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    December 19, 2008  
Wash. Legal
Paul Hastings;
Bailey Law Group

Tomorrow, DC will be the center of college football! The start of bowl season happens at RFK, at the first-ever EagleBank Bowl. Navy v. Wake Forest. Be there! Please see ad at right for details.


The Bush Administration could be in for a rare win at the Supreme Court on a 9/11-related matter. That’s the conventional wisdom, at least, on the just-argued case of Ashcroft v. Iqbal, in which a Pakistani Muslim is attempting to hold the former AG personally liable for money damages in connection with his post-9/11 detention, which he claims was based on his race and religion.


We snapped this yesterday of Richard Samp, chief counsel to the Washington Legal Foundation, who filed an amicus brief supporting Ashcroft on behalf of five former AGs (Barr, Thornburgh, Meese, Civiletti, and Bell). The case turns on a question of civil procedure: whether the claim against Ashcroft and former FBI Director Mueller has the “plausibility” required to survive a motion to dismiss. (The District Court and 2d Cir. said yes, Richard says no.) There’s also the issue of qualified immunity. The amici former AGs argue that subjecting high-level officials like an Attorney General and FBI Director to potential personal liability would disrupt their ability to do their jobs.


Richard likes what he heard at argument, and not just because his brief got an approving shout-out from Solicitor General Greg Garre at oral argument. The popular take is that most Justices seemed loathe to require high-ranking officials to respond to suits that don't meet a threshhold level of evidence. But he’ll have to wait until the spring to see if he’s right. With Shaw Pittman before coming to the WLF in 1989, Richard knows former AG Dick Thornburgh through his role as chair of the WLF’s board of legal advisors. The conservative-leaning WLF has six attorneys on staff, and Richard spends half of his time on amicus briefings and half in direct representation cases in areas like tort reform and property rights.

One Last Party

Last night we rounded out our holiday party schedule with a chill get together in the company of Paul Hastings’s environmental team, who gathered at the Capital Hill digs of Jen O’Shea, second from right. We liked this party’s twist—re-gifting. Everyone had to bring a funny re-gift for their colleagues and donate money they otherwise would have spent on presents to Charlie’s Place, which provides food and clothing to the homeless in Dupont. Here, practice group leader Tom Mounteer hands Daryl Tate what turned out to be a spatula and an egg separator. Just what he wanted.

Santa’s Workshop?

The Bailey Law Group was full of presents yesterday when we checked in on the firm’s annual project to spread cheer to public school kids in the Bronx. It started in 2002 when firm principal Kathy Bailey picked up a few letters to Santa in NYC and ended up with a batch from Public School 89. The boutique struck up a relationship with the school and now provides gifts for one grade level each year. Last week, the firm closed its doors for a day and hit Potomac Mills (one coat, book, and toy for each kid!) and then spent an entire Saturday wrapping. Above, chief elf associate Margaret Danielski and office assistant Steve Wright show off some of their handiwork.


We already knew this was an enlightened place—Bailey Law Group won a Bisnow Green Award earlier this year. Still, nice to see the piles of gifts that associate Kerry Connor and biz dev whiz Jose Caceres tell us are getting shipped FedEx tomorrow. Kerry does alcoholic beverage licensing and has gotten permits for celebrity chef Todd English’s eateries in Boston and NY airports. Non-foodies may know Todd as one of the Iron Chefs. He was also one of People Magazine’s 50 Most Beautiful People. Best bet to catch Todd in DC: his restaurant Olives at 16th & K.

John Ford is Bisnow’s Legal Editor. Send him your Christmas lists and story ideas, and he’ll be sure to act on at least one of them: john@bisnow.com.

1909 K
Eagle Bank
Tradition Homes

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