In the aftermath of the firing of Geoffrey Berman as the United States Attorney for the Southern District of New York, his top deputy, Audrey Strauss, was named the Acting U.S. Attorney for the office. Strauss will likely serve until a presidentially appointed successor is confirmed by the Senate. President Trump has nominated Jay Clayton, the chairman of the Securities and Exchange Commission to the permanent post, but there is some doubt whether confimation will take place before the November election.
Strauss becomes the second woman to head the Southern District following Mary Jo White, who served from 1993 to 2002. Strauss served in the Southern District from 1976 to 1983, including time as the chief of criminal appeals and the securities fraud unit. When Berman became the U.S. Attorney in 2018, he brought Strauss out of retirement to become his senior counsel and later his deputy. They also worked together on the independent counsel’s investigation into the Iran-contra scandal.
Strauss spent more than two decades at Fried, Frank, Harris, Shriver & Jacobson, where she led the white-collar criminal defense group. She earned her law degree from Columbia Law School.
We are members of the Board of Directors of the National Association of Former United States Attorneys (NAFUSA). NAFUSA is a bipartisan group of more than 300 former United States Attorneys that was established in 1979 to protect and support the mission of United States Attorneys and to improve the administration of justice within the federal courts.
There can be no question that the horrific treatment and death of George Floyd is far outside the bounds of any civilized society. The police officer who suffocated Mr. Floyd and those officers who stood by and did not protect him have all been charged criminally. We firmly believe that all criminal defendants deserve the presumption of innocence; however, the video depiction of the events of that day makes it difficult to imagine any excuse for these officers.
Providing justice for Mr. Floyd and his family cannot be the end of the matter – it must be a beginning. Many African-Americans are exhausted from their long suffering and unfair treatment by those in society who see only their color and not their character. Racist and unlawful acts of violence against black men and women while in the custody of police officers must be exposed, challenged and prosecuted. It is untenable that a large part of our population fears physical harm and death from an encounter with law enforcement. Intimidation and fear imposed by any police officer on any person of color must end.
As former federal prosecutors, we recognize the challenges that police officers face as they protect our local communities. The overwhelming number of law enforcement officers are fair- minded and serve the public admirably. But many Americans, ourselves included, recognize that in the United States today justice is denied to far too many of our citizens. Any abuse or excessive force by law enforcement cannot be tolerated, because it is illegal and undermines the trust and faith we have in the administration of justice.
Our road to complete justice will be long and difficult, but the hallmark of America is its strong and compassionate people. We will never forget George Floyd and the injustice he suffered, and as former United States Attorneys, we are committed to achieving through the rule of law, and with compassion, a just society for all Americans.
A strictly divided by party United States Senate voted today to confirm NAFUSA life member Representative John Ratcliffe of Texas to become the next director of national intelligence. Ratcliffe served as the United States Attorney for the Eastern District of Texas 2007-2009. He had served as the first assistant to NAFUSA Past-President Matt Orwig, and succeeded Orwig when the latter returned to private practice. He is shown below meeting with the NAFUSA Liaison Committee in Washington on June 25, 2019.
On the Speaker’s Balcony at the Capitol overlooking the Mall with Congressman and NAFUSA Life Member John Radcliffe
The Congressional panel tasked with overseeing at least $2.8 trillion in COVID-19 economic rescue spending has tapped as a top adviser NAFUSA member David Hickton, a University of Pittsburgh policy researcher and former U.S. Attorney for the Western District of Pennsylvania.
Hickton, the founding director of the University of Pittsburgh Institute for Cyber Law, Policy and Security, is taking a leave of absence from the school to serve as staff director and senior counsel to the House Select Subcommittee on the Coronavirus Crisis.
Hickton will advise the Democratically-led panel, chaired by Rep. James Clyburn, D-S.C., as it examines how federal dollars flow from the Trump administration to families, businesses, health care institutions and the broader economy amid the COVID-19 pandemic.
“I have watched and admired the principled leadership of Chairman Clyburn for many years,” Hickton said. “When he offered me the opportunity to help do this important work for the American people, I could not say no.”
Hickton arrives just as the subcommittee — a panel under the auspices of the House Committee on Oversight and Reform — begins to ramp up its efforts about three weeks after it was established.
The resolution formally establishing the subcommittee passed on April 23 by a vote of 212-182 along party lines, with Rep. Justin Amash, I-Mich., voting with Republicans in opposition.
