Legal Commentary

Court Disqualifies Bernie Kerik's Lawyer

By Jeralyn

For the second time, a lawyer for Bernie Kerik has been disqualified from representing him.

During the federal investigation leading to his Indictment, the Government disqualified long-time Kerik lawyer (and TalkLeft pal) Joe Tacopina. (Background from the Washington Post here.

Today, on the Government's motion, the Court granted a request to disqualify Kerik's chief counsel Ken Breen.

Prosecutors had asked for the ruling in the criminal case against Kerik, arguing that defense lawyer Kenneth Breen was at meetings when Kerik gave his lawyers false information.

The potential conflict is "so severe that no remedial measure will cure it," U.S. District Judge Stephen Robinson said in his ruling from White Plains.

The Judge said the removal was necessary to preserve "both the defendant's right to effective assistance of counsel and the court's need to preserve the integrity of the process."

A new lawyer will require lots of time to get up to speed on the case, putting off a trial date -- possibly until after the November elections. In the unlikely event Rudy is the nominee, that would be a big boost for him.

Here are the Government's request to disqualify Breen, Breen's response and declaration, and another Government response.

Full post as published by TalkLeft on January 25, 2008 (boomark / email).