George McClintock Anderson Dies

George McClintock Anderson

Former United States Attorney George McClintock Anderson, who served in the Eastern District of North Carolina in the Carter Administration (1977-1981), passed away (peacefully) Thursday, February 14th at age 92. Read the full obituary which describes him as “one of Raleigh’s most colorful and affable attorneys.”   Anderson’s legal and political career, his service to his community and his service to his church spanned sixty active years. NAFUSA will ask the Department of Justice to fly an American Flag  over Main Justice and it will be presented to his family as an expression of regard from his former colleagues.

 

 

Sullivan May Run For Senate

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According to The Boston Globe, NAFUSA member Michael J. Sullivan announced today that he is “giving serious consideration” to running for the United States Senate in Massachusetts. The vacancy was created when John Kerry resigned the seat to become the Secretary of State. Sullivan is considered a formidable candidate if he enters the Republican primary

The Globe reports:

Sullivan stopped short of formally declaring his candidacy, instead saying he will allow volunteers to try to get him on the April 30 primary ballot by collecting 10,000 certified voter signatures by Feb. 27, a daunting task. He will not hire professionals to do the work, which is expensive but far more effective in such a short timeframe.

Sullivan served as the United States Attorney for the District of Massachusetts 2001-2009. He also served as acting director of Alcohol, Tobacco, Firearms and Explosives (ATF) and is currently a partner in The Ashcroft Law Firm in Boston.

Sullivan was Plymouth County District Attorney from 1995 to 2001. From 1991 to 1995, he served in the Massachusetts House of Representatives. Sullivan received his Juris Doctor from Suffolk University Law School.

 

Lanny Breuer to Leave DOJ

The Department of Justice announced today that Assistant Attorney General Lanny Breuer would step down on March 1, 2013. Breuer was confirmed by the Senate on April 20, 2009, making him the longest serving AAG of the Criminal Division in modern times. Breuer participated on a panel on internal investigations at NAFUSA’s Atlanta conference in 2012. Click here to read the statement released by the Department.

Dispute Over Military Commissions

NY Terrorism Panel

Charlie Savage, a national security reporter for The New York Times has appeared at the past three NAFUSA conferences as the moderator or panel member on important topical issues. At NAFUSA’s New York conference in 2010, Savage, shown above at the podium, moderated the two hour panel discussion on “The Appropriate Forum to Prosecute Terrorism Cases.” Panel members included NAFUSA members Ken Wainstein and David Iglesias, together with U.S. District Judge John Coughenour, Eugene Fidell of Yale Law School and Matthew Waxman of Columbia Law School.

Savage continues his reporting on this important topic and on Sunday, January 27, He penned his first Sunday Review piece in The Times: Who Decides the Laws of War?

Savage writes of the dispute between Brig. Gen. Mark S. Martins, chief prosecutor of the military commissions system and the Obama administration. Martins is the lead prosecutor in the procedings against Khalid Shaikh Mohammed and four others charged with aiding the 9/11 terrorist attacks.

The issue, as Savage describes:

is it valid for the United States to use tribunals to charge idiosyncratic American offenses like “conspiracy,” even though they are not recognized as war crimes under international law?

The current dispute traces back to an appeals court ruling in October that vacated a tribunal’s verdict in 2008 against an Al Qaeda driver because his offense, “material support for terrorism,” was not a recognized international war crime at the time of his actions. The judges rejected the Justice Department’s argument that the charge was nevertheless valid under an American “common law of war” and because Congress had listed the crime as an offense for the tribunals in a 2006 statute.

General Martins pushed to abandon the conviction in another case which relied upon the charge of “conspiracy”, which is not recognized as an international war crime. He has, however, been overruled by Attorney General Eric Holder. General Martins refused to sign the Justice Department brief, but has been overruled by the Pentagon.

The issue is complicated by the action of Congress forbidding the prosecution of Guantanamo detainees in federal court, where they could be prosceuted for offenses such as conspiracy.

Savage quotes another of the NAFUSA New York panel members, Eugene Fidell:

“It’s tempting to view this as about General Martins, but it’s not,” he said. “Decisions about prosecuting detainees have become about what is feasible as opposed to what is rational. The constraints imposed by Congress are forcing officials into contorted positions which are particularly uncomfortable for military lawyers, who don’t want to get near the ‘third rail’ of destroying reciprocity.”

