Harvey Miller, the esteemed lead lawyer in the Lehman Brothers bankruptcy case, has decided to mount a campaign to exonerate ex-CEO Dick Fuld for the mess at the imploded investment bank. He responded to a motion by Thomas DiNapoli, New York State Comptroller, who suggested Fuld was guilty of all sorts of misconduct, with an all out defense, Fortune reports. He basically argues that Lehman was felled by a financial tsunami that no one could foresee.

I doubt this will sway the court of public opinion, which has already been found culpable in agreement with DiNapoli. He argued in his motion, "Mr. Fuld's decisions drove the Company toward ruin, as his Board stood idly by, generally ill-equipped to advise or guide Mr. Fuld or senior management to a new course." What really matters is what investigators think. Fuld is not in the clear yet.

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