Michael Mukasey

Morning Docket: 10.18.07

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Michael Vick middle finger Abovethelaw Above the Law blog.jpg* So how did Michael Mukasey do yesterday? Here’s a collection of some coverage. [How Appealing (linkwrap)]
* He totally should have mailed it to himself before faxing it to the Ravens. Also, not a joke, just a fact: the caption is over half of this 37-page opinion. [U.S. Court of Appeals for the Fourth Circuit (PDF) via How Appealing]
* How many businesses was Vick opening? Yet another bank sues him over a business loan. [Fulton County Daily Report]
* Speaking of Vick getting sued, he got sued by a South Carolina inmate again, and it’s not Jonathan Lee Riches. [Atlanta Journal-Constitution]
* Can’t we all just agree that a little less process is due in this case? [CNN]
* SCOTUS stays Virginia execution. [CNN]

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Liveblogging the Michael Mukasey Confirmation Hearings

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Michael Mukasey Chief Judge Michael B Mukasey SDNY Above the Law blog.jpgWe’re going to liveblog the Senate Judiciary Committee confirmation hearings for the nomination of Michael Mukasey as Attorney General. We don’t know how long we’ll do this; it will depend upon how interesting the proceedings are. And they might not be that interesting, since Mukasey’s confirmation isn’t really in doubt.
But who knows? Maybe there will be some interesting fireworks, as the Democrats try to use the hearings to score political points. Here we go.
10:03: Sen. Patrick Leahy (D-VT) calls the session to order. He warns that people who demonstrate within the hearing room with be thrown out. Good for him — those people are so annoying.
10:06: Senator Leahy reads his introductory remarks. He criticizes Alberto Gonzales’s tenure as Attorney General and pats himself on the back for having voted against Gonzales’s confirmation as AG.
10:16: Opening statement by Sen. Arlen Specter (R-PA). Snazzy lime green tie. He mentions that he’ll have to step out during the hearings because of another hearing held by a committee where he is ranking member.
10:18: Sen. Leahy notes that the nominee will be introduced by Senator Lieberman, who was Judge Mukasey’s law school classmate, and Sen. Schumer.
10:19: Sen. Chuck Schumer (D-NY) introduces Judge Mukasey. Warm words. Senator Schumer’s admiration for Judge Mukasey, whom he floated once as a possible Supreme Court nominee, is well-known. But it’s still remarkable to see Chuck Schumer speaking so warmly about a Bush Administration nominee — in front of cameras, no less.
More after the jump.

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Non-Sequiturs: 09.28.07

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Chelsea Clinton Osso Bucco Nino Selimaj Above the Law blog.jpg* Ann Althouse on the Chelsea Clinton restaurant photo controversy from earlier this week: “‘We reserve the right to exercise any and all options available to us.’ What kind of crap is that?” [Althouse]
* Our apologies to Brian Dalton of Vault for the snark from earlier today. How were we to know that a New York Times reporter would screw up a quote so badly? [Void for Vagueness]
* During a little over a year at Patterson Belknap, Michael Mukasey apparently earned about $1.9 million. And he wants to be AG to a lame-duck president, for a little over a year, because… [Bloomberg News via WSJ Law Blog]
* Congratulations to Hofstra on its #1 status! (Among tier 3 and tier 4 faculties.) [TaxProf Blog]
* John Carney argues that SEC chairman Chris Cox should reject the new proposed proxy access rule, which would actually harm ordinary investors. That Carney, he’s so contrarian. [DealBreaker]
* Are you a young lawyer looking for financial advice? Check this out. [WSJ Law Blog]

