Category: Law

  • John Yoo takes leave from Berkeley law faculty

    Former Bush Administration official John Yoo has temporarily traded his job on the law faculty at the University of California, Berkeley, for a teaching gig in more conservative Orange County, CA.

    Yoo, one of the architects of the Bush policy on torture, is spending this semester as a visiting professor at the relatively new Chapman University School of Law, which opened in 1995, reports the Los Angeles Times.

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    The Times suggests that one factor in his decision may have been the hostile reception he was getting in ultra-liberal Berkeley, where city leaders branded him a war criminal, and human rights activists erected a billboard to denounce him.

    Yoo, a former deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, was a primary author of memos that argued that the president’s authorization of controversial interrogation tactics did not violate the Geneva Conventions.

    The memos, which were later withdrawn by the Justice Department, justified harsh treatment of prisoners at Guantanamo Bay and elsewhere, including the controversial waterboarding technique.

    But in an interview in his Chapman office, Yoo denied that Berkeley’s liberal tilt had anything to do with his decision. A tenured faculty member at Berkeley, he said he took the visiting professorship because he wanted to spend on a smaller, newer campus and to experience living in Southern California.

    “I certainly don’t get upset about being criticized,” he said. “I would feel I wasn’t doing my job as an academic if I wasn’t writing or saying things that other people disagreed with.”

    For the most part, students at Chapman have taken Yoo’s presence in stride, according to the Times.

    “I think it’s interesting to have him there,” said Billy Essayli, a second-year law student who heads the campus California Republican Lawyers Association. Still, Essayli conceded that he was surprised there wasn’t a greater public outcry at Yoo’s arrival in January.

    A statement encouraging civil debate is posted on the website of Chapman by Dean John C. Eastman.

    “It would be simple for academic institutions to ignore views from one end or the other of the political spectrum,” Eastman wrote. “Indeed, all too many law schools have faculties that are much too homogenous with respect to their views on contested matters. We, on the other hand, pride ourselves on having built a law school that is now one of the most ideologically diverse in the nation.”

    But now, some members of the Berkeley community who organized against him there are mobilizing to come to Orange County.

    The anti-war activist group, World Can’t Wait, maintains a website in protest, www.firejohnyoo.org, and said it hopes to stage panels and distribute petitions at Chapman.

    Yoo, however, shows no sign of being intimidated.

    Last month, he wrote an opinion piece in the Wall Street Journal criticizing President Barack Obama, saying that his decisions to close Guantanamo and to terminate the CIA’s authority to interrogate terrorists had opened the door to future terrorist acts in the U.S.

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    • Can Arthur G. Sulzberger III go from cub reporter to savior?

      February 19, 2009 at 5:28pm

      Following in his father’s footsteps, Arthur G. Sulzberger III reports to work Monday as a Metro desk reporter at The New York Times.

    • Latham & Watkins is feeder firm for Justice Department

      Administrations come and go, but Latham & Watkins remains a constant – a white-shoe law firm that serves as a de-facto farm team for the U.S. Justice Department, regardless of a president’s political leanings.

      “We’ve said it once and we’ll say it again: Young law dogs with Department of Justice aspirations should consider Latham & Watkins,” advised the Wall Street Journal’s Law Blog. “The firm seems to be the DOJ’s home away from home.”

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      The latest defection is partner Kathryn Ruemmler, who has just been tapped as principal associate deputy attorney general in President Barack Obama’s Justice Department. Reummler is a superstar litigator who had previously been part of the government’s Enron prosecution team.

      The revolving door is also swinging in the other direction. While Ruemler heeds the call of government service in a Democratic administration, Alice S. Fisher, the Justice Department’s criminal division chief who oversaw high-profile prosecutions in counterterrorism and corporate fraud under George W. Bush, recently returned to the firm’s ranks.

      And the two are hardly exceptions.

      Other Latham & Watkins alumni who worked in the Bush Justice Department include heavyweights Michael Chertoff, who was assistant attorney general before becoming secretary of the Department of Homeland Security; and Philip Perry, the vice-president’s son-in-law who served as associate attorney general before becoming general counsel for the Homeland Security department.

      Serving in earlier Democratic and Republican administrations was partner Beth Wilkinson, who prosecuted Timothy McVeigh for the Oklahoma City bombing and who subsequently married Meet the Press moderator David Gregory.

      Expanding beyond the Justice Department, the list of the firm’s notable alumni is even broader including Bruce Babbit, the former governor of Arizona and U.S. secretary of the Interior; Securities and Exchange Commission Chairman Christopher Cox; and former Internal Revenue Service Commissioner Fred T. Goldberg.

