Passing of NAFUSA Founding Member John E. Clark

After a long and great life, NAFUSA founding member and early president John
Eugene Clark died peacefully in San Antonio, Texas, on February 13, 2024. He
was 90. John’s legal career, as a prosecutor, litigator, judge and writer, in a
combination of private law practice and public service, spanned over 50 years
and included serving as the United States Attorney for the Western District of
Texas and as a Justice of the Texas Court of Appeals (4th District).

Clark, a born and bred Texan, earned his LL.B. in 1961 from the University of
Texas School of Law following a two-year tour of active duty with the United
States Army in the Far East and three years working in private industry. He
remained a staunch supporter of the University of Texas throughout his life. In
1969, after practicing law in Austin for eight years, he moved to Washington,
D.C. and worked in the Department of Justice’s Criminal Division investigating
and prosecuting federal election fraud and illegal campaign financing cases.

Clark returned to his home state in 1971 and joined the U.S. Attorney’s Office
for the Western District of Texas as First Assistant under then U.S. Attorney
William Sessions and later, upon appointed by President Gerald Ford, as the
United States Attorney. During his tenure as U.S. Attorney 1975-1977, Clark
served on the Attorney General’s Advisory Committee.

Clark engaged in private practice until 1981 when Governor William P.
Clements, Jr. appointed him to the Texas Court of Appeals where he served
until 1983. After his return to private practice, much of his time was devoted
to his qui tam practice under the federal False Claims Act and he gained a
national reputation as an expert in the area. During his time in private practice,
Clark chaired the National Institute of Corrections’ Advisory Board and the
Texas Ethics Commission. In 2013, the San Antonio Bar Association awarded
him its Lifetime Achievement Award, the Joe Frazier Brown Award of
Excellence (see May 31, 2013 NAFUSA newsletter article).

One of the founding members of NAFUSA, Clark was a life member and
served as its third president 1982-1983. He remained devoted to the organization throughout his life, and, in fact, according to his daughter Leslie he was wearing his NAFUSA hat the day before he passed away. NAFUSA owes him a great debt for his
leadership and determination in creating this organization and contributing to its success. On February 20, 2024, a flag was flown over the Department of
Justice in John Clark’s honor and was presented to his widow Carolyn Tevis Clark and family at the funeral services on February 28 by his longtime friend NAFUSA member Ron Ederer. In addition to his devoted wife, Clark is survived by his
children, Karen Cork, Leslie Sartori, John C. Clark and Charles W. Clark,
numerous grandchildren and great-grandchildren.

Atlanta NAFUSA Members Get Together

Atlanta area NAFUSA members – who like to be called the “(unofficial) Atlanta Chapter of NAFUSA”- gathered on Wednesday February 21, 2024 at an undisclosed, but clearly fine, location. Thanks to Holly Hampton of Womble Bond Dickinson for sharing the photo with us. From left to right: current U.S. Attorney for the Northern District of Georgia, Ryan K. Buchanan; Judge William “Bill” S. Duffey, Jr. (Retired) (2001-2004); Hon. John A. Horn (King & Spalding) (2015-2017); twice-appointed former U.S. Attorney for the Northern (Atlanta 1990-1993) and Middle (Macon 1981-1986) Districts of Georgia, Joe Whitley (middle); Hon. Richard “Rick” H. Deane (Jones Day) (1998-2001); Jr., Hon. Larry D. Thompson (Finch McCranie/Retired) (1982-1986); and Hon. Robert “Bob” L. Barr, Jr. (1986-1990).

Death of Edward Tarver

Beloved NAFUSA member Edward (Ed) Tarver passed away from
complications of surgery on February 9, 2024, in Augusta, Georgia. He was 64.
His friends and colleagues remember his ready smile, infectious laughter and
his service to justice and to his community.

Ed, who was recognized as a “trailblazing black attorney and civic leader” in a
headline announcing his death in the Augusta Chronicle, led a full and
honorable life of public service. Following graduation from then Augusta
College in 1981, he entered the U.S. Army, serving a tour in South Korea in
1982 and rising to the rank of Captain. Upon his discharge from the Army in
1989, Ed followed his dream to attend law school, earning his law degree in
1991 from the University of Georgia. After graduating, he clerked for U.S.
District Court Judge Dudley Bowen in the Southern District of Georgia.

Ed rose to become a partner in the Augusta, Georgia firm Hull Barrett and
served as a State Senator from Georgia’s 22nd District from 2005-2009. In
2009, President Obama nominated him to become U.S. Attorney for the
Southern District of Georgia, becoming the first African American to hold that
position. He was sworn in by Federal Judge Bowen who praised his former law
clerk as a “man of integrity.” After resigning from the U.S. Attorney position in
2017, he cofounded the firm Enoch Tarver with his law partner Ed Enoch.

