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'Friends of the Court' Have Hidden Ties to Big Investors
Retweeted by David Fahrenthold: https://twitter.com/Fahrenthold
The first part of the insanely good new series by Pulitzer winner @zachmider is out! Zach's motto? VICTORY OR DEATH.
Link to tweet
TIPPING THE SCALES: PART I
'Friends of the Court' Have Hidden Ties to Big Investors
By Zachary R. Mider
September 12, 2017
Chuck Cooper, one of Washington’s top litigators, gives each new lawyer in his firm a full-size broadsword, a reminder of his motto: “Victory or death.” ... For the past four years, Cooper has pursued a claim against the U.S. government that could generate a huge payday for his client, Bruce Berkowitz, a wealthy Miami investor. Berkowitz is one of a group of money managers betting on a rebound in the shares of mortgage giants Fannie Mae and Freddie Mac, rescued by the U.S. during the financial crisis. In more than 20 lawsuits, investors are asking courts to order government action that would boost the price of the shares.
Last year, when an unrelated case in a federal appeals court threatened to create a damaging precedent, Cooper’s firm showed just how far it would go to win. Lawyers at Cooper & Kirk PLLC wrote a legal brief to defuse the threat, then recruited another attorney to submit it in her name—effectively hiding their involvement.
The previously unreported episode casts light on an increasingly influential feature of the U.S. legal system known as the amicus curiae, or friend of the court. Intended to provide judges with outside perspectives, amicus briefs have proliferated in recent years. But sometimes these “friends” are the puppets of financial interests, and judges can’t always see who’s pulling the strings. When that happens, the briefs become a tool for well-funded litigants to try to tip the scales of justice. ... Cooper referred questions to his firm’s managing partner, David Thompson, who said in an email that the brief complied with court rules. Berkowitz’s Fairholme Funds said it had “no involvement” in the matter.
....
A former clerk for Supreme Court Justice William Rehnquist, Cooper, 65, served in the Reagan Justice Department before heading to private practice. He’s known for backing conservative causes, such as defending California’s ban on same-sex marriage before the high court. Recently, he has been advising Attorney General Jeff Sessions, a fellow Alabamian and longtime friend.
'Friends of the Court' Have Hidden Ties to Big Investors
By Zachary R. Mider
September 12, 2017
Chuck Cooper, one of Washington’s top litigators, gives each new lawyer in his firm a full-size broadsword, a reminder of his motto: “Victory or death.” ... For the past four years, Cooper has pursued a claim against the U.S. government that could generate a huge payday for his client, Bruce Berkowitz, a wealthy Miami investor. Berkowitz is one of a group of money managers betting on a rebound in the shares of mortgage giants Fannie Mae and Freddie Mac, rescued by the U.S. during the financial crisis. In more than 20 lawsuits, investors are asking courts to order government action that would boost the price of the shares.
Last year, when an unrelated case in a federal appeals court threatened to create a damaging precedent, Cooper’s firm showed just how far it would go to win. Lawyers at Cooper & Kirk PLLC wrote a legal brief to defuse the threat, then recruited another attorney to submit it in her name—effectively hiding their involvement.
The previously unreported episode casts light on an increasingly influential feature of the U.S. legal system known as the amicus curiae, or friend of the court. Intended to provide judges with outside perspectives, amicus briefs have proliferated in recent years. But sometimes these “friends” are the puppets of financial interests, and judges can’t always see who’s pulling the strings. When that happens, the briefs become a tool for well-funded litigants to try to tip the scales of justice. ... Cooper referred questions to his firm’s managing partner, David Thompson, who said in an email that the brief complied with court rules. Berkowitz’s Fairholme Funds said it had “no involvement” in the matter.
....
A former clerk for Supreme Court Justice William Rehnquist, Cooper, 65, served in the Reagan Justice Department before heading to private practice. He’s known for backing conservative causes, such as defending California’s ban on same-sex marriage before the high court. Recently, he has been advising Attorney General Jeff Sessions, a fellow Alabamian and longtime friend.
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