Warren: Ethical Controversy for Another New England Democrat Candidate
Retired Providence Journal political columnist M. Charles Bakst has offered, via Ted Nesi’s Saturday column, a cute analysis of how both Scott Brown and Elizabeth Warren could wind up in the U.S. Senate next session.
While RI’s mainstream press ponders hypotheticals about the Senate race next door, Rhode Island blogger and Cornell law professor William Jacobson has been investigating whether Warren has been practicing law illegally in that state:
As detailed below, there are at least two provisions of Massachusetts law Warren may have violated. First, on a regular and continuing basis she used her Cambridge office for the practice of law without being licensed in Massachusetts. Second, in addition to operating an office for the practice of law without being licensed in Massachusetts, Warren actually practiced law in Massachusetts without being licensed.
Monique has mentioned that post already, here, receiving the biggest “if” in Jacobson’s analysis, as articulated by Joe Bernstein in the comments: “If Warren only practiced in Federal court, a MA license wasn’t required as long as she was licensed somewhere at the time.”
In his post, Jacobson details what information is available about Warren’s licensure, in Texas and New Jersey. Oddly, she resigned her New Jersey license on September 11 of this year, which, Jacobson says, “made it more difficult for the public to determine her pre-resignation status.”
Since then, Jacobson has continued to argue that the objections are irrelevant to the law and, in any event, “Warren did represent a Massachusetts client in Massachusetts on a Massachusetts legal issue.” With that, the peer-review process of the blogosphere has been operating, and Jacobson passes along a concession by a skeptic that the facts look “really, really bad for Professor Warren.”
Indeed, they do. This election cycle, though, things that look really, really bad for Democrat candidates in national races have had a way of slipping through the media cracks.