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May 14, 2008

Two notable (and very different) departures for top lawyers

This afternoon brings these two notable (and very different) lawyer departure stories:

Though both stories are big news for a host of reasons, I think there are significant sentencing angles worth considering.  How the SG's office approaches federal sentencing law for the rest of 2008 could have a significant impact on the work of the Supreme Court and lower circuit courts in a still-uncertain post-Gall universe.  And how a new Ohio AG approaches state capital punishment issues could have a significant impact on national death penalty debates (in a swing state that will surely gets lots of attention from the fall).

Though I doubt few others will obsess about the impact of these distinct departures on sentencing issues, SL&P readers are urged to make all sorts of wild predictions (and suggest replacements) in the comments.

May 14, 2008 at 05:15 PM | Permalink


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Here's a wild prediction: they'll switch places.

Ohio desperately needs someone with lots of integrity and professional competence, so they'll roll out the red carpet and tell Clement to name his price.

Obama will become president and, consistent with his pledge to appoint people who are sympathetic to more "average"/"downtrodden" Americans, he'll want to appoint a philandering criminal with a law degree as Solicitor General. Though perhaps Spitzer will also be considered.

Posted by: | May 14, 2008 7:03:43 PM

I doubt anyone will come in for Clement as an official nominee. Somebody already in the office will probably just serve as an acting-SG until Obama appoints somebody next January/February.

Posted by: anon | May 15, 2008 9:50:31 AM

I doubt much will change in the Ohio AG's office - the front-runners are all Strickland people that hold similar views on the DP as Dann (people like Lt. Gov. Lee Fisher & Eric Fingerhut). Bill Mason would be an intriguing selection (current Cuyahoga County Prosecutor). He could jump-start the setting of execution dates.

Posted by: NewFedClerk | May 15, 2008 10:05:00 AM

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