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U.S. Attorneys Offices

Former U.S. Attorney v. Angry Estranged Husband
(And some reflections on reputation in the internet age.)

Tom O'Brien Thomas O'Brien Paul Hastings.JPGThomas O’Brien is the former U.S. Attorney for the Central District of California. He recently joined Paul Hastings, which trumpeted his arrival in a press release. Tom O’Brien is a public figure — he used to be the top federal prosecutor in Los Angeles, nominated by the president and confirmed by the Senate — so he’s used to a little public scrutiny.

But O’Brien couldn’t have been prepared for what happened when his girlfriend’s estranged husband took an unauthorized stroll through her email inbox. The husband found emails between O’Brien and his wife, and they didn’t make him happy.

Instead of handling the situation like a rational adult, the husband — we’ll call him “Ken” — decided to bombard the professional networks of both O’Brien and his wife (also an attorney) with the “pillow talk” emails he discovered. Ken attempted to cast the relationship between O’Brien and his (Ken’s) wife as an affair.

This is not the first time such a thing has happened. Back in 2008, the New York Times reported on a husband’s similar vendetta against a successful Wall Street banker, carried out online. Earlier this year, as Above the Law readers may recall, a cuckolded husband emailed sexting messages between his wife and a White & Case attorney to all of the lawyers at White & Case in Miami.

Ken took this aggressive strategy one insane step further, apparently emailing every lawyer he could think of. You may have already received Ken’s emails, especially if you’re in California, from Ken himself or via email forward.

Is spamming an entire professional network the new revenge of the spurned lover? Are lawyers, as members of a profession that is surprisingly small and highly reputation-conscious, especially vulnerable to this tactic? Does this approach actually work?

After the jump, let’s look at the offense and the (over)reaction.

Continue reading "Former U.S. Attorney v. Angry Estranged Husband(And some reflections on reputation in the internet age.)"

Morning Docket 08.11.09

Heller Ehrman small logo.jpg* There was serious shadiness at dissolved firm Heller Ehrman. Information coming to light during bankruptcy proceedings suggests that, in 2008, the firm distributed $9 million in profits that it did not have and then covered it up. [The Recorder]

* Paul Hastings nabs Central District of California U.S. Attorney Thomas O’Brien. [Associated Press]

* Canadian inmate wants cruel and unusual punishment. [Courthouse News Service]

* Kudos to Preet Bharara, the new U.S. attorney for the Southern District of New York. Ashby Jones wonders whether he’ll “be able to play it straight as a prosecutor, and extricate himself from the muddy world of politics.” [New York Times via WSJ Law Blog]

* The system of justice in Myanmar lacks some justness. [CNN]

* Not so fast. Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York refuses to sign off on the Bank of America - SEC settlement. [Washington Post]

* Some tips on using a coffeehouse as your office. [My Shingle via ABA Journal]

Non-Sequiturs: 05.15.09

maury povich 8th amendment.jpg* I would have no problem at all if potential SCOTUS justices had to answer this questionnaire and those answers had to be published and discussed during the confirmation hearing. [Daily News]

* Married men looking for sex slaves might want to consider the words of the wise Falstaff. Discretion is the better part of valor. [True/Slant]

* New Hampshire Governor John Lynch has some ideas about reelection religion. [Law Dork 2.0]

* New U.S. Attorneys have been named for New York and New Jersey. I suggest laid off associates start networking with these guys now. Remember, today’s U.S. Attorneys are tomorrow’s rainmakers. [City Room]

* Isn’t being forced to watch Maury Povich a clear violation of the 8th Amendment? I don’t mean liberal “whaaa, when I go to prison, sometimes they give me bad touches” violation. I mean a straight up, dress you in a bonnet and make you watch surveillance DVDs of your mom having sex with your stepdad, violation of the 8th Amendment’s prohibition against cruel and unusual punishment. [Popsquire]

(Hoping-to-be-rehired) Lawyer of the Day: Dan Bogden

dan bogden.jpgThe mainstream news media have tuned into layoffs in the legal world. The essence of most of the MSM coverage is, “You know things are really bad when lawyers start getting fired.” Thankfully, legal layoffs seem to have subsided somewhat, or at least not been so fast and furious as in months past. We welcome the respite and the chance to do the fun news: law revue contests, bad legal mamas, and gunners gone wild.

