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Opposing Counsel About Ted Cruz: 'He Wasn't a Jerk'
Law.com ^ | Jan 28, 2016 | Miriam Rozen

Posted on 01/29/2016 8:29:04 AM PST by ConservingFreedom

U.S. Senator and Republican presidential hopeful Ted Cruz was not such a bad apple, according to appellate lawyers who identify themselves as Democrats and previously opposed him in court.

Indeed, those lawyers don't entirely recognize the abrasive Cruz described in national news accounts by fellow senators, other prominent Republicans and even some former colleagues.

"Cruz was very professional and left a good impression on me. I've told that to two other reporters who asked and then they never ask for details. I think they are looking for salacious stories of co-counsel misbehavior," Nina Perales wrote in an email. Perales is the vice president of litigation for the Mexican American Legal Defense and Educational Fund (MALDEF) in San Antonio, who has represented plaintiffs in redistricting litigation, opposed by Texas officials, represented by then-Texas Solicitor General Cruz.

"He wasn't a jerk to deal with," echoed Gerry Hebert, who also opposed Cruz in redistricting litigation, and spent two and half weeks across from him at trial. "If it wasn't harmful to his case, he would accommodate," said Hebert, who currently serves as the executive director of Campaign Legal Center, and represents Democrats in Texas in redistricting and voting rights cases. "My contact with him showed me he was a formidable opponent. He is good on his feet and he obviously has great intellectually capacity," Hebert said.

But Hebert added: "He was somewhat arrogant. I will say that. He would act like his side was so morally correct. He felt like his side was superior."

A lawyer for whom Cruz served as a mentor, perhaps less surprisingly, expresses outright admiration for the Texas junior senator. James Ho, a partner in the Dallas office of Gibson Dunn & Crutcher, who succeeded Cruz as Texas solicitor general, believes that Cruz "elevated that office in a dramatic fashion and fundamentally changed it into a true leader across the nation." Cruz pursued "every opportunity in any case across the country to try to further his constitutional vision. He became a true role model for constitutional conservatives," Ho said. Although ambitious about his own career, Cruz took time to mentor other lawyers, including many in addition to Ho. "My point is that I benefited enormously from knowing him, but that is a boring story because lots of people have not only gotten to know him but are grateful that they have gotten to know him," Ho said.

For some opposing counsel, Cruz left little to no impression.

"He wasn't famous at the time, I don't remember meeting him," said Randall Kallinen, a Houston lawyer who opposed Cruz in litigation that pitted a self-identified atheist against Harris County, which had a Bible on display. Kallinen, however, does recall that his client, who objected to Bible display on constitutional grounds, won, and Cruz lost.

Chad Wilson Dunn, who opposed Cruz in redistricting litigation and also represents Democrats, said Cruz would not necessarily have been expected to leave a markedly unfavorable impression on his opposing counsel.

"A warrior on the other side of the battlefield isn't going to be in the best position to observe how loyal an opposing warrior is with his own troops," Dunn, a partner in Houston's Brazil & Dunn, said.

A lawyer typically only gains advantages from treating opposing counsel with respect. Behaving badly to them opens the doors for a gratuitously unsavory slugfest in the courtroom. Moreover, opposing counsel's impressions have long shelf lives. Those lawyers are the first one contacted as references during prospective career moves, Dunn said.

Anyone seeking professional references would also likely contact Cruz's former workmates, including Sean Jordan, now a partner in the Austin office of Jackson Walker who served under Cruz for more than five years in the solicitor general's office, including as deputy solicitor general. The pejorative comments that national political reporters are recounting about Cruz serve an agenda and don't paint a full enough picture, Jordan said. "A fair portrait is that there are varying reactions and experiences about how people felt about working for Ted, which is true of every solicitor general. I don't think it's true that nobody liked working with Ted. There were a number of people who liked working with him." Jordan includes himself in that camp. "The work we did was very important. That was his legacy. If people are being fair, he was very strong and effective leader. He was a person who was inspiring to work for. He made the work more enjoyable. He was excited about it."

Jordan, however, also recognizes that Cruz accrued detractors.

"I am confident that he rubbed some people the wrong way. If he thought it was a right policy, Ted is not the kind of guy who is going to back off and go away. Sometimes there were people in the AG's office who he no doubt rubbed the wrong the way. They would be like: 'Who does this guy think he is?'"

One of Cruz's opposing counsel shared an anecdote that would likely generate the who-does-he-think-he-is reaction from most lawyers - opposing or co-counsels.

The lawyer recalls getting a call from a staff member for Cruz shortly after Cruz assumed the role of solicitor general. The staff member asked this lawyer - who asked to remain unidentified - to hold the phone and wait for Cruz to get on. The lawyer did just that for about five minutes, got tired of waiting and hung up. The staff member called back and the same scenario replayed. When the staff member called a third time, Cruz more readily came on the line, but the future senator and presidential contender spent the first few minutes of the conversation chewing out his opposing counsel.

"How dare you hang up on a staff member of the Texas solicitor general?" the lawyer remembers Cruz said scoldingly.


