Donziger's lawyers argued that this appointment violated separation-of-powers principles set out in the Constitution delineating the authority of the three branches of the U.S. government. In 2011, an Ecuadorian court entered an $18 billion judgment that was later reduced to $9.5 billion against Chevron for contamination resulting from oil production. In 2014, Kaplan concluded in that case that the Ecuadorian judgment against Chevron in Ecuador was obtained fraudulently through a corrupt process, rendering it unenforceable in the United States. When Chevron suspected Donziger was violating a related ban on trying to monetize or profit from the judgment, Kaplan ordered him to turn over electronic devices and email accounts for examination. After federal prosecutors in Manhattan declined to take the case, Kaplan in an unusual move tapped a private lawyer, Rita Glavin, to lead the prosecution of Donziger.

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