Kash Patel, the staffer who wrote the Nunes memo, is – shocker – a fucking moron:
Patel was issued a rare “order of ineptitude” in 2016 by U.S. District Judge Lynn Hughes, who faulted the lawyer’s handling of the prosecution of Omar Faraj Saeed Al Hardan, who was accused of trying to support ISIS.
“If the pretentious lawyers from ‘main’ justice knew what they were doing — or had the humility to ask for help from the United States Attorney for the Southern District of Texas,” Hughes wrote, “it would not have taken three days, seven telephone calls, three voicemail messages and one snippy electronic message for them to indirectly ask the court for assistance in ordering a transcript.”
[…] The judge admonished Patel from the bench after he arrived in court, shortly after a flight, without proper attire.“You’re not a member of the trial team,” Hughes said. “It’s been going on for a month or so and you haven’t been here, have you?”
“And where is your tie?” the judge said. “Where is your suit?”
Hughes then demanded Patel’s passport to prove he’d just arrived from an overseas flight, and he asked why he had been chosen to participate if there were other prosecutors nearby in the U.S. Attorney’s office.
“What is the utility to me and to the people of America to have you fly down here at their expense, eat at their expense and stay at their expense when there are plenty of capable people over there, in this room plus over there?” Hughes said. “You’re just one more nonessential employee from Washington.”
“You don’t add a bit of value, do you?” the judge added.
Judge Lynn Hughes (a man, if that weren’t already obvious) was appointed by St. Ronald Reagan.
Elmo
It takes an awful lot for me to feel sorry for an attorney in the Justice Department. It takes even more when I know from later events that the attorney is hip-deep in Trumpism and Nunesscheise.
This dick of a judge has managed it. Who thinks he would have treated a white guy from Texas like this? Anyone? Bueller?
Baud
I’m not saying he’s not a moron (I don’t know), but someone else here said that the judge was way out of line. I really don’t like asshole judges.
MisterForkbeard
Dude seems like an idiot and the judge seems like an asshole.
eric
So, he was a member of the Obama-era DOJ?
Major Major Major Major
If only more people would say this to republicans.
Eljai
Come to think of it, this applies to everyone in Trump’s orbit, including Trump himself.
Baud
I honestly don’t understand focusing on the intelligence of the staffer. Do we think the staffer is manipulating Nunes to act the way he’s acting? Seems like Nunes is responsible regardless of how smart the staffer is.
LAO
@Elmo: Endorsed, wholeheartedly. The Judge is a supreme dick.
Immanentize
Judge Hughes is a dangerous Judge who has been ‘sanctioned’ by the Fifth Circuit for his bad demeanor and atrocious court case management. I think he had all criminal cases reassigned at one point.
Then again, blind squirrel and all….
Just One More Canuck
“order of ineptitude”? Is Kash Patel related to McMegan?
Though to be fair, “order of ineptitude” could apply to the entire Trump administration
MomSense
@LAO:
Sounds like dicks all around.
LAO
@MomSense: probably. Except for the defense counsel, of course.
eric
@LAO: perhaps, but that was some of the worst work I have ever seen from a lawyer. You walk in there without a suit, you are asking for a beatdown, so you better be ready with a non-dick way of answering the question or front it asap. “I just got back from London” is the worst answer he could give. Presumably you bring a suit with you to London knowing you were coming to Court when you got back. I travel A LOT for work and I always have a suit with me just in case. and if there is a trial? heck yeah. this is a bad combo of jerk meets dick (and not in the good way).
Major Major Major Major
@Baud: I would hardly say we’re “focusing on” this guy. If the idiot-sniping gets out of control though, that would be a problem, but is anybody trying to blame him for the memo?
eric
@Immanentize: even more to the point why you dont show up to HIS court without a suit.
I am assuming he is swiping at the Obama people more generally.
Baud
@Major Major Major Major: Well, it’s a front page post on one of the nation’s premier blogs. That’s more focus that staffers usually get.
Sab
@Immanentize: And yet he is there for life. We have a similar quality judge appointed by Bush in Ohio. And the Trump appointees will be with us for decades.
