Minimum Competence - Daily Legal News Podcast
Minimum Competence
Legal News for Mon 1/8 - Full SCOTUS Docket Forthcoming, Heightened Security Concerns for Courts, FisherBroyles' Leak of Talent and the NRA Graft and Corruption Trial

Legal News for Mon 1/8 - Full SCOTUS Docket Forthcoming, Heightened Security Concerns for Courts, FisherBroyles' Leak of Talent and the NRA Graft and Corruption Trial

In today’s episode we have a forthcoming historic Supreme Court term, heightened court security concerns, FisherBroyles' exodus, and the NRA graft trial.

A long line of people waiting to get into the Supreme Court of the United States, pencil sketch

This Day in Legal History: Watergate Burglary Trial Begins

On January 8, 1973, a trial commenced that would eventually etch its name into the annals of American legal history. Seven men stood accused in a Washington DC courtroom, all linked to the now-infamous break-in at the Democratic National Committee headquarters, located in the Watergate Hotel. This event, which unfolded on June 17, 1972, sparked a series of revelations that would have profound implications for American politics and the legal system.

The trial, led by Judge John J. Sirica, uncovered a complex web of political espionage and sabotage. Evidence presented during the proceedings pointed to the involvement of high-ranking officials in the Nixon administration. This raised alarming questions about the abuse of political power at the highest levels of government.

The defendants, including operatives of the Committee to Re-Elect the President (CRP), faced charges ranging from burglary to conspiracy and wiretapping. The prosecution's case was bolstered by the discovery of a secret taping system in the White House, which provided crucial evidence. These tapes would later play a central role in unraveling the cover-up efforts by Nixon's aides.

The trial set in motion a chain of events that led to extensive investigations by the media and a Senate committee. These investigations eventually unearthed a pattern of illegal activities sanctioned and covered up by the administration. The revelations from the trial and subsequent inquiries brought to light the vulnerabilities in the American democratic system, especially regarding the checks and balances intended to prevent such abuses of power.

The impact of this trial extended beyond the immediate legal consequences for the accused. It prompted a nationwide introspection on the integrity of political processes and the accountability of elected officials. The Watergate scandal, as it came to be known, ultimately led to the resignation of President Richard Nixon on August 8, 1974, marking the first time a sitting U.S. President resigned from office.

This trial, more than just a legal proceeding, became a symbol of the struggle for transparency and ethical governance. It underscored the importance of an independent judicial system and a free press in upholding democratic principles. The events of January 8, 1973, and their aftermath, thus remain a crucial chapter in the history of American jurisprudence and governance.

The current term of the US Supreme Court is shaping up to be historically significant with the addition of a case determining former President Donald Trump's eligibility for the 2024 presidential ballot in Colorado. The docket includes high-profile cases challenging the power of federal regulators and expanding gun rights, alongside another significant case on abortion access.

Experts like Lisa Blatt and Stephen Vladeck express their astonishment at the gravity and unprecedented nature of the cases before the Court. The term initially focused on the administrative state, but the rapid addition of cases involving Trump and abortion has amplified its importance. The Court will consider overturning the Chevron doctrine, which gives federal agencies leeway to interpret ambiguous laws, impacting a wide range of regulatory areas.

The Trump-related case, Trump v. Anderson, stems from a Colorado Supreme Court ruling about his alleged incitement of the January 6 Capitol attack, raising both legal and political stakes. Additionally, the Court will address whether federal prosecutors can charge January 6 defendants under an Enron-era statute in Fischer v. United States, indirectly affecting Trump.

In the realm of abortion, the Court's docket includes a case on the FDA's rescinding of safety measures for medication abortion in FDA v. Alliance for Hippocratic Medicine, potentially limiting access to the most common abortion method. Another case, Moyle v. United States and Idaho v. United States, concerns whether hospitals can perform abortions in emergencies, with Idaho's prohibition currently in effect.

The Court's agenda also covers gun rights, with cases like United States v. Rahimi, which could temper gun rights expansions regarding domestic violence restraining orders. Additionally, the Trump administration's bump stock ban, enacted after the 2017 Las Vegas shooting, will be reviewed.

Other significant matters include disputes over social media regulation, a major opioid settlement, and a corporate tax overhaul law from 2017. With such a diverse and controversial docket, Chief Justice Roberts faces the challenge of managing these pivotal cases, each potentially reshaping major legal and societal landscapes.

Big Supreme Court Term Now Historic with Trump, Abortion Cases

Law enforcement and court administrators are intensifying their focus on courtroom security following a series of violent incidents and threats across the US. These events include a shooting at the Colorado Supreme Court, an attack on a Nevada judge, and a string of bomb threats that led to the closure of judicial buildings nationwide, all occurring within a single week.

