Justice Dept. Insists on Removal of Professor's Name From Brief (Tribe punished by Holder?)

New York Law Journal ^ | February 16, 2011 | Tony Mauro

[Behind Liberal Lines]

WASHINGTON - Harvard Law School professor Laurence Tribe's name was yanked from an amicus curiae brief in a major U.S. Supreme Court climate change case earlier this month after the Justice Department told him his recent service in the department made it improper for him to be on the brief.

The department invoked 18 U.S.C. 207(c)(1), prohibiting former senior employees from communicating with their former departments when those communications are "knowingly made with the intent to influence the department in connection with any matter on which such person seeks official action by any officer or employee of such department."

Mr. Tribe served until last December as a senior counselor to the Justice Department.

A liberal icon, Mr. Tribe nonetheless came down in the brief on the side of the energy industry, espousing the view that issues like climate change are "textually committed" to the political branches and are ill-suited for resolution by courts.

before he left the department in December, Mr. Tribe had "solicited and obtained guidance on the work he could do," which led him to believe he could sign the brief because it seeks to influence the Court, not the [government].

[kbennkc]

Similarly Tribe has suggested gun control advocates dump their stupid argument that the Second Amendment was put in the Bill of Rights to protect the government’s ability to have arms.

[Regulator]

What’s going on, Larry having a late life conversion? Trying to go straight?

[ratsreek]

I’ve watched Tribe for years. He will not tolerate being pushed out of the picture. To the contrary, he will dig in his heels and make sure his name is invbolved and that there is no doubt what his position is.

[MadMax, the Grinning Reaper]

COuld this be the story for a new book, “Ego and SuperEgo” (i.e. Tribe versus Holder)?

I’ll buy it as a “remainder”.