David Gelman On Fox Across America: Why Do I Have No Doubt Todd Blanche Will Be Confirmed?
By David Gelman | Gelman Law, LLC | Cherry Hill, New Jersey | Criminal Defense and Legal Commentary
I recently joined Fox Across America to break down a few of the biggest legal stories in the news, and the confirmation of Todd Blanche as attorney general was at the top of the list. I have worked with Todd, I know how he operates, and I have no doubt he will be confirmed. In this recap of that conversation, I want to walk through what we discussed, explain the legal ideas behind the headlines, and show why these stories matter to everyday people here in New Jersey.
When you spend enough time in courtrooms, you learn that the loudest political arguments usually sit on top of a simpler legal question. That is what I try to do on air and in my office, which is take the noise out and explain what the law actually says.
If you are following any of these stories and wondering how the same rules could affect your own case, I am here to help. Call my office at 856-861-4236 or use the online contact form on our website, and we can talk through your situation.
Todd Blanche’s Confirmation: Why Am I So Confident He Will Be Confirmed?
I got to know Todd Blanche during President Trump’s criminal trial, when our legal team was in contact with him almost every day. He is what I would call a prosecutor’s prosecutor. He is a former United States Attorney with many years of courtroom work behind him, and he knows the process inside and out.
During his confirmation questioning, he handled himself extremely well. When Senator Dick Durbin pressed him about not speaking with the victims connected to the Epstein matter, Todd gave the correct legal answer, which is that those victims have their own attorneys and cannot be contacted directly. That is not a dodge. That is the rule.
I also thought Senator John Kennedy made a sharp point when he noted how strange it is to expect a president to pick a cabinet member the president dislikes. A president chooses people he trusts to carry out the job. With Todd’s background, his team, and his command of the material, I do not think he will have any trouble. It is not a question of if he is confirmed, but when.
From what I have seen, the Justice Department under his leadership has gone back to doing the basic work the job demands. That means reviewing the files, following the leads, and moving cases through the process the right way. People can disagree about politics, but the actual practice of prosecuting cases is not political, and Todd understands that difference better than most.
The No-Contact Rule Explained: Why Can A Lawyer Not Speak Directly To A Represented Person?
The Durbin exchange gave me a chance to explain a rule that surprises a lot of people, and it is one of the most basic rules in the practice of law. When a person has an attorney, the opposing lawyer cannot go around that attorney and speak to the person directly. You have to go through their counsel.
This is not a technicality. It is an ethics rule, and a lawyer who violates it can face real discipline, including suspension or disbarment. I sometimes call it 101 lawyering because it is that fundamental.
The rule exists to protect people, and here is why that matters to you:
- Balance: it keeps a trained lawyer from pressuring someone who does not have counsel in the room
- Clarity: it makes sure important conversations happen on the record and through the right channel
- Protection: it guards your rights so nothing you say can be used against you without your attorney present
- Fairness: it keeps both sides on equal footing during a serious legal matter
The lesson for anyone facing charges or dealing with a legal dispute is simple. Once you hire an attorney, the other side must deal with your lawyer, not with you, and that shield is one of the first protections you gain when you retain counsel.
Threats Against Supreme Court Justices: What Did I Say About Court Security?
This week we talked about the justices going to Congress to ask for more security funding. Justice Amy Coney Barrett described some disturbing incidents, including being swatted and having to explain a bulletproof vest to her children. Justice Elena Kagan testified that security used to be limited to public appearances, and now it’s needed around the clock.
My view is straightforward. Threatening a judge, a justice, or anyone else is wrong, it’s dangerous, and it should never happen. When the budget for court security climbs the way it has, that tells you the threat is real, not imagined.
I don’t blame the justices one bit for asking for protection. When someone in that position says they no longer feel safe doing their job, we need to take it seriously, because it only takes one incident for something tragic to happen. This is about the safety of the people who serve in our courts, and that shouldn’t be a partisan issue.
I also made the point on air that the same standard has to apply to everyone. Disagreeing with a ruling is part of the system, and there are proper channels to challenge it, through appeals and through Congress. Threats and intimidation are not among those channels, and they never should be. Respecting that line is what keeps the courts working the way they’re supposed to.
A Jersey Shore Assault Case: What Charges Can Follow A Public Confrontation In New Jersey?
The last story we covered hits closer to home. A woman was arrested at the Jersey Shore after she reportedly walked up to a teenager and slapped the young person over the pro-Trump clothing the teen was wearing. On air, the host asked me what charges she could face, and this is exactly the kind of case that lands on my desk.
The first charge is simple assault under N.J.S.A. 2C:12-1(a). That is a disorderly persons offense in New Jersey, similar to a misdemeanor in other states, and it can carry up to six months in the county jail and a fine of up to $1,000. On its own, that is already something you never want on your record.
The more serious charge is endangering the welfare of a child under N.J.S.A. 2C:24-4, because the person who was struck was a minor. When someone who has no legal duty to care for the child causes that kind of harm, the state can pursue a third degree charge. Here is what a third degree conviction can mean:
- Prison: a sentence of 3 to 5 years in state prison is possible upon conviction
- Fines: a fine of up to $15,000 may be imposed under New Jersey sentencing law
- Presumption of non-incarceration: a person with no prior record is often presumed eligible for probation, though this is not guaranteed
- Immigration exposure: a charge like this can draw federal attention, which is what reportedly happened when the woman was taken into immigration custody over a visa issue
There is also a New Jersey wrinkle worth mentioning, which is that our state limits how much local police coordinate with federal immigration authorities, yet this person still ended up in federal custody. The takeaway for anyone from Cherry Hill to Seaside Heights and across Camden County and Ocean County is the same. A few seconds of anger in public can turn into charges that follow you for years, so it pays to understand the law before you assume a case is minor.
Frequently Asked Questions About These Legal Stories
Who is Todd Blanche and what does an attorney general do?
Todd Blanche is a former United States Attorney nominated to lead the Justice Department as attorney general. The attorney general is the top law enforcement officer in the country and oversees federal prosecutions and Department of Justice policy.
What is the no-contact rule in law?
It is an ethics rule that prevents a lawyer from communicating directly with a person who is represented by another attorney. All communication has to go through that person’s lawyer, and violating the rule can lead to serious professional discipline.
Is simple assault a felony in New Jersey?
In most cases simple assault under N.J.S.A. 2C:12-1(a) is a disorderly persons offense, which is similar to a misdemeanor. It becomes far more serious when it is paired with endangering the welfare of a child, which can be a third degree crime.
Can you be charged with child endangerment for hurting a child who is not yours?
Yes. Under N.J.S.A. 2C:24-4, a person with no legal duty to care for the child can still face a third degree charge for conduct that harms a minor, including a stranger in a public dispute.
How can a criminal charge affect someone who is not a citizen?
Certain charges can draw federal immigration attention and affect a visa or the ability to remain in the country, so a non-citizen’s defense should address immigration consequences from the very start.
Talk With A New Jersey Criminal Defense Attorney Today
The stories in the news change every week, but the legal principles behind them stay the same. Whether it is a confirmation hearing, an ethics rule, or an assault charge at the shore, the law rewards people who understand their rights and act early. That is true for a cabinet nominee and it is just as true for you.
If you or someone you love is facing charges anywhere from the Jersey Shore to Cherry Hill and across South Jersey, reach out to Gelman Law today. Call my office at 856-861-4236 or use the online contact form on our website to schedule a consultation. I am ready to listen, answer your questions, and help you take the next step with confidence.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
