Merrick Garland asked to stop the Biglaw revolving door… he won’t.


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(Photo by Brendan Smialowski/AFP/Getty Images)

Regrettably, when John Cornyn asked about the almost unremembered Trump urinary tape archive and Mike Lee tried to study anti-Semitism from a Jewish federal judge, Merrick The confirmation hearing of Merrick Garland will be remembered Really This means that because the Ministry of Justice is facing some important issues, performing political sideshows will cover everything. Maybe all of this is Biden’s trick. Any serious criticism of Neera Tanden’s OMB nomination has been thrown aside, because people who had voted to acquit Donald Trump a few weeks ago were suddenly tweeted vile. Irritated. This problem may not be resolved in the end, but if the government’s overall goal is to eliminate substantive objections by allowing hearings to be replaced by boring nonsense, it seems to be effective.

Unfortunately, when the door is constantly rotating between Bigelow and the senior leadership, the Justice Department should face a challenge. Biden’s original leadership candidates-Judge Garland, Judge Christine Clark and Vanita Gupta-all assumed new positions from outside the company’s legal superstructure. But they seem to be the exception, not the rule.

An alliance of 37 ethnic, worker, environmental and social justice organizations Wrote a letter to Garland He called on him to refuse to “fill the department’s affairs with corporate lawyers who profited from defending a strong industry, so that the fox takes charge of the hen house, or at least the lawyer who won the fox business outperforms dozens of other lawyers.”

Jeff Hauser, executive director of the Revolving Door Project, said: “If you are a millionaire because you help companies and corporate executives avoid or violate the law, then you should not be responsible for enforcing the law.” “BigLaw Corporate lawyers, especially those with “government affairs” practices, are working all day to weaken and restrict the enforcement of white-collar criminal laws, environmental laws, antitrust laws, and other laws that hinder the operation of the largest companies.” The bottom line. These lawyers conduct tour visits through the Department of Justice to refresh their insider knowledge and then bring these insights back to corporate clients who want to evade basic democratic accountability. When conducted under Trump, this is an unacceptable practice and should not have any place in the Biden administration. “

According to reports, Garland plans to hand over the leadership of antitrust efforts to Susan Davies, who has already defended Facebook’s antitrust allegations. Garland said that was not the case, but pointed out that “fortunately or unfortunately, the country’s best antitrust lawyers are involved.” Tech giants are most worthy of antitrust investigation.

On the one hand, I am Ancient Vulcan proverb “Only Nixon can go to China”, and the legal inference of the United States “Only Joe Kennedy can form the US Securities and Exchange Commission.” Notorious stock market speculators are responsible for writing and enforcing the rules that Wall Street stopped after the crash. At some point, expertise can only be gained by sitting on the other side of the table.

Conversely, lawyers who withdraw from government services can and do use their experience to help clients circumvent the system, but this is not universal. I used to serve as the former general counsel of the SEC, which can prove that his proposition is always based on advising clients to do things in accordance with the SEC rules, rather than seeking some advantage. Do it right the first time so that they don’t have to find themselves at the wrong end of the law enforcement action. This is the whole reason for hiring him.

On the other hand, especially in performing duties, the temptation of various measures to maintain the employability of the back-end is too great. This is a sign of impropriety. In addition, the enthusiasm for recruiting talent from people who have asked them to establish relationships for decades has made people more enthusiastic, and there are enough reasons to forcibly suspend Biglaw’s recruitment for senior positions. As stated in the letter:

We urge you not to authorize a conflicting BigLaw lawyer, but to appoint an attorney for a long time and be consistently committed to the tasks of the department they will operate. Public defense lawyers in charge of criminal departments, environmental lawyers in charge of environment and natural resources departments, and plaintiff lawyers in charge of antitrust departments will produce more fair results. Bringing lawyers to other career development paths beyond the weird halls of corporate law firms can better prepare for the actual work of representing the federal government and, statistically speaking, are more likely to lead the halls of the US Department of Justice The much-needed diversity comes. A department that looks like the United States, including life experiences similar to most Americans, is more likely to win the trust of the United States.

The ethical code of preventing people from disgusting their government positions for a period of time is good, but it is easily circumvented and not long enough. Frankly speaking, if we can establish a shadow government agency, it is an ideal agency, that is, Biglaw lawyers who are interested in serving in the government sector in the future must leave their private sector for a period of time to obtain government positions. Not every lawyer in the private sector is corrupt, but when it comes to important things like the Ministry of Justice, all of us can do better.

But instead, we will deal with Tucker Carlson’s yelling at Merrick Garland and Russiagate and keep the revolving door spinning.

(Full letters on the next page…)

37 groups stated that Garland must exclude BigLaw from the DOJ leadership to set the Biden agenda [Revolving Door Project]


head shotJoe Patrice Is the senior editor of “Above the Law” and is Think like a lawyer.At will e-mail Any tips, questions or comments.Follow him Twitter If you are interested in college sports news on law, politics and health.Joe also served as Managing Director of RPN Executive Search.


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