Jeh Johnson

‘They tried to make me go to rehab, and I said… sure, it’s better than going to jail!’

* President Obama nominated Thomas Perez, the head of the DOJ’s Civil Rights Division, to be the next secretary of labor. Republicans, of course, are all butthurtt, calling this a “needlessly divisive nomination.” [New York Times]

* Let’s get ready to RUMBLE! Be prepared to see some legal heavyweights next week when the Prop 8 and DOMA cases are argued before the Supreme Court, including Paul Clement and Ted Olson. [National Law Journal]

* How appropriate that Justice Scalia should break out the Spanglish for an Arizona voter registration law that requires proof of U.S. citizenship. Our beloved Wise Latina probably wasn’t too thrilled by this. [New York Times]

* To promote pay equity in law firms, the ABA is encouraging bar groups to hold conferences on the topic. The question on everyone’s minds, of course, is whether those conferences are billable. [Thomson Reuters News & Insight]

* Law schools aren’t the only places where transparency is lacking. Jeh Johnson, the DOD’s former general counsel, thinks the secrecy swirling around drone strikes is bad for the government. [At War / New York Times]

* The members of Debevoise’s displaced trusts and estates practice team have been picked up by Loeb & Loeb. Enjoy your new home, and your new — presumably lower — compensation package. [Am Law Daily]

* Lindsay Lohan took a plea deal yesterday, and instead of going to jail, she’ll be going to rehab to be kept under lock and key for 90 days. I’d say this is bad for her career, but who are we kidding? [Los Angeles Times]

* Casey Anthony’s trustee just answered my prayers. He wants the ex-MILF to sell her story to pay off her debts. I demand that LiLo be cast in the role! She’s the only one broken enough to pull it off. [Washington Post]

* “The people who are paying us say this is what we want.” When it comes to cross-border mergers, law firms aren’t becoming behemoths for the hell of it. The end goal is to be able to edge out the rest of the competition. [Wall Street Journal (sub. req.)]

* It’s been six weeks since Hurricane Sandy hit the east coast, and “[e]verybody wants to go back downtown,” but some Biglaw firms in New York City — firms like Harris Beach and Cahill Gordon — are still stuck in their temporary offices. [New York Law Journal]

* Following Jeh Johnson’s adieu to the DoD, drone-loving Harold Koh will be packing up his office at the State Department and returning to Yale Law to resume his professorship next month. [WSJ Law Blog (sub. req.)]

* According to the Bureau of Labor Statistics, the legal sector is employing 5,800 more people than it was at this time last year. We’d be in good shape if 40,000 people hadn’t graduated law school in May. [Am Law Daily]

* Another day, another wrist slap: Villanova Law has been placed on probation for by the Association of American Law Schools over its grade-inflation scandal. Does that even mean anything? [Philadelphia Inquirer]

* The Lanier Law Firm, known for its spectacular Christmas parties, hosted some country superstars at this year’s event. Guess we know where Faith Hill and Tim McGraw go for legal assistance. [Houston Chronicle]

* A slim majority of American adults think that federal government employees should just sit back, relax, and smoke a bowl instead of enforcing federal laws against marijuana use. [FiveThirtyEight / New York Times]

* “I’m sorry they are confused in the White House.” Puerto Rico’s statehood referendum received a majority of votes, but lawmakers say the results of the two-part plebiscite are too confusing to add a 51st state. [CNN]

Morning Docket: 08.31.12

* These are some sad times in Texas, y’all. It really hasn’t been a very good week for the Lone Star state in the courts. First their redistricting plan got thrown out, and now their voter ID law has been struck down. [CNN]

* Jeh Johnson of the Defense Department may take legal action against the former Navy SEAL who wrote a book about the Osama bin Laden raid, calling it a “material breach” of duty. Must be good; go buy it! [CBS News]

* Bros will be bros: disbarment has been recommended for an attorney who failed to disclose to clients that he had been suspended for banging an underage chick who worked at his office. [National Law Journal]

* Here are 15 Northeast law schools ranked by employment rate. After getting excited that mine was on the list — albeit dead last — I realized I’m seriously a low expectation havin’ motherf**ker. [Boston Business Journal]

* George W. Huguely V, the UVA lacrosse player who beat his girlfriend to death, was sentenced to 23 years in prison. Distasteful joke alert: for his sake, we hope the prison uniforms have poppable collars. [Bloomberg]

* A Maryland lawyer with autism and Sensory Processing Disorder has created a way for people to stop getting up in your personal space while riding public transportation. Say hello to the Sensory Shield! [Huffington Post]

Jeh Johnson

The wars in Iraq and Afghanistan. The fate of Guantanamo Bay. The repeal of “Don’t Ask, Don’t Tell.” The rise of WikiLeaks. The raid on Osama Bin Laden’s compound. The conflict in Libya.

