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Kendall Coffey on i24News – New immigration Ban Might Fare Better in the Supreme Court than in the Appeals Court


Kendall Coffey joined i24News with David Shuster to discuss the latest challenge to the President’s immigration ban. For more information about Mr. Coffey, visit his attorney profile on Super Lawyers. David Shuster: Thanks for joining us. The judges who put a stop to the travel ban, they cited some of the public comments that President Trump has made. How far can the court go in taking those public comments into consideration? Kendall Coffey: Well, to a significant extent that seems to be what the challengers to this current ban are relying on. You’d have to look at the order itself within the four corners, and ask, “Does it say anything about anti- religious discrimination, or anything other than developing a system for improving national security?” It looks facially valid and neutral. But what the courts are looking at much more carefully than what you’ve seen perhaps in times past, is what was the actual intent of the decision makers? So, comments to the press, comments by even Rudy Giuliani are getting much more attention than what you might normally see, and it recalls from my friend Fred Menachem, who would always say, “If you lose badly in the court of public opinion, its hard to win anywhere else in government, and sometimes that includes in the courts.” DS: Does that continue, though? At a certain point if this gets kicked up to the Supreme Court, you’d think that they might take a little more high-minded look at the law than looking at public statements that the President or his press secretary have been making? KC: Well I think the Supreme Court might take a different view, because their concerned about the history of this country, and what is the long-term impact of rulings like this on the executive power and the President’s prerogative to protect national security. Like this executive order or not, federal courts don’t expect to have trials on whether something that the President does is a good idea or could have done better. So the issue is discrimination, it looks like the fourth circuit is seriously considering that this is a discriminatory executive order, we’ll see, but whatever happens with the circuits court, the mid-level appellate courts, looks like its going to the supreme court and Trump might do better...

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Kendall Coffey Breaks Down Comey Hearing on i24News – May 3rd, 2017


Kendall Coffey current Chair of the Southern District Conference, Florida Federal Judicial Nominating Commission, appeared on i24News to discuss the James Comey hearing with David Shuster. Learn more about Kendall Coffey at CoffeyBulington.com: http://www.coffeyburlington.com/attorneys/kendall-coffey/ David Shuster: I’m not sure that the FBI director or Wikileaks forced Hilary Clinton not to go to Wisconsin and some of the other key battle ground states that she lost, but what do you make of her explanation and her justification there that, you know what, “Comey went too far?” Kendall Coffey: I think you’re right; there were a lot of factors that would have contributed to it. As my friend Fred Menachem would say, in a close political election there are a million things you second-guess and a million things you coulda-woulda done differently. The Wikileaks problems had been significant, but the worse of that was already over, and I do think she started to move to a significant lead at the time of the Comey bombshell. History is never going to be able to tell us for sure that that was the ultimate game-changer. But I think that the verdict of history will be critical about an FBI director, in an election that close, breaking normal traditions of the Department of Justice and announcing an investigation that at the end of the day proved to be nothing. A week later, they stated, “well there’s nothing we found in these thousands of emails that changes anything.” But by then I think the election may have been recalibrated, and we’ll never know for sure, but we know who’s president...

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Kendall Coffey on the Lars Larson Show – January 24th, 2017


