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CASUALTIES OF WAR: JAG DEALS WITH LOSS OF TWO LEADERS The recent crescendo of violence in Iraq hit the Army’s legal community last week as news spread that two leaders of the Army Judge Advocate General’s Corps had been killed in a helicopter crash. Sgt. Maj. Cornell Gilmore, 45, and Chief Warrant Officer Sharon Swartworth, 43, died Nov. 7 when their Black Hawk helicopter crashed near Tikrit after being hit by enemy fire. Judge Advocate General Thomas Romig and two senior Army lawyers witnessed the crash from a second helicopter. The group was in Iraq visiting the more than 300 judge advocates and legal specialists stationed there. Gilmore, a Baltimore native, served as the Army JAG Corps’ top enlisted officer, supervising the work of Army paralegals and legal assistants. Swartworth oversaw administrative and information technology functions for the Army JAG Corps. Both nonlawyers were lifelong soldiers and highly respected by their colleagues. Four members of the Black Hawk flight crew were also killed. “The loss of our two top soldiers has torn a hole in all our hearts,” Romig wrote in a statement to Legal Times. “Our thoughts, prayers, and support go out to their families, friends, and fellow soldiers during this time of grief and pain.” Under the Uniform Code of Military Justice, the judge advocate general or senior staff members are required to “make frequent inspection in the field in supervision of the administration of military justice.” In addition to handling disciplinary issues, military lawyers in Iraq are advising commanders on targeting and rules of engagement; overseeing investigations into noncombat deaths; working with lraqi officials to create a new judicial system; and handling fiscal law and contracting questions, according to military law experts. “Army lawyers are dealing with sophisticated issues related to the law of war and critical disciplinary issues,” says retired Judge Advocate General Michael Nardotti. “The presence of the judge advocate general himself out there is critically important to emphasize the need for strict adherence to the rule of law.” Nardotti notes that he made similar trips to Bosnia and North Korea while serving as the Army’s top uniformed lawyer from 1993 to 1997, adding, “It’s important for troops in the field to know their leadership believes what they’re doing is important enough to go out there.” � Vanessa Blum DEFENSIVE LINE Concluding that there’s no public interest group that argues in court for a strong government role against terrorism, two well-connected D.C. lawyers recently launched Citizens for the Common Defence. The spelling of the last word is intentional and echoes the preamble to the Constitution, says Bradford Berenson, a partner at Sidley Austin Brown & Wood and former White House associate counsel who co-founded the group with Sidley partner Richard Klingler. “There has been an incredible imbalance in the interest-group community on these issues,” says Berenson. “We want to advance the best legal arguments for a muscular response to terrorism.” The organization will coordinate law firms’ pro bono filing of amicus briefs in cases relating to detention of enemy aliens, the Patriot Act, and similar issues. The group’s debut, Berenson says, will be in the upcoming Supreme Court cases on the rights of Guantanamo detainees. � Jonathan Groner TAKING SIDES Amicus briefs have been coming thick and fast in the Guantanamo detainees’ cases. Shortly after the Supreme Court granted cert on Nov. 10, the American Center for Law and Justice announced it would write a brief siding with the government, as did the Washington Legal Foundation. On the detainees’ side, Northwestern University School of Law’s Douglass Cassel helped coordinate seven briefs. Among them, Jones Day D.C. partner Thomas Cullen Jr. on behalf of former prisoners of war; Jenner & Block Chicago partner David Bradford for former federal judges; University of Chicago law professor David Strauss for Fred Korematsu, a plaintiff in the 1944 Supreme Court case that permitted Japanese-American internment; Mayer, Brown, Rowe & Maw Chicago partner James Schroeder for retired military officers; and Chicago-based Schiff Hardin & Waite partner William Hannay for former American diplomats. � Alicia Upano NEWTON NEWS A federal judge ruled last week that all post-trial documents filed with the court in the Newton Street drug crew case must be unsealed by Dec. 1. Barring appeal, the Nov. 12 ruling by U.S. District Judge Colleen Kollar-Kotelly means that many documents related to claims of prosecutorial misconduct by former Assistant U.S. Attorney G. Paul Howes will be made public. In March 2002, the four alleged leaders of the notorious Mount Pleasant neighborhood street gang had their multiple life sentences trimmed to 18 to 23 years in a deal with the government after Howes’ alleged misconduct was discovered. Since then, at least two other Newton Street defendants have filed motions asking for new trials. The judge’s ruling came in response to a motion filed two years ago by D.C. Public Defender Service lawyer Sandra Levick, who represents Antoine