DOJ's Whitaker Gets Mixed Reviews From Ex-Partners, Iowa Lawyers
Some of Matthew Whitaker's former law firm colleagues praised the acting AG's qualifications, while other Iowa attorneys said they believe he's not suitable.
November 13, 2018 at 03:13 PM
6 minute read
Just over a year ago, Matthew Whitaker was practicing at the small Iowa law firm he started with two other partners, united by close connections to the state's Republican party and a commitment to “faith, family, state and country,” according to one of the firm's founders.
Now Whitaker finds himself serving as his country's acting attorney general, after the exit of his former boss, Jeff Sessions, and is facing criticism over his public criticisms last year of the special counsel investigation.
While some of his prior law firm colleagues in Iowa praised his qualifications for the job of the nation's top law enforcement official, other Des Moines attorneys said they believe he's not suitable.
Whitaker was managing partner for nearly eight years at Whitaker, Hagenow & Gustoff, which had up to seven attorneys after its founding in December 2009. The firm has strong Republican roots, with founder Christopher Hagenow currently serving as a state representative and as majority leader of the Iowa House. Another firm attorney, Jack Whitver, is serving in the Iowa Senate. For his part, Whitaker, a former federal prosecutor under George W. Bush, ran unsuccessfully for state treasurer and U.S. Senate as a Republican.
In an interview, firm founder William Gustoff said, “We formed our firm frankly because Matt, Chris and I had these passions and interests and we wanted to be able to pursue our interests in addition to practicing law in an environment that is not as constraining as the typical law firm.”
Gustoff said that meant being able to pursue their political interests “without being concerned it would reflect on the law firm” or harm its business interests.
The firm, now named Hagenow & Gustoff after Whitaker's departure in September 2017, tends to draw more conservative clients, he said, sometimes representing politicians and nonprofits engaged in advocacy. Still, Gustoff said the firm has represented clients from various political backgrounds. “We don't turn people away because of their politics,” he added.
“We've formed our firm as a platform that will make a difference, not just a buck,” Gustoff said.
The partners had overlapping interests in “faith, family, country and state,” Gustoff said. “Matt's latest transition from private practice to D.C. is just proof that we've succeeded in creating the business model we set out to create.”
Whitaker has drawn scrutiny over comments in which he offered suggestions on how to limit special counsel Robert Mueller's investigation, including cutting the special counsel's budget. He also wrote a CNN opinion article, ”Mueller's investigation of Trump is going too far,” critiquing the investigation.
Gustoff said he believes Whitaker's public comments on the Mueller investigation were taken out of context, noting Whitaker was pointing out “one possible path” a supervising attorney could take for the investigation. “It's a far cry from charting a course he would take,” Gustoff said.
Asked whether he thinks Whitaker would follow through on limiting the investigation, Gustoff said Whitaker “wants to do the right thing, and he will analyze things based on the facts and make the right decision.” He added he has no personal knowledge of what Whitaker would do.
“Matt's a man of high integrity, with a great analytical mind. He believes in the Constitution, he believes in the country and he believes in the law and justice,” Gustoff said.
Gustoff, referring to public criticism of Whitaker, said he “didn't recognize the guy who they're demonizing.”
'All of a Sudden Attorney General'
No matter his qualifications, attorneys who knew Whitaker repeatedly described his outgoing nature and “people skills.” Gustoff said Whitaker is “the sort of guy who can walk into a room [with a] commanding presence.”
Earlier in his career, Whitaker worked at other firms, including a brief stint at Robins Kaplan and Minnesota firm Briggs & Morgan, according to a profile of his career on professional networking website LinkedIn. He also practiced as an associate at a firm now known as Finley, a 22-attorney office that handles civil litigation and medical malpractice defense, said founder Thomas Finley.
“He had very good people skills that we often don't see,” Finley said. “He was easy to work with.”
“We're pleased for him and we are surprised that someone out of Des Moines, Iowa, is all of a sudden attorney general,” Finley said. “I don't know what the job entails, but if he puts his mind to it, he'll be well-qualified.”
Still, other Iowa attorneys were critical of his litigation experience and qualifications.
F. Montgomery Brown, a solo criminal defense attorney in West Des Moines, has worked with Whitaker on a handful of cases, including when Whitaker was a U.S. attorney and when they represented co-defendants as defense attorneys in private practice. Brown has also socialized with Whitaker when they were on a hockey team together.
Brown represented Iowa state Sen. Matt McCoy, a gay Democrat who was prosecuted by Whitaker for allegedly using his public office to extort money from a local company. The defense accused the prosecution of misconduct for failing to initially inform them that an informant was paid by law enforcement. Ultimately, McCoy was acquitted.
Brown, who described himself as a liberal progressive, said he believes his client's sexual orientation was a factor in Whitaker's prosecution of McCoy. “We felt then and still feel that the charge was baseless,” Brown said. “Given Mr. Whitaker's position on gay and lesbian [matters], his Christian religious views, there was motivation here, beyond just fact, to prosecute Matt McCoy,” Brown said.
In a statement to The Washington Post, a Justice Department spokesman said that McCoy wasn't unfairly targeted. “Whitaker had a responsibility to uphold the rule of law and pursue credible allegations of illegal activity,” the spokesman said.
Brown, McCoy's attorney, said in an interview that Rod Rosenstein, the deputy attorney general, is more qualified than Whitaker to lead Main Justice. “He [Whitaker] wouldn't fall within the upper echelons of trial lawyers with more DOJ experience,” Brown said. “He's a good lawyer and that's his reputation, but he's also a politician.”
Dean Stowers, another Democrat and a criminal defense attorney of Stowers & Sarcone in West Des Moines, also dismissed Whitaker's credentials for the job. Stowers, who had one client prosecuted by Whitaker's U.S. Attorney Office, said he doesn't know Whitaker personally but spoke generally of his reputation in Des Moines.
“The criminal defense community [here] knows who the good lawyers are,” Stowers said, referring to a group of about 10 attorneys as the “usual suspects” for a complex case. “If it goes to an outlier, everybody's eyebrows get raised. He's one of the outliers.”
“He was never regarded as a substantial lawyer in this legal community,” Stowers argued.
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