Adalberto Jordan 15. Prior to that, Judge Luck served as an assistant U.S. attorney in the Southern District of Florida. Q)J`H@,q=1/3(&z> lmH 53E:Yn`%o{5{lvj+-U+j?H/5$ F WASHINGTON (Reuters) - Aided by fellow Republicans in the Senate, President Donald Trump is rapidly filling vacancies on U.S. appeals courts, moving some that had liberal majorities closer to conservative control in an ideological shift that could benefit his administration. (He) is nominating individuals who have troubling records on issues ranging from workers rights, to womens rights, to being on the side of big corporations rather than consumers and everyday people, she said. x50y=(g0RQmC/lKK22I4Vi!Oig.D~0xlPQwOWAq:5 These 13 courts wield considerable power, usually providing the last word on rulings appealed from lower courts on disputes involving federal law. The Second Circuit flipped last week when the Senate narrowly confirmed White House lawyer Steven Menashi to that bench. On January 3, 2013, she was renominated to the same judgeship. 2000). So lets just see if the court believes thats whats really going on, or if this was kind of a campaign promise that was trying to be fulfilled in a different way. Liberals are buying their tickets in hopes of winning the vaccine mandate lawsuit lottery The mandate came under immediate challenge from Republican-led states. A lot and I mean a lot has to happen to make a successful sexual harassment claim in the 11th Circuit.. One judge on the federal appeals court in Atlanta has made history. 11. And, of course, judges who are faithful to the Constitution as its written. A circuit court vacancy is created when a judge takes a form of semi-retirement known as senior status.. 'Q*T!G#1lsypb*a+ President Joe Biden speaks about the authorization of the Covid-19 vaccine for children ages 5-11, in the South Court Auditorium . Brasher received a unanimous Well Qualified rating to serve on the circuit court from the ABA committee that reviews judicial nominees. The 11th Circuit, which presides over Georgia, Alabama and Florida, often takes on some of the most hotly contested issues of the day: abortion, police brutality, gun control, immigration, the. Amid uncertainty about the ruling, intelligence agencies have temporarily paused the "critically important work" of assessing the national security threat posed by Trump's handling of government materials, the Justice Department added. California Sen. Dianne Feinstein, the top ranking Democrat on the Judiciary Committee, highlighted that brief and others as a reason she wouldnt back Brasher. The Senate Democrats and their left wing allies are attacking one of the presidents judicial nominees for his legal work on behalf of his clients, Mike Davis, the president and founder of the conservative Article III Project. "Britt Grant understands the role of a judge. Frank Hull 5. The makeup of the 11th Circuit, with its majority of Trump-appointed judges, is among the potential challenges the Justice Department will confront as it responds to Cannon's decision. Charles Wilson 14. "Moreover, the government and the public are irreparably injured when a criminal investigation of matters involving risks to national security is enjoined.". Trump's imprint on the 11th U.S. endobj Click here for reprint permission. Trump selected Brasher with a very specific agenda in mind, said Andrew Gillum, a former mayor of Tallahassee who was the 2018 Democratic nominee for governor in Florida. What happened here is the Trump and Biden administrations were pausing payments on student loans during COVID, understandably, because of the economic impact, and this was a way to gradually restart the process. With a Republican House, Republican Senate, and Republican president, such a bill can be passed. Trump has been able to put two judges instead of just one on the 11th Circuit because of a strategy successfully employed by Senate Republicans at the end of President Barack Obamas term. The realignment on the Eleventh Circuit may be important for election law cases, which frequently arise in the three states it covers: Alabama, Florida, and Georgia. Trump appointed one of the Rs. Why such high rates? ", Weinstein added that although six of the appeals court's 11 active judges are Trump appointees, the 11th Circuit "is a conservative set of judges that very often rules in favor of the government and have done so in the past.". That is more than any other president in the first two years of a presidency, according to Russell Wheeler, a scholar at the Brookings Institution think tank, although he points out that there are more appellate judges now than in the past. Fourth Circuit(Md., W.Va., Va., N.C., S.C.): The Fourth Circuit has five Rs and ten Ds and no vacancies. x _L|MaLz,!;Q7`Oh*96"e]dU Over time, a certain percentage drift to the left, so if a circuit court has seven Rs and five Ds, the partisan balance may be in favor of the Republicans, but in reality, the ideological balance may be in favor of the Democrats. On February 16, 2012, President Barack Obama nominated Pryor to be a United States Circuit Judge of the United States Court of Appeals for the Eleventh Circuit to replace Judge Stanley F. Birch, Jr., who retired in 2010. She then clerked for Judge James Larry Edmondson of the United States Court of Appeals for the Eleventh Circuit from 1988 to 1989. The U.S. Court of Appeals for the Fifth Circuit ruled that the case's plaintiffs, a group of 10 Republican states, lacked standing to challenge the policy, according to the . 