This week, The Atlantic spilled some ink for a legal firing of the political variety. Murray Waas has a piece on former Nevada U.S. Attorney Dan Bogden. The U.S. attorney firings are a story of yesteryear — specifically, 2006 — but there are still questions that have not been answered, including the reason why Bogden got the boot.

During his time as a U.S.A., Bogden got rave reviews from superiors at the DOJ. He has never received an adequate explanation for why he got pink slipped, even though the Inspector General devoted a whole chapter of its 358-page report on the firings to Bogden.

As noted by the WSJ Law Blog, the Atlantic article sheds a little light on the firing. Apparently, kids would have helped his job security:

“I’m concerned about Bogden,” [Deputy attorney general Paul McNulty] told [AG AG chief of staff, D. Kyle Sampson] and a few other senior DOJ officials in the room. “… he’s 50, hasn’t had a job in [the] private sector, and what about his family.”

According to Sampson’s account, another senior official corrected McNulty: “He’s a bachelor,” the official said, “He’s single.”

As Sampson recalled to investigators, McNulty responded, “Okay never mind.” McNulty, Sampson said, “then got up and left my office.”

When questioned by investigators, McNulty did not disagree with Sampson’s basic version of events. Having learned that Dan Bogden was a bachelor, McNulty recalled, “I guess I don’t have any objection [anymore] to going forward.”

We didn’t know the detective from the Wire was working for the DOJ. Cool.

The article goes on to reveal that the screwed over fired U.S. attorneys have an informal little social club, holding reunions on a yearly basis. More on how U.S.A.s get wild, after the jump.

Continue reading "(Hoping-to-be-rehired) Lawyer of the Day: Dan Bogden"

Musical Chairs: U.S. Attorneys Head for the Exits

Christopher Christie Christopher J Christie Chris Christie US Attorney.jpgOne of the stranger events during our time in the U.S. Attorney’s Office in New Jersey was when U.S. Attorney Christopher Christie called an all-hands meeting to announce he was NOT resigning to run for governor. It was a bit odd to announce a non-event, but considering all the water-cooler gossip over the possibility, it made sense to squelch the speculation.

Today Chris Christie convened another all-hands meeting, this time with a different message. From the Newark Star-Ledger:

U.S. Attorney Christopher Christie today resigned his post effective December 1. Christie, 46, a leading contender for the GOP gubernatorial nomination, announced his resignation during a staff meeting at 11 a.m. Christie was not available for comment. His office released a copy of his resignation letter [PDF].

A tipster who attended the meeting said that Christie didn’t mention where he’ll be going. One good guess: Republican holiday parties.

Christie served as U.S. Attorney for almost seven years. In the near term, he will probably be replaced by first assistant Ralph Marra, Jr. (as Acting U.S. Attorney). In terms of who might get the nod in the Obama Administration, some mention the politically well-connected Joe Hayden (husband of Judge Katherine Hayden). Others talk about Essex County Prosecutor Paula Dow, who previously served as an AUSA in Newark, and who would bring diversity to the table (as an African-American woman).

Today seems to be resignation day for New York area U.S. attorneys. Here’s some S.D.N.Y. news, from the WSJ Law Blog:

[P]eople close to the Southern District of New York U.S. attorney’s office tell the Law Blog that USA Michael Garcia will notify prosecutors of his departure during a 5 p.m. meeting.

That’s in five minutes. If anything unexpected comes out of the meeting, we’ll let you know. Unlike Christie’s, Garcia’s next destination is known: Kirkland & Ellis.

