White House Counsel

Musical Chairs: Fred Fielding Beefs Up the White House Counsel’s Office

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Kathryn Comerford Todd Kate Comerford Todd Above the Law.jpgFred Fielding, the former name partner of Wiley Rein & Fielding who is now settling in as White House counsel (for the second time), has brought in some reinforcements. They come from his former shop, Wiley Rein & Fielding (now known simply as Wiley Rein).
Three former Wiley Rein-sters, a partner and two associates, are joining Fielding over at the White House. They are:
1. Kate Comerford Todd (top right). This brilliant and beautiful member of the Elect (OT 2000/Thomas), whose husband is a current Supreme Court clerk (OT 2006/Alito), was a highly regarded young litigation partner at Wiley Rein.
Now Kate Todd is moving over to the White House. We’re uncertain of her seniority level over there (deputy level?). If you know, please enlighten us.
Amy Dunathan Amy F Dunathan Above the Law.jpg2. Amy Dunathan. Comerford will be joined by the similarly delicious Amy Dunathan (at right). Dunathan worked on the Hill before going to law school, so she’s a smart pick, given that the White House will be tangling quite a bit with the ascendant Democrats. She worked directly with Fielding on several projects during her time as a Wiley Rein associate.
3. Al Lambert. Lambert, also a former associate at Wiley Rein, brings a significant amount of experience in white-collar investigatory work — which will come in handy at the White House nowadays. Lambert worked extensively on the David Safavian case, as well as other white-collar matters.
Congratulations and good luck to Comerford, Dunathan, and Lambert!
P.S. We can’t find a photo of Al Lambert, which is why we don’t engage in any lip-smacking over him.
Kathryn Comerford Todd bio [Wiley Rein via Google Cache]
Amy F. Dunathan bio [Wiley Rein via Google Cache]
Judge Throws Out Jury Verdict in Iraq Fraud Case [Wiley Rein]

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ATL Week in Review: January 8 – 12

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Donald Stout house Blackbery RIM NTP NPT.JPG* Over at the Justice Department, the bad-ass Shanetta Cutlar, Chief of the Special Litigation Section of the Civil Rights Division, takes no prisoners.
* Not even summer interns can escape her wrath.
* But hey, at least they get to go back to school. Full-time attorneys can escape only by leaving the Section — provided that Shanetta doesn’t get to them first.
* Speaking of job changes, meet your new White House counsel: Fred Fielding, of Wiley Rein & Fielding (who served as White House counsel under President Reagan).
* Next time you go out for pizza, leave the corporate lawyers at home.
* Pentagon official Charles Stimson doesn’t like how Guantanamo Bay detainees are getting pro bono representation from some of the country’s top law firms. Don’t they have better things to be doing with their pro bono time?
* Michael Nifong manages a Houdini-like escape from the debacle known as the Duke lacrosse team rape case.
* Celebrity law professors Noah Feldman and Jeannie Suk, whom you have just dubbed Feldsuk, have a really nice house.
* But not as nice as the $7 million mansion of patent lawyer Donald Stout (aerial view at right).
* Federal judicial nominees: Out with the old, in with the new.
* Chief Judge Michael Boudin (1st Cir.): You like him, you really like him.
* Maybe it’s because he’s such a big feeder judge. Interestingly enough, though, he has only placed one clerk so far at the Supreme Court for October Term 2007.*
(But Chief Judge Boudin feeds mostly to Justice Breyer and Justice Souter. The former isn’t finished hiring yet, and the latter hasn’t even started.)

‘Tis Official: Fred Fielding Is In the House

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Fred Fielding Fred F Fielding White House Counsel Wiley Rein & Fielding Above the Law.jpgWe previously wrote about President Bush’s selection of Fred Fielding as his new White House counsel. Our coverage was based on a pre-announcement scoop by Time, not an actual announcement from the White House.
Just to close the loop on this, the rumor was correct: Fielding’s selection is now official. Here’s the (predictably bland) White House press release.
From the New York Times:

Mr. Fielding’s agreement to take the job surprised some of his closest friends. The friends said last week, when his name surfaced as a contender for the position, that they would be surprised if he would give up a successful corporate practice for another stint of what promises to be heavy partisan battle at age 67.

