By Timothy J. Burger
Jan. 27 (Bloomberg) -- George Mitchell, President Barack Obama’s special Middle East troubleshooter, was chairman of a law firm that was paid about $8 million representing Dubai’s ruler in connection with a child-trafficking lawsuit.
The DLA Piper law firm did legal and lobbying work on the case, which alleged that Dubai’s Sheikh Mohammed bin Rashid al- Maktoum and another official used children kidnapped from other countries to ride as jockeys in camel races. The firm lobbied federal agencies, members of the U.S. House and about two dozen Senate offices, including those of Obama, Vice President Joe Biden and Secretary of State Hillary Clinton in 2006 and 2007, according to Justice Department foreign-agent disclosures.
Mitchell, 75, who isn’t a registered lobbyist, didn’t lobby either on this issue or for Dubai generally. DLA Piper partner Bill Minor said in an e-mail that Mitchell, a former Democratic senator from Maine, mainly focused on growth and management at the firm of almost 4,000 attorneys and 65 offices worldwide, and high-profile projects such as an investigation of steroid use in Major League Baseball.
Mitchell’s firm had extensive lobbying clients and offices in the Middle East ranging from the leader of Dubai to a Kuwait construction firm contracting in Iraq. The firm also has offices in Egypt, Oman, Qatar and Abu Dhabi and has an affiliation with a law firm in Riyadh, Saudi Arabia. Mitchell traveled to Dubai and spoke to the press there about the issue.
Suit Thrown Out
The camel-jockey suit was thrown out after the U.S. Justice Department notified a Miami federal judge that it planned to intervene and argue that al-Maktoum was immune from the suit as a foreign leader.
“That he was such a key figure in the firm himself certainly gives the appearance that probably any of the clients that solicited help from the firm may have had a business relationship with him as well,” said Craig Holman, who lobbies for tougher governmental ethics rules for Public Citizen, a Washington-based advocacy group.
In a Jan. 24 telephone interview, Mitchell said he “was generally aware of the case but I had no involvement in it.”
“I visited Dubai. I did not discuss the case with the Sheikh. I had nothing to do with bringing it in,” Mitchell said. “I was merely chairman when it occurred.”
Mitchell’s name heads a list on DLA Piper’s Web site of a team advising clients “on opportunities and risks associated with doing business in Iraq and the Middle East generally.” In addition to legal work, the Web site says DLA Piper has “experience working with relevant decision makers in the United States and the region.”
Dubai Billing
Altogether, DLA Piper billed Dubai-related entities about $9.5 million on this and other issues while Mitchell was chairman from 2005 through the end of 2008.
Other lobbying clients located or primarily interested in the Middle East -- and one focused on Iran -- paid DLA Piper an additional $2.29 million.
Mitchell, who is traveling in the Middle East this week, may need a waiver from Obama’s new policy on ethics and lobbying, which says government officials must wait two years before working on matters “directly and substantially” related to pre-government employers or clients even if they weren’t registered lobbyists, said Stefan Passantino, head of the Washington-based political law group for McKenna Long & Aldridge.
‘Perception Dynamic’
“It is a perception dynamic that has to be managed very carefully,” said Passantino, who helped represent former House Speaker Newt Gingrich during a congressional ethics case.
Asked if he’s going to have to recuse himself from anything at the State Department, Mitchell said, “I haven’t made any judgment on that.”
“I have to wait and see,” Mitchell said. “I will be resigning from the firm and terminating all private business activities.”
White House spokesman Bill Burton referred questions to the State Department, where spokesman Gordon Duguid declined comment and referred questions to Mitchell’s office. A voicemail left at the U.A.E. embassy in Washington wasn’t returned.
Habib Al-Mulla, a Dubai-based lawyer for Sheikh Mohammad, also said Mitchell “played no role in the litigation or efforts that led to the quashing of the lawsuit.” Al-Mulla said the sheikh was satisfied with the outcome of the case.
Mitchell, a former U.S. Senate majority leader and onetime federal judge, was quoted by the Emirates News Agency in January 2007 defending the United Arab Emirates’ efforts to rescue “underage camel jockeys.”
Mitchell led efforts in Northern Ireland that resulted in the 1998 Good Friday peace agreement. In 2000 and 2001, he was chairman of a fact-finding panel examining the crisis in the Middle East.
9/11 Commission
In 2002, congressional Democrats tapped Mitchell as vice chairman of the 9/11 Commission. Mitchell and Henry Kissinger, then-President George W. Bush’s pick as chairman, quit the commission’s top posts after Congress required members to disclose financial information and suggested Mitchell may have to sever ties to his law firm.
The camel jockey lawsuit in September 2006, a class-action lawsuit filed by Mount Pleasant, South Carolina-based Motley Rice LLC by the children’s parents, accused al-Maktoum and others of enslaving boys from Africa and South Asia who were brought to Dubai as jockeys for camel racing, a popular sport in some parts of the Arab world.
DLA Piper picked up the case two weeks after the lawsuit was filed in the U.S. on behalf of underage camel jockeys. It set up meetings with Biden’s Senate staff on Nov. 29, 2006, followed by a Dec. 15 meeting with Obama’s staff. On Jan. 4, 2007, the firm arranged a meeting with Clinton and other senators and their aides, according to Justice Department Foreign Agent Registration Act filings.
‘Serious Problem’
A February 2005 report on the U.S. State Department Web site says that in the United Arab Emirates, which includes Dubai, “trafficking of young, noncitizen boys employed as camel jockeys continued to be a serious problem, although the Government has pledged to eliminate this practice for boys under the age of 15.” The report cited an estimate by the Ansar Burney Welfare Trust International, a Pakistan-based civil rights group, that 5,000 boys were working as camel jockeys.
The U.A.E. introduced the use of robots as riders on the camels and two years ago set up an $8 million fund to compensate former child jockeys. Human rights organizations have condemned the use of children as camel jockeys, saying the boys, mostly from Pakistan and Bangladesh and some as young as 4 years old, are abducted, sexually abused and underfed.
‘Remarkable Partnership’
Mitchell was quoted by the state-owned Emirates News Agency in January 2007 as praising the United Arab Emirates and Dubai for a “remarkable partnership with UNICEF to locate, care for and repatriate underage camel jockeys. This program has been justly praised by the international community as a model solution to a serious problem.”
DLA Piper billed the Dubai government about $8 million, according to Justice Department filings. This included almost $2.5 million between Aug. 6, 2006, and Feb. 28, 2007. Over the next six months, the firm billed Dubai over $1.2 million, as it held more than 70 meetings with senior officials at the White House, the State and Justice departments, and Congress, seeking a “statement of interest” by the U.S. government for their client.
The Justice Department on July 26, 2007, informed U.S. District Judge Cecilia Altonaga it would file a motion seeking “head of state immunity” for al-Maktoum. The judge dismissed the case days later, citing other jurisdictional issues.
A similar case was filed in Kentucky, omitting Dubai’s ruler as a defendant, and was also dismissed in November. John Eubanks, one of the lawyers who filed the cases, said the matter appears to be closed as far as U.S. courts are concerned.