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Justice Lawyer Plays Underdog In Bar Race

By James V. Grimaldi
Washington Post Staff Writer
Monday, June 2, 2003; Page E01

The race for president of the D.C. Bar has turned into a David and Goliath battle, if you believe supporters of candidate John Cruden. That would seem odd, given that Cruden works for one of the biggest legal Goliaths of them all, the U.S. Justice Department.

Cruden supporters claim he is the underdog who faces a well-funded rival from a fancy-pants downtown law firm, Hogan & Hartson, that is bankrolling his candidacy with full-color campaign literature mailed to 40,000 Bar members.

But Cruden's opponent, Hogan attorney John C. Keeney Jr., and his backers dismiss such talk as sourness over Cruden's failure to win as many endorsements as Keeney.

In any event, the Bar election, which is under way online and via mail through June 11, is getting interesting.

Cruden, 57, is a deputy assistant attorney general in the Environment and Natural Resources Division and Keeney, 51, is a litigator at Hogan. While Keeney; who is known as Jack, probably better fits the mold of a traditional president of the D.C. Bar, Cruden would become only the second government lawyer elected to serve in that position. The first, Charles R. Work, never served as D.C. Bar president while he was a government lawyer because he left the U.S. attorney's office in the District for a firm before he was sworn in. He is a partner at McDermott, Will & Emery.

"Glossy brochures have been sent in support of Mr. Keeney's candidacy, while John's campaign has had to rely on word of mouth, e-mail and a postcard campaign funded by voluntary donations from the campaign committee," said Steven P. Solow, a former Justice Department lawyer now at Hunton & Williams LLP, and manager of Cruden's campaign.

Keeney acknowledged getting support for his campaign from his law firm. Hogan marketing specialists prepared his brochure, which resembles a congressional campaign flier, complete with a photo of his wife and daughters. The firm helped with the mailing. Keeney doesn't know how much it cost.

Cruden, meanwhile, spent $150 to have a company send an e-mail to 40,000 Bar members, and Solow said that ethical considerations have limited campaigning for votes, particularly for lawyers who work in his division.

Keeney said money is not the issue. Endorsements are.

"I think it is ridiculous to say this election is about resources," Keeney said. "This election is about support in the Bar. There's a reason why 20 past Bar presidents have endorsed me. There is reason why a majority of the current Bar board of governors have endorsed me. It is about who is best qualified to lead this Bar."

Keeney also has support in Cruden's home territory at the Justice Department. That's where his father, John C. Keeney Sr., has been employed for more than half a century. He is a career deputy assistant attorney general in the criminal division.

Solow said that Cruden has a lot of endorsements, too. But the problem is that Keeney has more means to mount a campaign. "These are both great guys," Solow said. "That's not the issue. The issue is how can a guy operating under the constraints that John Cruden is operating under compete fairly?"

J. Warren Gorrell Jr., managing partner at Hogan, said the firm hasn't crossed any boundaries by supporting Keeney. And he notes that the brochure actually is not on slick paper. Referring to the brochure, Gorrell said: "It is hard to say this is over the top. It is not even glossy!"

The Turner Tales

C. Tab Turner, the Little Rock trial lawyer under federal investigation for possible violations of campaign finance rules, could be on the silver screen soon.

The story of Turner's battles with Ford Motor Co. and Bridgestone/Firestone over the sport-utility vehicle rollover crashes have been purchased by actor Michael Douglas's production company Further Films, Daily Variety reported last month.

Turner got a lot of media coverage when the Firestone tire recall occurred, and he has gotten even more lately after The Post reported that one of his employees said she would be reimbursed for a contribution to Sen. John Edwards's (D-N.C.) presidential campaign. So-called conduit contributions are illegal under campaign finance law.

Hearsay asked Turner whether he expected Douglas to take on the demeanor of the corporate-greedmeister from "Wall Street," or the love-em-and-leave-em adulterer from "Fatal Attraction" or the crazed CIA agent in the remake "The In-Laws."

Says Turner in an e-mail: "Probably the young dumb Michael Douglas [as Tab Turner] from 'Streets of San Francisco'!"

Mode Heads to Citigroup

Friday was the last day for Paul J. Mode Jr. at Wilmer, Cutler & Pickering.

A litigation partner at Wilmer since 1975, Mode is going to Citigroup to be special counsel to coordinate a thicket of scandal litigation related to Citigroup's role in the Enron and WorldCom imbroglios, lawsuits over analyst Jack Grubman's research and the bank's role in various initial public offerings.

The seasoned litigator, who once defeated superlawyer David Boies over a contract dispute about the Washington Redskins after Jack Kent Cooke died, realizes he is taking on a major-league task with the embattled Citigroup.

"There are some things that only a crazy person will do, and if you are such a person, you have an obligation to do them," Mode said.

Mode, who is known as P.J., was chairman of Wilmer for nearly nine years in the late 1980s and early 1990s. "Today was my last day in the office," Mode said Friday night, "and it was extremely difficult."

Hearsay campaigns every other week in Washington Business. Cast e-ballots at hearsay@washpost.com.

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