Thoughts for the Day, March 24, 2025: Transparency is not a Priority and a Friday Night Memo

Transparency: “It’s not a priority”

From Detroit News Editorial. Both the governor and legislative leaders, including Republican Speaker of the House, Matt Hall, have at times expressed support for stretching FOIA across all of state government. It's also popular with voters, who in 2022 passed a ballot measure that was intended to end the secrecy in Lansing.

Hall has submitted an ethics and transparency plan that could work to lift Michigan off the bottom of state good government rankings, if it weren't missing one essential reform.

Hall has left expansion of the Freedom of Information Act (FOIA) out of his Hall Ethics and Transparency Plan, or HEAT. Not surprisingly, that's the reform that would most impact him and his fellow lawmakers.

Michigan has among the weakest laws guaranteeing the public access to public information. Its most glaring flaw is that it doesn't cover the governor or members of the Legislature, allowing them considerable room to do the people's business in the dark.

But the Legislature and governor continue to find excuses for not getting it done.

It likely won't move in this legislative session either, if Hall's remarks during an editorial board meeting with The Detroit News are an indication. When asked if FOIA reform was on his to-do list, Hall responded:

"It's not a priority."

It is a priority for the citizens of Michigan. I just wish our legislators and governor would understand this.

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Speak up and speak out: The Friday Night Memo from President Trump

On the night of Friday March 21, President Trump issued a memo to AG Bondi which she can use to intimidate and bully law firms who take exception to President Trump’s policy or who represent clients suing against President Trump’s policies.

President Trump issued the order after a tumultuous week for the American legal community in which one of the country’s premier firms, Paul, Weiss, Rifkind, Wharton & Garrison, struck a $40 million deal with the White House to spare the company from a punitive decree issued by Mr. Trump the previous week. This settlement sent shock waves through the legal community.

This memo is laughable if it wasn’t so scary, especially, coming from the person who created the “Big Lie” and whose associates filed 63 lawsuits disputing the results of the 2020 presidential election, 62 of the lawsuits had judges from all over the country rule against the president. The impact of this memo could be catastrophic for our democracy if law firms become hesitant to file lawsuits against the Musk/Trump presidency as Musk and Trump continue to attack our democracy.

Here are excerpts from the memo.

Lawyers and law firms that engage in actions that violate the laws of the United States or rules governing attorney conduct must be efficiently and effectively held accountable. Accountability is especially important when misconduct by lawyers and law firms threatens our national security, homeland security, public safety, or election integrity….

Federal Rule of Civil Procedure 11 prohibits attorneys from engaging in certain unethical conduct in Federal courts. Attorneys must not present legal filings “for improper purpose[s],” including “to harass, cause unnecessary delay, or needlessly increase the cost of litigation.” FRCP 11(b)(1). Attorneys must ensure that legal arguments are “warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law.” FRCP 11(b)(2). And attorneys must ensure that their statements about facts are “reasonably based” on evidentiary support, or a belief that such evidence actually exists. FRCP 11(b)(3)-(b)(4). When these commands are violated, opposing parties are authorized to file a motion for sanctions. FRCP 11(c). The text of the rule specifically addresses and provides for sanctions for attorneys and their firms as well as for recalcitrant parties given the solemn obligation that attorneys have to respect the rule of law and uphold our Nation’s legal system with integrity. Furthermore, Rule 3.1 of the Model Rules of Professional Conduct provides that, “A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law.”

Unfortunately, far too many attorneys and law firms have long ignored these requirements when litigating against the Federal Government or in pursuing baseless partisan attacks. To address these concerns, I hereby direct the Attorney General to seek sanctions against attorneys and law firms who engage in frivolous, unreasonable, and vexatious litigation against the United States or in matters before executive departments and agencies of the United States.

I further direct the Attorney General and the Secretary of Homeland Security to prioritize enforcement of their respective regulations governing attorney conduct and discipline. See, e.g., 8 C.F.R. 292.1 et seq.; 8 C.F.R. 1003.101 et seq.; 8 C.F.R. 1292.19.

I further direct the Attorney General to take all appropriate action to refer for disciplinary action any attorney whose conduct in Federal court or before any component of the Federal Government appears to violate professional conduct rules, including rules governing meritorious claims and contentions, and particularly in cases that implicate national security, homeland security, public safety, or election integrity… including imputing the ethical misconduct of junior attorneys to partners or the law firm when appropriate.

I further direct that, when the Attorney General determines that conduct by an attorney or law firm in litigation against the Federal Government warrants seeking sanctions or other disciplinary action…. including reassessment of security clearances held by the attorney or termination of any Federal contract for which the relevant attorney or law firm has been hired to perform services.