U.S. Attorney Christopher Christie steps down [Newark Star-Ledger]
Christopher J. Christie resignation letter (PDF) [Newark Star-Ledger]
Chris Christie coverage [Politicker - NJ.com]
N.Y. federal prosecutor stepping down [AP]
NJ USA Christie Resigns, SDNY’s Garcia to Announce Resignation Today [WSJ Law Blog]

Earlier: Legal Stars of the New Administration

Morning Docket 10.17.08

1081067_dumbbell.jpg* Fired U.S. Attorney David Iglesias speaks out against the DOJ’s ACORN probe. [Talking Points Memo]

* Judges in China refuse to take lawsuits over tainted milk. [Associated Press]

* They may cause rashes. And brain cancer. But we still love them. [Reuters]

* Grand jury investigations for Lehman, in New York and New Jersey. [CNN Money]

* Pfizer settles its painkiller suits for $894 million. [Wall Street Journal (subscription)]

* 24 Hour Fitness hates poor people. [Courthouse News Service]

* David Lat was in Charlottesville this week talking to UVA law students about job hunting. He advised going off the beaten track. [Virginia Law]

Breaking: Inspector General Report Alleges Politicization of DOJ Honors Program Hiring
ACSers and Greenpeacers Need Not Apply?

Could this be a mini-U.S. Attorneys firing scandal in the making? That’s what a just-released report from the Justice Department’s inspector general seems to suggest. From the New York Times:

Department of Justice seal DOJ seal Abovethelaw Above the Law blog.jpgJustice Department officials over the last six years illegally used “political or ideological” factors to hire new lawyers into an elite recruitment program, tapping law school graduates with conservative credentials over those with liberal-sounding resumes, a new report found Tuesday.

The blistering report, prepared by the Justice Department’s inspector general, is the first in what will be a series of investigations growing out of last year’s scandal over the firings of nine United States attorneys. It appeared to confirm for the first time in an official examination many of the allegations from critics who charged that the Justice Department had become overly politicized during the Bush administration.

One reader who sent the article our way wrote: “Shocker.” A second quipped: “Quelle surprise.” To read the 115-page report, click here (PDF, via the WSJ).

Update: From a tipster comes this interesting info:

DOJ hiring practice report out. Doesn’t look good, though I would certainly say they’ve revamped the system in the last year or so. I was hired through Honors last fall to start this coming fall, and my resume is very leftist. I can say the same for two friends who were also hired through Honors last year.

Further Update: Lots of good stuff in the comments, including highlights from the report. E.g.:

2002 applicants: ACS, 0-7; FedSoc, 27-2.
2006 applicants: ACS, 5-2; FedSoc, 15-4.

Report Sees Illegal Hiring Practices at Justice Department [New York Times]
Auditors Say Justice Dept. Improperly Screened for Political Ties [Washington Post]
IG Report: Greenpeace Bad, Federalist Society Good [WSJ Law Blog]

Alberto Gonzales Continues to Wander in Unemployment Wilderness

Gonzales.jpgWe’ve said it before and we’ll say it again. The economy must be bad if a former U.S. Attorney General can’t get a job.

And your life must be pretty bad if you’re a former U.S. Attorney General who can’t find a job, and some columnist in Austin is making lots of fun of you. John Kelso of the Austin American-Statesman wrote a column yesterday titled Maybe former A.G. Gonzales could get a job being paid by the hour to keep his mouth shut. AG AG’s frequent “I don’t recall” answers during Senate testimony provide inspiration for many of Kelso’s jokes:

What holiday do you think of when you think of Alberto R. Gonzales? With me, it’s always Mother’s Day. Why? Simple. Because with Gonzales, mum’s the word.

I feel sorry for anybody out there who can’t find a job, even a guy like Gonzales who is still making a bunch of money from speaking engagements. As bad as Gonzales’ memory is, he must use notes.

Maybe the problem is that when the job interviewers ask him what his last job was, he’s telling them that he doesn’t remember. Can’t say as I blame him. If I were him, I’d tell them I used to work at Denny’s.

It’s pretty traditional for law firms to bring former partners back after they’ve served in government — e.g., Mary Jo White and Debevoise, Michael Mukasey and Patterson Belknap — but AG AG’s former firm is apparently not biting, despite his having served as America’s top lawyer. A tipster tells us:

Several months ago, I heard that even V&E [Vinson & Elkins] was not interested in having Gonzales back – looks like there are no takers. How long do you think he’ll be able to support himself on speakers’ gigs?

Locke Liddell took Harriet Miers back. Apparently, endorsing torture and getting caught in the U.S. Attorney firing scandal is worse than losing the Supreme Court popularity contest and having many bad hair days.

