Good Law | Bad Law - Aaron Freiwald

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Good Law | Bad Law - The Case for Impeachment: A Conversation w/ former Watergate Assistant Special Prosecutor Larry Hammond Oct 18, 2019

Show notes

How does the Trump impeachment investigation compare to the impeachment inquiry of Nixon?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Larry Hammond, an attorney and former Assistant Watergate Special Prosecutor, to discuss the Trump impeachment inquiry, the comparisons between Trump and Nixon, as well as Larry’s recent Washington Post article calling for the impeachment of the President.

Last week, 17 former Watergate special prosecutors, including our guest today, made a compelling case in the Washington Post for why President Trump should be impeached. The article entitled, “We investigated the Watergate scandal. We believe Trump should be impeached,” doesn’t mince words. Based on their own accounts, Larry and his colleges make a compelling case for why Trump should be impeached, arguing that there is already enough evidence to support an impeachment. In the 1970s, they investigated serious abuses of presidential power by President Nixon and in the article they detail their beliefs that Trump should face the same charges, specifically citing: obstruction of justice, abuse of power, and contempt of Congress.

Currently the most senior member of Osborn Maledon’s investigations and criminal defense group, Larry details his time in Washington and his personal experience within the Watergate investigation. Larry and Aaron talk about his background and how he came to be on the prosecutorial team; they lay out the particular evidence Larry believes supports impeachment, including the ongoing conversation around Ukraine as well as Special Prosecutor Mueller’s investigation and findings. Aaron and Larry compare Trump and Nixon to the Clinton impeachment and debate the different dimensions present in each.

Larry’s practice focuses primarily on criminal defense – both white collar and general criminal representation, but he has also been extensively involved in complex civil litigation. After clerkships on the United States Court of Appeals for the District of Columbia, two Supreme Court Clerkships (for Justice Hugo L. Black and Lewis F. Powell, Jr.), and his time as Assistant Watergate Special Prosecutor, Larry served as the First Deputy Assistant Attorney General in the Office of Legal Counsel at the Department of Justice. A founder and former President of the Arizona Justice Project, Larry is often known best for his work in very high-profile criminal cases, including his work on behalf of the indigent defense community. He also helped found the Arizona Capital Representation Project to assist inmates charged or convicted of capital crimes, and served as the Chair of the State Bar’s Indigent Defense Task Force. In 2005-2007, Larry was the President of the American Judicature Society – an organization devoted to improving the administration of justice in America.

To find a copy of the Washington Post op-ed, “We investigated the Watergate scandal. We believe Trump should be impeached,” please visit the Post’s website here.

To check out United States v. Nixon, please click here. You can find Chief Justice Warren Burger’s opinion by following the link, as well as the facts of the case and more.

To learn more about Mr. Hammond, please visit his firm’s website, Osborn Maledon, here.

Host: Aaron Freiwald

Guest: Larry Hammond

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Good Law | Bad Law - Bourbon Law: A Conversation w/ Brian Haara Oct 11, 2019

Show notes

What is whiskey law? … And how has it impacted America’s history?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Brian Haara, author and an attorney at Tachau Meek, to discuss his recent book, Bourbon Justice: How Whiskey Law Shaped America.

Bourbon and the law might seem to be connected in only a few, and negative ways, but the real history of bourbon, hidden beneath the surface, “is the foundation of American commercial law and its relation to American history as a whole.” Relying on actual case reports and trial records, Brian recounts the history of Kentucky’s most famous spirit and the families who developed one of America’s first major industries to trace important developments in U.S. business law in areas including branding, trademarks, environmental law and other aspects of business dealings.

In today’s episode, Aaron and Brian analyze how historical laws about bourbon have impacted, and continue to impact, the law today. Drawing clear connections, Brian and Aaron talk about commercial law, trademark law, environmental law, competition law, and more. Brian shares the origins of “branding,” explaining that the history and roots of brand-name come from bourbon law. Aaron and Brian talk about our country’s earliest consumer protection legislation, including the crucial Bottled-in-Bond Act of 1897. Brian and Aaron discuss a wide-range of whiskey topics as well, such as the differences between whiskey and bourbon and the definitions and the criteria each spirit is held to, as well as the importance of whiskey tax to our nation and how Kentucky became the epicenter for bourbon production.

