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Marc Fernich
New York City
Criminal Defense Lawyer, Law Professor, US Supreme Court Advocate
Interests: Music, sports, books, history, travel
Recent Activity
Let’s start by stating the obvious. The hysteria surrounding the now famous memo attributed to Jim Comey – reportedly recounting Pres. Trump’s asking him to quash a rumored FBI probe of Gen. Michael Flynn’s contacts with Russian Ambassador Sergey Kislyak – is just the latest iteration of a politically motivated... Continue reading
Posted May 17, 2017 at I Am the Law
Secretary Kerry says critics of the Iran deal offer no “realistic alternatives.” Here are just a few that immediately spring to mind. It took, oh, all of five minutes to think them up. 1. Support regime change in Iran by, for example, empowering the Green Movement. Obama had a golden... Continue reading
Posted Jul 15, 2015 at I Am the Law
Just wait until our Islamophile-in-Chief demands that Israel surrender swaths of the West Bank and the Golan Heights – with Hezbollah and Assad, proxies for a newly emboldened and soon-to-be-enriched Iran, sitting on its doorstep. That’s sure to be the next move in Obama’s quest to reshape the world to... Continue reading
Posted Jul 14, 2015 at I Am the Law
The Obama administration says Tehran is only posturing when its ostensibly moderate president takes to the streets with hordes of ordinary Iranians chanting “Down with America!” and “Death to Israel!” Actions speak louder than words, the administration insists. And in the event, the mullahs seem poised to accept what Obama... Continue reading
Posted Jul 13, 2015 at I Am the Law
Posted Mar 16, 2015 at I Am the Law
Last month -- Dec. 17 to be exact -- a group called the Institute of Jewish Humanities honored me as its Criminal Lawyer of the Year. That's not especially newsworthy. But the Palestinian Authority's failed bid for statehood, along pre-67 lines, at the UN? Its joining the International Criminal Court... Continue reading
Posted Jan 7, 2015 at I Am the Law
Among the silliest reviews of Bruce Springsteen's new High Hopes album -- and there are quite a few inane ones -- is Andrew Romano's "Bruce Springsteen Lowers the Bar" (The Daily Beast, Jan. 7). Like many who write about Springsteen, the author does almost as much bragging on himself and... Continue reading
Posted Jan 14, 2014 at I Am the Law
My brief take on some of the biggest cases of the upcoming Supreme Court term, prepared for an Al Jazeera America TV appearance: PENDING CASES McCutcheon v. FEC – Campaign Finance (Argument Date: 10/8/13) In 1976’s Buckley v. Valeo, the Court held that Congress can restrict the amounts of money... Continue reading
Posted Oct 8, 2013 at I Am the Law
Few American foreign relations crises have been as badly mishandled as President Obama's bungling of the situation in Syria. When it comes to the Middle East, Israel, with its superior security and intelligence capabilities, knows the reality on the ground better than anybody. It follows that America should have taken... Continue reading
Posted Sep 17, 2013 at I Am the Law
The revelation that the NSA is monitoring our electronic communications with oversight from the shadowy Foreign Intelligence court – ostensibly for national security purposes – should come as no shock. In post-9/11 America, it would be more surprising if the government eschewed this kind of surveillance. The real problem is... Continue reading
Posted Jun 12, 2013 at I Am the Law
In jailing “Innocence of Muslims” filmmaker Nakoula Basseley Nakoula for the ruse of a supervised release – or federal parole – violation, the U.S. government has lost its way. Sure, Nakoula probably violated his release terms by posting the controversial video on the Internet. I don’t doubt that for a... Continue reading
Posted Sep 28, 2012 at I Am the Law
Long time, no speak. We interrupt our regularly scheduled programming – these days involving a steady diet of brief-writing, which explains my recent blogging hiatus – to bring you another piece of shameless self-promotion. Sorry to be so crass, but it’s a necessary evil. For if I don’t tout my... Continue reading
Posted Aug 8, 2012 at I Am the Law
Some of you may be wondering why I took a potshot at poor Piers Morgan the other day in an entry about Antonin Scalia. Thanks for asking. What's that, you say? You didn't ask? No matter. One reader did -- apparently there are at least a few of you masochists... Continue reading
