The politics of land: introducing an important new collection


Such
livelihoods
are
intimately
bound
up
with
nature,
and
the
complex
and
diverse
ecosystems
that
thrive
on
land.
Land
creates
a
sense
of
identity
refracted
through
gender,
race,
class
and
other
axes
of
difference. 
Through
diverse
institutions
and
forms
of
authority,
land
connects
citizens
and
states,
corporations
and
capital,
and
is
the
locus
of
accumulation,
extraction
and
control.
Access
to
land
is
thus
contested,
negotiated
and
claimed
through
multiple,
competing
actors,
linked
to
a
myriad
of
struggles.
Land,
in
other
words,
connects
us
all
through
its
politics.

This
is
why
the
newly-published Oxford
Handbook
of
Land
Politics
 is
so
important.
Across
38
chapters
and
a
mammoth
880
pages,
written
by
a
veritable
who’s
who
of
the
broad
field
of
critical
agrarian
studies,
the
book
offers
an
invaluable
guide
to
these
debates,
with
a
stellar overview
and
introduction
 from
its
editors,
Jun
Borras
and
Jenny
Franco.
What
follows
are
some
reflections
taken
from
the Foreword that
I
wrote.

At
the
end
of
the
Foreword,
I
ask,
what
are
the
new
axes
of
debate,
transforming
our
understandings
of
agrarian
change
and
politics
of
land
offered
in
the
pages
of
the
Handbook?
There
are
many,
but
I
highlight
just
four.

  • First
    is
    the
    move
    from
    seeing
    land
    as
    only
    a
    site
    of
    production
    and
    so
    accumulation,
    but
    also
    social
    reproduction,
    and
    the
    locus
    of
    highly
    gendered
    social
    and
    cultural
    relations.
    This
    suggests
    a
    much
    more
    diverse
    land
    politics
    going
    beyond
    class
    to
    gender,
    race,
    identity
    and
    so
    on.
    It
    in
    turn
    suggests
    a
    renewed
    focus
    on
    labour,
    with
    complex
    livelihoods
    generated
    from
    multiple
    sources
    beyond
    the
    fixed
    plot
    of
    land,
    through
    migration,
    trade
    and
    so
    on.
    The
    classic
    categories
    of
    land-based
    classes
    centred
    only
    on
    production
    are
    thus
    unsettled
    as
    new
    forms
    of
    livelihood
    are
    created.
    As
    a
    result,
    the
    dynamics
    of
    differentiation
    and
    accumulation
    shifts,
    with
    land
    politics
    changing
    as
    a
    wider
    appreciation
    emerges
    of
    Henry
    Bernstein’s
    classic
    questions
    of
    agrarian
    political
    economy

    who
    owns
    what,
    who
    does
    what,
    who
    gets
    what
    and
    what
    they
    do
    with
    it?
  • Second,
    the
    centring
    of
    nature,
    environment
    and
    climate
    in
    relation
    to
    land
    is
    a
    theme
    that
    resonates
    across
    many
    chapters.
    Humans
    and
    nature
    (and
    so
    land)
    are
    inseparable
    yet
    have
    often
    become
    disconnected
    by
    the
    forces
    of
    capitalist
    modernity.
    The
    importance
    of
    reconnecting
    is
    central,
    requiring
    a
    new
    political
    ecology/economy
    of
    land.
    This
    has
    deep
    implications
    for
    how
    we
    see
    land;
    again
    not
    just
    as
    a
    demarcated
    plot,
    but
    as
    part
    of
    a
    wider
    living
    landscape
    and
    territory,
    within
    a
    broader
    planetary
    system.
    This
    in
    turn
    highlights
    the
    crucial
    connection
    between
    land
    and
    the
    climate
    crisis.
    Changing
    land
    use,
    whether
    through
    deforestation,
    intensive
    agriculture
    and
    extraction
    of
    water
    or
    minerals
    is
    a
    major
    contributor
    to
    climate
    change.
    As
    the
    regimes
    of
    extraction
    evolve
    under
    new
    frontiers
    of
    capitalism,
    land
    is
    central.
    Such
    regimes
    of
    food,
    water
    and
    energy
    are
    constituted
    through
    a
    contested
    politics
    and,
    as
    the
    imperative
    to
    switch
    from
    fossil
    fuel
    dependence
    and
    intensive,
    polluting
    systems
    of
    agriculture
    accelerates,
    new
    challenges
    emerge.
    In
    the
    rush
    to
    ‘net
    zero’,
    for
    example,
    alternative
    energy,
    climate
    adaptation
    and
    nature-based
    ‘solutions’
    are
    offered,
    yet
    all
    these
    have
    implications
    for
    who
    controls
    the
    land,
    with
    land
    grabs
    increasingly
    justified
    in
    the
    name
    of
    green
    and
    climate
    ‘transitions’,
    which
    in
    turn
    create
    new
    land-based
    politics
    across
    the
    world.
  • Third,
    many
    chapters
    argue
    for
    going
    beyond
    a
    narrow,
    individualised
    approach
    to
    land
    rights,
    tenure
    security
    and
    land
    governance.
    This
    managerial,
    administrative
    and
    technocratic
    frame
    dominates
    policy
    thinking
    but
    is
    incompatible
    with
    the
    realities
    on
    the
    ground.
    As
    the
    introduction
    points
    out,
    such
    efforts
    to
    provide
    ‘security’
    for
    women,
    Indigenous
    peoples
    and
    others
    can
    paradoxically
    lead
    to
    opportunities
    for
    dispossession,
    as
    speculation,
    appropriation
    and
    extraction
    increase
    in
    areas
    where
    ‘regularisation’
    has
    generated
    legibility
    through
    demarcation
    and
    delimitation.
    Instead,
    there
    is
    a
    need
    to
    think
    about
    land
    as
    constituted
    through
    hybrid,
    mosaic
    forms
    of
    property
    relation,
    with
    property-making
    as
    a
    continuous,
    contested
    and
    negotiated
    process.
    Land
    is
    always
    embedded
    in
    power
    relations
    and
    so
    thinking
    about
    how
    authority
    over
    land
    is
    generated

    through
    interactions
    between
    citizens,
    states,
    corporations
    and
    other
    actors

    can
    help
    us
    elaborate
    more
    appropriate
    democratic
    institutions
    for
    land
    control
    and
    a
    more
    innovative,
    grounded
    approach
    to
    ‘land
    governance’.
  • Finally,
    the
    Handbook
    points
    to
    the
    importance
    of
    understanding
    land
    as
    a
    ‘regime’,
    situated
    in
    a
    wider
    historical
    political
    economy
    context.
    As
    the
    introduction
    highlights,
    a
    land
    regime

    just
    as
    a
    food
    regime

    is
    stabilised,
    perhaps
    only
    tentatively
    and
    temporarily,
    by
    a
    set
    of
    political-economic
    forces
    that
    operate
    within
    a
    particular
    phase
    of
    capitalism.
    But
    regimes
    change
    due
    to
    the
    intersection
    of
    local
    struggles
    and
    wider
    political
    forces
    and
    interests.
    Today
    these
    are
    influenced
    by
    new
    frontiers
    of
    extraction
    and
    accumulation,
    linked
    to
    globalised
    economic
    relations,
    changing
    food
    systems
    and
    heightening
    climate-environment
    imperatives.
    Meanwhile,
    authoritarian,
    populist
    regimes
    define
    the
    nation
    in
    terms
    of
    the
    relationship
    between
    ‘the
    people’
    and
    their
    mother/fatherland,
    always
    in
    ways
    that
    act
    to
    exclude
    some,
    while
    incorporating
    others
    in
    a
    populist
    politics
    of
    land
    and
    belonging.
    Until
    we
    understand
    this
    wider
    historically
    situated,
    structural
    context,
    the
    attempts
    to
    address
    the
    pressing
    challenges
    of
    land
    and
    its
    use
    at
    more
    local
    levels

    whether
    through
    moves
    to
    agroecology
    or
    food
    sovereignty,
    for
    example

    will
    remain
    elusive.

