Pam Bondi has the AG nomination in the bag (photo by Mandel Ngan/AFP via Getty Images).
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The theme for last week in our family was health—a good thing given that we’re almost at Thanksgiving, a holiday synonymous with overeating. I’m happy to report that after six months, I’m at or close to my goal weight. I also took Harlan and Chase to the pediatrician for their check-ups—or in today’s parlance, “well visits”—and they’re both doing great (and as cute as ever). Zach and I feel very blessed.
We all got our Covid and flu shots—and the Covid shot hit me pretty hard, perhaps reflecting my history with the virus. But I urge you to get these vaccines—or at least discuss with your internist whether, given your circumstances, you should get them.
Speaking of Thanksgiving, I might take next weekend off from Judicial Notice, then make the following weekend a double edition. But it will depend on the news—to which we now turn.
Lawyer of the Week: Pam Bondi.
Amid heavy criticism of his nomination, former representative Matt Gaetz (R-Fla.) withdrew from consideration as Donald Trump’s nominee for U.S. attorney general. Trump promptly nominated Pam Bondi, 59, to lead the U.S. Department of Justice (DOJ). (In case you’re wondering, it’s BON-dee, per her YouTube campaign video).
From 2011 to 2019, Bondi served as the 37th attorney general of Florida, making history as the first woman to hold this significant role in the state. According to her bio on the website of Ballard Partners—the lobbying firm she joined after leaving government, where she chairs the Corporate Regulatory Compliance practice—she “was one of Florida’s most accomplished Attorneys General.” She “undertook dozens of major state and national initiatives,” addressing pressing issues such as the opioid crisis and the Deepwater Horizon oil spill. In November 2014, she won reelection handily, securing a commanding 55 percent of the vote.
Résumé snobs might not appreciate Bondi’s academic background. She graduated from the University of Florida and the Stetson University College of Law, currently ranked #98 by U.S. News; she never completed a judicial clerkship; and although she has many years of service as a state prosecutor, she has not served in federal prosecution roles.
But unlike Matt Gaetz, who practiced law for about two years, Pam Bondi is—at least on paper—qualified. She spent nearly two decades as a prosecutor, followed by eight years of service as attorney general of the nation’s third most-populous state. As former deputy attorney general Rod Rosenstein articulated to Bloomberg Law, Bondi “has legal and political expertise that will serve her well at the Department of Justice.”
Former acting associate attorney general Jesse Panuccio noted: “Pam Bondi served with distinction as attorney general of Florida for eight years. She was a law-and-order prosecutor who cracked down on pill mills, fought unconstitutional and illegal federal actions, and stood for the rule of law. Those experiences will serve her well in leading the U.S. Department of Justice.”
Bondi’s qualifications are particularly significant as highlighted by Professor Randy Barnett, who stated, “unlike Gaetz, quality lawyers will work for Pam Bondi.” Her appointment conveys a reassuring message to former Trump administration alumni contemplating returning to DOJ service: it’s safe to re-enter the arena.
What are the concerns surrounding Bondi? Critics point out her lack of federal prosecutorial experience, which could be an asset in leading the DOJ. Additionally, her conservative views may alienate some; as Florida AG, she openly challenged the Affordable Care Act and opposed marriage equality, although she did support workplace protections for LGBTQ+ employees.
And yes, she remains a staunch Trump loyalist. After stepping down as Florida AG, she played a role on his legal defense team during his first impeachment and backed his unfounded claims of election fraud in 2020. But what’s a little election denialism among friends?
Rationally, is it realistic to expect someone who isn’t a Trump supporter to be appointed as AG? There’s a valid point—shared by Sarah Isgur of Advisory Opinions—that Trump is entitled to loyal Cabinet members.
Many attorneys familiar with Bondi through Florida’s legal circles expressed to Law360 that while she might lean conservative and be pro-Trump, they trust her commitment to the rule of law. Whether their faith in her is warranted will become evident if Pam Bondi is confirmed—and I anticipate she will be, even if she struggles to address some questions during her confirmation hearings.
Other lawyers in the headlines:
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Numerous high-ranking Biden administration lawyers are either leaving or will soon depart from government, including Gary Gensler, chair of the Securities and Exchange Commission (SEC), who is set to step down on January 20; Damian Williams, U.S. Attorney for the Southern District of New York (S.D.N.Y.), who will depart sometime before Inauguration Day; and Kathi Vidal, director of the U.S. Patent and Trademark Office, who will leave office in December to rejoin her former firm, Winston & Strawn.
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A Stanford professor specializing in artificial intelligence (AI) and disinformation reportedly submitted an expert report containing… fake citations generated by AI (via Ted Frank, whose Hamilton Lincoln Law Institute is the plaintiff in the underlying lawsuit, a constitutional challenge to a Minnesota law banning the sharing of AI-generated content intended to influence elections).
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Talk about sibling rivalry: Peter Park has been surpassed as the youngest individual ever to pass the California bar exam—by his sister, Sophia Park. According to The New York Times (gift link), Sophia passed at three months younger than Peter, at 17 years and 8 months old, compared to his 17 years and 11 months. After she turns 18 in March, she’ll join her brother as a prosecutor in Tulare County, California.
In memoriam:
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Spencer Lawton Jr.—former district attorney for Savannah, Georgia, who implemented a number of reforms to his office but became notorious for his handling of the murder case outlined in the bestselling Midnight in the Garden of Good and Evil—passed away at the age of 81.
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Diane Coleman, a consumer-protection lawyer turned disability-rights advocate, passed away at the age of 71.
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Professor Walter Taggart—who dedicated 43 years to teaching federal courts, real estate, and bankruptcy at Villanova Law—passed away at the age of 81.
May they rest in peace.
Judge of the Week: Judge Embry Kidd.
Congratulations to Magistrate Judge Embry Kidd (M.D. Fla.). On Monday, he was confirmed to serve on the U.S. Court of Appeals for the Eleventh Circuit by a vote of 49-45. Senator Chuck Schumer (D-N.Y.) praised Kidd—a Yale Law School graduate who clerked for the Fourth Circuit, worked at Williams & Connolly, and served as a federal prosecutor—as “exceptionally qualified.”
What are the potential impacts of high-profile resignations in the Biden administration on ongoing legal initiatives and the future direction of regulatory enforcement?
Ars and 11 months. This achievement has garnered significant media attention, highlighting the competitive nature of the legal profession and the extraordinary capabilities of young talent.
In other legal news, there seems to be a trend of high-profile resignations within the Biden administration. As anticipated, several senior attorneys are planning to exit government roles, which could have implications for ongoing legal initiatives and regulatory enforcement as a new administration prepares to take the helm.
The report about an expert professor submitting a report with fabricated AI-generated citations raises serious questions about the integrity of expert testimony and the standards of academic work, particularly in an era increasingly influenced by technology.
these developments underscore the dynamic and occasionally tumultuous landscape of legal positions and the nuanced challenges faced by those within the justice system. As Pam Bondi steps into a potentially pivotal role, her confirmation hearings will likely be a focal point for discussions surrounding qualifications, political loyalty, and the future direction of the Department of Justice. The legal community closely watches as these developments unfold, reflecting the broader societal implications of leadership choices in law.
