The Name Game

On the eve of the D.C. Madam trial, lawyers are scrambling to keep their clients off the witness list.

In a hearing in federal court this afternoon, Henry Asbill of Dewey & LeBoeuf moved to quash a subpoena issued to his client by Deborah Jeane Palfrey's lawyer, Preston Burton of Orrick, Herrington & Sutcliffe. U.S. District James Robertson denied the request.

The name of Asbill’s client was not mentioned in the hearing, but Asbill has represented Sen. David Vitter in the case since July. Vitter hired Asbill after his name turned up in phone records Palfrey kept of her escort service, Pamela Martin & Associates. The Louisiana Republican apologized for committing “a very serious sin.”

Asbill’s client is on stand-by to testify in the case, he said.

Zuckerman Spaeder partner Steven Salky also made a brief appearance at the hearing. His client, a male witness for the government whose name is under seal, was granted immunity to testify during the grand jury probe into Palfrey's business.

Salky said prosecutors should grant him immunity again, if they want him to testify at trial. Robertson told Salky it appeared likely his client would be called to the stand.

Assistant U.S. Attorney Daniel Butler said the man’s name would be on the witness list when it was presented to the jury next week.

“If the government wants to go spreading the names around . . . it’s on their heads to do it,” Robertson said.