In Searching for New Job, Gonzales Sees No Takers [New York Times]
Maybe former A.G. Gonzales could get a job being paid by the hour to keep his mouth shut [The Austin American-Statesman]

Joe Russoniello to… $245K?

Joseph Russoniello Joe Russoniello Cooley Godward Kronish Abovethelaw Above the Law online legal tabloid.jpgVeteran litigator Joseph Russoniello, recently nominated to serve as U.S. Attorney for the Northern District of California, previously served as senior counsel in the San Francisco office of Cooley Godward Kronish. If he’s confirmed, which is looking likely, one would expect him to take a big pay cut as he moves from private practice to government service. The current Attorney General, Michael Mukasey, earned $1,993,367 over 21 months while at Patterson Belknap; now, as AG, he takes home $186,600 a year.

But Joe Russoniello won’t be taking such a huge pay cut. A reader observes:

Buried at the end of a Recorder article (subscription) about a DOJ report about Joe Russoniello’s possible conflicts or interest due to his $1.5 million stock portfolio is Joe’s last year’s compensation from Cooley Godward. This is the part that I found interesting. Why? Because it’s so low.

What do you think Cooley Godward was paying the ex-U.S. Attorney to serve as counsel to the firm? Half a million? A million? No…. $244,802!

In light of that paycheck — which, while handsome by normal standards, is a pittance by Biglaw ones — we hope that Russoniello’s Cooley gig was super-cushy, with minimal billing required. His paycheck is pretty much equal to that of a third-year associate at Cravath, all in (base of $180,000, year-end bonus of $45,000, and special bonus of $20,000). But how many Cravath third-years can claim to have served as U.S. Attorney in a major city for eight years, as Joseph Russoniello did (1982-1990)?

Fighting Crime May Not Pay [The Recorder (subscription)]
Taking Stock of The DOJ’s Next Targets [Legal Pad]

Morning Docket: 12.10.07

* Vick to be sentenced. [Atlanta Journal-Constitution]

* He Flatley denied the allegations, and apparently he was telling the truth. [AP via Reno Gazette-Journal]

* All’s well that ends well for fired U.S. Attorneys. [Los Angeles Times via How Appealing]

* And home will come lawyer, baby and all. [Atlanta Journal-Constitution]

* First thing we do, let’s detain all the lawyers. [Jurist]

* And speaking of detained lawyers… [Jurist]

Kyle Sampson Lands on His Feet

D Kyle Sampson Kyle Sampson Kyle D Sampson Kyle Samson Above the Law blog.jpgOf all the characters in the U.S. Attorney firings drama, Kyle Sampson, former chief of staff to former Attorney General Alberto Gonzales, was not our favorite. When he testified on Capitol Hill, he was earnest, sweaty, and decidedly non-fabulous — unlike Monica Goodling, who took the Senate Judiciary Committee by storm with a dazzling performance.

But even though his government service ended inauspiciously, Sampson has done just fine for himself. From the Salt Lake Tribune:

Three Washington lawyers with Utah ties - including the chief of staff to former Attorney General Alberto Gonzales - are joining the food and drug practice at the firm Hunton & Williams.

D. Kyle Sampson, a Cedar City native, was Gonzales’ chief of staff at the Justice Department until he resigned amid a controversy over the firing of eight U.S. Attorneys, a move that spawned congressional investigations. Sampson, who compiled the list of attorneys who were fired, testified for hours before House and Senate committees in public hearings and private interviews.

Before joining the Justice Department he was an Associate Counsel to the President at the White House, was director of personnel for the Bush administration, and was an aide to Sen. Orrin Hatch on the Judiciary Committee. He is a graduate of Brigham Young University and Chicago University law school.

We wonder if the Mormon Mafia had a hand in his hiring. They are to the legal world what the Gay Mafia is to fashion!

Sampson, ex-aide to Gonzales, joins law firm [Salt Lake Tribune]

Musical Chairs: What’s Up at the San Francisco U.S. Attorney’s Office?

