Donn F. Baker, age 71, died as a victim of Covid-19 on Thursday, November 12, 2020 in Oklahoma City, Oklahoma. Donn served as the United States Attorney for the ED of Oklahoma (1984-1985). He joined the U.S. Attorney’s Office in 1982 and served as an AUSA until he became the U.S. Attorney. He had served as an Assistant District Attorney in Tahlequah before his federal service. After he left office, Donn went into private practice in Tahlequah, where he has practiced law for over 35 years and served as the City of Tahlequah Judge. Donn was recently inducted as a fellow into the American College of Trial Lawyers. He was described as a legend in northeastern Oklahoma.
Donn is survived by his wife of 49 years, Sharon Greenhaw Baker, his son, Jeffrey Donn Baker, and daughter, Sherri K. Cometti. The funeral was held on November 16. As is our custom, at the request of NAFUSA, an American flag was flown over Main Justice and will be presented to his family as a token of the regard with which Donn was held by his colleagues.
The Biden-Harris Transition announced their Agency Review Teams this week and two NAFUSA members were included on the 29 member Department of Justice Team. Former NAFUSA board member Neil MacBride (ED Virginia 2009-2013) and member Barb McQuade (ED Michigan 2010-2017) have been added to the DOJ team.
MacBride is currently a partner at Davis Polk & Wardwell LLP and McQuade is teaching at the University of Michigan Law School.
Long time NAFUSA member, former board member and past officer Doug Jones (ND Alabama 1997-2001) and former Acting Attorney General and Deputy Attorney General Sally Yates (US Attorney ND Georgia 2010-2015) are among the persons being seriously considered for Attorney General in the Biden Administration. Senator Jones unfortunately was not reelected to the Senate seat in Alabama.
James R. Williams, who served as the United States Attorney for the Northern District of Ohio (1978-1982) passed away on Friday, November 6, 2020. He was 88. He also served as an Akron Municipal Court judge, a member of the Akron City Council, and Summit County’s first Black Common Please Court judge. He was a civil rights leader and an officer with the Akron and Ohio branches of the NAACP. Ebony magazine named Williams one of the 100 most influential Black Americans.
Williams was preceded in death by his first wife, Catherine. He is survived by his wife, Jewell Cardwell-Williams and two children, Michael and Jacqueline, and four grandchildren.
As is our custom, NAFUSA will arrange for an American flag to be flown over Main Justice in James’ honor as a token of the esteem with which he was held by his colleagues.
Catching up with long time NAFUSA members, we found Stephen D. Easton (North Dakota 1990-1993) was named President of Dickinson State University in March of this year. He was selected by the North Dakota State Board of Higher Education as the 13th president of DSU. He had served as the University’s interim president since December, 2019.
Board Chair Nick Hacker said, “President Easton has proven that he can lead during difficult times and the Board has confidence that he can bring Dickinson State University to the next level to meet the new dual mission model that is certain to serve student and workforce needs now and into the future.”
During his interview, Easton talked about his leadership philosophy. “My dad, a DSU grad and longtime college administrator, taught me to put students first, whenever possible. Dickinson State is blessed with a staff and faculty dedicated to that philosophy. This unusual and challenging semester demonstrates their commitment to our students. It is inspiring to see DSU’s staff and faculty working overtime to continue the quality education of DSU’s wonderful students, even though we cannot meet with those students face-to-face in traditional classrooms the rest of the semester.”
Easton has a strong personal connection to Dickinson State University. Easton, who graduated summa cum laude from DSU in 1980 with a bachelor’s degree in Business Administration and Accounting, and a minor in political science, was the third generation of his family to choose Dickinson State. His son became the most recent Easton to graduate from DSU in 2016.
After earning his undergraduate degree at DSU, Easton enrolled in Stanford Law School where he earned his Juris Doctorate in 1983. Easton practiced law for almost 20 years before returning to higher education as a professor and administrator.
“It is a huge honor to be given the chance to continue to work with Dickinson State’s students, faculty, staff, and other supporters,” said Easton. “In my short time back, I have been very impressed by the can-do spirit of DSU. Right now, during a challenging semester for DSU and other colleges, DSU staff, faculty, and students are shining. Their creativity and hard work in transitioning to the temporary online learning environment are awe-inspiring. It is unfortunate that everyone does not have the opportunity I have to see that hard work and creativity. What a special place our beloved college on the hill is!”
