* Change you can believe in? It looks like Obama has recruited a few "washington insiders": 8 of the 10 top lawyers he has hired for his transition team are veterans of the Clinton administration. [Bloomberg.com]

* After his hunt yesterday, Justice Antonin Scalia told a room full of big-time Texas lawyers that he disagreed with judges who used foreign law to interpret the constitution. [Houston Chronicle]

* "Protesters galvanized by a dragging death that has stirred memories of the notorious James Byrd case rallied twice outside an eastern Texas courthouse to speak out against a judicial system they consider racist." [Associated Press]

* Are you ready for your close-up Mr. Rehnquist? The Hoover institution released files documenting Rehnquist's first three years on the Court, years filled with land-mark cases like Roe v. Wade and United States vs. Nixon. [New York Times]

* California Attorney general is pushing the Supreme Court to decide the legality of Prop. 8. The Court could begin to act as soon as Wednesday, when they have their weekly conference. [San Jose Mercury News]

* Say it ain't so! Washington regulators have finally opened up the doors on Belgian-based beer company InBev's acquisition of Anheuser Busch, which monopolizes
50% of the US beer market. The merger will make InBev the largest beer company in the world. [Courthouse News Service]

* Sorry Ohio...President-elect Obama is probably going to wait a while before overhauling NAFTA. [Bloomberg.com]

If you've been reading ATL for a while, you may recall our copious coverage of Shanetta Cutlar. She's the high-powered chief of the Justice Department's Special Litigation Section, and she has a reputation -- perhaps deserved, perhaps not -- for being challenging to work for.

In case you don't remember Ms. Cutlar, this message from a former underling, not previously published, sums things up nicely:

I laughed when I saw Shanetta on your blog. Of all the bosses that I have ever had, I probably could not remember any of their names -- except for Shanetta. On the first day, [one female intern] got on the elevator with several people, including Shanetta. She had not yet been introduced to anybody except for the intern superivisors. When she got back to her cubicle/office, she was called to Shanetta's office, where she was thoroughly reamed out by Shanetta for not acknowledging her presence in the elevator. The poor girl was practically traumatized and afterwards was crying at her desk....

The entire office -- and it was a large one -- had a childish atmosphere that was similar to an elementary school playground. Shanetta was the bully/popular girl who was constantly surrounded by her clique, and who was constantly embarrassing other people merely for her own amusement. She called an entire staff meeting in order to publicly reprimand one person for going shopping during their lunch break.

She called [another intern] into her office once in order to berate him about not filling out a form correctly in preparation for an out-of-state trip.... Is it really necessary for the Section Chief to micromanage intern travel forms? All-in-all, Shanetta has something akin to the "little man syndrome," only it would be more aptly named entitled "big-mean-ass-woman syndrome."

Anyway, in response to reader requests for updates on SYC, we finally have some news to report. Shanetta Cutlar has been sued by one former DOJ employee, Ty Clevenger, in federal court (D.D.C.).

Clevenger's pro se lawsuit, filed against Cutlar and several other current and former Justice Department employees, makes claims under Bivens, the Rehabilitation Act (disability discrimination), RICO (a DOJ section as a RICO enterprise = awesomeness), invasion of privacy, libel, and civil conspiracy.

Our favorite part is this tidbit from paragraph 15: "Defendant Cutlar publicly berated a new attorney.... [because that attorney] used a paperclip on a document instead of a binder clip." You can check out the full complaint via the link below.

Clevenger v. Cutlar: Complaint [PDF]

Earlier: Prior ATL coverage of Shanetta Cutlar (scroll down)

If you're in New York today (Sunday) and looking for something to do in the afternoon, consider checking out Thurgood. It's a one-man show about the life of Justice Thurgood Marshall (1908-1993), starring Laurence Fishburne (best known as Morpheus of The Matrix, but with a long list of other film and theater credits).

It's an entertaining and educational production, and Laurence Fishburne turns in a superb performance. As one friend of ours, an ex-theater major, put it, "Fishburne was able to make the audience forget that this is a one-man show."

