Thursday, May 12, 2022

National Law Journal Commentary on Prosecuting Defense Counsel

I highly recommend an article that just appeared in the National Law Journal entitled Prosecuting Defense Counsel by Geremy Kamens, Rebecca LeGrand and my Georgetown colleague Abbe Smith.

The article justifiable decries the federal prosecution of defense attorney Joshua Treem and investigator Sean Gordon (represented by Ms. LeGrand). The article notes that Mr. Treem, who was acquitted of the charges, is a highly-esteemed former federal prosecutor and longtime defense counsel with a sterling reputation for integrity and professionalism.

In the interest of full disclosure. Josh and I have been friends since about 1975. 

I was a freshly-minted assistant federal public defender (the fourth person hired for the just-created Maryland office) and had moved to Columbia MD. For the next few years until I left for private practice in DC, I carpooled with three AUSAs Josh, Gerry Martin, and the late Joe Fairbanks.

Our free parking spots were up against the warehouse that is now part of Camden Yards.

Oh the stories but...

Nothing is more sacred than the carpool privilege.

As a former bar prosecutor, I am fully aware of the power that comes with the privilege of the ability to institute charges.

I agree with the authors that the prosecution of Messrs. Treem and Gordon is an object lesson in abuse of that power. (Mike Frisch)

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