After that video aired on television last week, Ed Morrissey at Hot Air began an email exchange with Fenstermaker which has been fascinating, sort of like watching a train wreck. Basically, Fenstermaker claims to represent two of the detainees, but say…

The guys who captured the mastermind behind this: Are about to be court martialed for maybe giving that guy a fat lip. This would be the same incident in which Americans were murdered in Fallujah over which Markos “Kos” Moulitsas……

But, you’re wrong and I’m right. He is not low rent and he is a well qualified attorney. Yesterday, I referred to him as a terrorist ambulance chaser in that he has insinuated himself into the defense of these detainees and was not appointed by the court. He’s certainly not doing it for the money and I wouldn’t call him a publicity hound.

Blake on November 24, 2009 at 2:36 PM

Which is basically what I said. So we’re reduced to arguing about the phrase “low rent”? He has a Harvard degree, but then again so does B.H.O., so call me unimpressed with his qualifications. His specialty is tax litigation. And since you object to “publicity hound”, would you prefer “self-promoting shyster”? I feel confident that I can use the word “shyster” since Geraldo Rivera used it the other day to say, “Guantanamo Bay was a shyster’s trick to evade the United States”. Tit for tat and all that.

Fenstermaker isn’t that guy.

DrW on November 24, 2009 at 2:51 PM

Not even close. He’s clearly one of those liberals who think America is a bigger problem than the terrorists out to kill us. That or he has aspirations of becoming a media whore.

Fenstermaker isn’t that guy.

And no, he is not a low rent ambulance chaser.
Blake on November 24, 2009 at 1:41 PM

I guess we have different ideas of what an ambulance chaser is.

Buy Danish on November 24, 2009 at 2:06 PM

But, you’re wrong and I’m right. He is not low rent and he is a well qualified attorney. Yesterday, I referred to him as a terrorist ambulance chaser in that he has insinuated himself into the defense of these detainees and was not appointed by the court. He’s certainly not doing it for the money and I wouldn’t call him a publicity hound.

I would suggest it depends on the type of law involved. You aren’t going to hire a lawyer working out of his dining room to represent you against Bernie Madoff or Enron. Conversely, you don’t need a fancy law firm to handle your divorce or will (unless you are Donald Trump).

I suspect that most of his clients are either in jail or prison. He goes to them – they don’t come to him.

That being said, ambulance chasing is a state of mind. There are many many high rent ambulance chasers out there and this guy is one of them. I’m just curious who is paying his bills or if he is doing it on spec with the hopes of landing a book deal or getting to be the next Jacoby & Meyers or Johnny Cochran law firm.

highhopes on November 24, 2009 at 1:54 PM

He is an ambulance chaser in that he has gone after these detainees – he’s not an ambulance chaser in that he is an hack. He certainly has the academic credentials.

He was pro bono. I assume now the court will appoint him and he will get paid. But his access to gitmo was limited and I’m not sure he has ever traveled down there. His work was in filing a couple of briefs.

And no, he is not a low rent ambulance chaser.
Blake on November 24, 2009 at 1:41 PM

I guess we have different ideas of what an ambulance chaser is.

Fenstermaker teams up with Covington partner to defend Al-Ghailani
rockmom on November 24, 2009 at 1:19 PM

There were a lot of questions as to how he got hired by Ghalani. A HuffPo story that just hit the blogosphere advances my characterization of him as an ambulance chaser (or “publicity hound”, if you prefer):

The New York City defense lawyer has long been a particularly zealous critic of the Bush administration — and now Obama White House’s — policies on suspected terrorist detention and trial. His protests have usually been in the form of legal activism. In 2005, Fenstermaker filed lawsuit in the Southern District of New York challenging the legality of the use of military commissions to try detainees held at Guantanamo Bay. It was ultimately dismissed. But “through this lawsuit,” he said, “detainees found out about me and were appreciative.”

But for all the vigor he brought to the cause, Fenstermaker faced practical limitations. In 2007, a federal judge in Manhattan dismissed a petition he filed on behalf of a group of detainees on grounds that he had not spoken with the suspects and wasn’t “truly dedicated” to their interests. Fenstermaker appealed the ruling.

It then goes into the details Ed focused on, and then gives more info about his relationship with the detainees (or lack thereof).

Update: Lest one consider Col. David some sort of government shill, read his testimony from 2007 on the Boumediene decision.

Not to be picky Ed, but his testimony was in 2008. Just an FYI.

Fenstermaker accused the school district ”of having created a situation ‘rife with bribes and kickbacks;’ that he was certain that respondents had already altered or destroyed certain of the requested records… It deemed the matter frivolous, and the court not only awarded statutory costs to the school district but also ordered Fenstermaker to pay costs “for the actual expenses reasonably incurred and reasonable attorney’s fees incurred in defending this proceeding.”

When you sue somebody for pain and suffering because he didn’t water his ferns often enough, that is frivolous.

But when you make insane allegations like this with no offer of proof, that is scurrilous.

Sounds like this guy’s been barely holding onto his license. I guess the Jihaddists are scraping the bottom of the barrel in defense attorneys. And that is saying an awful lot.

And those of you who think the only good attys are those who work in large firms in gazillion dollar offices that over charge people are full of it.

Blake on November 24, 2009 at 1:41 PM

I would suggest it depends on the type of law involved. You aren’t going to hire a lawyer working out of his dining room to represent you against Bernie Madoff or Enron. Conversely, you don’t need a fancy law firm to handle your divorce or will (unless you are Donald Trump).

That being said, ambulance chasing is a state of mind. There are many many high rent ambulance chasers out there and this guy is one of them. I’m just curious who is paying his bills or if he is doing it on spec with the hopes of landing a book deal or getting to be the next Jacoby & Meyers or Johnny Cochran law firm.

Thank you, Col. David, for having the guts to fire a bad guy. All the people who promoted Nidal Hasan ought to take note of what a real man does for his country.

PattyJ on November 24, 2009 at 1:49 PM

He didn’t fire him. He was suspended for about 6 months. Frankly, he should have never been allowed access at all because one, his security check was not completed, two his services were not needed, and three, he had not been appointed on any of the cases.

Will be interesting to see what law firm this sheister works for.

yoda on November 24, 2009 at 1:43 PM

He and his wife are in private practice together. They work for themselves.

Great scoop Ed.

Too bad you aren’t a trained “journalist”. If you were, we would have the explanation for why this isn’t a problem in any way.

notagool on November 24, 2009 at 1:44 PM

Not to burst anyone’s bubble, but all this information was in the NYT article from June 2009. Publishing a copy of the letter is new, but it’s contents has been known for a while.

Too bad you aren’t a trained “journalist”. If you were, we would have the explanation for why this isn’t a problem in any way.

Will be interesting to see what law firm this sheister works for.