Rice. Prosecuted by Howes, Rice is serving a 25-years-to-life sentence after being convicted in D.C. Superior Court for his role in a drug-related killing. Levick wants Rice’s conviction thrown out and has filed a motion in Superior Court alleging numerous instances in which Howes allegedly improperly paid witnesses in the Rice case with federal witness voucher money intended for the Newton Street case. The PDS declines comment. Channing Phillips, chief of staff to U.S. Attorney Roscoe Howard Jr., says his office is still reviewing the decision and has not decided whether to appeal. � Tom Schoenberg INTO THE FRAY The Office of Federal Housing Enterprise Oversight, the government agency that regulates Freddie Mac, has turned to a litigation team from Crowell & Moring to help in its ongoing probe of accounting irregularities at the mortgage corporation. Under a contract awarded to the firm in the summer, litigator Stuart Newberger is leading the group. Two of Newberger’s partners � former U.S. Attorney Wilma Lewis and white-collar crime specialist Richard Beizer � are also working on the matter, as is of counsel Andy Liu. Newberger declines comment. Corinne Russell, a spokeswoman for OFHEO, declines comment, noting that the investigation is ongoing. � Jonathan Groner MINORITY REPORT Minorities hold 41 of the top in-house legal jobs at Fortune 1,000 companies, according to a survey released last week by the Minority Corporate Counsel Association. Of the group, 28 are African-Americans, eight are Hispanics, three are Asian, and two are Indian. Ten are also women. “We are encouraged by the steady increase in the number of minorities and women who serve as general counsel and top legal officers in corporate America,” says MCCA Executive Director Veta Richardson. Last week, MCCA held a forum for students from Howard University’s School of Law featuring six African-American general counsel: Paula Boggs of the Starbucks Corp., Michele Coleman Mayes of Pitney Bowes Inc., Stacey Mobley of the DuPont Co., Roderick Palmore of the Sara Lee Corp., James Potter of Del Monte Foods, and Solomon Watson IV of the New York Times Co. The 100 or so students asked questions ranging from the perks of being an in-house lawyer to whether top legal officers still face discrimination. “It’s impossible for a person of color to exist in this society and not experience discrimination,” Palmore replied. But as a chief legal officer, “there’s a certain level of noise you don’t hear.” � Marie Beaudette BOWING OUT McDermott, Will & Emery D.C. partner and former Democratic National Committee Chairman Joseph Andrew dropped his Indiana gubernatorial bid last week after acting Gov. Joseph Kernan announced his candidacy. Andrew, an M&A lawyer and Indiana native, had said he would drop out of the race if Kernan decided to run. Before Kernan’s announcement, the race was shaping up as a battle between Andrew and Republican candidate Mitch Daniels, the former director of the Office of Management and Budget. “For me, this is a dream delayed and deferred, but hopefully not denied,” Andrew says. “I look forward to doing it again.” Andrew, who is endorsing Kernan, will return to full-time legal practice at McDermott, Will. � Marie Beaudette BLUE-LIGHT SPECIAL When federal prosecutors dropped charges last week against two top Kmart executives accused of conspiring to inflate the retailer’s earnings, two D.C. firms had reason to celebrate. Jonathan Graham and Marcie Ziegler of Williams & Connolly represented former Senior Vice President Enio Montini. A Morgan, Lewis & Bockius team, led by partner Mark Srere, defended former Kmart divisional Vice President Joseph Hofmeister. Judge Paul Borman of the U.S. District Court for the Eastern District of Michigan agreed to dismiss the charges after the government said it couldn’t sustain its burden of proof against Hofmeister and Montini. Both were charged with securities fraud, conspiracy, and making false statements to the Securities and Exchange Commission. According to court papers, Detroit-based Assistant U.S. Attorney Craig Weier handled the cases for the government. A spokeswoman for the U.S. Attorney’s Office in the Eastern District of Michigan declines comment. � Lily Henning MOUSSAOUI BENCHED The power struggle between alleged terrorist Zacarias Moussaoui and Judge Leonie Brinkema has come to an end. On Nov. 14, Brinkema, of the Eastern District of Virginia, ruled that Moussaoui could no longer represent himself against terrorism conspiracy charges, stating that Moussaoui’s recent pleadings included “contemptuous language that . . . will no longer be tolerated.” Moussaoui’s standby counsel, including Federal Public Defender Frank Dunham Jr. and Middleburg, Va.’s Edward MacMahon Jr., will take over. They will also handle a Dec. 3 hearing at the U.S. Court of Appeals for the 4th Circuit on whether Brinkema had authority to strike the death penalty and any reference to Sept. 11, 2001, from trial because of the government’s refusal to allow Moussaoui to depose a U.S.-held enemy combatant. Brinkema’s Nov. 14 ruling is not expected to affect the appeal. � Siobhan Roth

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