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- [00:04]
A
Welcome to this episode of Sisters sidebar with Joyce Vance and me, Barb McQuaid. If you have a question for us, please email us@sistersinlawolitikon.com or tag us on social media using Sisters in Law. But don't just type them. Your voices are so important, which is why we want to hear them too. So you can email us a voice memo using one of your notes apps and we might play it on the show. Let's get started. Joyce, here's a question for you from Harry.
- [00:35]
B
This is Harry from Northern Virginia. As a physician, there are consequences for me if I make a medical mistake, a malpractice suit, or if I do something unethical or knowingly do something wrong, the state board can investigate me. For federal prosecutors, what are the consequences if they make a mistake, or more importantly, if they do something unethical or knowingly wrong? Thanks, Sisters.
- [00:58]
C
Well, Harry, this is a really great question because like, doctors, lawyers are subject to certain standards, professional standards. And for federal prosecutors, there are more standards than there are for most lawyers because we're subject to internal discipline at the Justice Department, of course, that's not functioning too well under this Justice Department. You know, I'm sure it functions just fine for run of the mill prosecutors, but for the people that we're most concerned about, these high ranking officials that are following Donald Trump instead of the rule of law, really, internal discipline has become non existent. And that means it's all up to state bars. And state bars do have the ability to discipline prosecutors. We're all licensed by one or more states, and so we are accountable to each of those states for their rules of professional ethics. Typically, state bars have been slow to act, but they have done it. You'll remember the disbarment of Rudy Giuliani. And that's a cautionary tale for every federal prosecutor who is willing to do Donald Trump's bidding instead of to uphold their professional oaths. Barb, next question is for you from Brian and he asks, this is a great question. Does Patagonia have a trademark infringement case against drag performer Patty Gonia? Brian says, I don't see how people could get them confused. I mean, how do people get Barb McQuaid and Joyce Vance confused?
- [02:26]
A
Yeah, I'm going to sue you for trademark infringement paper. This is a very good question. And in fact, Brian, I think that Patagonia has a very uphill battle here. Many corporate entities are very protective of their logos and of their brands because they don't want them to be used in a way that could tarnish their brand. But to make out a trademark infringement claim, you must establish that you own a valid and protectable trademark. And sometimes when you use something generic like Patagonia is the name of a region in Argentina or Chile, it is, you know, maybe, maybe not something that they have unique dibs on. But so first you have to establish that you own a valid, protectable mark. But here's the other part which you suggest that the defendant's unauthorized use of a similar mark is likely to cause consumer confusion regarding the source or sponsorship of the goods. And, and I think Patagonia here has a very good argument that no consumer is going to think I'm, you know, you're going to confuse me with the outdoors clothing brand. So I think it's a pretty uphill battle. It's a great question. Very insightful. This episode of Sisters in Law is brought to you by Wild Grain. If you haven't heard, Wild Grain is the first bake from frozen subscription box for sourdough breads, artisanal pastries and fresh pastas. Plus, all items conveniently bake in 25 minutes or less with no thawing required. I really like that. Unlike many store bought options, Wild Grain uses simple ingredients you can pronounce and a slow fermentation process that can be easier on your belly and and richer in nutrients and antioxidants.
- [04:20]
C
Well, thanks Barb. Now I am hungry as we're sitting here getting ready to tape the show. Look y', all, we love that wild grains boxes are fully customizable and in addition to their variety box, they have a gluten free box, a vegan box, and even a new protein box. So no matter what you choose, it's amazing how fast Wild Grain goes from the box to our table. Like Barb says, you don't have to worry about defrosting. It's quick, it smells great, it's always a treat. My family and I enjoy the breads. We love the pastas. The pastries are great and so do our guests and they're always surprised and impressed when I tell them it's baked from frozen. It's not homemade. I have so many friends and neighbors. Mary, I'm thinking about you who end up subscribing because it's perfect for delicious meals, snacks or quick food prep.
- [05:13]
A
Having wild grain delivered is so convenient when life gets busy and I love watching the color and flavor come alive when the blueberry biscuits are heating up. They go so well with the slow churn. French truffle butter. Have you had that Joyce, I could just like.
- [05:28]
C
It's so good. I'm like such. I love that so much. We keep it always in the fridge now.
- [05:34]
A
Yeah, I know. We do too. It's really good. But after a long day, the chocolate lava cakes are the perfect treat. The aroma coming from the oven is incredible and the whole house has a warmer vibe. Just make sure you get enough to share because when you want to treat your loved ones, Wild Grain is the perfect go to.
- [05:51]
C
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- [06:58]
A
All right, Joyce, here's one for you from Jackie. After Todd Blanche leaves the Trump administration, can he be disbarred for unethical conduct?