Brian is a public speaker, legal writer, and co-managing partner of Tachau Meek, PLC, a business litigation firm in Louisville. A University of Kentucky Law graduate, Brian primarily serves the trial and litigation needs of clients in the financial services, insurance, and bourbon industries. As part of his practice, Brian represents both individuals and businesses, handling commercial litigation matters such as contract claims, trademark disputes, retail banking and UCC claims. Brian regularly litigates non-compete, unfair competition, trade secret, and breach of fiduciary duty cases, including injunction hearings, in state and federal courts in both Kentucky and Indiana. Brian has also been consulted in restrictive covenant matters in numerous other states.

A self-described whiskey enthusiast, Brian found a way to combine his love of bourbon and history with his passion for the law. Bourbon Justice is a fascinating look at our country’s heritage through the lens of bourbon. “Tracking the history of bourbon and bourbon law illuminates the development of the United States as a nation, from conquering the wild frontier to rugged individualism to fostering the entrepreneurial spirit to solidifying itself as a nation of laws.” More than just a true bourbon history, this book analyzes key moment’s throughout America’s past, identifying important milestones that continue to influence our laws and society today.

To purchase a copy of Brian’s book, please follow the link here.

To learn more about Brian and his book, please visit his website here.

Brian’s blog, Sipp’n Corn, can also be found on his website, please click here.

To learn more about Brian’s law firm, Tachau Meek, please click here.

Host: Aaron Freiwald

Guest: Brian Haara

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Good Law | Bad Law - Is the NRA a terrorist organization? A Conversation w/ Erik Schechter Oct 04, 2019

Show notes

How do we draw the definitional lines on what is, and what is not, domestic terrorism?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Erik Schechter, founder of Red Phantom Public Relations and a defense and security affairs specialist, to discuss the notion of terrorism, as well as his recent NBC op-ed on the topic, “September 11 was terrorism. The NRA and Antifa are not.”

In today’s conversation, Aaron and Erik talk about terrorism, both domestic and international, focusing on the particular ways in which we (as people, as governments, as societies) talk, think, and classify terrorism and terroristic acts. Erik explains the dangers of loose definitions and the theoretical consequences that could result by expanding these thresholds. Erik and Aaron contemplate San Francisco’s recent decision to brand the NRA as a domestic terrorism organization and the potential issues that may arise because of it, such as constitutional conflicts, expanding the power of the state and demonizing political opponents.

A former military correspondent for The Jerusalem Post, Erik experienced terrorism first hand in 2004 when a suicide bomber exploded on a bus he was riding. Throughout the episode, as well as in his article, Erik talks about how this experience scarred him and how it continues to shape his views and definitions on what should, and should not, be considered terrorism. Aaron and Erik talk about gun control and recent mass shootings, the Patriot Act and subsequent legislation, the context and comparisons of warfare and more. How should we be thinking about domestic acts of violence? What should the distinctions be? Are these definitions warping the way we think about these ideas?

Erik has written for such publications as Aerospace America, C4ISR Journal, Monocle, Training & Simulation Journal and more. He previously worked as a PR professional for Spector & Associates, handling defense and hi-tech industry clients and covering security-related issues for the Carnegie Council for Ethics in International Affairs. In addition to covering advances in military technology and tactics, Erik has also written on issues involving international humanitarian law, such as the post-disengagement status of the Gaza Strip and controversial interrogation methods used on suspected terrorists.

To find a copy of Erik’s NBC op-ed, please click here.

Host: Aaron Freiwald

Guest: Erik Schechter

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Good Law | Bad Law - From Jailhouse Lawyer to the Supreme Court: A Conversation w/ Professor Shon Hopwood about His Remarkable Journey Sep 27, 2019

Show notes

From jailhouse lawyer to law professor and criminal justice reform advocate . . .

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Shon Hopwood, an attorney and law professor at Georgetown Law, to discuss his remarkable life story and how it brought him to understand the need for profound reform in our criminal justice system. After Shon’s story was featured on a recent episode of “60 Minutes,” he graciously agreed to come on Good Law Bad Law to share his story and the reforms he believes are so urgently needed.

Shon served 11 years in federal prison for a series of armed bank robberies he committed in his early 20s. After securing a job in the prison law library, Shon discovered that he had quite the knack for the law and legal thinking. After failing to get his own sentence reduced, he turned to helping other inmates with their cases. Against all the odds, Shon wrote a brief to the U.S. Supreme Court asking for review of a fellow inmate’s conviction and the appeal was accepted. This brought Shon into contact with former Solicitor General Seth Waxman, who agreed to argue the appeal. Then . . . well, you just have to listen to the episode to hear the rest of Shon’s incredible journey and his views on in-prison rehabilitation services, mandatory minimum sentences, and re-entry training and services.

