When an antitrust attorney at the U.S. Department of Justice (DOJ) was assigned a case where she had a potential conflict of interest, she recused herself in accordance with standard legal ethics. But the DOJ reportedly ordered her back on the case anyway.
That's according to a Wednesday article by NOTUS' Dave Levinthal, who reported that attorney Jessica Leal was put back on a case in which Visa was being sued for allegedly monopolizing the debit card market in spite of an unnamed family investment presenting a conflict. According to Levinthal, Leal's ethics supervisor Tracy Fisher wrote that Leal's conflict was "not so substantial as to affect the integrity of the services which the government may expect from her."
"I also believe it is in the Antitrust Department’s best interest for Ms. Leal to be permitted to participate in this matter," Fisher wrote in a memo to Assistant Attorney General Gail Slater.
Slater eventually signed a conflict of interest waiver and put Leal back on the case. This is despite Leal's investment being valued at more than $25,000 involving a "non-party company likely to be affected financially by the Antitrust Division case."
According to Levinthal, Fisher's memo to Slater even specified that the DOJ's lawsuit against Visa "could have a direct and predictable effect" on Leal's investment. One redacted portion of the memo reportedly explains why Leal's work on the case was essential.
"[T]he Antitrust Division’s need for Ms. Leal’s participation in this matter is substantial," Fisher wrote.
NOTUS reported that Slater — who was confirmed with bipartisan support – has openly called for "America first antitrust enforcement" and relying on "deep-rooted conservative principles" to perform her duties. Scott Amey, who is general counsel for the advoacy group Project on Government Oversight, said that Leal recusing herself was "the proper thing to do," and that her being granted a conflict of interest waiver is "quite uncommon."
"The best practice is to remove her from the case and fill her seat with a non-conflicted attorney," Amey told NOTUS.