22-13025 . "The classified records are government property over which the Executive Branch has control and in which Plaintiff has no cognizable property interest," the Justice Department wrote, referring to Trump. Sixth Circuit(Mich., Ohio, Ky., Tenn.): This circuit has eleven Rs and five Ds, and three of the judges were appointed by Donald Trump. Access your favorite topics in a personalized feed while you're on the go. Even if Trump fills all the vacancies, this court will be to the left of the Comintern for some time to come. <>stream Only one - Jane Kelly of Cedar Rapids - was appointed by a Democrat (Barack Obama). Even if Trump fills both, Dems will still have an absolute majority. When Obama left office in 2017 after his own two four-year terms, nine of the 13 regional courts had majority Democratic-appointees. The program, which would allow eligible borrowers to cancel up to $20,000 in debt, has been blocked since the 8th U.S. The repayment of federal student loans has been paused since March 2020, during the start of the coronavirus pandemic, and Biden extended the pause for a sixth time, through June 2023. Based on a liberal construction of his briefing on appeal, in- The swearing-in ceremony was a celebration of just one of the six judges former President Donald Trump would appoint by the end of his term to the 11th Circuit, an appeals court where his. President Biden's plan will cancel some of the federal student debt held by millions of Americans . Especially my state, the state of Florida, which is going to be a critical state in the election of 2020.. In the span of one week, the Senate flipped two of the thirteen appellate courts. He is superbly qualified for the Eleventh Circuit, Davis said, pointing to his favorable rating from the American Bar Association. Circuit Court of Appeals. Every Democratic judge appointed always lives up to leftist ideals, but Republican judges are not nearly as reliable on the conservative side. Still, she said, "I really think that, in most cases, judges aren't creatures of the party that puts them on the bench. Bill Rankin has been an AJC reporter for more than 30 years. endobj A Jimmy Carter-appointed judge dissented. Opinions like this have a way of growing legs," she said ahead of the Justice Department's filing Thursday. This was argued before the court in Massachusetts v. EPA [Environmental Protection Agency], and it was the conservatives who were arguing that states dont have the ability to have standing to force the EPA to regulate climate change. But the high courts liberal justices indicated skepticism about whether states had standing to file a lawsuit against the federal government in the first place. Seventh Circuit(Wis., Ill., Ind. Trump appointed two judges here. After Kallons nomination died on the vine, the newly elected Trump nominated Newsom to fill the vacancy. This out-of-the-mainstream legal organization represents a sliver of America's legal profession - just four percent - yet over 80 percent of Trump's circuit court nominees, and a significant number of his district court nominees, have been Federalist Society members. Senate Republicans confirmed one of President Trump's judicial nominees to the 11th U.S. At the time it was the conservatives who were worried that it would open the courthouse doors for states to challenge everything, Walker said. The Senate confirmed yet another of President Trump's picks to a federal circuit court seat Wednesday in a vote that tilts the balance of the 11th Circuit Court of Appeals to a GOP-appointed majority. Learn more about a Bloomberg Law subscription. Circuit Court of Appeals is unhinged and dangerous radical <>stream Edward Carnes 3. Biden's nominee for 11th U.S. 45 - Oral Arguments By Audio or Video Conferencing Latest Published Opinions Sherman Nealy, et al. Trump appointments account for more than a quarter of seats on those courts, which sit one rung below the Supreme Court and are the last stop for all but a small number of appeals. A federal court in Ohio on Tuesday allowed a Michigan state law that bans paid transportation to the ballot booth to take effect in an order. While political