* At the Supreme Court, much ado about a cross. [Washington Post (Robert Barnes); Washington Post (Dana Milbank)]

* Former Heller Ehrman partners deny that the firm was insolvent in 2007. [Am Law Daily]

* The new Honduran government, which came to power through a coup, has hired lawyers and law firms — including Lanny Davis, who recently moved from Orrick to McDermott — to defend its legitimacy. [New York Times]

* And there may be more work for antitrust lawyers, thanks to a new Justice Department invesitgation of IBM. [Reuters]

* Key Democratic lawyers agree to allow Guantanamo detainees to be transferred to the U.S. for trial. [Washington Post]

* Prosecutors drop one victim from the case, but Judge Herman “Who Needs A Spanking?” Thomas still faces charges dozens of counts related to 14 other victims. [CNN]

* No, it’s not your imagination: Gov. Jon Corzine’s campaign commercials are making fun of former U.S. Attorney Chris Christie (pictured) for being fat. (Disclosure: We worked as an AUSA under Christie from 2003 until 2006.) [New York Times]

We like to highlight examples of Biglaw associates who get to do especially interesting or high-profile work. E.g., Lindsay Harrison, the Jenner & Block associate who argued a case — and won — before the U.S. Supreme Court.

Most lawyers tuned in to Congress yesterday were listening to Judge Sonia Sotomayor’s confirmation hearings (even if day 4 was less than thrilling). But over on the House side, one young lawyer was talking rather than listening. Jason Pinney (pictured), a (rather handsome) sixth-year associate at Bingham McCutchen, got to testify before lawmakers.

Pinney addressed the House Committee on Foreign Affairs, specifically, the Subcommittee on International Organization, Human Rights and Oversight. He spoke about his work as part of a Bingham legal team representing a group of Uighurs detained at Guantanamo Bay. The Bingham lawyers obtained the release of two Uighurs in 2006 and four more Uighurs last month.

(As explained by the AP, “[t]he Uighurs, a Turkic minority from China’s far west, were sent to the U.S. facility in Cuba after their capture in Afghanistan and Pakistan in 2001. The Pentagon determined last year that they were not enemy combatants.” Oops!)

Congrats to the Bingham lawyers on their successful representation of their clients — and to Pinney on his congressional testimony. To download a copy of the testimony, click here.

Today in Congress: July 16, 2009 [Washington Post]
Lawmakers want investigation into Uighurs at Gitmo [AP]
Jason S. Pinney [Bingham McCutchen]
Pinney Testimony [PDF]

* Republicans slam Obama for his “empathy” standard for his SCOTUS nominee, citing an earlier speech on the Senate floor emphasizing a different standard. [The Washington Post]

* Speaking of Obama, is he “the best lawyer to occupy the U.S. presidency since William Howard Taft”? [Foreign Policy]

* The Yankees held a moot court in a room off the clubhouse. Would you want to face a jury of Derek Jeter and Johnny Damon? [The New York Times]

* The Justice Department has arranged for the first Guantanamo inmate to be tried in a New York court. [The Washington Post]

* Shuttered Chrysler dealers may have a tough time fighting their closures in court, due to the freedom that bankruptcy laws give courts to tear up contracts. [The Wall Street Journal]

* Immigrants are being deported in the middle of their court cases. [The Los Angeles Times]

* A word of advice to the new summer associates: Paralegals can’t be trusted. [Legal Intelligencer]

* SCOTUS dismissed the lawsuit that sought to punish top Bush officials, including former Attorney General John Ashcroft, for detaining Muslims that were not involved in 9-11. [Christian Science Monitor]

* Military commission trials for Guantanamo detainees present many of the same challenges that the Bush administration faced, in spite of Obama’s facelift. [New York Times]

* The White House passed on an opportunity to bring a case involving gays in the military to the Supreme Court. Are they stalling and playing politics or are they right to say that the law should be changed in the legislature and not the courts? [Wall Street Journal (subscription)]

