Michael Bromwich Retained to Represent Andrew McCabe

Michael Bromwich

Andrew Mc­Cabe, the former FBI deputy director fired less than two days before retirement has retained NAFUSA life member Michael R. Bromwich as his counsel. Bromwich is senior counsel at Robbins Russell Englert Orseck Untereiner & Sauber. Bromwich is also founder and managing principal of The Bromwich Group, a D.C.-based consulting company focused on crisis management, strategic advisory, law enforcement, public affairs and independent monitoring.

Bromwich has practiced law for 35 years in the public and private sector.  He served as an Assistant United States Attorney for the Southern District of New York (1983-87); Associate Counsel in the Office of Independent Counsel: Iran –Contra (1987-89); Inspector General of the Department of Justice (1994-99); and at the personal request of President Obama, took over the country’s offshore drilling regulatory agency following the 2010 Deepwater Horizon oil spill in the Gulf of Mexico

McCabe served as the FBI deputy director until Attorney General Jeff Sessions fired him on March 15, a little more than 24 hours before he was set to retire and collect his pension.

 

AG Sessions Appoints Six Additional Members to AGAC

Attorney General Jeff Sessions announced today the appointment of six new U.S. Attorneys to serve two-year terms on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC), joining the nine members announced on November 13, 2017.

The new appointees are U.S. Attorney for the Northern District of Texas Erin Nealy Cox; U.S. Attorney for the Eastern District of New York Richard P. Donoghue; U.S. Attorney for the Middle District of Alabama Louis V. Franklin, Sr.; U.S. Attorney for the Northern District of Illinois John R. Lausch, Jr.; U.S. Attorney for the District of Massachusetts Andrew E. Lelling; and U.S. Attorney for the District of Delaware David C. Weiss.

“I am pleased to announce these new members of the Attorney General’s Advisory Committee. The Advisory Committee plays an important role in helping us achieve the Department of Justice’s goals, including to reduce violent crime, combat transnational criminal organizations, secure our southern border, end the devastating opioid crisis, and enforce the rule of law,” said Attorney General Sessions.

A brief biography of each new member is below:

Erin Nealy Cox
The Senate confirmed Erin Nealy Cox’s appointment as United States Attorney for the Northern District of Texas in November 2017. Prior to this appointment, Ms. Nealy Cox was a Senior Advisor at McKinsey & Co in the cybersecurity and risk practice and 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. Ms. Nealy Cox also previously worked at Stroz Friedberg, a cybersecurity and investigations consulting firm. Ms. Nealy Cox clerked for the Honorable Henry A. Politz, when he served as Chief Judge of the Fifth Circuit Court of Appeals, and the Honorable Barefoot Sanders, United States District Judge in the Northern District of Texas. She received a B.B.A in Finance from the McCombs School of Business at the University of Texas at Austin and her J.D., magna cum laude, from Southern Methodist University Dedman School of Law.

Richard P. Donoghue
On January 5, 2018, the Attorney General appointed Richard P. Donoghue to be interim United States Attorney for the Eastern District of New York. Prior to this appointment, Mr. Donoghue served as the Senior Vice President and Chief Counsel for CA Technologies based in New York. From 2000 to 2011, Mr. Donoghue worked in the United States Attorney’s Office for the Eastern District of New York in various roles, including Criminal Chief and Deputy Criminal Chief. Mr. Donoghue received his B.A., cum laude, from Hofstra University and his J.D., from St. John’s University School of Law.

Louis V. Franklin, Sr.
The Senate confirmed Louis V. Franklin, Sr. to be United States Attorney for the Middle District of Alabama in September 2017. Mr. Franklin has served in the United States Attorney’s Office for the Middle District of Alabama for nearly 27 years, including as Criminal Chief for almost 16 years. Mr. Franklin served as an Assistant United States Attorney from 1990 to 1996 and from 1998 to 2001. From 1996 to 1998, Mr. Franklin was an associate at Sirote and Permutt. Mr. Franklin began his career as a staff attorney at the Legal Services Corporation of Alabama from 1987 to 1990. Mr. Franklin received his B.A. from the University of Alabama, an M.S. from Auburn University at Montgomery, and his J.D. from Howard University School of Law.

