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Michael Popak
What a Trump attorneys Ken Chesbrough and Alina Haba have in common. No, not that, something else. Ken Chesbrough just lost his bar license in New York. It's his third bar license that he's lost already and I'll tell you why that happened. But at the same moment, another group filed a bar grievance against Alina Haba, the acting interim U.S. attorney for New Jersey who wants to turn New Jersey red. And all she's busy doing is not fighting crime, is not properly exercising her prosecutorial powers, not following the DOJ manual. All she's doing is prosecuting Democrats from the governor to the state's attorney general to a member of Congress to a mayor of Newark. And some people out there might be thinking, doesn't that violate her rules of professional responsibility as an officer of the court? Doesn't that violate the Department of Justice? Manuel. And you'd be right. Michael Popak, you're right already. You're on the Midas Dutch network and on Legal af. Let's break it down. Let's start with Ken Chesbrough and I'll save the best for last. Ken Chesbrough, remember him? One of the architects, along with Peter Navarro and Sidney Powell and Jenna Ellis and others of the attempt to steal the election in 2020 and overturn the free will of the, of the American voter. He came up with the fake elector scheme, he likes to call it the alternate elector scheme where he devised a plan that in the seven battleground states there would be other people who are not the electors who would get together in secret, sign on the dotted line that they were electors. Then those fake certificates would be delivered through Mike Roman, who was the election day coordinator for Donald Trump, would be delivered to Mike Pence, presiding over the Senate and the electoral certification. Have him recognize the phony certificates, have him reject the real certificates and, or say he can't figure it out, turn it over to the House. The House picks the president and the President would be Donald Trump, See, and Ken Chesbrough, who holds a bar license, who was running around on John 6 with a, with a MAGA hat. He came up with this half baked idea. I mean, others did too. The difference is he got indicted in Wisconsin, he got indicted in Georgia, he got in Georgia, he pled guilty to crimes related to attempts to steal the election that led him to have an obligation to inform the places where he is admitted to the bar because you have to be admitted state by state if you want to practice in that state. So, so you have to take the bar exam, you take a what's called the multi state, then you have to take a test specific to that state. Then you're admitted and you are regulated by the regulators of that state. In some states there is a thing called the bar. In Florida, there is the Florida bar and they regulate. In other states, the court system regulates. In New York it's the court system. So I as a member of, I'm a member of a department of the New York Appellate Division court system. So is Ken Chesbrough, so is Rudy Giuliani. And when you have a bar grievance against you, then they process it and decide whether you should be suspended or disbarred. In New York they found that Ken Chesbrough did not properly report to the the authorities in New York as he's obligated to do, that he has a conviction in another state that was first strike against him. Then they look carefully at what he did and what his testimony was related to his role in trying to overthrow the will of the people. And they found that he violated a number of rules that govern your conduct in the New York bar, which matches the rules that govern your conduct regardless really everywhere else, every state has almost an identical set of code of professional responsibility or code of professional conduct. So they looked at it and they finally decided to disbar him. He's been disbarred other places. The only place he hasn't been disbarred is he holds a Texas bar license. And they don't disbar anybody. They don't throw anybody out of the bar. Sidney Powell is still a member of the bar. He's still a member of the bar. Everybody's still a member of the bar. But now based on this decision by a three judge appellate panel of the third department in New York, he cannot practice law in New York. That's Ken Chesbrough. He has another step. He can go to the Court of Appeals and he can appeal. But he's done. He's done and cooked and I think he knows it. On the Alina Haba side, Alina Haba, since she's been appointed The Acting Interim U.S. attorney for the entire state of New Jersey, a federal top prosecutor position that ultimately reports to main justice in Washington. And Pam Bonden, we've watched her do a number of things that are violative of the Department of Justice manual about proper prosecutorial conduct, including not using the press and the media and making what's called extrajudicial statements to try to bias a judge or a jury or the public against somebody who is once again innocent until proven guilty. But she's taking the lead from Donald Trump. She's taking the lead from Pam Bondi, her boss. And she is a political hack. She had no federal court experience, none to speak of. She never was a federal prosecutor, she never was a federal clerk. She doesn't know what she's doing. But that's okay, cuz Donald Trump doesn't want her to know what she's doing. All he wants her to do is to be a political hack and go after his enemies. And that's all she's done. So under her watch, they arrested and indicted the mayor of Newark and then had the embarrassment of having to dismiss the indictment for trespassing. And then she got lambasted and chastised personally in court by a federal magistrate judge who told her, your office must, must do better, must be held to a higher standard. That's not enough. She indicted Lamonica McIver, who is our in New Jersey, a congresswoman from New Jersey, and she's currently, she just pled not guilty, I think a day or so ago because she went down along with others, including the mayor of Newark to observe the federal immigration detention center operated by a big donor of Donald Trump and got arrested because she was just standing there, effectively. So that indictment is still going on with a plea of not guilty. Then she announces that she's going after the Governor of the state, two time Governor of the state, Phil Murphy, Democrat, and the Attorney General, Matt Plotkin, Democrat, because they're not enforcing immigration laws and they're making the state a sanctuary state. 