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niyad

(113,315 posts)
Tue Mar 17, 2015, 12:37 PM Mar 2015

What happened in Tom Cotton's law career?

What happened in Tom Cotton's law career?



I was intrigued when I noticed that Cotton joined the Army two-and-a-half years after graduating from Harvard Law. During that time, he had served as a law clerk for a Reagan-appointed Appeals Court judge in the 5th Circuit, then was associated with two different law firms. In two-and-a-half years? Then he joined the Army as a second lieutenant in the Infantry, rather than becoming a JAG as an automatic captain. I haven't seen this discussed anywhere, but I have to wonder whether he was a superstar lawyer who just wanted to fight, or whether he a just a very bad lawyer.

From Wikipedia:

He served as a clerk at the United States Court of Appeals for the Fifth Circuit for Judge Jerry Edwin Smith and then engaged in private practice[12] as an attorney with the law firms Gibson Dunn & Crutcher and Cooper & Kirk,[13] where he concentrated in labor, employment, and constitutional law, in cases at all levels of state and federal courts.[3] [citation needed]

His first job out of law school is the kind of prestigious posting that top young lawyers out of Harvard aspire to: a clerkship at a Federal Appeals Court. The Fifth Circuit is based in New Orleans, but Smith's duty station is Houston. I can't tell how long he clerked, but as I understand it, that is usually a one-year assignment, leaving 18 months for him to practice in two different firms "in cases at all levels of state and federal courts." Citation needed, indeed! New associates usually are involved in cases to the extent of endless hours sorting through mass quantities of documents, proofreading filings, and looking up citations.
Gibson Dunn & Crutcher is a big international firm; the kind of BigLaw place that pays $160,000/year to Ivy League graduates with good judicial clerkships under their belts. The new associates are expected to bust their butts for 5-6 years before the firm decides if they get the Big Prize, a partnership, or they leave and are replaced by a new associate. The firm does a wide variety of work, but apparently does a lot of litigation. I don't know what city he was working in then, but I presume Washington, DC, since his next job was with a DC firm. For unknown reasons, he apparently left GD & C to go to Cooper & Kirk, a small, prestigious DC firm that specializes in litigation. Maybe someone at Cooper & Kirk was impressed by his work at GD & C, and offered him a bunch of money to move. Or maybe he just wasn't happy at GD & C. Or maybe he actually sucked at law but the Old Boy network got him a second shot. He did pass the bar along the way. He is not currently a member of the DC bar, but does have an Arkansas law license, currently inactive.
In any case, his second law firm job didn't last long, since he joined the Army in January 2005 and went to Officer Candidate School to become a second lieutenant. As I understand it, if he was an attorney in good standing, he would have been eligible to be directly commissioned as a captain to be a JAG attorney, but instead, he went into the infantry as the most junior of officers. Maybe he was feeling especially patriotic and wanted to fight. Maybe he hated law that much & wanted to forget it. Maybe he actually did just suck at law, & was told to find another line of work. Maybe he was actually trying to burnish his credentials for electoral politics. No one's saying.

. . . .

http://www.dailykos.com/story/2015/03/15/1371070/-What-happened-in-Tom-Cotton-s-law-career#

