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April 23, 2009 12:35 PM

DOJ Picking Up Tab As 'Stevens Six' Lawyer Up

Posted by Brian Baxter

Lawyers from Patton Boggs, Steptoe & Johnson, O'Melveny & Myers, Zuckerman Spaeder, and Hogan & Hartson are lining up to represent six lawyers caught up in a court-ordered criminal contempt investigation into the prosecution of former Alaska senator Ted Stevens, reports sibling publication Legal Times.

After U.S. Attorney General Eric Holder, Jr., dropped the government's case against Stevens earlier this month, U.S. district court judge Emmett Sullivan appointed Henry Schuelke III of Washington, D.C.'s Janis, Schuelke & Wechsler to investigate why prosecutors did not disclose possible exculpatory material to Stevens's defense counsel at Williams & Connolly. (Schuelke is a former federal prosecutor.)

Among those under Schuelke's microscope: Public Integrity Section chief William Welch II, lead prosecutor and principal deputy section chief Brenda Morris, public integrity division prosecutors Nicholas Marsh and Edward Sullivan, and Alaska-based assistant U.S. attorneys Joseph Bottini and James Goeke.

But now Legal Times reports that those six have some heavy Am Law hitters heading their way to advise them.

Patton Boggs litigation cochair Robert Luskin, perhaps best known for being Karl Rove's lawyer in the Valerie Plame case, is representing Marsh. Luskin, who confirmed his role to Legal Times, supervised the ABSCAM investigation that led to convictions of six congressmen on corruption charges while serving as special counsel to the Justice Department's Organized Crime and Racketeering Section.

Several sources tell Legal Times that Steptoe & Johnson litigation heavyweight Reid Weingarten, a former public integrity prosecutor, has been retained by Sullivan. Besides being a skilled courtroom orator, it doesn't hurt that Weingarten is a close friend of Holder.

O'Melveny partner Kenneth Wainstein, who joined the firm in February after serving as President Bush's homeland security adviser and head of the Justice Department's National Security Division, is representing Bottini.

Legal Times reports that Marsh has linked up with Zuckerman Spaeder partner William Taylor III, who successfully defended former Salt Lake City Olympic Committee president Thomas Welch on federal bribery charges.

Meanwhile Morris has turned to Hogan & Hartson's Charles "Chuck" Rosenberg, who joined the firm in October after stepping down as U.S. attorney for the Eastern District of Virginia.

Legal Times reports that the sole prosecutor who has yet to obtain counsel, Goeke, has been in discussions with several prominent District lawyers about representation.

The big question on many people's minds is who will be picking up the tab for all this high-priced legal talent?

According to a seven-page retention agreement obtained by Legal Times, the Justice Department will reimburse defense lawyers with five or more years of experience for up to $200 an hour, not exceeding 120 billable hours per month.

A Main Justice spokeswoman told Legal Times that would cap fees for defense lawyers at $24,000 per month (or $288,000 per year).

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How can we stomach the Stevens 6 getting any funds--even a $24,000 credi--toward Washington's most expensive criminal defense lawyers, when other subjects/targets of investigations get no such thing? It is not merely a case of an employer's willingness to assist with legal fees - these prosecutors work for the Department of JUSTICE, not Enron. They have, in the past, investigated/indicted persons who cannot afford a private lawyer, and I doubt that any of the Stevens 6 ever sought a stipend for any such person (so as to facilitate hiring Bob Luskin rather than the local pd). Yet when the prosecutors are under investigation themselves, the rules are different. The organization charged with pursuing justice should not merely follow the law, it should adhere to policies that are just. It is, quite simply, unjust for the Department to favor criminal defendants who happen to be employed by the Department over others.

unbelievable let them fend for themselves not on the taxpayers dime

Since when are federal employees, who are being investigated for or charged with a crime, entitled to legal representation at the expense of the government (except in those instances where the court appoints the federal public defender or private counsel to represent those who CANNOT afford their own attorney)? Senator Stevens, whose career was ruined by his prosecution, paid his own legal fees, without any subsidy from the federal government. Hopefully, one of two things will occur; (1) President Obama's administration will stop DOJ from contributing to or paying the legal fees for these prosecutors, or (2) if they are found guilty, in addition to any other punishment imposed on them, they must reimburse the government all of the fees and costs paid by DOJ on their behalf.

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