H. M. Ray Dies at 86

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NAFUSA recently learned that H.M. Ray, who served 20 years as the United States Attorney for the Northern District of Mississippi, passed away on May 18, 2011 at the age of 86. Ray, who was nominated by John F. Kennedy in 1961, died at his home in Tupelo, Mississippi. He served under two additional Democratic administrations and two Republicans until he resigned in 1981. Ray served as chair of the Attorney General’s Advisory Committee (AGAC) 1976-77. He was a long time member of NAFUSA.

Ray served in the Army Air Corps, where he flew bombing missions in World War II. He earned his law degree at the University of Mississippi and served as a state representative from 1948 to 1951. He resumed his military service as an intelligence officer in the Air Force during the Korean War.

His survivors include sons Howard Manfred Ray of Skokie, Ill., and Mark Andrew Ray of Tupelo.

Department of Justice to Celebrate Life of Jack Keeney

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The U.S. Department of Justice will hold a celebration of the life of John “Jack” C. Keeney, former Deputy Assistant Attorney General, Criminal Division, who passed away on November 19, 2011. Keeney served in the Criminal Division for 59 years. The celebration will take place on Tuesday, January 24, 2012 from 2:00 p.m. until 3:30 p.m. in the Great Hall. All NAFUSA members are invited to attend. Please see the invitation below. If you plan to attend, please R.S.V.P. as indicated by Friday, January 20th.

 

Attorney General Appoints Eight New U.S. Attorneys to Advisory Committee

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Attorney General Eric Holder announced the appointments of eight new United States Attorneys to serve two-year terms on the Attorney General’s Advisory Committee (AGAC). The full committee is now composed of 19 members, chaired by Paul J. Fishman, left, with Loretta E. Lynch, shown below, serving as vice chair. Click here to read the release from the Department of Justice, which includes the names of all 19 members of the AGAC.

Supreme Court Set To Have Historic Year

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At NAFUSA’s yearly conference, an expert on the United States Supreme Court presents a review of the term just ended. Adam Liptak, left, who covers the court for The New York Times, gave the presentation in New York City in 2010. In an article in today’s Times entitled Court To Weigh Arizona Statute On Immigration, Liptak writes, “In the space of a month, the Supreme Court has thrust itself into the center of American political life, agreeing to hear three major cases that could help determine which party controls the House of Representatives and whether President Obama wins a second term.”

Before the NAFUSA conference in Atlanta in October, the court will have heard the Arizona immigration case, reviewed the 2010 health care overhaul law and the Texas redistricting dispute. As Liptak points out, “…the current term may be most reminiscent of the showdown between the Supreme Court and President Franklin Delano Roosevelt in 1936, when the court struck down major pieces of New Deal legislation as well as a New York law establishing a minimum wage for women and children.” On the other hand, Liptak says, “…the court may yet avoid creating political earthquakes.”

On Moday, January 9, 2012, the Supreme Court heard arguments on the major voting rights case from Texas. Liptak reported in The Times in an article entitled Justices Grapple With Voting Rights Case That Could Help Tip the House the case “could help decide the control of the House.”

What ever happens, the review of the 2011-2012 term at the Atlanta conference should be of considerable interest.

Update on New York Terrorism Panel

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At the NAFUSA annual conference in October, 2010, The New York Times reporter Charlie Savage, left, moderated a two hour panel discussion on the appropriate forum in which to prosecute terrorism cases. More than a year later the national debate on this issue remains unresolved. In a front page article on December 12, 2011, Savage reports on the dilemma confronting the Obama administration on what to do with a detainee held by the American military in Iraq. Read Detainee Poses Dilemma For U.S. As It Exits Iraq.

Subsequent to the publication of the Savage article, the U.S. military turned the prisoner over to the Iraqi government

Update on WikiLeaks Panel

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At the Santa Fe conference this past fall, the two-hour panel on WikiLeaks featured a lively discussion on whether or not there have been any serious ramifications from the extensive leaks. The debate continues and on December 8, 2011, The Wall Street Journal published an op/ed Don’t Cry for Julian Assange by Floyd Abrams, noted First Amendment lawyer. Abrams argues that Julian Assange and WikiLeaks have exhibited “persistent recklessness” in such disclosures as a classified report describing the radio-frequency jammers used in Iraq by American soldiers to cut off signals to remotely detonated explosives.