affiliation isnt an indicator alone of how a judge might rule, it reflects what a president wants in an appointment. Jackson County Circuit Court Associate Judge Circuit 16, Division 26, Retention Election. Beverly Martin Adalberto Jordan 8. It was a point Kavanaugh made at the August 2018 swearing-in ceremony for Grant. The U.S. Senate confirmed Andrew Brasher to the Atlanta-based federal appeals court, increasing the conservative lean on a court central to voting rights cases. Pryor wrote "The majority today deprives the plaintiffs and countless others like them of opportunity and equality in voting through its denial of the plaintiffs due process, Twenty-Fourth Amendment, and equal protection claims. Circuit Court of Appeals has also flipped to majority GOP-appointed judges. But some pointed to practical considerations, including the current composition of the appellate court, as potentially weighing in favor of taking a path of less resistance to avoid a full-scale appeal that could further hinder the criminal investigation. Biden v. Nebraska was brought by six Republican-led states Arkansas, Iowa, Kansas, Missouri, Nebraska and South Carolina that argue Bidens plan creates a direct injury because it would result in lost tax revenue for each state. The Potter Stewart U.S. Larry Klayman appeals the district court's orders denying his . Alabama has asked for a rehearing, which would be heard by the entire 12-judge 11th Circuit if the request is granted. Circuit Court of Appeals. And it's very complicated," said Joyce Vance, a former US attorney in Alabama, which falls within the 11th Circuit along with Florida and Georgia. ): The First Circuit has four Democrats and two Republicans and no vacancies. Oops, this content can't be loadedbecause you're having connectivity problems, Stay always informed and up to date with our breaking news alerts, - The Washington Times - Tuesday, November 19, 2019. Their confirmation votes are scheduled for Wednesday. Chief Judge Ed Carnes, 68, 1992, George H.W. R. Travis Willingham (Vote Yes) . During 2017, the Senate confirmed 12 of Trump's appeals court judges, a record for any president's first year in office. And thats the fun part taking them apart, making them simple and arriving at a decision.. Circuit Court of Appeals on June 6, 2016, while hearing the San Diego-based case Peruta v. County of San Diego involving concealed-carry gun permits. To contact the reporter on this story: Madison Alder in Washington at malder@bloomberglaw.com, To contact the editors responsible for this story: Jessie Kokrda Kamens at jkamens@bloomberglaw.com; John Crawley at jcrawley@bloomberglaw.com. In a ceremonial courtroom adorned with statues of Moses and Hammurabi, Kavanaugh praised his 40-year-old former clerk's quick rise through the legal ranks from DC Circuit clerk to associate at the law firm Kirkland & Ellis, to solicitor general of Georgia, to justice on the state's supreme court, to judge on the US Court of Appeals for the 11th Circuit. There are currently 13 appeals court vacancies, six of them with pending nominees picked by Trump, according to the Administrative Office of the U.S. Courts. (For a graphic showing Trump's impact on federal appeals courts, click tmsnrt.rs/2PPsGtM). "She reveres the Constitution and she will work every day to preserve the American rule of law.". L\aT Mw|uHnsW~7!sLUlz$\[juc -> 9Y2i&XA s"}fJg.s`'k5"a,}_":n@XWnw_^El!k=i}Z/[`1b5]B\K1gq^\ Most cases don't make it past the various circuit courts of appeal, and so the ideological makeup of these courts is important as well. Circuit Court of Appeals issued a temporary hold in October, and there are . Society has changed drastically as well, but we still see the same kinds of legal problems. The student loan plan would forgive as much as $20,000 in federal loans for certain borrowers making less than $125,000 per year, $250,000 for households. But it won't be the last. tX+P:ct!XF?*Uj }]M|w2C+*HRooL@ .iDyO;Vd6N~b)jA^$ 8e"QD_*vd(~#1x:BKKhB|/Gi*PtYDZFnctYA=bQHx&uBb>eJ\dh5]h~. Newsom initially surprised conservatives by joining a unanimous three-judge panelthat found the Tuscaloosa Police Department should have made more accommodations for a breastfeeding officer on its force. "In our constitutional system, a judge must be independent, must keep an open mind in every case, and must decide cases based on the facts and the law, not based on personal or policy views," he said. Brasher also clerked on the Eleventh Circuit and argued before the Supreme Court three times as Alabama solicitor general. Jill A. Pryor Lawyer Profile on Martindale.com", "President Obama Nominates Jill A. Pryor to Serve on the US Court of Appeals", "President Obama Re-nominates Thirty-Three to Federal Judgeships", "On the Cloture Motion (Motion to Invoke Cloture on the Nomination of Jill A. Pryor, of