A
great
new
under
2
minute
video
animating
the
one
of
Filipino
artist-activist
Boy
Dominguez’s
now
world-famous
paintings
illustrates
the
themes
well.

The
Handbook
is
a
rich,
diverse
and
deeply
informed
collection,
mixing
theoretical
perspectives
and
grounded
reflections.
By
going
beyond
a
narrow
Marxist
canon
to
encompass
a
wide
array
of
perspectives,
no
particular
line
is
taken.
The
introduction
encourages
readers
to
find
their
own
way,
to
read
across
conceptual
framings
and
reflect
on
different
dimensions

in
other
words
to
generate
a
critical
sensibility
to
agrarian
studies
and
land
politics.

For
any
student
of
land,
or
indeed
politics
more
generally,
as
well
as
activists
and
practitioners
grappling
with
the
challenges
of
land
politics,
this
Handbook
is
an
enormously
valuable
and
vital
resource.
These
themes
will
be
central
to
the
discussions
kicking
off
tomorrow
at
the Land,
Life
and
Society
conference
in
Cape
Town
.
The
Handbook
will
be
a
great
resource
for
any
attendee
and
many
more.
Get
your
libraries
to
buy
a
copy!


Links:

The Handbook (30%
discount, https://fdslive.oup.com/www.oup.com/academic/pdf/authors/promotion/9780197618646-discount.pdf)


The
Introduction
 (Borras
and
Franco

open
access)

The
full Foreword (Scoones

open
access)

Post
published
in:

Agriculture

Capitulating To Trump Seems To Be A Sore Subject For Lawyers At Firms That Capitulated To Trump – Above the Law

It’s
been
a
little
over
six
months
since
Donald
Trump
fired
off

a
retaliatory
executive
order

threatening
to
shut
down
Paul
Weiss’s
ability
to
do
business
as
a
global
law
firm,
which
the
firm

immediately
followed
with
sycophantic
groveling
.
Paul
Weiss
offered
the
administration
$40
million
in
free
legal
services

ostensibly
for
conservative-friendly
charities

but
we’ve

since
learned

that
they’ve
taken
on
a
role
papering
up
work
for
the
Commerce
Department

in
a
questionably
legal
arrangement
.

But
the
firm’s
role
as
the
White
House’s
Groom
of
the
Stool
hasn’t
sat
well
with
everyone.
And
while
some
departed
to

less
compromised
shores
,
others
have
just
hoped
we’d
all
stop
talking
about
it.

Over
the
weekend,
an
account
explicitly
named
after
Paul
Weiss
and
the
other
firms
who
signed
onto
cowardly
deals
with
the
administration
to
avoid
plainly
illegal
retaliation,
engaged
with
a
prominent
Paul
Weiss
partner
and
got
immediately
blocked.

No
one
should
expect
a
partner
to
publicly
throw
the
firm
under
the
bus.
At
least
not
until
they’ve
sketched
out
an
escape
plan.
But
just
ignoring
a
critic
reply
is
free!
Instead,
we’ve
got
a

Streisand
Effect


an
example
of
the
reaction
creating
more
of
a
story
than
the
original
event.
We
almost
certainly
would
never
have
heard
about
it
again
if
he’d
just
ignored
the
hashtag.

But
it
seems
the
“Capitulation
Firm”
branding
strikes
a
nerve
over
there.

Would
be
a
shame
if
people
kept
calling
it
out
on
social
media…




HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

Thinking
Like
A
Lawyer
.
Feel
free
to email
any
tips,
questions,
or
comments.
Follow
him
on Twitter or

Bluesky

if
you’re
interested
in
law,
politics,
and
a
healthy
dose
of
college
sports
news.
Joe
also
serves
as
a

Managing
Director
at
RPN
Executive
Search
.

Zanu PF can legally extend Mnangagwa’s term without a referendum: Prof Moyo

According
to
Prof
Moyo,
this
precedent
means
Zanu
PF
can
lawfully
amend
section
95(2)(b)
of
the
Constitution
by
changing
the
president’s
‘term
length’
from
five
to
seven
years,
extending
it,
for
example,
through
a
two-thirds
parliamentary
majority
so
President
Mnangagwa
can
reach
their “Vision
2030”
agenda.


Prof
Moyo
on
his
X
page
argued 
that
the
“term‑limit”
clause
(Section 91 (2))
limits
the
number
of
terms
a
person
may
serve,
not
the
duration
of
each
term
and
adjusting
the
duration
(Section 95 (2)(b))
can
be
done
by
a
two‑thirds
parliamentary
majority
(Section 328 (5)).

Moyo’s
main
argument
rests
on
the
difference
between
“term
limits”
and
“term
lengths.”
He
noted
that
criticism
from
opposition
politicians
such
as
David Coltart
on
term
limits
is
mistaken
because
they
mix
up
two
different
parts
of
the
constitution.

Quoting
sections
328
(6),(7),
(8)
and
(9)
of
the
constitution
on his
X
page,
Coltart
had
written
 
extending
the
president’s
term
would
require
two
national
referendums,
as
the
constitution
clause
on
term
limits
caps
how
long
a
person
can
stay
in
office,
so
any
extension
must
be
voted
for
by
people
in
a
referendum

“The
term
limit
provisions
are
specially
protected
as
are
provisions
in
Chapter
4
(fundamental
rights)
and
16
(land
provisions).
The
wording
of
328(7)
is
critical

“the
effect
of
which
is
to
extend”
makes
it
clear
that
even
if
another
term
isn’t
sought
(that
is,
just
an
extension
of
a
few
years)
any
such
constitutional
amendment
must
go
beyond
a
mere
two
thirds
majority
and
must
have
two
referenda
where
it
involves
an
incumbent,”
Coltart
said.

“It
is
simply
disingenuous
for
anyone
to
suggest
that
the
Zanu
PF
resolution
in
Bulawayo
last
year
calling
for
an
extension
of
President
Mnangagwa’s
term,
or
a
further
term
of
office,
can
lawfully
circumvent
the
two
referenda
provision.”

However,
Prof
Moyo
said
Coltart
had
confused
the
two,
explaining
that
a
term
limit
restricts
how
many
times
a
person
can
hold
office,
currently
two
terms
for
a
president,
while
a
term
length
simply
defines
how
long
each
term
lasts,
such
as
five
years.