As one might expect from a play based on the life of a heroic historical figure, Thurgood occasionally verges on the pedantic and preachy ("one person can make a difference"; "we know how far we've come -- but we also know how far we still have to go"). Law nerds might find feel patronized by the more expository parts of the play, like the mini-reviews of Plessy v. Ferguson and Brown v. Board of Education. You can often sense the "message" button being pushed.

But hey, everyone needs a refresher course every now and then. And there are enough interesting bits of biographical trivia -- as well as ample entertainment, in the form of humorous anecdotes from Marshall's life, well-told by Fishburne -- to make you forgive the more didactic or heavy-handed elements.

If you'd like to see Thurgood, you need to act fast; it's closing today. The 3 p.m. matinee is the final performance. You can probably get discounted tickets at the TKTS booth (since Thurgood was there last week, and there were definitely a few empty seats at the performance we attended yesterday).

Additional thoughts -- if you're planning on seeing the play, save these for later, so you can form your own opinions free of taint -- after the jump.

Washington, D.C. is an interesting place to be. Sometimes, it troubles us that the nation's capital seems to represent so many of the ills of the country, with the homeless people that descend in droves in the spring, a football team with the questionably offensive name of "Redskins," and a "murder rank" that puts it in the top 10 for U.S. cities. The latest troubling news here is the need to institute police state measures to curb crime:

D.C. police will seal off entire neighborhoods, set up checkpoints and kick out strangers under a new program that D.C. officials hope will help them rescue the city from its out-of-control violence.

Under an executive order expected to be announced today, police Chief Cathy L. Lanier will have the authority to designate "Neighborhood Safety Zones." At least six officers will man cordons around those zones and demand identification from people coming in and out of them. Anyone who doesn't live there, work there or have "legitimate reason" to be there will be sent away or face arrest, documents obtained by The Examiner show.

The Washington Post explores the legality issue of the checkpoints:

Leaders of the American Civil Liberties Union said yesterday that they will be watching what happens closely and that legal action is likely.

"My reaction is, welcome to Baghdad, D.C.," said Arthur Spitzer, legal director for the ACLU's Washington office. "I mean, this is craziness. In this country, you don't have to show identification or explain to the police why you want to travel down a public street."

Interim Attorney General Peter J. Nickles said that his office reviewed the initiative and that similar efforts had survived court tests.

"I don't anticipate us being sued," Nickles said. "But if you do want to sue us, the courts are open."

We like Nickles's feistiness. The former Covington & Burling partner isn't afraid of turning D.C. into a police state or of giving the D.C. AG's office a Biglaw glow.

Lanier plans to seal off rough 'hoods in latest effort to stop wave of violence [Washington Examiner]
D.C. Police to Check Drivers In Violence-Plagued Trinidad [Washington Post]

A teenage girl has filed a lawsuit against Harrison, N.Y. police officers for violating her civil rights. According to the complaint, the police came to arrest the girl's boyfriend for marijuana possession. While conducting a search of the house, they got overly friendly with the girl during her patdown, seized her sex tape, and played with her anal beads.

The Smoking Gun has the filed complaint along with the story. We've added some line breaks for your reading pleasure:

The girl claims that police watched the video in her presence "while laughing," and that they put a camcorder in her face and "mockingly" asked her questions about the explicit video as it played. She also alleges that a Harrison detective told her, "I should beat your ass for this. I hope your parents beat your ass."

The teenager claims that the investigator also retrieved anal beads from a bedroom, put them in her face, and asked, "What do you do with these -- put them in your mouth?"

The girl charges that cops subsequently played the video "sufficiently close to the cell in which the boyfriend was incarcerated so that he could hear the audio component of the video," and that they laughed about the video and made "repeated references by name to his girlfriend as she was depicted on the video."

She also contends that the Harrison officers "thereafter played the video for other members of the department to watch for their amusement, sexual gratification, and to further degrade Plaintiff."

Yet another reason not to make a sex tape.

We might have left the little anecdote about the anal beads out of the complaint. That's just plain embarrassing.

Girl Sues Cops Over Sex Tape "Screening" [Smoking Gun via Drudge]

Last month we asked you which holidays you worked on, or expected to work on, during 2007. About half of you reported that you had worked on Martin Luther King Jr. Day.