37 replies = new reply since forum marked as read
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What happened in Tom Cotton's law career? (Original Post) niyad Mar 2015 OP
Considering his apparent lack of knowledge about the Constitution, I wouldn't hire him as a shyster. hobbit709 Mar 2015 #1
it does make one wonder what is being taught at harvard these days. niyad Mar 2015 #3
Well, the previous president had an MBA from Harvard Retrograde Mar 2015 #7
If you mean W 2naSalit Mar 2015 #17
So is W Retrograde Mar 2015 #20
yale undergrad--mba from harvard niyad Mar 2015 #23
i think cruz is too roguevalley Mar 2015 #30
Sounds like the script from Blue Bloods. CK_John Mar 2015 #2
have never seen it. niyad Mar 2015 #4
Groomed for GOPness Octafish Mar 2015 #5
You should try to understand this guy. There's no crazy like Tom Cotton crazy. Scuba Mar 2015 #6
i won't underestimate him because of his Iran blunder he has a blinding ambition Ichingcarpenter Mar 2015 #8
I have been reading up on him, with great worry and disgust. niyad Mar 2015 #11
Ya know, I tried to go to tomcotton.com... TreasonousBastard Mar 2015 #9
I get that every time I try to use Firefox sunnystarr Mar 2015 #21
Every time? This is the first time I've seen it. TreasonousBastard Mar 2015 #29
Was wondering if there is any suggestion that like W he was a legacy student and if he belonged jwirr Mar 2015 #10
Nope. hifiguy Mar 2015 #12
I asked because I wondered if the interest in him was the old budy system that is part of those jwirr Mar 2015 #14
Oh, yeah, there definitely is. hifiguy Mar 2015 #15
Oh, Lord - it is bad enough that he is a Senator - the last thing we need is him teaching our future jwirr Mar 2015 #16
So then one wonders why this guy scooted through two white shoe law firms... TreasonousBastard Mar 2015 #31
not that I have seen so far, but who knows. someone out there has the information. niyad Mar 2015 #13
Gibson Dunn & Crutcher has strong GOP associations starroute Mar 2015 #18
wow, thank you for this. would you consider making this its own OP so that we can rec niyad Mar 2015 #25
My OPs almost never get noticed starroute Mar 2015 #32
okay, will see what we can do. niyad Mar 2015 #35
Not staying more than 2 years or so in a biglaw firm is not unusual. stevenleser Mar 2015 #19
hoping someone will be able to answer this--don't know how he managed that privileged clerk's niyad Mar 2015 #24
He probably got that just from being a Harvard law graduate. But yes, he really doesnt seem to know stevenleser Mar 2015 #27
I am so glad you did. niyad Mar 2015 #28
Cooper & Kirk, the RNLA, Claremont, and the Heritage Foundation starroute Mar 2015 #33
More on Charles Cooper and the RNLA starroute Mar 2015 #34
This is really interesting. Hope someone steps forward and sheds some light riderinthestorm Mar 2015 #22
K and r cwydro Mar 2015 #26
Maybe he did it because it looks better to be a "combat" veteran alarimer Mar 2015 #36
being carefully groomed to be a conservative heir apparent takes time and planning. niyad Mar 2015 #37

hobbit709

(41,694 posts)
1. Considering his apparent lack of knowledge about the Constitution, I wouldn't hire him as a shyster.
Tue Mar 17, 2015, 12:40 PM
Mar 2015

Retrograde

(10,136 posts)
20. So is W
Tue Mar 17, 2015, 01:42 PM
Mar 2015

His undergrad grades weren't good enough for the U. of Texas, so Harvard took in the grandson of a former senator and son of a Congressman.

Octafish

(55,745 posts)
5. Groomed for GOPness
Tue Mar 17, 2015, 12:44 PM
Mar 2015

Sounds like a meteoric rise for this turd from the Arkansas branch of the BFEE.

Ichingcarpenter

(36,988 posts)
8. i won't underestimate him because of his Iran blunder he has a blinding ambition
Tue Mar 17, 2015, 12:50 PM
Mar 2015

and has built his career/ money support and credentials to run for president in 2020

You need to read up on him he worries me more than Cruz.
I would suggest reading the Atlantic article on him, he's like someone's real Manchurian candidate.

TreasonousBastard

(43,049 posts)
9. Ya know, I tried to go to tomcotton.com...
Tue Mar 17, 2015, 12:53 PM
Mar 2015

to see what he sez about himself and Firefox threw up a ton of warnings about how the site was not secure.

Is it being hacked? Is he an alien plant readying us for the takeover?

Never forget "To Serve Mankind"

sunnystarr

(2,638 posts)
21. I get that every time I try to use Firefox
Tue Mar 17, 2015, 02:07 PM
Mar 2015

I even reinstalled it to no avail. Then I run my antivirus and malwarebytes but my computer is clean. I'd love to know what the issue is since I like being able to use all browsers.

jwirr

(39,215 posts)
10. Was wondering if there is any suggestion that like W he was a legacy student and if he belonged
Tue Mar 17, 2015, 12:54 PM
Mar 2015

to a frat. That would go a long way in explaining why these law firms were interested in him at least for a little while.

 

hifiguy

(33,688 posts)
12. Nope.
Tue Mar 17, 2015, 01:07 PM
Mar 2015

That's the power of a federal clerkship, especially at the Court of Appeals level. Nothing more. You can punch your own ticket more or less anywhere if you get a clerkship like that.

The very short stays at a couple of top-shelf firms are very odd, though.

Amazing how this klown could spend all that time at Harvard and not learn a goddam thing. I met some assholes at HLS, but never anyone stupid or even close to it.

jwirr

(39,215 posts)
14. I asked because I wondered if the interest in him was the old budy system that is part of those
Tue Mar 17, 2015, 01:09 PM
Mar 2015

groups.

