BREAKING NEWS: DEADBEAT DOJ TRYING TO STIFF WINNING 2A PLAINTIFFS...

Published on December 18, 2024
Duration: 16:19

This video discusses the Department of Justice's (DOJ) opposition to paying attorney's fees for Gun Owners of America (GOA) and other plaintiffs who successfully challenged the federal bumpstock ban. The DOJ argues their litigation position was 'substantially justified' under the Equal Access to Justice Act (EAJA), despite losing at the Supreme Court. The speaker highlights the low statutory rate of $125/hour proposed by the DOJ for these attorneys, contrasting it with market rates for top legal professionals, and emphasizes the importance of private donations to Second Amendment organizations.

Quick Summary

The Department of Justice is resisting paying attorney's fees to Second Amendment groups like Gun Owners of America after their Supreme Court win on bumpstocks. They claim their losing position was 'substantially justified' under the EAJA. The DOJ also proposed a mere $125/hour rate for the winning attorneys, far below market value, highlighting the critical need for private donations to fund 2A legal advocacy.

Chapters

  1. 00:00DOJ's Attempt to Stiff 2A Plaintiffs
  2. 00:35Introduction: Mark Smith, Host
  3. 01:09Understanding Attorney's Fees in Litigation
  4. 02:49The Supreme Court Bumpstock Case (Carabao v. Garland)
  5. 03:33Prevailing Parties and Attorney Fee Motions
  6. 04:15DOJ's Opposition to Fee Awards
  7. 05:41DOJ's Legal Argument: Substantial Justification
  8. 07:00Distinction: Civil Rights Act vs. EAJA
  9. 08:28Equal Access to Justice Act (EAJA) Explained
  10. 09:25Importance of Private Donations to 2A Groups
  11. 11:52DOJ's Proposed Low Hourly Rate for Attorneys
  12. 12:10Market Rates vs. Statutory EAJA Rate
  13. 13:47DOJ's Strategy to Discourage Litigation
  14. 14:30The Lesson: Fight Tooth and Nail
  15. 15:06Hope for Future Administrations

Frequently Asked Questions

Why is the DOJ fighting attorney's fees for Second Amendment plaintiffs?

The DOJ is arguing that their litigation position in the bumpstock case was 'substantially justified,' a condition under the Equal Access to Justice Act (EAJA) that can prevent fee awards even if the government loses. They cite lower court rulings and dissenting Supreme Court justices as evidence of their position's reasonableness.

What is the Equal Access to Justice Act (EAJA)?

The EAJA allows prevailing parties in civil actions against the U.S. government to recover attorney's fees and expenses, unless the government's position was substantially justified or special circumstances make the award unjust. It's the primary avenue for fee recovery against federal agencies.

How much are the DOJ lawyers proposing for Second Amendment attorneys?

The DOJ is proposing a statutory rate of $125 per hour for the attorneys who successfully represented Gun Owners of America and other plaintiffs in the bumpstock litigation. This is significantly lower than the market rates for experienced legal professionals.

Why are private donations important for Second Amendment groups?

Given the DOJ's aggressive stance on denying attorney's fees, even after Supreme Court victories, Second Amendment organizations rely heavily on private donations to fund their legal battles. This ensures they can continue to defend gun rights without being financially crippled by litigation costs.

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