The BLT: The Blog of Legal Times

This Week in Legal Times...

You may still be eating leftovers, but this week's Legal Times is packed with fresh offerings.

New York - if you can make it there, you can make it anywhere. Nathan Carlile travels to New York for a look at D.C. firms that have opened offices there, examining whether they've managed to make a name for themselves in the big city.

Federal judges are now governed by new disclosure rules covering privately funded travel to seminars, Brendan Smith reports. So far this year, D.C. and 4th circuit judges have reported trips to destinations such as Bozeman, Mont.; Sedona and Tucson, Ariz.; Aspen, Colo.; and New York.

Supreme Court Justice Antonin Scalia is co-authoring a book on the art of persuading judges, reports Legal Times' Tony Mauro. Scalia is known as one of the court's sharpest orators and writers, which will likely make the book a must-read. Also, click here for an update on the health of Chief Justice John Roberts Jr., and inside info on what late Supreme Court Justice Harry Blackmun thought of Republican presidential candidate Rudolph Giuliani.

Check out Influence for a report on how the U.S. Enrichment Corp., near bankruptcy, lobbied to savage its finances by getting the U.S. government to hand over $3 billion worth of partially depleted uranium. An added bonus: find out why the U.S. Chamber of Commerce decided not to invite Santa Claus to its holiday party this year.

Morning Wrap

Lott to Resign: Sen. Trent Lott of Mississippi, a member of the Republican leadership, will resign as of the end of the year, the Associated Press reported this morning. Lott has scheduled two press conferences in his home state of Mississippi later today, and will announce his plans, the AP says, citing sources.

HIV Infection Widespread in D.C.: A statistical report released today shows that one in 20 DC residents is thought to have HIV, the virus that causes AIDS, and the disease is spread throughout the city's demographics, The Washington Post reports.

Republicans Recruiting Rich: The Republican party, lagging Democrats in fundraising, is recruiting wealthy candidates who can pour personal resources into their races, The New York Times reports. A Republican spokesman says the strategy makes the party more competitive in upcoming elections.

Middle East Peace Talks: The Bush administration, in a reversal of previous policy, is throwing its clout behind upcoming Middle East peace talks in Annapolis, even soliciting participation from long-estranged powers in the region such as Syria, the Wall Street Journal reports.

Happy Thanksgiving

The BLT is closing up shop for the holiday, so check back Monday morning. Before we go, we'll leave you with Dana Milbank's video reflections on May, the White House turkey, and the quirks of presidential pardons, courtesy of The Washington Post.

Nice Work, if You Can Get It

The Ashcroft Group’s new contract isn’t for lobbying, but it sure is lucrative. In a deal worth potentially $52 million, John Ashcroft’s consulting firm has been tapped by New Jersey U.S. Attorney Christopher Christie to manage the affairs of a company during a criminal investigation of business practices in the artificial knee and hip replacement industry. The Newark Star-Ledger has the story. Christie, of course, worked for Ashcroft when the latter was attorney general.

The company, Zimmer Holdings, has agreed to pay between $1.5 and $2.9 million a month for expertise and legal services--at rates up to $895 an hour--for up to 18 months. The arrangement, disclosed by Zimmer officials themselves, seems a bit generous to some of the corporate governance experts The Star-Ledger spoke to. Not so to Christie.

"These companies visited this upon themselves with their criminal conduct," Christie said of the fees.

Who Fired Santa Claus?

Santa Claus just got pink-slipped by the U.S. Chamber of Commerce.

The Chamber this week rescinded the jolly gift-giver’s invitation to their annual holiday party. John Reid, a spokesman for the Chamber, says the Chamber is scaling back its annual December extravaganza to make sure it doesn’t violate any ethics rules.

“I think our folks are being very careful to make sure it’s not an over-the-top type of event as it proboably has been in the past,” Reid says, clarifying for good measure that the holiday affair “is not a party, it’s a reception.”

If the event falls under certain exemptions—including being a “widely attended” event—members of Congress and staffers may attend. Reid says the Chamber is carefully planning the shindig to make sure it doesn’t pose problems. The food will be light hor d’oeuvres, and the ice sculpture was put on ice this year. Favors have been nixed as well, and, yes even Jolly Old St. Nick was struck from the program.

