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Text of the page (random words):
infinite jeff we will in fact be greeted as liberators skip to content we will in fact be greeted as liberators menu blog about another 29 april 2019 categories uncategorized more 22 april 2019 categories uncategorized temp 18 april 2019 categories uncategorized ta cheers bye 29 march 2017 30 march 2017 categories law politics tags article 50 brexit donald tusk european union theresa may memorandum 13 february 2017 to democratic members senate judiciary committee from jeff re recommended approach to gorsuch confirmation hearings categories law politics tags filibuster merrick garland neil gorsuch senate supreme court so called president 5 february 2017 categories law photography design politics tags donald trump executive order immigration trump the trump era begins 20 january 2017 22 january 2017 categories photography design politics tags american carnage donald trump inauguration trump self portrait with altostratus 9 december 2016 categories photography design tags 3d avatar photoshop post election outreach to clients what s really at stake 11 november 2016 29 november 2016 i ve been asked what it was that made me so uncomfortable about putting out a standard post election memorandum to clients describing potential regulatory changes under the new administration i ll get to that in a moment now it s time for us to heal the bitter divisions join together as one nation and consider how we defend our country our clients and ourselves from the dangerous tyrant we just elected president donald trump president donald trump threatens national security and menaces the rule of law by his own statements anyone can see that the man stands far outside the norms that have guided our democracy and its leaders for 240 years he s functionally illiterate and may be uneducable he appears to have a range of diagnosable personality disorders this is not just me on a rant this is a widespread bipartisan across the spectrum opinion the only thing the people who hold this view have in common is an ability to see a picture of the national interest bigger than the potential for career advancement or revenue opportunities and yet here we are only three days after the election and already entering the normalization phase the president elect sits down with the president the first lady elect has tea with the first lady there is news of transition teams and cabinet appointments and law firms talk to clients about legislative and policy initiatives to expect from the incoming administration that s what made me so uncomfortable about publishing a standard post election client memo by treating this like any other presidential transition from one political party to the other the memo would have helped albeit unintentionally to normalize trump and as a result would have misled our clients about what they really have at stake most of our clients are participants in regulated markets of one kind or another and as we all know have made the management of regulatory risks and enforcement risks a core element of their strategies and a key driver in almost every decision making process the regulatory risks or perhaps i should say benefits posed by the incoming trump administration may well be more or less what you d expect from a conventionally conservative republican led government that stands for lower taxes and rising sea levels and so our clients may feel free to mutter excellent while steepling their fingers mr burns style the enforcement risks are another matter entirely i ll cut to the chase the single most salient thing we can say to our clients about the incoming trump administration is that investigative and prosecutorial discretion and the degree to which firms need to factor into their risk management protocols the potential for abuse of that discretion may be about to change big time donald trump has already made very clear his interest in the retaliatory potential of the presidency he has already announced an intention to use his executive power to punish his opponents and critics already suggested that he would order the department of justice and various other agencies of the federal government s administrative and law enforcement apparatus to abuse their investigative and prosecutorial discretion by targeting his enemies that is what trump has said is it unfair or unseemly to take the president elect at his word above almost all else our clients depend on the rule of law the possibility of investigative or prosecutorial misconduct that is the chance that firms could become the targets of investigations or enforcement proceedings arbitrarily and for reasons unrelated to their regulatory compliance record makes it exceedingly difficult for our clients to manage enforcement risks on any rational cost benefit basis adding to the costs of prosecutorial misconduct are the various collateral consequences that increasingly attach to enforcement determinations and the profound disruptions that even a civil investigation can cause for many firms in regulated industries i think we owe our clients an even tempered evaluation of the possibility based on widely reported statements that the trump administration would commit abuses of investigative and prosecutorial discretion by targeting individual firms or entire industry sectors on a retaliatory basis we should include a summary of the federal government s institutional defenses against such abuses from the investigative guidelines adopted by past attorneys general and the rules against white house interference in doj decision making to the institutional cultures of the doj and other federal law enforcement agencies we should be frank about how fragile those institutional defenses may be