In today's ATL / Lateral Link survey, we see how you fared last week. Did you take the day off to honor a champion of civil rights, or did you make it a "day on"?

Thanks for participating. We'll share the results with you next week.

In the meantime, at least one of you noticed that I am not Dave Lat. I'm actually Justin Bernold, a Director in Lateral Link's Boston office. I'm also a friend (and fan) of Dave's from college and the author of, among other things, the Associate Pirate (Arr is for Resume!) blog.

* Top candidates turn to trial lawyers for support. [Washington Post]

* More recusal requests expected in WV Supreme Court. [WSJ Law Blog]

* Former NFL player's wife files malpractice suit over surgery. [ESPN]

* Suffrage suffers in Mexico. [MSNBC]

* How to count primary delegates (and an explanation of the "superdelegates"). [New York Times; New York Times]

* "It's just not realistic" to present major new initiatives, but the SOTU will still be on every channel tonight. White House speechwriters are not on strike. [CNN]

* Super-litigator Tom Barr of Cravath, RIP. [New York Times (death notice); WSJ Law Blog]

Today we celebrate the birthday of Dr. Martin Luther King, Jr., the pioneering civil rights leader. Dr. King's birthday was actually on January 15th, but the holiday is observed on the third Monday of January each year.

Many of you are not in the office today, in honor of the holiday. If you're not at work, we hope that you are enjoying the day off. (We are around, but will be posting less than usual.)

If you are looking for something to do, we suggest that you treat today as an opportunity for public service. You can look up a service project in your area at MLKDay.gov.

Happy Martin Luther King Jr. Day!

Blawg Review #143 [Public Defender Stuff via Blawg Review]
Martin Luther King, Jr. Day of Service [MLKDay.gov]

If you're thinking of moving from private practice to government, you should be prepared to take a hit in perks as well as pay. Sure, your hours will be better -- just avoid the S.D.N.Y. -- and you might even get a free flu shot. But you won't have the fancy offices, the swanky lunches, or round-the-clock support staff. Sometimes you'll have to make your own photocopies.

It is not, however, all doom and gloom. In the past, Department of Justice employees got to enjoy four-dollar meatballs (plus $13,000 in brownies). And now we hear that for at least one DOJ diva, work was a day at the beach -- quite literally.

From Al Kamen of the Washington Post:

[T]he acting deputy director of the [voting rights] section, Susana Lorenzo-Giguere, has been accused of collecting a $64 per diem, including on weekends and the Fourth of July, while spending half of June and most of July and August with her husband and kids at their beach house on Cape Cod.

The allegation, made to the department inspector general apparently by someone linked to the Boston regional office, was that Lorenzo-Giguere made "multiple" government-paid trips to the Cape and that she improperly said that "her presence on Cape Cod was necessary pending litigation in Boston," which was in the courts over the summer....

The complaint also alleged that Lorenzo-Giguere "spent little time in Boston" this summer and did little work on the case. Also, what supervision and oversight she provided was done by phone to Boston while she "remained on the beach," and she would have been able to do this from her office in Washington.

C'mon, folks -- cut Susana some slack. Her kids needed her; building sandcastles is no easy task. And she probably looks great in a swimsuit, too.

More about Ms. Lorenzo-Giguere, after the jump.

The Human Rights Campaign has some answers. HRC, which is the largest national gay, lesbian, bisexual and transgender civil rights organization, recently released its annual list of Best Places to Work. And law firms were prominently represented:

[T]he Human Rights Campaign Foundation released a report showing that numerous large U.S. law firms are providing important benefits and protections for their gay, lesbian, bisexual and transgender (GLBT) attorneys and staff. In this year’s report, which is part of the Human Rights Campaign Foundation’s broader Corporate Equality Index, 30 law firms earned the top rating of 100 percent. 80 law firms earned scores of 80 percent or above.

You can see the list of top firms by clicking here (PDF; scroll down to page 48). Alas, no 100 percent rating for Sullivan & Cromwell, of Charney v. S&C fame -- despite their generous gifts of Kiehl's products at LGBT job fairs.