A graduate of the University of Washington School of Law, and a Gates Public Law Scholar, Shon’s research and teaching interests include criminal law and procedure, civil rights, and the constitutional rights of prisoners. He has served as a law clerk for Judge Janice Rogers Brown of the U.S. Court of Appeals for the District of Columbia Circuit. And his legal scholarship has been published in the Harvard Civil Rights-Civil Liberties, Fordham, and Washington Law Reviews, as well as the American Criminal Law Review and Georgetown Law Journal’s Annual Review of Criminal Procedure.

To find more information on Shon, visit his Georgetown web page here.

Host: Aaron Freiwald

Guest: Shon Hopwood

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Good Law | Bad Law - Charlottesville, the KKK and the Law: A Conversation w/ Michael Bloch Sep 20, 2019

Show notes

Can a law that dates back to Reconstruction in the 19th Century be used to fight back against the perpetrators of racial violence that erupted in Charlottesville two years ago?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Michael Bloch, an attorney at Kaplan, Hecker & Fink LLP, to discuss his work on “the Charlottesville Case,” a lawsuit representing the victims of the Charlottesville riots when neo-Nazis and white supremacists plotted to commit acts of horrific racial violence in August 2017.

Eight victims of that violence filed suit, in conjunction with the nonprofit Integrity First for America (IFA), to send a clear message to every hate group in the country: “Americans will not give in to violence and hate.” The lawsuit seeks to ensure that the tragic events of Charlottesville never happen again, “… not on the streets of Charlottesville, Virginia, and not anywhere else in the United States of America.” Michael’s firm is representing the Plaintiffs in this new litigation.

Aaron and Michael discuss this case and what it may mean for the future. Michael talks about the legal strategies of the case, the decision to use an 1871 law, the relevance of this case and more. Is there a new boldness today for hatred? Can Charlottesville be seen as a catalyst for such emboldened bigotry? Michael explains that this case is about accountability, emphasizing the importance of understanding what happened and how the law can be a tool to fight back.

A graduate of Harvard Law, Michael is an experienced trial attorney. Having spent over seven years as a public defender at the Bronx Defenders, Michael represented hundreds of clients charged with criminal matters at all stages of litigation. Prior to working as a public defender, Michael worked at Williams & Connolly LLP in Washington, D.C., concentrating in the areas of commercial litigation and legal malpractice defense. At Harvard, Michael represented clients charged with crimes in Roxbury District Court as part of the Criminal Justice Institute. He also worked with the NAACP representing a client in post-conviction proceedings as part of the Death Penalty Clinic.

To learn more about Michael, please visit his bio on Kaplan Hecker’s website here. Or check out his twitter, @MichaelBloch15. To learn more about Kaplan, Hecker & Fink you can follow them on twitter, @kaplanhecker.

To learn more about Integrity First For America, you can visit their website here. You can also follow them on Twitter, @IntegrityforUSA.

*IFA is a nonpartisan nonprofit organization dedicated to holding those accountable who threaten longstanding principles of our democracy – including our country’s commitment to civil rights and equal justice.

Host: Aaron Freiwald

Guest: Michael Bloch

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Good Law | Bad Law - The Pregnancy Penalty: A Conversation w/ Jennifer Shinall Sep 13, 2019

Show notes

How does pregnancy impact careers… for both parents? Is there such a thing as a “pregnancy penalty”?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Jennifer Shinall, a Professor of Law at Vanderbilt, to discuss inequity in family leave policies, the gender pay gap, pregnancy discrimination and gender stereotypes that remain in the workplace.

A graduate of Vanderbilt Law and Harvard University, Jennifer has a J.D. and a Ph.D. in Law and Economics. Jennifer focuses on employment law, employment discrimination, health economics, labor economics and more. Her research examines discrimination, particularly in the areas of gender and disability. Exploring how health status (such as obesity and pregnancy) affects labor market outcomes, Jennifer considers how these effects may differ by gender and how these disparities may be addressed by the legal system. Today Aaron and Jennifer address these topics, specifically through the lens of parental leave policies.

How are men and women treated differently after they have a child? Is there really a “mommy track” and a “daddy track?” Jennifer explains that gender stereotypes do persist, and not just in the legal field. She explains that despite federal protections, like the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA,) pregnancy discrimination still happens. Aaron and Jennifer talk about the different expectations there seems to be around parental leave, discussing two recent lawsuits filed against the giant law firm, Jones Day. Both lawsuits revolve around the notion of family leave and the firm’s alleged inequity in applying its policies.

To learn more about Jennifer, please visit her bio page here. You can also find her on Twitter, @ShinallJennifer.