That vote occurred the same day lawmakers approved another $310 billion for the Small Business Administration’s Paycheck Protection Program, which provides forgivable loans to small businesses and has been rife with oversight issues. Several large, publicly traded companies were approved for the small business loans, potentially crowding out mom-and-pop shops.
Last week, the panel’s first official action was to call out five large publicly traded firms, for taking small business loan money. The panel announced one of the five companies, Georgia-based biopharmaceutical firm MiMedx Group, has returned the loan. An aide to the subcommittee said Friday it was “continuing to work with the companies to hear their perspective and review materials.”
Hickton spent six years as a U.S. attorney, co-chairing a national Heroin Task Force to address the opioid epidemic and bringing an high-profile indictment against the Chinese People’s Liberation Army for economic espionage against four Pittsburgh-area companies.
As head of Pitt Cyber, Mr. Hickton has explored subjects like election security and Russian hacking.
Mr. Clyburn, in a statement released by his office, said Hickton’s record as a U.S. attorney “demonstrates some unique abilities to identify and weed out fraud and abuse.” Mr. Hickton will “help protect the extraordinary and unprecedented outlay of taxpayer money as Congress continues to fight this pandemic and its economic consequences.”
Mr. Hickton’s role will be to oversee the professional staff and operations, an aide to Mr. Clyburn said.
Pitt Chancellor Patrick Gallagher praised Mr. Hickton as the “consummate public servant” with an “unyielding commitment to integrity, collaboration and ingenuity.”
On February 20, 2020, NAFUSA member and former Georgia State Senator and federal prosecutor Ed Tarver announced he was running for the United States Senate from the State of Georgia. Tarver is running for the seat that was vacated by U.S. Senator Johnny Isakson.
“Georgia needs experienced, committed leadership in the United States Senate,” said Tarver. “As a Captain in the United States Army, I embraced the values of hard work and public service. That led me to serve my state as a senator and my country as a federal prosecutor appointed by President Barack Obama. In the Army, we were never asked if we were Conservatives or Liberals. It was about serving one nation.
“Today, Washington is broken. Too much emphasis is placed on one side winning and another side losing. Our values are under assault by those individuals who are willing to sacrifice the future of our nation for personal gain. I’m running for the U.S. Senate to restore decency to Washington, bring real leadership, and fight for our Georgia values – bipartisan criminal justice reform, fiscal responsibility, and access to quality health care. We can do so much better than we’re doing today. I’ve been fighting for Georgia for more than 20 years, and I am ready to keep that fight going.”
In announcing his candidacy, Tarver released this a 3 minute introductory video that is available by clicking here.
Tarver was born while his father served in the Army to parents who were natives of Blythe, Georgia. He is a graduate of Glenn Hills High and Augusta College (currently Augusta University in Augusta). After serving seven years in the United States Army, earning the rank of Captain, Tarver went on to graduate from the University of Georgia Law School. From 2005 to 2009, he represented August in the Georgia General Assembly before being appointed by President Barack Obama as a federal prosecutor for the Southern District of Georgia.
While a federal prosecutor, Tarver aggressively prosecuted sex traffickers and drug dealers. He identified individuals who committed fraud against Georgia taxpayers and returned more than $27 million to Georgians who were victims of a prescription drug scheme. Recognizing the need to reform the nation’s criminal justice system, Tarver worked with community leaders to identify solutions to long term incarceration for non-violent and drug addicted criminals.
In the U.S. Senate, Tarver pledges to fight to provide adequate health care for Georgians, reduce poverty, fight social injustice, and promote bipartisan criminal justice reform. Recognizing that agriculture is the lifeblood of Georgia’s economy, he’ll work to remove barriers for Georgia farmers, while fighting for a cleaner environment.
President Trump declared today his intent to nominate Justin E. Herdman, who currently serves as the United States Attorney for the Northern District of Ohio, to become the next United States Attorney for the District of Columbia. Herdman has also served as the Vice Chair of the Attorney General’s Advisory Committee (AGAC) since January.
Attorney General William P. Barr announced that Timothy J. Shea, the current U.S. Attorney for the District of Columbia, will be designated Acting Administrator for the Drug Enforcement Administration (DEA).
“I am pleased that the President has chosen Justin Herdman as the nominee to be the next United States Attorney for the District of Columbia. Justin has taken an increasing role in the leadership of the Department and this nomination is a reflection his sharp intellect, sound judgment, and dedication to the mission of the Department of Justice,” said Attorney General William P. Barr. “Justin has proven himself to be a fair prosecutor, capable litigator, and excellent manager, and I look forward to his confirmation by the Senate for this important position. I would also like to express my gratitude to Tim Shea, who has served as the United States Attorney since February 2020. I look forward to working with him as he assumes the role of Acting Administrator of the Drug Enforcement Administration. I would also like to thank Uttam Dhillon for his service as the Acting Administrator. Throughout his tenure, Uttam has proven to be a great colleague and a dedicated and thoughtful leader. I look forward to working with him as he assumes a senior leadership role in the Department.”
