A blast email from NYLJ seems to “stretch” for an anti-Trump angle: “Man accused of pretending to be a lawyer turns out to be a founder of a pro-Trump campus group.”  There is no connection between this individual, or conduct he's accused of and Donald Trump, except apparently at one point (in college) he was pro-Trump in his politics.

By contrast, a recent NYLJ article about Greg Craig “buries the lede.” Former Obama Counsel Mr. Craig was charged with being an undisclosed agent for Ukraine. That is, Mr. Craig was charged with what essentially led the media to characterize Paul Manafort as a “Russian agent.” The NYLJ headline described him (only) as “Former Skadden Partner”–as though that were the newsworthy association.  If Mr. Craig were counsel to Donald Trump, is there any doubt the NYLJ would have led with “Trump Counsel Charged With Lying About Ukraine?”

These are only two examples of a bias that I think takes the politics and sensibilities of too many NY lawyers for granted.  But more dangerously, this type of political “blind spot” can lead to publications such as NYLJ to fail to report (or take on in editorials) what should be discussed.   Our New York Attorney General Letitia James was quoted shortly before taking office “We will use every area of the law to investigate President Trump and his business transactions and that of his family as well.”

If you “hate Trump” this may make you smile for a moment.  But as lawyers are we okay with our chief law enforcement officer threatening to use state prosecution to selectively “investigate” her political enemies?   Our colleagues in white-collar criminal defense could attest that “the process is punishment” in wide-ranging investigations. That is, not only  “the guilty” should have something to fear if called out for selective, or excessive “investigation” by the chief law enforcement authority of the state.

The silence of the NYLJ on that pronouncement was deafening.  In my opinion it deserved a full-throated condemnation by the NYLJ editorial board, and by any publication purporting to be serious about the law and equal application of the law.

I find it ironic that while we're increasingly made aware of the dangers of “implicit bias” in matters of sex and race, the NYLJ and too many of our colleagues seem to embrace a type of “bash Trump” bias in almost everything they do.  I think the NYLJ can do better than this.

Laurence Deutsch is a name partner at North & Deutsch. The views expressed in this letter are personal and do not represent the firm.