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MOUSSAOUI RULING SHUTS OUT FAMILIES OF 9/11 VICTIMS The trial of Zacarias Moussaoui was supposed to bring closure, or at least a modicum of satisfaction, to the thousands of people who lost friends and relatives in the terrorist attacks of Sept. 11, 2001. And the stories they would tell in court of their loved ones were going to be an important part of the government’s efforts to convict Moussaoui of conspiracy and secure the death penalty. But if the ruling last week by Judge Leonie Brinkema foreclosing both the death penalty and any connection between Moussaoui and Sept. 11 survives an expected appeal, there will be no victim impact statements. And there will likely be no closure. Taking the death penalty off the table and keeping out any reference to a connection between Moussaoui and Sept. 11 is the sanction Brinkema chose to impose on the government for its refusal to grant Moussaoui, who is representing himself, access to witnesses held overseas in U.S. military custody who might provide him with exculpatory testimony. The government is likely to appeal her ruling to the U.S. Court of Appeals for the 4th Circuit. For Andrew Rice, who lost his brother David in the attacks, the ruling was not entirely unwelcome. “The more I learned about the case, it became clear that it wasn’t holding up in terms of the attacks. I was concerned that [the government] was rigidly going after him as their guy, their fish to fry,” says Rice. Executing Moussaoui “isn’t going to bring my brother back,” he says. Brinkema’s ruling “makes me feel better that she’s sticking to our moral and legal principles, even in a case like this.” Not everyone feels that way. The Justice Department spent hundreds of hours interviewing family members of Sept. 11 victims. It was clear to many that the investigators were seeking the stories that would best persuade a jury to impose a death sentence. Many were eager to testify. Even more wanted to watch the trial on closed circuit television � an arrangement that is no longer expected. Brinkema’s ruling, if it stands, also means that cockpit recordings from the hijacked planes will not be played during the trial. Usually, recordings are never released to the public. The Moussaoui case was an exception. Derrill Bodley, whose daughter was on the United Airlines flight that went down in Pennsylvania, says he is disappointed about the exclusion of the recordings. The government played the tape for him and other family members of Flight 93 victims last year. “That tape holds the evidence that our loved ones were heroes,” he says. Because of the trial, the tape was going to become public evidence. Now, he says, “that won’t happen.” � Siobhan Roth NEW DIGS FOR DAVIS High-profile Democratic lawyer Lanny Davis is leaving Patton Boggs for the 40-lawyer D.C. office of Orrick, Herrington & Sutcliffe. Davis started at Patton Boggs as an associate in 1975, departing for two years to work in the White House as special counsel to President Bill Clinton. At Patton Boggs, Davis was head of the firm’s legal crisis management team, which specializes in assisting litigation clients with public relations strategies. At San Francisco-based Orrick, Davis’ practice will be similar, says firm chairman Ralph Baxter Jr. “We are very excited to have Lanny join us,” he says.” We think he has a unique set of skills to bring to the support of clients who face litigation or other kinds of disputes that are of public interest.” Patton Boggs managing partner Stuart Pape says, “I wish Lanny all the best.” � Marie Beaudette RECOVERING NICELY Morgan, Lewis & Bockius expanded its insurance recovery practice with the acquisition of 27-lawyer insurance boutique Zevnik Horton. Based in the District, Zevnik also has offices in Chicago, Boston, and Los Angeles. In recent years, Morgan, Lewis has been expanding its insurance recovery group, notably taking on 15 refugees from the insurance practice of Brobeck, Phleger & Harrison when the firm dissolved. “That made a significant enhancement to the Morgan, Lewis insurance recovery practice,” says Zevnik Horton managing partner Paul Zevnik, who approached Morgan, Lewis about joining the firm. “It became what I would consider to be an opportunity for us.” Morgan, Lewis chairman Francis Milone says of the acquisition, “It was really a very easy decision for us. It was an area where we felt that we were generating substantial success.” With the new Chicago office, Morgan, Lewis gains a long-sought presence in the Midwest, says Milone, who adds that the firm is considering expanding there further. � Marie Beaudette INDEPENDENT EXPENDITURE The independent counsel statute may have lapsed, but it rose up to bite Vernon Jordan Jr. nonetheless. On Sept. 30, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit rejected all but $1,215 of Jordan’s reimbursement claims under the law to cover his attorney fees from the impeachment of President Bill Clinton. Independent Counsel Kenneth Starr investigated whether Jordan had helped Monica Lewinsky get a job in exchange for agreeing not to disclose her affair with Clinton. Jordan had sought almost $303,000, but the court said the expenses would have been incurred even had there been no IC statute, and that lets the taxpayers off the hook. Jordan, senior counsel at Akin Gump Strauss Hauer & Feld, was unavailable for comment. His lawyer, Akin Gump partner William Hundley, declines