NOTE: I'll be on with Sam Seder at 5 pm ET on Air America. You can listen via the internet here.

Robin Blumner spotlights another potential politicized prosecution emanating from the Bush DOJ:

In 2002, Kuehne was hired by Roy Black, Ochoa's lawyer, to determine the origin of payments made by Ochoa to Black. It is a crime for an attorney to accept money that he knows was obtained through drug sales, and Black was being careful not to accept tainted fees.

Kuehne's investigation, which included traveling to Colombia, determined that the money for Ochoa's defense was from the proceeds of cattle, horse and real estate sales. The Ochoa family ranch is an asset that predates Ochoa's drug involvement.

Kuehne was paid about $200,000 for his advice. All told, he allowed $5.2-million in legal fees and costs to be transferred to Black, after having determined that it had been derived from legitimate sources.

But the government in its indictment says that Kuehne knew that at least some of the money was the proceeds of drug trafficking and sent through money launderers. Reports are that FBI and IRS agents found that some of the Ochoa family assets were auctioned off to known cartel members....

Part of the reason I'm writing about this case is that I know Ben Kuehne. He was a volunteer lawyer when I headed the ACLU of Florida. I remember him as a meticulous lawyer of the highest professionalism and integrity. His reputation is that of a "lawyer's lawyer," and some of the most prominent members of the Miami legal community say it is impossible that Kuehne knowingly broke the law, as such a thing is beyond him.

Also, Kuehne is a high-profile progressive. In addition to his representation of Gore, he spent a number of years as a board member of Legal Services of Greater Miami. And in 2006, the liberal group People for the American Way gave Kuehne its "spirit of liberty" award as a "champion of constitutional rights."

But even if Kuehne's political bent didn't have anything to do with the decision to prosecute, one can't help but wonder if this isn't an attempt by the Justice Department to make top-notch attorneys think twice about criminal defense work....

If the department wanted to broadcast a warning to the criminal defense bar that accused white-collar criminals, drug lords and mafia dons are untouchable, it couldn't have found a better case. The prosecution of Kuehne is reportedly the first time an attorney has been charged after approving another attorney's fees. And the government wants $5-million from Kuehne in addition to decades of his freedom.

The case appears to hinge on whether Keuhne had "constructive knowledge" of problems with the wire transfers, not "actual knowledge," which signals to me that the government feels like all it has is a highly inferential case -- which says the indictment seems designed to send a message to the criminal defense bar at large and is not a rock-solid prosecution based on overt acts in furtherance of illegal activity. Which smells like acquittal after a long, drawn-out, expensive and reputation-sucking fight for Keuhne, if so.

Michael Froomkin seems to think so as well. Law.com has more. As does National Law Journal.

Further, as Scott Horton highlights, apparently hiring decisions may have been made over the last few years at DOJ based on sexual orientation as a criterion for whether or not someone got a job. Anyone want to hazard a guess as to how you detect whether someone is "filing a brief while gay"?

Because I've known a large number of gay and lesbian lawyers in my lifetime, all of whose sexuality had nothing whatsoever to do with their legal analysis skills and commitment to the rule of law. And using sexual orientation to separate the acceptable versus the unacceptable smacks of the sort of divisive faux moral fervor that has nothing whatsoever to do with legal abilities -- and everything to do with a socially engineered worldview agenda, which is wholly incompatible with the notion of "justice for all."

H/T to reader WB.

(YouTube is former AG for George H.W. Bush's administration, Dick Thornburgh, testifying with regard to the politicization of the George W. Bush's Department of Justice -- and political prosecutions during the 2006 election cycle by the USAtty for Western PA who prosecuted only Democrats and not Republicans in that district in the run-up to the election.)