* What do potential SCOTUS nominees and ambulance chasers have in common? Uh, hopefully nothing…[Esquire]

* The court will hear a case against Sarbanes-Oxley in the fall term—is this the time to question too much oversight? [Washington Post]

* What’s in a name? The Obama administration announced that prisoners held at Guantanamo will no longer be called “enemy combatants,” but they still have basically the same right to hold the prisoners indefinitely. [Los Angeles Times]

* Minor spats with Sam are the least of Lilo’s worries, apparently there’s a warrant for her arrest. [The Associated Press]

* With her husband in jail, Ruth Madoff has seen better days—the feds are working hard to freeze $93 million worth of her assets. [msnbc.com]

* Remember the Minnesota Senate race? Yeah, that’s right, their Senator is still not seated. Franken and Coleman’s lawyers delivered closing arguments Friday—and now the 3 judge panel will decide, but if they choose Franken—Coleman is poised for an appeal. [The Hill]

* Washington Lawyer DeMaurice F. Smith, a partner at Patton Boggs, is the new head of the NFL Players Association—he has no previous ties to the NFL, but he is a devoted Redskins fan. [The Washington Post]

* Also, since sports are more fun to talk about than layoffs—we have created an “Above the Law” group for the NCAA tournament on ESPN. Group name: Above the Law. Password: abovethelaw. It is free and you can make multiple entries (Mr. Mystal will be making many!) Have fun. [Above the Law tournament group]

* SCOTUS will look at the separation of church and state when they decide whether “a cross to honor fallen soldiers can stand in a national preserve in California.” [The Los Angeles Times]

* Lawyers say Madoff must have had help with his Ponzi scheme. [Bloomberg]

* Attorney General Eric Holder visited Guantanamo yesterday to see what is needed to close the prison. [The Associated Press]

* Meanwhile, a Pentagon official who inspected Guantanamo at Obama’s request is under fire from human rights activists for filing a report (which declares Gitmo humane) that is little more than good public relations for the administration. [The New York Times]

* What do you do when your boss gets indicted for securities fraud? You get another job. A team of seven bankruptcy lawyers left Dreier LLP for Epstein Becker Green. [EBG]

* A federal judge encouraged the Obama administration to decide whether to keep pursuing a case against 11 Vietnam War Veterans accused of trying to overthrow Laos’s communist government. [The Associated Press]

* Judge says: UBS must respond to the U.S. lawsuit seeking disclosure of 52,000 names of people who allegedly used Swiss accounts for tax evasion. [Bloomberg]

* Obama made the order to close Guantanamo within a year and former U.S. attorney David Iglesias has been hired to prosecute suspected terrorists held at the prison. [The Associated Press]

* Caroline Kennedy withdrew her Senate bid, so all that press was much ado about nothing. [The New York Times]

* The Chinese court sentenced two to death and one to a life prison sentence for their role in the tainted milk scandal. [The International Herald Tribune]

* SCOTUS refused to reconsider COPA Wednesday, and agreed that a Massachusetts family could sue the school district for sex discrimination.[The Associated Press]

* A Bank of America shareholder is accusing the bank of withholding information about Merrill Lynch’s $15.3 billion in losses before the shareholders voted on its acquisition. [Bloomberg]

* Enjoy the inauguration. Even if work sucks—America is awesome. There is a lot of news concerning the inauguration, but one interesting point is that Defense Secretary Robert M. Gates is the “designated successor” to run the federal government in case of emergency and will not attend the inauguration. [The Washington Post]

* A federal judge granted Cheney discretion over which records of his actions as Vice President have to be preserved in the national archives. Good idea. Surely we can count on Dick Cheney not to destroy any documents that make him look bad. Especially since he has been so truthful and transparent in the past. [The Washington Post]

* Former public defender Randy Koshnick’s representation of cop-killer Ted Oswald could hurt him in his bid for a seat on Wisconsin’s Supreme Court. [The Chicago Tribune]

