Contributors

Charlie Gerstein

Lawyer

Civil Rights Corps

Charlie is a lawyer at Civil Rights Corps, a non-profit in Washington, DC, that fights injustice and inequality in the criminal system, and an adjunct professor of law at Georgetown Law Center. In 2018, Charlie founded an initiative at Civil Rights Corps examining systemic problems with indigent-defense systems. He litigates cases across the country challenging structural threats to the independence of defense counsel as well as cases challenging unconstitutional pretrial systems.

Charlie has litigated complex class-action cases from investigation through trial, and has successfully formulated novel litigation strategies to challenge pervasive injustices.

  • Willey v. Ewing, 18-CV-81 (S.D. Tex. 2018): Charlie served as lead counsel in first-of-its-kind challenge to judicial interference with public-defender independence. Case resolved by consent judgment, and covered extensively in the New York Times and Texas Monthly.
  • Little v. Frederick, 17-CV-724 (W.D. La.): Charlie served as lead counsel in class-action challenge to Lafayette, Louisiana’s money-bail system from investigation, through motion-to-dismiss briefing, discovery, summary-judgment briefing, and trial. Currently awaiting verdict in bench trial.
  • Weatherspoon v. Oldham, 17-CV-2535 (W.D. Tenn. 2018): Charlie served as lead counsel in successful federal habeas-corpus case challenging illegal money-bail practices in Memphis, Tennessee. See Weatherspoon, 2018 WL 1053548 (W.D. Tenn. Feb. 26, 2018).
  • Lomas v. Harris County, 16-CV-3745 (S.D. Tex. 2017): Charlie served as lead counsel in successfully resolved class-action challenge to probable-cause practices in Harris County, Texas.
  • Parga v. Board of Commissioners of County of Tulsa, 18-CV-298 (N.D. Okla.): Charlie served as lead counsel in putative class-action challenge to money-bail system in Tulsa County, Oklahoma, from investigation through motion-to-dismiss briefing. Successfully briefed motion for reconsideration of order dismissing case as moot. See Parga, 2019 WL 1231675 (N.D. Okla. Mar. 15, 2019), vacating Parga, 2018 WL 6048016 (N.D. Okla. Nov. 19, 2018). Charlie currently serves as counsel during discovery.
  • Hernandez v. City of Houston,16-CV-3745 (S.D. Tex.): Charlie served as lead counsel in class-action challenge to probable-cause practices in Houston, Texas, from investigation through motion-to-dismiss briefing. See Hernandez, 2017 WL 2463636 (S.D. Tex. June 6, 2017) (denying motion to dismiss).Charlie served as counsel during discovery, class-certification, and summary judgment briefing, as well as during a successful motion for discovery sanctions. See Hernandez, 2019 WL 2869157 (S.D. Tex. July 3, 2019) (granting class certification); Hernandez, 2018 WL 4140684 (S.D. Tex. Aug. 30, 2018) (granting sanctions).   

Charlie has written extensively on a wide range of legal issues. He is the author of Dependent Counsel, 11 Stan. J. C.R.-C.L. __ (forthcoming 2020); The Prisoner's Lawyer's Dilemma, Criminal Justice Magazine, Spring 2017, at 33; Plea Bargaining and Prosecutorial Motives, 15 U.N.H. L. Rev. 1 (2016); Process Costs and Police Discretion, 128 Harv. L. Rev. F. 268 (2015) (with J.J. Prescott); Note, Plea Bargaining and the Right to Counsel at Bail Hearings, 111 Mich. L. Rev. 1513 (2013); Accomplices, in The Encyclopedia of Criminology and Criminal Justice (Dr. Jay S. Albanese ed., 2013); and Essay, What Can the Brothers Malone Teach us About Fisher v. University of Texas?, 111 Mich. L. Rev. First Impressions 1 (2012). He is the co-host of the weekly podcast Versus Trump (archived recordings) and is a regular contributor to the Take Care blog (archived posts).

In addition to (and separate from) his work at Civil Rights Corps, Charlie has worked in voter-protection for several election cycles. In 2018, he served as Co-Director for Navajo Nation Voter Protection for the Democratic Party of Arizona; in 2017, he served as a boiler-room volunteer for the Doug Jones campaign, and a poll observer for the Democratic Party of Virginia; and in 2016, he served as a poll observer for the Hillary Clinton campaign in Pennsylvania. 

In his spare time, Charlie maintains an active pro bono practice. In the last several years, he wrote sections of the motion to dismiss­–response brief for the Plaintiffs in a suit against the Trump Presidential Campaign and Roger Stone, Cockrum v. Donald J. Trump for President, Inc., 17-CV-1370 (D.D.C. 2018); represented an author in a complex immigration matter related to eligibility for U.S. royalties on publications; represented a veteran in successfully resolved dispute with a for-profit college over misstated VA-benefits eligibility; represented an injured worker in a workers’-compensation matter, resulting in $10,000 settlement; and represented a debtor in a Fair Debt Collection Practices Act matter resulting in cancellation of all outstanding debt.

Charlie graduated summa cum laude from the University of Michigan Law School in 2014, finishing second in his class. After law school, Charlie clerked for the Honorable J. Paul Oetken of the Southern District of New York and the Honorable Pierre N. Leval of the Second Circuit. Before law school, Charlie was a public-defense investigator. Before that, he was a chef. And before that, he worked in landscaping and played guitar in a band.

The views Charlie expresses in his writing and on the Versus Trump podcast are entirely his own. They do not reflect, in any way, the views of Civil Rights Corps—or anyone else for that matter.

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Versus Trump: We're Famous! And There Are Articles

12/12/19  //  Commentary

On this week’s Versus Trump, Jason, Charlie, and Easha respond to Rep. Matt Gaetz's shoutout to this podcast during the Judiciary Committee's impeachment hearings. They then discuss their reactions to the Democrats' strategy with their public hearings and articles of impeachment. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Versus Trump: Two Guns Cases, And More

12/5/19  //  Uncategorized

First, real talk: yes, Versus Trump really did get a shoutout at the impeachment hearings on Wednesday! More on that next week. But on this week’s Versus Trump, Jason and Charlie discuss two guns cases. Listen now!

Charlie Gerstein

Civil Rights Corps

Versus Trump: What Is Bribery?

11/21/19  //  Commentary

On this week’s Versus Trump, Jason, Charlie, and Easha discuss the definition of "bribery" for impeachment purposes, since Nancy Pelosi claimed that's what the evidence is showing at the impeachment hearings. They talk about how Congress and citizens should think about this notoriously slippery idea. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Versus Trump: States vs. Conscience Rule

11/14/19  //  Uncategorized

On this week’s Versus Trump, Jason, Charlie, and Easha discuss a court's opinion vacating the Trump Administration's so-called "conscience rule." This rule would have broadly permitted many employees in the healthcare sector from in any way participating in procedures with which they have religious or moral disagreements—even in emergencies. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Versus Trump: Sanctions Versus DeVos!

11/8/19  //  Uncategorized

On this week’s special edition of Uncle Charlie's Sanctions Corner–wait, we mean Versus Trump—Jason, Charlie, and Easha bring on Eileen Connor of the Project on Predatory Student to discuss a major opinion issuing sanctions against the Department of Education. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Versus Trump: The Coming Exec Privilege Showdown

11/5/19  //  In-Depth Analysis

On this week’s Versus Trump, Jason, Charlie, and Easha talk executive privilege. They outline the legal landscape of several hard questions in this area, like can the President completely prevent executive officials from testifying, and what role do the courts play here? Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco