NAFUSA member Peter Vaira has published an article in The Legal Intelligencer entitled “Leadership as a Law School Class: Understanding What It Is and What It Is Not.” Vaira describes how “Duquesne University Law School now offers a full school year class in leadership. There is no particular law subject involved, just the concept of leader
Vaira is a member of Greenblatt, Pierce, Funt & Flores. He served as the United States Attorney for the ED of Pennsylvania 1978-1983.
Judge Robert J Conrad, Jr. (U.S. District Judge for the Western District of North Carolina) has published a new book John Fisher and Thomas More: Keeping Their Souls While Losing Their Heads. Nearly 500 years after the deaths of the Saints, Judge Conrad examines their lives in a collection of stories “demonstrating how their sanctity and integrity carried them and those who loved them through tumultuous and heart-wrenching times which, perhaps surprisingly, bear a striking resemblance to the present epoch.”
Judge Conrad served as the United States Attorney for the WD of North Carolina from 2001 to 2004. He spoke on the Berger case and in particular Justice Sutherland’s quote on the role of a United States Attorney to seek justice at NAFUSA’s 2016 conference om San Diego.
At War with Corruption is the biography of Bill Price, former U.S. Attorney for the Western District of Oklahoma. Written by Michael J. Hightower, with a foreword by Oklahoma governor and NAFUSA member (ND Oklahoma 1981-1983) Frank Keating, the book details Price’s career in law and politics, which serves as a portal into corruption in Oklahoma. Episodes in that narrative include land swindles (soonerism) at the dawn of Oklahoma history; theft of Native Americans’ property and steamrolling of their cultures that reached a nadir in the Osage murders; the Supreme Court scandal of 1964–65; Leo Winters’ alleged misuse of state taxes (what was the treasurer doing with the people’s money?); Governor David Hall’s trial and conviction on charges of extortion; prosecutions of drug syndicates, Penn Square Bank insiders, and Oklahoma Corporation Commissioners on the take; and the systemic bribery in county governance that inspired this book. The book can be purchased on Amazon here.
The White House announced at the end of the day yesterday that NAFUSA Vice President Ken Wainstein will be nominated as Department of Homeland Security Under Secretary for Intelligence and Analysis. In addition to serving as United States Attorney for the District of Columbia (2004-2006), Ken has served as the Homeland Security Advisor to former President George W. Bush; the first assistant attorney general for national security at the Department of Justice; and chief of staff and general counsel at the FBI.
“Ken has decades of government experience at the highest levels. His deep expertise in national security, counterterrorism, and intelligence matters will benefit our Department and our Nation if he is confirmed,” Homeland Security and NAFUSA member Alejandro Mayorkas said in a statement.
Wainstein is currently a partner at the law firm Davis Polk & Wardwell.
Gustave Diamond, 93, former United States District Judge for the Western District of Pennsylvania and who served as the United States Attorney for the District (1963-1969) passed away at his home in McMurray, Pennsylvania on Saturday, October 30, 2021.
Judge Diamond attended Duke University on a football scholarship. He left Duke in 1946 to join the United States Navy, serving until 1948. Upon discharge from military service, he returned to Duke to finish his education under the GI Bill, graduated in 1951, and then worked at J&L Steel for one year before beginning night classes at Duquesne University School of Law.
After graduating from Duquesne in 1956, Judge Diamond served as a law clerk to federal Judge Rabe F. Marsh until 1961. Following his clerkship, he joined the United States Attorney’s Office in the Western District of Pennsylvania as an Assistant United States Attorney and then First Assistant. He was appointed the United States Attorney for this District in February 1963, serving for a time under U.S. Attorney General Robert F. Kennedy, and he remained in that office until June 1969. He subsequently was in private practice in Pittsburgh and Washington County until 1978.
President Jimmy Carter appointed Diamond to the United States District Court for the Western District of Pennsylvania in 1978, and he later served as Chief Judge of the Court for two years. One of the most highly publicized cases he presided over was United States v. Curtis Strong, tried in 1985, which involved the sale of cocaine to well-known Major League Baseball players, who had been granted immunity from prosecution in exchange for their testimony. The case attracted national interest, and the courtroom was filled to capacity for every court session, with half reserved for members of news media from around the country who covered the proceedings. Judge Diamond assumed Senior Judge status in 1994, and he maintained a full criminal case docket until his retirement on January 24, 2017.
During his 39 years on the bench, Judge Diamond was especially proud to have chaired the U.S. Judicial Conference Committee on Defender Services for five years. He also was extremely honored to have received the Century Club award as one of Duquesne University’s 100 outstanding graduates of its first century, the prestigious Solon Award of the American Hellenic Educational Progressive Association in 1993, the Ellis Island Medal of Honor in 1998, and the Robert E. Dauer Award for Judicial Excellence given by Amen Corner in 2012.
Judge Diamond relished his time serving as a federal district judge and often commented that there was never a day that he was not happy to go to work. He made an indelible mark on the legal community in Western Pennsylvania and beyond, inspiring all who were fortunate enough to have worked with him as a colleague, served as one of his law clerks, tried cases before him, interacted with him in the courthouse, or knew him as a friend.
Judge Diamond is survived by his beloved wife of 48 years, Emma Scarton Yoney Diamond; daughter, Margaret Ann Diamond; grandson Elias Gustave Diamond; and brothers Nicholas Diamond and Stanley Diamond.
Funeral service will be held at Holy Cross Greek Orthodox Church, 123 Gilkeson Road, Pittsburgh, Pennsylvania on Wednesday, November 3, 2021, 10-11AM. As is our custom, NAFUSA will request that an American flag be flown over Main Justice in Judge Diamond’s honor. It will be presented to his family as a token of the esteem with which he was held by his colleagues.
Judge Diamond is shown below with Attorney General Holder and NAFUSA member David Hickton (WD PA 2010-2016) who clerked for Judge Diamond (1981-1983)
NAFUSA sponsor Affiliated Monitors, Inc. has been producing a number of excellent podcasts. On Episode 19, NAFUSA Past President Don Stern interviews another NAFUSA Past President, Paul Coggins, about Paul’s practice and his writing career. Paul has recently published his second Cash McCahill novel, The Eye of the Tigress.
Click here to to go directly to a player with the podcast:
Long time NAFUSA member and former member of the board of directors, John Donaldson Foster (“”Don””), age 76, died peacefully on October 23rd in Mobile, Alabama after battling a long illness. He is survived by his wife, Kathy Quina Foster of Mobile, AL, his sister, Dr. Patricia Ann Foster (David) of Iowa City, IA; his children, Dr. Meredith Foster Herlong (Warren) of Fairhope, AL and John Harlan Foster (Marti) of Point Clear, AL; his step children Marion Albert Quina, III (Margie) of Nashville, TN and Elliott Richardson Quina (Kellie), of Mobile, AL; six grandchildren, Foster Horton, Emory Horton, Pierce Horton, Johnny Foster, Marykate Foster, and Harrison Foster; and four step grandchildren, Lauren Quina, Byers Quina, Elliott Quina, and Sage Quina.
Don was born in Mobile, Alabama. He moved to Foley, Alabama as a child and later attended Foley High School where he excelled in several sports, including football and baseball. During his career as a running back on the football team, Don and teammate Kenny Stabler led the Foley Lions to multiple state championships during an unrivaled era of football dominance for the school. Don still holds the career touchdown record to this day. Upon graduation from Foley High School in 1963 as an All-American High School Athlete, he attended Georgia Tech on a football scholarship, where he was coached by the legendary Bobby Dodd. After graduating with a BS from Georgia Tech in 1967, he then attended the University of Alabama law school and received his law degree in 1971. He also served in the U.S. Army Reserves from 1971-1975 where he achieved the rank of Captain.
