Letters

Letters I write to protest the suggestion in Mr. Jenkins’ January article, “the Revolvinghor Between Government and the Law Firms,” that Nicholas Katzenbach may be acting unethically in...

...The text of the study contains no such statements, and Mr...
...Katzenbach, The Washington Monthly should publish a retraction quoting the other pertinent portions of the January 1969 memorandum and withdrawing the inference and innuendo raised by the article...
...After quoting an extract from a Department of Justice memorandum confirming that while Attorney General from 1964 to 1967, Mr.Katzenbach had had no “direct decisionmaking involvement” in the case, the article suggests that without “direct decisionmaking” Mr...
...In fact, prior to editing by the Monthly, my article actually quoted the Center’s statement verbatim, and attributed it to the Center...
...I am enclosing copies of the full text of the January 22, 1969 Department of Justice memorandum quoted from in Mr...
...Meeker confrrms to me that he intended no such meaning...
...Katzenbach left the Department...
...Meeker has informed us that he has never seen the full text of the January 22, 1969 memorandum and the Zimmerman letter, and we presume that Mr...
...I believe that it does...
...I think you will agree after reading the full text of the January 1969 memorandum that the quoted phrase was one of several used in the memorandum and that the memorandum, taken as a whole, confirms that according to the Department’s fdes and the recollections of the Department lawyers most directly involved, Mr...
...Jenkins apparently based his article, as well as the New York Times clipping on which Leonard Meeker, the author of the Center’s study, based his memorandum...
...Katzenbach might have had such knowledge or participation unjustifiably create the inference and innuendo that this may well have been the case...
...Katzenbach) and an extract from the memorandum prepared by the Center for Law and Social Policy, on which Mr...
...My article should not be construed as raising, either explicitly or implicitly, any question as to Mr...
...It was condensed by the Monthly’s editors into the passage that ultimately was published...
...Katzenbach had no connection of any kind with the Department’s investigation of the computer industry or IBM...
...Accordingly, the questions raised in the article about whether Mr...
...Katzenbach still “could have” participated in the deliberations that led to the eventual filing of the case in 1969, two years after Mr...
...I also believe that the phrase “comfort letter” in the article is inappropriate and that there is no basis for attributing either that phrase or the idea that the letter was “unusual” to the Center’s study...
...Jenkins’ article in the January issue (together with a copy of Edwin Zimmerman’s letter of transmittal forwarding the memorandum to Mr...
...In summarizing pertinent portions of the Center’s report, I intended only to demonstrate, as the Center had done, the questions that can arise when a federal lawyer leaves the government and enters the practice of law in the private sector...
...LLOYD N. CUTLER Washington D.C...
...Jenkins’ January article, “the Revolvinghor Between Government and the Law Firms,” that Nicholas Katzenbach may be acting unethically in directing IBMs defense against the Government’s antitrust suit...
...Cutler apparently objects merely summarized that statement...
...Under the circumstances, I believe that in fairness, particularly since no effort was made to check with Mr...
...Katzenbach’s professional integrity...
...John Jenkins replies: At issue here’ is whether my article accurately summarizes those portions of the report of the Center for Law and Social Policy that pertain to Mr...
...In its report, the Center stated: “Without having ‘any direct decisionmaking involvement’ at Justice in regard to the IBM antitrust investigation, Katzenbach could have been advised of it and could have acquiesced in it, could have discussed or rendered advice on the case, or could have been otherwise involved with it short of ‘direct decision-making.’ ” The passage to which Mr...
...Jenkins never has either, although both are a matter of public record...

Vol. 9 • May 1977 • No. 3


 
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