Legal Briefs on October 17, 2018

Here is the linkto the show Legal Briefs if you didn’t get a chance to hear it.

Question: Federal judge threw out Stormy Daniels defamation suit against President Trump. Now there’s going to be an appeal by attorney Michael Avenatti as to what happened here and how this ruling came down. What are your thoughts on that?
Answer:The judge most likely found the statements hyperbole. In other words, the comments bolster credibility for political pull. This is a publicity stunt and she is making money from it.
Question: Do you think Avenatti’s appeal will not prevail?
Answer: It depends on which judge will have to rule. An appeal can have political ramifications and decisions are sometimes based on party lines.
Question: Florida Supreme Court which has notoriously tilted liberal, has now three of the justices that are going to have to leave because they’ve exceeded the maximum age allowed. Governor Rick Scott is running for the Senate and is not going to make the call and put in conservative justices upon his departure. It is critically important how this race comes out between Gillum and DeSantis. What are your thoughts on the way this judge has ruled about who gets to put in the next Supreme Court justices in Florida?
Answer: Florida system of appointing Supreme Court justices is seriously lacking. Basically, the governor gets to choose the person, no matter how unqualified they are. People buy their way into the Supreme Court through political favor.
Question: I would be inclined to want anybody that Rick Scott would put versus his successor’s governor. If it were an ultra-liberal like Andrew Gillum, who is ahead in the polls over DeSantis. If Gillum gets to appoint him, the Florida Supreme Court is going to tilt even further to the left. Therefore, this governor’s race is so important. DeSantis would be inclined to appoint if not the same justices those who are of similar conservative philosophy that you would expect from Rick Scott. What are your thoughts?
Answer: I want a judge in there who will follow the rule of law. I don’t want them to go with their emotions. I want them to choose based on the laws that exists.
Question: How should the system in Florida be changed? You say the way we put in Florida Supreme Court justices is among the worse systems of the country. How would you change it?
Answer: I think you should have a public hearing. The public has the right to know the type of person who would be making legal decisions.

Legal Briefs with Kaufman & Lynd: September 22, 2018
Legal Briefs with Kaufman & Lynd: August 29, 2018
Legal Briefs with Kaufman & Lynd: August 22, 2018
Legal Briefs with Kaufman & Lynd: August 15, 2018

Jeffrey Kaufman can be found on Justia Lawyers and HG.org

For more information please visit: Whenyouneedus.com