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Michael Mukasey

Good News for Goodling: No Prosecutions in DOJ Hiring Scandals

Michael Mukasey Chief Judge Michael B Mukasey SDNY Above the Law blog.jpgThe annual meeting of the American Bar Association (ABA) is in full swing. We haven't been able to make it over there, but luckily we have tipsters on the ground.

This morning, Attorney General Michael Mukasey addressed the conference. From an attendee:

I am sitting in the ABA House of Delegates right now, and Mukasey just admitted that "the system failed" [with respect to Department of Justice hiring practices].

He is addressing these issues head on.

A more detailed account, from the AP:

Attorney General Michael Mukasey on Tuesday said former Justice Department officials will not face prosecution for letting improper political considerations drive hirings of prosecutors, immigration judges and other career government lawyers.

Mukasey used his sharpest words yet to criticize the senior leaders who took part in or failed to stop illegal hiring practices during the tenure of his predecessor, Alberto Gonzales.

But, he told delegates to the American Bar Association annual meeting, "not every wrong, or even every violation of the law, is a crime. In this instance, the two joint reports found only violations of the civil service laws."

Sounds wise to us. To those of you who say Mukasey is just protecting his own, it's worth noting that (1) he's not exactly a political hack (he was a sitting judge for some 20 years before becoming AG), and (2) lately the DOJ hasn't been shy about going after Republicans. E.g., Senator Ted Stevens (R - Alaska).

Perhaps some of you disagree? Feel free to sound off, in the comments.

Mukasey: No prosecutions in Justice hiring scandal [AP via Yahoo! News]
DOJ Has Cleaned House, Mukasey Tells ABA [ABA Journal]

Oh, The Places You'll Go, or Law School Commencement Speakers

Commencement.jpgLaw school commencement speakers have a tough gig, coming up with original pearls of wisdom for people who already know it all. We wish this year's crop of speakers luck! The TaxProf Blog has a list up of the chosen few here (also available after the jump).

ATL has a top ten list for you, with the reason he or she made the cut. In no particular order:

1/2/3. Stephen Breyer, at American University / Samuel Alito, at Catholic University / Stephen Breyer, at Northeastern

Breyer- 2. Alito- 1. The rest of SCOTUS- 0.

4. Jerry Springer, at Northwestern

For the ability to generate a comment clusterf*ck. Our question: Will there be midgets?

5. Timothy Finchem (Commissioner of PGA Tour), at UVA

Maybe he'll offer golf swing advice. That's probably more useful than the usual commencement speech wisdom.

6. Scott Turow (legal novelist), at Loyola-New Orleans

As suspenseful as his novels are, we bet he can craft an exciting graduation speech.

7. Sandra Day O'Connor, at William & Mary

As good as a sitting justice? Maybe better, since she can spill more dirt.

8. Ted Turner, at Baltimore

Perhaps the CNN founder will talk about how Nancy Grace has changed the face of justice reporting. Her report on an 18-month-old forced to smoke a marijuana pipe. Wow. Inspirational.

9. AG Michael Mukasey, at Boston College

No Founder's Medal for you!

10. Ohio AG Mark Dann, at Case Western

We hope he rolls up in the "Sunshine Express," his SUV with flames down the side. And brings his trouble-making posse.

Law School Commencement Speakers [TaxProf Blog]

Continue reading "Oh, The Places You'll Go, or Law School Commencement Speakers"

Gay at DOJ? Hip Hip Hooray!

Chris Hook Christopher Hook DOJ Pride gay Above the Law blog.jpgNot 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]

Morning Docket: 01.30.08

* "T.Owes." [ESPN]

* Rebates to $500? [CNN]

* AG Mukasey won't label waterboarding. [MSNBC]

* Sen. McCain wins Florida, Rudy to bow out. [New York Times; Washington Post]

* Federal inquiry into stolen artifacts expands. [New York Times]

* Margaret Truman, only child of President Truman and author of mysteries set at the Supreme Court and the FBI, RIP. [AP]

Morning Docket: 01.29.08

* Resignation in Detroit text-message scandal (previously discussed here). [Detroit News]

* A proud American tradition unknown in the rest of the world: bail for profit. [New York Times]

* Legal luminaries at the SOTU. [WSJ Law Blog]

* Trial begins in alleged microwaving of infant. [CNN]

* TRO against Patriots' Moss extended until after Super Bowl. [SI]

* Mortgage crisis may affect litigation departments. [WSJ Law Blog]

* U.S. jails Colombian FARC leader. [BBC]

Morning Docket: 11.16.07

* 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)]

Breaking: Michael Mukasey Nomination Voted Out of SJC

Michael Mukasey small Chief Judge Michael B Mukasey SDNY Above the Law blog.jpgThe 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]

Where in the World is Jan Crawford Greenburg?

Jan Crawford Greenburg 3.jpgOne 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]

Morning Docket: 10.30.07

* The war on punitive damages continues. [USA Today via How Appealing]

* Suspect from Burning Man burning to burn something else. [Reno Gazette-Journal]

* Senators want clarification from Mukasey on waterboarding. [Jurist]

* Lerach pleads guilty. [Los Angeles Times]

* Do we have a de facto moratorium on executions pending this term's SCOTUS lethal injection case? We should find out today. [New York Times]

Morning Docket: 10.23.07

Volkswagen Fahrvergnügen Porsche Above the Law blog.jpg* Some Fahrvergnügen for Porsche, courtesy of the European Court of Justice. [How Appealing (linkwrap)]

* Surprise surprise: a Yale law professor has issues with Michael Mukasey. Professor (and novelist) Jed Rubenfeld questions the nominee's views of executive power. [New York Times via WSJ Law Blog]

* If confirmed, Mukasey has his work cut out for him. "Clearly the Justice Department has lost its mojo," said WilmerHale partner Reginald Brown. [Legal Times]

* Obama criticizes Hillary in Iowa mailing. [Politico via Drudge Report]

* A (very close) vote is expected this week on Leslie Southwick's Fifth Circuit nomination.
[Fox News via How Appealing]

Additional links, after the jump.

Continue reading "Morning Docket: 10.23.07"

Morning Docket: 10.18.07

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]

Liveblogging the Michael Mukasey Confirmation Hearings

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.

Continue reading "Liveblogging the Michael Mukasey Confirmation Hearings"

Non-Sequiturs: 09.28.07

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

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

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.

Continue reading "Michael Mukasey's Former Clerks: They Like Him, They Really Like Him"

Mr. Mukasey Goes to Washington

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

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

* 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

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

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]