* Frequent ATL readers are probably sick of reading about Guantanamo. But the war crimes court at the prison convened yesterday, and proceedings were disrupted by the self-proclaimed mastermind of 9-11. [Reuters]

* The International Court of Justice ruled that the U.S. violated a previous order when Texas executed a Mexican national guilty of rape and murder. [The Los Angeles Times]

* The 213 families in China whose babies got sick from drinking tainted milk brought the case to Chinese Supreme Court. [The Associated Press]

* Chicago lawyer Anton Valukas is in charge of investigating Lehman Brother’s bankruptcy. [Bloomberg.com]

* Civil rights leaders reflect on Martin Luther King. [ABC]

* The E.U. slammed Microsoft in an antitrust case. [The Washington Post]

* At least ten percent of the Guantanamo population has been deemed innocent, further calling the prison’s legitimacy in to question. [The New York Times]

* SCOTUS added 6 new cases to the docket Friday. Among their upcoming decisions, is whether states should be able to enforce their own non-discrimination lending laws against national banks. [The Washington Post]

* A San Francisco federal judge’s decision revives discussion about the legality of Bush’s wiretapping program. [San Francisco Chronicle]

* Kirkland & Ellis will advise billionaire Paul Allen’s Charter Communications Inc. on potential bankruptcy. [Bloomberg.com]

* The Madoff case will garner lawyers lots of money in fees. “This is a financial 9/11 for our clients” said a Proskauer Rose litigation partner, licking his lips. [Bloomberg.com]

* Meanwhile, the U.S. is challenging the New York Judge’s decision to keep Madoff free on bail. [Bloomberg.com]

* Legislators in Maine are introducing a bill that would recognize same-sex marriage. [The Boston Globe]

* Obama and Biden will visit the Supreme Court this afternoon to meet with the Justices and get a tour. The elephant in the chambers: Obama and Biden voted against Roberts’ confirmation. [The Washington Post]

* Al Franken asked the Minnesota Supreme Court to let him get to the Senate without waiting for the resolution of opponent Norm Coleman’s legal challenge. His lawyers argue that Senator’s will need Franken for comic relief in the midst of our trying times (just kidding). [The Associated Press]

* Dozens of suspected terrorists released from Guantanamo have returned to terrorism says the Pentagon (gulp). [CNN]

* If you don’t have hooters you can’t work there. Hooters discriminates against men by refusing to hire them, a class action argues. Get over it sissies, and grow some boobs. [Courthouse News Service]

* In less pressing news…President-elect Barack Obama will issue an executive order to close Guantanamo within days of entering the White House according to senior advisors. [BBC News]

* Annoyed by your loud neighbors? At least you don’t live on 64th and Lexington next to Berny Madoff (well actually you probably do, I bet those apts. are sweet) His neighbors are incensed by yesterday’s decision to keep Madoff out on bail. Meanwhile, Fairfield Greenwhich has been sued three times by Madoff investors. [Bloomberg.com]

* I served my country, and all I got was special judicial help. An Illinois county is launching a special court to try veterans who commit non-violent crimes. [The Associated Press]

* Obama asked Congress for the second-half of the bailout money so he can stabilize the economy. [The International Herald Tribune]

* London-based law firm Linklaters was the leading law firm in mergers and acquisitions this year, taking the number 1 title from Sullivan and Cromwell. [Bloomberg]

* Former UK attorney general Lord Goldsmith says the UK should take in prisoners from the Guantanamo Bay prison camp if it will help the U.S. close the prison. [BBC News] Australia is not likely to take any prisoners says prime minister Kevin Rudd. The U.S. has asked a 100 countries to help clear the prison. [BBC News]

* Guinea pigs may smell bad but should you go to jail for owning one? Probationers in California could end up in jail for failing to report owning harmless pets like hamsters or goldfish thanks to a ruling by the California Supreme Court. [San Francisco Chronicle]