John R. Lausch, Jr.
The Senate confirmed John R. Lausch, Jr.’s appointment as United States Attorney for the Northern District of Illinois in November 2017. Prior to his appointment, Mr. Lausch was a partner at Kirkland & Ellis LLP. Previously, he served as an Assistant United States Attorney in the Northern District of Illinois from 1999 to 2010. During his time in the U.S. Attorney’s Office, Mr. Lausch served as a Deputy Chief in the Narcotics and Gangs Section for several years, where he helped lead the District’s Anti-Gang and Project Safe Neighborhoods programs. Mr. Lausch clerked for the Honorable Michael S. Kanne of the United States Court of Appeals for the Seventh Circuit. He received his A.B., cum laude, from Harvard University and his J.D., cum laude, from Northwestern University School of Law.

Andrew E. Lelling
The Senate confirmed Andrew E. Lelling’s appointment as United States Attorney for the District of Massachusetts in December 2017. Prior to this appointment, Mr. Lelling was the senior litigation counsel for the United States Attorney’s Office for the District of Massachusetts and has worked in that office for 12 years, prosecuting white collar crime and international drug trafficking, among other offenses. Mr. Lelling also served as an Assistant United States Attorney in the Eastern District of Virginia. He previously served as counsel to the Assistant Attorney General at the Department of Justice Civil Rights Division. Mr. Lelling clerked for the Honorable B. Avant Edenfield of the United States District Court for the Southern District of Georgia. He received his B.A., magna cum laude, from the State University of New York at Binghamton and his J.D., cum laude, from the University of Pennsylvania Law School.

David C. Weiss
David C. Weiss’s nomination to be United States Attorney for the District of Delaware was confirmed in February. Mr. Weiss previously served as the Acting United States Attorney for the District of Delaware from 2009 to 2011 and 2017 to 2018, and as the First Assistant United States Attorney from 2007 to 2017. Prior to serving in these positions, Mr. Weiss was an Assistant United States Attorney from 1986 to 1989. Mr. Weiss clerked for the Honorable Andrew D. Christie of the Delaware Supreme Court. Mr. Weiss received his B.S. from Washington University and his J.D. from Widener University School of Law.

NAFUSA’s Liaison Committee Meets with AG, DAG and AGAC

On March 6, 2018, NAFUSA President Hal Hardin led a delegation of NAFUSA leaders to meet with Attorney General Jeff Sessions, Deputy Attorney General Rod Rosenstein, and the Attorney General’s Advisory Committee (AGAC). Joining Hardin in the AG’s conference room in the photo above (left to right) are Vice President Paul Coggins, Counsel to the Board Jay Stephens, AG Jeff Sessions, President Elect Terry Flynn, and board members John Richter and Tim Heaphy.

The photo below shows the NAFUSA delegation with DAG Rod Rosenstein in the DAG’s conference room. In all three meetings, the committee shared NAFUSA’s commitment to the U.S. Attorney community, and discussed NAFUSA’s desire to support the Department in a nonpartisan manner. The group also discussed the Bradford Award; the Wales Project; and how we have an American flag flown over Main Justice when a former U.S. Attorney dies and presented to the family as a token of the regard with which he or she was held by his or her former colleagues. There was also a discussion of the limitations on our taking public positions as an organization due to our nonpartisan and bipartisan nature.

The liaison committee was first formed in 2010 and Hal Hardin expressed his pleasure that these meetings are continuing in the Sessions Administration. “All the DOJ attorneys were most hospitable and thanked NAFUSA for the meetings,” said Hardin. “Having a good relationship with Main Justice and the U.S. Attorney community will enable us to fulfill our mission ‘to promote, defend and further the integrity and the preservation of the litigating authority and independence of the office of the United States Authority…,’” said Hardin.

