On July 15, 2008, the Bay Area Lawyer Chapter presented a panel entitled “Restoring Justice: How the Department of Justice Has Been Politicized and How To Revive It.” The panel featured three former high-ranking Department of Justice officials: Professor Dawn Johnsen, former Acting Assistant Attorney General, Office of Legal Counsel, and current Professor of Law, University of Indiana School of Law, Bloomington; Bill Lann Lee, former Assistant Attorney General, Civil Rights Division, and current Shareholder, Lewis, Feinberg, Lee, Renaker & Jackson, P.C.; and Michael Small, former Deputy Associate Attorney General, attorney in the Office of Legal Counsel, and current Senior Counsel, Akin Gump Strauss Hauer & Feld.

Professor Johnsen discussed the so-called torture memo issued by the Office of Legal Counsel under the Bush Administration. She explained how the memo departed sharply not only from existing law but also from the traditional role of the Office of Legal Counsel, which has been to provide the President with accurate legal advice, not to advocate administration policies. Bill Lann Lee spoke about his experiences leading the Civil Rights Division and stressed the crucial role that career lawyers play in the enforcement of the civil rights law. Michael Small likewise noted the high quality of the career staff at the Department of Justice. All three panelists discussed the stark difference between the treatment of career staff, including the recent U.S. Attorney firings, under the current administration and prior administrations, both Democratic and Republican. Finally, the panelists expressed hope that the next administration, whether Republican or Democratic, will reestablish the DOJ’s tradition of professionalism and political neutrality, and the challenges they will face in doing so.

The Bay Area Lawyer Chapter would like to thank Dawn Johnsen, Bill Lann Lee and Michael Small for participating in the panel, Dan Bromberg for moderating the panel, and John Dwyer and Cooley Godward Kronish LLP for hosting the event.