Non-Sequiturs: 09.21.07

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Paul Cassell Judge Paul G Cassell Above the Law blog.jpg* As a judge, Michael Mukasey cited Shakespeare in snarking on — and striking down — the federal sentencing guidelines. [AP]
* Speaking of district judges, the well-regarded Judge Paul Cassell (D. Utah — at right) is resigning from the bench — partly due to low judicial pay. [Sentencing Law & Policy via WSJ Law Blog]
* What not to wear when you go to the airport. [Boston Globe]
* Unlike, say, the Ninth Circuit, the Second Circuit follows on-point Supreme Court precedent. [TaxProf Blog]
* Your submissions for Blawg Review #127 are respectfully requested. [Deliberations]
Update: The citation for the Mukasey opinion is United States v. Mendez, 691 F. Supp. 656, 663-64 (S.D.N.Y. 1988).
Back in this post, in which we incorrectly predicted that Mukasey wouldn’t get the AG nomination, we wrote: “We’d also add that Judge Mukasey probably isn’t solidly conservative enough for the White House. See, e.g., his views on the federal sentencing guidelines.”

Michael Mukasey’s Former Clerks: They Like Him, They Really Like Him

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Michael Mukasey Chief Judge Michael B Mukasey SDNY Above the Law blog.jpgAre you trying to remember whether any of your law school classmates or colleagues clerked for former judge Michael Mukasey (S.D.N.Y.), President Bush’s nominee to replace Alberto Gonzales as attorney general?
Well, you’re in luck. Every single one of Judge Mukasey’s former law clerks signed a glowing letter of recommendation for the judge, in which they praise him as a jurist and mentor and urge his speedy confirmation as AG. Their letter was transmitted to the Senate last night.
You can check out the letter, including the list of signatories, after the jump.

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Mr. Mukasey Goes to Washington

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Michael Mukasey Chief Judge Michael B Mukasey SDNY Above the Law blog.jpgWe’ve done relatively little about the nomination of former judge Michael Mukasey to serve as attorney general. While the WSJ Law Blog was dredging up his third-grade book reports — okay, not quite, but some college newspaper articles that he may or may not have written — we didn’t have much. But now we’d like to atone for that, with a piece we just did for the New York Observer.
We speculate that Michael Mukasey might be in D.C. longer than he might expect, especially if his good friend Rudy Giuliani wins the presidency (and possibly even if fellow New Yorker Hillary Clinton does). We discuss how he might have come to be picked as AG, despite not being a D.C. denizen like Ted Olson, Laurence Silberman, or George Terwilliger:

Mr. Mukasey was simply more of a known quantity to the White House than the typical Beltway outsider. The White House staff includes three former assistant U.S. attorneys from Manhattan, as well as other ex-New York lawyers who regularly practiced before Mukasey as a judge. Among the New Yorkers at 1600 Pennsylvania Avenue, Mr. Mukasey enjoyed great respect, and was viewed as ideologically acceptable too, especially on war on terror issues.

The rest of the piece, including a discussion of what might be called the Curse of the Southern District (from President Bush’s point of view), is available here.
Mr. Mukasey Goes to Washington [New York Observer]
An Old Friend Joins Giuliani in a Spotlight [New York Times]

Non-Sequiturs: 09.17.07

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Larry Craig airport mens room bathroom Above the Law blog.jpg* Don’t try doing #2 at the Larry Craig airport bathroom, unless you want tourists photographing your ankles in a “wide stance.” [BBC via Althouse; Idaho Statesman via Drudge]
* Did President Bush pick Michael Mukasey as his AG nominee to avoid a “bruising, potentially embarrassing fight” with the Democrats? Or is that analysis “way too facile”? [NYObserver.com; Marc Ambinder]
* Can New England Patriots coach Bill Belichick deduct his $500,000 fine? [TaxProf Blog via WSJ Law Blog]
* Blawg Review #126 is now available — with a heavy emphasis on business and the law (subjects of great interest to many of you). [Small Business Trends via Blawg Review]

Morning Docket: 09.17.07

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* GM workers take break from, um, not working. [New York Times]
* Jena 6 charges thrown out because not filed in juvenile court. [CNN]
* O.J. gets squeezed for alleged Vegas robbery. [AP via Athens Banner-Herald]
* Mukasey it is. [New York Times]

