If the allegations in the recent Justice Department Inspector General report are true, some left-leaning lawyers were, because of their political or ideological views, denied the opportunity to litigate for the Department of Justice.

So now they're litigating against the Department of Justice. From Courthouse News Service:

Top-ranked law school graduates whom the Department of Justice refused to hire for political reasons, as documented by the DOJ Inspector General's recent report, demand $100,000 damages for each injured class member, plus declaratory and injunctive relief. The federal complaint claims about 190 prospective attorneys and 170 prospective interns were injured in 2006 alone.

In other words: "Please compensate us for being forced to take lucrative law-firm jobs that pay several times the pittance offered by the feds."

Named plaintiff Sean Gerlich, a U.S. citizen who now lives in Belgium, says he and other highly qualified graduates of "top-tier law school(s)," were not hired in the Justice Department's Honors Program, for attorneys seeking careers in the Department of Justice, because of ideological bias against applicants with presumed "liberal" tendencies.

Hmm, Belgium. How do you like dem waffles, Sean? And will you move back to the United States for an Obama administration?

It might be tough for Gerlich to establish he would have gotten a gig but for political bias. From the Legal Times:

Finding no job upon graduation from the University of Georgia law school, Gerlich moved to Belgium last year. He now works as an associate for a law firm in Brussels

Our gut reaction, sans legal research, is that this lawsuit may not lend itself well to class-action status (and don't be surprised by a challenge to certification). Questions affecting only individual members may predominate over questions common to members of the putative class. Some rejected applicants -- e.g., the Harvard Law Avenger, and others who got anonymous but obvious shout-outs in the IG report -- may have much stronger claims than others.

Class Of Attorneys Sues DOJ Over Job Denials Based on Ideology [Courthouse News Service]
Ex-Honors Program Applicant Sues DOJ Over Politicized Hiring [Legal Times]
Gerlich v. U.S. Department of Justice (PDF) [Courthouse News Service]

As noticed by some of you in the comments, the other day we made a brief radio appearance on the Brian Lehrer Show (WNYC), to chat about the DOJ Honors Program hiring scandal. Our participation in the segment is brief (and mercifully so, since we could have been better prepared; it was on fairly short notice).

Most of the questions were fielded by Eric Lichtblau of the New York Times, who has done some excellent reporting on the controversy. It's an interesting interview. To access it, click here.

Justice, Compromised [WNYC - The Brian Lehrer Show]

Earlier: The DOJ Honors Program Hiring Scandal: The 'Harvard Law Avenger' Strikes Again?
Breaking: Inspector General Report Alleges Politicization of DOJ Honors Program Hiring

An observant tipster directed our attention to a fascinating excerpt from the Inspector General's report (PDF) about the politicization of hiring at the Justice Department's Honors Program. From page 59:

The Civil Rights Division had 24 of its 52 candidates deselected, and appealed 1. That candidate was a student at Harvard Law School with an A- grade average, had interned at the U.S. Attorney's Office in the Eastern District of California, and was strongly recommended by an attorney in the front office of the Civil Rights Division who knew him.

Rena Comisac, Principal Deputy Assistant Attorney General for the Civil Rights Division, told us that after the appeal was submitted, [Michael] Elston informed her that the Screening Committee had found an article on the Internet in which the candidate was quoted as expressing regret that he had not participated in the 1999 World Trade Organization (WTO) protests in Seattle. According to Comisac, Elston said that if the candidate wanted to participate in the Seattle WTO protests, which in Elston's opinion were close to a riot, then the candidate would not hesitate to chain himself to the front steps of the Department if he did not like the way something was being done. Comisac told us that it was clear to her that "any additional appeals would not be productive" and that she decided not to pursue the matter further."

Now we wonder who that might be. A Harvard Law School student with an impressive academic record, who has ties to the Sacramento area (E.D. Cal.), and who has publicly expressed regret about missing the 1999 WTO protests....

Are you thinking what we're thinking?