An editorial in the Savannah Morning News in 2017 named Ed Tarver “one of
the best U.S. Attorneys in a long line of professional prosecutors who have
held this important post.” In addition to his professional accomplishments. Ed
held leadership positions in community and fraternity activities including,
among many others, the Augusta Chamber of Commerce, the Leadership
Georgia Foundation’s Board of Trustees, and the East Georgia Easter Seals
Society. He was a member of Doyle Grove Missionary Baptist Church.

Ed is survived by his wife Dr. Carol Thompson Tarver, a pediatrician in Augusta,
Georgia, daughter Elizabeth Tarver and son Edward Tarver, Jr. and
stepdaughters Riley and Ryan Armant.

In accordance with NAFUSA tradition, a flag was flown in his honor over the Department of Justice on February 12, 2024.

President Biden Appoints David Hickton to the PIDB

In December 2023, President Biden appointed NAFUSA member David Hickton to
serve a three-year term on the Public Interest Declassification Board (PIDB)
beginning January 11, 2024. Hickton joins the other members of the nine-person
board who, according to the founding statute, are preeminent in the fields of
history, national security, foreign policy, intelligence policy, social science, law, or
archives.

The PIDB, which was established in 2014, advises and provides recommendations
to the President and other executive branch officials on the “systematic,
coordinated, and comprehensive identification, collection, review for
declassification, and release of declassified records and materials of historic
value…” It serves to promote the fullest possible public access to materials
without undermining the national security of the United States. Five of the nine
members are appointed by the President, and one each by the Speaker and
Minority Leader of the House, and the Majority and Minority Leaders of the
Senate. The current Chair is Mary DeRosa, a Professor from Practice and codirector of the Global Law Scholars Program at the Georgetown University Law
Center. Other members include Andrew Byrnes, Laura DeBonis, Carmen Medina,
Carter Burwell, Ezra Cohen, and Alissa Starzak.

David Hickton left the private practice of law to serve as the U.S. Attorney for the
Western District of Pennsylvania from August 2010 to November 2016, after being
nominated by President Obama. He founded the University of Pittsburgh Institute
for Cyber Law, Policy and Security in 2017 and also has faculty appointments there
as a professor in the School of Law, the School of Computing and Information, and
the Graduate School of Public Information and International Affairs. He currently
serves as Managing Trustee of the National Opioid Abatement Trust II. He is a
graduate of the Pennsylvania State University and the University of Pittsburgh
School of Law.

Russell Coleman Sworn in as Kentucky Attorney General

NAFUSA member Russell Coleman was sworn in as the Commonwealth of Kentucky’s 52nd Attorney General in a private ceremony on January 1, 2024. His wife Ashley and two of their children attended the ceremony. Coleman served as the United States Attorney for the Western District of Kentucky from 2017 to 2021.

Barbara McQuade Book Set for Release in 2024

NAFUSA Board member Barbara McQuade has written a new book, Attack from
Within, about the impact of disinformation on America, The book is set to be
released on February 24, 2024. According to pre-publishing information, Ms.
McQuade writes that America is under attack and the weapon is misinformation.
Her book explores how authoritarians throughout history have manipulated the
truth to advance their own agendas and how disinformation is impacting our
democracy.

Ms. McQuade, currently a Professor of Law at the University of Michigan Law
School, her alma mater, was the United States Attorney for the Eastern District of
Michigan from 2010 to 2017, the first woman to hold that position. She currently
sits on the NAFUSA Board of Directors as a member of the class of 2025. In
addition to being a law professor, she is also a legal analyst for NBC and MSNBC.

Attack from Within is Ms. McQuade’s first book and has already received glowing
reviews. Former U.S. Attorney General Eric H. Holder, Jr. described her book as
“…a compelling work about a challenge that–left unexamined and left
unchecked—could undermine our democracy.”

NAFUSA Membership Statistics

As its members know, NAFUSA was founded in March 1979, as a non-profit, by a
handful of former United States Attorneys with a stated purpose to “promote,
defend and further the integrity and the preservation of the litigating authority
and independence of the office of the United States Attorney…” Its first president
was co-founder Bill Mulligan, a Carter appointee from the Eastern District of
Wisconsin.

Since that time, NAFUSA has grown in numbers and to be a more diverse
organization reflecting the appointments made by the presidential administrations
and Attorneys General in the intervening years. We now have over 370 members
and continue to grow. While the chance to reconnect with former Department of
Justice (DOJ) colleagues, to obtain continuing legal education hours in beautiful
venues with great camaraderie, and to develop business opportunities remain
motivating factors for new membership, the founding principles remain the same.
NAFUSA continues to be a great value and a dynamic organization.

