WSJ: George W. Bush U.S. Attorneys Fare Well in Politics

In a December 27, 2012 article in The Wall Street Journal, Heather Haddon writes Ex-Prosecutors Use Links To Forge a Path to Politics (sub req.) and notes that when NAFUSA member Susan Brooks is sworn in as a member of Congress on January 3, 2013,

she will join a sizable group of Republican politicians that has emerged from a tightknit cadre of former U.S. attorneys appointed by President George W. Bush. Of the 145 U.S. attorneys that Mr. Bush installed, 21 have moved on to elected office or political appointments.

Haddon calls NAFUSA member Chris Christie “the standard bearer for the group”, and lists additional former Bush U.S. Attorneys in politics: Gov. Matt Mead of Wyoming, Rep. Thomas Marino of central Pennsylvania, George Holding, who won a House seat in North Carolina and Drew Wrigley, lieutenant governor of North Carolina.

“They have really bonded,” NAFUSA Executive Director Rich Rossman is quoted as saying of the Bush II U.S. Attorneys.

Supreme Court To Hear Gay Marriage Cases

The Supreme Court announced on Friday that it would accept two cases challenging state and federal laws that define marriage to include only unions of a man and a woman.

One of the cases, from California, was filed in 2009 by NAFUSA member Theodore B. Olson, shown right, former solicitor general of the United States, and David Boies. After a lengthy trial, a federal district judge ruled in favor of the plaintifffs, holding that the Constitution required the state of California to allow same-sex couples to marry, despite an effort by California voters to override a decision by the state’s Supreme Court. A divided panel of the Ninth Circuit affirmed the decision.

The second case involves an appeal from the Second Circuit which struck down the Defense of Marriage Act which defines marriage as between only a man and a woman for the purposes of federal laws and programs. In February 2011, Attorney General Eric Holder announced the Department would no longer defend the statute in court. House Republicans intervened and retained Paul D. Clement, another former solicitor general to defend the law

As Adam Liptak, who spoke at NAFUSA’s New York conference in 2010, writes in this morning’s New York Times:

The court’s docket is now crowded with cases about the meaning of equality, with the new cases joining ones on affirmative action in higher education and on the future of the Voting Rights Act of 1965. Decisions in all of the cases are expected by June.

WikiLeaks Saga Continues

The Santa Fe NAFUSA conference in 2011 featured a two hour panel discussion on WikiLeaks. The above photo shows panelists Charlie Savage and Valerie Plame Wilson. More than a year later, issues relating to WikiLeaks continue in the news. On the front page of this morning’s New York Times, Savage co-authors with Scott Shane an article dealing with the on-going military proceedings at Fort Meade involving Private Bradley Manning. Read: In Wiki-Leaks Case, Defense Puts Jailers on Trial.

Savage and Shane write:

It seemed incongruous that he has essentially acknowledged responsibility for the largest leak of classified material in history. The material included a quarter-million State Department cables whose release may have chilled diplomats’ ability to do their work discreetly but also helped fuel the Arab Spring; video of American helicopter crews shooting people on the ground in Baghdad who they thought were enemy fighters but were actually Reuters journalists; field reports on the wars in Iraq and Afghanistan; and confidential assessments of the detainees locked up at Guantánamo Bay, Cuba.

The proceedings at Fort Meade involve a request by Manning’s lawyer to dismiss the charges on the grounds that his pretrial treatment was unlawful. As The Times notes, that outcome appears unlikely. Manning still faces a court-martial, scheduled for March.

As for Julian Assange, Savage and Shane report:

As the military pursues the case against Private Manning, the Justice Department continues to explore the possibility of charging WikiLeaks’ founder, Julian Assange, or other activists with the group, possibly as conspirators in Private Manning’s alleged offense. Federal prosecutors in Alexandria, Va., are still assigned to that investigation, according to law enforcement officials, but it is not clear how active they have been lately in presenting evidence to a grand jury.

 

Bob Barr Co-authors Op-Ed on Fusion Centers

NAFUSA member Bob Barr has teamed up with Mary McCarthy, a former high-ranking intelligence official, in an Op-Ed piece published by The Christian Science Monitor entitled How to protect Americans from anti-terrorism data sharing.

Barr and McCarthy describe fusion centers as “state and regionally based information-sharing hubs designed to pool the knowledge and expertise of state, local, and federal law enforcement, intelligence agencies, military officials, and private sector entities.” But they opine that the centers are not being run properly and pose “very real risks” to civil liberties. They propose remedies to fix the perceived problems.

The editorial relies heavily on the Recommendations for Fusion Centers: Preserving Privacy & Civil Liberties While Protecting Against Crime & Terrorism report released by The Constitution Project’s Liberty and Security Committee. Barr and McCarthy are members of the committee, as are NAFUSA members Asa Hutchinson and William Sessions.

Barr served as the United States Attorney for the Northern District of Georgia 1986-1990, and as a member of Congress (R-Ga.).

Jim Letten Resigns in New Orleans

Jim Letten, the United States Attorney for the Eastern District of Louisiana, announced on Thursday that he would be resigning, effective December 18, 2012. Letten, the longest-serving U.S. Attorney in the nation, was appointed by President George W. Bush in 2001 and reappointed by President Barack Obama. Letten has earned a reputation for a strong record in combatting public corruption, including the successful prosecution of former Gov. Edwin Edwards on bribery and racketeeing charges.