Prof
Moyo
pointed
to
the
2021
Constitutional
Court
decision
in
Marx Mupungu
versus
 Minister
of
Justice
as
the
key
precedent,
where
it
ruled
term‑limit
provisions
fixed
caps
on
how
many
terms
an
individual
may
hold
a
post,
that
is
a
president
may
serve
only
two
terms
and
that
requires
a
referendum
to
change
but
the
length
of
a
single
term
for
an
office,
that
is
a
five‑year
presidential
term
can
be
altered
by
Parliament
alone.

“Applied
to
section
95(2)(b),
the
five-year
presidential
term
of
office
is
inherently
variable:
It
‘extends
until’
events
like
resignation,
removal,
or
parliamentary
dissolution,
mirroring
the
contingent
logic
in
the
Mupungu
case.
This
provision
outlines
the
office’s
maximum
framework
(which
is
five
years);
it
is
not
a
personal
cap
on
the
President
as
a
‘public
officer,’”
said
Prof
Moyo.

“The
Constitution’s
sole
presidential
term
limit
on
the
officeholder
lies
in
section
91(2)’s
two-term
bar,
which
would
remain
untouched
by
a
term
length
amendment
to
section
95(2)(b).”

Because
Zanu
PF’s
October 2024
“Resolution Number 1”
concluded
in
its
congress
in
Bulawayo
seeks
to
amend
section 95 (2)(b)
– 
the
clause
that
sets
the
presidential
term
at
five
years,
Prof
Moyo
claimed
the
move
is
fully
permissible
under
the
constitution.

Prof
Moyo
said
Parliament
could
simply
pass
a
bill
with
a
two‑thirds
majority
in
both
houses,
extending
the
term
to,
say,
seven
years,
and
the
president
could
stay
in
office
until
2030.
No
referendum
would
be
needed.

“Amending
Section
95(2)(b)
to
seven
years,
for
instance,
would
simply
recalibrate
this
flexible
duration,
enabling
the
extension
to
2030
via
a
two-thirds
vote
in
each
House
in
Parliament
-free
from
the
“dictates”
of
Sections
328(6)–
(9),”
he
said.

Prof
Moyo
said
several
countries,
such
as
Guinea
and
Ireland,
already
have
seven-year
presidential
terms
without
violating
democratic
principles,
suggesting
Zimbabwe
could
follow
suit.

“If
a
president
resigns
after
two
years,
his
or
her
successor
serves
only
the
remaining
three,
not
a
full
five.
This
underlines
the
office’s
contingent
nature.
The
true
‘term
of
officer’
limit
appears
solely
in
Section
91(2),
which
caps
re-eligibility
of
incumbents
at
two
terms
(with
three
or
more
years
counting
as
a
full
term)
but
imposes
no
upper
ceiling
on
term
duration
-allowing
for
four,
five,
seven,
or
more
years
as
may
be
rationally
and
democratically
justifiable,”
he
said.

“Recent
examples
abound:
Guinea
just
adopted
a
seven-year
presidential
term
on
21
September
2025,
while
Ireland
has
for
decades
maintained
a
seven-year
presidential
term
capped
at
two
terms.”

Political
analyst,
Mxolisi
Ncube,
said
these
were
signs
of
creeping
authoritarianism,
where
the
ruling
party
is
testing
constitutional
loopholes
to
prolong
its
stay
in
power
and
called
for
vigilance

“The
practical
impact
of
this
is
if
Zanu
PF’s
resolution
passes,
President
Mnangagwa
could
remain
in
office
longer
without
a
public
vote,
provided
the
two‑term
limit
is
not
breached.
Any
amendment
extending
Mnangagwa’s
current
term
should
be
subject
to
broad
public
consultation,”
he
said.

Meanwhile,
a
comparative
constitutional
and
international
law
scholar
Dr
Justice
Mavedzenge
outlined
another
potential
political
manoeuvre
where
President
Mnangagwa
could
resign
before
completing
three
years
of
his
current
term,
triggering
the
provisions
of
Sections
100
and
101
of
the
Constitution,
which
allow
a
vice
president
to
act
as
president
until
Zanu
PF
nominates
a
replacement
to
complete
the
term.

He
said
this
constitutional
loophole
can
extend
President
Mnangagwa’s
stay
in
power
beyond
2028
without
formally
amending
the
Constitution.

Speaking
during
one
of
CITE’s
This
Morning
Asakhe
X
Space
discussion
titled
“Vision
2030
or
Power
Extension:
Decoding
Zanu
PF
Endorsements,”
Dr
Mavedzenge
said
certain
provisions
in
Zimbabwe’s
Constitution
could
be
strategically
interpreted
to
allow
President
Mnangagwa
to
remain
politically
relevant
up
to
2030.

“A
constitution
is
only
powerful
to
the
extent
that
its
owners,
the
citizens,
know
about
it,”
said
Dr
Mavedzenge.

“I
wrote
about
this
issue
on
my
blog,
trying
to
unpack
what
Zanu
PF
Harare
provincial
chairperson
(Godwills
Masimirembwa)
meant
when
he
said
Zanu
PF
will
achieve
Vision
2030
without
a
national
referendum.
I
grappled
with
that
because
I
wanted
to
find
out
what
it
is.
Is
he
just
mad
or
is
he
on
to
something?
And
I
found
something.”

Dr
Mavedzenge
said
the
key
lies
in
Sections
91,
100
and
101
of
the
Constitution,
which
together
define
how
presidential
terms
are
measured
and
what
happens
when
a
president
leaves
office.

“The
Constitution
says
that
a
full
term
for
the
president
is
anything
from
three
years
and
above.
If
a
president
serves
less
than
three
years,
that
period
is
not
considered
a
full
term,”
he
explained.
“If
President
Mnangagwa
were
to
serve
only
up
to
around
September
2026,
that
would
not
count
as
a
full
term,
making
him
constitutionally
eligible
to
contest
again.”

Dr
Mavedzenge
said
if
the
president
were
to
resign
before
completing
three
years
of
his
current
term,
triggering
the
provisions
of
Sections
100
and
101,
that
allows
a
vice
president
to
act
as
president
until
Zanu
PF
nominates
a
replacement
to
complete
the
term.

“I
imagine
what
the
party
could
potentially
do
is
engage
Section
101
and
100,
allowing
one
of
the
vice
presidents
to
act
as
president
while
the
party
nominates
a
substantive
replacement
to
serve
out
the
remainder,”
he
said.
“When
I
first
wrote
this,
it
sounded
crazy,
and
my
colleagues
said
it
was
risky
and
impossible.
But
the
more
I
look
at
what
is
happening
in
Zanu
PF
today,
the
more
I
feel
I
might
be
correct.”

He
said
recent
political
developments,
including
speculation
about
a
reconfiguration
of
the
vice
presidency,
suggest
possible
preparations
for
such
a
scenario.

“When
you
look
at
this
idea
of
trying
to
reconstitute
the
presidency,
bringing
in
figures
like
(businessman
Kuda)
Tagwirei
as
potential
vice
presidents
and
the
pushback
against
Vice
President
Constantino
Chiwenga,
I
get
the
sense
that
what
the
2030
campaigners
are
doing
is
to
also
try
and
reconfigure
the
office
of
the
vice
president,”
he
noted.

