Back in December, we suggested that Judge Noel Hillman (D.N.J.) was probably going to be nominated to the Third Circuit. We wrote: “[N]ominating Judge Hillman to the court of appeals actually makes political sense for the White House — especially in its current, weakened state…. Picking a nominee who made it through the Senate just a few months ago would be a shrewd move. Since the two New Jersey senators supported Hillman for the district court, it would be awkward for them to oppose him for the circuit court now.”
But things appear to have changed. From the Newark Star-Ledger:
In an abrupt about-face, President Bush has decided against nominating Noel Hillman, a veteran prosecutor and now federal judge in Camden, to the seat on the 3d U.S. Circuit Court of Appeals that was held by Supreme Court Justice Samuel Alito Jr….
Hillman confirmed the news. He said the speculation about his possible elevation to the court of appeals was “flattering,” adding he now has “every confidence that our president will choose someone for the current vacancy worthy of his trust, worthy of the position, and worthy of Senate confirmation.”
Some questions for our readers:
1. What’s behind the White House’s change of heart? Was it, as suggested by the Star-Ledger, concern “that Hillman’s Senate confirmation hearing could become an inquisition into the behind-the-scenes operations of the Justice Department”? Or is there something more here, perhaps specific to Judge Hillman?
(If the White House is worried about Hillman hearings turning into another fishing expedition into the DOJ, we can hardly blame them. After all, look at all the dirty laundry that got aired when former Deputy Attorney General James Comey testified yesterday. What a mess!)
2. Now that Judge Hillman is out of the running, who is likely to get the nod?
Attorney General Alberto Gonzales may be slightly more secure in his position these days than in the recent past, when it was looking like “Gonzales” was Spanish for “canned.” But he’s not out of the woods yet — which is why speculation about possible successors continues.
Ben Wittes, writing for TNR Online, has some excellent insights. His overall take:
[B]etween a sinking administration that still demands loyalty above all else and congressional Democrats keen on using their new oversight powers, finding a candidate who satisfies both sides will be hard. The next attorney general must be someone acceptable enough to Democrats not just to get confirmed but to tamp down the fire Gonzales has witlessly set.
But he must also be enough of a conservative to satisfy the White House. And he needs a reputation for probity and moral seriousness sufficient to speak to the public and to Congress with the respect that Gonzales obviously lacks. It’s a tall order–a pinch so tight that it squeezes out almost all of the names being bandied about in public.
Wittes then marches through various possible nominees. Discussion continues, after the jump.
Yeah, we know: Attorney General Alberto Gonzales remains in office.* But his days are looking numbered. He’s received the kiss of death — a presidential expression of “confidence” — and even some Republicans are calling for his resignation.
So we have to ask:
If Alberto Gonzales steps (or gets pushed) aside, who should take his place as Attorney General?
We’re rooting for Shanetta Cutlar. But if she doesn’t get tapped, Andrew Cohen floats this interesting idea.
Right now, Patrick Fitzgerald is most well-known for his (successful) work on the Scooter Libby case. This may preclude his selection as AG, given the political hot potato that it turned into — and the embarrassment it caused for the Bush Administration.
But let’s not forget that, setting aside the Libby case, Fitzgerald has the background that one would normally seek in an Attorney General. He’s the U.S. Attorney for the Northern District of Illinois (Chicago), one of the nation’s most prestigious prosecutor’s offices, and he has some serious additional credentials.
After graduating from one of our nation’s finest high schools (shameless plug for our alma mater), Pat Fitzgerald went on to Amherst College and Harvard Law School. Before taking over as the U.S. Attorney for the Northern District, he was a line prosecutor in the legendary Southern District of New York. As an AUSA in the SDNY, he worked on some major prosecutions, including the trials of Omar Abdel Rahman and Ramzi Yousef. He has been praised for his work as U.S. Attorney in Chicago.
Thoughts? Nominating Fitzgerald as AG might be kinda crazy, but kinda brilliant. It would change the story line big time, in a way that the White House might welcome.
(Some other random names we’ve heard as possible AG candidates: former Deputy Attorney General James B. Comey; SEC Chairman Christopher Cox; and Judge Laurence H. Silberman, of the D.C. Circuit.)
* It’s a rainy Friday afternoon, not much is going on, and people aren’t paying attention to the news. If you’d like to step down, Mr. Attorney General, there are still several hours of prime resignation time available to you. The Case for Attorney General Patrick Fitzgerald [Washington Post / Bench Conference]
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
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