Joseph Russoniello Joe Russoniello Cooley Godward Kronish Abovethelaw Above the Law online legal tabloid.jpgBack in June, we predicted that veteran litigator Joseph Russoniello, of Cooley Godward Kronish in San Francisco, would be nominated to serve as U.S. Attorney for the Northern District. Months later, no nominee has been named. As the folks over at Legal Pad noted last month, it’s a bit strange — especially since Ruossoniello’s background check was apparently completed some time ago.

Meanwhile, the office remains in the capable hands of the well-regarded Scott Schools, who will be officially appointed as interim United States Attorney later this week.

But don’t expect Schools to stick around forever. We hear that he’ll be heading over to take a high-level job at Main Justice (possibly in the Deputy Attorney General’s office).

It seems that Schools will be missed in the Northern District. From a source in the N.D. Cal.:

People seem to like him, and he makes an effort to get to know line AUSAs. He shows up at social events, like baby showers and happy hours, which I think is a huge change from former leadership.

If you have any info on these personnel changes, feel free to drop us a line. Thanks.

Northern District of California Announces Appointment of Scott N Schools as Interim United States Attorney [N.D. Cal.]
Say It Is (or Isn’t) So, Joe [Legal Pad]

Earlier: Musical Chairs: A New U.S. Attorney for San Francisco?
U.S. Attorney Joe Russoniello? Not So Fast

Playing ‘Peekaboo’ with Debra Wong Yang of Gibson Dunn

Gibson Dunn Crutcher LLP Above the Law blog.JPGHere are some of the comments appended to our recent post about Gibson Dunn’s snazzy new website:

“I like the pictures on the main directory. Those are the best part. Except that they don’t have too many women, and one of the women is in a very high school girl peek-a-boo around the brick wall pose. They’d never put up a picture of a man doing that.”

“I agree… Shame on you, peek-a-boo posing Asian woman!”

“Uh, that ‘peek-a-boo posing Asian woman’ is Debra Yang, the former U.S. Attorney for the Central District of California, whom GDC allegedly paid a $1 mil signing bonus. She can peek-a-boo around whatever the hell she wants to peek-a-boo around.”

“Debra Yang’s picture’s been taken down.”

“Wait, the peek-a-boo is still there. Now spotted in the mix over at Practices. Please, GDC, put up a different picture of Ms. Yang.”

Curious to see what all the fuss is about? Check out the controversial photo of Gibson Dunn partner (and former U.S. attorney) Debra Wong Yang, after the jump.

Continue reading "Playing ‘Peekaboo’ with Debra Wong Yang of Gibson Dunn"

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]

Sex, Laws, and Videotape: Is David McDade The New Michael Nifong?

videotape.jpg

Billy Merck here, once again filling in for Lat while he squeezes out some more vacation before the summer gets away from us. We’ll be here today and Laurie Lin will be here tomorrow; Lat’s back next week.

We start today with an update on a case from Georgia with which you’re all probably at least a little familiar. We reported earlier here on the case of Genarlow Wilson, the Georgia man who was sentenced to 10 years in prison for having consensual oral sex with a 15-year-old girl when he was 17 years old. The Georgia statute under which he was convicted has since been amended to make the same offense a misdemeanor, but the change was not made retroactive to Wilson’s case.

On June 11, Wilson’s habeas corpus petition was granted on the basis that the 10-year sentence constituted cruel and unusual punishment; as a result Wilson’s offense was changed to a misdemeanor, he was given credit for the more than two years already served in jail, and he would no longer have to register as a sex offender. Attorney General Thurbert Baker has appealed this decision, drawing criticism from many who question the need to keep Wilson in jail any longer than he has already been there.

Which leads us to the new part of the story. Douglas County District Attorney David McDade, who prosecuted the case against Wilson, has been there every step of the way to ensure not only that Wilson went to jail, but that he stayed there. When the state legislature considered bills last year and this year that would have amended the statute again to make it apply retroactively to Wilson’s case, McDade was there lobbying against the bills.

And evidently, as part of his efforts, McDade has made available to legislators and seemingly anyone else who wanted one copies of the videtape of the sexual encounter that got Wilson convicted. Many in Georgia have begun to question why McDade has been so free with the distribution of the tape, particularly since the distribution, receipt, and possession of it appears to violate Georgia and federal law.