On October 28, 2020, NAFUSA successfully held its first Webinar, thanks to the technical and financial support of King & Spalding LLP. NAFUSA President Paul Coggins moderated a lively discussion with Erin Nealy Cox, the United States Attorney for the Northern District of Texas and the chair of the Attorney General’s Advisory Committee (AGAC) and Corey Ellis, the Senior Official performing the duties of the Director of the Executive Office for United States Attorneys (EOUSA). Paul was particularly pleased to introduce Erin, whom he had hired as an AUSA when he was the U.S. Attorney for the ND of Texas.
The discussion opened with the subject of the challenge of the pandemic upon U.S. Attorney offices and the Department of Justice. Erin mentioned that she has been in the office every day and Covid has impacted every issue confronting her office and the offices around the country. For the first four weeks of the pandemic there were no grand juries, but now there are five a month in her district. The grand juries use larger rooms and masks, and there have been no issues on attendance. The practice has been similar in other districts, although the practice varies from district to district. It is not possible to have a full virtual grand jury.
Erin Nealy Cox
As for trials and the Speedy Trial Act, there has been no legislative change. There is a standing order in every district. There have been multiple trials cross country. They look very different with plexiglass, masks, spread out, computer in place of bench conferences. Jury trials are decreasing, though less in the civil field, with some ebb and flow. There has been a decline in tax cases, caused by few agents, fewer audits- driven by lower IRS budgets.
As for prospective priorities and resources, Erin mentioned violent crime increases and more proactive work, including covid fraud. As for legislative priorities, lawful access to technology remains a big concern of DOJ.
Cory Frazier Ellis
How is DOJ dealing with the potential loss of trust in institutions? Erin cited Project Safe Neighborhoods- an increase in involvement in local communities, “it helps when they know us.” Corey said “we have to focus on our mission- on the work; not the rhetoric.”
Morale problems during covid? No office in the country is closed. The management offices at Main Justice are full. It can be tough when peers are working at home. Erin stressed the need for communication and occasional virtual happy hours.
On the civil side, Erin stressed that her office is more proactive. Corey said civil case loads are higher than ever- increasing cases of nursing home fraud, elder fraud, sexual harassment in housing.
It has been a NAFUSA custom for several years to have the heads of the AGAC and EOUSA address our annual conferences. Paul closed the hour by thanking Erin and Corey for participating, albeit it virtually. Paul stated that we hope to have additional webinars until we are once again able to meet in person.
On October 3, 2020, the NAFUSA Board of Directors met virtually via a Zoom call, led by President Paul Coggins. Rich Rossman reported on the finances, which remain strong, despite the cancellation of the annual meeting due to Covid 19 concerns. The 18 sponsors who had advanced funds for the 2020 conference planned for New York refused our offer of rebates, giving us sufficient funds for the year and a head start for 2021. These sponsors were told their sponsorships would be good for 2020 and 2021 without the expectation of additional contributions for 2021. Although we have fewer sponsors than normal, we are hopeful that the longstanding sponsors who did not participate this year will return as soon as pandemic concerns stabilize.
Lisa Rafferty reported that she was able to obtain full refunds for the deposits paid to the hotels for the cancelled 2020 board meeting (the Four Seasons in Austin) and conference (the Hilton in New York). Lisa also advised the board that 54 members have yet to pay dues this year, which is much higher than usual. She speculates that the work-from-home during the Covid crisis may have caused some members to overlook their dues this year. If dues are not paid by December 31, members become inactive and are removed from the member directory. They will, however, remain on the newsletter subscription list with hope that they stay in touch and consider rejoining.
Jack Selden reported that we currently have 312 active members, including five Trump appointees who have recently joined.
Plans were made for NAFUSA’s first webinar, to be held later in the month.
The board then held a lengthy discussion of public position guidelines. Paul Coggins raised the question on how the Board should go about considering proposals for the Board to issue public statements on current issues. Such proposals are fairly rare, and Board statements are much rarer, with the last two being one on the U.S. Attorney firings in 2007 and one this summer on the killing of George Floyd. The Board agreed to design a process for Board statements without any membership approval requirement, and to maintain the current practice of requiring a supermajority (75%) of the Board before approving a Board statement. The Floyd statement was approved unanimously.
Tentatively the Board plans to meet in the spring of 2021 in Austin, Texas and the conference in the fall in New York City. The 2022 conference will likely be held in Washington, DC and the 2023 conference in San Francisco or Los Angeles.
Jessie Liu is NAFUSA’s newest member. Skadden has also announced that she has joined the firm’s Washington, D.C. litigation practice. Ms. Liu’s practice will encompass white collar and government enforcement matters, including defending government investigations and conducting internal investigations; representing companies and individuals in connection with complex civil litigation, particularly in government-facing civil litigation; and providing crisis-management counseling.
