659:. Contrary to the advice of others on the White House staff, in the administration, and in Congress, Nussbaum strongly urged the President not to seek the appointment of an independent counsel with respect to those matters. He maintained there was no legal basis for such an appointment, as there was no evidence of wrongdoing by the President, either before or after he entered office. He warned the president that the institution of an independent counsel, who is responsible to no one, tends to become an uncontrolled, never ending effort to find wrongdoing even where none exists. He predicted that conservative judges would replace anyone who was appointed by the Attorney General with a choice more to their liking. He predicted the investigation would likely last as long as the President was in office and beyond. Consequently, he argued, despite media and congressional pressure, in addition to their being no legal basis, it also made no political sense to request such an appointment.
455:. He was a federal prosecutor for more than three years and tried a number of major criminal cases. These included convicting, after a four-month trial, five officials of a federal savings and loan association of perjury. The perjury was committed by the bank officers to cover up the diversion of over $ 250,000 from the savings and loan association to finance a political campaign for Congress being conducted by the president of the association. He also won a jury verdict convicting a prominent accountant and investor of bribing and conspiring (with other major investors) to bribe an internal revenue agent.
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815:. A government agency sued Kaye Scholer charging it with improperly withholding damaging information about its client, a large federal savings and loan association whose failure epitomized the savings and loan disaster in the early 1990s. The law firm vehemently denied it did anything wrong in representing its client; it maintained it had an obligation to represent its client zealously and not to disclose information harmful to its client.
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685:, published after he left office, President Clinton said the single biggest error he made as president was not listening to Nussbaum and, instead, requesting the appointment of an Independent Counsel. He wrote: "It was the worst presidential decision I ever made, wrong on the facts, wrong on the law, wrong on the politics, wrong for the presidency, and the Constitution."
462:, one year after the firm was founded in January 1965 by Martin Lipton, Herbert Wachtell, Leonard Rosen, and George Katz, four lawyers in their early 30s who in time became preeminent in the legal profession. In 1966, the firm had less than 10 lawyers. As of 2022, it has over 250 lawyers and is one of the most successful corporate law firms in the United States.
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Democrats. This made the petition drive difficult. However, it succeeded and
Morgenthau began his primary race against Goldberg. A third political party, the Liberal Party, then decided to give its nomination to Goldberg. This decision, which would have had the effect of splitting the vote against the incumbent governor,
667:. An investigation then took place which never resulted in criminal charges against the President, but lasted for over seven years, until after the end of the Clinton presidency. It did, however, result, based on subsequent personal conduct (involving a White House intern) separate from the Whitewater matter, in
835:
an independent commission rather than by the executive and legislative branches. Salaries of state court judges have been significantly increased to approximate the salaries of federal judges, which, before the lawsuit was brought, were considerably higher than state court judges. They are now roughly equal.
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The Court of
Appeals ruled that holding judicial salaries hostage to legislative salaries was unconstitutional. As a consequence, the Legislature and the Governor agreed to change the system for the compensation of judges. Since then, decisions regarding judicial salaries are made every four years by
700:
Nussbaum resigned on March 5, 1994, as a result of the
Whitewater controversy and the position he took regarding the appointment of an Independent Counsel. President Clinton later wrote: "Bernie Nussbaum resigned in early March; he never got over my foolish decision to ask for an independent counsel,
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At the outset of the lawsuit, the government froze all the assets of Kaye
Scholer. This freeze rapidly put the firm close to collapse. It made it virtually impossible to contest the government's action as the firm would likely not survive in the interim as clients and employees would depart. At this
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in 2001, when two towers were struck by two planes, was not a single event, as claimed by the insurance companies, but was, under the terms of the insurance agreements then in force, two separate events. This significantly increased the insurance payments due and resulted in a multi-billion payment
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if I had listened to him and refused to give into the demands for an independent counsel to 'clear the air.' Bernie's real offense was that he thought I should abide by the rule of law and accepted standards of propriety, rather than the constantly shifting standards of the
Whitewater media, which
492:, if Morgenthau won the Democratic primary, made it virtually impossible for Morgenthau to defeat Rockefeller in the general election. Morgenthau therefore withdrew from the primary race. Goldberg ran as the Democratic/Liberal candidate against Rockefeller in the general election and was defeated.