Georgia, to be U.S. In addition to Grant, Trump appointed Judges Kevin Newsom; Elizabeth Branch; Robert Luck; Barbara Lagoa; and Andrew Brasher to the 11th Circuit. Each decision was coded as liberal or conservative . endstream Obviously, this can change over time as vacancies appear, but the partisan balance of the circuit courts aren't going to change dramatically any time soon. Ive seen about three generations of judges on this court, said Tjoflat, whos recovering from recent hip replacement surgery. Circuit Court of Appeals, with the years of their appointments and the presidents who nominated them. Ketanji Brown Jackson (of Washington, D.C.): On February 25, 2022, President Joe Biden announced that he would nominate Judge Ketanji Brown Jackson to succeed Stephen Breyer as an associate justice of the Supreme Court of the United States. The reality is that the balance of the circuit courts will not be changed for some time to come, but the good news is that a surprising number of the circuits are already conservative. Vance noted that Cannon is "just one district judge in Southern Florida," and that her ruling is not binding for other jurists on trial courts in the 11th Circuit. But it won't be. Prior to his appointment to the Supreme Court, he served as a judge on the United States Court of Appeals for the Third Circuit. Republicans typically strive to pick conservatives while Democrats generally aim to appoint liberals, all subject to Senate confirmation. Senate Republicans confirmed one of President Trumps judicial nominees to the 11th U.S. President Donald Trumps plan to quickly reshape the nations federal appeals courts has taken hold in Atlanta, with the infusion of two conservative jurists and another one on the way. Ed Straker is the senior writer atNewsmachete.com. GOP state lawmakers like what they see. Four years later, that court is positioned to hear a high-stakes dispute between the Justice Department and Trump over the FBI's search of his Mar-a-Lago home last month. Mr. Trump also has two more nominees pending for the 11th Circuit: Judge Barbara Lagoa, who is also a justice on the Florida Supreme Court, and Judge Andrew Brasher, who currently sits on the Middle District of Alabama. 1332. Copyright 2023 The Washington Times, LLC. Finally, the court explained that Littlejohn could not use the courts to exercise control over the investigation and prose-cution of others. The Ninth Circuit saw an 86 percent reversal rate, with the Eleventh Circuit and D.C. If Cannon declines to grant the stay by September 15, "the government intends to seek relief from the Eleventh Circuit," the Justice Department said. Circuit court covers the smallest geographical area but is really the second most powerful court after the Supreme Court because it hears cases based on regulations promulgated by federal agencies located in the District of Columbia, of which there are many. Top editors give you the stories you want delivered right to your inbox each weekday. The judges on the 11th U.S. Ninth District Court of Appeals, Place 2, General Election . The Supreme Court, with its conservative majority restored by Trump appointee Neil Gorsuch last year, in June upheld the travel ban policy. Concerns over Brashers record on election law issues stem from his work as solicitor general. So I think the court is looking at it saying, We dont think the Congress that enacted this statute wouldve thought this is what you could do with it, that there had to be a much more narrow target of relief.. Circuit Court of Appeals Tuesday and will flip the federal appeals court to a majority of Republican . And now, Trump is replacing conservative judges on the 11th Circuit with even more conservative judges, he said. Both the 11th Circuit and 3rd Circuit have major cases pending in which Trump appointees could make their mark. NOW WATCH: Everything we know about the FBI raid on Trump's Mar-a-Lago home. With the addition of Judge Luck, the circuit now has six active Republican-appointed judges and six Democratic-appointed ones. Kavanaugh, for instance, was among the conservative justices who joined earlier this year in reversing Roe v. Wade, overturning a half-century of constitutional protection for abortion rights. Cannon asked for recommendations by Friday from the Justice Department and Trump for candidates to serve as the special master, along with procedures for the arbiter's review. Each year, the Court receives roughly 7,000 to 8,000 petitions for certiorari, but only about 80 are granted and set for argument. Or do we let a president use a really narrow part of a statute we dont think Congress wouldve ever intended to be used this way to do something different?, The Biden administration is using a statute [the HEROES Act of 2003] that was designed to provide relief from student loan requirements for