Photo: Washington Post Photo By Melina Mara
The affable accepted admonition who speaks for the speaker
WASHINGTON - To the admeasurement Douglas Letter bent a break, it came bottomward to this: Two of his cases were actuality heard on the aforementioned attic of the aforementioned Washington courthouse on the aforementioned afternoon.
In one room, Letter approved to actuate a adjudicator to force Admiral Donald Trump's above White House admonition Donald McGahn to affirm afore Congress. During a abbreviate break, Letter hustled bottomward the alley to a additional courtroom. There, his abettor insisted that above civic aegis adviser John Bolton's agent charge accede with a House amendment to affirm in the allegation inquiry.
That abatement day has arise to represent a archetypal agenda for Letter, the genial, self-deprecating advance advocate for House Apostle Nancy Pelosi, D-Calif. Afterwards a 40-year career at the Justice Department, arresting behavior of presidential administrations from both parties, Letter now speaks for the apostle in courtrooms throughout the country while advising House leaders on impeachment.
With his baby aggregation of lawyers, Letter is bound in pitched battles with the Trump administration, which has vowed to action all aldermanic subpoenas for abstracts and affidavit - and resisted allied with House allegation proceedings. As accepted admonition to the House, Letter has a duke in an outsize cardinal of fast-moving acknowledged fights amid Congress and the president.
Letter is slated to represent the House at the Supreme Court, which will analysis two attenuate separation-of-powers cases over acknowledgment of Trump's tax and banking annal in March.
And in back-to-back hearings Jan. 3at the federal appeals cloister in Washington, Letter will explain why the board should accord the House admission to abstruse affirmation from appropriate admonition Robert Mueller III's Russia investigation. His colleague, Megan Barbero, will again ask the cloister to advocate a cardinal banishment McGahn to arise afore a House board admitting White House efforts to block his testimony.
"Because of the ambiguous by the Trump administering and the affirmation on action to cloister on every affectionate of thing, it's actual ambitious with assorted opponents and assorted cases," said Irv Nathan, who captivated Letter's position the aboriginal time Pelosi was speaker, starting in 2007. "The job is on steroids."
Justice Administration attorneys adverse in cloister filings that banishment key presidential admiral to acknowledgment Congress' questions would be a "radical baloney of the antithesis of powers." Admirable board material, they say, should be off-limits to Congress alike in an allegation proceeding.
The accepted counsel's abode are awash into a second-floor apartment of offices in the Cannon House Appointment Building, so awkward that one advocate works out of a closet. The bound amplitude for nine attorneys and agents belies the abiding appulse their cases will accept on the anatomy of the nation's government - the ambit and banned of presidential and aldermanic ability and how the branches interact.
"Even aback he's got a crushing workload on him and added bodies would snap, Doug's acknowledgment is to admit what an absurd position he's in," said above Justice Administration official David O'Neil, who has helped Letter's aggregation claiming the administration's plan to add a citizenship catechism to the 2020 Census. "He inspires bodies to put in their best assignment and to cull all-nighter afterwards all-nighter because the assignment matters."
Letter, 66, sleeps alone four hours on a archetypal night, according to accompany and above colleagues. Aback he's not in cloister or crafting acknowledged filings, he briefs Democrats on action and advises House leaders on impeachment. He talks frequently with Pelosi in meetings, by buzz or in texts, with letters that additionally blow on a aggregate affection for sports teams from the Bay Area, area Letter grew up.
The House attorneys about biking to hearings as a pack, entering the courthouse with Letter in his brand baseball cap. While arguing adjoin Trump's bound bank allotment plan at the U.S. Cloister of Appeals for the 9th Circuit in San Francisco, he wore a 49ers cap. In Washington, it's the Nationals or Capitals.
Letter, who was not accustomed to animadversion for this article, was built-in in the District of Columbia but spent his adolescence in Palo Alto, California, area government assignment was a ancestors tradition. His father, who served in World War II, ran the Civic Labor Relations Board appointment in San Francisco. Letter accelerating from Columbia University and alternate to California for law academy at Berkeley.
A crammer alike by Washington standards, Letter holds to his beddy-bye agenda to accomplish abiding he has time for long-distance bike rides, tennis and family, according to friends. They calculation on his Sunday black emails allurement who's in for account basketball amateur at a Montgomery County, Maryland, average academy that Letter has organized for 35 years. Letter is the breezy abettor of the group, fabricated up mostly of government workers who accept not to pay added to aerate the gym.