A Man of Many Hats [Harvard Crimson]

Earlier: Meet the Note Author: Phil Telfeyan, the Harvard Law Avenger

Could this be a mini-U.S. Attorneys firing scandal in the making? That's what a just-released report from the Justice Department's inspector general seems to suggest. From the New York Times:

Justice Department officials over the last six years illegally used "political or ideological" factors to hire new lawyers into an elite recruitment program, tapping law school graduates with conservative credentials over those with liberal-sounding resumes, a new report found Tuesday.

The blistering report, prepared by the Justice Department's inspector general, is the first in what will be a series of investigations growing out of last year's scandal over the firings of nine United States attorneys. It appeared to confirm for the first time in an official examination many of the allegations from critics who charged that the Justice Department had become overly politicized during the Bush administration.

One reader who sent the article our way wrote: "Shocker." A second quipped: "Quelle surprise." To read the 115-page report, click here (PDF, via the WSJ).

Update: From a tipster comes this interesting info:

DOJ hiring practice report out. Doesn't look good, though I would certainly say they've revamped the system in the last year or so. I was hired through Honors last fall to start this coming fall, and my resume is very leftist. I can say the same for two friends who were also hired through Honors last year.

Further Update: Lots of good stuff in the comments, including highlights from the report. E.g.:

2002 applicants: ACS, 0-7; FedSoc, 27-2.
2006 applicants: ACS, 5-2; FedSoc, 15-4.

Report Sees Illegal Hiring Practices at Justice Department [New York Times]
Auditors Say Justice Dept. Improperly Screened for Political Ties [Washington Post]
IG Report: Greenpeace Bad, Federalist Society Good [WSJ Law Blog]

We're attending the 2008 National Convention of the American Constitution Society (aka the Federalist Society of the Left, for those of you not familiar with the ACS). It's being held today and tomorrow at the Hyatt Regency here in Washington, DC. The theme of this year's conference: "Revitalizing Our Democracy: Progress and Possibilities." Read: "Welcome President Obama: It's Good To Be Back in the House!"

We may be filing some dispatches from the proceedings. We'd liveblog the panels contemporaneously, but neither the hotel wireless nor our wi-fi card worked inside the hotel's subterranean ballroom. So we will post in between sessions, when we can.

These comments -- essentially a liveblog, but posted after the fact -- will have an unpolished, stream-of-consciousness quality. Expect lots of randomness (and typos).

The first report, about the very interesting (and star-studded) plenary panel, "Law and Justice Policies in a New Administration," appears after the jump.

We've said it before and we'll say it again. The economy must be bad if a former U.S. Attorney General can't get a job.

And your life must be pretty bad if you're a former U.S. Attorney General who can't find a job, and some columnist in Austin is making lots of fun of you. John Kelso of the Austin American-Statesman wrote a column yesterday titled Maybe former A.G. Gonzales could get a job being paid by the hour to keep his mouth shut. AG AG's frequent "I don't recall" answers during Senate testimony provide inspiration for many of Kelso's jokes:

What holiday do you think of when you think of Alberto R. Gonzales? With me, it's always Mother's Day. Why? Simple. Because with Gonzales, mum's the word.

I feel sorry for anybody out there who can't find a job, even a guy like Gonzales who is still making a bunch of money from speaking engagements. As bad as Gonzales' memory is, he must use notes.

Maybe the problem is that when the job interviewers ask him what his last job was, he's telling them that he doesn't remember. Can't say as I blame him. If I were him, I'd tell them I used to work at Denny's.

It's pretty traditional for law firms to bring former partners back after they've served in government -- e.g., Mary Jo White and Debevoise, Michael Mukasey and Patterson Belknap -- but AG AG's former firm is apparently not biting, despite his having served as America's top lawyer. A tipster tells us:

Several months ago, I heard that even V&E [Vinson & Elkins] was not interested in having Gonzales back – looks like there are no takers. How long do you think he’ll be able to support himself on speakers’ gigs?