Yutsano
@Sab: Federal judges can be impeached. If the Democrats win back Congress, this could happen, especially with the incompetent boobs Dolt45 appointed.
Mnemosyne
@eric:
Hopefully it will all work out in favor of the defendant, which is probably what everyone involved deserves.
(Though I don’t know anything about the merits of this specific case, I’m a little suspicious of all “terrorism”-related cases.)
Major Major Major Major
@Baud: I mean, the previous post is about two cats and the pinned post is about everybody’s pets.
LAO
@eric: I guess — the conference appears to be in chambers, not the well of the courtroom and the Judge was already plenty pissed at the thought of Patel before he even entered the room. I have been dressed down by federal judges before, sometimes deservedly and sometimes not. It appeared to me that the Judge was just looking for an excuse to pounce and the idiot gave him one.
Baud
@Major Major Major Major: That’s why we’re one of the nation’s premier blogs.
LAO
Just got a Washington Post Alert — And So It Begins.
Amir Khalid
It sounds like the judge was already cheesed off with the federal prosecutors even before Patel turned up in his court, out of the blue and improperly dressed. It may have been purely fortuitous that Patel was the one to receive the shellacking.
By the way, I am impressed with Rawstory’s choice of photo for the story. It’s simply impossible for a grown person to be photographed playing air guitar at a party without looking dopey.
Elmo
@eric: I thought he was returning from Kazakhstan or some similar place. Transiting through London. No?
Anyway, I would understand the judge saying, in his best flat voice, “You’re not dressed. Come back when you are.” but to just continually demean the guy personally, keep hammering him for even being there? I doubt very much that he was there on a personal whim. People who aren’t Federal judges tend to go where their bosses send them. Really unfair and vicious to demean him like that for being “useless” and adding no value, and so on, and so on – and then to dismiss him after making him stand through it? Just fking petty, nasty powertripping dick move.
foucault swing voter mistermix
Just a note on why it’s important that the lead Republican counsel of Nunes’ committee is (apparently) an idiot. Staff do all of the heavy lifting for Members of Congress. I’m sure this guy spent a lot of time crafting the load of shit that Nunes is trying to grunt out, and he’s definitely at least in part responsible for this attempt to pre-emptively dirty up Mueller and the FBI. And even if this judge is an asshole – and by all accounts he is – it seems like he picked a worthy target in this one instance.
Major Major Major Major
@Baud: I just think it’s a mistake to try and blame Tikka for the memo.
Baud
@foucault swing voter mistermix:
Then the dumber the better. A smart staffer might make it sound good.
That’s an issue of integrity, not intelligence.
Amir Khalid
What happens after a judge formally calls a lawyer out for ineptitude?
foucault swing voter mistermix
@Baud:
Can’t it be both? I think that’s a lot of the problem with the Trump administration in general – they are dumb and evil. Thank Baby Jesus that they aren’t smart and evil or we’d be in even worse shape than we are now.
Kay
No one is in charge and they’re all horrible so they don’t know how to act:
IMAGINE what goes on in Trumpworld, just on a daily basis. It’s a corruption free for all.
different-church-lady
@LAO: Who is Mark Felt?
I don’t mean that as a Jeopardy answer: I mean who is going to be Deep Throat in this Watergate reboot?
I mean, even Nixon knew J. Edgar Hoover was the more dangerous cat in the jungle.
foucault swing voter mistermix
@Amir Khalid:
A swirly in the toilet in the judge’s private chambers, I assume.
Major Major Major Major
@Amir Khalid: if the lawyer is a republican they probably get promoted.
Neldob
Off topic, but has anyone seen much calling out of how the SOTU claimed credit for BHOs accomplishments?
Baud
@foucault swing voter mistermix: He might be both. I don’t know. But when a Republican agrees to sell out his integrity to protect Trump, that doesn’t tell me anything about his level of intelligence. Gorsuch and Alito are relatively smart, and I have no doubt they would have helped Nunes draft this memo if they worked for him.