Dr
Mavedzenge
added
this
could
make
it
possible
for
President
Mnangagwa
to
temporarily
leave
office
between
September
2026
and
return
in
2028
ahead
of
the
next
election,
with
a
temporary
placeholder
in
between.

“In
order
to
make
it
a
possibility
that
President
Mnangagwa
can
have
the
option
of
temporarily
leaving
the
office
between
September
2026
and
coming
back
in
September
2028
when
the
next
elections
are
due
and
Zanu
PF
will
have
a
temporary
placeholder.”

Dr
Mavedzenge
acknowledged
that
such
a
move
would
be
politically
risky,
as
power
vacuums
often
shift
loyalties
but
said
it
was
still
a
scenario
worth
considering
seriously.

Of
course,
we
have
to
accept
that
that
is
risky
because
in
politics,
loyalties
shift.
But
I
want
us
to
think
about
that
as
well
as
a
possibility.
I’m
not
saying
and
I’m
still
not
even
myself
convinced
that
is
a
viable
way
of
achieving
2030. 
But
it
is
important,
I
emphasize
to
think
about
that
and
also
say
if
we
are
going
to
work
to
defend
our
constitution.”

He
further
warned
Zimbabwe’s
constitutional
protections
remain
vulnerable
because
the
institutions
meant
to
uphold
them,
the
judiciary,
civil
society
and
opposition,
are
weak
or
compromised.

“A
good
constitutional
text
such
as
what
we
have
must
be
supported
by
an
independent
judiciary,
which
I
think
there
are
doubts
about
the
independence
of
the
Zimbabwean
judiciary,
especially
when
it
comes
to
deciding
on
politically
sensitive
cases.
The
second
is
that
a
good
constitution
such
as
ours
needs
to
be
supported
by
a
strong
civil
society.
And
I
think
our
civil
society
at
the
moment
is
quite
in
a
very
difficult
situation,”
he
said.

“Civic
space
or
democratic
space
has
been
closed,
but
also
inadequate
resources.
But
also,
I
think
there
have
been
attempts
to
capture
civil
society
itself.
So
we
currently
have
a
very
weak
civil
society.
You
also
have
to
have
a
very
strong
opposition…But
the
fact
is
we
don’t
have
a
strong
opposition.

Dr
Mavedzenge
urged
citizens
to
focus
not
only
on
political
outcomes
but
on
the
“infrastructure
of
democracy”
that
sustains
constitutionalism.

“Without
the
infrastructure
of
a
strong
opposition,
a
strong
civil
society,
independent
courts,
the
constitution
is
meaningless.
So
we
have
to
pay
attention
to
the
infrastructure.
Democracy
is
a
good
thing,
but
democracy
only
works
if
the
infrastructure
to
defend
it
is
in
place,”
he
said.

Hwange villagers freed on bail after clash with Chinese company 

The
accused,
Likhwa
Nyathi
(26),
Simangele
Singa
(40),
Definite
Munsaka
(34),
Chetai
Mathe
(35)
and
Lynette
Zulu
(34),
appeared
before
Magistrate
Matove.
The
State
was
represented
by
prosecutor
J.
Makanza,
while
the
villagers
were
represented
by
lawyer
Thulani
Nkala
of
Dube
and
Nkala
Legal
Practitioners.

Nkala
confirmed
that
the
five
are
expected
to
return
to
court
on
17
October
2025
for
remand.

The
villagers
face
charges
of
contravening
Section
118(1)(a)
of
the
Water
Act
(Chapter
20:24)
and
Section
41(b)
of
the
Criminal
Law
(Codification
and
Reform)
Act
(Chapter
9:23),
which
relate
to
disorderly
conduct.
Zulu
faces
an
additional
charge
under
Section
77(1)(9)
of
the
same
Act.

According
to
the
State,
the
incident
occurred
on
1
October
2025
at
Kalope
Dam,
where
the
accused
allegedly
obstructed
ZhongJin
Heli
Energy
(Private)
Limited,
represented
by
Silvester
Munkuli,
from
laying
water
pipes
meant
to
draw
water
from
the
dam
as
authorised
by
the
Zimbabwe
National
Water
Authority
(ZINWA).

“On
the
1st
day
of
October
2025
at
around
700
hours,
Silvester
Munkuli
together
with
his
co-workers
and
supervisors
were
working
on
laying
water
pipes
to
draw
water
from
Kalope
Dam
when
the
accused
Nyathi
and
Singa
proceeded
to
Kalope
Dam
and
started
telling
the
ZhongJin
workers
to
stop
laying
water
pipes
or
else
they
would
stone
them,”
said
Makanza.

“Police
officers
comprising
of
Assistant
Inspector
Mhini
and
Theresa
Humanikwa
proceeded
to
the
scene
where
they
apprehended
Nyathi
and
Singa,”
he
added.

Makanza
told
the
court
that
once
the
other
villagers
heard
of
the
arrests,
“Munsaka,
Chetani
and
Zulu
proceeded
to
Kalope
Dam
where
they
threatened
to
call
other
villagers
so
that
they
stone
ZhongJin
Heli.”

He
said
the
complainant
then
informed
the
police,
who
revisited
the
scene
and
found
that
the
workers
had
stopped
laying
the
PVC
water
pipes
connecting
Kalope
Dam
to
the
company.

“The
police
officers
ordered
the
workers
to
resume
working
and
during
the
time,
Nyathi,
Singa
and
Zulu
jumped
into
the
trench
and
removed
laid
PVC
pipes
out
of
the
trench
and
went
on
to
block
the
excavator
pathway
along
the
mainline
trench
in
order
to
stop
excavation
in
the
trench.
The
excavator
operator
subsequently
stopped
working
as
a
result,”
said
Makanza.

In
a
second
count,
the
State
alleges
that
the
accused
engaged
in
riotous
conduct
by
threatening
to
stone
police
officers
at
the
scene,
allegedly
shouting
in
Shona, “tokutemayi
nematombo,”
 which
translates
to “we
will
strike
you
with
stones.”

“Thereby
incited
other
villagers
in
obstructing
ZhongJin
Heli
Energy
(Private)
Limited
from
connecting
the
water
pipes.
The
accused
persons
were
subsequently
arrested.
Accused
persons
acted
unlawfully,”
said
Makanza.

On
a
third
count,
Zulu
is
accused
of
indecent
exposure
after
she
allegedly
“removed
her
dress
and
exposed
her
breasts
in
full
view
of
others
at
Kalope
Dam.”

Four robbery suspects shot dead in Norton gunfight with police

HARARE

Four
armed
robbery
suspects
were
shot
dead
in
a
fierce
exchange
of
gunfire
with
police
detectives
near
Norton
on
Friday,
the
Zimbabwe
Republic
Police
(ZRP)
said
on
Sunday.

Two
detectives
from
the
Criminal
Investigations
Department
(CID)
Homicide
section
were
seriously
injured
and
are
receiving
treatment
at
a
local
hospital.

Police
spokesperson
Commissioner
Paul
Nyathi
said
two
of
the
slain
suspects
were
foreign
nationals.

