Legal expert urges courts to stomp all over Stephen Miller's 'lawsuit machine'

According to legal scholar Benjamin Edwards, a recent lawsuit filed by America First Legal, headed by former Donald Trump adviser Stephen Miller, is cause for the courts to come down hard and sanction the right-wing advocacy group for bringing frivolous lawsuits that he called fraudulent.

Noting that Miller's group has filed a security fraud lawsuit against retail giant Target, Edwards wrote for the Daily Beast that the lawsuit has no chance of succeeding and is a waste of the court's time — and that sanctions against America First Legal are called for.

Edwards, the current chair of the Securities Regulation Section for the Association of American Law Schools, wrote that not only should judges issue sanctions, but that the appropriate state bars should investigate the group.

Noting that the Target lawsuit is based on a Miller grievance that the retail chain "sold LGBTQ merchandise and ran a Pride campaign" and thereby defrauded investors, the legal expert labeled the lawsuit fraudulent in its assertions.

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"Functionally, the litigation boils down to griping about how America First Legal fundamentally disagrees with Target’s operational decisions, including the 2023 Pride campaign. But this value judgment does not establish anything approaching securities fraud," he wrote before adding, "To be clear, the lawsuit against Target lacks any plausible basis."

He then explained, "The lawsuit itself resembles a fraud. America First Legal touts its expertise and claims to be waging sophisticated legal fights to advance conservative causes. Yet, the Target litigation reveals an entirely frivolous filing, wasting Target’s money on legal fees and the court’s time to review it."

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According to the attorney, the lawsuit has nothing to do with the law and everything to do with press releases by America First Legal designed to raise money from gullible conservatives.

Based upon that, he wrote, "The lawyers involved, who clearly do not understand securities law, presumably thought they could file a claim with losing the case as the downside risk. But securities litigation carries higher stakes. If the court does its job and follows the law, this should result in sanctions and judicial findings that America First Legal, and its co-counsel Jonathan Berry of Boyden Gray, filed frivolous litigation."

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