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Bennett L. Gershman

Bennett L. Gershman

September 18, 2023 | New York Law Journal

The War on Prosecutors

Driven by the investigations and indictments of Donald Trump and his demagogic attacks against the judicial system as well as outrage against so-called "progressive prosecutors," a Law Journal columnist writes, GOP lawmakers have declared war on prosecutors to intimidate them and prevent them from exercising their professional duties.

By Bennett L. Gershman

6 minute read

September 05, 2023 | New York Law Journal

Post-Mortem on the Police Raid of a Kansas Newspaper

Although even big news stories tend to recede quickly from the public's consciousness, the account of this appalling police operation in August should not be forgotten, a Law Journal columnist writes.

By Bennett L. Gershman

7 minute read

August 25, 2023 | New York Law Journal

Constitutional Disqualification From the Presidency

Can an ex-president who swore to preserve, protect, and defend the Constitution and who thereafter betrayed that oath be allowed to hold that office again?

By Bennett L. Gershman

5 minute read

July 24, 2023 | New York Law Journal

Clarence Thomas's Misuse of History: Ask Amy Coney Barrett

U.S. Supreme Court Justice Clarence Thomas, who is an insatiable "Originalist" always eager to expound his historical version of constitutional adjudication, felt the need to invoke history to support his position on a criminal matter before the court. While Justice Amy Comey Barrett voted with her senior colleague, she "ridiculed Thomas for his misuse of history," a Law Journal columnist writes.

By Bennett L. Gershman

6 minute read

February 06, 2023 | New York Law Journal

Governor Hochul: To Be Tough on Crime, Get Rid of Bad Prosecutors

One thing is inescapably clear. Just as New York state's Judicial Conduct Commission dramatically reformed the way judges in New York state conduct themselves, the Prosecutor Conduct Commission will almost certainly produce the same positive result.

By Bennett L. Gershman

6 minute read

November 16, 2022 | New York Law Journal

Should These Justices Have Attended the Federalist Society Celebration?

Was it appropriate for these Supreme Court Justices to attend this extrajudicial social gathering, where they are praised for decisions that destroyed a woman's reproductive freedom and elevated gun rights to astonishing constitutional preeminence, especially when these Justices owe their membership on the Supreme Court and their reputations, at least in part, to the Federalist Society?

By Bennett L. Gershman

6 minute read

October 27, 2022 | New York Law Journal

Requiem for John Durham

With nothing to show for his investigation, Durham likely regrets agreeing to be Trump and Barr's "hatchet man."

By Bennett L. Gershman

6 minute read

October 04, 2022 | New York Law Journal

Pray To Play: The Supreme Court Crusade for American Theocracy

This is a new Court, a radical Court, a Court dominated by Justices doing radical things with the Constitution.

By Bennett L. Gershman

6 minute read

August 25, 2022 | New York Law Journal

Cruel Justice: Gratuitous Cruelty in Justice Thomas's Jurisprudence

"There is another quality in Justice Thomas's jurisprudence that needs to be noted, and which has not been sufficiently examined: the gratuitous cruelty in some of his opinions."

By Bennett L. Gershman

7 minute read

August 16, 2022 | New York Law Journal

May a Lawyer Purport To Speak the Truth Even When She Doesn't Actually 'Know' It?

To use lay terminology, does he or she know what they're talking about? Or may a lawyer simply make a bold declaration about facts without knowing whether they are true?

By Joel Cohen and Bennett L. Gershman

7 minute read