“There is some value to them,” Reid says of photos of party attendees with Santa. “It seems like a crazy little thing.”

The lobbying reform rules passed earlier this year—especially the stringent gift ban— are making the holidays even more stressful than usual this year. Lobbyists say they gave up on gifts—and gift baskets sent to congressional offices—years ago, but firms are also weighing who should make the holiday party invite list. It may seem Grinch-like to question largesse during the holiday season, but the rules are the rules—even if they mean giving Santa the boot. Many lobbyists say they’ve long since stopped giving gifts, anyway. “That’s so old school,” says Rich Gold, head of the public policy practice at Holland & Knight.
It’s definitely out of style. “Even a lump of coal is not permitted under the new rules,” says Jim Christian, a partner at Patton Boggs. “It’s a thing of value.”

Christian says the firm has never officially given gifts, but in the past, individual lobbyists may have sent items to people they had worked closely with. No more of that. The firm has conducted training on the new rules, he says. Another Patton Boggs partner, Darryl Nirenberg, says most questions from lobbyists at the firm have related to personal holiday gatherings. Can they still invite people who work on the Hill? Will it be covered by a special exemption for widely attended receptions (unlikely, for your basic holiday party) or will a gift be covered because the people involved are friends? For that, Nirenberg says, there are tests: “Is there reciprocity?” he asks. “Is there a bona fide friendship? If lobbyists are giving the same type of gift to everyone on the Hill, it would raise questions.”

Sounds like Santa should check his list more than twice.

Before You Gobble, Gobble

We hear Thanksgiving is a big day for the turkey lobby.

Of course, the farm bill remains unresolved, and groups are still doing battle on a host of issues, from trade to labeling to dietary guidelines. Lobbying disclosure reports show the groups representing different pieces of your Thanksgiving feast have spent hundreds of thousands of dollars so far this year.

The Cranberry Marketing Committee spent $50,000 lobbying on trade issues that would open up new markets for U.S. cranberries, and Ocean Spray Cranberries paid Cassidy & Associates $180,000 to lobby on the farm bill and Department of Agriculture appropriations. The Potato Growers Association wasn’t active this year, but the giant Grocery Manufacturers Association spent more than $750,000—both on its own lobbying and with more than half a dozen firms, including Dutko Worldwide and Akin Gump Strauss Hauer & Feld. The trade association lobbied on a host of issues, from labeling to school lunches to free trade and energy issues.

Then, of course, there’s the National Turkey Federation, which reported spending $60,000 lobbying on the farm bill and other issues. Looks like Thanksgiving isn’t the only time lawmakers talk turkey.

Lobbyist Eaten By Cannibals?

So, anyone watch "Bones" last night? We here at the BLT like to track these Hollywood portrayals of our readers. Sadly, there aren't that many lobbyists on television. But “Bones” served one up on Tuesday. Apparently, lobbyists make tasty victims.

The show, set in Washington, has featured an ongoing cannibalism story line. Last night, the predator seemed to claim his first lobbyist (or, as forensic anthropologist Dr. Brennan liked to call him, "The Corruptor"). The unnamed lobbyist - also the target of an FBI corruption investigation - blew off warnings that he was at risk. Later, tied up, naked and on the verge of turning into lunch, he was dramatically rescued by FBI Agent Booth, the show's other main character.

But the lobbyist still looked on the verge of meeting a nasty fate at the end of the episode. So here's the real question: Who were his clients? If the show is true to life, next week will feature the sure-to-follow pitch meetings as his rivals try to scoop up the work.

Oh, and sorry if we just killed your appetite for Thanksgiving dinner.

No Conflict of Interest, Please

Dozens of cases involving the federal government have been taken off the docket of a Chicago federal judge named by President George W. Bush to become deputy attorney general. Mark Filip, 41, was nominated a week ago by the president, who announced appointments to fill several key vacancies at the embattled Department of Justice.

