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Key Figure In US Attorney Firings Can Still Practice Law, Court Rules


Former Bush Admn. Justice staffer Kyle Sampson

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Via National Law Journal (sub. req.)...

This one'll make your skin crawl...

Kyle Sampson, the Bush Justice Department staffer who played perhaps the most active operational role in the U.S. attorney firings, has been granted a rare waiver to practice law in Washington D.C., despite an ongoing criminal investigation into the scandal.

Sampson, who was chief of staff to Attorney General Alberto Gonzales, last year had his application for a law license rejected, pending the result of the criminal investigation, by the D.C. Committee on Admissions. The committee referred to a "cloud" over Sampson's "moral character," citing his prominent role in the firings, as documented by two DOJ reports. Among other things, Sampson has been shown to have miseld Congress about the White House's role in the firings.

But in May, after an unusually intense legal campaign by Sampson's supporters -- as well as a lobbying push directed at the committee -- a three-judge panel of the District of Columbia Court of Appeals reversed the committee, ruling that Sampson could continue practicing law as a partner in the Washington office of Hunton & Williams until a final decision is made on his application.

The campaign on Sampson's behalf seems to have been extraordinarily intense. In 65 pages of documents, his lawyers tried to defend his role in the firings, arguing that he was guilty only of honest mistakes.

One of Sampson's backers, George Jones of Sidley Austin, wrote the Committee on Admissions about what a great guy Sampson is. "It is clear that Mr. Sampson has extended himself far beyond what is normally expected of a person caught up in a high-profile Washington political controversy to bring the full truth as he knows it to public light," wrote Jones, adding that "the courage and integrity it took to choose that path should be rewarded."

Sampson also gave judges a star-studded list of references, including John Ashcroft, former judge Karen Williams of the U.S. Court of Appeals for the 4th Circuit, for whom Sampson clerked, and former U.S. Attorney Jeffrey Taylor of the District of Columbia.

One Washington lawyer said that he had never heard of the court granting an indefinite waiver over the objections of the committee. He said Sampson's lawyers have accomplished "a great piece of creative work."

Of course, Sampson still figures to be barred if he's hit with criminal charges by special prosecutor Nora Dannehy. But in the meantime, he'll be trading on his government experience and blue-chip connections to rake in the dough.

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23 comments

Recommend Recommend (7)

August 25, 2009 7:19 PM   

This is pure "politicking" at its finest. I am sure that the law offices of "Hunton & Williams" should be proud to hire someone who clearly put loyalty before the law. Hey maybe that should be their corporate catch phrase, "Hunton & Williams, loyalty before the law".

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August 25, 2009 8:26 PM   

No crawling skin here. Despite my personal feelings about Mr. Sampson's guilt, I am not offended by a ruling that allows him to work until due process is completed. How much money he makes should be irrelevant.

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August 25, 2009 10:31 PM    in reply to DHSmd

The only work he should be doing is making little ones out of big ones.

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August 25, 2009 10:36 PM    in reply to DHSmd

I agree in principle, but it seems the principle is more of a guideline when applying it to the less connected. And that has always made my skin crawl.

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August 25, 2009 10:22 PM   

Kyle Sampson --why is he not behind bars?

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August 25, 2009 11:01 PM   

D. Kyle Sampson is a bishop in the Mormon church and influential Mormons have the little fucked up piece of shit's back. As far as I know, no one ever did figure how D. Kyle managed to pay $425k in cash for his house in Arlington in 2004.

Sampson should have been prosecuted to the fullest extent of the law for lying to Congress.

Sampson was up to his eyeballs in squelching a deposition in the Cobell case involving the accounting for oil and mineral rights leae payments when he was in the White House. I'm sure Gale Norton put a good word in for him as did Steve Griles.

I'm sure Orrin Hatch did his part in helping out Mr. Karl Rove Wannabe.

If anyone ever deserved to be barred from practicing law, it is D. Kyle Sampson, followed closely by Monica Goodling.

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August 25, 2009 11:10 PM    in reply to Mrs Panstreppon

Kyle Sampson opened "Cascade Consulting" in March 2007. The registered address of this LLC was his home. This was after he got bounced out of his DOJ job.

I have yet to figure out what Kyle was consulting on.

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August 26, 2009 1:12 AM    in reply to Mrs Panstreppon

You're getting warmer. Don't forget which multi-billion dollar corporate entity based in Utah partnered with companies like Peabody Energy and stole Native American water, energy, and mineral rights for decades. Sampson's involvement with Cobell v. Salazar is just the tip of the iceberg.