“The
Zimbabwe
Republic
Police
confirms
a
serious
shooting
incident
and
exchange
of
fire
by
CID
Homicide
detectives
and
armed
robbery
suspects
in
Norton
on
3
October
2025.
Four
suspects
have
died
while
two
detectives
sustained
serious
injuries,”
Nyathi
said.

He
said
detectives
had
been
tracking
a
motorised
syndicate
that
had
crossed
from
South
Africa
to
carry
out
robberies
in
Bulawayo,
Harare
and
Kwekwe.

“As
the
detectives
were
following,
the
suspects
fired
at
them,
resulting
in
a
serious
exchange
of
fire
near
the
Norton
Tollgate
along
the
Harare–Bulawayo
Road,”
Nyathi
said.

Police
recovered
the
suspects’
getaway
car

a
Toyota
Axio

along
with
two
pistols:
a
Girsan
9mm
Parabellum
loaded
with
two
rounds,
and
another
9mm
Parabellum
with
one
round
remaining.
Also
recovered
were
a
pair
of
Relay
grey
and
army-green
shoes
and
a
black-and-navy-blue
jacket
branded
“Grey
Wolf.”

Nyathi
said
one
of
the
slain
suspects
had
been
captured
on
CCTV
wearing
the
same
shoes
and
jacket
during
a
September
30
armed
robbery
at
a
Harare
hospital,
where
robbers
stole
US$1,833
in
cash
and
airtime
recharge
cards
worth
US$140.

The
gang
is
linked
to
five
armed
robbery
cases
committed
between
June
25
and
October
3,
2025,
in
Harare
and
Bulawayo,
including
a
June
25
robbery
in
Njube,
where
US$8,000
and
an
iPhone
were
stolen.

“The
Zimbabwe
Republic
Police
reiterates
that
there
is
no
going
back
in
the
fight
against
armed
robbery
cases
in
the
country.
All
syndicates,
whether
locally
or
foreign-based,
will
be
decisively
dealt
with
in
line
with
the
country’s
laws,”
Nyathi
said.


Police
urged
members
of
the
public
to
report
criminal
activities
to
the
National
Complaints
Desk
on
(0242)
703631,
via
WhatsApp
on
0712
800
197,
or
at
any
nearest
police
station.

Gwanda RDC targets natural resources to boost 2026 revenue

The
measures,
presented
during
a
full
council
meeting,
cover
mining
operations,
construction
materials,
non-timber
forest
produce,
and
new
revenue
streams
such
as
carbon
credits.

Council
treasurer
Sicelesile
Ncube
said
the
local
authority
was
responding
to
rising
commercial
activity
in
the
district.

“We
saw
that
in
Gwanda
there
is
quarry.
We
realised
that
there
will
be
people
interested
in
having
businesses
dealing
with
quarry,
so
we
introduced
the
licences
at
US$500
per
annum,”
she
said.

Penalties
for
illegal
sand
extraction
will
also
increase
from
US$100
to
US$300,
in
line
with
existing
by-laws.

“We
have
aligned
it
with
our
by-law
which
is
at
US$300,
so
we
increased
it
for
2026,”
Ncube
explained.

The
mining
sector
will
see
significant
changes.
Fees
for
stamp
mills,
which
were
reduced
to
US$2,400
in
2025,
will
revert
to
US$3,000
per
year
after
a
review
revealed
that
some
operators
were
carrying
out
multiple
activities
under
a
single
licence.

“Stamp
mills
were
US$2,400
for
2025,
but
initially
they
were
US$3,000,”
said
Ncube.
“We
had
a
tour
as
the
Finance
Committee
visited
areas
with
stamp
mills
and
we
realised
that
people
with
stamp
mills
will
be
calling
it
a
stamp
mill,
but
when
you
enter
inside
the
mine
you
realise
there
are
many
activities
happening.
So
we
decided
to
bring
it
back
to
US$3,000,
which
we
were
initially
charging.”

Ball
mills
and
hammer
mills,
previously
charged
the
same,
will
now
be
separated,
ball
mills
at
US$700
and
hammer
mills
at
US$600.

“We
used
to
charge
these
the
same
at
US$600,
but
we
were
advised
that
they
are
different.
We
left
the
hammer
mill
at
US$600
and
the
ball
mill
is
at
US$700
because
they
work
differently,
so
we
separated
the
prices,”
Ncube
said.

At
the
processing
level,
fees
for
elution
plants
have
been
reduced
from
US$2,400
to
US$2,000,
while
heap
leach
plants
will
rise
from
US$3,000
to
US$3,500.
Fees
for
cyanidation
tanks
remain
unchanged.

The
council
has
also
introduced
a
charge
on
soil
aggregates
used
in
commercial
building
projects,
pegged
at
US$3
per
tonne.

“On
permits
for
soil
aggregate,
we
noticed
that
in
rural
areas,
people
are
now
building
huge
houses,
so
we
said
we
will
charge
them
US$3
per
tonne,”
Ncube
said.

“We
are
specifically
targeting
those
building
shops.
Some
of
them
are
consuming
too
much
of
our
soil.
We
are
looking
at
ways
to
increase
our
revenue
bases,
so
we
are
targeting
those
building
businesses,
not
homes.”

GRDC
also
plans
to
regulate
the
commercial
harvesting
of
non-timber
forest
produce,
particularly
mopane
worms
(amacimbi).

“On
non-timber
produce
we
are
looking
at
things
like
amacimbi.
There
will
be
those
whom
we
will
charge
US$150,
we
are
targeting
those
coming
with
vehicles
to
buy
and
hoard
many
bags,”
Ncube
said.

“Then
there
are
those
who
harvest
mopane
worms
from
home,
we
are
going
to
charge
them
US$50.
The
US$50
is
not
for
those
staying
here
and
harvesting
for
consumption
purposes,
it’s
for
those
doing
commercial
purposes.”

She
added:

“But
if
the
villagers
also
harvest
for
commercial
purposes,
we
will
also
expect
them
to
pay
the
US$50
permit.”

Ncube
said
the
council
was
also
exploring
revenue
from
carbon
credits,
projecting
about
US$150,000
in
the
2026
budget
framework.

“We
are
not
yet
sure
how
that
will
be
charged,”
she
added.

Carbon
credits
are permits
that
allow
the
owner
of
the
credit
to
emit
a
certain
amount
of
carbon
dioxide
or
other
greenhouse
gases
(GHGs).
One
credit allows
the
emission
of
one
ton
of
carbon
dioxide
or
the
equivalent
of
other
greenhouse
gases.

Cyber, Slider. We Got Insurance, Right?  – Above the Law

Now
here’s
a
good
one.
With
all
the
publicity
about
lawyers
not
checking
cites,
it’s
good
to
be
reminded
that
we
aren’t
the
only
dumbasses
in
the
world.