Locke Liddell took Harriet Miers back. Apparently, endorsing torture and getting caught in the U.S. Attorney firing scandal is worse than losing the Supreme Court popularity contest and having many bad hair days.

In Searching for New Job, Gonzales Sees No Takers [New York Times]
Maybe former A.G. Gonzales could get a job being paid by the hour to keep his mouth shut [The Austin American-Statesman]

We bring you news of a career move by one of America's most fabulous young lawyers. From a press release issued by WilmerHale:

WilmerHale is pleased to announce that Rachel L. Brand and Mark D. Nelson will join the firm's Washington, DC public policy and strategy practice focusing on congressional investigations, regulatory affairs and crisis management. Ms. Brand will also be active in the firm's government litigation and defense and national security practices. Ms. Brand was most recently Assistant Attorney General for Legal Policy, where she served as chief policy and regulatory advisor to the Attorney General and managed the confirmation process for Chief Justice John Roberts and Associate Justice Samuel Alito.

Wait, hold on a sec -- Rachel Brand? As in young-conservative-superstar Rachel Brand, known in some circles as the Federalist Society Prom Queen?

Are you sure there hasn't been some mistake? Maybe Brand went to another D.C. law firm whose name starts with a "W," like Wiley Rein -- perhaps a more natural home for a prominent Republican attorney?

WilmerHale, after all, is one of Washington's most high-profile, left-leaning law firms. It's home to leading liberal lawyers like former Deputy Attorney General Jamie Gorelick, a possible Attorney General or Defense Secretary in a Democratic administration; former Solicitor General Seth Waxman, a possible judicial (D.C. Circuit?) nominee; Randy Moss, former head of the DOJ's super-elite Office of Legal Counsel; and Howard Shapiro, former general counsel to the FBI. [FN1]

But no, it's true -- Brand is at Wilmer Hale. Word on the street, in fact, is that the firm is actively looking for Republican lawyers like Brand and Nelson. Perhaps they need someone to hold down the fort when everyone bails to serve in the Obama Administration?

We spoke to Rachel Brand yesterday, her first day of work. You know how useless first days can be -- paperwork, orientation, technology training. "They taught me how to turn on my computer," she quipped.

As for her new gig, Brand expressed excitement about the opportunity to join WilmerHale, "a great firm with some incredible lawyers." She noted the abundance of lawyers with government experience at WilmerHale and said that her skill set fit well with the firm.

We wish Brand and Nelson the best of luck in their new professional home.

(We tried to contact Nelson but were unable to reach him. The WilmerHale telephone operator did not have an extension for him. Perhaps he isn't in the office yet? If he is, someone needs to give his phone number to the receptionist.)

[FN1] As it turns out, a number of prominent Republicans are current or former WilmerHale partners. E.g., current partner Reginald Brown, who most recently served in the White House Counsel's office, and former partner C. Boyden Gray, currently U.S. ambassador to the European Union Special Envoy for EU Affairs.

WilmerHale Adds Top DOJ and Congressional Investigation Lawyers To Public Policy and Strategy Team [WilmerHale]

Not everyone likes Attorney General Michael Mukasey. At Boston College Law School, students are protesting Dean John Garvey's decision to invite Attorney General Mukasey to deliver the school's 2008 Commencement address. See here (Facebook group: "Waterboarding IS Torture"), here, and here.

Why are liberals so unhappy about Mukasey? We'd expect the AG to receive a warmer reception, in light of this happy news, which made the pages of the Washington Post:

Five years after a gay advocacy group was told that it could no longer use the e-mail, bulletin boards and meeting rooms at the Justice Department, Attorney General Michael B. Mukasey has reversed that decision and issued a revised equal-employment-opportunity policy barring discrimination against any group.

Mukasey informed leaders of DOJ Pride last week that the department would give it the same rights as all other DOJ employee organizations, said the group's president, Chris Hook. In a statement, Mukasey said the department will "foster an environment in which diversity is valued, understood and sought" and maintain "an environment that's free of discrimination."