 

Paul Fishman Named To NAFUSA Board Vacancy

The NAFUSA Board of Directors has named Paul Fishman to fill the vacancy on the board caused by the resignation of Jenny Durkan when she was elected Mayor of the City of Seattle. Fishman will serve with the class of 2019.

Paul Fishman joined Seton Hall University School of Law in 2017 as a Distinguished Visiting Fellow.

Prior to his joining the faculty of Seton Hall, he served as the United States Attorney for the District of New Jersey for seven and a half years. He was nominated for that position by President Barack Obama in June 2009; he was confirmed unanimously by the U.S. Senate on October 7, 2009, and sworn in on October 14, 2009. He resigned as U.S. Attorney on March 10, 2017. As U.S. Attorney, he supervised an office with approximately 150 attorneys and 125 support personnel in Newark, Camden, and Trenton with an annual budget of approximately $31 million.

Fishman was appointed by Attorney Generals Eric Holder and Loretta Lynch as a member of the Committee of U.S. Attorneys (AGAC), and he served as Vice-Chair and Chair of that Committee.

Fishman has spent much of his professional career in public service. After graduating from law school, he clerked for the Honorable Edward R. Becker of the United States Court of Appeals for the Third Circuit. He was an Assistant United States Attorney from 1983 to 1994; during that time, he served as Deputy Chief of the Criminal Division, Chief of Narcotics, Chief of the Criminal Division, and First Assistant U.S. Attorney. From 1994 to 1997, he was a senior adviser to Attorney General Janet Reno and Deputy Attorney General Jamie Gorelick.

In addition to his public service, Mr. Fishman was a partner in the law firm of Friedman Kaplan Seiler & Adelman, where he headed the firm’s white collar practice and handled complex civil litigation from 1998 to 2009.

He graduated magna cum laude in 1978 from Princeton University and cum laude in 1982 from Harvard Law School, where he was the Managing Editor of the Harvard Law Review. In 2011, he was awarded an Honorary Doctorate of Law by Seton Hall University School of Law.

 

Ed Dowd Retained to Represent the Governor of Missouri

Ed Dowd

Governor Eric Greitens of Missouri was indicted on Thursday, February 22 on a felony of invasion of privacy charge. The charge grows out of an admitted extramarital affair when Greitens was charged with taking an compromising photo of a woman and then threatened her with retribution if she revealed the relationship.

The governor has retained NAFUSA member Ed Dowd to represent him and Dowd was all over the national media today defending his client. Dowd said the charge was baseless and that he would be filing a motion to dismiss. Dowd said the governor had offered to meet with the prosecutor, but that she had refused and “proceeded to file an indictment that has no facts.”

Dowd served as the United States Attorney for the Eastern District of Missouri (1993-1999) and is a former president of NAFUSA and a life member. He currently practices with Dowd Bennett LLP in St. Louis.

NAFUSA Foundation Announces Increase of Tom Wales Reward

NAFUSA Foundation President Mike McKay announces Wales Reward Enhancement

On February 21, 2018, U.S. Attorney’s Office in Seattle, Deputy Attorney General Rod Rosenstein reaffirmed the commitment of the U.S. Department of Justice (DOJ) and FBI to bring to justice those responsible for the October 11, 2001 murder of AUSA Tom Wales in Seattle. He also included a reminder that DOJ will pay a reward of up to $1 million to anyone who provides information leading to the arrest and conviction of those behind the Wales murder.

“Any attack on a law enforcement officer is an attack on our entire justice system,” Deputy Attorney General Rosenstein said. “The Wales family has shown incredible strength, courage, and devotion. As Deputy Attorney General, I intend to see that we leave no stone unturned in the search for the killer who murdered Tom Wales. We will continue to pursue this case for as long as it takes to achieve justice. The killer will be held accountable.”