 

hifiguy

(33,688 posts)
15. Oh, yeah, there definitely is.
Tue Mar 17, 2015, 01:15 PM
Mar 2015

But a C of A clerkship is extremely precious coin that has no peer when looking for a legal job. Only thing better is a SCOTUS clerkship. Both are also a way to fast-track into legal academia.

jwirr

(39,215 posts)
16. Oh, Lord - it is bad enough that he is a Senator - the last thing we need is him teaching our future
Tue Mar 17, 2015, 01:26 PM
Mar 2015

lawyers.

TreasonousBastard

(43,049 posts)
31. So then one wonders why this guy scooted through two white shoe law firms...
Tue Mar 17, 2015, 10:38 PM
Mar 2015

and gave it all up to be an infantry platoon leader.

Did he have an awakening that the law wasn't for him, or did the law realize that he was too much of an arrogant asshole for even the law?

starroute

(12,977 posts)
18. Gibson Dunn & Crutcher has strong GOP associations
Tue Mar 17, 2015, 01:39 PM
Mar 2015

I checked my files on them when they were representing Christie in the George Washington Bridge scandal and questions were raised about a possible conflict of interest.

Beyond that, however, what Cotton's series of jobs suggests to me is that he may have been being groomed right out of law school for a leading role in right-wing politics. In that case, the jumps from clerking to one law firm to another and then to the infantry would have been a carefully arranged agenda to position him to become what he is now -- the youngest member of the Senate at the age of 37 and a rising GOP star.

This is not a conspiracy theory. It's simply what the right does. They have the funds and the high-level connections to advance their own people at an age when young liberals are still struggling to earn a living and repay their student loans. You can see it in the case of James O'Keefe and his pals, who were alumni of the network of well-funded right-wing campus newspapers and were then subsidized in making their smear videos against the left.


http://en.wikipedia.org/wiki/Gibson,_Dunn_%26_Crutcher

The firm's best-known attorneys and alumni include former United States Solicitors General Theodore Olson and Ken Starr, Eugene Scalia, and Miguel Estrada. . . .

The firm is representing Chevron in its long-running, $27 billion environmental dispute in Ecuador. ... The firm is defending Wal-Mart Stores, Inc. in the landmark $11 billion employment discrimination class action Dukes v. Wal-Mart Stores, Inc. ... The firm is representing the Dole Food Company in a multi-billion dollar toxic tort suit in Nicaragua involving allegations of farmworker sterility stemming from Dole's use of certain pesticides. ... Current partner Theodore Olson served as lead counsel for George W. Bush in Bush v. Gore, which secured Bush's election as President of the United States.

niyad

(113,315 posts)
25. wow, thank you for this. would you consider making this its own OP so that we can rec
Tue Mar 17, 2015, 09:33 PM
Mar 2015

it, and for greater visibility? think this information is important.

starroute

(12,977 posts)
32. My OPs almost never get noticed
Tue Mar 17, 2015, 10:47 PM
Mar 2015

Maybe someone with greater visibility can compile the information from this thread in general and start a new one.

 

stevenleser

(32,886 posts)
19. Not staying more than 2 years or so in a biglaw firm is not unusual.
Tue Mar 17, 2015, 01:40 PM
Mar 2015

Many new associates find big law is not for them (long hours, as in 85-100 hours easy per week and boring work, doc review mostly), but they want to stay long enough for that big salary to pay their student loans and set themselves up with a purchased house or apartment (at least a big portion of it).

They then get a job as in house corporate counsel for some corporation and have a regular 9-5 schedule or open their own firm.

What's a little more unusual is going from big law into a non legal career and position, but that happens too.

The time to look into is his time at the smaller firm. Chances are he was doing more regular lawyer work there and not just doc review. Either he was terrible at being a lawyer or decided he hated it or both.

niyad

(113,315 posts)
24. hoping someone will be able to answer this--don't know how he managed that privileged clerk's
Tue Mar 17, 2015, 09:32 PM
Mar 2015

position, since he has shown in his legislative career that he has NO understanding of the constitution.

 

stevenleser

(32,886 posts)
27. He probably got that just from being a Harvard law graduate. But yes, he really doesnt seem to know
Tue Mar 17, 2015, 10:15 PM
Mar 2015

what he is talking about Constitutionally. He doesnt seem to know much about anything quite frankly.

I mentioned all of this in a tongue and cheek section on my show tonight.

starroute

(12,977 posts)
33. Cooper & Kirk, the RNLA, Claremont, and the Heritage Foundation
Tue Mar 17, 2015, 11:15 PM
Mar 2015

I don't find much on Cooper & Kirk in my files -- but one thing that turns up is that the firm's Charles Cooper donated $1000 to the Republican National Lawyers Association on February 23, 2004. That's the group whose name comes up repeatedly in connection with GOP voter suppression tactics, and at some point around then Karl Rove addressed them to tell them what a good job they were doing.

