The strategy of bogus information has been distorted — maybe past recognition by FPOTUS Donald Trump. But in this case we aren’t talking about journalism that proper wing die hards dislike, but a made-up fabricated news source.
Lawyer Edward C. Chung of Chung Malhas & Mantel PLLC, representing the heirs of a Saudi sheikh in an arbitration enforcement action in opposition to Chevron, is alleged to have penned an report attributed to a fictitious news outlet, the “Saudi Solar,” and tried using to post it to a federal court docket as proof.
The arbitration enforcement motion was ultimately dismissed by the Ninth Circuit, but just before that Chung required to file the disputed posting on the docket “for demonstrative applications,” expressing it supplied “an instructive summary of factual and procedural events” relevant to the arbitration. Chevron’s contested the validity of the arbitration, calling it a “sham” and the situation a “fraud” pointing to felony convictions for individuals concerned in the arbitration.
Ninth Circuit Senior Judge A. Wallace Tashima was appointed a special learn to decide the authenticity of the write-up, as Chung is facing likely sanctions. And if all that wasn’t sufficient, Chung failed to exhibit up to a hearing in the case, scheduled for last Friday.
As claimed by Law360:
Chung had told the court in a letter filed late Thursday that he would be boycotting the listening to, citing specialist ethics procedures stating that a law firm may perhaps refuse to comply with “an obligation imposed by regulation on a good religion belief that no legitimate obligation exists.”
But that justification did not appear to have significantly bodyweight with Judge Tashima, who stated he “wasn’t guaranteed why” Chung was not showing up.
“One reason he gave is that he wasn’t subpoenaed, but of program, he’s counsel of document, and I believe that by yourself would involve his presence, specifically due to the fact he agreed to this hearing date,” the judge stated. “I will search into whether, in my see, which is in direct contempt or not … but it appears to me a woeful failure to comply with an buy of the court docket.”
So to recap: Chung is dealing with attainable sanction about the allegedly fabricated proof and the judge is searching at possible contempt costs. But Chevron’s lawyers at Gibson Dunn also pointed to allegations Chung’s made about Choose Tashima and Ninth Circuit Choose Eric Miller (who sat on the panel that rejected the arbitration enforcement claim) asking the courtroom to refer Chung for self-discipline before the Ninth Circuit, prior to his property bar of Washington condition, or the two:
“Truly, I’m aghast at the issues that Mr. Chung has mentioned about you, about the judges of this court docket. He’s even dragged in the names of youthful law clerks whose names now look in pleadings accusing them of misconduct he’s created accusations that [U.S. Circuit Judge Eric D.] Miller approved bribes or favors — I signify, it’s certainly outrageous,” said Gibson Dunn & Crutcher LLP husband or wife Anne Champion.
Chung has not commented on the newest growth.
Kathryn Rubino is a Senior Editor at Previously mentioned the Regulation, host of The Jabot podcast, and co-host of Wondering Like A Law firm. AtL tipsters are the very best, so remember to join with her. Experience totally free to e mail her with any tips, issues, or remarks and adhere to her on Twitter (@Kathryn1).