National Association of Former U.S. Attorneys (NAFUSA) Foundation President Mike McKay (U.S. Attorney for Western District of Washington, 1989-93) announced that, in addition to the reward offered by DOJ, the Foundation is putting up $525,000 to complement that already available (when DOJ pays out its reward, the NAFUSA Foundation will do the same). Joining McKay were NAFUSA members:

Seattle Mayor Jenny Durkan (U.S. Attorney, WDWA, 2009-14)
Hal Hardin (U.S. Attorney, MDTN, 1977-81), President of NAFUSA
John McKay (U.S. Attorney, WDWA, 2001-07)
Bill Hyslop (U.S. Attorney, EDWA, 1991-93)
Jim McDevitt (U.S. Attorney, EDWA, 2001-10)

“Every U.S. Attorney in the country from every administration dating back to President Carter is committed to support DOJ and the FBI to make sure that those behind Tom’s murder are brought to justice,” said former U.S. Attorney Mike McKay. “We hope that this increased reward, and the publicity it generates, helps in finding that citizen who will provide the last evidentiary link so that charges may finally be brought.”

“This case is so important to every former U.S. Attorney in the country,” said Hal Hardin, President of NAFUSA and former U.S. Attorney in Nashville, TN. “If this murder is connected with Tom’s work, he will be the first Assistant U.S. Attorney killed in the line of duty. Indeed, it’s was an attack on our country,” he said.

“Our experience is that the amount of a reward can make a difference in cases like this,” said Bill Hyslop, former U.S. Attorney from Spokane. “We therefore hope that by increasing the reward by more than 50% and generating this publicity, a good citizen will come forward with new, helpful information about the Wales case.”

PUBLIC – NAFUSA Foundation Wales Fund Donor List_022018

Click here to view media reports:

Seattle Times

Local NBC Affiliate

CBS News

DAG Rod Rosenstein

Georgia Super Lawyers Features Joe Whitley

Joe D Whitley Photo - resized

Joe Whitley

The March 2018 Georgia Super Lawyers issue highlights the career of NAFUSA member Joe Whitley. Whitely served as U.S. Attorney in both the Northern District and the Middle District of Georgia, and as the associate attorney general under President George H.W. Bush. The article describes how Joe became the first general counsel of the U.S. Department of Homeland Security (DHS). Many of Joe’s NAFUSA colleagues are quoted in the article.

Click here to read the article:

Super Lawyers Article – Heeding the Call – Why Joe Whitley was Tapped to Become the First General Counsel at DHS

Charles Hill Anderson Dies, 87

Charles Hill Anderson

Charles Hill Anderson passed away on January 9, 2018, at his home at the Army Residence Community in San Antonio, Texas. Anderson practiced law for over 50 years in Nashville and served as the United States Attorney for the Middle District of Tennessee (1969-1977). Anderson hired NAFUSA member Joe Brown and was succeeded in office by NAFUSA President Hal Hardin.

An American flag was flown over Main Justice today as a token of the admiration for which he was held by his colleagues. It will be presented by NAFUSA to his family. Private services were held in San Antonio and a subsequent private service will be held in Chattanooga. Anderson is survived by his children: Buton Hill Anderson, San Antonio, TX; Alicia Lea Waters,  Bay City, TX; and Eric Scott Anderson, Washington, NJ.

Click here to view obituary from the Nashville Tennessean

 

DeGabrielle Flag Presentation Held in Houston

After Don’s funeral on Thursday, February 1, 2018 at the Second Baptist Church in Houston, a reception was held at the home of Tim and Nancy Johnson. After having presented the NAFUSA flag to Catherine DeGabrielle as part of the memorial service at the church, a photo was taken at the reception.    The participants are left to right: Angel Moreno, U.S. Attorney, Southern District of Texas 2010-2011; Catherine DeGabrielle, widow of Don DeGabrielle, U.S. Attorney, Southern District of Texas 2006-2008; Tim Johnson, U.S. Attorney, Southern District of Texas 2008-2010; Ron Woods, U.S. Attorney, Southern District of Texas 1990-1993; Johnny Sutton, U.S. Attorney, Western District of Texas 2001-2009; Paul Charlton, U.S. Attorney, District of Arizona 2001-2007.