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]
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Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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