Mary Jo White Nominated to Head SEC

Mary Jo White

President Obama will nominate NAFUSA member Mary Jo White to head the Securities and Exchange Commission. White served as United States Attorney for the Southern District of New York 1993-2002. After leaving office, she rejoined Debevoise & Plimpton LLP and became chair of the firm’s litigation department. She is a fellow in the American College of Trial Lawyers and the International College of Trial Lawyers. White has served as a director of The Nasdaq Stock Exchange and is a member of the Council on Foreign Relations.

Todd Jones Nominated to be Permanent ATF Director

B. Todd Jones

NAFUSA member B. Todd Jones has been nominated by President Obama to be the first permanent director of Alcohol, Tobacco, Firearms and Explosives (ATF) since 2006. Jones has been the acting director of ATF since August 2011. He has continued as the United States Attorney for the District of Minnesota and has served as the director of the Attorney General Advisory Committee (AGAC).

Jones took over the agency in the midst of the Fast and Furious controversy and, as reported in Huffpost Politics:

Jones tossed six of the top eight assistant directors at ATF’s fortress-esque headquarters in the northeastern part of Washington, D.C. He placed restrictions on undercover ATF operations and instituted monthly oversight on larger investigations. He has called his ATF gig the hardest job he’s ever had.

Asked whether agents would shy away from bigger gun trafficking cases because of worries such difficult cases could bring them under congressional scrutiny, Jones said the agency wouldn’t back down from tough investigations.

‘All we can do is get off the mat again and keep swinging,’ he said.

No president has been able to get a nominee for ATF through the Senate since 2006, the first year Senate confirmation was required for the director of ATF.

Loretta Lynch Named To Head AGAC

Loretta Lynch

Attorney General Eric Holder announced today the appointment of Loretta E. Lynch, shown above, U.S. Attorney for the Eastern District of New York, as chair of the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). Attorney General Holder also appointed Sally Quillian Yates, U.S. Attorney for the Northern District of Georgia, to serve as vice chair. Both appointments became effective Jan. 1, 2013.

Lynch was appointed to the AGAC in May 2010 and has served as vice chair since 2011. She replaces Paul J. Fishman, U.S. Attorney for the District of New Jersey. Lynch has also served as the chair for the Advisory Committee’s Office, Management and Budget Subcommittee.

Sally Yates

Yates, shown above, was appointed to the AGAC in May 2010 and has served on several subcommittees including Civil Rights, White Collar Fraud, and Criminal Practice and Law Enforcement Coordination/Victim/Community Issues

 

Dick Thornburgh Authors Article on Pro Bono

Dick Thornburgh

Former Attorney General of the United States (1988-1991) and NAFUSA member Dick Thornburgh, shown above, has published an article in the January/February 2013, The Pennsylvania Lawyer entitled  ‘Equal Justice Under Law’: The Role of the Pro Bono Lawyer.

Thornburgh writes:

The aspiration emblazoned upon the facade of the U.S. Supreme Court — “EQUAL JUSTICE UNDER LAW” — cannot be achieved in a society that does not provide competent counsel to all who require it. Those in need cannot be left to sink or swim in an increasingly complex legal environment. We can be proud of the steps taken over the years by the legal profession to meet their needs.

Thornburgh also served as the United States Attorney for the Western District of Pennsylvania (1969-1975), Governor of Pennsylvania (1979-1987) and Under-Secretary General of the United Nations (1992-1993). He currently practices with K&L Gates in Washington.

Fulbright & Jaworski and Norton Rose To Join

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NAFUSA board member William J. Leone, shown above at the Atlanta conference, a partner in the Denver office of Fulbright & Jaworski, advised NAFUSA Update that his firm has entered into an agreement to combine with Norton Rose, a leading global legal practice. The combined firm will have 55 offices worldwide and 3,800 lawyers. It will be a top 10 global legal practice by gross revenue and by number of lawyers. The agreement is scheduled to be final on June 1, 2013, and the firm will be known as Norton Rose Fulbright.

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Fulbright & Jaworski was founded in 1919 in Houston. It is a leading full-service international law firm, with more than 850 lawyers in 17 locations. NAFUSA member Donald J. DeGabrielle, shown above, is also a Fulbright partner, in the Houston office.