Legal News

Judge Cormac Carney: The Left Coast?s Jed Rakoff?

By Nathan Koppel

Until he started dismissing defendants left and right in the Broadcom case, including the company’s co-founder Henry Nicholas, we admit we didn't know a whole lot about federal judge Cormac Carney of Orange County, Calif. Except, that is, that the judge was a former All Pac-10 wide receiver at UCLA before matriculating to Harvard Law.

Suddenly, though, Carney has emerged as a left coast Jed Rakoff, the New York judge known for speaking his mind, including his recent tongue-lashing of the SEC and his refusal to sign off on the agency's settlement with Bank of America over its alleged failure to come clean about bonuses paid to Merrill Lynch employees after the two banks merged.

Carney, as you know, yesterday dismissed backdating-related charges against Nicholas and William Ruehle, the former CFO of the tech company. The judge also discouraged prosecutors from moving forward with separate drug-related charges against Nicholas. The judge was incensed that the government allegedly pressured witnesses in the case to testify in a manner favorable to the government.

Until we got a copy of the hearing transcript, though, we didn't realize quite how full-throated Carney could be. Here are a few snippets from the judge, followed by some rhetorical soufflés whipped up by the high-powered lawyers in attendance.

Carney:

To submit this case to the jury would make a mockery of Mr. Ruehle's Constitutional right . . .to a fair trial;

The lead prosecutor somehow forgot that truth is never negotiable;

The government embarked on a campaign of intimidation and other misconduct to embarrass [Henry Samueli, Broadcom's co-founder and witness in the case] and bring him down . . . The government's treatment of Dr. Samueli was shameful and contrary to American values of decency;

I'm sure there are going to be many people who are going to be critical of my decision in this case and argue that I'm being too hard on the government. I strongly disagree . . . You only have three witnesses to prove your innocence and the government has intimidated and improperly influenced each one of them. Is that fair? Is that Justice? I say absolutely not.

Skadden’s Richard Marmaro, counsel to Ruehle:

34 years ago today, to the day, December 15, 1975, I passed the bar. What happened in this court was very difficult to watch, but what happened today restores my faith and I can honestly say I have never been more proud to be a lawyer.

Williams & Connolly’s Brendan Sullivan, counsel to Henry Nicholas:

The message delivered by this court today has been heard throughout the country by all who enforce the law, and we are all better off . . .for the courage demonstrated in this court.

McDermott Will’s Gordon Greenberg, counsel to Henry Samueli:

I'm in a dangerous position, a lawyer who is breathless. . . This truly is a turning point, I believe, that will be heard throughout the country.

Photo: UCLA Magazine

Full post as published by Law Blog - WSJ.com on December 16, 2009 (boomark / email).