Kendall Coffey, former U.S. Attorney for the Southern District of Florida and co-founder of Miami law firm Coffey Burlington, joined the Lars Larson Show on January 24th, 2017 to discuss a lawsuit filed against President Trump to make his tax returns public. Follow Kendall Coffey on Twitter for additional updates and media appearances. Lars Larson: It’s a pleasure to welcome back to the program Kendall Coffey, former United States Attorney. Kendall, thanks for taking the time to talk. A lawsuit filed against our brand new president, Donald Trump, for ethics violations to force him to release his tax returns. What in the world is this all about? Kendall Coffey: Well, I’m just surprised they waited until Monday. I thought maybe 12:30 on Friday the lawsuits like this would begin. But I guess they wanted to give him the weekend. The theory of the lawsuit is that it is a violation of the Emoluments Clause of the United States Constitution to accept emoluments, whatever that means, which we’ll talk about momentarily, from a foreign government. President Trump has businesses around the world, and sometimes foreign governments or foreign diplomats rent some of his buildings or perhaps stay as guests in some of his hotels, [and] any money that comes to President Trump’s business…constitutes some kind of a emolument from a foreign government. I don’t really think it’s a sound case. But in a way, they’ve signaled what they really want to do, even though what they’re arguing is that it’s a violation of the Constitution, and President Trump’s businesses shouldn’t be having anything to do with any kind of foreign interests. What they’re saying at the same time is, in order to prove their case [they must] find out what money President Trump may have been receiving [that is] directly or indirectly attributable to a foreign source. They’ve got to look at his tax return. So it’s not actually a lawsuit to get the tax returns. But it’s part of the normal discovery or subpoena process. They say they’ve got to get that information. Now bottom line, I don’t think this lawsuit is going to be successful in terms of a court of law, but in the court of public opinion they’ve already got their message out once again. They’ve got a message that you know President Trump has connections to foreign businesses or governments, and more specifically, they’re beating the drums once again that he hasn’t disclosed his tax returns. So is this really a strong case in a court of law? I don’t think so. Did they get a couple of points or get a little bit of attention in the court of public opinion? Maybe; that’s really for you and your listeners to decide. LL: And we’ve talked about the emoluments clause a lot both before and after the election and before and after the inauguration. But let me kind of dive into this a little bit. And in fact I might even ask you to stay over if we’ve got calls on this. But you know first of all the Emoluments Clause–correct me if I’m wrong–does not make a distinction about the value of the emolument, does it? KC: It doesn’t, but it seems to contemplate some form of a gift. LL: So if President Obama got a...

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Florida’s Death Penalty Law


“Supreme Court got it right in rejecting Florida’s death penalty law. Ironically, because Florida did not  correct legal  defects in the law  years ago, previously  condemned inmates will now receive  life...

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Kendall Coffey | Accusations and Accountability


Famed Miami litigator, Kendall Coffey as published in the Daily Business Review “…[I]f a defendant’s motion to dismiss a complaint is replete with personal attacks, those attacks could not be “reasonably calculated” to advance dismissal because such dismissal motions are determined upon legality rather than personality.”   Read the whole article in the Daily Business...

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Kendall Coffey : Search-and-Seizure


“While not every search-and-seizure warrant results in a criminal prosecution, in a very significant number of cases, a search-and-seizure warrant eventually culminates in a prosecution. […] When FBI agents show up to execute a search warrant because probable cause has necessarily been found, there will be some people who are sleeping less at night.” Find the original story...

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Kendall Coffey: Obstruction Charges


Well, if they [the authorities] have evidence that anyone was intimidating a witness; we all know that is a crime. It’s a federal crime. And it comes up a lot. It’s one of the reasons attorneys tell clients, who are concerned about an investigation: “Don’t go talking to other witnesses. Don’t try to influence in one way or another because the Feds can charge that as a crime of obstruction and they often do.” …But any kind of obstruction investigation must center on identifying an individually guilty actor. So, it’s not enough to talk about an atmosphere, you have to talk about what a specific individual did or said to intimidate a witness. And without that there is nothing the Feds can do about it other than raise the public consciousness and put it in a report. From: Spinning the Law on the Steve Malzberg Show...

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Kendall Coffey: Attorney of the Month


“That [A vote challenge by Joe Carollo in the 1998 Miami mayoral election] was one of the few challenges to a major election that has ultimately succeeded in court and may be the last time that a fraud challenge has reversed an election result for the Southern District of Florida,” Kendall Coffey said. Find the article in Attorney At Law...

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Elliot Mintz and Public Opinion


Attorneys in 2015 are tasked with not only defending their clients in front of a judge and jury, but the public as well. As media consultant Elliot Mintz puts it, “We are living in a time when a lawyer is frequently called upon to make his case before the media as well as the jury,” because “public opinion has a longer shelf life than a verdict.” Read more about the contemporary challenges many lawyers face, applying spin to the court of public opinion, and more here....

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Kendall Coffey’s Unsolicited Advice to Law Students #2


Kendall Coffey’s unsolicited advise to law students: Rule Number Two- Be really nice to all your fellow law students. They are a network that is a lifelong network and hugely  important. Referrals, even employment may come from former classmates. Someday some will be judges, others will be elected officials, and most will be successful at something that really matters. And sometimes, one former classmate (hopefully not more) could be a future wife or husband. So share your notes and other help if asked- you are already sharing an unforgettable present and a fascinating...

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