TOPICS: News/Current Events; Politics/Elections
KEYWORDS:

1 posted on 01/29/2016 8:29:04 AM PST by ConservingFreedom
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To: ConservingFreedom
Since the Donald raised the subject ...
2 posted on 01/29/2016 8:29:32 AM PST by ConservingFreedom (Trump fans:'he's no more conservative than Mitt'-www.freerepublic.com/focus/f-bloggers/3389209/posts)
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To: ConservingFreedom
But Hebert added: "He was somewhat arrogant. I will say that. He would act like his side was so morally correct. He felt like his side was superior."

Oh, the horror! He felt like his side was superior, unlike Democrats who are completely humble about assuming that their side has moral superiority.

3 posted on 01/29/2016 8:33:29 AM PST by Maceman
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To: ConservingFreedom
I've always figured the 'everybody hates him' line to be a focus grouped fabrication, a handy mischaracterization made easy due to Cruz's refusing to tow the party line.

As usual, they are taking virtue and beating the virtuous over the head with it.

4 posted on 01/29/2016 8:38:24 AM PST by skeeter
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To: ConservingFreedom
How dare you hang up on a staff member of the Texas solicitor general?" the lawyer remembers Cruz said scoldingly.

I'd hang up in that situation. On the second call, I'd give the staffer my direct number and ask him to have Cruz call me himself when he was ready to talk. Judges can get away with that stuff, lawyers usually can't.

5 posted on 01/29/2016 8:40:33 AM PST by Huntress ("Politicians exploit economic illiteracy." --Walter Williams)
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To: ConservingFreedom

6 posted on 01/29/2016 8:40:41 AM PST by bigbob ("Victorious warriors win first ande then go to war" Sun Tzu.)
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To: ConservingFreedom

Heck of an endorsement.


7 posted on 01/29/2016 8:44:05 AM PST by Cboldt
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To: ConservingFreedom

So Ted is a good lawyer


8 posted on 01/29/2016 8:52:24 AM PST by Nifster (I see puppy dogs in the clouds)
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To: ConservingFreedom

It is the ‘Republicans’ in control now that don’t want Cruz. They cannot control him.


9 posted on 01/29/2016 8:55:59 AM PST by originalbuckeye ("In a time of universal deceit, telling the truth is a revolutionary act." - George Orwell)
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To: ConservingFreedom
Oh, of course he is .......The Donald said so!

Any other questions you serfs need straightening out about - ask The Donald (he's kind of like the Great Carnak, of Johnny Carson's persona) will answer ALL questions serfs need, though they might not be the same answers as last week's or even yesterday's answers, lay no attention.

He'a got the answers, just ask him!

10 posted on 01/29/2016 9:00:49 AM PST by zerosix (Native Sunflower)
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To: originalbuckeye

The GOP & Fox feel now is their moment - with Trump leaving the stage last night they attempted to marginalize Cruz and shove their candidates front and center.

I would really like to see Cruz & Trump call a cease fire and get back to peeing in the party’s punchbowl.


11 posted on 01/29/2016 9:04:13 AM PST by skeeter
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To: ConservingFreedom

"Cruz pursued "every opportunity in any case across the country to try to further his constitutional vision. He became a true role model for constitutional conservatives."

Looking for the opportunity to restore our Constitutional Republic, while Donald Trump was lining the pockets of those who were shredding it.

12 posted on 01/29/2016 9:04:47 AM PST by RasterMaster ("Towering genius disdains a beaten path." - Abraham Lincoln)
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To: skeeter

I am guessing Cruz is out of Trump’s circle of trust. Before I was hoping he’d be Trump’s VP choice.

I liked Cruz before he hooked his wagon to Beck....not so much now, he seems smarmy.


13 posted on 01/29/2016 9:11:19 AM PST by Ms Mable
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To: Maceman

That can be annoying, but you often see that from a lawyer who is a zealous advocate for his client.


14 posted on 01/29/2016 9:18:20 AM PST by Huntress ("Politicians exploit economic illiteracy." --Walter Williams)
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To: Ms Mable

I suppose ones point of view now depends upon who they supported in the first place.


15 posted on 01/29/2016 9:22:17 AM PST by skeeter
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To: zerosix
Any other questions you serfs need straightening out about - ask The Donald

Father knows best.

16 posted on 01/29/2016 9:27:17 AM PST by ConservingFreedom (Trump fans:'he's no more conservative than Mitt'-www.freerepublic.com/focus/f-bloggers/3389209/posts)
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To: ConservingFreedom

You mean just because the leftist media, RINO’s, & Trump said it; it isn’t true!?
Wow! I am so surprised!


17 posted on 01/29/2016 9:29:24 AM PST by vpintheak (Freedom is not equality; and equality is not freedom!)
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To: vpintheak
RINO's, & Trump

I think you repeated yourself.

18 posted on 01/29/2016 9:37:13 AM PST by ConservingFreedom (Trump fans:'he's no more conservative than Mitt'-www.freerepublic.com/focus/f-bloggers/3389209/posts)
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To: ConservingFreedom

“Father” .....that’s too horrible to envision!


19 posted on 01/29/2016 10:07:56 AM PST by zerosix (Native Sunflower)
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