Kay
I think my favorite part is the nepotism. The adult children of these people Trump hires seem to feel they are entitled to wander around behind their parents at work! It’s the craziest fucking thing I’ve ever seen. It’s like you hire one and you get the whole damn family. These adult children must be MOVING to DC to pretend-work at these “jobs”. What were they doing before? Nothing? They can just drop their whole lives and follow dad around at work?
Major Major Major Major
@Baud: what makes you think Gorsuch is smart? He can’t even do a good Scalia impression.
Neldob
@foucault swing voter mistermix: They are all evil. Not all of them are dumb.
Sab
@Yutsano: Aren’t they impeached for corruption, not incompetence or jerkishness?
Baud
@Major Major Major Major: I said “relatively.” I’ve read some of his opinions. He has the flourish of a pseudo-intellectual. But I’m confident his smarter than most of the Republicans in the administration or in Congress.
Major Major Major Major
@Baud: I mean, okay, he can spell.
Neldob
Chain immigration only for the GOP administration.
TenguPhule
@Major Major Major Major:
Spellcheck can be operated by lizards and parrots.
TenguPhule
@Neldob:
The Republicans immigrate to Russia, in chains.
Sab
@Kay: Isn’t that pretty much how banana republics work? One of the perks of power is you get to hire all your relatives on the government’s dime?
Barbara
For a man to show up in court without a tie is always a bad move. You can buy ties on the street corner or in the airport on the way to the destination where the court is, and a button down shirt too if you need to. Heck, I have borrowed shirts from people if I needed to wear a suit and didn’t have one. When I worked for the court, we had a snowstorm and one of the attorneys was surprised that we were still open, and borrowed a tie from the clerk. So the judge was a dick, but think about it, if there was a hearing scheduled close in time to your return from vacation, you would work with your team to cover it under the assumption that you might not be able to handle it yourself. You wouldn’t just show up in court unprepared. When stuff like this happens, it’s usually only after a lot of other signs of disorganization and lack of preparation.
Baud
@Major Major Major Major: It’s a skil.
Enhanced Voting Techniques
The concept that Reagan was smarter that the typical current Republican is just mind boggling.
dmsilev
Apparently, speaking of evil ineptitude, the House GOP just released The Memo.
Another glob of shit hitting the fan, and at this point the blades are so encrusted that the motor is starting to seize up and emit smoke.
Cheryl Rofer
Looks like the Nunes memo will be released in the next few minutes. Twitter activity is ramping up. Select excerpts have been released to, surprise, surprise, Fox News and the Washington Examiner.
germy
@dmsilev:
So is this bigger than Watergate?
germy
Niles
Here is a little more context: https://www.washingtonpost.com/world/national-security/you-dont-add-a-bit-of-value-do-you-texas-judge-berates-government-lawyers/2016/02/11/0b3a181c-d006-11e5-88cd-753e80cd29ad_story.html
The judge is an old white man from Texas. The attorney is a POC. The DOJ was run by Loretta Lynch at the time. The DOJ lawyers obviously thought the judge was a racist. That is why they ordered the transcript.
Kash Patel is the lawyer the judge berated, but he was not the lawyer who screwed up ordering the transcript.
James E. Powell
@Elmo:
It’s black robe disease. There is no cure. I’ve been taken down by federal judges who thundered at me like the Wizard of Oz for all manner of minor offenses. One judge yelled at me for fifteen minutes because I filed a motion for additional time in which to respond to a motion for summary judgment. I was apparently personally responsible for overloaded dockets. Then he granted the motion. I kept the penitent expression on my face and thanked him.
I am a firm believer that the lifetime appointments need to end. I’d go for 21 year terms, rule against perpetuities.
different-church-lady
@germy:
EMAILS EMAILS EMAILS!!!MEMO MEMO MEMO!!!This is entirely about holding on to market share, not increasing it.
Cheryl Rofer
Another Scott
@Elmo: I agree and said similar things last night. The judge seems to be a RWNJ bully, no matter what Patel’s faults are.
FWIW.
Cheers,
Scott.
Alternative Fax, a hip hop artist from Idaho
While it was indeed an entertaining read, the judge does not belong on the bench. Lawyers should be able to scold someone with civility, and judges should all be able to. This guy’s just an asshole.