Mr. Fielding was deputy counsel to President Richard M. Nixon under John W. Dean III and was White House counsel for the first five years of Ronald Reagan’s presidency.

Further discussion, plus speculation about the next Deputy White House Counsel, after the jump.

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And They Will Back Down

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Tom Petty Won't Back Down.jpg“You can stand them up at the gates of hell,
And they will back down.”
A new Senate. A new White House counsel. And new hope for judicial nominees who might actually get confirmed. In our lifetimes.
The Bush Administration’s four most controversial judicial nominees, referred to in some Senate Judiciary Committee circles as “the Radioactive Ones,” are withdrawing (or have already pulled out, in the case of Michael Wallace). White House lawyers breathe sighs of relief, delighted by the prospect of saving some face.
From the AP:

In a concession to the Senate’s new Democratic majority, four of President Bush’s appeals court appointees have asked to have their nominations withdrawn, Republican officials said Tuesday.

These officials said that William Haynes, William Myers and Terrence Boyle had all decided to abandon their quest for confirmation. Another nominee, Michael Wallace, let it be known last month that he, too, had asked Bush to withdraw his nomination.

One has to wonder: Did all four willingly withdraw their names from consideration, or did they do so under some combination of pressure or pleading from the White House?
(Also, what will the ConfirmThem crew have to say about this?)
Bush Judicial Nominees Ask to Withdraw [Associated Press via How Appealing]
Breaking Judge News [NRO / The Corner]

Non-Sequiturs: 01.08.07

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All About Eve 2 Linda Greenhouse Jan Crawford Greenburg Jan Greenburg Jan Greenberg Jan Crawford Greenberg Above the Law.JPG* We took Eve Harrington’s Jan Crawford Greenburg’s quip that Justice Stevens told her when he was planning to retire as a joke. But not everyone did. [Volokh Conspiracy; Althouse]
* A juicy rumor. But who on earth could it be? [Concurring Opinions]
(Btw, congrats to Concurring Opinions on its one millionth visitor.)
* Former fashion designer Ilene Moses is on trial for allegedly defrauding banks of $26 million. But her design of fur-trimmed capes may be the more serious offense. [Associated Press]
* Fred Fielding will be taking a pay cut as White House counsel. But that’s okay, ’cause he can afford it. [WSJ Law Blog]
* Drape an invisibility cloak over the Federal Register, and call it a day. [Wonkette]
* We recommend to you any blog post that contains the words “palpably fresh.” [Crescat Sententia]
* Here’s Blawg Review #90. [Minor Wisdom]
* We weren’t the only ones who had a blast at last week’s crazy law-blogger party! So did Miriam Cherry, whom we had the pleasure of meeting at the festivities. [PrawfsBlawg]

Breaking: Bush Picks Fred Fielding as New White House Counsel

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Fred Fielding Fred F Fielding White House Counsel Wiley Rein & Fielding Above the Law.jpgThis just in, from Time:

In a signal that he could be open to working more closely with congressional Democrats rather than stonewalling, President Bush plans to name the widely respected Republican lawyer Fred F. Fielding as White House counsel this week, party sources tell TIME.

Fielding, who held the same position under President Ronald Reagan, will succeed the President’s friend Harriet Miers, who last week announced her resignation, effective Jan. 31. An official who has been briefed on the impending announcement, which could come as soon as Tuesday, called Fielding “the ultimate Washington lawyer-insider — he’s the man to see.”

Some interesting comments from some of you in support of Fred Fielding:

“Fred Fielding. Bush needs an adult to deal with the children who are now running the Hill.”

“[P]lenty of SCOTUS clerks are far too academic-minded to be successful litigators. What the President needs right now is a litigator, and I can’t think of anyone better than Tim Flanigan, Fred Fielding, or Dick Wiley. One of those three would be my choice…”

Fielding is not among the Elect; in fact, it appears from his Wiley Rein & Fielding bio that he never clerked. But he’s obviously a great pick for the job of White House counsel. He has a wealth of experience, both in litigation and in government, and he’s one of the most well-connected lawyers in town. He previously served as White House counsel, from 1981 to 1986, under President Ronald Reagan.
Congratulations to Mr. Fielding on his new post — and to President Bush for making such an excellent selection.
Exclusive: Bush Picks a Replacement for Harriet Miers [Time via Drudge Report]
Fred F. Fielding bio [Wiley Rein & Fielding]
Fred F. Fielding [Wikipedia]
Earlier: Harriet Miers: Farewell My Concubine Counsel
Breaking: Harriet Miers Has Resigned As White House Counsel!

