Author Archives: Rich

Merrick Garland Confirmed as AG

 

On March 10, 2021, Merrick B. Garland was confirmed by the United States Senate to serve as the Attorney General of the United States, by a vote of 70-30.

On February 18, 2021, more than 150 former United States Attorneys and other senior Department of Justice officials signed a letter to the Senate Judiciary Committee supporting President Biden’s nomination of Judge Garland. The signers have served in 46 states and the District of Columbia under both Democratic and Republican Administrations.

Urging Senate confirmation of Judge Garland, the letter states:

The work and reputation of the Department of Justice are as important as they have ever been. Judge Garland is the right person to ensure the fair administration of justice, whether related to national security, public integrity, civil rights, antitrust, crime, or other pressing issues. He is also the right person to do so with integrity, humility, and a complete understanding of the substantial responsibility on his shoulders at this time. As Judge Garland himself expressed when he was nominated, the rule of law is the very foundation of our democracy. And we can unequivocally state that Judge Garland is the right person to ensure that the rule of law remains, in our national consciousness, one of our most deeply-held values.

Click here to review the letter and the list of signatories: Letter for AG Nominee Garland

 

On February 8, 2021, a bipartisan letter from over 100 former Unites States Attorneys who served over the  past six decades was delivered to Chairman Durbin and Ranking Member Grassley in support of President Biden’s nomination of Lisa A. Monaco for Deputy Attorney General.

 

Ms. Monaco’s record of service and accomplishment makes her ideally suited to serve as Deputy Attorney General. We applaud President Biden for nominating someone of such caliber: a dedicated public servant who is universally heralded for her legal acumen, her strong analytical and leadership abilities, her integrity and humility, and her utter dedication to the rule of law and to the independence and excellence of the Justice Department. We give her nomination our unqualified endorsement, and we urge the Judiciary Committee and the United States Senate to promptly confirm Ms. Monaco as the next Deputy Attorney General of the United States.

Click here to review the letter and a list of signatories: Monaco USA Letter 02.08.21

U.S. Attorney Transition Begins

Monty Wilkinson

On February 9, 2021 Acting Attorney General Monty Wilkinson announced that continuing the practice of new administrations, President Biden and the Department of Justice have begun the transition process for the U.S. Attorneys.

“We are committed to ensuring a seamless transition. Until U.S. Attorney nominees are confirmed, the interim and acting leaders in the U.S. Attorneys’ Offices will make sure that the department continues to accomplish its critical law enforcement mission, vigorously defend the rule of law and pursue the fair and impartial administration of justice for all,” said Wilkinson.

According to the Office of Public Affairs, earlier this year, nearly all presidential appointees from the previous administration offered their resignations, though U.S. Attorneys and U.S. Marshals were asked to temporarily remain in place. Prior to the beginning of this U.S. Attorney transition process, approximately one-third of the U.S. Attorneys’ Offices were already led by acting or interim leadership.

The Wall Street Journal and The New York Times reported that Wilkinson plans to ask the remaining holdover U.S. Attorneys appointed by President Trump to resign. Exempt from the decision, however, are two top prosecutors overseeing politically sensitive inquiries, including U.S. Attorney David Weiss, whose office is conducting a criminal tax investigation into Hunter Biden. John Durham is expected to remain as a special counsel overseeing a wide-ranging inquiry into the origins of the FBI’s 2016 Russia investigation, He was appointed to that position by former Attorney General William Barr in December, 2020. Durham is expected to step down as the U.S. Attorney for Connecticut.

NAFUSA has welcomed 17 new members from the Trump Administration, including three life members. More are expected as the transition continues.

Paul Murphy, Former Chief of Staff to FBI Director, Returns to King & Spalding

King & Spalding announced that NAFUSA member Paul Murphy, who most recently served as Chief of Staff to FBI Director Chris Wray, has rejoined the firm as a partner on the Special Matters and Government Investigations team. King & Spalding now has eight former United States Attorneys with Murphy joining John Richter, Zach Fardon, Craig Carpenito, Rod Rosenstein, John Horn, Sally Yates and Jim Vines.

Murphy, who is based in the Atlanta and the Washington, D.C. offices, was a King & Spalding partner from 2004 to 2019, when he took his position with the FBI. At the firm, he counseled clients in a wide array of industries and helped them navigate their most sensitive legal challenges, including white-collar criminal defense matters, civil investigations, internal corporate investigations and corporate compliance reviews. He also represented clients in litigation under federal and state False Claims Acts, as well as in other civil fraud matters.

“We are thrilled to have Paul back on our team,” said Zach Fardon, chair of King & Spalding’s Government Matters practice group, of which the Special Matters and Government Investigations team is a part. “Paul has long been recognized by clients as a great lawyer, counselor and strategist. His FBI experience will be a further boon to our Special Matters and investigations clients, and will add strength to other practices such as our National Security team.”

