From 'He Is Innocent' to 'She Was Authentic,' Kavanaugh Hearings Divide Attorneys
Litigators, naturally inclined to assess witness credibility, found plenty to analyze. And with televisions tuned in to the spectacle at firms across the country, one law firm leader said "billions of dollars" in billable hours were probably lost.
September 30, 2018 at 11:42 AM
5 minute read
The original version of this story was published on New York Law Journal
As the politically and emotionally hypercharged Senate proceedings over the fate of U.S. Supreme Court nominee Brett Kavanaugh came to a head on Thursday and Friday, lawyers across the country stopped what they were doing and watched along with everyone else.
The hearings sparked strong reactions from partners at major law firms and a stream of commentary from the legal twittersphere. One prominent M&A partner at a Wall Street firm deleted his Twitter account after lashing out at the White House press secretary, later apologizing.
Meanwhile, seasoned litigators, naturally inclined to analyze witness credibility, closely observed Kavanaugh and his accuser, Christine Blasey Ford, with some finding striking differences.
For many attorneys, it was not a very productive end of the week. “When you walked around the office, you heard echoes of testimony coming from everyone's computers. Virtually everyone was absorbed in it,” said Jacob Buchdahl, a partner at Susman Godfrey. “The legal world was riveted.”
One law firm leader said “all partners and associates were standing” in front of the television, noting that the billable hours lost in the day were likely in the “billions of dollars.”
Marjorie Peerce, a partner at Ballard Spahr, said the the past few days recalled both Anita Hill's testimony during Clarence Thomas' nomination and the O.J. Simpson murder trial, with attorneys in her office and elsewhere “all glued to the TV,” regardless of their ideology or practice specialty.
For litigators in particular, the scene was a study in witness preparation and examination. “As trial lawyers, we are naturally inclined to be fascinated by witness testimony, and witness preparation and witness demeanor,” Buchdahl said.
“I thought Professor Ford was one of the best witnesses I've seen,” said Robin Cohen, a McKool Smith principal. “I've done a lot of trials, and I was taken aback by how genuine, how likable and how honest she was.” Cohen said she also found Ford's memory of the event compelling, as she noticed details of the house and testified about the laughter of the teenagers during the alleged sexual assault 36 years ago.
Cohen, speaking as a toughened litigator who has tried many cases, said it was emotional at times to hear Ford's testimony.
Buchdahl, the Susman partner, said it “was a tale of two witnesses.”
“We saw an enormous contrast between a witness who was a model of exactly how you want a witness to behave—she did everything you would want a witness to do. She was courteous, she was respectful, she was authentic, she did not change her style in testimony, depending on who was asking her questions,” Buchdahl said, adding Kavanaugh became hostile at times and at one point fired back some questions.
“While Dr. Blasey Ford was clearly trying to persuade the Judiciary Committee, the people sitting in front of her, it really seemed like Judge Kavanaugh's audience was President Trump,” he said.
Some attorneys also remarked on the unusual format of Thursday's proceedings. In a courtroom, “You don't have five-minute increments, you don't have questions that turn into speeches,” Peerce said, “and in a courtroom, you're supposed to have a neutral judge. You don't have a chairperson whose mind is already made up to arbitrate questions.”
Cohen said Republicans would have been better served hiring a defense counsel, as opposed to a prosecutor, who could have done a better job cross-examining the witnesses. Democratic senators, she said, could have done a better job questioning Kavanaugh with tailored questions.
Litigator Mark Zauderer, a partner at Ganfer Shore Leeds & Zauderer, said lawyers seem to be engaging in the same debate as others in the country. “Do you view this through the prism of due process or a job interview? Who has the burden?” Zauderer said. “Other lawyers I speak with on both sides of the issue are most concerned about what this public spectacle is doing for the credibility of the Supreme Court itself.”
For some observers, emotions ran particularly high.
Frank Aquila, a Sullivan & Cromwell M&A partner, deleted his Twitter account and apologized after tweeting to the White House Press Secretary Sarah Sanders that she should “Rot in Hell You B!tch,” after Sanders praised the defense of Kavanaugh by Sen. Lindsey Graham, R-South Carolina.
Meanwhile, Helgi Walker, a former colleague of Kavanaugh in the White House counsel's office and a partner and practice leader at Gibson, Dunn & Crutcher, told PBS' “NewsHour,” after seeing Kavanaugh testify, “This was the behavior of somebody who is innocent.”
“Yes, people react strongly, and I think emotionally. And I cried, my husband cried because we know Judge Kavanaugh, and we know what he's been through,” Walker said. “And we also know that he is innocent of these charges.”
Read More:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Final Countdown': SEC Launches Nearly 800% Litigation Surge in October
3 minute readCSX Joins Rest of Big Four Railroad Companies in Installing New Generation of Legal Leadership
Trending Stories
- 1Maryland Atty Pushes Judge to Grant Discovery in Reverse Discrimination Suit Against King & Spalding
- 2Thompson Coburn Hit With Class Action Over Data Breach
- 3The Coming of Trump's Judicial Picks Spurs Liberals to Press for Biden's
- 4'We Should Be Pragmatic': Meet the Possible Next FTC Chair
- 5Bank of America's Cash Sweep Program Attracts New Legal Fire in Class Action
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250