ATL Week in Review: January 1-5

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2007.jpgLast week was short, thanks to the New Year’s holiday; but it sure was busy. Here are some highlights from a very momentous week:
* No more jokes about Harriet Miers: the ill-fated ex-SCOTUS nominee has resigned as White House counsel. Speculation about her successor abounds.
* No more jokes about the Dewy Orifice: the ill-fated merger between Dewey Ballantine and Orrick, Herrington & Sutcliffe has been called off.
* Turns out that Chief Justice Rehnquist was a painkiller junkie. Once, while suffering withdrawal symptoms, he tried to bust out of a hospital in his PJs.
* Chief Judge David Levi, of the Eastern District of California, will be the new Dean of Duke Law School.
* All About Jan? Just as the aging Margo Channing’s reign over Broadway was threatened by the comely Eve Harrington, the aging Linda Greenhouse’s reign over One First Street is being threatened by the comely Jan Crawford Greenburg.
* Who knew? Law professors and legal bloggers sure know how to party! Photos of drunken legal academics available here and here.
* Cravath partner John Beerbower has enjoyed some amazing apartments over the years. Cravath partnership + Wealthy wife = $20 million, Park Avenue pad.
* Who’s your favorite First Circuit judge? Cast your vote here.
* If you’re a right-winger hoping that Justice Stevens will step down soon, don’t hold your breath.
* Today’s D.C. Circuit: Despite the occasional catfight, it’s not as bitchy as it used to be. Sigh.
* Oppressed law clerks, your Devil Wears Prada is on its way. Coming soon to a bookstore near you: Chambermaid, by former Third Circuit clerk Saira Rao.

Who Will Fill Harriet Miers’s Size Six Shoes?

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Harriet Miers Harriet E Miers Harriet Ellan Miers Harriet Elan Miers Above the Law.JPGPresident Bush famously described Harriet E. Miers, the outgoing White House counsel, as “a pit bull in size six shoes.” Woof woof!
But some White House insiders viewed Harriet Miers as insufficiently canine. Per the Washington Post:

Miers, a longtime Bush loyalist whose nomination to the Supreme Court was withdrawn in 2005 as a result of conservative opposition, led an office that will oversee legal clashes that could erupt if Democrats aggressively use their new subpoena power. Bush advisers inside and outside the White House concluded that she is not equipped for such a battle….

The White House did not announce a replacement but has settled on someone to take on the assignment, according to several advisers who did not disclose the name.

If you have thoughts about who this person might be, we’d love to hear from you.
Further discussion and speculation, after the jump.

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Non-Sequiturs: 01.04.07

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Rachel Brand Rachel Brand Rachel Brand Above the Law.jpg* Some interesting comments about Harriet Miers getting a Fifth Circuit nomination, as well as speculation about who might replace her as White House counsel. [ConfirmThem]
(We second the suggestion of Rachel Brand (at right). Brand previously worked in the White House counsel’s office, before her appointment to head the Office of Legal Policy at the Justice Department.)
* From an Instpaundit correspondent: “I’m no law prof, but isn’t the presumption of innocence most useful before a pile of facts come out indicating that the accused are, in fact, innocent?” [Instapundit]
* Speaking of which, check out Best Defense, which “seeks to place the presumption of innocence front and center.” [Bag and Baggage]
* Jeez, he’s even more of a tool than we thought. Can someone please talk some sense into him about 2008? [Althouse]
* Backlash to the backlash against (allegedly) excessive executive pay. [Point of Law via Dealbreaker]
* Amen. With the exception of news aggregators, blogs are by their nature idiosyncratic, rather than comprehensive. So don’t get your briefs in a wad when we fail to write about your pet topic. [Volokh Conspiracy; Althouse]

Harriet Miers: Farewell My Concubine Counsel

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Harriet Miers Harriet E Miers Harriet Ellan Miers Harriet Elan Miers Above the Law.JPGAs previously reported, Harriet Miers — she of the ill-fated Supreme Court nomination* — has submitted her resignation as White House Counsel. It will take effect at the end of this month, on January 31. The search for her replacement has begun.
From White House spokesman Tony Snow:

“Basically, she has been here six years. As somebody said earlier today, ‘She put 12 years of service into six years.’ Harriet is one of the most beloved people here at the White House.”

