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IMMIGRATION                                                             APRIL 04, 2025     |  The Indian Eye 38



                    Trump and Dick the Butcher



                           Have the Same Impulse:


                      “Let’s Kill All the Lawyers”





        BY CYRUS D. MEHTA          lawyers in this way and worse as   fense who stand in the way of   threatens our national security,   cent victims like Laken Riley,
                                   “[threatening] our national se-  tyranny.              homeland security, public safe-  Jocelyn Nungaray, or Rachel
              he White House issued   curity, homeland security, pub-  Trump, and his henchman   ty, or election integrity.  Morin, or the enormous drain
              a memo on March 22,   lic safety, or election integrity.”  Miller, like Dick the Butcher,   Recent examples of gross-  on taxpayer resources intended
        T2025 ominously titled         But there is another mean-  are now attacking  the immi-  ly unethical misconduct are far   for Americans.
        Preventing Abuses of the Le-  ing to this phrase. Dick the   gration bar through this memo.   too common.  For instance,   Federal Rule of Civil Pro-
        gal System and the Federal   Butcher  is  a  murderous  thug   Supposedly unethical lawyers   in 2016, Marc Elias, founder   cedure 11 prohibits attorneys
        Court.                     and  Jack Cade’s right hand   are standing in their way to dis-  and chair of Elias Law Group   from engaging in certain uneth-
            The phrase “The first thing   man who is leading a rebel-  mantle an immigration system   LLP, was deeply involved in the   ical conduct in Federal courts.
        we do, let’s kill all the lawyers”   lion against King Henry. They   that allows the persecuted to   creation of a false “dossier”   Attorneys must not present
        is from William  Shakespeare’s   kill anyone who can read and   seek protection in the US. The   by a foreign national designed   legal filings “for improper pur-
        Henry VI said by a character   burn all books and documents   memo suggests ways  to “kill   to  provide  a  fraudulent  basis   pose[s],” including “to harass,
        called Dick the Butcher in Act   they encounter as it will be be   the lawyers”  by sanctioning   for Federal law enforcement   cause unnecessary delay, or
        IV, Scene II. This phrase has   easier for them to take over an   and disciplining them through   to investigate a Presidential   needlessly increase the cost of
        been seized upon to disparage   ignorant population  over one   an assortment of court and dis-  candidate in order to alter the   litigation.”  FRCP 11(b)(1).
        the legal profession and law-  where eveyone understands   ciplinary rules.       outcome of the Presidential   Attorneys must ensure that le-
        yers as crooked and overpriced.   their rights. In order for their   Obviously, there is no   election.  Elias also intentional-  gal arguments are “warranted
        Perhaps Stephen Miller, advi-  rebellion to succeeed  Dick is   truth to this assertion. The   ly sought to conceal the role of   by existing law or by a nonfriv-
        sor to President Trump on re-  suggesting that they must erad-  immigration bar and  lawyers   his client — failed Presidential   olous argument for extending,
        stricting immigration,  who may   icate the lawyers, the defenders   in Big Law doing immigration   candidate Hillary Clinton — in   modifying, or reversing exist-
        have had a hand in authoring   of justice, who stand in their   pro bono are ethical. Other-  the dossier.   ing law or for establishing new
        the memo, also understands   way. Lawyers are the last de-  wise, they would have been   The immigration system   law.”  FRCP 11(b)(2).  And
                                                                 sanctioned and disbarred   —  where  rampant  fraud  and   attorneys must ensure that
                                                                  by vigilant disciplinary   meritless claims have supplant-  their statements about facts are
                                                                  authorities.  Trump is en-  ed the constitutional and lawful   “reasonably based” on eviden-
                                                                  gaging in delirious fantasy.     bases upon which the President   tiary support, or a belief that
                                                                  Lawyers  must  stand  firm   exercises core powers under   such evidence actually exists.
                                                                  together notwithstanding   Article II of the United States   FRCP 11(b)(3)-(b)(4).  When
                                                                  this nonsensical bluster   Constitution — is likewise re-  these commands are violated,
                                                                  and continue to ethically   plete with examples of unscru-  opposing parties are autho-
                                                                  represent noncitizens in   pulous behavior by attorneys   rized to file a motion for sanc-
                                                                  asylum and other immi-  and law firms.  For instance, the   tions.  FRCP 11(c).  The text of
                                                                  gration  cases. If  lawyers   immigration bar, and powerful   the  rule  specifically  addresses
                                                                  fall and capitulate,  like   Big Law pro bono practices,   and provides for sanctions for
                                                                  Paul Weiss did, who will   frequently coach clients to con-  attorneys and their firms as well
                                                                  defend the defenders of   ceal their past or lie about their   as for recalcitrant parties given
                                                                  the Constitution?       circumstances when asserting   the solemn obligation that at-
                                                                      The entirety of this   their asylum claims, all in an   torneys have to respect the rule
                                                                  absurd  memo  that  at  first   attempt to circumvent immi-  of law and uphold our Nation’s
                                                                  brush seems like comical   gration policies enacted to pro-  legal system with integrity.  Fur-
                                                                  satire is real and repro-  tect our national security and   thermore, Rule 3.1 of the Mod-
                                                                  duced here:             deceive the immigration au-  el Rules of Professional Con-
                                                                     SUBJECT: Preventing   thorities and courts into grant-  duct provides that, “A lawyer
                                                                  Abuses of the Legal System   ing them undeserved relief.     shall not bring or defend a pro-
                     m of                                           and the Federal Court  Gathering the necessary infor-  ceeding, or assert or controvert
          CYRUS D. MEHTA & PARTNERS PLLC                              Lawyers  and  law   mation to refute these fraud-  an issue therein, unless there is
                                                                                                                     a basis in law and fact for doing
                                                                                          ulent claims imposes an enor-
                                                                  firms  that  engage  in  ac-
                                                                                             mous burden on the Federal   so  that  is  not  frivolous,  which
          
                          
  	                            
             tions that violate the laws   Government.    And  this  fraud   includes a good faith argument
                                                                  of the United States or
             	                                 
                            rules governing attorney   in turn undermines the integ-  for  an  extension,  modification
                                                   
             ­                    rity  of  our  immigration  laws   or reversal of existing law.”
               €   
              ‚                                                     conduct must be efficient-  and the legal profession more   Unfortunately, far too
                                                                  ly  and  effectively  held   broadly — to say nothing of the   many  attorneys  and  law  firms
                                                                  accountable.  Account-
                                                                  ability is especially im-  undeniable, tragic consequenc-  have long ignored these re-
                                                                  portant when misconduct   es of the resulting mass illegal   quirements when litigating
          2              6th Floor                                                        immigration, whether in terms   against the Federal Govern-
           
     
        	
     
         
                by  lawyers  and  law  firms   of heinous crimes against inno-  ment  or  in  pursuing baseless


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