But our friends at Nixon Peabody earned a perfect score. Will they commission a theme song to celebrate? Like "Everyone Loves Gay People at Nixon Peabody"?

Correction: In an earlier version of this post, we linked to (and reprinted info from) this page on the HRC website. But an HRC rep has informed us that the page hasn't been updated from last year, and still reflects scores from the 2007 report.

HRC Corporate Equality Index -- 2008 [Human Rights Campaign (PDF)]

Ed. notes: First, B. Clerker is unavailable this morning, so we're doing Morning Docket ourselves. Second, by the time you read this, we'll be attending this event. But we've arranged for previously written posts (like this one) to be published in our absence.

* John Edwards tries to put a noble spin on the financial desperation of his flailing campaign. Stick a fork in him; he's done. [WP; NYT]

* Jena One released on bail. [AP]

* Fourteen "high-value" terrorism suspects will be allowed to request lawyers. KSM will use his to sue Teleflex. [WP]

* In Pakistan, the Supreme Court gets involved in elections too. From the gallery: "Go, Musharraf, go!" [AP via WP]

* Set your TiVo, judicial groupies: Justice Thomas will be on 60 Minutes this Sunday. Thankfully, his interview -- in which he's rumored to call Anita Hill "a nappy-headed ho" -- doesn''t conflict with the season premiere of Desperate Housewives. [WSJ Law Blog]

We're deep into the lazy days of August -- and today is Friday. So of course there's news of a high-profile resignation from the Department of Justice.

From the New York Times:

The head of the Justice Department’s civil rights division announced Thursday that he was resigning, the latest in a long string of departures from the department in the midst of a furor over the leadership of Attorney General Alberto R. Gonzales.

The department said that the resignation of the official, Assistant Attorney General Wan J. Kim, had nothing to do with the recent controversies over Mr. Gonzales’s performance, and that Mr. Kim had been planning his departure for months.

We can confirm that. Kim's resignation, effective at the end of this month, does not come as a surprise to DOJ insiders. Recall what we wrote in these pages almost two months ago:

Assistant Attorney General Wan J. Kim, who oversees the Justice Department's important (and controversial) Civil Rights Division, will step down from his post before the end of the year. He was sworn in as AAG in November 2005, so by this fall he will have held the job for two years -- a long-enough stint in that position.

So stick with us, kids. We bring you the legal news as -- and sometimes even before -- it happens.

(Another DOJ departure: Bradley J. Schlozman, who preceded Kim in heading the CRD (on an acting basis). We hear that Schlozman won't exactly be missed, even by fellow conservatives at Main Justice.)

Civil Rights Division Head Resigning at Justice Dept. [New York Times]
Statement of Attorney General Alberto R. Gonzales on the Resignation of Assistant Attorney General Wan J. Kim [U.S. Department of Justice]

Earlier: Musical Chairs: Another Rumored DOJ Departure

Some of you have been asking for updates on Shanetta Cutlar, the high-powered Department of Justice lawyer who has generated some colorful stories in the past. If you're not familiar with her, click here, and browse through the archives.

We don't have anything terribly new to report on her. We hear that she has been on her "best behavior" ever since we started writing about her.

But since this is ATL Wayback Weekend, we're happy to pass along something from back in June, which we never got around to writing up back then. A reader drew our attention to this Washington Post Career Track live web chat:

Washington, D.C.: I am a young attorney for the federal government. I loathe my current position because of a very moody and difficult supervisor (the situation is so horrible that half of my office is currently looking for new employment). I am desperate to leave this position, I am extremely stressed because of the work environment created by this supervisor. I have applied for 11 other federal positions.

While I wait to (hopefully) hear about one of those positions, can you recommend any other possible job search options? I really want to leave this position as soon as possible and I've only worked for the federal government (two years since law school).

Hmm... We wonder who this person's boss might be. Any suggestions?

Discussion continues after the jump.

Thanks for the reminder. In an earlier post, we wrote: "We've been hearing interesting rumors about some possible departures at the Assistant Attorney General (AAG) level." And since today is Friday, the favored day for DOJ resignations, we figured we might as well squeeze this in before lunchtime.