According
to
a

report

in
HackerNews,

KNP
Logistics
Group
,
which
had
been
in
business
some
158
years,
recently
shut
its
doors.
 Why?
One
of
its
employees
had
an
easily
guessed
password.
There
was
no
sophisticated
phishing
attack
or
zero-day
exploitation.
The
hacker
just
got
into
the
company’s
system
and
found
an
employee
who
didn’t
use
multifactor
authentication.
Then,
using
highly
sophisticated
logic
and
complicated
algorithms
(aka
someone
who
doesn’t
have
multifactor
authentication
probably
has
an
easy-to-guess
password),
they
punched
in
1-2-3-4
or
something
similar
and
voila,
in
like
Flynn.

Once
in,
the
hackers
had
a
field
day.
They
deployed
ransomware
across
the
whole
infrastructure.
Then,
perhaps
just
to
get
a
good
laugh
at
the
employee
and
the
company,
they
destroyed
the
company’s
backup
and
recovery
systems.
So,
there
was
no
way
for
the
company
to
recover
anything.


One
Slight
Miscalculation

But
the
hackers
did
make
a
slight
miscalculation:
they
demanded
more
ransom
money
than
the
company
had.
And
KNP’s
cyber
insurance
didn’t
cover
enough
of
the
demand
to
keep
KNP
going.
The
company
operated
a
transport
business
with
500
trucks
and
700
employees
and
just
like
that,
it
was
gone.

I
used
to
see
companies
plead
the
“poverty
defense”
in
litigation
all
the
time

meaning
don’t
bother
pursuing
me,
I
can’t
pay
any
judgment
anyway.
Usually,
they
didn’t
want
to
offer
proof
of
their
financial
condition
either
because
their
condition
was
not
that
bad
or
they
didn’t
want
to
open
up
their
books
to
the
other
side.
But
when
they
did,
it
was
effective.
Guess
KNP
couldn’t
convince
the
bad
guys,
though.


Lessons
for
Lawyers

Of
course,
there’s
lots
of
lessons
for
law
firms
here.
Law
firms
all
too
often
think
that
security
by
obscurity
is
great
protection,
just
like
pleading
poverty
will
get
you
off
the
hook
in
a
lawsuit.

But
law
firms
forget
how
valuable
their
data
is.
First
there’s
the
ethical
requirement
that
we
take
reasonable
steps
to
protect
our
clients’
confidences.
That
means,
of
course,
if
we
are
hacked,
we
a)
must
tell
our
clients,
which
is
not
a
pleasant
conversation
and
b)
we
may
have
violated
the
canons
of
ethics.
So
even
if
our
data
has
little
intrinsic
value
to
someone
else,
it
clearly
has
a
lot
of
value
to
us.

And
we
can’t
sell
the
notion
that
our
data
is
valuable
to
others
short:
we
have
lots
of
secrets
locked
up
in
our
files
that
could
be
exploited
for
monetary
gain.

So,
you
(like
a
good
lawyer)
say,
well,
we
have
cyber
insurance,
so
not
to
worry.
Not
so
fast.
You
had
better
read
the
policy.
And
the
sublimits.
(If
you
don’t
know
what
that
is,
you’re
already
in
trouble.)
And
you
better
read
what
security
you
committed
to
have
in
place
before
the
carrier
issued
the
policy

like
maybe
multifactor
authentication,
for
a
start.
You
might
also
want
to
check
what
security
your
corporate
clients
demanded
you
have
in
place
before
they
hired
you.

Oh
well,
it
can’t
be
that
bad,
right?
I
mean,
we
aren’t
like
KNP;
we’ll
just
go
back
to
work,
and
it
will
be
business
as
usual.
Yeah,
right,
try
billing
hours
when
all
your
files
are
locked
up
and
your
systems
have
cratered.
That
is,
if
you
still
have
clients
to
bill
to.


The
Sad
Truth:
Excuses
Galore

The
sad
truth
is
that
law
firms
and
lawyers
just
aren’t
as
security
conscious
as
they
need
to
be.
It’s
classic
hear
no
evil,
speak
no
evil,
see
no
evil.
 

Far
too
often,
they
view
security
protocols
as
a
pain
in
the
butt
that
interferes
with
their
getting
to
their
work
(and
billing
time).
I’ve
seen
partners
and
associates
circumvent
security
protocols
because
they
didn’t
want
to
take
the
time
to
comply
with
them:
“I’ve
got
work
to
do
I
can’t
be
burdened
with
multifactor
authentication.”

Here’s
another
one:
“I
don’t
have
time
to
change
my
password
every
so
often.
I
got
too
much
important
shit
to
do
to
remember
a
bunch
of
passwords.
I
need
to
get
to
my
work
quickly
without
having
to
plug
in
a
complicated
password.”

And
always
hubris:
do
lawyers
really
want
to
listen
to
those
“non-lawyers”
who
work
for
them,
like
IT
people?
And
of
course,
there
is
the
notion
that
it
can’t
happen
to
me.
Lawyers
often
just
don’t
want
to
invest
in
improved
security
or
don’t
listen
when
IT
talks
about
it.
I
mean,
it’s
boring,
right?

And
finally,
there
is
always
the
training
conundrum.
It
takes
time
away
from
billable
hours
to
be
trained
on
risks
and
how
to
avoid
them.

I
mean,
after
all,
we
got
insurance,
right?




Stephen
Embry
is
a
lawyer,
speaker,
blogger,
and
writer.
He
publishes TechLaw
Crossroads
,
a
blog
devoted
to
the
examination
of
the
tension
between
technology,
the
law,
and
the
practice
of
law
.

This Judicial Complaint Could Have Been An Email – Above the Law

The
Justice
Department
lied
in
a

judicial
misconduct
complaint

against
Chief
Judge
James
Boasberg
of
the
US
District
Court
for
the
District
of
Columbia,
referring
to
attached
evidence
that
was
not
provided
and
may
not
even
be
in
the
possession
of
the
DOJ.

The
complaint,
addressed
to
Chief
Judge
Sri
Srinivasan
of
the
DC
Circuit,

alleged

that
Judge
Boasberg
attempted
to
intimidate
Chief
Justice
John
Roberts
at
the
March
meeting
of
the
Judicial
Conference
and
made
“improper
public
comments”
about
pending
cases
in
violation
of
the
Judicial
Canon.
The
nastygram,
signed
by
the
AG’s
chief
of
staff
Chad
Mizelle,
was
vague
on
the
source
of
its
information,
simply
dropping
a
footnote
to
“Attachment
A
at
16.”
But
no
such
attachment
was
included
in
the
copy
of
the
complaint
slipped
to
reporters
in
July.

That
missing
attachment
is
the
subject
of
a

FOIA
suit

filed
by

Law
and
Chaos
,
and
we
can
now
exclusively
confirm
that
no
such
copy
was
provided
to
Chief
Judge
Srinivasan
either,
according
to
a
source
familiar
with
the
matter.
And
so
far
Judge
Srinivasan
has
had
no
better
luck
kicking
loose
this
attachment
than
we
have.
In
short,
the
judiciary
was
provided
zero
evidence
of
Judge
Boasberg’s
supposed
“improper
public
comments
about
President
Donald
J.
Trump
to
the
Chief
Justice
of
the
United
States
and
other
federal
judges
that
have
undermined
the
integrity
and
impartiality
of
the
judiciary.”

