Attorney General

Eric Holder

Now that Eric Holder has announced his departure as attorney general, talk has turned to who his successor will be — and should be. Early buzz has centered around Solicitor General Donald Verrilli, but there are other compelling candidates as well, including lots of legal luminaries that Above the Law readers will recognize.

Who will be our nation’s next AG? And who should be the next AG? Let’s discuss….

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President Obama formally announced the resignation of U.S. Attorney General Eric Holder this week. Filling the position ordinarily poses a political challenge, but installing Holder’s successor will be particularly rancorous. And we have Eric Holder himself to thank for that.

With Congressional midterm elections weeks away, confirmation hearings for a new AG any time soon seemed unlikely at first. However, Senator Patrick Leahy (D – VT), the chair of the Senate Judiciary Committee, announced that he intends to urge the confirmation process onward. “Definitely, we should have confirmation hearings as quickly as possible in the Senate,” Leahy told MSNBC’s Andrea Mitchell. Changes to Senate rules allow debate to end over executive and judicial branch nominees (except for nominees for Supreme Court vacancies) with a simple majority vote, rather than a supermajority of 60 votes. At least until the January 2015 session, when the Senate can revisit the rule change, Senators cannot filibuster the vote on Eric Holder’s potential successor. No matter what shifts occur after the upcoming elections, Republicans hold only 45 seats in the Senate until January 2015. So, Democrats acting quickly hold an advantage. However, Democratic senators facing dicey election contests may not be enthusiastic about their party’s push for hearings before the election.

The AG confirmation process opens a new battlefield in the war between supporters of President Obama and his critics. The battle to confirm Eric Holder’s successor promises to be messy. Senate Republicans will treat the process as a referendum on everything President Obama has done — possibly everything his critics suspect he might want to do. Washington politics makes this sort of fight possible. The timing of Holder’s resignation, a few weeks ahead of Congressional midterm elections, makes this plausible. But Eric Holder himself made this battle necessary.

So, how did Holder generate so much bad blood?

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NPR has a breaking scoop. Sources report that Attorney General Eric Holder will announce his resignation today.

Holder is one of the longest-serving members of Obama’s cabinet. People have called him the most “racially divisive” AG in history. In related news, he’s also African-American, a fact that has really seemed to piss some people off.

It’s been a few weeks without a manufactured “scandal” landing on his desk, so maybe now is a good time to go back to private practice and make millions of dollars?

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Dean Evan Caminker

* Eric Holder has agreed to serve once more as attorney general during President Barack Obama’s second term, but he still plans to leave at some point — after all, he’s no “Janet Reno of the Justice Department.” [Blog of Legal Times]

* AIG will not join the lawsuit against America. To put that in terms that should be just as outrageous, former AIG CEO Hank Greenberg is still suing America. [Washington Post]

* For those who care about Biglaw firms and the landlords who love them, fear not, because there’s a whole lot of moving and shaking in terms of commercial real estate deals for Arnold & Porter, Goodwin Procter, and Sidley Austin. [Am Law Daily]

* Jacoby & Meyers scored at the Second Circuit: its attack on New York’s ban on non-lawyer firm ownership was reinstated. Soon Walmart will own a firm with “Low Prices. Every day. On everything.” [Bloomberg]

* Who’ll step in to fill Evan Caminker’s $400,000+ shoes as the next dean of Michigan Law? None other than Mark West, who’d like to improve financial aid and loan repayment programs. [National Law Journal]

* Gun nuts, commence your rioting… now. If passed, Governor Andrew Cuomo’s sweeping gun-control proposal would make New York the state with the strictest gun laws in the country. [WSJ Law Blog (sub. req.)]

* Speaking of needless gun violence, by Friday, we’ll know whether there’s enough evidence to move forward with a trial for James Holmes, the accused shooter in the Aurora movie theater massacre. [New York Times]

* “We know in our hearts that for the United States of America, the best is yet to come.” Barack Obama was re-elected as president. Bring on the hope and change! No, seriously. [New York Times]

* In news that shouldn’t come as a surprise, regardless of who won the presidential race, there are still post-election voting issues that will likely be resolved in the courts. [Blog of Legal Times]

* But what we really want to know is who will be our country’s next attorney general. Because if anyone can fill Eric Holder’s shoes, it’s Preet Bharara, the U.S. attorney for the S.D.N.Y. [WSJ Law Blog]

* In other important news, several states approved gay marriage ballot initiatives, and others legalized marijuana. But hopefully you don’t have a case of the munchies yet — federal law still says it’s illegal. [CNN]

* They helped American citizens “ba-rock” the vote: hundreds of law students from around the country rallied around the craziness of Election Day to volunteer their assistance to worthy causes. [National Law Journal]

* Biglaw firms in NYC are still reeling after Hurricane Sandy. While WilmerHale set up temporary offices last week, both SullCrom and Fried Frank could be out of commission for weeks. [Reuters; New York Times]

* At this point, in-house counsel are kind of like the McKayla Maroneys of the legal profession, because they are seriously unimpressed with outside counsel’s efforts to improve services and fees. [Corporate Counsel]

* Judge Theodore Jones, associate judge of the New York Court of Appeals, RIP. [New York Law Journal]

Earlier today, the Obama administration “won” the health care decision. This afternoon, they “lost” a partisan struggle. Congress voted to hold Attorney General Eric Holder in contempt of Congress. Holder becomes the first attorney general, and really, the first cabinet member, to be held in contempt.

Two hundred and fifty five Congresspeople voted to hold Holder in contempt. Twenty Democrats joined the vote. Shockingly, the National Rifle Association decided to “score” the vote as part of the Representatives report card on gun laws. Voting for contempt gets a “good score” from the powerful lobbying group, and many believe that explains the 20 chicken s*** Democrats who voted for contempt.

Holder is being accused of not cooperating with Congress’s ongoing investigation into the Fast and Furious program. It’s not clear that Holder even knew about the program. But, you know, Republicans are in the majority in Congress so they don’t really have to explain why they’re going after the Attorney General….

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