      Although the firm is headquartered in Los Angeles, it has offices throughout the world, including in Abu Dhabi, Barcelona, Brussels and Paris.

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      • Former HUD colleagues Cuomo, Gillibrand, cited as Senate prospects

        January 22, 2009 at 12:40pm

        With Caroline Kennedy out, who is the frontrunner to replace Hillary Clinton as New York’s representative in the U.S. Senate?

      • Top Madoff players hire lawyers with ties to SEC, Justice department

        Key players at Bernard L. Madoff Investment Securities Inc. have hired some of the best-connected lawyers in the business.

        Madoff’s attorney is Ira Sorkin, who once headed the New York office of the U.S. Securities and Exchange Commission and who also worked as a federal prosecutor in New York.

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        Sorkin’s specialty at Dickstein Shapiro LLC is white collar criminal defense and SEC enforcement actions. He also speaks on topics such as “Coordinating a Response to Allegations of Financial Fraud,” according to his page on the firm’s website.

        Frank DiPascali, Madoff’s chief financial officer, is represented by Marc Mukasey, the leader in the white collar criminal defense practice of Bracewell and Giuliani and stepson of U.S. Attorney General Michael Mukasey.

        While DiPascali has not been charged, he has been described as a key figure in the separate staff that worked closely with Bernard Madoff on the 17th floor of the firm’s office at the Third Avenue building known as the Lipstick Tower. That operation, which is believed to have orchestrated Madoff’s alleged $50-billion Ponzi scheme, had its own computer systems, and did not process its trades through the Madoff firm.

        The junior Mukasey has declined to say whether DiPascali is a target of investigators. But he, too, brings considerable strengths as a defense attorney: He worked for eight years as an assistant federal prosecutor; before that, he was a staff attorney for the SEC prosecuting securities fraud, according to his staff bio.

        The elder Mukasey recused himself from the case yesterday, citing conflicts of interest because of his son’s role. In addition, Michael Mukasey is a 1959 graduate of the Ramaz School, a modern Orthodox Jewish school in New York that invested as much as $6 million in a fund that was a Madoff client, said Kenny Rochlin, Ramaz’s director of institutional advancement.

        Madoff’s sons, Andrew and Mark, who first reported their father after he purportedly confessed to defrauding investors, have retained Martin Flumenbaum, senior partner in the litigation department of Paul, Weiss, Rifkind, Wharton & Garrison.

        Flumenbaum is considered one of the nation’s top litigators, representing Hollinger International and American International Group Inc., among other deep-pocketed clients.

        He is also a former assistant federal prosecutor who led the successful tax prosecution of Sun Myung Moon in 1982, according to the biography posted on his firm’s site.

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        • Schapiro likely to be questioned about Madoff ties

          December 19, 2008 at 11:30am

          Mary L. Schapiro, Barack Obama’s pick to head the Securities and Exchange Commission, is being described as the right person to help restore the commission’s battered reputation.

          “If there is anybody who is going to reinvigorate the SEC, it is Mary,” David M. Becker, the commission’s former general counsel, told The Washington Post. “I have no doubt that with her leading the SEC, it will show its teeth whenever necessary.”

        • Kevin Ring is the latest Jack Abramoff associate to be indicted

          Another member of jailed lobbyist Jack Abramoff’s team has been indicted as part of the Justice Department’s continuing probe of the corruption scandal that traumatized Washington and helped Republicans lose control of Congress in 2006.

          Kevin Ring, 37, a onetime aide to California Rep. John Doolittle, pleaded not guilty yesterday to 10 charges of conspiracy, fraud and obstruction of justice in an alleged scheme to lavish gifts on lawmakers and government officials in exchange for favors to his clients, many of them Indian tribes.

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          Ring allegedly proffered such favors as all-expense-paid domestic and international travel, fund-raising assistance, meals, drinks, golf, tickets to professional sporting events and concerts, and jobs for spouses and staff, the indictment said.

          His co-conspirators are listed as convicted former U.S. Rep. Bob Ney, an Ohio Republican recently released from jail, employees of two other unidentified lawmakers and unidentified officials of the U.S. Departments of Justice and Interior.

          On Capitol Hill, Ring had once been a rising star, working as an aide to Republican Rep. John Doolittle of California from 1993 to 1998. In 1998, he got a job with the Senate Judiciary subcommittee and in 1999 was executive director of a Republican caucus in the U.S. House of Representatives before joining Abramoff as a lobbyist.

          In 2002, he as named “Top Rainmaker” in a ranking of lobbyists by The Hill newspaper.

          Prosecutors said yesterday that the corruption investigation is continuing and others may still be charged.

          Tpmmuckraker points out that Ring’s indictment makes over 100 references to “Representative 5′ – apparently Doolittle, the California Republican and member of the Appropriations Committee, for whom Ring once worked.