Cotton got his law degree in June 2002 and joined the Army in January 2005 -- so this donation would have been either while he was at Cooper & Kirk or around the time he joined them. Either way, it seems quite possible that he was involved with the RNLA then.

In fact, I find some photos of him addressing an RNLA luncheon a year ago: https://www.facebook.com/media/set/?set=a.10153851017650618.1073741845.58343725617&type=3. And there's a mention of the event at http://www.rnla.org/Newsletter/ViewArticle.asp?ArticleID=436 which seems to be saying he was an RNLA member.

Another interesting point is that between graduating from Harvard College and starting at Harvard Law School, Cotton had a fellowship at the Claremont Institute and attended Claremont Graduate University.

Claremont is a well-known old-line conservative bastion. It has multiple ties to the Heritage Foundation. Howard Ahmanson -- the wealthy Dominionist funder -- was on their board of directors. And so forth.

And here I find something saying, "Representative Tom Cotton (R-AR) interned at Townhall.com, which was then a Heritage project, in 1997 while an undergraduate at Harvard. Inspired by Heritage, he spent a year at the Claremont Graduate School, before going to law school and joining the military after 9/11."
http://dailysignal.com/2013/01/28/why-you-want-to-be-a-heritage-intern-summer-internships/

So it's really starting to add up that Cotton was part of the Heritage nexus as early as his undergraduate years and has been steadily moved up the chain of command ever since.

starroute

(12,977 posts)
34. More on Charles Cooper and the RNLA
Tue Mar 17, 2015, 11:28 PM
Mar 2015

I don't have time to dig into this as deeply right now as it deserves, but here are some tidbits. It's significant that Cooper is a Southerner, a traditionalist, and someone with roots in the Reagan administration -- since that fits the profile of the Heritage/Claremont nexus in general. It's also interesting that he was defending Prop. 8, which was Howard Ahmanson's baby. (See http://www.thedailybeast.com/articles/2008/11/03/the-man-behind-proposition-8.html)

And I should emphasize again that the important thing about these specific people and groups is not that they're conservative but that they have a history of developing long-term agendas to take power and grooming young conservatives to carry them out.


http://www.rnla.org/Newsletter/ViewArticle.asp?ArticleID=412

On February 7th, 2012, Charles Cooper, the Vice-Chair of the RNLA, spoke before the House Committee on Education and the Workforce regarding the recent recess appointments made by President Obama. At the hearing, Mr. Cooper explained that the President’s actions were an unprecedented attack on our country’s cherished system of checks and balances, and that the President exceeded his constitutional authority in making the appointments.

Charles Cooper, who currently works as a partner at the law firm of Cooper & Kirk, PLLC, has been a student of the constitution throughout his esteemed career. He served as Assistant Attorney General of the Office of Legal Counsel to the Department of Justice under President Reagan, and he subsequently was involved in several benchmark Supreme Court and Federal Court involving the constitutional separation of powers.


http://www.wsj.com/articles/SB10001424127887323466204578382792759517454

The face of the argument against gay marriage in the Supreme Court on Tuesday will be a lawyer with a genteel Southern tone and a record of championing conservative causes, including preserving gun rights and limiting affirmative action and gay rights.

Charles J. Cooper will defend Proposition 8, the gay-marriage ban California voters passed in 2008. He is less well known than his opponent, Ted Olson, a fellow conservative who shocked both sides when he challenged Proposition 8 in 2009 on behalf of two same-sex couples, saying it violated the Constitution.

Mr. Cooper's low profile is partly by design, say people who have worked with the 61-year-old Alabama native, known as Chuck. He has avoided discussing this case in the media, and his argument is rooted in deeply conservative views of both the justice system and the historical definition of marriage, they say. Keeping with his practice since the case began, Mr. Cooper declined an interview with The Wall Street Journal. . . .

"Chuck is a traditionalist," said Kenneth Starr, who was independent counsel during the administration of Bill Clinton and is now president of Baylor University. Mr. Starr has been a friend of Mr. Cooper's since they worked together in the Ronald Reagan administration.

 

riderinthestorm

(23,272 posts)
22. This is really interesting. Hope someone steps forward and sheds some light
Tue Mar 17, 2015, 05:53 PM
Mar 2015

A big powerful nasty light!



alarimer

(16,245 posts)
36. Maybe he did it because it looks better to be a "combat" veteran
Wed Mar 18, 2015, 11:31 AM
Mar 2015

When you run for office. I think his path has been all about the votes.

It is easier to get elected if you are or have been a lawyer. Being a veteran is also a plus.

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