Letten’s office has unfortunately been the focus of a recent allegations of inappropriate comments about active criminal cases under aliases at nola.com, the web site of The Times-Picayune newspaper. These allegations have led to the resignation of one of Letten’s top assistants and the demotion of his first assistant. The Department of Justice named a federal prosecutor from Georgia to take over the investigation into the office’s internal problems.

Click here for detailed coverage by The Times-Picayune.

Gary Grindler Announces Departure

Gary Grindler, Attorney General Eric Holder’s chief of staff, announced that he is leaving the Department of Justice on December 5, 2012. He has served as the chief of staff to the attorney general since January 2011. He was named acting deputy attorney general in 2010 after the departure of David Ogden. He previously served in a number of positions at DOJ, including as a deputy assistant attorney general in the criminal division.

Grindler will be replaced by Margaret Richardson, currently the deputy chief of staff. Richardson joined DOJ in early 2009. She previously directed the Clean Slate Clinic at the East Bay Community Law Center in Berkeley, Calif. She has been a counselor to the attorney general since January 2009.

Chris Christie: A Front Runner for GOP in 2016?

Despite some criticism from within his party for his bear hugs for President Obama during Hurricane Sandy, NAFUSA member Chris Christie is receiving some recognition as a possible front runner for the GOP nomination for the White House in 2016. New Yorker writer John Cassidy, for instance, writes in his blog Can A Certain (Very Popular) Fat Guy From Jersey Win The White House?:

Then there is Hurricane Sandy, a tragic accident of geography and nature with which Christie will forever be associated. A month on, he is basking in record approval ratings: sixty-seven per cent, according to  one new poll; seventy-two per cent according to another; seventy-seven per cent,  according to a third. “Christie never looked more like ‘Jersey Guy’ than when he  stood on the seaside boardwalk after Sandy, and, just about unanimously, his New  Jersey neighbors—Republicans, Democrats, Independents—applauded,” said Maurice  Carroll, the director of the Quinnipiac University Polling Institute. “The  Governor gets high marks from the cities, the shore, from every corner of the  state.” And not just in Jersey. More than his flirtation with a Presidential run  earlier this year, more than his speech at the Republican Convention in Tampa,  Christie’s vigorous response to the storm—and his vigorous embrace of President Obama—turned him into a national figure. In a situation crying out for  leadership, here was somebody who seemed willing to set aside partisan politics  and seek help anywhere he could find it, even if that meant putting his arms around a Democratic President who was due to face the voters a week later.

In the meantime, Christie has a relection campaign to face in New Jersey.

The Founding of NAFUSA: Why and How It Came To Be

NAFUSA historian and past president John E. Clark, shown above at the Atlanta conference, was one of thirteen former United States Attorneys and one former assistant attorney general who met in New Orleans 33 years ago to form NAFUSA. After the Atlanta conference, Clark took a few minutes to describe this event in the attached The Founding of NAFUSA: Why and How It Came To Be.

As Clark describes:

All were veterans of the Nixon and Ford administrations. All had held office during difficult times for United States Attorneys. Their experiences had left them firmly convinced that the office of United States Attorney is uniquely essential to the fulfillment of every president’s constitutional obligation to “take care that the laws be faithfully executed,” and that protecting the independence and integrity of the office they had held is a cause that transcends politics. Their deliberations in New Orleans resulted in the creation of NAFUSA, a non-profit organization whose charter reflects a non-partisan commitment to protecting and furthering the integrity, independence and effectiveness of the office.

The NAFUSA Newsletter – 3-15-79 also describes the initial meeting in New Orleans. Clark was elected the organization’s first secretary and became president a few years later. According to Clark,

The 1980 meeting was held in Washington, D.C.  At that meeting the question where to meet in 1981 was discussed at an informal gathering of the board and the officers.  A few wives were present, and Harriet Crampton, Scott’s wife, said, “I’ve always liked San Antonio.  Can we go there?”  And so it was decided.

Clark served as the U.S. Attorney for the Western District of Texas, 1975-1977. He currenty practices law with Goode, Casseb, Jones, Riklin, Choate & Watson, P.C. in San Antonio.

DOJ and SEC Release FCPA Guide

The U.S. Department of Justice and the U.S. Securities and Exchange Commission today released A Resource Guide to the U.S. Foreign Corrupt Practices Act. The 120-page Guide provides a detailed analysis of the U.S. Foreign Corrupt Practices Act (FCPA) and closely examines the DOJ and SEC’s approach to FCPA enforcement.

The Justice Department, in announcing the release, said,

The Guide provides helpful information to enterprises of all sizes – from small businesses doing their first transactions abroad to multi-national corporations with subsidiaries around the world.  The Guide addresses a wide variety of topics, including who and what is covered by the FCPA’s anti-bribery and accounting provisions; the definition of a “foreign official”; what constitute proper and improper gifts, travel and entertainment expenses; facilitating payments; how successor liability applies in the mergers and acquisitions context; the hallmarks of an effective corporate compliance program; and the different types of civil and criminal resolutions available in the FCPA context.  On these and other topics, the Guide takes a multi-faceted approach toward setting forth the statute’s requirements and providing insights into DOJ and SEC’s enforcement practices.  It uses hypotheticals, examples of enforcement actions and matters DOJ and SEC have declined to pursue, and summaries of applicable case law and DOJ opinion releases.

The Guide is available to the public free of charge online at www.justice.gov/criminal/fraud/fcpa and at www.sec.gov/spotlight/fcpa.shtml.