* A chinese court convicted 11 people for running a counterfeiting ring that “manufactured and distributed pirated Microsoft software throughout the world.” [The New York Times]

* Associates were not the only people in the legal community that were displeased with compensation this year. Federal judges lost their request to Congress for a pay raise to account for inflation. Chief Justice John Roberts says the frightfully low pay for judges threatens the quality of the court. [The Los Angeles Times]

* Life at law firms is not looking good for 2009, sorry to say. Lay-offs and lower bonuses will likely continue in the New Year. On the bright side—less work could help you meet that New Year’s resolution to go to the gym. [The Chicago Tribune]

* Barack Obama has promised to close Guantanamo Bay, but what is going to happen to the most dangerous inmates? Should they be released anyway? What legal basis can the U.S. use to keep them captive? [Bloomberg.com]

* Roman Polanski — the Academy Award-winning director of Rosemary’s Baby, who admitted to having sex with a 13-year-old girl in Jack Nicolson’s house in 1977 — has asked a judge to dismiss his case. Polanski fled to London 30 years ago to avoid a prison sentence and has been a fugitive ever since. [Los Angeles Times]

* The Republican victory in Georgia of Senate incumbent Saxby Chambliss means that the Democrats will not have a flibibuster-proof majority of 60 in the Senate. The Democrats now hold 58 of the 100 senate seats. The Minnesota senate race is still undecided. [The Guardian]

* A Massachusetts couple’s suit over their public school’s response to their five-year old’s complaint of sexual harassment on her school bus has raised some interesting constitutional questions for the U.S. Supreme Court. [New York Times]

* The SCOTUS also sent a murder case back to the Ninth Circuit for reconsideration. The case involved a 16-year-old robber who killed a gas station attendant in a robbery that garnered him $150. [San Francisco Chronicle]

* For love of the law…and video games. A 26-year-old lawyer at Sheppard Mullin manages a 20-person team that deal with mergers, licensing contracts, and other legal transactions that fuel the game industry. Imagine how fun it would be to crash one of their office parties — there is nothing sexier than a lawyer who loves video games. [Los Angeles Times]

* Mukasey is going to be okay. He’s telling jokes and talking to the President. A GW doctor said “”The attorney general is conscious, conversant and alert.” [CNN]

* Do you feel sorry for sex offenders? The California 4th district court does. They ruled that Jessica’s law, a law that prohibits sex offenders from living within 2,000 feel of a school or park constitutes “banishment under another name.” [San Francisco Chronicle]

* “A U.S.-triggered spate of global carmaker-bailout proposals may spark trade disputes over whether the Americans are unfairly trying to subsidize their industry or just making up for state aid foreign rivals already enjoy.”[Bloomberg]

* Meanwhile, the EU’s antittrust chief says the EU should resist an auto-industry bailout. [Bloomberg]

* On Thursday, a federal judge ordered the release of five Algerian prisoners from Guantanamo Bay, Cuba. [Los Angeles Times]

* If you’ve been following Proposition 8, you may want to watch an upcoming gay marriage case that will be coming before the Iowa Supreme Court. [Iowa City Press Citizen]

Here’s a quick follow-up to our prior coverage of the mysterious Under Armour briefs that somehow made their way into the hands, and onto the loins, of Guantanamo Bay detainees. From Reuters:

The U.S. military has ended an inquiry into who smuggled unauthorized underwear and a bathing suit to two prisoners at Guantanamo Bay without learning the source of the contraband skivvies, an attorney said on Wednesday.

The investigators concluded more vigilance was needed to prevent contraband from entering the camp that holds 330 suspected al Qaeda operatives, said Capt. Pat McCarthy, the military’s chief lawyer for the detention operation at Guantanamo.

Is the inability to solve the Riddle of the Briefs a sad commentary on the state of military intelligence? Or is this perhaps a mystery that they didn’t want to be solved?