With every presidential election cycle, we see an influx of new members. The
largest “class” of former U.S. Attorneys to become NAFUSA members in number,
so far, are from the George W. Bush administration of whom there are currently
81 members. Following closely behind are members representing the Trump
administration with 80 members. The newest member is from the Biden
administration along with 3 others from that administration to date. There are 68
former Obama administration U.S. Attorneys, 52 from the Clinton administration
and 40 NAFUSA members from the Reagan administration. Former George Bush
administration appointees number 24 and there are 20 from the Carter
administration. Finally, we have nine NAFUSA members from the Ford
administration, eight from the Nixon administration and two from the Johnson
administration. What amazing history is reflected in our membership!

Our members include not only former U. S. Attorneys, but also FBI Directors Bob
Mueller and Chris Wray, and former Attorneys General, Deputy Attorneys General
and other high ranking DOJ officials. One of the first Attorney General members
was Dick Thornburg, who served under President Reagan.

We look forward to welcoming new members from all administrations and seeing
them at our annual conferences!

NAFUSA Board of Directors Meet in Washington, D.C.

The current NAFUSA officers and directors met in Washington, D.C. on September
6-7, for their semi-annual Board of Directors meeting. The event was hosted by
King & Spalding, of which NAFUSA President John Richter is a partner, at their
impressive offices on Pennsylvania Avenue. Sixteen directors and staff attended in
person and were treated to amazing views of the Washington Monument from
the penthouse conference room, while several members took advantage of video
conferencing to participate.

The financial report presented by the Executive Director included a summary of
the success of the NAFUSA 2023 conference in Half Moon Bay, California, (HMB)
last April. There were just under 240 registered attendees at the HMB conference,
a record attendance. There was also a record amount of sponsorship money
donated with 30 sponsors contributing a total of $262,500, including a very
generous donation from Guidepost Solutions for the Wednesday night reception.
The feedback about the conference, the programming and the beautiful location
was overwhelmingly positive.

There was considerable discussion of ways to increase NAFUSA membership, both
by recruiting new members from the current administration as they leave office
and by identifying former United States Attorneys who might be receptive to
learning about the many advantages of NAFUSA membership. One of those
advantages is, of course, ability to attend NAFUSA’s annual conferences. In
fact, planning is well underway for the next conference to be held in Oklahoma
City on September 25-27, 2024. As previously reported, the conference will be
held in a Marriott Autograph Collection hotel – the National – which is listed on
the National Register of Historic Places. NAFUSA will have the entire hotel for its
conference! A conference committee was formed at the board meeting, and ideas
and suggestions are always welcome.

At the conclusion of the business portion of the meeting, FBI Director, and lifetime
NAFUSA member, Chris Wray joined the group for informal remarks and a lively
question-and-answer session. After joking that it was a pleasure to be invited to
speak to a friendly audience, Director Wray spoke for several minutes about the
challenges facing the men and women of the FBI, as well as the often-under-reported successes that have been achieved. He also talked about FBI successes in
identifying and preventing domestic terrorism, and on the importance and
difficulty in detecting and preventing international cyber-attacks. The FBI has been
increasing its ranks of technology and cyber experts to address this threat.
Director Wray concluded by describing positive developments regarding FISA and
how crucial the information is to counterterrorism efforts. He praised the internal
audit improvements the Bureau has made and added that the FBI is seeing
positive improvement in reporting by state and locals.

Following Director Wray, DEA Administrator Anne Milgram addressed the board
through video conferencing. Her remarks followed up on her presentation at the HMB
conference with the latest developments on the fentanyl epidemic and DEA’s
efforts to stem the alarming tide of fentanyl distribution and related deaths.
Among other efforts, she described new initiatives focused on two cartels who are
laundering money for Chinese fentanyl manufacturers impacted by the limits
placed by the Chinese government on cash leaving China. DEA has set up illicit
financing teams including IRS agents to target this activity. Administrator
described the integration of the Dept of Treasury into the money laundering focus
against fentanyl distribution as a “game changer.”

Directors Meet with AG Merrick Garland

Attorney General Merrick Garland invited the NAFUSA officers and directors, who
were in Washington, D.C. for the fall board of directors meeting, to the
Department of Justice to meet with him and members of his staff. The AG hosted
the group in his conference room on Wednesday, September 6, preceding the
board meeting on Thursday.

The AG and members of his staff graciously took time to speak individually with
each of the fourteen NAFUSA members and staff present, several of whom were
familiar with AG Garland and/or had worked with him in the past. Later he
addressed the group with brief remarks, giving a nod to the dedicated employees
of the Department of Justice and their commitment to the rule of law during
challenging times. He was complimentary of NAFUSA and the opportunity it
provides for interaction with USAs from different administrations and districts. The
Attorney General also expressed a strong desire to have other opportunities to
engage with NAFUSA members.