A Trump administration official argued that the White House press secretary could technically be considered a “lawyer.” Legal experts have disputed that argument.

White House press secretary Katie Zacharia did not pass the California bar exam when she took it after graduating from law school, according to a senior administration official.

The official argued that Zacharia could technically be considered a “lawyer,” though not an attorney. Donald Trump referred to Zacharia as an “attorney” in his Truth Social post announcing that he was tapping her as press secretary.

But several lawyers told NBC News that “lawyer” is widely understood to refer to someone who has passed the bar exam and is licensed to practice law.

Zacharia’s failure to pass the bar exam was first reported by The Wall Street Journal. The new White House press secretary is facing questions about her legal credentials after the White House has not said whether Zacharia, who has repeatedly referred to herself as a lawyer, passed the bar exam.

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[–] 1 point 20 hours ago (4 children)

I know it's ridiculous, but you first need to define lawyer and attorney as representing ability to legally practice law. Then you can make falsely claiming this to be illegal. Without defining terms meant to define "represent practicing law," there's nothing to make illegal.

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  • [–] 1 point 19 hours ago (2 children)

    That is not true. More than a few laws have been created, enforced and had judgements executed on them that were vague as fuck. Part of a judge's job is interpreting the law. Defining your terms adds clarity, but that is not a requirement. And were it a requirement, then you just move the goal post to defining your definition.

    You can add the definition:

    Referring to yourself by the terms "lawyer" or "attorney" qualify as representing yourself as one who practices or may practice law.

    Well what do you mean by "referring"? In writing? Verbally? In specific contexts? While soliciting business? Do you have to specifically say "I am a lawyer" or does implying you are one counts?

    What do you mean by "yourself"? Your qualifications? Your clothing/appearance? Your mindset? Your future goals? Your idealized self?

    You get the point. If you had to list every single way that a law could be broken, and define every single term within it (and within that, and within that, and within that, ad nauseum), then absolutley no law would be enforceable. Some amount 9f colloquial understanding of terms is required, as is intent.

    That's why people argue about the actual meaning of the 2nd Amendment, for example. They argue about the framers' intent, context, verbiage, historical precedent, practicality, etc. and lawyers and judges OFTEN come up with conflicting interpretation. That doesn't mean that the law gets thrown out. It means that judicial interpretation, precedent, practicality, and stare decisis (i.e. deference to the decisions of a higher court) all have a part to play in law.

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  • [–] 1 point 17 hours ago (1 child)

    It's not that they cannot be held by a court to be illegal, it's that it's not explicit and can be argued away by a good team. This means the expense to try such a case grows and puts pressure on them not to. Trying it and failing also weakens the current law when applied to normies, which they cannot have either. In this case I'm sure the combination of politics and these loopholes mean it wouldn't be tried.

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  • [–] 1 point 17 hours ago*

    Reasonable doubt would be the standard then. But also it's ultimately an academic question because no prosecutor that isn't being a pedantic and/or vindictive asshole will try someone for this statute violation based on someone erroneously representing their credentials but not acting upon that misrepresention. This law is meant to protect people from fraudsters claiming to be lawyers. Not for the law equivalent of stolen valor. It's still illegal (and sad/scummy) but no one is going to waste their time trying this case.

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