Gabriel Malor

Gabriel Malor

@gabrielmalor.bsky.social

Oklahoman in Virginia. Appellate attorney. I talk about federal court decisions. A lot. Sometimes the most you can do is the best you can do. gabriel.malor@gmail.com

20,248 Followers 203 Following 10,251 Posts Joined Jul 2023
27 minutes ago

Puzzling—I was informed just hours ago that Pirro’s office was “historic” in its willingness to pursue cases it might not win

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1 hour ago

How dare you! My dog is much too cute to compare to that wino.

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(What, you don't keep your nephews' toys in a Costco margarita box?)

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Happy Friday. Enjoy Maximum Dog barking at his own reflection. Missy is unimpressed.

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1 hour ago

4th Cir. will rehear en banc a case in which the panel decision held that South Carolina NAACP and two other organizations lacked standing to challenge the state's treatment of juveniles in custody.

www.ca4.uscourts.gov/opinions/251...

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1 hour ago

Pretty special to witness a prosecutor violate her ethical obligations on live TV.

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2 hours ago

Opening the opinion with quotes from Trump basically admitting that this investigation was pretext to pressure Powell into cutting rates? Power move.

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2 hours ago

Judge Boasberg's opinion quashing subpoenas to Fed Reserve chair Jerome Powell: storage.courtlistener.com/recap/gov.us...

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1 hour ago

One must never lose sight of the fact that, while they are doing many horrible things, these folks are also horrible people.

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1 hour ago
Tuesday, August 12, 2025                    Page 1                             Athens, Tennessee Knoxville Attorney Suspended Five Years                                                                     for Misleading Federal Courts and Filing Frivolous Motions  Knoxville lawyer Van R. Irion has been suspended from practicing in the U.S. District Court for the Eastern District of Tennessee for five years, followed by two years of probation, after judges found he repeatedly misled courts, filed frivolous pleadings, and showed a “lack of respect and trustworthiness” in his dealings with the judiciary. The 80-page ruling, issued August 4 by Chief U.S. District Judge Travis R. McDonough, stems from Irion’s conduct in two Athens-area lawsuits — Whiting v. Trew and Whiting v. City of Athens — as well as his actions during the court’s disciplinary investigation. The court found that Irion made false statements about his client’s ownership interest in disputed property, resisted lawful discovery orders, and ghostwrote substantive legal documents for a client who claimed to be representing himself. Judges said he compounded his misconduct during the disciplinary process by making additional misrepresentations to the court, demanding discovery directly from the presiding judge, ignoring court rules, violating multiple orders, filing a motion to sanction the judge, accusing the judge of “adulterating the trial court record” in another case, asking the Sixth Circuit to halt the discipline case and investigate court procedures, and suing the Sixth Circuit Clerk of Court and staff while alleging improper conduct including the use of “burner phones.” The opinion stated that Irion “spent the pendency of this proceeding digging even deeper” rather than addressing his original misconduct. While Irion later admitted some of his statements in the Trew case were inaccurate and “possibly negligent,” the court found little genuine remorse. Judges noted he has practiced solo without the

This is not one of these fellows' first run in with sanctions.

wyxi.net/morningfax/2...

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1This is a conservative estimate.  We call something a “fake citation” or “misrepresentation of fact” only when it is clearly so.  We do not include typos or sloppy citations.  “As those mistakes could be attributed to simple sloppiness in drafting, as opposed to a failure to comply with the basic obligations of legal counsel, they are not the subject of this” opinion.  Davis v. Marion Cnty. Super. Ct. Juv. Detention Ctr., No. 1:24-CV-01918-JRS-MJD, 2025 WL 2502308, at *1 n.1 (S.D. Ind. Sept. 2, 2025).  If we included typos and other errors that are arguably, but not clearly, a misrepresentation or fake citation, we would be looking at far more misstatements of fact and law.
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a man stands on a football field wearing a white shirt Alt: a man stands on a football field wearing a white shirt

They also argued that the Court's orders were invalid because they were signed by the Clerk of Court rather than an Article III judge.

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When the Court issued an OSC to explain, the attorneys refused!

Good ideaaaaaa?

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We therefore issue these sanctions to Irion and Egli, the rationales for which we will explain below: 1. Irion and Egli must jointly and severally reimburse appellees in full for their reasonable attorneys’ fees on appeal in all three appeals. 2. Irion and Egli must jointly and severally pay double costs to appellees for costs incurred under 28 U.S.C. § 1920 on appeal in all three appeals. 3. Appellees must file an accounting of their costs and attorneys’ fees on appeal, with supporting documentation, no later than seven days from the date of this No. 24-5918/5919/25-5424 Whiting v. City of Athens, Tenn. Page 14 order.  Irion and Egli shall file any responses or objections to appellees’ requests for costs and attorneys’ fees on appeal no later than seven days thereafter.  There will be no replies. 4. Irion and Egli must each separately and individually pay $15,000 to the registry of this court as punitive sanctions for the proceedings in this court in all three appeals. 5. The clerk will forward a copy of this order to the chief judge to consider disciplinary proceedings under Sixth Circuit Local Rule 46. 6. If Irion and Egli are financially unable to comply with some or all of the requirements of this order, they must file an affidavit under seal describing their financial situation along with their objections to appellees’ fee requests.