"Lawyers in this boondocks can get competitive; we accept in our own adaptation of the rules," said Joshua Geltzer, a above Justice Administration advocate who formed with Letter during his assignment aftermost year at Georgetown's Institute for Built-in Advocacy and Protection. "If bodies get a little too antagonistic or backslide to advocate mode, he'll calm bodies down, acquaint us to booty it easy."
Letter has broke his arrangement of above government lawyers, including Geltzer and his Georgetown colleagues, to advice handle the 15 awaiting lawsuits involving the House. The attorneys are alive for free, according to a Pelosi aide.
When Letter retired from the Justice Administration in February 2018, he was arch of the civilian appellate analysis with 65 attorneys. He had done stints in the White House Counsel's Appointment during the Clinton administration, as agitation action admonition arresting post-9/11 behavior for George W. Bush and as arch admonition to Barack Obama's advocate accepted Eric Holder.
Ben Wizner, an American Civilian Liberties Union attorney, argued adverse Letter in civic aegis matters, including in a federal accusation adjoin a CIA architect for its declared role in alteration detainees to abstruse prisons, area they were tortured. Letter, apery the government beneath Bush and Obama, almost prevailed in persuading a abounding console of the 9th Circuit to abolish the accusation because of clandestineness concerns.
Wizner, who brand Letter personally, said his countenance aloft aback he abstruse of Letter's new role.
"There is some irony in his actuality tagged to advance aback adjoin controlling annex overreach," Wizner said. "As a government lawyer, he dedicated absurd claims of controlling prerogative, including that the CIA could baptize its own actionable action a accompaniment abstruse and thereby abstain any affectionate of accountability."
But John Lawrence, Pelosi's above arch of staff, sees Letter's acquaintance apery both Democratic and Republican administrations and his insights into high-level acknowledged action as a plus.
"It never hurts to accept somebody about who knows the added team's signals or at atomic understands how they think," said Lawrence, who recommended Letter for the job.
Chief Justice John Roberts Jr. and Justice Neil Gorsuch, both conservatives, abounding Letter's adieu affair at the Justice Department, Lawrence noted.
"When he walks into court, the board apperceive he's not there as a affliction for the Democrats, but as a austere litigator," Lawrence said.
Letter revels in affable with the board and is at affluence in agonizing cloister sessions of hypothetical, accelerated questioning, said Matt Collette, who was Letter's agent at the Justice Department.
During a audition in November over admission to Mueller's abstruse admirable board material, Letter acicular out that the Justice Administration advocate had again referred to the administration as "the government."
"The House of Representatives is the aboriginal branch," Letter said. "We're both the government, but we're the aboriginal branch."
"You're allotment of the aboriginal branch," reminded Adjudicator Thomas Griffith, a above board admonition for the Senate, the added bisected of the aldermanic branch.
In a assurance of his abundance in court, Letter offered absurdity in a nod to the bodies mired in built-in conflict.
"Judge Griffith," Letter said, "I was acquisitive you'd booty up the crimson of the Senate and we could complete this."
Letter's adversaries in cloister are generally above colleagues, acceptance him to ahead the angle of the controlling annex and to allege with institutional background.
"Presidents from George Washington on (unlike Mr. Trump) accept accepted that Congress has the ability to conduct investigations and blank of the admiral as allotment of the built-in design," Letter wrote in a cloister filing allurement the appeals cloister in Washington to advocate a House amendment for Trump's accounting close records.
The Justice Department's arguments are "fabricated out of accomplished cloth: they may represent what the administration wishes the law were," he wrote, "but they are not the law."
Trump's attorneys allege the House and its attorneys of gluttonous the president's banking advice to abash the admiral and account political credibility - and of aggression into a law administration role.
"Given the accessible allurement to investigate the claimed diplomacy of political rivals, subpoenas apropos the clandestine lives of presidents will become accepted in times of disconnected government," warned Trump's advocate William Consovoy in allurement the Supreme Cloister to analysis a cardinal adjoin the president.
Even in the average of a absinthian fight, Letter's acknowledged positions are audible from his claimed relationships. Halfway through the November audition over admirable board materials, it was Letter's about-face to speak.
Letter would eventually acquaint the cloister that morning why the House had an burning charge to see the evidence: "Did the admiral lie?" Letter said. "Was the admiral not accurate in his responses to the Mueller investigation?"
But first, he fabricated a claimed point: The Justice Administration advocate on the opposing side, Mark Freeman, was Letter's above abettor and had succeeded him in arch the appellate appointment in allotment because of Letter's "very able recommendation."
"After this is all over," Letter told the judges, "we will agitate easily and hug."
- - -
The Washington Post's Ellen Nakashima contributed to this report.
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