Mystery underwear stymies Guantanamo investigators [Reuters]

Earlier: Guantanamo Bay Perk Watch: Under Armor Briefs!

Life for detainees at Guantanamo Bay, while difficult, isn’t 100 percent grim. From yesterday’s Washington Post:

Undergarments from Under Armour, the sports apparel line, offer “all-day performance, delivered in a lightweight compression fit,” at least according to the company’ s promotional material. While “unprecedented” in its ability to deliver comfort, Under Armour underwear is not standard issue for detainees at Guantanamo Bay, Cuba. So when two men in detention there were found to possess the contraband briefs, the Navy attorney contacted their attorneys. One of the detainees in question is Shaker Aamer, whose release the British government wrote to request from Secretary of State Condoleezza Rice in August.

But before turning to the larger question of whether Aamer will stay or go, there’s the question of what he’s wearing. And as the recent exchange between the Navy lawyer and Aamer’s attorney Clive Stafford Smith illustrates, in the legal wrangling over detention, even details on intimates can lead to contentious debate…

You read excerpts from the hilarious correspondence, which showcase the dry British wit of Clive Stafford-Smith, over here.

But for those of you who like to look at original documents — and we know that, since you’re mostly lawyers, you love yourselves some primary docs — we’re pleased to present the complete correspondence (with original letterhead, signatures, etc.). Just click here (PDF). Enjoy!

Correspondence Between Staff Judge Advocate, U.S. Navy, and Clive A. Stafford-Smith [PDF]
An Incursion of Briefs at Guantanamo [Washington Post]

After yesterday, we thought they were all done for the Term. We thought wrong.

Some notable news from the Supreme Court today. Lyle Denniston of the invaluable SCOTUSblog reports:

In a startling turn of events in the legal combat over the war on terrorism, the Supreme Court on Friday agreed to reconsider the appeals in the Guantanamo Bay detainee cases. It vacated its April 2 order denying review of the two packets of cases. The Court then granted review, consolidated the cases, and said they would be heard in a one-hour argument in the new Term starting Oct. 1.

Such a switch by the Court — from denial to rehearing and new argument and decision — may not have occurred since 1947, in Hickman v. Taylor, 329 U.S. 495, legal sources said Friday.

So they’ve changed their mind about a cert grant for the first time in 60 years. What a neat little factoid!

But hey, being a Supreme Court justice means being able to change your mind. And never having to say you’re sorry.

(For more on the likely import of this change of heart, see Orin Kerr.)

Court switches, will hear detainee cases [SCOTUSblog]
Supreme Court Agrees to Take Guantanamo Bay Cases [Volokh Conspiracy]

* SCOTUS considers whether to open new Gitmo appeals. [New York Times]

* Meanwhile, Secretary of Defense Gates calls for Gitmo closure. [CNN]

* Spears and Federline have reached a divorce settlement, so no crazy litigation for now. [MSNBC]

* Sorority that allegedly kicked out unattractive members sues University for totally being not cool about it. [AP via Dispatch]

Have a good weekend, and Go Buckeyes!

* Unlike batting averages, Zagat numbers are not exactly accurate to begin with. And don’t you wonder who fills out those surveys anyway? [New York Post]

* You defile it, you buy it. [Morning Call]

* While this does merit more than a Non-Sequitur, a show of hands of those who really care about Phil Spector or his rip-off of William Burroughs’s “William Tell” defense. [Reuters via Yahoo! News]

* Twenty-twenty-twenty four hours to go… [Jurist]

* Southern Poverty Law Center’s getting it done. [CNN]

* NLJ reports that Camp 6 at Gitmo shows little improvement for cleared prisoners. [Law.com]

* Bobby Brown has to stay downtown (until he throws down about nineteen thou’). [CNN]

* Barry Bonds won’t cooperate in steroids investigation. [Sportsline]

* Anna Nicole Smith’s mom appeals. [CNN]