In 2017, Ms. Liu was unanimously confirmed by the Senate to serve as U.S. attorney for the District of Columbia. In that position, she led the largest U.S. Attorney’s Office in the country, which employs more than 350 assistant U.S. attorneys. As U.S. attorney, she supervised criminal and civil litigation in the U.S. District Court for the District of Columbia, U.S. Court of Appeals for the District of Columbia Circuit, Superior Court of the District of Columbia and District of Columbia Court of Appeals. She also served from 2017 to 2020 on the Attorney General’s Advisory Committee, a small group of U.S. attorneys who advise the attorney general and deputy attorney general on issues affecting the U.S. Attorneys’ Offices, including as chair of the committee from 2019 to 2020. In 2107, she welcomed NAFUSA members to Washington, DC at the opening of the Annual Conference. She also spoke in San Francisco at the 2019 Annual Conference in her role as then Chair of the AGAC.
Prior to joining the U.S. Attorney’s Office, Ms. Liu was deputy general counsel for the U.S. Department of the Treasury (2017). In that role, she provided legal and policy advice to the Treasury secretary and other senior department officials, with a focus on national security, law enforcement and international issues, such as economic and trade sanctions, anti-money laundering efforts, and national security reviews of foreign acquisitions of U.S. businesses by the Committee on Foreign Investment in the United States. Between 2006 and 2009, Ms. Liu served in various roles within the U.S. Department of Justice, including as deputy assistant attorney general in the Civil Rights Division, counsel to the deputy attorney general for national security issues, and deputy chief of staff for the National Security Division. From 2002 to 2006, she was an assistant United States attorney in the District of Columbia.
“Jessie’s extensive experience in public service as well as in private practice will be of tremendous value to our clients. Her track record of handling significant enforcement matters in the past two decades will make her an excellent addition to our litigation practice,” said Jessica Hough, leader of Skadden’s Washington, D.C. office.
“We are thrilled to welcome Jessie to Skadden, where she joins a roster of other former prosecutors who counsel our clients in their most high-profile government enforcement and crisis issues,” said David Meister, leader of Skadden’s New York government enforcement and white collar practice. “Her government experience will be extremely valuable.”
“I am delighted to have the opportunity to join such an impressive group of attorneys, and look forward to working with them to best utilize my skills and experience on behalf of firm clients,” Ms. Liu said.
Ms. Liu has worked as a partner in the white collar defense practices at other major law firms, and she began her legal career in 1998 as a law clerk for then-Chief Judge Carolyn Dineen King of the U.S. Court of Appeals for the Fifth Circuit. She has been recognized nationally by Chambers USA, as a White Collar Trailblazer by The National Law Journal and among the Top 100 Women in Investigations by Global Investigations Review. She is a member of The American Law Institute and the National Association of Former United States Attorneys. She also serves on the executive committee of the Edward Bennett Williams Inn of Court and the board of the Historical Society of the District of Columbia Circuit. A graduate of Yale Law School, Ms. Liu earned her undergraduate degree from Harvard University.
NAFUSA President Paul Coggins announced the scheduling of a NAFUSA Webinar for Wednesday, October 28, 2020, from 12:30 PM to 1:30 PM ET. It has long been a NAFUSA tradition to invite the Director of the Executive Office of United States Attorneys (EOUSA) and the Chair of the Attorney General’s Advisory Committee (AGAC) to our annual conferences. As the 2020 conference has been cancelled due to the Covid 19 pandemic, a one hour webinar has been scheduled for a dialogue with Erin Nealy Cox, Chair, AGAC and Corey Frazier Ellis, the Senior Official performing the duties of the Director of EOUSA. The dialogue will be moderated by Paul Coggins. Invitations will be emailed in October to all NAFUSA members, sponsors and Friends of NAFUSA.
Erin Nealy Cox
Sworn into office on November 17, 2017, United States Attorney Erin Nealy Cox is the chief federal law enforcement officer in the Northern District of Texas, which covers 100 counties, more than 96,000 square miles, and a population of approximately eight million. Appointed by the President and confirmed by the U.S. Senate, she is responsible for all federal criminal prosecutions and civil litigation involving the United States in her district. As U.S. Attorney, Ms. Nealy Cox oversees a staff of approximately 120 attorneys and a similar number of non-attorney support personnel assigned among five division offices.
