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Wed Nov 6, 2019, 01:49 PM

Has anyone filed a bar complaint against John Eisenberg for ignoring a congressional subpoena?

As an officer of the court, he is required to comply with the law.

10 replies, 711 views

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Reply Has anyone filed a bar complaint against John Eisenberg for ignoring a congressional subpoena? (Original post)
dlk Nov 2019 OP
vsrazdem Nov 2019 #1
jberryhill Nov 2019 #2
dlk Nov 2019 #3
jberryhill Nov 2019 #4
dlk Nov 2019 #5
jberryhill Nov 2019 #6
dlk Nov 2019 #7
jberryhill Nov 2019 #8
dlk Nov 2019 #9
onenote Nov 2019 #10

Response to dlk (Original post)

Wed Nov 6, 2019, 01:51 PM

1. They should.

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Response to dlk (Original post)

Wed Nov 6, 2019, 02:50 PM

2. Have you?

 

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Response to jberryhill (Reply #2)

Wed Nov 6, 2019, 02:59 PM

3. A complaint from a member/members of the California bar would carry more weight

Otherwise, I would. By the way, have you filed a complaint?

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Response to dlk (Reply #3)

Wed Nov 6, 2019, 03:16 PM

4. I'm not a member of the California bar either

 


However, "refusing to comply with a subpoena" is not something the bar is going to give a shit about in any event. The authority which issued the subpoena is the one with jurisdiction to enforce it.

There is a belief on DU that subpoenas are magic documents which require automatic obedience. They do not. One can refuse to comply with a subpoena and instead opt to challenge it if enforcement is initiated.

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Response to jberryhill (Reply #4)

Wed Nov 6, 2019, 03:22 PM

5. It's a direct assault on the rule of law & sets a dangerous precedent

If powerful and connected people can thumb their nose at subpoenas, what’s next? Attorneys are a close knit profession and if enough, well-connected members of the California bar filed complaints there would very likely be a negative consequence for Eisenberg, who is behaving like a fascist.

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Response to dlk (Reply #5)

Wed Nov 6, 2019, 03:28 PM

6. All kinds of people "thumb their nose at subpoenas"

 

In fact, I advised a client not to respond to one last month. It happens every day. Merely because someone issues a subpoena does not mean one has to automatically reply. One is entitled to object to the subpoena and to litigate those objections with the relevant authority.

So, even if you believe someone's reasons for non-compliance are really, really stupid, they still get their day in court to argue them just like anyone else.

Can you provide a link to your previous post asking for Eric Holder to be disbarred?

https://www.politico.com/blogs/under-the-radar/2014/10/judge-declines-to-hold-holder-in-contempt-196650

Judge declines to hold Holder in contempt

A federal judge has declined a House committee's bid to have Attorney General Eric Holder held in contempt of court — and perhaps even jailed — for failing to turn over documents related to the Justice Department' s response to Operation Fast and Furious.

So, wait, you are saying that Attorney General Holder was also "behaving like a fascist" or do you believe that the law concerning failing to comply with subpoenas depends on who is making the claim?

If you are, then I'll be fascinated by your reasons.

Can you explain why it was okay for Eric Holder not to comply with a Congressional subpoena, and instead to fight it in court, but it is not okay for anyone else?

I can guarantee you that the California bar would reach the result that whether compliance with the subpoena is required, is NOT a matter for the California bar disciplinary committee to decide. And they would be correct.

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Response to jberryhill (Reply #6)

Wed Nov 6, 2019, 04:29 PM

7. Eric Holder was not part of an impeachment inquiry

There is sufficient malfeasance on John Eisenberg’s part to warrant a bar complaint, above and beyond ignoring a subpoena. Apparently, we disagree on accountability. Have a nice day.

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Response to dlk (Reply #7)

Wed Nov 6, 2019, 05:04 PM

8. A subpoena is a subpoena is a subpoena

 

It doesn't matter if it is an impeachment inquiry or not.

Are you saying that, for some unarticulated reason, it is being a "fascist" not to comply with an impeachment committee subpoena, but any other Congressional committee subpoena is okay to ignore? I'd love to know where that comes from.

If a court has found a lawyer in contempt, then that's something to go to a bar disciplinary committee about. But no bar disciplinary committee is going to get into the business of deciding whether someone's objections to a subpoena in an ongoing proceeding are, or are not, valid.

They will act on a ruling of contempt from elsewhere, but they are not going to adjudicate subpoena compliance when there are perfectly fine mechanisms for pursuing that in the appropriate jurisdiction.

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Response to jberryhill (Reply #8)

Wed Nov 6, 2019, 11:04 PM

9. You have put words in my mouth to support your position

Have a nice night.

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Response to jberryhill (Reply #8)

Wed Nov 6, 2019, 11:32 PM

10. I think you're preaching to folks who want to believe what they want to believe

Regardless of their complete lack of knowledge or experience with the subject matter.

Thanks for attempting to make clear how subpoenas and bar discipline work.

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