This
would
suggest
that
the
complaint
was
purely
performative,
lodged
solely
to
discredit
a
jurist
who
has
issued
rulings
adverse
to
the
Trump
administration.
Under
the
guise
of
protecting
the
“integrity
and
impartiality
of
the
judiciary,”
the
Trump
administration
is
in
fact
working
to
undermine
it.

Lies,
damn
lies,
and
The
Federalist

The
first
reporting
on
Judge
Boasberg’s
comments
at
the
Judicial
Conference
came
from
conservative
propagandist
Margot
Cleveland
at
The
Federalist,
who

affected
outrage

that
“Judge
Boasberg
and
his
fellow
D.C.
District
Court
judges
would
discuss
how
a
named
Defendant
in
numerous
pending
lawsuits
might
respond
to
an
adverse
ruling.”
She
hyperventilated
about
“those
judges’
clear
disregard
for
the
presumption
of
regularity

a
presumption
that
requires
a
court
to
presume
public
officials
properly
discharged
their
official
duties,”
without
informing
her
readers
that
the
presumption
is
by
custom,
not
statute,
and
can
be
abrogated
when
the
government
lies
to
courts.


Which
it
has.

And
she
indignantly
insisted
that
the
Trump
administration
abides
by
each
and
every
court
order.


It
hasn’t.

Cleveland’s
July
16
article
referred
to
a
“memorandum”
in
which
“a
member
of
the
Judicial
Conference
summarized
the
March
meeting.”
Law
and
Chaos
can
report
that
this
memorandum
was
compiled
as
minutes
of
the
multi-day
conference,
distributed
by
the
drafter,
and
released
by
a
third
party.
Cleveland
claims
to
have
a
copy
of
this
memo,
but
the
DOJ
has
been
quite
cagey.
This
raises
the
possibility
that
“Attachment
A”
to
the
DOJ’s
letter
is

not

the
memorandum
itself,
but
rather
rightwing
reporting
on
the
document,
either
from
Cleveland
or
from
another
outlet.

Free
that
information!

On
July
28,
Law
and
Chaos’s
parent
company
filed
a

FOIA
request

for
“Attachment
A”
along
with
expedited
processing,
since
this
is
a
single
document
in
the
possession
of
the
attorney
general.
There
is
no
argument
that
the
document,
which
appears
to
be
generated
by
a
member
of
the
judiciary
and
given
to
the
DOJ,
is
not
an
agency
record
subject
to
FOIA.
And
clearly
this
is
a
matter
of
public
interest,
since
it
was
tweeted
out
by
the
AG
herself
and
covered
in
every
major
newspaper
in
America.


And
yet,
the
DOJ’s
Office
of
Information
Policy

refused

our
request
to
expedite,
claiming
that
it
“cannot
identify
a
particular
urgency
to
inform
the
public
about
an
actual
or
alleged
federal
government
activity
beyond
the
public’s
right
to
know
about
government
activities
general.”
Even
more
bizarrely,
it
informed
us
that
it
was
assigning
our
request
to
the
complex
track,
the
proverbial
“slow
boat
to
China,”
meaning
we
could
be
waiting
years
to
get
it.
We

appealed
,
noting
that
the
search
involves
“one
document
maintained
by
one
office”
and
“in
the
custody
of
the
Office
of
the
Attorney
General,
for
which
OIP
processes
all
FOIA
requests.”
That
appeal
was

rejected

by
Christina
Troiani,
Chief
of
Administrative
Appeals,
who
stuck
by
the
claim
that
asking
for
one
document,
recently
on
the
desk
of
the
AG,
involves
“a
search
for
and
collection
of
records
from
field
offices
or
other
separate
offices,
and
thus
your
client’s
request
falls
within
‘unusual
circumstances.’”

And
so
we
moved
for

partial
summary
judgment
.
As
our
attorney
Kel
McClanahan
of

National
Security
Counselors

noted,
this
story
is
newsworthy
because
it
reflects
on
the
credibility
of
some
branch
of
the
government

although
whether
that
branch
is
the
judicial
or
executive
is
not
obvious:

To
be
clear,
this
Court
need
not
accept
DOJ’s
allegations
about
Chief
Judge
Boasberg
as

accurate
;
it
need
only
accept
that
DOJ
has
stated
them
in
a
formal
judicial
filing
and
cannot
retreat
from
them
now
when
it
is
inconvenient.
According
to
DOJ’s

own
words
,
the
document
requested
by
Law
and
Chaos
clearly
raises
“possible
questions
about
the
government’s
integrity
which
affect
public
confidence.”
28
C.F.R.
§
16.5(e)(1)(iv).
Moreover,
this
is
doubly
true
if
the
Court
considers
DOJ’s
allegations

not

to
be
accurate,
because
that
would
raise
definite
questions
about

DOJ’s

integrity
which
affect
public
confidence.
Either
way,
this
case
involves
possible
questions
about
some
Government
official’s
integrity
which
affect
public
confidence,
whether
that
Government
official
is
a
Chief
Judge
of
a
U.S.
district
court
or
the
DOJ
Chief
of
Staff.

Publicity
stunts
can
backfire

It’s
clear
that
the
DOJ
intended
to
fire
off
this
supposed
ethics
complaint,
win
a
news
cycle,
and
move
on.
After
publicly
braying
for
Judge
Boasberg’s
impeachment,
it
couldn’t
even
be
bothered
to
answer
Judge
Srinivasan’s
follow
up
questions.
And
now
it
denies
the
hype
AG
Bondi
herself
fomented,
claiming
that
this
supposed
threat
to
the
integrity
of
the
judiciary
is
a
matter
of
no
public
interest.

This
judicial
complaint
could
have
been
a
press
release

and
very
clearly
was.
But
that
doesn’t
make
it
immune
from
FOIA.


So
cough
it
up,
Pam.
We’re
waiting!



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to
read
more
at
Law
and
Chaos….





Liz
Dye
 and Andrew
Torrez
 produce
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and
Chaos Substack and podcast.



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Cadwalader’s Mass Exodus Continues: Nearly 40 Lawyers Jump To Top 50 Biglaw Firm In Practice Group Raid – Above the Law

The
hits
keep
coming
for
Cadwalader
Wickersham
&
Taft.
Reports
of
a
mass
lateral
defection
from
the
firm’s
collateralized
loan
obligation
and
asset-backed
lending
team have
now
been
confirmed,
with
Orrick
taking
in
a
37-lawyer
team
from
the
firm

including
10
partners

in
one
of
the
most
sweeping
group
lateral
moves
the
Biglaw
world
has
seen
this
year.
This
will
give
Orrick
an
immediate
boost
in
one
of
its
most
profitable
practice
areas,
and
deal
year
another
serious
blow
to
Cadwalader’s
already
shake
sense
of
stability.

As
noted
by
the

American
Lawyer
,
this
group
lateral
moves
spans
continents,
with
lawyers
in
the
U.S.
and
the
U.K.
involved,
and
this
expansion
has
allowed
Orrick
to
claim
rights
to
one
of
the
largest
finance
practices
in
the
world.
Here’s
a
statement
from
Mitch
Zuklie,
Orrick’s
chair,
on
the
news:

“The
addition
of
this
world-class
team
positions
our
firm
uniquely
to
advise
our
private
credit
and
banking
clients
as
they
innovate
on
private
debt
solutions.
It
advances
multiple
strategic
priorities,
including
growing
our
London
office
and
scaling
our
finance
practice
with
a
team
of
remarkable
quality.”