6th Cir. sanctions two attorneys over multiple briefs with over two dozen (at least) fake citations and misrepresentations of fact.

The sanctions are considerable.

www.opn.ca6.uscourts.gov/opinions.pdf...

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2 hours ago
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Judge blocks subpoenas against Fed Chair Jermone Powell citing 'essentially zero evidence' Powell said the subpoenas were related to his testimony before the Senate in June about the renovation of Federal Reserve office buildings.

Judge blocks subpoenas against Fed Chair Jermone Powell, citing 'essentially zero evidence'

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3 hours ago
In sum, the Fourth Amendment violation here—deployment of a taser against a non-violent, non-dangerous, and unarmed suspect fleeing down a steep embankment—was one of obvious clarity. See Gilmore, 144 F.4th at 1258; Bradley, 10 F.4th at 1244. Cf. Peroza-Benitez v. Smith, 994 F.3d 157, 167–68 (3d Cir. 2021) (holding, under obvious clarity method, that “[t]he Fourth Amendment right of an injured, visibly unarmed suspect to be free from temporarily paralyzing force while positioned at a height that carries with it a risk of serious injury” was clearly established in October of 2015). Thus, we affirm the district court’s denial of qualified immunity to Officer Grubbs and uphold the liability verdict against him.5

Also, it was clearly established in 2018 that officer could not tase a non-violent, non-dangerous, unarmed suspect (a homeless man, actually) fleeing down an embankment causing him to fall 24 feet onto a concrete platform.

No QI for officer.

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Over in the 11th Cir., Judge Jordan is using gen. AI in a decision.

media.ca11.uscourts.gov/opinions/pub...

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IMPERIAL SOVEREIGN COURT OF THE STATE OF MONTANA, ET AL. V. KNUDSEN, ET AL.	23-3581

Also, when I clicked on the case name, I was almost certain is was going to be about some Sov. Cit. mess.

Assumptions!

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Montana House Bill 359 (H.B. 359) restricts statutorily defined “drag story hours” and “sexually oriented performances.” Violations of H.B. 359 are subject to criminal and civil penalties. Plaintiffs are individuals, nonprofits, theaters, and other organizations. They bring a pre-enforcement challenge to H.B. 359, contending the statute violates their First Amendment right to freedom of speech and their Fifth Amendment due process right, both facially and as applied to their speech. Defendants are Montana Attorney General Austin Knudsen and Montana Superintendent of Public Instruction Elsie Arntzen. The district court granted Plaintiffs’ motion for a preliminary injunction, enjoining Defendants from instituting, maintaining, or prosecuting any enforcement proceedings under H.B. 359. Defendants timely appealed. We conclude that Plaintiffs have Article III standing to bring their claims, and the district court did not abuse its discretion by issuing the preliminary injunction. Accordingly, we affirm.

9th Cir. affirms a preliminary injunction blocking Montana's ban on drag story hour at schools or libraries that receive state funding and its more general ban on drag shows as likely violations of the First Amendment.

cdn.ca9.uscourts.gov/datastore/op...

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3 hours ago
Lieutenant Ernest Mitchell left his post to move his car without telling his Commanding Officer.  He was the Command Duty Officer of a guided-missile destroyer.   The Navy penalized Mitchell for his absence from the ship.  He sued.  The district court held that the Navy’s action was reasonable and reasonably explained.   Because we agree, we affirm.

DC Cir. has a decision today about a Navy lieutenant who sued bc he was taken off the command track after he left his post for less than an hour as Command Duty Officer so he could move his car.

It is as petty as it sounds, but hey take your shot, dude.

media.cadc.uscourts.gov/opinions/doc...

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5 hours ago

JUST IN: Four demonstrators who still face conspiracy charges tied to ICE protests in Broadview seek records relating to "any improper influence exerted upon the U.S. Attorney's office."

The motion includes a pic of President Trump's image on the front entryway of the Justice Department:

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6 hours ago

“Don’t proudly announce an international war crime for at least 20 minutes” Pentagon challenge.

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6 hours ago

“last Saturday… he led a small protest outside New York City Mayor Zohran Mamdani’s home, during which he accused Muslims of being ‘pedophiles.’”

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10 hours ago

Judge VanDyke's opinion was so offensive that 29 of the Ninth Circuit's senior and active judges, including a few Trump appointees, issued these rebukes:

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10 hours ago

The gasp I gasped.

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19 hours ago
A black lab puppy on a brown carpet.

Bonus pic: Maximum Dog sprawled.

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21 hours ago

“A DOJ job — a lifetime goal for countless lawyers until the past year — has become a job where embarrassing errors, at best, are regularly making it into court filings and where a constant question is whether a judge is going to threaten you with contempt …”

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20 hours ago
A still from a video of a tiny white horse the size of a large dog. Its forelock is braided. It's wearing a little blue vest/cape. It has tiny black booties on it's itty bitty hooves.

I just want to make sure everyone knows Mayo Clinic has a therapy miniature horse named Blue Sky

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19 hours ago

It's true; I'm pretty great.

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20 hours ago

Pro tip: people who use the term "false flag" on social media are, each and every one, idiots and also, perhaps relatedly, bad people.

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