I further direct the Attorney General…. to review conduct by attorneys or their law firms in litigation against the Federal Government over the last 8 years. If the Attorney General identifies misconduct that may warrant additional action… the Attorney General is directed to recommend to the President…termination of any contract for which the relevant attorney or law firm has been hired to perform services, or any other appropriate actions.

Law firms and individual attorneys have a great power, and obligation, to serve the rule of law, justice, and order. The Attorney General, alongside the Counsel to the President, shall report to the President periodically on improvements by firms to capture this hopeful vision.

Quote of the Day: “The courts may be in a good position to stand up for the rule of law—to tell us what our rights are; to identify what the limits are on the executive branch’s actions; and, where necessary, to call out government lawyers for their misbehavior. But the rule of law is just the skeletal frame of our constitutional system. Until and unless there’s at least some assertion of institutional prerogatives on the part of Congress, I’m afraid that things are going to get worse.” Steve Vladeck on “Five Questions With: from Joyce Vance’s Civil Discourse.”

Please call your members of Congress today. The U.S. Capitol switchboard is 202-224-3121. Tell the operator where you’re from and the operator will connect you to your representatives and senators. I tested this out today. It is very simple. They will ask for the congress member you want to contact. They will then switch you to that office

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Geore Foreman

Olympic gold medalist, heavy weight champion of the world, inventor of the George Foreman Grill, and longtime product spokesperson for whoever would pay him, died on Friday at the age of 76

Who can forget his waiving of the American Flag as he walked around the ring after winning the gold medal at the Mexico Olympics. He beat Joe Frazier in Jamaica to capture his first heavyweight championship as a professional in 1973. The fight, dominated by Foreman, is well known for Howard Cosell's legendary call: "Down goes Frazier!"

He then fought Muhammad Ali in 1974, a bout famously dubbed "The Rumble in the Jungle." Foreman suffered the first loss of his career as a heavy favorite in Zaire, dropping the title to Ali via eighth-round knockout, after Ali used the famous “rope a dope” strategy to get Foreman to pound Ali continuously for seven rounds as Ali cleverly leaned against the ropes and protected himself by using his arms to take the brunt of Foreman’s blows. The fight was one of the most-watched televised events in history at the time.

See my Video of the Day of Foreman’s knockout of Joe Frazier.

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March Madness

Less than 24 hours after winning their respective conference tournaments on double overtime winners, Michigan State (26-6-4) and Western Michigan (30-7-1) are both No. 1 seeds in the 2025 NCAA men’s ice hockey tournament.

The U of M and MSU men’s and women’s basketball teams won their first round NCAA tournament games. Unfortunately, both women’s teams were defeated in the round of 32. Both men’s teams advanced to the sweet sixteen. If U of M and MSU men’s teams win their sweet sixteen games, they will square off for the regional championship and a place in the final four. Each has tough hurdles to overcome in their sweet sixteen games. Michigan’s task is especially hard as it takes on overall number one seed Auburn. It will be an interesting week of preparation for U of M’s point guard Tre Donaldson, because he was a member of Auburn’s team last season.

There are no Cinderellas in the remaining sixteen teams of the NCAA men’s tournament as all sixteen teams are from the Power Four Conferences. The SEC has a record seven teams. The Big 10 and Big 12 each have four teams, and the ACC one team.

Six subscribers signed up for the $100 charity challenge for the NCAA men’s basketball tournament challenge. After two rounds Richard Kerns is leading with a score of 510 points out of a possible 640.

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Quote of the Day: See above

Second Quote of the Day: “We’ve never seen a president so comprehensively attempt to arrogate and consolidate so much of the other branches’ power, let alone to do so in the first two months of his presidency,” said Stephen Vladeck, a professor at Georgetown University Law Center

Orchid of the Day: The Spartans’ and Wolverines’ men’s basketball teams for advancing to the sweet sixteen in the NCAA basketball tournament.

Onion of the Day: Matt Weiss the former offensive coordinator for the University of Michigan football program was accused of illegally accessing intimate images and videos from thousands of college athletes was arraigned in Detroit's federal court

Lyrics of the Day: I looked out this morning and the sun was gone.
Turned on some music to start my day. I lost myself in a familiar song. I closed my eyes, and I slipped away

If you think you know the answer, send me your answer in the comments section of the blog.

Answer to Lyrics of the Day for March 20, 2025: Another Brick in the Wall by Pink Floyd.

Question of the Day: Where does George Foreman rank as one of the greatest heavyweights of all time?

Video of the Day:

George Foreman vs. Joe Frazier 1 [FULL FIGHT] | ESPN Throwback

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