Don was admitted to the Alabama Bar Association in 1971 and embarked upon what was to become a prolific legal career. He began work with the Mobile firm Gallalee, Denniston & Edington, where he practiced for several years before forming his own law firm in Baldwin County. Over the course of his long career, Don practiced in a variety of legal areas and was highly regarded by his peers for both his skills in the courtroom and his integrity in all areas of life. During his career, he practiced in many jurisdictions, was elected as Bar Commissioner by the Alabama State Bar, was appointed to the Alabama Judicial Inquiry Commission, and in January 1995 was appointed by President Bill Clinton to serve as the United States Attorney for the Southern District of Alabama. After his tenure as U.S. Attorney, he returned to private practice as co-founder of the firm Jackson & Foster, LLC, where he practiced until his retirement a few years ago.
A beloved husband, father and grandfather, Don was devoted to family, the practice of law, the University of Alabama, and many other civic causes where he left his mark as part of the fabric of his community. Don was known for his big smile, quick wit, and keen intellect. He will be deeply missed.
In lieu of flowers the family requests donations be sent to the Parkinson’s Foundation or a charity of choice.
A celebration of life will be held at Christ United Methodist Church (6101 Grelot Road in Mobile) on Wednesday, October 27 at 1:00pm followed by a reception for friends and family members at the Country Club of Mobile.
As is our custom, at NAFUSA’s request an American flag was flown over Main Justice today in Don’s honor. It will be presented to his family as a token of the esteem with which he was held by his colleagues.
Flag flown over Main Justice on October 26 in honor of J. Don Foster
The Department of Justice announced on Monday, October 11, 2021, that the reward for information to help solve the assassination of Assistant U.S. Attorney Thomas Wales in 2001 has been increased to $2,523,000. Of that amount, $523,000 has been pledged by the NAFUSA Foundation. The announcement was made Monday morning during a ceremony marking the 20th anniversary of Wales’ murder is his Seattle home. In addition, the Department announced it was returning control of the investigation to the U.S. Attorney’s Office in Seattle. Wales was shot while sitting at a computer in the basement of his home.
Monday’s action by the Justice Department followed a meeting last week when all the living former United States Attorneys in the Western District of Washington (Mayor Jenny Durkan, Mike McKay, John McKay, Brian Moran, Jeff Sullivan and Annette Hayes) met with Deputy Attorney General Lisa Monaco to discuss the need to keep the investigation active and open. The Department responded with an increase of $1M in the reward and a lifting of the recusal of the U.S. Attorney’s Office in the Western District. Mike McKay is a former president of NAFUSA and for many years served as the president of the NAFUSA Foundation. In that capacity, Mike led the effort to raise $523,000 in pledges and to continue to encourage this long standing effort to bring justice to this terrible crime.
Former United States Attorney Leon Kellner (SD Florida 1985-1988) died at his home in Coral Gables on Tuesday, October 5, 2021, after battling pancreatic cancer. He was raised by Jewish parents who escaped Nazi Germany and settled in New York City. He practiced law at Anderson Russell Kill & Olick. Kellner was an experienced trial attorney in New York when his former Harvard Law School roommate, then U.S Attorney Stanley Marcus recruited him to come to Miami and join his staff.
The Miami Herald reported that Kellner was a highly sought after litigator in New York, which is why Marcus recruited him. Kellner served as the chief of the civil division, then as executive assistant and first assistant before becoming the United States Attorney in 1985. His office successfully indicted former Panamanian dictator Manuel Noriega, who served 17 years in federal prison. Other highlights of time as U.S Attorney included successful prosecution of the Medellin Cartel and members of the “Miami River Cops.”
“He was a first-rate U.S. Attorney,” Marcus told the Herald. Marcus went on to serve as a federal district court judge, and on the 11th Circuit Court of Appeals, where he remains today.
Kellner is survived by his wife, Ellen, two daughters and four grandchildren. As is our custom, NAFUSA will arrange for an American flag to be flown over Main Justice in Leon’s honor and presented to his family as a token of the esteem with which he was held by his colleagues.
NAFUSA member Peter Vaira has published an article in The Legal Intelligencer entitled “Leadership as a Law School Class: Understanding What It Is and What It Is Not.” Vaira describes how “Duquesne University Law School now offers a full school year class in leadership. There is no particular law subject involved, just the concept of leader
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