You can find a full copy of Jennifer’s article, “The Pregnancy Penalty,” here. Published in the Minnesota Law Review.

To find an abbreviated version of the article on Jennifer’s blog, click here.

Host: Aaron Freiwald

Guest: Jennifer Shinall

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Good Law | Bad Law - “I Can’t Breathe”: Truth and Accountability in the Eric Garner Case Sep 06, 2019

Show notes

Seeking justice, transparency and accountability in the tragic case of Eric Garner:

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Alvin Bragg, Gideon Oliver, and Monifa Bandele for a special conversation on police brutality, community safety, and the tragedy of Eric Garner’s death five years ago.

Alvin and Gideon are both attorneys for the Garner family and Monifa is a community activist heavily involved in the case, as well as one of the petitioners in the recent judicial inquiry brought by Alvin and Gideon, on behalf of the family. Although the NYPD has fired Daniel Pantaleo, the police offer who placed a fatal chokehold on Eric Garner on July 17, 2014, so many questions, disturbing questions remain. The judicial inquiry request, recently filed, seeks answers to those questions.

In today’s episode, Aaron, Alvin, Monifa and Gideon discuss the history of Eric Garner’s terrible and unnecessary death, what has happened since, and the broader implications this case and others like it have had and continue to have on our society. The conversation centers on the systemic issues that persist in our legal system and the flawed structure of our law enforcement institutions. What should be the model for community safety? Where should communities focus their resources?

Alvin Bragg is a visiting professor of law at New York Law School, Co-Director for the Racial Justice Project, and Co-Counsel for the Garner Family. Previously serving as Chief Deputy Attorney General in the New York State Office of the Attorney General and an federal prosecutor in New York as well, Alvin’s research focuses on the intersection of criminal law and civil rights, prosecutorial discretion and accountability, and the functions of state Attorneys General.

Gideon Oliver manages his own firm, Gideon Law, and is Co-Counsel with Alvin for the Garner family. After receiving his B.A. in philosophy with a correlate in Women’s Studies from Vassar, Gideon graduated from Brooklyn Law School and began working as an associate in his father’s New York-based firm. Gideon has been a solo practitioner since 2009 and serves Of Counsel for several other firms.

Monifa is Vice President and Chief Partnership and Equity Officer for MomsRising, an organization whose members aim to tackle the most critical issues facing women, mothers, and families by educating the public and mobilizing massive grassroots action. Monifa has more than a decade of experience in policy analysis, communications, civic engagement organizing, and project management. In addition to MomsRising, Monifa sits on the steering committee for Communities United for Police Reform and is an activist with the Black Lives Matter Movement.

Listen in to learn more about our guests and their involvements in the Eric Garner case, and the legal actions they are taking in pursuit of the real truth about what happened to Eric Garner, justice, and accountability. This is a riveting conversation about an incredibly important topic.

For more information on Alvin Bragg, visit his bio page here.

For more information on Gideon Oliver, visit his firm website here.

For more information on Monifa Bandele and MomsRising, please visit the organization’s website here.

Host: Aaron Freiwald

Guests: Monifa Bandele, Alvin Bragg, and Gideon Oliver

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Good Law | Bad Law - From Lies to Truth: A Conversation about Redemption w/ Dr. Adam Litwin Aug 30, 2019

Show notes

Have you ever wanted something so badly in your life that you would do anything to get it?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Dr. Adam Litwin to delve deep into this question, and more. A little different than our normal episode, today our guest shares his own, very personal story – one of tenacity, depression, passion, and redemption. Dr. Litwin shares his own journey of impersonating a doctor at UCLA Medical center in the late 1990s to realizing his life-long dream of becoming a physician decades later.

With an early introduction to medicine, Adam became infatuated with being a doctor. As a young kid, Adam found his love of medicine while watching his grandfather work as a podiatrist. In high school, Adam spent his time reading massive medical textbooks and doing anything he could to further his chances of medical school. After graduating, he started college as a pre-med student. Adam seemed to have planned out his life according to his dreams, but after one incredible experience of interning at a hospital, Adam’s life changed.

Listen in to hear Adam tell his own story. Find out how a bright young man with a promising future found himself serving jail time after impersonating a doctor at a top-tier med school, and ultimately how he found his way to fulfilling his dreams. A fascinating and encouraging episode, stay tuned!

You can find the LA Times article, mentioned throughout here.

