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IANAL in NY but, for those who are, what's yr reading of NY RPCs 8.3 [Reporting Professional Misconduct] and 3.8 [Special Responsibilities of Prosecutors and Other Government Lawyers] for this situation?
#ethics #rpcs #law #lawyers #legal #professionalrules #judiciary
https://nysba.org/attorney-resources/professional-standards/
New York State Bar AssociationProfessional Standards - New York State Bar AssociationNew York Rules of Conduct with Comments (PDF) — Effective April 1, 2009, as amended through June 10, 2022, with commentary as amended though August 2, 2022. PLEASE NOTE: The New York Rules of Professional Conduct have been adopted by the Appellate Division of the New York State Supreme Court and are published as Part 1200 of the … Continued
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JUDGE KOLLAR-KOTELLY: But where is Mr. Musk in all this?
HUMPHREYS: I don’t have any further information. He’s a close adviser to the president, which then, under the president’s authority, goes to the Secretary of Treasury and then down to the Treasury—
JUDGE KOLLAR-KOTELLY: So as an adviser, would Musk be in some other employment category?
HUMPHREYS: I’m not aware.
JUDGE KOLLAR-KOTELLY: Okay, so, is there an administrator of DOGE at the present time?
HUMPHREYS: I don’t know the answer to that.
JUDGE KOLLAR-KOTELLY: You don’t know whether there is an administrator, is that what you’re saying?
HUMPHREYS: I’m saying I don’t know.
JUDGE KOLLAR-KOTELLY [directing her attention to Humphreys’ co-counsel]: Okay, everybody at the table speak up over there if you know anything else.
[Silence.]
JUDGE KOLLAR-KOTELLY: I mean, I have to say, the government represented to a judge in the Eastern District of Virginia that there is, quote, an “acting USDS administrator.” And obviously the executive order creating DOGE says there’s a USDS [DOGE] administrator. So isn't there some problem, if there's no administrator, as to how DOGE functions? Who supervises them, how do they come up with ideas? I mean, if you've got employees that are with DOGE, that are working with Treasury, who's telling them what to do, if there's no administrator?](https://assets.newsie.social/media_attachments/files/114/066/652/154/721/187/original/fe29e720948d408c.png "Transcript from article:
JUDGE KOLLAR-KOTELLY: But where is Mr. Musk in all this?
HUMPHREYS: I don’t have any further information. He’s a close adviser to the president, which then, under the president’s authority, goes to the Secretary of Treasury and then down to the Treasury—
JUDGE KOLLAR-KOTELLY: So as an adviser, would Musk be in some other employment category?
HUMPHREYS: I’m not aware.
JUDGE KOLLAR-KOTELLY: Okay, so, is there an administrator of DOGE at the present time?
HUMPHREYS: I don’t know the answer to that.
JUDGE KOLLAR-KOTELLY: You don’t know whether there is an administrator, is that what you’re saying?
HUMPHREYS: I’m saying I don’t know.
JUDGE KOLLAR-KOTELLY [directing her attention to Humphreys’ co-counsel]: Okay, everybody at the table speak up over there if you know anything else.
[Silence.]
JUDGE KOLLAR-KOTELLY: I mean, I have to say, the government represented to a judge in the Eastern District of Virginia that there is, quote, an “acting USDS administrator.” And obviously the executive order creating DOGE says there’s a USDS [DOGE] administrator. So isn't there some problem, if there's no administrator, as to how DOGE functions? Who supervises them, how do they come up with ideas? I mean, if you've got employees that are with DOGE, that are working with Treasury, who's telling them what to do, if there's no administrator?")