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law firm who was charged with diverting fees owed to the firm. His client ultimately pleaded guilty and cooperated with law enforcement authorities. After lower court hearings and an appeal, a prison term which had been imposed was set aside and his client was not required to serve any time in
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In a short period of time, well over 15,000 signatures of registered
Democrats were collected in over 50 New York counties, with the requirement that there be at least 100 such valid signatures in each county. Many of the upstate counties in New York had few residents and even fewer registered
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without the intention to harm the United States. In his letter to
President Obama, Nussbaum wrote: "Pollard has been appropriately punished for his conduct, and a failure at this time to commute his sentence would not serve the course of justice; indeed, I respectfully believe it would be a
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point
Nussbaum was retained to represent Kaye Scholer. In less than a week, a settlement was reached which did not require an admission of wrongdoing by the firm and provided for a monetary payment over time which was covered by insurance. This enabled the firm to continue as a law firm.
662:
The
President, nonetheless, in response to media and congressional pressure, decided to ask the Attorney General to appoint an independent counsel and she did. A few months later, as predicted by Nussbaum, three appellate judges replaced the counsel appointed by the Attorney General with
871:, a bar association whose membership consists of lawyers and judges who practice primarily in federal courts within the Second Circuit. He was a Fellow of the American College of Trial lawyers, a select professional association of trial lawyers from the United States and Canada.
605:. In July 1974, the committee, in a bi-partisan vote, voted to recommend to the House of Representatives that the President be impeached. Shortly thereafter, on August 9, 1974, President Nixon resigned. At the conclusion of the impeachment inquiry Nussbaum rejoined his law firm.
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in New York City which encompasses seven major hospitals in New York City and a highly regarded medical school. He was a member of the board's audit committee and legal committee. He was also a member of a three-person independent review board appointed in 2014 by the
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Working together with his firm's partners and associates, Nussbaum was the lead trial lawyer in many cases tried in various state and federal courts around the country, including significant corporate cases won by his firm. Among the cases he took on were representing
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In
December 2008, Nussbaum married Nancy Kuhn, who had been a fundraiser for political and charitable organizations. Among other political races, she played an important role in raising funds, in New York State and elsewhere, for the Democratic presidential candidate
430:
Upon completing law school in 1961, Nussbaum was awarded a Harvard University Sheldon Traveling Fellowship. This fellowship enabled him to travel around the world for a year visiting over 30 countries. On his return he served for six months on active duty in the
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In the course of his career, Nussbaum was asked to represent major law firms (including Sullivan and Cromwell and Shearman and Sterling) in lawsuits brought against them or certain of their partners. Their suits were resolved in favor of his law firm clients.
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refused to agree to legislative salaries being raised), Nussbaum represented the Chief Judge of the State of New York and the Judiciary of the State, without fee, in successful constitutional litigation ultimately decided by the state's highest court, the
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Nussbaum, the first child of Jewish immigrants from Poland, was born in New York City on March 23, 1937. His father and mother originally worked in garment factories. His father was later employed by the labor union that represented garment workers, the
375:, a specialized public high school in New York City which requires the passing of an entrance exam for admission. He graduated in 1954, having been a member of the school's academic honor society, and an editor on the school's newspaper, the Stuyvesant
906:. The board reviews decisions made by the district attorney's office as to whether certain individuals have been wrongly convicted of crimes. That process resulted in a number of convictions being set aside and persons being released from prison.
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Over the years, as a senior litigation partner at Wachtell Lipton, Nussbaum represented clients such as major corporate entities, law firms, law firm partners, government officials, political figures, and the judiciary.
480:. He led a group of former assistant United States attorneys in conducting a statewide petition drive to place Morgenthau's name on the Democratic Party primary ballot for the party's nomination for governor, opposing
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and he was a first year law student at Harvard. Throughout her adult life she was active in political, community, and philanthropic affairs, particularly with non-profit organizations in the Jewish community.
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by the House of Representatives in December 1998. He was ultimately acquitted by the Senate, but the impeachment proceeding subsequently affected future presidential elections, first involving Vice President
533:
into whether there was fraud in the sale of city securities. After a lengthy inquiry, during which numerous documents were produced and top city officials testified, there was no finding of any wrongdoing.