Some of the rumors have already come to pass -- like the departure of Eileen O'Connor, as head of the Tax Division, and the departure of Rachel Brand, as head of the Office of Legal Policy. But there's one resignation rumor that's still outstanding.

We hear that Assistant Attorney General Wan J. Kim, who oversees the Justice Department's important (and controversial) Civil Rights Division, will step down from his post before the end of the year. He was sworn in as AAG in November 2005, so by this fall he will have held the job for two years -- a long-enough stint in that position.

If Wan Kim does resign from the Civil Rights Division, he can hardly be blamed. Getting scolded on Capitol Hill isn't much fun. Especially when most of the things you're getting scolded about are the fault of your predecessor, former Acting AAG Bradley J. Schlozman (who is allegedly not the nicest guy in the world, according to some people).

Senators Deride Justice Reassignments [Washington Post]

Earlier: Why Did the Prom Queen Leave the Party?
Musical Chairs: Rearranging the Proverbial Deck Chairs at Main Justice?

* It's hard out here for a suburban, country club dwelling, former porn star pimp. [Atlanta Journal-Constitution]

* And by "reshape" we mean "slowly eliminate altogether." [New York Times]

* House closes VT gun background check loophole. [Jurist]

* Only difference is, once I get my pants on, I make gold records! [CNN]

* It's also hard out here for a disabled, middle-aged, drug-dealing pimp. [Atlanta Journal-Constitution]

Ty Clevenger, a former attorney in the Special Litigation Section ("SPL") of the Justice Department's Civil Rights Division, is the one who got the ball rolling with respect to colorful anecdotes about Shanetta Cutlar, the charismatic and strong-willed chief of the Section.

Clevenger sent a letter to Deputy Attorney General Paul McNulty raising concerns about Cutlar's leadership of SPL. Shortly thereafter, Clevenger was effectively fired by Cutlar the next day.

As for Clevenger's letter, the DAG assigned it to Wan J. Kim, Assistant Attorney General for the Civil Rights Division, for a response. Earlier this month, Clevenger received the following from Wan Kim:

Letters to McDonald's, complaining about insufficient mintiness in Shamrock Shakes,* receive responses evincing greater concern.

Now we understand why Shanetta Cutlar was comfortable enough in her position to wear a tiara to a recent meeting of DOJ section chiefs. We predict she will remain in power at SPL long after Attorney General Alberto Gonzales has left the building (which may not be saying much -- but you get our point).

* Yes, Shamrock Shakes are back! We enjoyed one in Miami earlier this week.

Some of you have wondered about the drop-off in ATL coverage of our favorite DOJ diva: Shanetta Y. Cutlar, Chief of the Special Litigation Section at the U.S. Department of Justice ("SPL"). Cutlar has been previously described in these pages as "deliciously imperious" and "a great diva," and we've published a number of colorful stories about her.

We haven't written much about Shanetta Cutlar lately because we haven't gotten many new tips about her. Perhaps she's keeping a low profile these days?

Fortunately, more grist for the SYC mill may be on its way, courtesy of Capitol Hill. From a tipster:

House Judiciary has an oversight hearing for Civil Rights next week. Not sure what day, but I'm trying to find out. I think SPL may be discussed.

And from another source:

The "scandal" of the firing of the US Attys will be the camel's nose -- a way to have full blown congressional hearings on DOJ, especially Civil Rights.

Oooh, exciting! We do hope that the House and Senate Judiciary Committees start sniffing around the Special Litigation Section. Maybe Chuck Schumer will become our truffle pig, unearthing tasty morsels about Shanetta Cutlar and her reign over SPL.

If you have any info about the upcoming oversight hearing -- or, for that matter, any updates on what Shanetta Cutlar has been up to lately -- please email us. Thanks.

Earlier: Prior ATL coverage of Shanetta Cutlar (scroll down)

In reacting to our worshipful coverage of Shanetta Y. Cutlar, Chief of the Special Litigation Section at the U.S. Department of Justice, some of you have questioned her "diva" status. It has been suggested that while Shanetta Cutlar may have the temperament of a diva, she lacks the talent or ability of one.