During his FBI tenure, Murphy worked on a daily basis with Director Wray on all issues before the agency, including white collar enforcement issues regularly facing private sector clients. Murphy has previously held several roles with the Department of Justice, including as the U.S. Attorney for the Southern District of Georgia. Paul also served as an Associate Deputy Attorney General and later as the Chief of Staff to then-Deputy Attorney General Larry Thompson. He started at King & Spalding as an associate in 1988 and had become a partner by the time he started his first position at the DOJ.

Murphy has been recognized as a leading white-collar criminal defense attorney by several publications, including Best Lawyers and Chambers USA. He earned his JD, magna cum laude, from the University of Georgia and received his undergraduate degree from Vanderbilt University, also magna cum laude.

“I’m so fortunate to have had a front-row seat to see King & Spalding’s growth over many years, and I’ve always been impressed by its world-class investigations practice and supportive, truly collaborative environment,” Murphy said. “The firm’s remarkable growth has continued during my service at the FBI, and I am excited to be rejoining my top-notch colleagues here to represent our clients and come up with solutions to their most pressing legal needs.”

 

Mike Hurst Joins NAFUSA and Phelps

Phelps announced on February 1, 2021, that Mike Hurst, the immediate past U.S. Attorney for the Southern District of Mississippi, has become a litigation partner at the firm. Hurst, who will work from the Jackson office, joins three other former U.S. Attorneys in Phelps’ acclaimed litigation group. He will also be the fourth NAFUSA member at Phelps, joining Walt Green, Brian Albritton and Harry Rosenberg.

Mike served as U.S. Attorney from 2017 until early this year. Under his leadership, the Southern District of Mississippi increased prosecutions by 178%, almost tripling the number from just three years earlier, while saving American taxpayers over $1.7 million.

Notable prosecutions during his tenure included some of the largest cases in Mississippi history: the largest health care fraud scheme (Wade Walters, et. al.), the largest Ponzi scheme (Lamar Adams), the largest False Claims Act health care fraud settlement (Region 8), and the largest nursing home False Claim Act settlement (Hyperion). In addition, as Chief Federal Law Enforcement Officer for the Southern District, Hurst oversaw the largest single-state immigration worksite enforcement operation in our nation’s history, involving seven different locations operated by multiple companies. While United States Attorney, Hurst personally argued before the U.S. Court of Appeals for the Fifth Circuit, and, previously as an Assistant U.S. Attorney, he handled some of the most complex cases in the office, dealing with white collar crimes, public corruption and financial fraud, including numerous jury trials before almost every federal judge in the Southern District.

“Mike has shown himself capable of getting results in the most complicated, high-pressure cases around. His courtroom skills and his relationships with the federal judiciary will be of great benefit to our clients,” said Phelps Managing Partner Marshall Redmon.

At Phelps, Mike will handle both civil and criminal litigation, putting his years of experience before judges and juries to work. While based in Mississippi, he will be involved in litigation matters for clients throughout the Gulf South.

“Phelps has an incredible reputation in litigation, both in Jackson and throughout the region, and I am excited to join these litigators in helping clients both inside and outside the courtroom,” said Hurst. “I believe my experience in government, both as a federal prosecutor and as counsel on Capitol Hill, will be invaluable to those who are facing investigations, government enforcement actions, public policy issues, or other complex legal situations.”

Prior to 2017, Hurst served for more than eight years as an Assistant U.S. Attorney for the Southern District of Mississippi, as Director of the Mississippi Justice Institute, as General Counsel for the Mississippi Center for Public Policy, as Legislative Director to a U.S. Congressman, as Counsel to the House Judiciary Committee, and in private practice. He is a graduate of George Washington University Law School, Millsaps College, and East Central Community College.

Ten Former U.S. Attorneys Join Supreme Court Amicus Brief

On January 25, 2021, Robins Kaplan LLP filed an amicus brief in the United States Supreme Court that the firm is handling pro bono on behalf of a group of former United States Attorneys. The case, United States v. Cooley, concerns the scope of tribal law enforcement’s search and seizure authority over non-Natives on the Reservation.

“As former U.S. Attorneys who prosecuted federal crimes on Reservations, the ten amici in this brief are all deeply familiar with the jurisdictional challenges facing federal, state, and tribal law enforcement officers and prosecutors as they endeavor to fight crime in those communities,” says NAFUSA member Tim Purdon. “I am pleased to have the firm support us on this important pro bono matter which will help strengthen public safety for American Indian Tribes across the country.” Tim is joined by his partner, NAFUSA member Brendan Johnson as amici.