510:, by a little over 600 votes in the Democratic primary election. Celler brought suit in a Brooklyn state court to set aside that victory. Nussbaum won that case, which was ultimately decided by the
1158:"Foster File Search Said Blocked by Ex-Counsel: Senate: Bernard Nussbaum went through the papers and described them to investigators, who did not get to look at them, witnesses tell panel"
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for Columns and Commentary); two sons, Peter Nussbaum (married to Alexis Tannenbaum), Frank Nussbaum (married to Carlye Adler) and a stepson, William Kuhn. He also had six grandchildren.
518:, a senior congressman from New Jersey replaced Celler and became chairman of the Judiciary Committee which later successfully conducted the impeachment inquiry involving U.S. President
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in New York. He was awarded scholarships by New York State and by Columbia which made it possible for him to attend Columbia. He joined the staff of the college daily newspaper, the
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As a result of judicial salaries in New York being frozen for more than a decade (the legislature refused to raise judicial salaries unless its own salaries were raised and the
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to consummate a multi-billion merger between IBP and Tyson, which Tyson had agreed to but was seeking to avoid. In a South Carolina state court he defeated an effort by
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Nussbaum was the recipient of awards from charitable and educational institutions as well as legal organizations. In 1993, he was awarded an honorary LL.D. from the
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628:'s first White House Counsel he was involved in major personnel and policy issues facing the administration. These included the appointment of
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In 1993, Nussbaum again left his law firm, when he was appointed Counsel to the President of the United States. During his tenure as President
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In 1992, in a case which generated one of the most prominent legal ethics controversies of the decade, Nussbaum represented the law firm of
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file. After pleading guilty in June 1986, Pollard was sentenced to an unprecedented life sentence for providing classified information to
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During the investigation into the travel office firings Nussbaum refused to hand over Foster's travel office notebook to Congress and the
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miscarriage of justice." After serving 30 years in prison, Pollard was granted parole and was released from prison on November 20, 2015.
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1261:"Text: Letter of Former WH Legal Counsel Bernard Nussbaum to Pres. Obama: Failure to release Pollard now "a miscarriage of justice""
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sought papers found in Foster's briefcase that Nussbaum refused to hand over to both the department and the police.
1041:(Interview). Interviewed by Timothy Naftali. Yorba Linda, California: Richard Nixon Presidential Library and Museum
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Referring to media criticism of Nussbaum's advice, the President wrote "there would have been no investigation,
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real estate investment made by the Clintons years earlier, and the investigation of the suicide of his deputy,
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529:. At the time the comptroller, along with the mayor and the city, were the subject of an investigation by the
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and was given a full tuition scholarship by the law school. In his senior year he became a note editor of the
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In 2004, Nussbaum won a jury verdict in a New York federal court on behalf of the developer of the rebuilt
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791:, against major insurance companies. After a trial lasting more than a month, the jury found that the
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in a New York federal court which sought to prevent United from acquiring Carrier. He represented the
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1216:"House Report 104-849 - Investigation of the White House Travel Office Firings and Related Matters"
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Nussbaum died from heart disease at his home in Manhattan on March 13, 2022, at the age of 84.
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577:. Nussbaum participated in overseeing the fact gathering process. This included analyzing the
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1316:"Former White House Counsel: Failure To Release Pollard Would Be A 'Miscarriage Of Justice'"
339:(March 23, 1937 – March 13, 2022) was an American attorney, best known for having served as
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and he didn't want to be a source of further problems ... able, honest public servant."
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413:. After his first year, on the basis of his academic record, he was selected to join the
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Nussbaum returned to his law firm in late 1994 and resumed the private practice of law.
484:, the former Supreme Court Justice, who was the choice of the Democratic Party leaders.
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1338:"Obama's to-do list: Free Pollard in May so he can travel safely to Israel in June"
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In the mid-1970s, during New York City's fiscal crises, Nussbaum represented the
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In December 1973, Nussbaum left his law firm to serve as a senior member on the
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While in private practice he also served as a member of the adjunct faculty of
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stating that while serving as White House Counsel he extensively reviewed the
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In January 2006, his wife Toby, to whom he was married for 42 years, died of
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While serving on the Judiciary Committee staff, Nussbaum met and worked with
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and, in his senior year, became its editor-in-chief. He was also elected to
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1287:"Jonathan Pollard: Background and Considerations for Presidential Clemency"
882:. He served as a trustee of the Boys Brotherhood Republic (now part of the
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magazine; she was the magazine's television critic and won both the 2016
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made by President Nixon, and interviewing significant witnesses such as
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894:. Created in the 1930s, Nussbaum was a member of that club as a child.
