Monday, March 07, 2005

From the Donkey's mail bag

"Mr. Donkey, what is the deal with all these lawyers changing briefcases?"

Donkey responds:

Well, I am not sure who "all these lawyers" might be, but a Mr. Nathanael M. Cousins has attracted the notice of the Ramboids and I will comment - respectfully - about him.

Apparently, Mr. Cousins became a partner at Kirkland & Ellis, LLC, in 2001. Also, Mr. Cousins telephone number is listed in the Kirkland telephone directory. Kirkland, of course in one of the law firms representing Infineon against Rambus in the matter pending in Judge Payne's courtroom.

This causes the Ramboids to become concerned because there is a Department of Justice employee also named Nathanael M. Cousins. His name appears on the docket of Hynix v Rambus.

This is easily explained. The Kirkland webmaster has simply failed to remove Mr. Cousins from the directory. Mr. Cousins was indeed a partner and has left Kirkland for government service - no strings attached.

However, 28 C.F.R. Section 45.2 (Code of Federal Regulations) seems unambiguous to Any Donkey. Paraphrasing and removing some of the negatives - no employee shall participate in a criminal investigation or prosecution if the employee's participation will create an appearance of a conflict of interest likely to affect the public perception of the integrity of the investigation or prosecution.

It is apparent that Mr. Cousins participation is indeed affecting the public perception of the integrity of the investigation - at least in the minds of some taxpaying Ramboids.

Unfortunately for the Ramboids, this code section pertains to agency management and does not create a right enforceable by private individuals or organizations.

It should be noted that Rambus, at least as far as the public record reveals, has not objected to Mr. Cousins' filing.

You ask, "where does this leave the Ramboids' concerns?"

Comfortably in Judge Whyte's hands.

Rest easy Ramboids, no rocks will remain unturned in Judge Whyte's courtroom.

Again, thank you for asking,

Any Donkey

1 comment:

Robert Logan said...

The site meter for Treowth has recorded hits from the rambus.com, so if Rambus wasn't aware (unlikely) of the possibility of a conflict - they know now.

Lawyers are bound to follow strict rules of ethics. Conflicts are taken very seriously. If a conflict exists, Judge Whyte will address the issue.

The US DOJ ethics legal staff will not provide information to non-agency personnel - please do not bother them.

You may respectfully express your concern by contacting the US DOJ. The website for the DOJ is - http://www.usdoj.gov/contact-us.html.

 
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