Robert Miller Authors Article on Prosecutive Discretion

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NAFUSA member Robert N. Miller served as United States Attorney for the District of Colorado from 1981-1988, after having served as District Attorney in Greeley, Colorado for ten years. Miller is now a partner in the Denver office of Perkins Coie, where he practices complex commercial litigation and white collar criminal law.

This summer Miller published an article in the ABA magazine Litigation entitled “Balancing the Duty to Prosecute and the Obligation to Do Justice”.  He draws upon several of the cases in which he was involved as U.S. Attorney.

Peter Vaira Publishes Article on Cost Guidelines for E-Discovery

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Long time NAFUSA member, Peter Vaira, has recently published an article for The Legal Intelligencer, dealing with a recent case in the Eastern District of Pennsylvania, in which one of the U.S. District Court judges discussed e-discovery techniques he found acceptable. The court upheld court costs of $510,137 for pre-trial discovery. Click here to read the Vaira article, previously published in ‘The Legal Intelligencer’, November 8, 2011.

Vaira served ten years in the Department of Justice Organized Crime and Racketeering Section, most of which as Chief, Chicago Strike Force. He served as the United States Attorney, Eastern District of Pennsylvania, 1978-1983. He is currently a member of the law firm of Vaira & Riley in Philadelphia. He is the author of Eastern District Federal Practice Rules, published annually by Gann Law Books.

NAFUSA Members Honored by Fifth Circuit for Their Roles in Historic Judicial Impeachment

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Larry Finder and Ron Woods with U.S. District Judge Sim Lake

The Fifth Circuit Court of Appeals honored NAFUSA members Ron Woods and Larry Finder at the Federal Bar Association Annual Judiciary Dinner in Houston on November 10, 2011 by presenting each a plaque with the inscription:

United States Courts Judicial Council Of The Fifth Circuit Presents To Ronald G. Woods/Lawrence D. Finder With Gratitude for Exceptional Assistance to Preserve the Integrity of the Judiciary. Presented in Houston November 10, 2011

The presenter was U.S. District Judge Sim Lake of Houston, who was appointed by the Chief Judge of the Fifth Circuit to serve on a Special Committee with Chief Judge Edith Jones and Fortunato “Pete” Benevides of the Fifth Circuit Court of Appeals to hear the evidence against U.S. District Judge G. Thomas Porteous of New Orleans.

Pursuant to Title 28, U.S.C., Section 353, the Special Committee sat as judges in trial in the Fifth Circuit Court of Appeals Courtroom in New Orleans wherein Ron Woods and Larry Finder presented the evidence they had gathered against Judge Porteous, who represented himself. After a two day trial in a closed courtroom, the evidence was then summarized and presented to the full 19 member Judicial Council of the Fifth Circuit by Woods and Finder. Judge Porteous again represented himself before the Judicial Council.

As a result, the Judicial Council removed Judge Porteous from hearing any cases involving the federal government and forwarded the entire record to the Chief Justice of the United States, as presiding officer of the Judicial Conference of the United States, with the statement that Judge Porteous has engaged in conduct that might constitute one or more grounds for impeachment under Article II of the Constitution. The Judicial Conference reviewed the evidence and forwarded it to the U.S. House of Representatives with the statement that Judge Porteous has engaged in conduct that might constitute grounds for impeachment under Article II of the Constitution. The U.S. House of Representatives reviewed the evidence and impeached Judge Porteous. A trial was conducted in the United States Senate and Judge Porteous, now represented by Jonathan Turley, was convicted and removed from office on December 8, 2010. This was only the eighth time in history that the Senate has convicted and removed an impeached judge and only the third time in history that the Senate has issued an order disqualifying a judge fromever holding a federal office again.