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were designed to produce the very results they professed to deplore."
541:, conducting a seminar in trial practice for third year law students.
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Nussbaum was a member of philanthropic boards of trustees, including
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He attended neighborhood public schools. In 1951, he was admitted to
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who, in a surprise victory, had defeated senior U.S. Representative
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514:, and Holtzman's election was upheld. As a result of that victory,
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368:, home at the time to many immigrant families from Eastern Europe.
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during the 1984 campaign. Nussbaum and Kuhn resided in Manhattan,
398:. During the summer months he worked as a waiter at hotels in the
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After the suicide of Vince Foster the justice department and the
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in a Nevada federal court and obtained an injunction preventing
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1358:"Bernard W. Nussbaum, Clinton Counsel and Defender, Dies at 84"
998:"Dueling Fund-Raising Campaigns Undercut Efforts at Stuyvesant"
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In 1958, Nussbaum graduated from Columbia and was admitted to
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In 1970, Nussbaum managed Robert Morgenthau's campaign for
469:. In a close contest, in a Democratic primary election in
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On January 28, 2011, Nussbaum sent a letter to President
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He was also involved in handling the early stages of the
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1243:"'Keeping Pollard in jail is a miscarriage of justice'"
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Best, Jr., Richard A.; Clyde Mark (January 31, 2001).
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from blocking a takeover effort. He won a judgment in
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Nussbaum also served on the Board of Trustees of The
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and was a member of the Army Reserves for six years.
918:. They met in 1958 when she was an undergraduate at
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796:to the developer for the rebuilding of the center.
49:. Unsourced material may be challenged and removed.
1294:Congressional Research Service Report for Congress
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780:a local owned broadcast and newspaper enterprise.
473:, New York, he lost to the incumbent assemblyman.
1032:"An Oral History Interview with Bernard Nussbaum"
1723:
1184:"Nussbaum Becomes Focus Of Whitewater Testimony"
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861:George Washington University National Law Center
854:
531:United States Securities and Exchange Commission
458:In 1966, Nussbaum joined the New York law firm,
1387:Bio page at Wachtell, Lipton, Rosen & Katz
1122:. encyclopedia.com. 1994-03-14. Archived from
632:as Attorney General, the recruitment of a new
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1120:Weekly Compilation of Presidential Documents
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358:International Ladies' Garment Workers' Union
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939:. Kuhn died of brain cancer in April 2021.
620:White House Counsel under President Clinton
406:in New York to help pay for his education.
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423:, succeeding future Supreme Court justice
1807:Wachtell, Lipton, Rosen & Katz people
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551:Impeachment process against Richard Nixon
148:January 20, 1993 – March 8, 1994
109:Learn how and when to remove this message
1752:American people of Polish-Jewish descent
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651:, an investigation into an unsuccessful
465:In 1968, Nussbaum ran for a seat in the
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803:He represented a senior partner of the
287: 2008; died 2021)
264: 1963; died 2006)
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886:), a self-governing youth club on the
503:, who at the time was chairman of the
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996:Herszenhorn, David M. (May 5, 2003).
863:. He served as Vice President of the
708:Allegations of obstruction of justice
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47:adding citations to reliable sources
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1787:United States presidential advisors
1355:Fried, Joseph P. (March 14, 2022).
942:He had three children: a daughter,
527:Comptroller of the City of New York
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1762:Columbia College (New York) alumni
1336:Blankfort, Jeffrey (May 7, 2011).
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1039:Richard Nixon Oral History Project
642:Supreme Court of the United States
460:Wachtell, Lipton, Rosen & Katz
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597:in the Nixon administration, and
360:(ILGWU). Nussbaum grew up on the
1757:Clinton administration personnel
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445:Assistant United States Attorney
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1792:Watergate scandal investigators
1777:People from the Lower East Side
1392:Profile in Harvard Law Bulletin
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1318:. The Yeshiva World. 2011-02-06
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1182:Labaton, Stephen (1995-07-28).
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977:List of Jewish American jurists
829:New York State Court of Appeals
738:United Technologies Corporation
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512:New York State Court of Appeals
443:In 1962, he was sworn in as an
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1742:20th-century American lawyers
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865:New York City Bar Association
855:Other public roles and honors
449:Southern District of New York
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16:American attorney (1937–2022)
958:Pulitzer Prize for Criticism
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880:Jewish Theological Seminary
676:and later Hillary Clinton.