For
Cadwalader,
this
move
lands
at
a
delicate
moment.
The
233-year-old
firm
seems
to
have
spent
much
of
2025
in
triage
mode,
trying
to
steady
itself
after
months
of
partner
departures
and
growing
internal
unease.
Just
last
week,
the
firm
announced
that
finance
partner
Wes
Misson
would

become
co-managing
partner

alongside
long-time
leader
Pat
Quinn

a
move
widely
interpreted
as
an
effort
to
project
calm
amid
the
chaos.
The
firm’s
leadership
shuffle
was
meant
to
show
that
management
was
paying
attention,
but
today’s
news
makes
that
attempt
at
reassurance
feel
almost
quaint.

When
nearly
40
lawyers
pack
up
from
one
of
Wall
Street’s
most
venerable
firms
and
move
together,
they
send
a
message
about
where
they
believe
opportunity
lies

and
where
it
no
longer
does.
Orrick
didn’t
just
make
a
group
lateral
hire;
it
made
a
huge
statement.
Cadwalader’s
leaders
insist
that
the
firm
remains
strong,
profitable,
and
focused,
but
the
optics
here
are
simply
brutal.
In
a
talent-driven
economy,
stability
is
currency,
and
this
move
suggests
that
Cadwalader’s
reserves
may
be
running
low.


37-Lawyer
Cadwalader
Team
Arrives
at
Orrick

[American
Lawyer]


Earlier
:

Wall
Street’s
Oldest
Biglaw
Firm
Appoints
Co-Managing
Partner
Amid
Mass
Exits
And
Merger
Rumors


Staci Zaretsky




Staci
Zaretsky
 is
the
managing
editor
of
Above
the
Law,
where
she’s
worked
since
2011.
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so
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questions,
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Was Trump Right When He Took These Actions? – Above the Law

(Photo
by
Win
McNamee/Getty
Images)

President
Donald
Trump
wants
to
own
the
libs.

And
the
libs
fall
for
it

perhaps
because
it’s
so
hard
to
tell
the
difference
between
when
Trump’s
being
a
jerk
and
when
he
later
insists
that
he
was
just
joking.

I
don’t
want
to
own
the
MAGA
types.
No,
no,
no. 

Let
me
devote
this
column
simply
to
asking
questions. I’m
not
answering
questions;
I’m
not
giving
any
reactions;
I’m
just
asking.

Let
me
ask
first: Was
Trump
correct
to
pardon
all
of
the
January
6
rioters,
including
the
one
who
had
been
convicted
of
seditious
conspiracy
and
sentenced
to
22
years
in
prison?

I’m
not
opining. I’m
not
telling
you
the
right
answer
to
this
question. I’m
just
asking.

Second: Was
Trump
correct
to
announce
massive
tariffs
on
“Liberation
Day”

April
2,
2025

only
then
to
suspend
the
planned
tariffs
because
of
the
massive
market
turmoil
they
created?

Or
maybe
he
should
have
thought
this
through
more
carefully?

Was
Trump
correct
to
have
the
U.S.
government
take
a
10%
interest
in
Intel,
or
should
he
have
left
the
free
market
alone?

So,
my
conservative
friends,
in
what
other
companies
should
the
government
take
a
stake?

Was
Trump
correct
to
invite
Vladimir
Putin
to
meet
on
American
soil,
and
have
American
troops
literally
lay
out
a
red
carpet
for
him,
to
gain
the
concessions
that
Putin
made
to
end
the
war
in
Ukraine?

Remind
me
again
what
those
concessions
were.

Was
Trump
correct
to
hire
Tom
Homan
as
the
“border
czar”
at
a
time
when
Homan
was
under
investigation
for
having
accepted
a
paper
bag
containing
$50,000
in
cash?

Was
Trump
correct
to
announce
that
the
government
was
imposing
a
$100,000
fee
on
employers
for
H-1B
visa
applications,
causing
confusion
and
prompting
immediate
changes
to
people’s
travel
plans,
and
clarify
on
the
next
day
that
the
fee
applied
only
to
new
applicants
in
the
2026
lottery
and
did
not
apply
to
current
H-1B
holders?

Or
maybe
he
should
have
thought
this
through
more
carefully
and
made
the
entire
announcement
at
once?

Was
Trump
correct
to
ignore
a
statute,
passed
in
2024,
that
required
ByteDance,
the
Chinese
parent
company
of
TikTok,
to
divest
its
interest
in
TikTok’s
U.S.
operations
by
January
19,
2025? 

Or
don’t
we
care
about
those
pesky
little
things
called
“laws”?

Was
Trump
correct
to
conduct
multiple
lethal
military
strikes
on
boats
manned
by
Venezuelans
who
were
supposedly
smuggling
drugs
and
later
to
declare
that
the
U.S.
was
engaged
in
a
“non-international
armed
conflict”
with
drug
cartels,
thus
trying
to
justify
multiple
assassinations
after
the
fact?

Was
Trump
correct
to
impose
50%
tariffs
on
products
imported
from
Brazil
to
retaliate
for
Brazil’s
decision
to
prosecute
Jair
Bolsonaro
for
orchestrating
a
plan
to
overthrow
the
2022
election
in
Brazil
and
remain
in
power
by
force?

Is
Trump
correct
to
try
to
put
the
Federal
Reserve
Board
under
political
control?

Was
Trump
correct
to
say
that,
when
media
stories
about
him
are
negative,
those
stories
are
no
longer
free
speech
but
instead
interfering
with
an
election?

Aw,
c’mon

didn’t
you
go
to
law
school?

Is
Trump
correct
to
say
that
Jimmy
Kimmel’s
jokes
about
Trump
constitute
illegal
campaign
contributions
by
ABC
to
the
Democratic
National
Committee?

Really? Is
this
column
also
an
illegal
campaign
contribution
to
the
DNC?  

What
the
heck
are
we
going
to
do
about
Fox
and
the
RNC?

Exactly
how
does
this
work?

Note
that
this
column
didn’t
say
anything
about
truly
controversial
issues. I’ve
said
nothing
about
whether
imposing
massive
tariffs
are
a
good
way
to
reduce
inflation,
or
whether
sending
the
U.S.
military
to
American
cities
makes
sense,
or
whether
we
should
criticize
the
process
by
which
undocumented
immigrants
are
being
thrown
out
of
the
country.

I
don’t
want
to
stir
things
up
here.

I’ve
just
picked
a
few
noncontroversial
issues
and
asked
some
questions.

I’ll
be
curious
to
hear
what
you
think.




Mark Herrmann spent
17
years
as
a
partner
at
a
leading
international
law
firm
and
later
oversaw
litigation,
compliance
and
employment
matters
at
a
large
international
company.
He
is
the
author
of 
The
Curmudgeon’s
Guide
to
Practicing
Law
 and Drug
and
Device
Product
Liability
Litigation
Strategy
 (affiliate
links).
You
can
reach
him
by
email
at 
[email protected].