Drudge Retort: The Other Side of the News
Thursday, February 13, 2014

Dana Milbank (Washington Post) - Sen. Rand Paul (R-Ky.) has been caught using purloined passages in several of his speeches. Now the aspiring presidential candidate stands accused of filing a lawsuit stolen from its author. Since December, the libertarian lawmaker, a tea party favorite, had been working with former Reagan administration lawyer Bruce Fein to draft a class-action suit seeking to have the National Security Agency's surveillance of telephone data declared unconstitutional; but when Paul filed his suit at the U.S. District Court in Washington on Wednesday morning, Fein's name had been replaced with that of Ken Cuccinelli, the failed Republican gubernatorial candidate in Virginia. Fein, who has not been paid in full for his legal work by Paul's political action committee, was furious that he had been omitted from the filing he wrote.


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"I am aghast and shocked by Ken Cuccinelli's behavior and his absolute knowledge that this entire complaint was the work product, intellectual property and legal genius of Bruce Fein," Mattie Fein, his ex-wife and spokeswoman, told me Wednesday. "Ken Cuccinelli stole the suit," she said, adding that Paul, who "already has one plagiarism issue, now has a lawyer who just takes another lawyer's work product."


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The unceremonious jettisoning of a constitutional lawyer in favor of the man best known for his unsuccessful suit to have Obamacare declared unconstitutional suggests that Paul's legal action has more to do with politics than the law. And there are other clues. In Fein's version, Sen. Mark Udall (D-Colo.) was listed as a plaintiff along with Paul, but in the final complaint the Democrat was gone and the tea party group FreedomWorks was added in his place. Both suits list as defendants the director of national intelligence, the FBI director and the director of the NSA, but Fein's version had named the defense secretary and the attorney general. Cuccinelli's version dropped those two -- but added President Obama as a defendant, an incendiary change.

When Mattie Fein responded in an e-mail to Cuccinelli calling him "dumb as a box of rocks," Cuccinelli wrote another e-mail to Bruce Fein saying, "I think this relationship is untenable."

Ahhh, another day and another Klown Kar Karavan member tries to grab the wheel and drive deeper into the ditch. The NSA suit could have been a serious challenge to a murky overreach but instead Paul turns it into another amateur hour at the Tea Party sideshow and circular firing squad brigade.

When they start stealing from their own, is their any doubt that they'd steal from anyone if given the chance?

#1 | Posted by tonyroma at 2014-02-13 08:56 AM | Reply | Flag:

When Rand Paul hooks up with Ken Cuicinelli comedy is the result, both of these buys are jokes.

#2 | Posted by danni at 2014-02-13 09:02 AM | Reply | Flag: | Newsworthy 1

The savvy wit and inspiration on display in the first Paul is absent in this dumbed-down, warmed over retread.

#3 | Posted by TaoWarrior at 2014-02-13 09:14 AM | Reply | Flag:

What will really be hilarious is if he's the next president.

#4 | Posted by Daniel at 2014-02-13 09:33 AM | Reply | Flag:

What will really be hilarious is if he's the next president.

Marvin the Martian has a better chance than Rand Paul and he's an illegal alien.


#5 | Posted by tonyroma at 2014-02-13 09:57 AM | Reply | Flag: | Funny: 1

Let us know when you guys get upset when a candidate or current VP copies another persons life story. Or get in trouble in college for plagiarism.

#6 | Posted by Dalton at 2014-02-13 11:52 AM | Reply | Flag:

Well at least Rand Paul is challenging the NSA, rather than empowering it like the Constitutional Professor-in-Chief. That's a little more important than this pettiness.

#7 | Posted by nullifidian at 2014-02-13 11:58 AM | Reply | Flag:

Can Tony be honest about any one thing? I think not. It doesn't mention that Paul plagiarized anything. Just that Cuccinelli had "similiar" passages. Regardless of the technicalities Paul didn't write any of this and sounds as if Fein is just pissed b/c he hasn't been completely paid yet.

#8 | Posted by Dalton at 2014-02-13 12:28 PM | Reply | Flag:

The reasons this angers me is that Constitutional challenges to the NSA's offensive domestic spying policy should not be watered down by stupid lawyering. And yes, I blame both Paul and Cuccinelli for this.

#9 | Posted by moder8 at 2014-02-13 12:32 PM | Reply | Flag:

Practical lawyering for the uninitiated. As noted, Paul didn't write the complaint so he didn't plagiarize. The second lawyer may have but it is neither uncommon nor unethical. Almost all writings of a lawyer build off of the work of others, hell there are a myriad of form books for nearly every imaginable cause of action, motion or transaction.

Nevertheless, the work product of the first lawyer belongs to the client, not the lawyer, whether or not the lawyer has been fully paid. This is a risk a lawyer takes when providing drafts to a client. At the same time, saying no to the client is not good lawyering or good business practice. Neither is it good lawyering or good business practice to air the client's laundry in public. So, it is what it is and the first lawyer should be paid.

#10 | Posted by et_al at 2014-02-13 01:06 PM | Reply | Flag:

Rand Paul should wear a sack on his head that says "I'm not relevant anymore"

#11 | Posted by Harry_Powell at 2014-02-13 06:54 PM | Reply | Flag:

...Rand Paul should give half his paycheck to teh Google...


#12 | Posted by 1EyedMan at 2014-02-13 07:10 PM | Reply | Flag:

wow..Rand Paul..Chris Christie..2016? Please do

#13 | Posted by drewinnj at 2014-02-13 07:22 PM | Reply | Flag:

eat all: "it is neither uncommon nor unethical"

...but it is awfully dumb...


#14 | Posted by 1EyedMan at 2014-02-13 07:39 PM | Reply | Flag:

It's also dumb to take something out of context then pretend it's a dumb, dumb a[..].

#15 | Posted by et_al at 2014-02-13 08:41 PM | Reply | Flag:

How can a lawsuit be 'plagiarized'? It's not a novel, song or trademark, Tony.

#16 | Posted by Diablo at 2014-02-13 11:05 PM | Reply | Flag:

"Marvin the Martian has a better chance than Rand Paul and he's an illegal alien."

Obama, Holder and Pelosi support him already.

#17 | Posted by Diablo at 2014-02-13 11:06 PM | Reply | Flag:


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