In his May column for The Legal Intellegencer, NAFUSA member Peter Vaira writes about “Changes in the Law Practice After Covid-19…What Will Be the New Normal?” Vaira says,
COVID-19 has brought numerous changes to the practice of law. Some were ordered by the courts, some instituted by practitioners, others simply have evolved. Some practice changes will be temporary, others may be long lasting. As with any change brought about by emergency circumstances, today’s changes may have downsides that outweigh their temporary advantages. I have asked for comments/views on the changing practices from judges, civil and criminal practitioners.
Dean Erwin Chemerinsky, the Dean of Berkeley Law has been a long time friend of NAFUSA and has given the Supreme Court Update at our 2015 conference in San Diego and at the 2019 conference in San Francisco. The Dean has introduced us to one of his colleagues, Avani Mehta Sood, Professor of Law at Berkeley. Professor Sood is conducting academic research on jury decision-making and is seeking assistance from our members. Please review her message below and we urge you to take a few moments to complete her survey.
Dear Former and Current Legal Practitioners,
I hope this message finds you and yours in good health.
I am a law professor and social psychologist, seeking your views and intuitions about different verdict formats in criminal jury cases, through an anonymous survey in the link below:
(If this hyperlink does not activate, please copy and paste the above into your browser)
I would greatly appreciate if you would take 15-20 minutes to complete this survey and forward it to any other current or former lawyers (e.g., prosecutors, defense attorneys, civil litigators) you know who might be willing to complete it too. (No specific expertise is needed for the survey—it has been designed for non-lawyers to complete as well.)
The partners of Husch Blackwell have elected Catherine Hanaway to serve as the firm’s next Chairperson, succeeding current Chairman Greg Smith, whose term ends March 31, 2021. Formerly U.S. attorney for the Eastern District of Missouri and Speaker of Missouri’s House of Representatives, Hanaway joined Husch Blackwell in 2013 and played a key role in forming—and then leading—the firm’s Government Solutions group. She will be the firm’s first female chair.
After years in firm leadership, first as chief executive officer and later as chairman, Smith will resume full time his legal practice, counseling real estate developers and other related parties in major real estate projects throughout the Midwest.
“Catherine has a proven track record in heading up large, complex organizations,” said Smith. “She is excellent at articulating goals and then executing on them, and I am confident that I am leaving this key position in very capable hands.”
Based in St. Louis, Hanaway has led Husch Blackwell litigation teams on some of the most sensitive and commercially significant matters handled by the firm, including criminal and civil investigations, complex commercial litigation and regulatory enforcement actions. As U.S. Attorney, she supervised more than 4,000 criminal, affirmative and defensive civil cases and personally tried cases to jury verdicts. She also supervised and assisted in the development of cutting-edge theories of criminal prosecution.
“I have long admired the strengths Catherine has exhibited throughout her career—grace under pressure, teamwork, and the ability to block out distractions in order to stay focused on goals,” said Husch Blackwell’s Chief Executive Paul Eberle. “She is eminently qualified and uniquely prepared to serve our law firm as chairperson.”
“It is my great privilege to serve as Husch Blackwell’s next chair,” said Hanaway. “Following on the tremendous work on my predecessor, we will continue to build on the things that have made our law firm successful: a dedication to putting our clients first, to gaining expertise in our industries of focus, and to maintaining a culture of collaboration, inclusion and professional excellence.”
Hanaway is a member of the American Bar Association’s White Collar Section, the Bar Association of Metropolitan St. Louis, the National Association of Former United States Attorneys, and the Women’s White Collar Defense Association. She holds a B.A. from Creighton University and received a J.D. from The Catholic University of America Columbus School of Law. She also serves as a member of NAFUSA’s Board of Directors.
In the aftermath of the firing of Geoffrey Berman as the United States Attorney for the Southern District of New York, his top deputy, Audrey Strauss, was named the Acting U.S. Attorney for the office. Strauss will likely serve until a presidentially appointed successor is confirmed by the Senate. President Trump has nominated Jay Clayton, the chairman of the Securities and Exchange Commission to the permanent post, but there is some doubt whether confimation will take place before the November election.
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