Who Will Be the Next AG? Michael Mukasey

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Michael Mukasey Chief Judge Michael B Mukasey SDNY Above the Law blog.jpgNo official announcement has been made (despite the claim of Wikipedia that “[o]n September 16, 2007, President George W. Bush nominated Mukasey to serve as the 81st Attorney General of the United States”). But numerous news outlets are reporting that President Bush has selected Michael B. Mukasey — currently a partner at Patterson Belknap Webb & Tyler in New Yorker, and former chief judge of the S.D.N.Y. — as his attorney general nominee, to replace Alberto Gonzales.
We’ll have more to say after an official announcement, which could come as early as tomorrow morning. In the meantime, read Judge Mukasey’s interesting, frequently cited Wall Street Journal op-ed piece, on the Jose Padilla case (which he handled in part).
If you have firsthand experience with Judge Mukasey — e.g., as a litigant who has appeared before him, or as one of his law clerks — please share your thoughts in the comments, or by email. Thanks.
Bush plans to pick Mukasey for A.G. [Politico.com]
Bush Settles on Mukasey to Replace Gonzales [Washington Post]
Bush Expected to Name Judge as Gonzales’s Successor [New York Times]
Judge Top Contender to Replace Gonzales: Aide [Reuters]
Bush Picks Mukasey as Attorney General [AP]
Sources: Retired judge may replace Gonzales [CNN]
Jose Padilla Makes Bad Law [Wall Street Journal]
Michael B. Mukasey [Wikipedia]

Musical Chairs: 8.8.06

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musical chairs above the law legal blog above the law legal tabloid above the law legal gossip site.GIFOur summary of the most important or interesting moves within the profession. If you have any good gossip about these job changes and the players involved, or forthcoming announcements, please drop us a line (subject line: “Musical Chairs”).
Lateral Moves:
* Former federal prosecutor and white-collar criminal defense lawyer Walter Loughlin, to Kirkpatrick & Lockhart Nicholson Graham, from Latham & Watkins.
* Real estate lawyers Raymond Sanseverino, Richard Nardi, and Kenneth Sold, to Loeb & Loeb, from Brown Raysman Millstein Felder & Steiner.
* Litigator Keith Miller, to Paul, Hastings, Janofsky & Walker, from Kirkpatrick & Lockhart Nicholson Graham.
* Corporate lawyer David Dedyo, to Paul, Hastings, Janofsky & Walker, from White & Case.
New Partners:
* Alston & Bird: Real estate lawyer William Stefko (from CWCapital LLC).
* Patterson Belknap Webb & Tyler: Judge Michael Mukasey, returning to the firm after serving as a federal judge (S.D.N.Y.).
NY Litigation Partner Switches Firms [NYLawyer.com]
More NY Partners Switching Firms [NYLawyer.com]

Another Judge Leaves for Greener Pastures

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It used to be exceedingly rare for a federal judge to leave the bench for private practice. But times are changing.
Earlier this summer, Fourth Circuit Judge J. Michael Luttig — frequently mentioned as a possible Supreme Court candidate, and the nation’s top judge when it comes to feeding his clerks into prestigious Supreme Court clerkships — surprised the legal world by flying the Article III coop. He headed off to Boeing, to assume the position of general counsel at the aerospace giant.
And now the acclaimed Southern District of New York, generally regarded as the nation’s most prestigious federal trial court, is losing its chief judge. Chief Judge Michael Mukasey is returning to the partnership of Patterson Belknap Webb & Tyler, where he practiced before President Reagan appointed him to the bench. In addition to his partnership draw at Patterson, where profits-per-partner are in the seven figures, he’ll receive his annual judicial pension of $165,000. KA-CHING!
Mukasey will be replaced as chief judge by the luscious Kimba Wood. Judge Wood, of course, is the ex-Playboy bunny who reigns as the #1 Superhottie of the Federal Judiciary.
Judge Mukasey is known as an efficient, hardworking, and occasionally cantankerous judge. One lawyer who appeared before him describes him as someone “who doesn’t suffer fools gladly.”
Sounds like the transition to Biglaw partner will be pretty easy for Mukasey.
As Judge Leaves for Law Firm, His Legacy Is Remembered [New York Sun]