Peter Nickles’ former law firm represented several citizens who were illegally swept up in a mass police crackdown, and attorneys for other purported victims of the sweep are raising the question of whether the city’s attorney general is compromised by a conflict of interest.
Nickles was a giant in pro bono work at Covington & Burling before joining Mayor Adrian Fenty’s cabinet. Since taking over as attorney general, he has fought tooth-and-nail against lawsuits from other ordinary citizens arrested in Pershing Park when the D.C. police cracked down on anti-World Bank protesters in 2002.
In a letter sent to Nickles’ city staff and included in court filings, lawyers for four of those purported victims are asking questions about whether Nickles was involved in the previous litigation.
“If he had any involvement, it should be disclosed,” Bryan, Cave LLP partner Daniel Schwartz told The Examiner. “It would clearly color his judgment on behalf of the District of Columbia.”
Nickles dismissed the concerns of his opposing counsel. He said he had nothing to do with Covington’s litigation.
“I would hope that Bryan, Cave would be a little more responsible,” he said.
The letter ups the ante in an already contentious litigation. Nickles is being pressed on all sides after it emerged that crucial evidence of the case disappeared after it was handed over to D.C. police department lawyers. U.S. District Judge Emmet Sullivan has called for an independent investigation into the disappearance.
Two council members have called for Nickles’ resignation in the wake of the growing evidence scandal. Nickles has turned to retired Judge Stanley Sporkin to probe the matter internally, but Bryan, Cave’s Aug. 18 letter also raises the question of whether Sporkin himself is compromised.
“Mr. Nickles made this appointment without conferring with plaintiffs’ counsel on his background or alternative choices,” the letter states. The public is entitled to know “what personal social or other business relationship that Judge Sporkin has with attorneys in the office of the attorney general.”