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Now you look at all you got to do is take her conduct and map it onto the rules of professional Conduct in New Jersey and you'll find very easily that she has violated at least six, six or seven of those rules. Threatening criminal prosecution to gain leverage in a civil matter. You know, making extrajudicial statements outside the courtroom in order to bias the person who is presumed innocent. Yeah, misrepresentations and fraud, you know, a lack of candor to the tribunal and the rest. So court the Campaign for Accountability has filed a multi page. Here it is a multi page complaint. Let me just read to you from it with the Office of Attorney Ethics in Trenton, New Jersey which regulate the New Jersey Bar members. It says that they want her them to investigate Elena Haba related to her ordering the arrest of Newark, New Jersey Mayor Ross Baraka, the prosecution of New Jersey Congresswoman LaMonica McIver and announcing criminal investigations into New Jersey Governor Phil Murphy and Attorney General Matt Plotkin. Through these actions and as set forth in further detail below, Ms. Haba may have violated the Rules of Professional Conduct. 8.4 c. Prohibiting conduct involving dishonesty, fraud or misrepresentation. 8.4 d Prohibiting conduct prejudicial to the administration of justice. 3.4 g. Prohibiting threats of criminal prosecution to gain advantage in a civil matter. 3.6 E. Prohibiting extrajudicial statements with a likelihood of prejudicing adjudicated proceedings. 3.8 3.8 A Prohibiting prosecutors from knowingly prosecuting a charge not supported by probable cause. 3.8 F Prohibiting extrajudicial comments intended to heighten public condemnation of the accused. And then they go on and they mention that she has said things out loud like she's going to turn New Jersey red. On page two, she said, following up on her pledge to help the cause of turning New Jersey red, meaning Republican. And by the way, for those that don't follow closely, New Jersey is blue, blue, blue. There are pockets of red. I used to live in one in Monmouth County, New Jersey. But the entire state is blue. It votes blue for governor. Its congresspeople are blue. Our Democrats, sure, they've had a couple of moderate Republican governors in the past, but it is a blue state overall. But she wants to turn it red. And then talks about all the comments like her going on Hannity on Fox News and stating, I want it to be a warning why she's opening an investigation against the governor and the attorney general. A warning for everybody. I've instructed my office to open an investigation into Governor Murphy and open an investigation into Attorney General Plotkin and later posted that segment on her ex formerly Twitter account. Then they go through all of the things that she did wrong. At the end, what they're really asking for is for that investigation to be opened. Here's what they request at the end of their 11 page single spaced campaign for accountability, respectfully request the committee conduct a thorough investigation into these allegations for appropriate disciplinary measures. Now, you'd think that this is going to be an easy call, right? You have to open the file. I've always been taught that if there is a bar complaint, meritless or not, there's going to be a file that's going to be opened. Except we just saw the Florida bar and I'm a member. The Florida Bar refused to open an investigation on a similar complaint against Pam Bondi, the attorney general, arguing that while she's in the federal government, they have no jurisdiction over her. I don't understand that. Now I agree. You don't have to be a lawyer to be a judge. I know this is shocking to some people. You don't have to be a lawyer to be a judge. You don't have to be a lawyer to be a prosecutor. You don't have to be a lawyer to be the U.S. attorney or the attorney general. If, I mean, I don't think it's wise. But if that's who Donald Trump wanted to put into these positions, he could. However, they are lawyers and being lawyers, they trade on their law license. If they don't want to have the bar regulating their conduct, it's very simple. Give up your bar license or lose your bar license and they have no jurisdiction over you. You can commit fraud without a bar license. Sure, you might be prosecuted for fraud or sued for fraud, but you won't lose your bar license because there's no jurisdiction over you if you're not a lawyer or you're not holding a current bar license. But if you're holding a current bar license, even if you're not conducting yourself, you know, you don't need a license, so to speak, to be the U.S. attorney in New Jersey. But you are going into the courts. You have to be a member of the bar in order to argue in court. When Alina Haba is standing there addressing the judge on the other side of the bar. That's why it's called the bar. It's that wooden, usually wooden divider. She gets to stand in the well of the courtroom because she's a member of the bar and an officer of the court. And if she's not going to be, then, then, then she shouldn't be allowed to address courts. But if she is, she holds a bar license and therefore her conduct is regulated as a profession, self policing by the bar. So Jersey, do the right thing. Follow the lead of New York in the disbarment of Ken Jesper. Don't follow the lead of Florida, the land of Desantis, and decide I don't have jurisdiction because she's a federal officer. I don't really get that at all. I'll continue to follow it here on the Midas Dutch network. Come on over to Legal AF, the YouTube channel. Take a minute, hit the Free subscribe button there as well and follow us on Legal af the podcast. So until my next report, I'm Michael Popak. Can't get your fill of Legal af. Me neither. That's why we formed the Legal AF substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the substack. You'll find the court filing and the oral argument there, including a daily roundup that I do called Wait for it Morning af. What else? All the other contributors from Legal AO are there as well. 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