          According to the papers, Ring expensed at least one suite for a sports event, eight concert tickets (including for the Dixie Chicks and Faith Hill), and five meals totaling more than $2,000 for Doolittle. He also bought 29 sports tickets, four concert tickets, nine meals, and one gift from Macy’s for Doolittle’s staff, particularly his legislative director, the indictment charges.

          In return for those gifts, the indictment says that Doolittle proved himself “a good soldier” by chairing a hearing on the Puerto Rico statehood issue for an Abramoff client and holding up his opposition to an anti-gambling bill, among other favors.

          Doolittle announced in January that he would not seek re-election. His attorneys complained in a statement yesterday that “portions of the Kevin Ring indictment were designed to make gratuitous references to the Congressman and his wife. This appears to have been done to titillate the public, with the foreseeable and therefore intended consequence of attempting to embarrass and pressure the Congressman.”

          Tpmmuckraker also identifies Rep. Heather Wilson of New Mexico as another lawmaker believed to be in prosecutors’ sights.

          The Abramoff investigation has ensnared only one congressman to date – Ney, who was released from prison last month after serving 17 months of a 30-month jail sentence.

          But besides the conviction of Abramoff, prosecutors have also won the convictions of a number of lobbyists, aides to lawmakers and government officials, according to a Department of Justice press release, including:

          • Former lobbyist Michael Scanlon, who pleaded guilty to conspiracy to commit bribery and honest services fraud.
          • Former lobbyist and congressional aide Tony C. Rudy who pleaded guilty to honest services fraud, mail and wire fraud.
          • Mark D. Zachares, a former high-ranking aide to the U.S. House of Representatives Transportation and Infrastructure Committee, who pleaded guilty to conspiracy to commit honest services fraud and wire fraud.
          • John C. Albaugh, a former chief of staff to ex-Rep. Ernest Istook (R-OK) who pleaded guilty to conspiracy to commit honest services wire fraud.
          • Robert Coughlin, a former Department of Justice employee, who pleaded guilty to a conflict of interest.
          • Italia Federici, president of the Council of Republicans for Environmental Advocacy, who pleaded guilty to tax evasion and obstruction of the U.S. Senate’s investigation into the Abramoff scandal.
        • Detroit mayor Kwame Kilpatrick admits to felony charges (Muckety.com)

          Detroit Mayor Kwame Kilpatrick has agreed to plead guilty to two felony charges, ending a long, scrappy battle to stay in office.

          Kilpatrick agreed to plead guilty to two counts of obstruction of justice, for committing perjury. He will serve four months in jail and five years’ probation, and will pay up to $1 million in restitution.

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          Kilpatrick and his former chief of staff, Christine Beatty, were indicted in March on charges of perjury, obstruction of justice, misconduct in office and conspiracy. At the time, he had pledged to fight efforts to remove him from office.

          An investigation of Kilpatrick’s activities was launched after the Detroit Free Press revealed in January that text messages showed Kilpatrick and Beatty had lied under oath when they denied having an extramarital affair.

          The messages also showed that the two provided misleading testimony about firing former Deputy Police Chief Gary Brown after he and former mayoral bodyguard Harold Nelthrope began investigating rumors of a party at the mayoral mansion.

          Kilpatrick, elected in 2002 at age 31, was the youngest mayor in Detroit history. He is the son of U.S. Rep. Carolyn Cheeks Kilpatrick.

          His successor, Ken Cockrel Jr., also comes from a political family. His father, the late Ken Cockrel Sr., was a Detroit city councilman and civil rights activist.

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        • Smurfs promoter Stuart R. Ross charged with extortion

          Stuart R. Ross, the man who brought the Smurfs to America, would seem to be starring in his own made-for-TV production, but it’s hardly a cartoon.

          On Friday, Manhattan District Attorney Robert M. Morgenthau accused Ross, 71, and his lawyer of trying to extort up to $11 million from his son-in-law, David S. Blitzer.

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          Blitzer, 38, a London-based senior managing director with Blackstone LP, the private equity giant, is married to Ross’ daughter, Allison Blitzer.

          According to the district attorney’s office, Allison Blitzer and her father have been estranged for approximately six years and he has never met her children.

          The arrest marks a fall from grace for Ross, a lawyer and entrepreneur who reportedly spotted the little blue cartoon Smurfs in Belgium while vacationing in 1976.

          He purchased the North American distribution rights and then teamed with Wallace Berrie & Co. to distribute Smurfs merchandise.

          NBC then created a television cartoon show based on the characters.

          According to Morgenthau’s office, Ross began making monetary demands on Blitzer in December 2007 when he asked for money to start a business venture.

