Bench Memos

NRO’s home for judicial news and analysis.

Re: Deputy Attorney General Nominee David W. Ogden


One reader objects that the Fidelis memo largely faults Ogden for positions that he has taken in private practice representing clients, and I suspect that many other readers would make the same objection.  I do think that we need to be respectful of the range of arguments that an attorney must properly make on behalf of a client.  But the prior question here is how it is that Ogden has such a stable of hard-Left clients.   

My experience and impression are that a lawyer in private practice has broad freedom to represent, or not to represent, particular “ideological” clients.  I don’t buy into the prevailing ethos among lawyers that the practice of law is a moral-free zone.  So I think it’s fair to hold Ogden accountable for the hard-Left ideological cast of many of the clients and causes he has chosen to represent—and all the more so insofar as the representation has been unpaid or discounted.

Tags: Whelan


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