I have absolutley no doubt he’d never have behaved that way with a white guy from Texas, or from anywhere. He’d most likely have been snotty to a white guy from main Justice, as he does have an attitude about DC, but a white guy with an English/Irish/Scots/ maybe French or German sounding surname, not a fucking chance that guy gets reamed like the brown guy with an Asian surname did.
dmsilev
So, The Memo is apparently 4 pages long. Given the GOP’s work ethic, I have to ask “in what font size and what line spacing?”. We might find that it’s only about 2 Tweets in actual length, which by odd coincidence matches up well with Trump’s attention span.
efgoldman
Patel may or may not be a moron. Given that he’s a Trumpie, the answer is probably yes. But the judge is an asshole.
Miss Bianca
@Alternative Fax, a hip hop artist from Idaho: From the little I’ve read of the interaction, it does indeed sound like the meeting of Dick and Jerk. And I agree with you, I bet that judge would have taken a slightly less aggressive tone with a white guy.
ETA: How are you, btw? Been meaning to email you with some more details about our Master’s foxhunting case – now the county attorney thinks she can try to ban her hunting on public lands. le sigh.
Baud
@James E. Powell: I agree.
germy
@different-church-lady:
Aren’t they trying to tie the two together? That the emailz were all about trying to take down a Good Man by buying a sleazy dossier?
eric
@Alternative Fax, a hip hop artist from Idaho: I assuming it was the color of the guy in the White House that mattered more.
Gin & Tonic
@Cheryl Rofer: Has it been formally declassified?
Another Scott
@Gin & Tonic: TheHill says:
Because of course they did. Rules and norms are for little people.
Cheers,
Scott.
germy
germy
@Another Scott: When does the Minority Report come out?
Gin & Tonic
@Another Scott: So they released it without declassifying it? Does the House have declassification authority?
JPL
@germy: hahahahahaha
Alternative Fax, a hip hop artist from Idaho
@LAO: My favorite part was when they’re discussing the new docket control officer, because of course the judge didn’t like the previously assigned one and the AUSA assures his honor that there’s a new one.
I like that style.
@eric: Your point about it being horrifying prep and work on the part of counsel from Main Justice is precisely correct however. Strolling in clueless about the court (the person, who was certainly known to the attorneys in the district as um, distinctive) and without a suit is just stupid. Judge is still an asshole though.
Another Scott
@Gin & Tonic: I think that the Intelligence Committees can declassify things (it would be hard for them to do oversight of the Three Letter Agencies otherwise), but I don’t know the details. And there was that Senator that put the Pentagon Papers in the Congressional Record.
But IANAL.
Cheers,
Scott.
efgoldman
@Immanentize:
Isn’t that also the circuit where some other judge (Smith??) ordered the DOJ lawyers basically to submit a term paper, early in the Obama administration?
And Janice Rogers Brown
germy
Mnemosyne
@Kay:
My late Republican dad started his own business specifically so he could be his own man and not spend his life following his dad around. And he sold it off and retired long before my brother or I would have been interested in running it, which we weren’t.
Another Scott
@germy: No idea. Shiff’s Twitter Machine doesn’t say anything about releasing it, yet.
Cheers,
Scott.
efgoldman
@Yutsano:
Don’t they require 2/3 to remove? Or is that just the president/VP
Anyway, this would set a horrible precedent. What we can do in the majority, so can the RWNJs, although in their charming way they will overdo it. Would we really want to spend any number of congressional sessions impeaching and trying judges?
If there are real crooks (and I’m sure there are) get ’em out
Neldob
@TenguPhule: nice
James E. Powell
@germy:
But everybody knows the WSJ is a lefty commie fake news rag.
Feebog
I noted last night that I have been in situations where I stopped a hearing (I conduct administrative hearings for the county and city of Los Angeles) and took an attorney to a conference room for an attitude adjustment. The Opposing Counsel was also there to avoid any accusation of ex party communication. But I have never heard of a judge thrash an attorney like this, not even close.