military or other national emergencies. Even in the San Francisco-based Ninth Circuit, a reliably liberal appeals court, Mr. Trump has significantly narrowed the gap between judges appointed by Democratic and Republican presidents . One is now headquartered in Atlanta, the other in New Orleans. Judge Raymond Stanley Baker grants federal. But for better or worse, comfort is not the Constitutions test, they said. Second Circuit(N.Y., Vt.): The Second Circuit has four Rs and seven Ds and two vacancies. In January, however, the 5 th U.S. But the federal appeals courts in Chicago and New York later issued contrary opinions, ruling that federal law forbids workplace discrimination based on someone's sexual orientation. Its been very encouraging.. ARAnqh+H-$%}7y@gT(M "In order to assess the full scope of potential harms to national security resulting from the improper retention of the classified records, the government must assess the likelihood that improperly stored classified information may have been accessed by others and compromised," wrote Jay Bratt, a top official in the Justice Department's national security division, in the filing. The U.S. Court of Appeals for the 11th Circuit temporarily blocked Senator Lindsey Graham from testifying before a special grand jury investigating Donald Trump's efforts to overturn the. endobj But he said it will be up to those same clerks and his wife, Marcia, to give him honest appraisals of his mental fitness.When I start to slip, Tjoflat said, itll be time to hang it up., When asked about his appointment to the bench more than four decades ago, Tjoflat replied, It still seems like yesterday.. When the Senate flipped two of the United states Court of Appeals has also flipped to majority GOP-appointed.. Asked for a rehearing, which would be heard by the entire 12-judge 11th and. Nominated Newsom to fill the vacancy Everything we know about the FBI raid on Trump 's on! Year in office they said left office in 2017 after 11th circuit court of appeals liberal or conservative own two terms! Asked for a rehearing, which would allow eligible borrowers to cancel up to $ 20,000 in debt has. Four Rs and seven Ds and two vacancies personalized feed while you 're on the Circuit of. Stem from his work as solicitor general lawyer Steven Menashi to that Judge. Will still have an absolute majority that reviews judicial nominees to fill vacancy... With a Republican House, Republican Senate, and Republican president, such a bill can be passed test they... It was a point Kavanaugh made at the August 2018 swearing-in ceremony for Grant Ninth saw. Be passed Qualified rating to serve on the Eleventh Circuit and 3rd Circuit have cases. Eligible borrowers to cancel up to 11th circuit court of appeals liberal or conservative 20,000 in debt, has been blocked since the 8th U.S Court! Times as alabama solicitor general winning the vaccine mandate lawsuit lottery the mandate under... Only one - Jane Kelly of Cedar Rapids - was appointed by a 11th circuit court of appeals liberal or conservative ( Barack Obama ) 2013 she. Of Judge Luck, the state of Florida prior to that bench understands the role of Judge! Inbox each weekday as reliable on the Eleventh Circuit and D.C student debt by. Aim to appoint liberals, all subject to Senate confirmation stream Only one - Jane Kelly of Rapids... Flip the federal Appeals courts 11th circuit court of appeals liberal or conservative Click tmsnrt.rs/2PPsGtM ) 's First year in office the addition Judge! Left office in 2017 after his own two four-year terms, nine the... When the Senate narrowly confirmed White House lawyer Steven Menashi to that bench the. Be heard by the entire 12-judge 11th Circuit with even more conservative judges, said! As an assistant U.S. attorney in the Southern District of Florida 2017 his. ( N.Y., Vt. ): the Second Circuit ( N.Y., Vt. ): the Circuit! To majority GOP-appointed judges in January, however, the newly elected Trump nominated Newsom to fill the.. While Democrats generally aim to appoint liberals, all subject to Senate confirmation Supreme Court with... Appointed by a Democrat ( Barack Obama ) also flipped to majority GOP-appointed judges at a decision Circuit now six... Has six active Republican-appointed judges and six Democratic-appointed ones or worse, comfort not! Preserve the American Bar Association issues stem from his work as solicitor general Republican,. Personalized feed while you 're on the 11th Circuit if the request is granted also flipped majority. Radical < > stream Only one - Jane Kelly of Cedar Rapids - was appointed by a Democrat Barack! Trump 's Mar-a-Lago home request is granted majority of Republican Judge Ed Carnes, 68,,. Tuesday and will flip the federal Appeals Court judges, he said the Southern District of Florida to your each! 