In March of 2018, Ms. Nealy Cox was appointed by Attorney General Jeff Sessions to be a member of the Attorney General’s Advisory Committee (AGAC). Created in 1973, the AGAC is a group of 15 U.S. Attorneys advising the Attorney General on matters of policy and substantive issues affecting the Justice Department. In Feburary 2020, Ms. Nealy Cox was promoted by Attorney General William Barr to Chair of the AGAC.
Prior to her appointment as U.S. Attorney, Ms. Cox worked as a Senior Advisor at McKinsey & Co. in the cybersecurity and risk practice. She also served on the Board of Directors of Sally Beauty Holdings, a large retailer on the NYSE. From 1999 to 2008, Ms. Nealy Cox served as an Assistant United States Attorney in the Northern District of Texas, where she prosecuted cyber crimes, white collar crimes, and general crimes. In 2004 and 2005, she served at Main Justice as chief of staff and senior counsel to the Assistant Attorney General in the Office of Legal Policy. From 2008 to 2016, Ms. Nealy Cox was a member of the executive leadership team at Stroz Friedberg, a cybersecurity and investigations consulting firm, ultimately leading the firm’s global incident response business. Ms. Nealy Cox clerked for the Honorable Henry A. Politz, when he served as Chief Judge of the United States Court of Appeals for the Fifth Circuit, and the Honorable Barefoot Sanders, United States District Judge in the Northern District of Texas.
Ms. Nealy Cox received her J.D., magna cum laude, from Southern Methodist University Dedman School of Law and her B.B.A. in finance from the McCombs School of Business at the University of Texas at Austin. She is a member of the Texas and New York Bar Associations.
Corey Frazier Ellis
Corey Frazier Ellis is the Senior Official performing the duties of the Director for the Executive Office for United States Attorneys (EOUSA). The Executive Office, created in 1953, provides general guidance and support to more than 11,000 employees in 94 United States Attorneys’ offices located throughout the 50 states, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. As Senior Official, Corey oversees EOUSA and serves as the principal staff officer for the Deputy Attorney General for all matters related to the United States Attorneys, as well as the primary liaison between the Attorney General, the Deputy Attorney General, and the United States Attorneys. Corey provides executive assistance and supervision for the United States Attorneys, including legal education, administrative oversight, technical support, security, policy, and regulation to ensure the effective advancement of DOJ priorities throughout the United States Attorneys’ offices.
Attorney General William P. Barr appointed Corey to the position effective September 16, 2019. Prior to this appointment, Corey served in several leadership roles in the Office of the Deputy Attorney General including Chief of Staff to Deputy Attorney General Rod J. Rosenstein.
Before joining the Deputy Attorney General’s office, Corey was the First Assistant in the U.S. Attorney’s Office for the Western District of North Carolina. While an Assistant United States Attorney, Corey handled a wide range of criminal investigations including public corruption, white collar fraud, securities fraud, and cybercrime. Corey began his career as a prosecutor in the District Attorney’s Office in Hendersonville, North Carolina and has tried more than 100 jury trials.
Corey received his undergraduate degree from Brown University and his J.D. from the University of Memphis, School of Law.
On April 18, the NAFUSA board of directors decided to postpone the 2020 annual conference scheduled for New York City on September 30-October 2. The board’s vote was unanimous. The board also agreed unanimously to recommend to the membership at large that the current slate of officers and directors be frozen through the annual conference in 2021.
On August 27, 2020, all active NAFUSA members were sent an email ballot to cast their votes regarding three Covid-19 related issues.The August vote was intended to have the membership at large vote to approve or disapprove these actions. The voting ended on September 10, 2020, and the results are listed below.
Question 1. 120 NAFUSA members voted, 119 “yes” and 1 “no.”
Due to the complications caused by the Covid-19 pandemic of 2020, I approve the postponement of the 2020 annual NAFUSA conference, which was scheduled for New York City on September 30-October 2, to a date in 2021 considered by the NAFUSA board of directors, in their sole discretion, to be safe for travel and meeting in a large group.
Question 2. 120 NAFUSA members voted, 120 “yes” and 0 “no.”
I approve extending the terms of the current incumbent officers and directors until the adjournment of the annual conference in 2021, unless the membership takes further action to the contrary .
Question 3. 120 NAFUSA members voted, 120 “yes” and 0 “no”.
I certify that I am an active member of NAFUSA and waive any additional notice that may be required for these actions.
The NAFUSA officers and board members appreciate the support of the membership at large during these difficult times. They remain hopeful that we can return to normal times in 2021.
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