More on McDade’s Nifong-like behavior after the jump.

Related:
Attorney general: Wilson ruling could free molesters [Atlanta Journal-Constitution]
Wilson’s legal tactics challenged[Atlanta Journal-Constitution]
Judge says no bond for Genarlow Wilson, cancels hearing[Fulton County Daily Report]
Sharpton embraces relatives at rally for Gernarlow Wilson[Atlanta Journal-Constitution]
State Supreme Court moves up Genarlow Wilson hearing[Atlanta Journal-Constitution]

Continue reading "Sex, Laws, and Videotape: Is David McDade The New Michael Nifong?"

Why Did the Prom Queen Leave the Party?

Rachel Brand Rachel L Brand Above the Law blog.jpgOkay, working at the U.S. Department of Justice may not be a party these days. But the recently announced, imminent departure of Assistant Attorney General Rachel L. Brand — her last day at the DOJ’s Office of Legal Policy is July 9 — had nothing to do with recent controversies (contrary to some insinuations).

As tout le monde in D.C. legal circles knows, the fabulous Brand — known to some as the Prom Queen — was planning to step down for some time. The reason? She and her husband, Deputy Assistant Attorney General Jonathan Cohn, are expecting a baby boy next month.

The lede of this Reuters report, while technically accurate, is therefore misleading. Thankfully, the Washington Post was more accurate:

[T]he Justice Department announced that Rachel Brand, assistant attorney general for legal policy, is resigning….

Justice officials said she plans to leave July 9 and stay at home with her first child, due this summer.

Brand, who worked on the renewal of the USA Patriot Act last year and the confirmation of two Supreme Court justices in 2005, is not known to have played a direct role in the U.S. attorneys’ removal.

“[N]ot known to have played a direct role” — maybe because she didn’t? If she had, rest assured that Chuck & Friends would have invited her over to Capitol Hill for a televised chat.

[D]epartment officials have said that Gonzales’s former chief of staff, D. Kyle Sampson, asked her whether she might want to replace a Michigan prosecutor who was forced out. Though interested at first, Brand did not apply for the job.

Yes, Brand shrewdly did not throw her hat into that ring. As we previously noted:

In declining to be considered, Rachel Brand showed the excellent judgment that has taken her so far, so fast. Had Rachel Brand replaced Margaret Chiara, she would have been the victim of a mainstream media pile-on. The New York Times editorial board would have derided her as a Bush Administration political hack with no prosecutorial experience (albeit a hack with impeccable academic credentials, including Harvard Law School and a Supreme Court clerkship with Justice Kennedy).

So what’s next for Rachel Brand (in addition to a bouncing baby boy)? She’s rumored to be meeting with various private law firms — and any of them would be lucky to snag this young legal superstar.

Brand has devoted the past six and a half years of her career to government service. She leaves the Bush Administration even more highly esteemed, on both sides of the aisle, than when she came in. This is no small feat, given the controversies that have shaken the DOJ, as well as the highly partisan atmosphere currently prevailing here in Washington.

We congratulate Rachel Brand on her successful leadership of the Office of Legal Policy, and we wish her the best of luck in her future endeavors — including motherhood!

(Disclosure: We’d mention that we are friendly with Rachel Brand, but we know from past experience that many of you don’t like such disclaimers, which come across as shameless name-dropping. So we won’t.)

Correction: An earlier version of this post erroneously identified Jonathan Cohn as Deputy Attorney General, rather than Deputy Assistant Attorney General (his correct title).

Assistant Attorney General Rachel Brand Announces Departure [U.S. Dept. of Justice (press release)]
Bush Is Told to Justify Executive Privilege [Washington Post]
DOJ Loses Brand [The BLT: The Blog of the Legal Times]
Seventh official quits Justice Department [Reuters]
Justice Department Official Resigns [Associated Press]

Earlier: Rachel Brand: The Prom Queen Stays Out of Trouble

U.S. Attorney Joe Russoniello? Not So Fast

Joseph Russoniello Joe Russoniello Cooley Godward Kronish Abovethelaw Above the Law online legal tabloid.jpgYesterday we passed along the rumor that Joseph Russoniello, of Cooley Godward Kronish in San Francisco, would be returning to a post he held years ago: U.S. Attorney for the Northern District of California.