          Blitzer sent him $15,000 in January. He sent another $50,000 in May, saying that would be the last money he would give.

          In June, Ross demanded another $50,000 to $100,000. In one message, he vowed to “commit open warfare” if Blitzer didn’t send money.

          He also threatened to go to the media with accusations that he said would “damage Blitzer’s reputation, ruin his career and even lead to his arrest.”

          By July, Ross allegedly got help in his efforts from Stuart Jackson, 79, a friend and Manhattan lawyer. Jackson has also been charged with attempted grand larceny in the case.

          At one point, Ross berated Blitzer for not cooperating with Jackson.

          “David, this is your worst nightmare. Your father-in-law Stuart Ross,” Ross said in a phone call, according to the criminal complaint.

          “You have been a discourteous prick to Stuart Jackson. I am going to continue to harass you. I am going to call you every day – four or five times a day – I am going to keep calling – I will continue to harass you.”

          On Aug. 5, Ross allegedly told Blitzer that for $5.5 million he would give up any right he had to visit his daughter or grandchildren. And he said he wouldn’t communicate with Blitzer or anyone at Blackstone.

          On Aug. 6, in a letter to Roger L. Stavis, Blitzer’s attorney, Jackson allegedly said he wanted twice as much, $11 million.

          Stavis contacted the district attorney’s office before getting back to Jackson. On Aug. 21, Jackson and Ross met with Blitzer and Stavis. At that meeting, Blitzer agreed to pay $400,000 to Ross. Blitzer then gave Ross a $50,000 check.

          The next day, police arrested Ross and Jackson, who face up to seven years in prison if convicted.

          On Aug. 22, Blitzer also filed a civil suit against Ross.

          According to Bloomberg.com, the suit states that Ross lost the licensing rights to the Smurfs and then had other setbacks because of “profligate spending, bad business decisions and a drinking problem.”

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        • Judge rules that White House staffers can be subpoenaed (Muckety)

          A setback for the Bush administration came from a Bush appointee and former Kenneth Starr associate today.

          Federal Judge John D. Bates ruled that two Bush staffers, one no longer at the White House, do not have absolute immunity from testifying before the House Judiciary Committee.

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          “The Executive’s current claim of absolute immunity from compelled congressional process for senior presidential aides is without any support in the case law,” Bates wrote in his 92-page decision.

          Bates stresses that his decision is “very limited.” Nonetheless, it contrasts with two earlier decisions, both controversial, in which he sided with the White House.

          In 2002, Bates dismissed the General Accounting Office’s attempt to have Vice President Dick Cheney reveal the names of the members of his energy task force. Bates ruled that the GAO did not have standing to sue.

          In 2007, Bates threw out a lawsuit filed by Valerie Plame and her husband, Joseph Wilson, against Cheney and I. Lewis “Scooter” Libby, Cheney’s aide.

          Plame had sued on the grounds that Cheney and Libby helped reveal to the press that she was a CIA operative.

          Bates dismissed that lawsuit for jurisdictional reasons, as well.

          If it stands, today’s decision means that Harriet Miers, the former Bush White House counsel, and Joshua Bolton, the current White House chief of staff, have to appear before the judiciary committee.

          They could at that time choose not to respond, Bates wrote.

          The committee subpoenaed Miers and Bolton to testify in the matter of the forced resignation of nine U.S. attorneys in 2006. Democrats have argued that the attorneys were asked to leave for political reasons.

          The White House insisted that Miers and Bolton had immunity because of their positions in the executive branch.

          The judiciary committee then sued.

          Bates, 61, was named to the district court in 2001 by Bush.

          A graduate of Wesleyan University and University of Maryland’s School of Law, he was in the U.S. Army for three years, serving a tour in Vietnam.

          Later, he clerked for a federal judge and was an assistant U.S. attorney for the District of Columbia.

          From 1995 to mid-1997, Bates was deputy independent counsel for the Whitewater investigation headed by Kenneth Starr.

          In 2005, Chief Justice William Rehnquist of the U.S. Supreme Court appointed Bates to serve on the U.S. Judicial Conference Committee on Court Administration and Case Management.

          In 2006, Chief Justice John Roberts, Rehnquist’s successor, appointed Bates to the U.S. Intelligence Foreign Surveillance Court.

          The court decides on requests for surveillance warrants against foreign intelligence agents.

          The White House did not indicate today whether it would appeal Bates’ decision. Earlier news reports speculated that the case would be appealed, regardless of outcome.

          In his ruling, Bates encourages both the White House and the judiciary committee to “resume their discourse and negotiations in an effort to resolve their differences constructively, while recognizing each branch’s essential role.”

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