Indeed, the work ethic of the 61-year-old Miers lies beyond question. At night, her car is typically the last one left in the senior staff parking lot, between the Old Executive Office Building and the West Wing. Her dedication to President Bush is also unimpeachable.
(The New York Times, referring to Miers’s withdrawn SCOTUS nomination, states that “no one doubted her intellect, [but] some doubted her credentials to be a justice.” We disagree with the first proposition. In certain super-snobby quarters of the legal elite, her intellect was definitely questioned — even if few would do so publicly.)
We hear that Miers’s resignation, which she announced at this morning’s White House counsel staff meeting, came as a surprise to much of her staff. There’s also precious little information about her replacement.
* A well-established rule of English usage: With respect to Harriet Miers, the words “Supreme Court nomination” must always be preceded by “ill-fated.”
Additional commentary appears after the jump.

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Breaking: Harriet Miers Has Resigned As White House Counsel!

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drudge siren.gifFor those of you who enjoyed poking fun at Harriet Miers during her ill-fated Supreme Court nomination, you won’t have her to kick around anymore.
(Yes, we know. When it comes to mockery of Harriet Miers, we have somewhat unclean hands.)
We must step away from our computer now. As Howard Bashman might say, we are meeting a very cool and important law professor for lunch (but won’t name him or her). Hahaha.
We’ll resume our coverage of the Miers demise after we return.
Miers Resigns As White House Counsel [Associated Press]

Musical Chairs: 12.13.06

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musical chairs 2 Above the Law legal blog above the law legal tabloid above the law legal gossip site.GIFIt has been a while since our last round-up of notable moves within the legal profession. So there’s a lot to report today:
Law Firm to… Prison?
* Former Milberg Weiss name partner Steven Schulman resigned from the firm to pursue “new ventures.” The most important of these “ventures” will surely be fighting federal charges of making illegal payments to plaintiffs in past cases.
Law Firms to In-House:
* Securities lawyer Stephen Cutler is leaving his partnership at WilmerHale to become general counsel of J.P. Morgan Chase & Co., the banking giant. From a tipster who works in securities law: “This is a big deal.”
Colleagues of Cutler described the JP Morgan gig to the WSJ Law Blog as a “once-in-a-lifetime” opportunity. Translation: Who wouldn’t want to make mid- instead of low-seven-figures?
* Another WilmerHale departure: J. Kevin McCarthy is taking over as top lawyer of the Cowen Group, an investment bank.
Government to Private Sector:
* Former New Jersey Chief Justice Deborah Poritz joins the Princeton office of Drinker Biddle & Reath, as of counsel. She stepped down from the New Jersey Supreme Court in October, after reaching the mandatory retirement age.
Government Promotion:
* David Nocenti, current counsel to New York Attorney General Eliot Spitzer, will become counsel to the governor effective January 1.
Academia-Biglaw Alliance:
* Harvard Law School Professor Laurence Tribe, the renowned constitutional scholar and SCOTUS litigator, is entering into a consulting arrangement with Akin Gump.
Akin Gump is developing a Supreme Court practice. Earlier this year, they added young SCOTUS superstar Tom Goldstein to their line-up.
Lateral Moves:
* Securities-enforcement lawyer Chuck Davidow, to Paul Weiss (DC), from WilmerHale.
Another loss for WilmerHale — on top of the previously reported departure of Paul Eckert for the White House Counsel’s Office.
Why are so many partners leaving WilmerHale? A Hillary Clinton administration is still two years away.
* IP lawyer Joseph Gioconda, to DLA Piper (New York), from Kirkland & Ellis.
* Corporate lawyer Eric Lerner, to Kramer Levin, from Katten Muchin Rosenman.
* Tax lawyer Thomas Giegerich, to McDermott Will & Emery (NY), from Dewey Ballantine (about to merge with Orrick to form Dewy Orifice).
New Partners:
* Bryan Cave: Eleven new partners. Names here.
Due to the sheer number of links today, we’ve placed them after the jump.

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