Posted Jul 20, 2012 at I Am the Law
I don’t usually plug my own cases, but this one’s an exception. New York’s top court, the Court of Appeals in Albany, has agreed to hear an appeal from a client of mine named Paul Cortez. That’s the state equivalent of the U.S. Supreme Court. And like its federal counterpart,... Continue reading
Posted Jul 20, 2012 at I Am the Law
The crusading world-savers at the ACLU are at it again, suing a swarm of government officials -- including Leon Panetta and David Petraeus -- on behalf of the relatives of a dead Arab terrorist. The terrorist, Anwar al-Awlaki, was killed last year by a drone strike in Yemen. Panetta deserves... Continue reading
Posted Jul 19, 2012 at I Am the Law
Antonin Scalia made a rare TV appearance last night, agreeing to an interview with CNN's insufferable Piers Morgan. (Morgan's a pompous blowhard and a shameless self-promoter, but that's another story.) Scalia, by contrast, is a genius in the true sense of that overused word. He's the preeminent legal thinker of... Continue reading
Posted Jul 19, 2012 at I Am the Law
After months of investigation, former FBI director Louis Freeh has released his long-awaited report on the Penn State sex abuse scandal. The report concludes that top university officials, including legendary football coach Joe Paterno, knew for years that Jerry Sandusky was molesting children and could have put a stop to... Continue reading
Posted Jul 12, 2012 at I Am the Law
“How can you represent those people?” It’s the question criminal defense lawyers most commonly hear from strangers. Speaking only for myself -- not the defense bar at large -- I thought I’d hazard some answers. But first a caveat. The question presupposes that the defense bar is monolithic. It thus... Continue reading
Posted Jul 10, 2012 at I Am the Law
Harley Flanagan. A punk rock fixture since the early 1980s, when he burst on the scene at age 12 as the drummer for the Stimulators. The man is a certified sociopath. His name embodies everything that made New York hardcore unbearable for anyone with half a brain. Cro-Mags? “Neanderthals” would... Continue reading
Posted Jul 7, 2012 at I Am the Law
The Mets yesterday coughed up another game they should’ve won. This time the beneficiaries were the reeling Philadelphia Phillies, a team sucking fumes. That’s risky business, as Ron Darling noted on SNY’s pregame show. The last thing you want is to toss a fading team a lifeline – especially a... Continue reading
Posted Jul 5, 2012 at I Am the Law
Chris Christie, New Jersey’s brash and outspoken governor, was at it again over the weekend, asking if a reporter was "stupid" and calling him an "idiot" for daring to pose what His Highness considered an off-topic question at a press conference. Though it hardly seems possible, this kind of trash... Continue reading
Posted Jul 3, 2012 at I Am the Law
I hate to say I told you so, but I did. Sort of. Not to pat myself on the back, but I was one of the few to publicly predict the Supreme Court would sustain the President’s signature health care legislation and its centerpiece, the so-called "individual mandate." In an... Continue reading
Posted Jun 29, 2012 at I Am the Law
Newt Gingrich has some funny ideas about judicial independence. But he hit the nail on the head when he called the Palestinians an “invented people” – even if he caught hell for it from outraged Arab apologists. Problem is, Gingrich didn’t go far enough. Let me explain. I don’t put... Continue reading
Posted Jun 27, 2012 at I Am the Law
In an entry posted Mon., I wrote that the Supreme Court’s ringing endorsement of federal power in the Ariz. immigration case may point to a similar result in tomorrow’s expected health care ruling. Broadly speaking, the same basic issues are in play in both cases – namely, the inherent tension... Continue reading
Posted Jun 27, 2012 at I Am the Law
So Greta Van Sustern and some Republican senators have their panties all bunched up because the Ninth Circuit bench and bar are holding a fancy conference in Maui on the public dime. When I say “Ninth Circuit bench and bar,” I mean federal court judges, employees, practitioners and their families... Continue reading
Posted Jun 27, 2012 at I Am the Law