Brad Berenson

by emptywheel

(Image of Sampson and Berenson by Washington Post/Linda Davidson)

Say, does anyone besides me find it curious that Brad Berenson, who is representing Abramoff scandal firewall Susan Ralston, is also representing USA Purge firewall Kyle Sampson?

I'm not suggesting there's a formal conflict, mind you. I just find it mighty convenient that Berenson, who was Associate White House Counsel under Alberto Gonzales (and had a hand in writing the PATRIOT Act), also happens to be defending two of the people who could reveal the inner workings of how BushCo skirts the law. And heck--got questions about missing emails? Both his clients would know a little bit about how the RNC email servers work to launder White House actions, too.

Mostly, I'm just wondering whether Karl Rove is paying Berenson's bills. Because that sure seems to be the guy he's really defending.

Comments

[William Ockham]

One point that could be made is to compare the qualifications of the defense lawyers to the DOJ high-level appointees. The day-to-day running of the DOJ was left in the hands of Gonzales, Sampson, Goodling, and the graduates of Regent University. Defending those foxes (i.e. felons) in charge of the henhouse, you have John Dowd, chief litigator for Akin Gump (or, given his role in the Pete Rose thing, maybe Aching Ump) and a guy whose education was:

• Harvard Law School (J.D., 1991, magna cum laude)
• Yale College (B.A., 1986, summa cum laude)

Good to see where this crowd's priorities are.

[Brooklynite]

Bingo.

In the book Den of Thieves (great white-collar crime book, BTW) there was a great quote from one of Milken or Boesky's lawyers, who was providing "free" representation to some lower-echelon crooks: "Better to keep 'em inside the tent pissing out, than outside the tent, pissing in."

It worked for a while.

My wife can't believe that Bush hasn't cut Abu G loose yet; I explained the above quote . . . AG knows too much to be cast under the bus.

They're going down, but they'll drag it out as long as possible.

[Rayne]

Well, when you mention Ralston's name, it sure seems like a gimme. Keeping it all in the family, under control. Might be not just that Berenson is protecting Rove, but that Rove can more readily keep an eye on what's going on in advance of the coming Abramoff-Rove-storm.

[emptywheel]

Berenson also defended one of the lower level people in Enron, too. That person was not indicted.

[-ck-]

If Berenson worked as Associate White House Counsel under Alberto Gonzales, doesn't that put him in a position to be a co-conspirator in the obstruction of justice and corruption and racketeering prosecution that is at the heart of the Abramoff scandal?

Inquiring minds . . .

[Boston1775]

Berenson is representing Rove's and Abramoff's underling as well as Gonzales' underling. And he was Gonzales' underling from January 2001 to January 2003?

Hell-o? tap tap tap Testing.... "This is Nurse Ratchet, it's time for your medication."

[Boston1775]

Brad Berenson, Chairman, Federalist Society, Criminal Law & Procedure practice group

[bmaz]

ck and Boston1775 have good points. The only way this issue could be raised though is by one of the players (maybe by the Chairman of one of the committees, but seems unlikely they would) through the filing of some type of motion for determination of status of counsel regarding conflicts. This is actually done in regular courts every now and then. The motion can even be filed without definitive evidence of conflict by arguing that there is an appearance of impropriety either necessitating the court to make a formal determination or require specific waivers of conflict from the particular parties.

[Mauimom]

I hope the Halloween stores have sufficient lead-time to make masks of these guys so they'll be available in October. Talk about scaring the pants off someone!!! How spooky are they???

[Mr.Murder]

He's been an ABC news consultant, and was a Kennedy Clerk at SCOTUS, and he's a classmate and friend of Barack Obama, where he was on the Editorial Board of the Harvard Law Review.