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August 26, 2009 10:17 AM    in reply to Goldspinner

???

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August 26, 2009 12:01 PM    in reply to Mrs Panstreppon

The Church of Jesus Christ of Latter-day Saints is one of the largest holders of water, energy, and mineral rights in the United States. Many of these rights were acquired when Utah was still a territory and are attached to what is now federally-owned or tribal land. There are a number of resources available that explore this topic in far greater detail but here's a few snippets of general background information:

http://www.earthisland.org/journal/index.php/eij/article/clear_skies_in_the_desert/

http://www.reviewjournal.com/lvrj_home/2006/Mar-27-Mon-2006/news/6426264.html

Keep in mind that Paul Warner was the first U.S. Attorney targeted for firing even though he had the support of both Utah senators. Follow the money (and the Indian Country connections).

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August 26, 2009 12:07 PM    in reply to Mrs Panstreppon

Here's another link. You may find the last paragraph of page 10 interesting.

http://www.lds.org/csm/Whattypesmissionsavailable_.pdf

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drv

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August 25, 2009 11:05 PM   

"Sampson still figures to be barred if he's hit with criminal charges"

Shouldn't that be "disbarred"?

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August 27, 2009 12:01 PM    in reply to drv

would seem to depend on whether the court's decision means that he can continue practicing while his application is pending and allows the committee on admissions to keep his application on the pending pile or if the decision means that the committee must grant him a license. i take 'indefinite waiver' to mean the former rather than the later.

so then the 'barred' here would seem to be a general term meaning 'prevented' as in he could be prevented from joining the bar in the first place.

unless i am mistaken and you can be 'disbarred' without ever actually belonging to the bar, it seems that he needn't be disbarred when his application can simply be denied.

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August 27, 2009 12:11 PM    in reply to fkaZk0sm0

...or if the decision means that the committee must grant him a license.

actually i don't figure the committee does the actual granting of licenses. likely, they only file recommendations.

it is very possible the court granting a waiver actually means that sampson will be/has been granted a license.

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August 26, 2009 10:35 AM   

"Shouldn't that be "disbarred"?"

Yes.

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August 26, 2009 12:15 PM    in reply to HusseinTenaX

Where have you been?

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August 26, 2009 11:29 AM   

Who were the judges and who appointed them?

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August 26, 2009 11:59 AM   

Judicial activism at its finest.

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August 26, 2009 11:59 AM   

"...his lawyers tried to defend his role in the firings, arguing that he was guilty only of honest mistakes."

So Hunton & Williams is hiring either a crook or an incompetent. Can't be anything but a GOP firm.

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August 26, 2009 1:48 PM   

Why is it that these ultra religious types have no moral compass. Do they feel that just being a Mormon (or whatever denomination) excuses them from behaving? I know some uber-Catholics like that - and they do make my skin craw.

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August 26, 2009 4:35 PM   

I guess the good news is that at long last a law firm has appeared that is sleazy enough to take Alberto Gonzalez off the unemployment rolls.

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August 27, 2009 7:12 AM   

One thing missing in this discussion is the Utah angle. Quietly, Utah has become a paradise for spammers and multilevel marketing schemes (please withhold Mormon Church snarks). Kyle's original hope was to become US Attorney for Utah and go after porn spammers who where attracting too much heat for the other players in the industry. We seem to forget that the world's biggest sources of Internet cholesterol are right here in the US.

http://www.spamhaus.org/statistics/countries.lasso

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October 10, 2009 12:16 AM   

The DC Committee on Admissions seems to think it can withold certification indefinitely if it appears that the applicant has a "cloud on his moral character." I don't think so. For one thing what constitutes a "cloud" is a completely subjective call - the DC Committee on Admissions has no conduct standards - whatever "raises and eyebrow" can cause years of delay and loss of earning power.

The published cases show that the DC COA and the DC Court of Appeals can take as long as ten years to reach a final decision. What's interesting to me is that Sampson seems to have been moved to the top of the stack. My research discloses that the DC COA has over 300 applications in abeyance and that it takes at least two years for the COA to arive at a "preliminary position" and another year to get the application to a hearing.

I will not pass judgment on Kyle Sampson. If the investigation results in a felony conviction, part of the punishment will be disbarment. Denial of the right to practice a profession on a mere suspicion, allegation, or other unproven charge cannot constitutionally serve as a basis for denying a person a license to practice law.

The Court of Appeals made the correct call on this one. It needs to police the Admissions process a bit more dilligently. Prophylactic punishment is unlawful under our constitution even if the object of the punishment is the protection of the public.


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