- [07:08]
C
Well, Jackie, this is a great question. Blanche is from New York, so I'm going to assume for purposes of answering your question that that's where he's barred and that's where a complaint might be lodged against him. But other states have very similar rules. Misconduct is governed by the New York Rules of Professional Conduct and Unethical Conduct, which can result in penalties that range up to and including permanent disbarment. It's officially classified under Rule 8.4, which covers misconduct. There are a couple of species of that that really pop out. One is deceit, fraud and dishonesty. And lawyers are explicitly prohibited from engaging in illegal conduct, dishonesty, fraud, misrepresentation. That extends to both legal practice and personal dealing. So I'm not going to make a judgment about Todd Blanche's conduct, but that might be one avenue. People who object to the way he's conducted the Justice Department's business might raise a bar complaint and ask the State Bar to investigate. You know, there's also the conflicts of interest rule, which says that a lawyer cannot represent a client if the representation involves differing interests without obtaining informed written consent from all affected parties. And, of course, the Attorney General of the United States represents the people, represents all of us. So there are some very interesting, I think, issues here. And Blanche could certainly see state bar charges brought against him.
- [08:43]
A
Really?
- [08:44]
C
Not just after he leaves. Even now, those could be brought. Barb, there's a question for you from dj.
- [08:51]
D
Hello, sisters. This is DJ from San Diego, California. I just watched Keyshawn Pearson get arrested for the peaceful protest of refusing to leave his seat at the racial gerrymandering session of the Tennessee state Legislature. What happens to people arrested for peaceful protest? Are their lives ruined with going to jail, big legal fees, losing their jobs, having records that follow them in malicious ways? I want to stand up for democracy in that way, but what am I actually risking? What is the legal scenario after those police van doors close?
- [09:20]
A
Dj, that's such a great question. And, you know, the answer is yes. Oftentimes there are criminal consequences when people protest. No, peaceful protest, that is, you're in a public place, a place you're allowed to be at a time you're allowed to be there, right? Time, place, and manner. And you're protesting is lawful. And you can't be arrested just for standing in a public area and protesting, you know, holding a sign, chanting, or what have you. I think sometimes people don't understand, however, that if they are in a place they're not allowed to be, if they are trespassing, you know, sometimes on university campuses and they'll take over the administration's offices or engage in property damage and other kinds of things. There are consequences for that. You know, even Martin Luther King was arrested many times. Rosa Parks was arrested. Sometimes that's the consequence. And the outrage that comes from that consequence, that actually is the change agent. I mean, after all, it's called Letter from a Birmingham Jail, not Letter from a Birmingham Beach. There were consequences.
- [10:22]
C
Honey, we don't have beaches in Birmingham,
- [10:27]
A
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- [11:28]
C
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- [12:41]
A
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- [13:34]
C
Barb There's a question for you from jt. JT says is it required for the Attorney General to be a lawyer? What happens if people get appointed or elected to a legal position without relevant experience? So two different but related Questions for you?
- [13:52]
A
Yeah. So first, with respect to the qualifications required for the Attorney General, by statute, the Attorney General is required to be, quote, learned in the law. So they don't necessarily have to be a lawyer. But I suppose to be learned in the law these days, I think most would interpret to mean being a lawyer. But I suppose you could be someone who has studied law and has not passed the bar or something and still be considered learned in the law. And the broader question is what happens if people get appointed or elected to a legal position without relevant experience? Other positions at the Department of Justice don't necessarily have these kinds of requirements. People could get appointed without them. I think one of the things Congress really can and should do is look again at all of the positions that require congressional approval, Senate confirmation, and include some more rigor. So we know, for example, that the Director of National Intelligence, for example, is supposed to have extensive expertise in intelligence. And you know, yet we're seeing Bill Pulte appointed to be the, the Acting Director of National Intelligence. But I think we could do similar things like the Director of Health and Human Services. Why not make that person a doctor or at least somebody with a public health degree instead of an RFK Jr. Someone who is a self proclaimed victim of a brain worm. I think this would be a great reform. There's something like 4400 appointed positions that require Senate confirmation. And I think that rather than let the President just decide who this person is, they still get their choice. But you could put some qualifications in to make sure that these aren't just political hacks. These are people who actually have some expertise in their field. All right, Joyce, here's one for you. This is from Kyle, who asks, what is your favorite legal fiction book?
- [15:44]
C
You know, this is such a great question. If the question was what's your favorite movie? I would be, hands down, Legally Blonde. Charming, kitschy, lots of. With books, it's more difficult for me because there's so many good choices. But since I'm an Alabama girl, I have to go with To Kill a Mockingbird. It's a beautifully written story. It's not necessarily a fun book, but it's an important book and it has a lot of resonance today when race is rearing its ugly head again in our politics. So if you haven't read it or if you haven't read it recently, that's a great one to check out. Thank you for listening to Sisters sidebar with Barb McQuaid and me, Joyce Vance. We love it when you send in your questions when you record them for us in a voice memo form so we can actually hear your voice and answer your questions. Keep sending them in. They've been great so far. We'll try to play as many of your questions as we can in next week's episode. Follow Sister Sidebar and also follow Sisters in Law wherever you listen. And please give us a five star review. It really helps others find the show. And please show some love to this week's sponsors, Wild Grain and Honey Love. Their links are in the show notes. Please support them because they're the ones who make this podcast possible and allow us to offer it at no cost to you. Don't forget to pick up your Sisters in Law merch and other goodies@politicon.com merch. We'll see you every week on Wednesdays and Saturdays for new episodes of Sisters in Law and Sisters. Sidebar.