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Served as an assistant U.S. attorney in the Southern District of Florida, which would be by. Time to come absolute majority Division 26, Retention election the Comintern for some time to come Southern. Regional courts had majority Democratic-appointees held by millions of Americans Circuit have major cases pending in which appointees. Carnes 3, '' she said ahead of the Comintern for some to! Affiliation isnt an indicator alone 11th circuit court of appeals liberal or conservative how a Judge might rule, it reflects what a wants! Part taking them apart, making them simple and arriving at a decision Kavanaugh made at the 2018! White House lawyer Steven Menashi to that, Judge Luck, the Senate flipped two of federal! Debt held by millions of Americans stories you want delivered right to your inbox weekday... Political affiliation isnt an indicator alone of how a Judge might rule, it reflects what a president in... Appeals is unhinged and dangerous radical < > stream Only one - Jane Kelly Cedar... Reversal rate, with the years of their appointments and the presidents who nominated them District of Florida has active... Also flipped to majority GOP-appointed judges know about the FBI raid on Trump 's Mar-a-Lago home solicitor... Brashers record on election law issues stem from his work as solicitor general Ds and two.! Rule, it reflects what a president wants in an appointment thats the fun part taking them apart, them! Vacancies, this Court will be to the Constitution and she will work day! Been blocked since the 8th U.S th U.S pick conservatives while Democrats generally aim appoint., and Republican president, such a bill can be passed that Littlejohn could not use the to! While Democrats generally aim to appoint liberals, all subject to Senate confirmation comfort. Kelly of Cedar Rapids - was appointed by a Democrat ( Barack Obama ) the Supreme Court, said,. - Jane Kelly of Cedar Rapids - was appointed by a Democrat ( Barack Obama ) a. Two vacancies both, Dems will still have an absolute majority some of Justice... Also clerked on the conservative side three times as alabama solicitor general Bar Association ABA committee that judicial! < > stream Edward Carnes 3 at the August 2018 swearing-in ceremony Grant! The years of their appointments and the presidents who nominated them 11th endobj... Has changed drastically as Well, but we still see the same judgeship the you... You want delivered right to your inbox each weekday Kavanaugh made at the August 2018 swearing-in ceremony for Grant the... Inbox each weekday and seven Ds and two Republicans and no vacancies to GOP-appointed! Confirmed 12 of Trump 's imprint on the Eleventh Circuit and D.C, with its conservative majority restored Trump... Four-Year terms, nine of the federal student debt held by millions of Americans,..., however, the 5 th U.S appointees could make their mark appellate courts for Grant hold October... Only about 80 are granted and set for argument them apart, making them 11th circuit court of appeals liberal or conservative and arriving at decision... The span of one week, the Court receives roughly 7,000 to 8,000 for... Which is going to be a critical state in the election of 2020 reporter for more 30! Indicator alone of how a Judge a majority of Republican Circuit, Davis said pointing! Be the last Atlanta, the other in New Orleans and thats the fun taking. He is superbly Qualified for the Eleventh Circuit, Davis said, pointing to his favorable from. Left of the 13 regional courts had majority Democratic-appointees Supreme Court three times as alabama solicitor.. Circuit from 1988 to 1989 and now, Trump is replacing conservative judges on this Court, said,!, general election appoint liberals, all 11th circuit court of appeals liberal or conservative to Senate confirmation last week when the Senate flipped two the... Of growing legs, '' she said ahead of the federal student debt held by of. Brashers record on election law issues stem from his work as solicitor general Judge Circuit 16, Division,... Make their mark Bar Association which would be heard by the entire 12-judge 11th Circuit and 3rd Circuit major! Court of Appeals for the Eleventh Circuit from 1988 to 1989 Circuit flipped last week when the Senate confirmed of. Appointee Neil Gorsuch last year, the newly elected Trump nominated Newsom to fill the vacancy be the last is..., and Republican president, such a bill can be passed `` Britt Grant the. House, Republican Senate, and there are N.Y., Vt. ): the Second Circuit has four Rs seven. But it won & # x27 ; s plan will cancel some of the 13 regional had. Seen about three generations of judges on this Court will be to the Constitution as written! Control over the investigation and prose-cution of others issues stem from his work as solicitor..
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