Sisters Sidebar: Legal Q&A on Protests, Prosecutions, and Ethics

Listener Questions and Legal Insights

• 💡 Sisters Sidebar launches as a new show where Barb McQuade and Kimberly Atkins Stohr answer listener questions in-depth, expanding on the main #SistersInLaw podcast.
• 🗣️ Listeners are encouraged to submit questions via email or voice memo to [email protected], with voice memos potentially being played on the show.

First Amendment Rights and Protests

• 📣 The First Amendment broadly protects the right to protest, including actions like blowing whistles or alerting neighbors to the presence of ICE, as long as it doesn't interfere with official duties.
• ⚠️ While protected, individuals should be mindful of local noise ordinances and prioritize personal safety during protests.
• ⚖️ The First Amendment serves as a defense if charged with a crime or a means to vindicate rights later if constitutional rights are violated.

Federal vs. State Prosecutions

• 🏛️ State criminal prosecutions against federal officers can be removed to federal court under 28 USC section 1442, though state law and prosecutors typically still handle the case.
• 🛡️ Federal agents have immunity if they can show they were acting within the scope of their duties, which is a question that can be litigated.
• 📍 The removal to federal court is primarily a change of venue, not necessarily control by the Department of Justice.

Attorney Ethics and Disbarment

• ⚖️ Attorneys can face disbarment for misconduct, though it is rare and typically reserved for severe offenses like stealing client money.
• 🚫 A judge's strong rebuke, like disqualifying an attorney for outrageous claims, can serve as evidence in disciplinary actions.
• 🏛️ US Attorneys are expected to act independently from partisan politics to maintain public trust.

Recourse Against Congress and Career Paths

• 🗳️ Members of Congress are protected by legislative privilege for actions related to their work, with recourse for voters being through elections rather than lawsuits.
• 🌟 Barb McQuade was inspired to pursue law by Watergate, aiming to hold powerful individuals accountable.
• 📰 Kimberly Atkins Stohr initially aspired to be a journalist, inspired by Watergate, but became a lawyer, later switching to journalism, and now hosts podcasts.