Host: Aaron Freiwald

Guest: Dr. Adam Litwin

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Good Law | Bad Law - Fighting Back Against Hate Crimes . . . in Court. A Conversation w/ Kristen Clarke Aug 23, 2019

Show notes

How can the law be used to hold perpetrators of racial violence and hate crimes accountable?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Kristen Clarke, President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law, to address the recent rise in hate crimes, discrimination and the intensifying activities of white-supremacist and other hate groups responsible. In today’s episode, Aaron and Kristen also talk about the ground-breaking case Kristen won recently in which she took on a neo-Nazi group for violently targeting a college student in Washington, D.C.

After being elected American University’s first African American female student body president, Taylor Dumpson was met with extreme racism, specifically from a neo-Nazi group and its website, the Daily Stormer. Students were encouraged and incited to target and harass Taylor. She was sent threatening and racist messages online and she was harassed on campus. For example, led on by the neo-Nazi group, students hung bananas with racist messages from nooses around the campus.

Taylor suffered PTSD (post-traumatic stress disorder) but persevered, graduated and now attends law school. She also fought back, bringing in Kristen and the Lawyers’ Committee to file suit in D.C. against the neo-Nazi group and two students who were found to have committed hate crimes. The Lawyers’ Committee and Kristen recently won a precedent-setting victory in court, along with an award of $725,000. Kristen explains the novel way in which she used the law to argue on Taylor’s behalf and the impact that Taylor’s win has had and likely will continue to have as other, similar cases are brought in other jurisdictions.

A nonpartisan, nonprofit national civil rights organization, the Lawyers’ Committee for Civil Rights Under Law pursues equal justice for all through the rule of law, targeting in particular the inequities confronting African Americans and other racial and ethnic minorities. Formed at the request of President John F. Kennedy in 1963, the Committee seeks to promote fair housing and community development, economic justice, voting rights, equal educational opportunity, criminal justice, judicial diversity and more. Formerly serving as the head of the Civil Rights Bureau for the New York State Attorney General’s Office, as well as a leader at the NAACP Legal Defense and Educational Fund Inc., Ms. Clarke’s career has focused on work that seeks to strengthen democracy by combating discrimination faced by African Americans and others.

Kristen Clarke, President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law

Check out this incredibly important and interesting conversation, as Aaron and Kristen talk about racism, inequality, white-supremacy and the role of law, as well as an empowering story of triumph over hate. Be sure to listen to the entire episode as this week we have a fascinating P.S. from Aaron and Kristen.

To learn more about Kristen, please visit the Lawyers’ Committee for Civil Rights Under Law website here.

Mentioned throughout the episode are other campaigns sponsored by the Lawyers’ Committee, including the No Hate Project. You can find more information on that here. You can also find a full list of other issues and campaigns on the Committee’s homepage by clicking here.

Host: Aaron Freiwald

Guest: Kristen Clarke

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Good Law | Bad Law - Decriminalize the Border? A Conversation w/ Bill Hing Aug 16, 2019

Show notes

Should we decriminalize illegal crossings over our southern border?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Bill Hing, a professor of law and migration studies at the University of San Francisco and the founder of the Immigrant Legal Resource Center (ILRC), to discuss immigration and decriminalization of the border.

In today’s episode, Aaron and Bill attempt to make sense of what is happening at our border, discuss the responses of past administrations to deportation and pressures at the southern border, and try to get to the true statistics surrounding immigration and what those numbers might really mean. Having recently visited and inspected migrant detention centers where children have been separated from their families, Bill relives his own heart-wrenching account of the conditions there. Bill and Aaron discuss DACA (Deferred Action for Childhood Arrivals), Trump’s “zero tolerance policy” and rhetoric, the Flores decision, and more. How accurate are the numbers we’re hearing?

What are the federal criminal laws currently on the books? How have these laws led to the Trump Administration’s policy of separating children from their families? What would be the impact of Texas Rep. Julian Castro’s proposal to decriminalize “improper entry” across the border?

The Director of the Immigration and Deportation Defense Clinic and the Dean’s Circle Scholar at USF, Bill continues to pursue social justice through community work, litigation, and scholarship. Bill is the founder of the ILRC, a group that works with and helps educate immigrants, community organizations and the legal sector to continue to build a democratic society that values diversity and the rights of all people.

An interesting and critical conversation, Aaron and Bill address the human rights concerns as well as the constitutional concerns regarding the border, detainment and family separations. This is an episode you won’t want to miss. Listen now and let us know what you think!

To learn more about Professor Hing, please visit the USF website here.

To learn more about the Immigrant Legal Resource Center please visit their website here.

To read the Flores settlement agreement, please click here.

Host: Aaron Freiwald

Guest: Bill Hing

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