We disagree. And we think the latest information we've received about SYC establishes that when it comes to office politics and Machiavellian maneuvering, few are the equal of Shanetta Y. Cutlar.

Just like the divine Anna Wintour, Shanetta Cutlar is a shrewd and savvy woman, who knows how to "work it." She has risen to a position of power and prominence within her profession, through a potent combination of smarts, charm, and good old-fashioned ruthlessness.

From a former employee of the Special Litigation Section:

Shanetta started with the Special Litigation Section (SPL) as a intern. Within ten years she worked her way up, managing to slide, wiggle and charm her way into the prominent position of Section Chief.

As she quickly moved up the ladder, passing one superior and mentor after another, Shanetta kept a mental tab of each and every accounting in which she felt she was wronged and treated unfairly as a line attorney. Upon taking her throne, she instantly placed her strategic plan into motion, and quickly begin to execute her hit list.

She had the current head secretary placed into the file room until she received a new, hand-selected head secretary. Rumor had it that the exiled head secretary treated Shanetta "mean." Wow...

Our tale continues, after the jump.

As we've discussed in these pages, certain concerns have been raised with respect to the diva-licious Shanetta Y. Cutlar's management of the Special Litigation Section, in the Civil Rights Division of the U.S. Department of Justice. But figuring out how to deal with the Shanetta Cutlar situation is a bit tricky.

We recently learned of one possible solution:

Check out this DOJ posting, seeking a Director of the Professional Development Office in the Civil Rights Division.

When Albert Moskowitz was [eased] out as chief of the Criminal Section [of the Civil Rights Division] last year, he was put in this position. After a few weeks, he left for the Criminal Division.

I wonder if Shanetta Cutlar has been advised to apply for this opening.

This "Director of Professional Development" gig sounds quite cushy -- a veritable sinecure at the DOJ. It carries with it a six-figure salary and job responsibilites that are vague and touchy-feely. It sounds like the perfect place to stick a senior official that you want to remove from her current position, but in a discreet, non-controversial, face-saving manner (i.e., without firing her or asking her to tender her resignation).

Our curiosity was piqued, so we did some follow-up. Discussion continues, after the jump.

As regular ATL readers well know, we've been offering wall-to-wall coverage of Shanetta Y. Cutlar. If you're not familiar with her, Ms. Cutlar is the nightmarish awesomely overachieving diva who oversees the Special Litigation Section (SPL), part of the Justice Department's Civil Rights Division.

Shanetta Cutlar is a strong leader with a distinctive managerial style. She drives lawyers and staff away in droves sometimes rubs people the wrong way. But even if it's lost on her underlings, we appreciate SYC's deliciousness!

Some of you have wondered whether Chief Cutlar is aware of ATL's coverage of her and, if so, what she thinks of it. We had heard through the grapevine that she is aware of this site and finds the attention amusing. Now we have more concrete confirmation.

At a recent meeting of the Section Chiefs of the Civil Rights Division, Shanetta Y. Cutlar whipped out a tiara. She then placed it on her head and proclaimed:

"I GUESS I'M A DIVA NOW!!!"

This is a clear reference to ATLs' naming Cutlar our DOJ Diva of the Day -- on two separate occasions.

We draw the following conclusions from this tiara incident:

1. Shanetta Cutlar is even more fabulous than we thought. The woman owns a tiara, for chrissakes. And she brings it to meetings of high-level DOJ officials.

2. Shanetta Cutlar has a healthy, self-deprecating sense of humor. The commenters who defend her so earnestly on ATL, like "Life" -- see this thread -- need to relax. They should follow their idol's lead, and just laugh it off.

3. Shanetta Cutlar is completely confident in her ability to keep her post. She's unfazed by the attention she has received, and she's unfraid of, say, congressional investigations of SPL. She knows she's not going anywhere.

WE LOVE YOU SHANETTA!!!

P.S. Where did SYC get the tiara? On a totally random note, our cousin-in-law is a leading maker of wedding tiaras.