Writes a Department of Justice source:

Finally -- now I can celebrate "Pride on Ice" anytime I want! Michael Mukasey gets two snaps in a circle for this decision!

In another sign of libertinism running rampant in the halls of justice, Lady Justice's magnificent metal breastses are no longer covered up, as they were during the repressive Ashcroft regime (during which female DOJ lawyers had to wear burqas to court). But the credit for the breast-baring belongs to Alberto Gonzales.

Attorney General Mukasey Reverses Anti-Gay Policy at Justice Dept [Towleroad: A Site With Homosexual Tendencies]
Attorney General Reverses Curbs On Gay Group at Justice Department [Washington Post]
Boston College Law School Community Members Protests Mukasey [ACS Blog]
Mukasey Invitation Prompts the Question: "What has BC Law become?" [Eagleionline]

* Renomination of Steven Bradbury to head OLC seen as diss to Dems. [New York Times]

* Barry Bonds seeks dismissal of perjury charges. Depends on what the meaning of "is" is? [San Francisco Chronicle via How Appealing]

* Senate debates whether to grant phone companies immunity from suits arising out of their helping out on warrantless wiretapping. [Washington Post]

* Former Illinois Gov. George Ryan seeks Supreme Court review of his conviction. [Chicago Tribune via How Appealing]

* Also turning to the SCOTUS: cheeky pro se litigant who forestalled foreclosure for 11 years. [WSJ Law Blog]

* You've got mail? Maybe not, at least at the White House, which is having some email archiving problems. [Washington Post]

We now yield the floor to Laurie Lin. Who better to report on one of the year's biggest social events than the writer of Legal Eagle Wedding Watch? Over to you, Laurie.

****************
Ambition and Old Spice wafted sweetly through the air last night at the Federalist Society's 25th Anniversary Gala at Union Station -- a kind of right-wing Golden Globes. Nearly two thousand G-ed up conservative lawyers packed the main hall to hear President George W. Bush blast the Senate on judicial confirmations:

"Today, good men and women nominated to the federal bench are finding that inside the Beltway, too many interpret 'advise and consent' to mean 'search and destroy,'" Bush said.

Tickets to the black-tie affair were $250 -- actually $249, because there was a new $1 Madison coin at every place setting -- but that was a small price to pay to breathe the same oxygen as Ted Olson, Antonin Scalia, and Laura Ingraham.

More on the conservative legal fabulosity -- including pictures of the people who didn't hide when they saw us coming -- after the jump.

* Judge Mark Filip (N.D. Ill.) picked to be Mukasey's deputy. [AP via How Appealing]

* SCOTUS stays Florida execution like I said they would. [New York Times]

* Hmm...Bush administration didn't properly consider impact of climate change.... shocking. [New York Times; Washington Post]

* Hillary Clinton takes the gloves off, giving "her most commanding performance to date" in last night's debate. [The Atlantic (Marc Ambinder)]

He just wants your money. From the ACS Blog:

Former Attorney General Alberto Gonzales will receive $40,000 for a speech at the University of Florida, according to the Independent Florida Alligator, UF's student newspaper.

The November 19 speech will be paid for by student activity fees. (H/T The Blog of Legal Times)

Being an ex-AG: nice work if you can get it.

Gonzales to Receive $40,000 for Speech [ACS Blog]
Alberto Gonzales to Give Speech in Florida [The BLT]
Alberto Gonzales to speak at UF [The Independent Florida Alligator]

Sorry to leave you unattended for a while -- we were off appearing on this panel. We left some items to be published in our absence, but unfortunately, continuing technical difficulties -- which frustrate us even more than they frustrate you -- prevented their posting.

