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MOUSSAOUI TEAM SHUFFLED FOR SENTENCING After more than three years on the case, Virginia Federal Public Defender Frank Dunham Jr. is stepping off the team representing convicted terrorist Zacarias Moussaoui. On April 22, Moussaoui admitted, against the advice of his attorneys, that he had trained to fly as part of an al Qaeda plot to use planes as weapons of mass destruction. The plea was not part of any deal with government lawyers, and federal prosecutors have indicated that they will continue to seek the death penalty. As the case proceeds to sentencing, Assistant Federal Public Defender Gerald Zerkin, an experienced advocate in capital cases, will take over for the public defender’s office. Court-appointed defense attorneys Edward MacMahon and Alan Yamamoto will also remain on the team. At his plea hearing, Moussaoui lashed out at Dunham, calling him “an ex-prosecutor, who is doing the job of the prosecution.” But Dunham says his decision to withdraw from the case was not personal. “I looked at the roster and just thought we had too much personnel on the case. Mr. Zerkin is an experienced capital defender, and I am not, so I said,’Hey, what do you need me for?’ “ Zerkin calls Dunham’s departure “a reorganization of resources.” He declined to comment on the defense team’s strategy for preventing Moussaoui from being sentenced to death. In court filings, defense lawyers have maintained that Moussaoui should not be eligible for the death penalty because he was in jail at the time of the Sept. 11, 2001, terrorist attacks and did not participate directly in the plot that claimed the lives of thousands of Americans. Judge Leonie Brinkema of the U.S. District Court for the Eastern District of Virginia indicated at the April hearing that she expects issues related to Moussaoui’s ability to question al Qaeda operatives in custody overseas to play a large role in the penalty phase. Brinkema has ordered the parties to propose a schedule for sentencing by May 6. � Vanessa Blum QUITE SOLICITOUS The Senate confirmation hearing for solicitor general nominee Paul Clement came and went last week with nary a peep from lawmakers. Just two senators � Tom Coburn (R-Okla.) and Russell Feingold (D-Wis.) � showed up to question the 38-year-old Clement, who has been serving as acting SG since July 2004. Feingold praised Clement, a fellow Wisconsin native, for his professionalism and commended his vigorous defense of the McCain-Feingold campaign finance reform bill before the Court in 2003. If confirmed, Clement, who has argued 26 cases before the Supreme Court, will be the youngest lawyer to serve as SG in more than 50 years. Clement said he was honored to be nominated for the post. He noted that the solicitor general, though an executive branch official, also has responsibilities to Congress and the courts. “I’ve heard reference made to the solicitor general as the 10th justice,” he remarked, adding, “I’ve never heard the comment made by any of the nine real justices.” � Vanessa Blum OLSON IN When New York Times reporter Judith Miller and Time reporter Matthew Cooper take their reporters’ privilege case to the Supreme Court next week, they won’t be filing their petitions together. Both had been represented by FirstAmendment lawyer Floyd Abrams of NewYork’s Cahill Gordon &Reindel. But Time has decided to file separately and hired former Solicitor General Theodore Olson, a partner at the D.C. office of Gibson, Dunn &Crutcher, to lead the effort. The reporters are challenging a ruling by the U.S.Court of Appeals for the D.C. Circuit that upheld a subpoena for their confidential sources by Special Prosecutor Patrick Fitzgerald in the Valerie Plame case. Abrams and Olson resist suggestions there is any rift between the two media outlets. “We’ve worked together on this case already,” says Olson, noting that Gibson partner Theodore Boutrous Jr. filed an amicus curiae brief with the Court on behalf of 25 media organizations supporting the reporters. � Tony Mauro MAJOR MILESTONE Justice John Paul Stevens doesn’t reach his 30th anniversary on the Supreme Court until December, but the celebration of that milestone is already under way. Georgetown University Law Center’s Supreme Court Institute marked the occasion April 28 with a reception. Stevens, who just turned 85, is a lifelong Chicago Cubs fan, so institute Director Richard Lazarus asked the Cubs to turn out a jersey for Stevens. Cubs General Counsel Michael Lufrano jumped at the chance and had one made with the No. 7 on it � as in 7th Circuit, the appeals court Stevens sat on before being named to the high court in 1975. Stevens seemed delighted, recalling that he was at Wrigley Field for the 1932 World Series game in which Babe Ruth allegedly pointed to the stands and then delivered a home run to the spot. “There are probably one, two, or three million people who have claimed to be there,” Stevens said. “I really was.”Speakers praised Stevens’ deceptively gentle way of asking tough questions at argument. Stevens is “the most-dangerous member of the least-dangerous branch,” said Georgetown professor Nina Pillard. � Tony Mauro RELIABLE SOURCE One of the founders of Shaw Pittman’s outsourcing practice has returned to the newly merged Pillsbury Winthrop Shaw Pittman. The move by Harry Glasspiegel comes at a critical time for Pillsbury’s outsourcing group, which recently lost key players to Morgan, Lewis & Bockius and Morrison & Foerster. “This is my next life adventure,” he says. Glasspiegel, 55, says the recent merger helped persuade him to come back to his former firm. Glasspiegel left Shaw Pittman in 1997 for a foray into business, first as an adviser to former insurance client CNA and later for CRAIG/is Ltd., which counsels insurance company ventures. � Emma Schwartz BAR BRAWL Candidates for the leadership positions in the D.C. Bar gathered at a forum last week to plead their case before members of the city’s voluntary bar associations. But while most of the questions revolved around efforts to increase diversity, one particular question solicited decidedly different views from the two president-elect candidates � Anthony Epstein, a partner at Steptoe & Johnson, and James Sandman, managing partner at Arnold & Porter. What should be the proper punishment for Michael Sitcov, the Justice Department attorney fighting for a retroactive reinstatement after he was suspended by the bar for nonpayment of dues? Sandman, a current member of the D.C. Bar’s Board of Governors and one of the 10 members who voted not to retroactively reinstate Sitcov, refused to comment except to say that the bar has identical procedures to other mandatory bars across the country. But Epstein disagreed. “The rule ought to be changed,” he said. “The punishment doesn’t fit the crime.” � Bethany Broida JARNO UPDATE Malik Jarno, the mildly mentally disabled Guinean orphan whose quest for asylum has garnered congressional support, finally got some good news. First, U.S. District Judge Gerald Bruce Lee of the Eastern District of Virginia ruled Jarno was entitled to almost $12,000 in attorney fees and court costs after the Department of Homeland Security failed to respond to a Freedom of Information Act request in a timely fashion. The money will go to the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, one of the groups representing Jarno pro bono. Then, last week, Rep. Chris Van Hollen (D-Md.) introduced a bill seeking to make Jarno a permanent U.S. resident. It’s the second such bill Van Hollen has introduced. Jarno’s attorneys and the government have repeatedly clashed for years about almost every factual claim in Jarno’s case, from his real name to his actual age. Some FOIA documents released in the suit buttress Jarno’s claim that he is who he claims to be. “The gratifying part about this,” says Denise Gilman, project director for the Immigrant and Refugee Rights Project at the Lawyers’ Committee, “is the recognition that DHS did not handle this case appropriately.” � Bethany Broida TURBO TAX Eight attorneys have joined the tax practice at Miller &Chevalier, bringing the number of tax lawyers atthe D.C. office to 55. Among them is partner Marianna Dyson, a lawyer with deep roots in the legal profession: She’s a sixth-generation lawyer. Dyson says the family’s earliest barrister first hung his shingle in western Kentucky in 1807. “Family folklore is that one of the [earliest ancestors] represented Daniel Boone,”she says. “Even if it’s not true, everyone believes it.”Dyson joins the firm from Baker & Mckenzie. Also joining the firm’s tax practice are Kimberly Tan Majure, formerly a counsel at Skadden, Arps, Slate, Meagher &Flom; Dwight Mersereau, formerly of PricewaterhouseCoopers; Anthony Provenzano, formerly an associate at Morgan, Lewis & Bockius; Steven Schneider, formerly of Ernst &Young; Jonathan Prokop, formerly an associate at Dechert; and Steven Dixon and Michael Lloyd, both associates leaving Baker & McKenzie along with Dyson. � Jason McLure WHEN IN ROME The center of gravity in the legal world tilts east to Rome next week for the inaugural conference of the National Italian American Foundation’s Institute for International Law. Supreme Court Justice Antonin Scalia is the conference keynote speaker, and among others who plan to attend are Michael Greco, president-elect of the American Bar Association; Giovanni Prezioso, general counsel of the Securities and Exchange Commission; and Arthur Gajarsa, a judge on the U.S. Court of Appeals for the Federal Circuit. On the agenda: mutual concerns about corporate governance and intellectual property, says Frank Razzano, a partner at Dickstein Shapiro Morin & Oshinsky, and chairman of the institute. “Microsoft and Gucci are names that are known in the remotest areas of the world,” says Razzano. “How we protect those brands is a problem which is common to both of our legal systems.” � Tony Mauro

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