Robins Kaplan’s pro bono program has a long-standing commitment to representing American Indian Tribes across the U.S. The firm’s work on behalf of Tribes includes representation of the Rosebud Sioux Tribe in a lawsuit against the federal government after it closed the only hospital emergency room on the Rosebud reservation and an important North Dakota Voting Rights case for the Standing Rock Sioux Tribe and the Spirit Lake Nation. This work has earned the firm recognition on the National Law Journal’s Pro Bono Hot List.

Click here to review the amicus with a list of the 10 former U.S. Attorneys involved: Robins Kaplan amicus

Whitley Interviewed on ABA Criminal Justice Section Podcast

Joe D Whitley Photo - resized

The ABA Criminal Justice Section’s Podcast “The JustPod” interviewed NAFUSA member Joe Whitley on the events at the Capitol on January 6th. Click here to listen to: January 6th: A Review of Criminal Liability  Whitley discusses voter fraud and where and with whom there is potential criminal liability over the events of that day. Whitely, currently a partner at Baker Donelson, was the first General Counsel of the United States Department of Homeland Security.

Former DOJ Officials Support Mayorkas Confirmation

On January 14, 2021, a group of eighty-five former senior officials of the United States Department of Justice who have served in the administrations of both political parties signed a letter to the Senate Committee on Homeland Security and Governmental Affairs in support of the confirmation of NAFUSA member Ali Mayorkas to serve as secretary of the Department of Homeland Security. Click here to review the letter: Mayorkas DOJ Letter

WSJ: White House Forced Atlanta US Attorney to Resign

U.S. Attorney Byung J. Pak/Photo by Bob Andres/Atlanta Journal-Constitution/Associated Press

The Wall Street Journal reported on January 9, 2021, that “White House officials pushed Atlanta’s top federal prosecutor to resign before Georgia’s U.S. Senate runoffs because President Trump was upset he wasn’t doing enough to investigate the president’s unproven claims of election fraud, people familiar with the matter said.”

U.S. Attorney for the Northern District of Georgia Byung J. Pak resigned abruptly on Monday before the runoffs, telling his staff that it was due to “unforeseen circumstances.” President Trump then put the U.S. Attorney for the Southern District of Georgia, Bobby L. Christine, in charge of both districts. According to an audio recording obtained by the Atlanta Journal-Constitution, Christine declared on a call with his staff on Monday, January 11, that “there’s just nothing to” the few claims of fraud the office was examining.

The Journal article referenced that before Attorney General William Barr left office he said “the Justice Department hadn’t found evidence of widespread voter fraud that could reverse the election of Mr. Biden’s victory, including claims of fraud, ballot destruction and voting-machine destruction.” The Journal also noted that the during Trump’s January 2 call to Georgia’s secretary of state, Brad Raffensperger, the president complained that Mr. Pak was a “Never Trumper.”

Click here to read the full WSJ article White House Forced Georgia U.S. Attorney to Resign

 

Judge Garland Nominated to Serve as AG

January 6, 2021 may have been the infamous date of the attack on the United States Capitol, but it was also the day President Elect Biden announced four key nominations for the Department of Justice. Judge Merrick Garland of the United States Court of Appeals for the District of Columbia, is Biden’s choice for Attorney General.

Judge Garland is the former Chief Judge of the DC Circuit and has served on the that Circuit since 1997. He attended Harvard University for his undergraduate and legal education. He served as a law clerk to Judge Henry J. Friendly of the Second Circuit and for Justice William J. Brennan Jr. of the Supreme Court. Judge Garland also served in the Department of Justice as a special assistant to Attorney General Benjamin Civiletti, 1979-1981. In 1989 he returned to the Department as an Assistant United States Attorney in the DC’s U.S. Attorney’s office. In 1993, he became a deputy assistant attorney general in the Criminal Division at Main Justice and in 1994 was named the principal deputy associate attorney general under DAG Jamie Gorelick.

 

Lisa Monaco will be nominated to serve as Deputy Attorney General. She served in the Department of Justice for fifteen years, spending the majority of her time as a career federal prosecutor and eventually being appointed Associate Deputy Attorney General; Principal Associate Deputy Attorney General; and the first woman confirmed as Assistant Attorney General for National Security. She has also served as Counsel and Chief of Staff to then-FBI Director Robert Mueller and White House Homeland Security and Counterterrorism Advisor. She earned her Juris Doctor at the the University of Chicago Law School.

Vanita Gupta will be nominated to serve as Associate Attorney General. She has served as the Acting Assistant Attorney General for Civil Rights in the Obama-Biden Administration. She is the president and chief executive officer of The Leadership Conference on Civil and Human Rights Civil Rights Coalition. She earned her Juris Doctor at New York University.

 

Kristen Clarke has been named to serve as Assistant Attorney General for Civil Rights. She started in career as a career attorney in the Civil Rights Division. She is currently the president and executive director of the National Lawyers’ Committee for Civil Rights Law and has served as the head of he Civil Rights Bureau for the New York State Attorney General’s Office. She earned her law degree from Harvard University.