In case you're wondering, we have no confirmed Biglaw bonus news to report right now. It seems that nowadays firms are holding their bonus news until the end of the day, perhaps in the hope that it will be less disruptive to associates billing away hours. But that just means associates spend the mornings and afternoons wondering about their financial fates -- and visiting sites like this one.

Anyway, we do have some bonus news, of a different sort. From a lawyer at the U.S. Department of Justice:

Any thought of doing a post on government attorney bonuses? Such as they are, that is. Might give some of the Biglaw associates who are wailing and gnashing their teeth a little perspective.

Just to get the ball rolling, my year-end bonus was $694.28. And as a special bonus, I got 8 hours of annual leave. Woot!

Are you at a firm that's giving out standard year-end bonuses, but not "special" bonuses (or at least not across the board)? Well, look on the bright side: at least your bonus is denominated in the thousands.

Feel free to discuss your experiences with government lawyer "bonuses" in the comments. Thanks.

Earlier: Associate Bonus Watch 2007 archives (scroll down)

The Senate Judiciary Committee just voted in favor of the nomination of Michael Mukasey to serve as attorney general. The tally was 11-8, with two Democrats -- Sens. Chuck Schumer and Dianne Feinstein -- joining all the Republicans in supporting him.

What had been looking like a nailbiter of a nomination should sail through the full Senate fairly easily. The floor vote on the nomination should take place by next week.

Congratulations, Judge Mukasey!

Nomination of Mukasey Sent to Full Senate [New York Times]
Panel Sends Mukasey Nomination to Senate [Washington Post]

One of our favorite Supreme Court reporters, the fabulous Jan Crawford Greenburg, gave a speech at Harvard Law School today. But she didn't tarry in Cambridge:

Not sure what is going on, but JCG just finished giving a speech at HLS and said that:

a) She was turning around to go back to Washington immediately (this was not her original plan) and that the folks in DC had actually wanted her to turn around and catch the next shuttle back right away this morning after she landed.

b) We should be sure to watch the news tonight.

Not sure if there is anything to this, but checking Drudge and everything else there don't seem to be any legal headlines going on. So the whole thing just seemed sort of weird.

Sure, I guess a few hundred bucks is nothing to ABC News, but the whole thing just seemed sort of odd. So I thought I'd throw it your way in case there were any other rumors flying about.

Correction / Update: We've been advised that the foregoing information actually came from the remarks introducing Jan Crawford Greenburg, not from the speech of JCG herself, and was mentioned only by way of explaining why the event was being cut somewhat short (with a planned lunch cancelled).

Has anyone heard anything? Nothing over at JCG's blog, Legalities, hints at the reason for her rapid return to Washington.

Might Jan Crawford Greenburg's hasty retreat back to DC be related to the embattled nomination of Michael Mukasey as Attorney General? Maybe Mukasey will give her an exclusive interview, in which he will declare waterboarding "not cool"?

Your speculation, informed or otherwise, is welcome in the comments.

P.S. On the subject of Mukasey and waterboarding, see this editorial cartoon.

Mukasey Mulls Waterboarding [The Illustrated Daily Scribble]
Bush Moves to Save Mukasey Nomination [New York Times]
Open Thread — The Nomination of Michael Mukasey [WSJ Law Blog]
Mukasey Confirmation Unlikely as Sen. Kennedy Joins Opposition to President's AG Nominee [Blogonaut]

Of all the characters in the U.S. Attorney firings drama, Kyle Sampson, former chief of staff to former Attorney General Alberto Gonzales, was not our favorite. When he testified on Capitol Hill, he was earnest, sweaty, and decidedly non-fabulous -- unlike Monica Goodling, who took the Senate Judiciary Committee by storm with a dazzling performance.

But even though his government service ended inauspiciously, Sampson has done just fine for himself. From the Salt Lake Tribune:

Three Washington lawyers with Utah ties - including the chief of staff to former Attorney General Alberto Gonzales - are joining the food and drug practice at the firm Hunton & Williams.