On these and many other critical national security legal issues, one of the most important advisers to Defense Secretary Robert Gates and President Barack Obama’s White House has been Jeh C. Johnson, General Counsel of the Department of Defense. In light of his role as senior legal adviser to the largest government agency in the world, responsible for the work of over 10,000 lawyers, it is no understatement to describe Johnson as one of the powerful and influential lawyers in the entire federal government.

I recently went down to Washington to interview Johnson in his office at the Pentagon. If you think security at your law firm is tight, visit the Pentagon. I had to pass through a metal detector and multiple security checkpoints before arriving at Johnson’s office, located on the E Ring within the mammoth structure — the world’s largest office building by floor area, with over 6.5 million square feet housing over 25,000 employees. (I was accompanied at all times by a member of Johnson’s staff, which prevented me from getting lost inside the maze-like complex.)

Before entering Johnson’s private office, I had to surrender my Blackberry – the office is a SCIF (pronounced “skiff”), or “Sensitive Compartmented Information Facility.” This means that it is specially designed to prevent eavesdropping, thanks to walls and doors of specified thickness and the use of jamming technologies. The windows of Johnson’s office, tinted a yellowish green, are blast-resistant and designed to preclude visual surveillance.

Once I made it to the inner sanctum, I was in for a treat. My wide-ranging discussion with Jeh Johnson covered his remarkable career path, which has included service as a federal prosecutor, partnership at a top law firm (Paul Weiss), and his current post as GC of the Defense Department; the virtues of public service, as well as the growing challenges for lawyers interested in it; and Johnson’s advice for law students and lawyers who aspire to careers in government (hint: keep your nanny on the books)….

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Katherine Forrest: Why isn't her net worth higher?

As I’ve previously mentioned, one of my favorite parts of the judicial nomination process is the attendant financial voyeurism. Judicial nominees are required to make detailed disclosures about their finances, allowing us to learn about their income and net worth. For example, thanks to her nomination to the Supreme Court last year, we got to learn about Elena Kagan’s net worth.

Last week, the Senate Judiciary Committee released financial disclosure reports for several of President Obama’s recent judicial nominees — including antitrust litigatrix Katherine B. Forrest. Forrest has been nominated to the mind-blowingly prestigious Southern District of New York, perhaps the nation’s finest federal trial court. As a highly regarded lawyer who has won numerous awards and accolades (listed in her SJC questionnaire), Forrest will fit right in if confirmed to the S.D.N.Y. — a superstar among superstars.

The fabulous Forrest currently serves as a deputy assistant attorney general in the Department of Justice’s antitrust division. She joined the DOJ last October — a commendable public-service commitment that required her to relinquish her partnership in one of America’s mightiest and most prestigious law firms, Cravath, Swaine & Moore. When she left to pursue government service, Forrest had been a Cravath partner for over 12 years (since 1998), and had been with the firm for about 20 years in all (since 1990).

At the time of her departure for the Justice Department, Katherine Forrest had been taking home hefty paychecks for decades. First she was an associate at Cravath, which pays its people quite well, in case you hadn’t heard. Then she was a partner at the firm (reportedly one of the most well-liked and most powerful younger partners) — from 1998 to 2010, a period in which average profits per partner at CSM routinely topped $2 million and occasionally exceeded $3 million. And remember that Cravath is a lockstep partnership with a reported 3:1 spread, meaning that the highest-paid partners make no more than three times as much as the lowest-paid partners. So it’s not possible that she was earning, say, $400,000, while other partners were earning millions (which can be the case at firms with higher spreads).

In light of the foregoing, what is Katherine Forrest’s net worth, according to her Senate Judiciary Committee financial disclosures? Not as much as you might expect….

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I’d have to say I’m not particularly optimistic that they’re going to get this done.

— Defense Secretary Robert M. Gates, discussing whether or not the Senate will vote to repeal “don’t ask, don’t tell” before the end of this year.

This legal uncertainty is not going away anytime soon.

Jeh Johnson, general counsel to the Defense Department (and former Paul Weiss partner), also discussing DADT.