comment. In May, the panel similarly rejected $3.5 million of Bill and Hillary Clinton’s Whitewater expenses. “This is sadly typical,” says E. Lawrence Barcella Jr. of Paul, Hastings, Janofsky & Walker. “The court is blinking at the reality that independent counsel inquiries were way more obtrusive and harder to respond to than ordinary [Department of Justice] inquiries.” � Jonathan Groner TRIPPED UP Another Clinton impeachment figure, Linda Tripp, was dealt a setback in her privacy suit against the Pentagon last week. Judge Emmet Sullivan of U.S. District Court for the District of Columbia ruled that a Stars & Stripes reporter who wrote that Tripp was under consideration for a Pentagon job doesn’t have to reveal her sources. In 2001, Tripp sued the Department of Defense for violation of privacy. She alleges that a DOD employee leaked confidential information that she was being considered for a job at a German military studies center to the Stars & Stripes newspaper, which is owned by the Pentagon. Although the reporter, Sandra Jontz, is a Pentagon employee, Sullivan ruled that she is entitled to reporter’s privilege, which protects her from having to reveal her sources. “The DOD and Congress intend for Stripes to operate like other commercial newspapers, and enjoy First Amendment protections and prohibitions,” Sullivan wrote. Tripp’s lawyer, David Colapinto of Kohn, Kohn & Colapinto, says the Pentagon has “stonewalled all efforts” to find the leak. If Tripp’s lawyers can’t independently uncover the source of the leak, Jontz’s privilege may be reconsidered. Tripp has two other lawsuits against the department still in discovery. � Marie Beaudette LAWYER LOTTERY For at least 20 years, the method for appointing lawyers to criminal defendants had remained the same at the U.S. District Court for the Eastern District of Virginia. That is, until Chief Judge Claude Hilton decided it was time for a change. On Oct. 1, a new system went into effect. The panel of eligible attorneys has been trimmed from 300 to 100 � an easy task, since only 108 lawyers reapplied to serve. Attorneys must now meet certain base requirements, including at least two years’ active practice, six felony and 12 misdemeanor cases, and attendance at an annual training seminar. Lawyers for death penalty cases will be chosen from a separate panel of 21 attorneys, all of whom must be on the general panel, too. The new regime divides the panel and the year into quarters, with 25 attorneys assigned to each quarter. As the need for appointments arises, the clerk’s office will use new case-assignment computer software to cycle randomly through the list of lawyers until that three-month period is over and the next group of 25 becomes eligible for cases. Court appointments are made only if the eight-lawyer Office of the Federal Public Defender in Alexandria has a conflict or an overwhelming caseload. Says Clerk of the Court Elizabeth Paret of the new system: “It’s a good thing.” � Siobhan Roth TOUCHDOWN The Washington Redskins’ winning record is extending to the courtroom. With the help of White & Case, the football franchise triumphed last week when a federal judge ruled the Redskins’ trademarked name did not “disparage” Native Americans, as suggested in a claim that began more than 10 years ago. “We feel very vindicated by this decision, and we’re glad that a trial judge got this case and was able to assess it for what it was,” says Robert Raskopf, a White & Case partner in New York. Raskopf teamed up with D.C. partners Carolyn Lamm and Francis Vasquez Jr. to argue the case. Minneapolis-based Dorsey & Whitney represented the seven Native Americans who objected to the use of the name. “After a decade-long struggle we are disappointed by the result,” says partner Michael Lindsay. Lindsay won an initial victory in 1999 when the U.S. Trademark Trial and Appeal Board elected to cancel six Redskins trademarks. U.S. District Court Judge Colleen Kollar-Kotelly reversed that decision. � Christine Hines CHANGING OF THE GUARD Miller & Chevalier has a new firm leader. The 110 lawyer, D.C.-based firm’s managing partner since 1998, Phillip Mann, stepped down Oct. 1, and vice chair, Samuel Maruca, took the job. He calls Mann a “tough act to follow.” Maruca says he hopes to expand the firm’s work for its existing clients by marketing Miller & Chevalier, known for its tax and government contracts practices, as more full-service. “We have only begun to tap the potential of our existing business base,” he says. Mann, who will remain at the firm as a partner in its tax practice, calls Maruca a “respected and very capable leader who will do well.” � Marie Beaudette GIBSON’S ROYALL-TY M. Sean Royall is leaving his post as deputy director of the Bureau of Competition at the Federal Trade Commission on Oct. 9. Lead counsel in the FTC’s antitrust case against memory chip designer Rambus Inc., Royall returns as partner to the Dallas office of Gibson, Dunn & Crutcher. Royall’s last day at the agency coincides with closing arguments in the massive Rambus trial. “I was just waiting to complete that,” says Royall. “My time at the agency has been wonderful. I’ve gotten to work on issues that I feel are very important and worthwhile.” Replacing Royall is D. Bruce Hoffman, a former Hunton & Williams partner now serving as the associate director for regional litigation at the FTC. � Lily Henning

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