Chief Judge James Holderman of the Northern District of Illinois issued an order Monday reassigning the 63 cases involving the federal government as a plaintiff or a defendant that Filip had presided over. Holderman wrote that Filip "should not preside over criminal cases or civil cases in which the United States is a party while his nomination is pending."

Carl Tobias, a law professor at the University of Richmond School of Law, says Holderman’s move offers transparency and fairness to all parties involved in the suits and prosecutions while Filip awaits confirmation.

Back to School

It’s not quite a lateral. James Sandman, a partner in Arnold & Porter’s D.C. office specializing in risk avoidance and corporate responsibility, starts up a new job early next month – as the general counsel for D.C. Public Schools.

It’s a big switch for Sandman, who has spent three decades at Arnold & Porter, serving as managing partner between 1995 and 2005. (He’s also a former president of the District of Columbia Bar.)

His arrival at DCPS comes at a busy time. The school system recently had some legal trouble, including a U.S. district judge’s accusations of “stunning ignorance” by DCPS attorneys in special education litigation. Sandman who has two children in private high schools, says he is making the switch in a large part due to his admiration for the schools’ new chancellor, Michelle Rhee.

“I started my career in Washington because I thought I’d do public service,” he says. “I just didn’t know it would be 30 years before it happened.”

Morning Wrap

Lost Luggage? Blame Airline Tags: Just what you wanted to hear before getting on that plane for the Thanksgiving holiday. The New York Times reports that the baggage problem is getting worse: "One in every 138 checked bags was lost during the first nine months of this year, compared with one in 155 bags a year earlier." Airline officials say dirty printers account for misread bar codes on baggage tags that in turn lead to lost luggage. The Associated Press offers this travel story via MSN.com, which has its own tips here.

Better Late Than Never: Nearly three decades after the killings of 1.7 million fellow Cambodians, the first trial against several leaders in the former Khmer Rouge regime began in a special tribunal, the New York Times reports on its front page. Speaking after being detained for 8 1/2 years, Kaing Guek Eav, 66, complained that his human rights have been violated while he awaited to answer charges that he ran a torture center. The long-awaited trials have been welcomed by human-rights groups. Khmer Rouge's ruthless rule lasted from 1975 to 1979 and was led by Pol Pot, who died in 1998.

Where's the Economy Headed in '08?: The forecast isn't rosy but not entirely gloomy. Buoyed by signs of inflation staying in check, the Federal Reserve predicts a downturn but not a recession in the next few months, according to the New York Times. That has analysts worried that the survey of Fed governors and regional bank presidents is too optimistic amid ongoing concerns about the housing-fueled credit crunch and high oil prices. Wall Street also is clamoring for a new interest rate cut, when the Fed's committee meets Dec. 11. Meanwhile, the Washington Post reports the loan crisis also has ensnared Freddie Mac, the big government-backed mortgage finance company, which yesterday reported a $2 billion loss in the third quarter.

Stem Cell Research Debate Quelled?: Scientists in the U.S. and Japan say that they have turned human skin cells into embryonic stem cells without the need to tap into an embryo or women's eggs, both the New York Times and Washington Post report. The finding could potentially end the ethical, legal and political debate about the reproduction of human cells that would be used to supplant body parts and better understand diseases. President George W. Bush has consistently denied funding for such research while other prominent Republicans, including Nancy Reagan, supported research to find possible cures for Alzheimer's disease. Here is TIME's story.

Lies, Lights and Microphone: CNN reports Scott McClellan, a former White House spokesman from 2003 to 2006, says in a new book he found himself repeatedly defending former aides such as Karl Rove and Scooter Libby publicly in the Valerie Plame spy scandal under the direction of his bosses, President George W. Bush and Vicepresident Dick Cheney. "The most powerful leader in the world had called upon me to speak on his behalf and help restore credibility he lost amid the failure to find weapons of mass destruction in Iraq. So I stood at the White House briefing room podium in front of the glare of the klieg lights for the better part of two weeks and publicly exonerated two of the senior-most aides in the White House: Karl Rove and Scooter Libby," reads an excerpt from McClellan's upcoming book, What Happened. "There was one problem. It was not true." A White House spokesman says the president "had not misled his spokespeople, nor would he."