtesy of TPM Reader LS who shared this article from Bloomberg Law (which David also flagged in Morning Memo today). It’s about Sigal Chattah, the acting U.S. Attorney in Nevada’s single U.S. Attorney’s office. It’s a wild, wild article. Totally bonkers stuff I was surprised I hadn’t heard about before. But it kind of makes sense since it’s hard to get attention for wild levels of corruption and misconduct and simply absurd behavior in a semi-out-of-the-way U.S. Attorneys office when we’re seeing examples of the same every day at Main Justice.
Anyway, here’s the story.
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I was thinking last night about the denouement of the Broadview Six case, a collapse which I’m told by some legal observers stands a non-trivial chance of seeing some of the prosecutors disbarred. And I contrasted it with the series of TPM Reader emails about the “fancy lawyers.” A number of these emails start out with some version of, I’m not part of the legal elite, I’m just working here in the trenches as a lawyer in [this or that mid-sized city in the United States]. Or maybe, my background is in elite law but I’m down here in the trenches, etc.
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If you’re not a regular listener to our podcast, I hope you’ll listen to the episode that will come out later this afternoon. It was, I think, a particularly good episode, in large part because we had such critical issues to discuss: Callais, the wave of emergency redistrictings across the southern tier of the old Confederacy and what seems to be a sea-change moment on Supreme Court reform among establishment Democrats. I want to expand today on some points about Supreme Court reform, offering some of the historical background for this present moment.
Every current member of the Supreme Court comes out of what we might call the elite academic-judicial nexus, which is to say they’ve been law professors at elite universities and judges in the federal judiciary. I believe this applies to all the current justices. It didn’t used to be this way. It used to be relatively common to have justices who had never served as judges before and had never been law professors. Frequently they were ex-politicians. Famously, William Howard Taft was an ex-president when he became chief justice. Earl Warren was a popular Republican governor of California who had never served as a judge until president Eisenhower nominated him as chief justice. If you go further back, many justices never even went to law school, though this was more a matter of the evolution of legal education. The last non-law school justice was James F. Byrnes. (In earlier history, you generally learned the law as a kind of apprentice and then passed the bar to practice.) There was a brief boomlet of chatter when Bill Clinton was elected that he should or would try to re-inject this “politician on the Court” tradition back into the system. Of course that didn’t happen. The idea has scarcely been entertained since.
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Yesterday, Lauren Egan — who authors The Bulwark’s newsletter about Democrats — sent out a newsletter edition entitled “Get Ready for the Dem Court-Expansion Litmus Test.” (Egan tends to be fairly dismissive of Democrats’ intentions, with a kind of mainstream media vibe.) Today Chief Justice John Roberts is complaining that the public is misinformed thinking that the Supreme Court is made up of corrupt political actors. As I’ve written repeatedly, there are deep inertia pools of opposition to Supreme Court reform. It’s a much heavier, though just as critical, lift than contesting the gerrymandering wars or abolishing the filibuster. But these and other hints show that a movement and a coherent push are beginning to take shape.
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