when under sustained attack a memo like this would be far more valuable to our clients than the usual what to expect from the new administration fare and i think we would get some very positive feedback and high scores for originality and daring best of all we would ensure that our firm does its part to keep donald trump on the far side of normal where he belongs until at long last he resigns or is impeached go ahead call me hysterical but when the history of this awful chapter is written big firm lawyers will be exhibit a in the account of how trump was normalized after the election and how the rule of law was left unattended and at risk maybe that s what we ve become standing on abstract principles like rule of law is so last century we have a business to run and our commercial interests appear best served by speaking sweetly to power big firm lawyers aren t alone of course all the other professional service businesses that comprise the flattering classes all of us whose primary function is to protect and defend the wealth of others seem to have the same means of self preservation we assume no one would want us to focus on long or even medium term risks to fundamental rights or the rule of law not when tax cuts and financial deregulation are right around the corner so we normalize the greater threat and hype the opportunities for our clients i guess we ll see what happens next for present purposes when i say regulatory risks i mean the risks that the adoption of new or amended federal laws regulations and agency interpretations will affect a client s costs of engaging in regulated activities when i say enforcement risks on the other hand i mean the risks that a client s compliance with existing federal laws regulations and agency interpretations will become the subject of an investigation or enforcement proceeding brought before a federal administrative or law enforcement agency and in cases of alleged criminal violations referred to the us department of justice categories law politics tags enforcement risk normalizing prosecutorial misconduct regulatory risk retaliation rule of law trump tyranny wait what 8 november 2016 4 december 2016 9 54pm est categories photography design politics tags 2016 elections clinton trump calling it early clinton 322 trump 216 updated 8 november 2016 4 december 2016 7 45am est categories politics tags 2016 elections clinton election electoral vote trump conscience 22 october 2016 categories nothing photography design tags avatar conscience joe mccarthy joseph welch photoshop superego post navigation older posts 1 2 9 next recent posts another more temp ta cheers bye memorandum so called president the trump era begins self portrait with altostratus post election outreach to clients what s really at stake wait what archives april 2019 march 2017 february 2017 january 2017 december 2016 november 2016 october 2016 september 2016 august 2016 june 2016 may 2016 april 2016 march 2016 february 2016 january 2016 december 2015 november 2015 october 2015 september 2015 august 2015 july 2015 june 2015 may 2015 april 2015 march 2015 february 2015 january 2015 december 2014 november 2014 june 2012 december 2011 november 2011 october 2011 september 2011 august 2011 july 2011 june 2011 may 2011 january 2011 november 2010 september 2010 august 2010 july 2010 april 2010 march 2010 november 2009 october 2009 september 2009 august 2009 july 2009 june 2009 may 2009 april 2009 march 2009 february 2009 january 2009 december 2008 categories economics finance law nothing photography design politics uncategorized tags 2016 elections avatar bank of america banks beach brexit bush center for community change china cia dodd frank dof donald trump econolypse european union geithner hurricane ideology inauguration law firms lawyers lemon socialism miniature nationalization new york city obama obamacare photo photoshop proprietary trading public private fund recession sec sheldrake river sunset supreme court tarp terrorism tilt shift timewasting torture trump volcker rule war crimes xtranormal search for economics finance a fistful of euros angry bear baseline scenario ben bernanke brad delong calculated risk dealbreaker econbrowser economist s view equitable growth freakonomics greg mankiw info law interfluidity jacobin jurisdynamics m a law prof macroeconomic advisers marginal revolution mathbabe megan mcardle mit sloan experts naked capitalism overcoming bias paul krugman professor bainbridge rortybomb stumbling and mumbling the big picture the conglomerate truth on the market yanis varoufakis law above the law access to justice american constitution society ann althouse balkinization cls blue sky blog concurring opinions election law blog feminist law profs how appealing info law jurisdynamics just security law humanities lawfare legal profession blog legal theory blog m a law prof opinio juris prawfsblawg professor bainbridge religion clause scotus blog sentencing law and policy the conglomerate the volokh conspiracy truth on the market wsj law blog politics alternet andrew gelman angry bear ann althouse balkinization blue nation review brian beutler center for community change common dreams crooked timber crooks and liars dan drezner democracy in america ed kilgore election law blog eschaton atrios firedoglake first draft fivethirtyeight fredrik deboer gin and tacos glenn greenwald hullabaloo digby jacobin joe my god jonathan chait juan cole kevin drum lawyers guns and money matt bruenig memeorandum national journal no more mister nice blog paul krugman radley balko rod dreher ta nehisi coates talking points memo the volokh conspiracy vox vsb meta log in entries feed comments feed wordpress org infinite jeff 2026 scroll back to top
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