We remain fairly confident in this tip. But for the record, there is nothing official to report just yet. Mr. Russoniello kindly got back to us, but only to advise that he has no comment at this time and can neither confirm nor deny that he has been offered the U.S. Attorney position.

Meanwhile, our friends over at Legal Pad picked up on our post. Check out their analysis, in which they refer to Russoniello as “the frontrunner” per “conventional wisdom,” by clicking here.

Russoniello Takes the U.S. Attorney Gig? [Legal Pad / Cal Law]

Earlier: Musical Chairs: A New U.S. Attorney for San Francisco?

Musical Chairs: A New U.S. Attorney for San Francisco?

Joseph Russoniello Joe Russoniello Cooley Godward Kronish Abovethelaw Above the Law online legal tabloid.jpgVeteran litigator Joseph Russoniello, of Cooley Godward Kronish in San Francisco, was recently rumored to be a contender for the post of U.S. Attorney for the Northern District of California.

We’re now hearing that the job — which Russoniello previously held, from 1982 to 1990 — may be his once again. From a tipster:

I have on good authority that Joe Russoniello was offered and accepted the US attorney position for the N. District of CA. I don’t think its been announced yet.

If Russoniello does get the job, it would be very “Fred Fielding”-esque: bring back an elder statesman, from the Reagan Administration, with impeccable credentials. At least the Dems won’t be able to give him a hard time over a lack of prosecutorial experience.

We’ve contacted Joseph Russoniello, but we haven’t heard back from him yet. We’ll let you know if and when he gets back to us.

P.S. We’re sad that the fabulous Eumi Choi apparently didn’t get the nod.

Who’d Want This Job, Anyway? [National Law Journal via Law.com (subscription)]
Joseph P. Russoniello bio [Cooley Godward Kronish]
U.S. Attorney Kevin V. Ryan Announced Departure [U.S. Attorney’s Office (Northern District of California)]

Musical Chairs: Michael Elston Is Out

Michael Elston DOJ Justice Department Abovethelaw Above the Law blog.jpgGuess the Durham district attorney isn’t the only prominent government lawyer named Mike (and embroiled in controversy) to announce his resignation on this Friday afternoon.

Has the U.S. Attorney firing controversy claimed another victim? Maybe (assuming he’s not leaving for other reasons). From the AP:

A senior Justice Department official who helped carry out the dismissals of federal prosecutors said Friday he is resigning.

Mike Elston, chief of staff to Deputy Attorney General Paul McNulty, is the fifth Justice official to leave after being linked to the dismissals of the prosecutors….

Elston is taking a job with a law firm in the Washington area, according to the statement.

We told you to expect some high-level departures from the DOJ. Anyone know where Elston is headed?

P.S. Oh, and here’s the latest in the U.S. Attorney affair: the news that Attorney General Alberto Gonzales will also be investigated.

(Gavel bang: commenters here and here.)

Official Close to Attorney Firings Quits [Associated Press via Washington Post]
Gonzales Meeting With Aide Scrutinized [Washington Post]

Harriet Miers: Her Date With Destiny

Harriet Miers Harriet E Miers Harriet Ellan Miers Harriet Elan Miers Above the Law.JPGWe recently got to meet former White House counsel Harriet Miers, up close and personal. And it seems we’re not the only folks who will get to spend quality time with the onetime (and ill-fated) Supreme Court nominee.

This just in, from the AP:

Two congressional committees are issuing subpoenas for testimony from former White House counsel Harriet Miers and former political director Sara Taylor on their roles in the firings of eight federal prosecutors, according to two officials familiar with the investigation….

Senate Judiciary Committee Chairman Patrick Leahy of Vermont issued Taylor’s subpoena for her testimony July 11. His counterpart in the House, Judiciary Committee Chairman John Conyers of Michigan, issued a subpoena for Miers’ testimony the next day.

A little bit more, after the jump.

Continue reading "Harriet Miers: Her Date With Destiny"