579:White House tape recordings
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904:Brooklyn District Attorney
899:Mount Sinai Medical Center
746:U.S. Department of Justice
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1767:Harvard Law School alumni
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1296:. The Library of Congress
714:United States Park Police
603:House Judiciary Committee
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545:Nixon impeachment inquiry
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867:and as President of the
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337:Bernard William Nussbaum
200:Bernard William Nussbaum
962:National Magazine Award
950:and is on the staff of
884:Henry Street Settlement
762:Delaware Chancery Court
669:Clinton being impeached
467:New York State Assembly
451:, in the office led by
1802:Whitewater controversy
649:Whitewater controversy
569:, which conducted the
565:inquiry staff, led by
373:Stuyvesant High School
933:Stamford, Connecticut
595:U.S. Attorney General
560:Judiciary Committee's
549:Further information:
1797:White House Counsels
1473:White House Counsels
824:Governor of New York
793:September 11 attacks
744:suit brought by the
573:involving President
478:Governor of New York
43:improve this article
1424:White House Counsel
1265:Jonathanpollard.org
1030:(October 1, 2011).
946:(who is married to
920:Brandeis University
876:Brandeis University
869:Federal Bar Council
750:Carrier Corporation
638:Ruth Bader Ginsburg
587:White House Counsel
539:Columbia Law School
508:Judiciary Committee
341:White House Counsel
311:Columbia University
226:New York City, U.S.
212:New York City, U.S.
136:White House Counsel
1363:The New York Times
1249:. 6 February 2011.
1247:The Jerusalem Post
1188:The New York Times
1003:The New York Times
785:World Trade Center
754:Hilton Corporation
497:Elizabeth Holtzman
490:Nelson Rockefeller
433:United States Army
416:Harvard Law Review
411:Harvard Law School
404:Catskill Mountains
320:Harvard University
58:"Bernard Nussbaum"
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1431:Succeeded by
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1077:A Woman in Charge
1061:A Woman in Charge
1028:Nussbaum, Bernard
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789:Larry Silverstein
453:Robert Morgenthau
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888:Lower East Side
857:
805:Simpson Thacher
774:Jack Kent Cooke
766:IBP Corporation
758:ITT Corporation
729:
710:
622:
553:
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482:Arthur Goldberg
441:
362:Lower East Side
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1409:Legal offices
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1381:External links
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1347:
1342:Mondoweiss.net
1328:
1307:
1277:
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1174:
1149:
1143:Clinton, Bill
1136:
1107:
1101:Clinton, Bill
1094:
1088:Clinton, Bill
1081:
1079:, pp. 364-365.
1065:
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1016:
987:
986:
984:
981:
980:
979:
972:
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953:The New Yorker
948:Clive Thompson
944:Emily Nussbaum
929:Walter Mondale
911:
908:
856:
853:
728:
725:
709:
706:
679:In his memoir
657:Vincent Foster
621:
618:
610:Hillary Rodham
599:Charles Colson
546:
543:
501:Emanuel Celler
440:
437:
425:Antonin Scalia
396:Phi Beta Kappa
352:
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251:Toby Sheinfeld
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224:(aged 84)
220:March 13, 2022
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1126:on 2008-02-04
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910:Personal life
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786:
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776:to take over
775:
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764:on behalf of
763:
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600:
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593:, the former
592:
591:John Mitchell
588:
584:
580:
576:
575:Richard Nixon
572:
568:
564:
561:
558:
552:
542:
540:
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523:
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520:Richard Nixon
517:
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299:3, including
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70:
67:
63:
60: –
59:
55:
54:Find sources:
48:
44:
38:
37:
32:This article
30:
26:
21:
20:
1604:
1434:Lloyd Cutler
1422:
1366:. Retrieved
1362:
1350:
1341:
1331:
1320:. Retrieved
1310:
1298:. Retrieved
1293:
1280:
1268:. Retrieved
1264:
1255:
1246:
1223:. Retrieved
1219:
1210:
1199:. Retrieved
1187:
1177:
1166:. Retrieved
1164:. 1995-07-28
1161:
1152:
1144:
1139:
1128:. Retrieved
1124:the original
1119:
1110:
1102:
1097:
1089:
1084:
1076:
1060:
1055:
1043:. Retrieved
1038:
1027:
1007:. Retrieved
1001:
991:
966:
951:
941:
925:
913:
896:
873:
858:
840:Barack Obama
837:
833:
821:
817:
813:Kaye Scholer
810:
802:
798:
782:
734:
730:
727:Later career
718:
711:
703:
699:
687:
680:
678:
661:
646:
634:FBI director
626:Bill Clinton
623:
614:Bill Clinton
607:
554:
536:
524:
516:Peter Rodino
494:
486:
475:
464:
457:
442:
439:Early career
429:
420:
414:
408:
389:
383:
376:
370:
354:
345:Bill Clinton
336:
335:
222:(2022-03-13)
181:Lloyd Cutler
176:Succeeded by
157:Bill Clinton
143:
105:
96:
86:
79:
72:
65:
53:
41:Please help
36:verification
33:
1737:2022 deaths
1732:1937 births
1417:Boyden Gray
1397:Appearances
1270:December 4,
1075:Bernstein,
1059:Bernstein,
1045:January 27,
1009:November 2,
770:Tyson Foods
563:impeachment
169:Boyden Gray
164:Preceded by
1726:Categories
1595:Culvahouse
1555:Ehrlichman
1428:1993–1994
1322:2013-12-01
1225:2021-07-16
1201:2021-07-16
1168:2021-07-16
1130:2008-01-03
983:References
694:grand jury
630:Janet Reno
421:Law Review
351:Background
274:Nancy Kuhn
235:Democratic
206:1937-03-23
99:March 2022
69:newspapers
1687:Cipollone
1671:Eggleston
1540:McPherson
1368:March 14,
1196:0362-4331
1063:, p. 251.
892:Manhattan
768:ordering
742:antitrust
690:subpoenas
665:Ken Starr
583:John Dean
567:John Doar
378:Spectator
366:Manhattan
307:Education
153:President
144:In office
1683:(acting)
1666:Ruemmler
1651:Fielding
1641:Gonzales
1632:(Acting)
1605:Nussbaum
1590:Wallison
1585:Fielding
1575:Lipshutz
1520:Sorensen
1499:Stephens
1489:Clifford
1484:Rosenman
1300:March 7,
1147:, p. 586
1105:, p. 587
971:See also
960:and the
878:and the
808:prison.
653:Arkansas
471:Brooklyn
296:Children
1565:Garment
1525:Feldman
1515:Kendall
1505:Shanley
1501:(leave)
1145:My Life
1103:My Life
1090:My Life
682:My Life
674:Al Gore
640:to the
447:in the
289:
281:
277:
266:
258:
254:
241:Spouses
83:scholar
1702:Siskel
1697:Delery
1676:McGahn
1610:Cutler
1580:Cutler
1570:Buchen
1550:Colson
1545:Temple
1510:Morgan
1494:Murphy
1401:C-SPAN
1194:
1092:p. 574
935:, and
848:Israel
85:
78:
71:
64:
56:
1692:Remus
1681:Flood
1661:Bauer
1656:Craig
1646:Miers
1636:Nolan
1630:Mills
1620:Quinn
1615:Mikva
1535:Semer
1530:White
1290:(PDF)
1035:(PDF)
692:, or
557:House
505:House
301:Emily
283:(
279:
260:(
256:
90:JSTOR
76:books
1625:Ruff
1600:Gray
1560:Dean
1370:2022
1302:2007
1272:2015
1192:ISSN
1047:2020
1011:2007
748:and
217:Died
196:Born
62:news
1399:on
890:of
721:FBI
364:of
45:by
1728::
1361:.
1340:.
1292:.
1263:.
1245:.
1234:^
1218:.
1190:.
1186:.
1160:.
1118:.
1068:^
1037:.
1019:^
1000:.
831:.
787:,
723:.
644:.
616:.
589:,
522:.
427:.
381:.
347:.
324:JD
315:BA
285:m.
262:m.
1465:e
1458:t
1451:v
1372:.
1344:.
1325:.
1304:.
1274:.
1228:.
1204:.
1171:.
1133:.
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326:)
322:(
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313:(
208:)
204:(
112:)
106:(
101:)
97:(
87:·
80:·
73:·
66:·
39:.
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