Senate Republicans are currently holding up (though not intending to filibuster) the nominee for deputy attorney general, David Ogden, apparently because some of his clients in private practice are involved in the pornography industry.
Funny that, as when President Bush nominated Michael Mukasey to be attorney general, he named a porn case as one of the 10 most important he litigated during his career.
As I wrote in a Daily Journal story on October 17, 2007:
Attorney general nominee Michael B. Mukasey recently picked an obscenity case as one of the 10 most important he litigated during his long and distinguished career.
What social conservatives won’t be pleased to know, as they continue to complain that the Bush administration fails to pursue enough of these cases, is that Mukasey wasn’t the prosecutor.
Instead, the nominee, whose confirmation hearing before the Senate starts today, was lead counsel for the defendant, Carlin Communications Inc., a company that specialized in “dial-a-porn” services.
Mukasey won the case, successfully arguing 22 years ago in a Utah federal court that the Reagan administration’s Justice Department failed to establish that his client committed a crime. Mukasey’s victory was upheld on appeal. U.S. v. Carlin Communications Inc., 815 F.2d 1367 (10th Cir. 1987).
At the time, this didn’t seem to arouse any anger on the Republican side.