D. Kyle Sampson, a Cedar City native, was Gonzales' chief of staff at the Justice Department until he resigned amid a controversy over the firing of eight U.S. Attorneys, a move that spawned congressional investigations. Sampson, who compiled the list of attorneys who were fired, testified for hours before House and Senate committees in public hearings and private interviews.

Before joining the Justice Department he was an Associate Counsel to the President at the White House, was director of personnel for the Bush administration, and was an aide to Sen. Orrin Hatch on the Judiciary Committee. He is a graduate of Brigham Young University and Chicago University law school.

We wonder if the Mormon Mafia had a hand in his hiring. They are to the legal world what the Gay Mafia is to fashion!

Sampson, ex-aide to Gonzales, joins law firm [Salt Lake Tribune]

Sometimes the partners don't like it if you gorge yourself on "their" candy. But yesterday was different. We hope you had a Happy Halloween!!! (And that you're not too hungover from last night's partying.)

How did your firm celebrate this spooky occasion? Seyfarth Shaw went all out:

Halloween treats were served in a mock coffin. The menu included blood-red cupcakes decorated with bleeding fangs and bats to be washed down with Jones soda in limited edition ghoulish flavors (Lemon Drop Dead, Strawberry Slime, and Gruesome Grape).

And you thought paying $145K was scary enough!

Please share amusing Halloween anecdotes -- partners in crazy costumes, conference rooms converted into haunted houses, etc. -- in the comments. Thanks.

P.S. For your reading pleasure, here's a Halloween-themed link, from yesterday's WSJ Law Blog: The Legal Implications of Throwing Eggs. Executive summary: think twice before TP'ing that partner's mailbox.

Update: The Department of Justice got into the Halloween spirit:

Despite the travails of the Department, our emergency response and preparedness staff are on the job. No, I'm not referring to providing assistance to wildfire-torn California. I'm talking about dressing your children in flame-retardant Halloween costumes and ensuring your home is well lit to " to prevent injuries to little ghosts and goblins." Our tax dollars at work! (See email sent out to DOJ employees below.)

The email appears after the jump.

Sure, the U.S. Department of Justice has some issues right now. But a great many talented and dedicated people still work for the DOJ -- and aspire to work there:

You should do a fall recruiting thread on the DOJ Honors Program. Interviews are happening for the next [few] weeks. It would be interesting to hear the thoughts of and get information from interviewees, as well as current and former DOJ attorneys. What do you say?

We say: Sure! Here's the thread you've requested. For those of you who aren't familiar with the Honors Program, here's a description:

The Attorney General's Honors Program

The highly competitive Honors Program is only way that the Department hires entry-level attorneys. Selection for employment is based on many elements of a candidate's background including academic achievement, law review or moot court experience, legal aid and clinical experience, and summer or part-time legal employment. The Department also considers specialized academic studies (including undergraduate and post-graduate degrees), work experience, and extracurricular activities that directly relate to the work of the Department.

More details, including eligibility requirements and a timeline, are available here.

To get things started, we toss out a few possible topics, after the jump.

If you're an employee of the U.S. Department of Justice, and your name isn't Susana Lorenzo-Giguere, your job probably doesn't have many perks. They toss a few four-dollar meatballs your way, and public outcry ensues.

And now you can't even go to the office gym, thanks to a potential outbreak of staph infections, aka "Staphylococcus aureus." All three DOJ fitness centers are being closed for "a thorough cleaning" (which makes you wonder how "thorough" the regular cleanings are).

First the rat-ridden day care center, and now this. What next for the DOJ's beleaguered employees?

These are not the easiest times to be at the DOJ. In the wake of the U.S. Attorneys firing controversy, the Justice Department has been plagued by a leadership vacuum (not just in terms of no Attorney General, but a very high number of acting AAGs). It has also suffered from a loss of public respect and low employee morale.

But no gym? To quote Justice Scalia, "this is really more than one should have to bear."

The memo, which includes tips for preventing infection that everyone should read, appears after the jump.

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.