Sheriff James Brown, chair of the National Sheriff’s Association’s committee on court security, emphasizes the importance of resource allocation and strategic placement of officers in courtrooms to prevent hostility and ensure safety. However, the effectiveness of these measures often hinges on the availability of sufficient staffing. Courts across the US, from New York to Texas and Florida to Illinois, are consistently preparing for threats, but the recent surge in violent incidents has heightened concerns and the sense of vulnerability within the court community.

Nathan Hall, a consultant specializing in courthouse planning and security, notes that while court security is a long-standing concern, the recent incidents have escalated the urgency to strengthen protective measures. In response, court leaders are seeking additional safeguards against potential violence. For instance, in Ohio's Cuyahoga County Court of Common Pleas, Judge Brendan J. Sheehan has initiated discussions with the local sheriff to review courtroom security protocols.

This increase in violence against judges is part of a broader trend of threats against government officials, as public trust in institutions wanes. Attorney General Merrick Garland highlighted a "deeply disturbing spike" in such threats. In New York, for example, there was a 66% increase in judicial threats and related incidents in 2023 compared to the previous year. This rise has led to a significant recruitment of court officers, with plans for further expansion in 2024.

Court personnel across the country are feeling the impact of these increased threats. As political tensions rise in the lead-up to the 2024 elections, court administrators may seek more funding from state legislatures for enhanced security measures and additional personnel. Kevin Taylor, Marshal for the First District Court of Appeal in Florida, emphasizes the importance of communication and strategy among court security officers, using recent incidents as case studies to improve preparedness and response.

‘Shell-shocked’ Courts Review Security After Threats, Violence

FisherBroyles, a prominent virtual law firm, is facing a significant exodus of partners due to dissatisfaction with leadership over expense handling and a tax accounting error. The firm's corporate and litigation chairs, Michael Pierson and Joel Ferdinand, left to start their own firm, Pierson Ferdinand, potentially taking up to 130 former FisherBroyles partners with them. This move could represent nearly half of FisherBroyles' workforce and be among the largest law firm spinoffs in recent history.

The departures underscore the economic challenges faced by virtual law firms, which operate with minimal overhead but need to provide sufficient resources to partners. FisherBroyles' model, where partners keep 80% of the revenue they generate, has led to grievances about bearing costs like legal research and marketing, which some believe should be covered by the 20% revenue share returned to the firm.

A significant issue contributing to the discontent was a firmwide tax problem related to California, discovered by a new accounting firm. Partners in other states were informed they would need to pay taxes to California, leading to widespread frustration and sparking the exodus.

In response to these issues, Pierson Ferdinand is implementing changes, such as a profit-sharing plan and substantial investments in technology, contrasting with FisherBroyles' approach. FisherBroyles itself is also planning a profit-sharing plan this year. This isn't the first tax-related problem for FisherBroyles; in 2014, they acknowledged failing to file timely taxes in Georgia and offered to reimburse partners for any resulting penalties.

Despite these challenges, FisherBroyles' founders express confidence in their firm's future and plan to continue providing world-class legal services. The recent upheaval points to the evolving nature of virtual law firms and the balance they must strike between operational efficiency and partner satisfaction.

FisherBroyles Exodus Shows Rift Over Virtual Firm Profits, Taxes

The corruption trial of the National Rifle Association (NRA) and its former leader Wayne LaPierre is set to begin in a Manhattan courtroom. This follows LaPierre's recent resignation as the NRA's chief executive, citing health reasons. The trial, led by New York Attorney General Letitia James, accuses the NRA and LaPierre of misusing millions of dollars for luxuries and other improper practices, including unapproved conflicts of interest and no-show contracts.

James asserts that these actions violated state laws governing nonprofits. The NRA, however, denies any wrongdoing, claiming political targeting by James and arguing that the lawsuit violates their First Amendment rights.

Jury selection for the trial began on January 2, with LaPierre in attendance, and opening statements may also start on the day the trial begins. The NRA is currently facing financial challenges, with a significant drop in revenue and membership in recent years.

LaPierre, who has led the NRA since 1991 and transformed it into a major political force advocating for gun rights, is expected to testify. Other defendants include John Frazer, the secretary and general counsel, and former finance chief Wilson Phillips. Joshua Powell, a former high-ranking NRA official, settled separately, agreeing to reimburse $100,000 and admitting to misuse of NRA assets.

The trial, expected to last six weeks, will be presided over by Justice Joel Cohen. It will focus on the financial misconduct of the individual defendants and determine any repayments to the NRA. The jury will also make recommendations on Frazer's position, while the judge will decide on any removals. The case was allowed to proceed to trial after an appeals court found substantial evidence of mismanagement within the NRA, despite their resistance to leadership changes.

NRA, Wayne LaPierre head for New York graft trial after his resignation | Reuters

Minimum Competence - Daily Legal News Podcast
Minimum Competence
The idea is that this podcast can accompany you on your commute home and will render you minimally competent on the major legal news stories of the day. The transcript is available in the form of a newsletter at