Latest Developments on Law of Indefinite Detention

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On September 12, 2012, Judge Katherine B. Forrest of the United States District Court for the Southern District of New York issued a permanent injunction barring the government from enforcing a statute authorizing the indefinite detention without trial of terrorism suspects. On September 17, 2012, Judge Raymond J. Lohier of the Court of Appeals for the Second Circuit granted an interim stay until a panel of judges hold a hearing scheduled for September 28.

NAFUSA held a two hour panel in New York in 2010 on the prosecution of terrorism suspects and Charlie Savage of The New York Times moderated the panel. Two years later this issue has not gone away and Savage writes in The Times,

The United States has been detaining terrorism suspects indefinitely since 2001, relying on an authorization by Congress to use military force against perpetrators of the Sept. 11 attacks and those who helped them. Last year, Congress decided to create a federal statute that codified authority for such detentions.

The new statute went beyond covering the perpetrators of the Sept. 11 attacks to also cover people who were part of or substantially supported Al Qaeda, the Taliban or associated forces engaged in hostilities against the United States or its allies. Its enactment was controversial in part because lawmakers did not specify what conduct could lead to someone’s being detained, and because it was silent about whether the statute extended to American citizens and others arrested on United States soil.

It was challenged by Chris Hedges, a journalist who interacts with terrorists as part of his reporting, and by several prominent supporters of WikiLeaks. They argued that its existence chilled their constitutional rights by creating a basis to fear that the government might seek to detain them under it by declaring that their activities made them supporters of an enemy group.

In May, Judge Forrest agreed, issuing a preliminary injunction barring the government from relying on the law to detain anyone without trial, and Wednesday she made that injunction permanent in a 112-page opinion.

Inspector General’s “Fast and Furious” Report Issued

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This afternoon the Justice Department released the 471-page report from Michael Horowitz, the DOJ Inspector General, finding  federal agents and prosecutors in Phoenix primarily responsible for the failed effort to infiltrate weapons into smuggling rings in the operation named “Fast and Furious”.

According to The Washington Post in an article entitled Justice IG Critical of ATF in Gun Operation,

The long-awaited report also directed sharp criticism at senior officials from the Justice Department and its Bureau of Alcohol, Tobacco, Firearms and Explosives in Washington for lax oversight of the attempt to block the flow of weapons to Mexico’s violent drug cartels. Many of the weapons later turned up at crime scenes in Mexico and the United States, including one in which a Border Patrol agent was killed.

The inspector general’s report recommended that the Justice Department consider taking disciplinary action against 14 current officials from the department and ATF. Among them were former acting Deputy Attorney General Gary Grindler, Assistant Attorney General Lanny Breuer, former acting ATF Director Kenneth Melson, former ATF Special Agent in Charge William Newell and Deputy Assistant Attorney General Jason Weinstein.

Weinstein resigned today but called the IG’s conclusion that he knew about and failed to stop the practice of allowing guns to cross the border “completely false.” Weinstein is represented by NAFUSA member and former DOJ Inspector General Michael Bromwich.

The IG’s report failed to criticize Attorney General Eric holder Jr., finding that he had no advance knowledge of the tactics and risks involved in the operation.

The New York Times, in an article entitled Guns Inquiry Urges Action Against 14 in Justice Dept., and written by Charlie Savage, who will moderate a panel at the Atlanta NAFUSA conference, states,

In a scathing report, the inspector general, Michael Horowitz, laid primary blame on what he portrayed as a dysfunctional and poorly supervised group of Arizona-based federal prosecutors and agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives. As part of the operation, those officials did not act to seize illegal weapons in hopes of bringing a bigger case against a gun-smuggling network linked to a Mexican drug gang.

 

While it found no evidence that officials at the Justice Department in Washington had authorized or approved the tactics, it faulted several officials for related failures, including not recognizing red flags and failing to follow up on information about both Operation Fast and Furious and a similar, earlier investigation called Operation Wide Receiver, in which guns also reached drug gangs.

 

Federal Civil Jury Trials at Risk in Budget Impasse

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The ABA Journal reported that Chief Judge David Sentelle of the U.S. Circuit Court of Appeals for the District of Columbia told a Judicial Conference meeting at the U.S. Supreme Court on Tuesday, September 11, 2012, that unless a federal budget impasse is resolved by Congress, all federal civil jury trials may have to be eliminated in 2013.

Judge Sentelle is the chairman of the executive committee for the Judicial Conference. The committee is making contingency plans to deal with a possible need for $500 million in cost-cutting next year, as the judicial system’s share of $1.2 trillion in spending cuts due to take effect next year, absent a new budget agreement.

Herb Stern’s New Book on Sale

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NAFUSA member Herbert J. Stern has authored a new book Diary of a DA: The True Story of the Prosecutor Who Took on the Mob, Fought Corruption, and Won (Skyhorse Publishing, September 2012).

The book, just out this week. is already earning a number of positive reviews. In a book review in The Star Ledger, the largest newspaper in New Jersey, Richard Aregood writes:

Herb Stern knows better than anybody. As U.S. attorney, he led a series of prosecutions in the late 1960s and early 1970s that ended in criminal convictions for the mayors of Jersey City, Newark and Atlantic City, along with a congressman and what seemed at the time to be half the politicians in the state, exposing some as being wholly owned subsidiaries of the mob. All of this was done despite the fierce opposition of powerful state officials, as well as the Nixon Justice Department’s preference for silly political prosecutions such as that of the “Camden 28.”

Jeffrey Toobin writes:

Herbert J. Stern- prosecutor, judge and advocate- is a legend in American law, and this extraordinary memoir tells the story of how he became one.

Judge Stern served as the U.S. Attorney for the District of New Jersey 1971-1974. In 1962-1965, he served as an assistant district attorney in Manhattan, participating in the investigation of the assassination of Malcolm X. He also served in the Organized Crime and Racketeering Section of the U.S. Department of Justice. He was appointed by President Nixon to serve on the U.S. District Court in the district of New Jersey, serving from 1974-1987. He has authored several books on trial advocacy and Judgment in Berlin, later made into a film.

Judge Stern is a partner and founding member of Stern & Kilcullen. He earned his J.D. from the Universtiy of Chicago Law School.

 

 

Alabama 41 Michigan 14

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A group of NAFUSA board members held an “executive retreat ” when Hal Hardin and Dallas resident Susan Adzick hosted a Texas style weekend at Susan’s home over the Labor Day weekend. The prime event was the “Cowboy Classic”, the kickoff of the college football season at Cowboy Stadium.

Much to Rich Rossman’s dismay and despair, the defending national champion Alabama team lived up to its “Roll Tide” reputation, handing Michigan (soon to lose its preseason top ten ranking) its worse opening day loss ever.

In the photo above, Rich shows he is a good sport congratulating Bama fans Kathy Collier Selden and Jack Selden on the victory. Somehow Longhorn fan Ron Woods snuck into the game. Michigan fan Rick Deane texted his disappointed to Rich during the game. Doug Jones called Jack and urged the Tide to continue to roll.

Below we see the remainder of the NAFUSA block at the game: hostess Susan Aldzick, host Hal Hardin (both Vanderbilt fans), Patty Woods (LSU fan) and Patty Rossman (party fan and Michigan booster). When Alabama rolled up a 31-0 lead in the first half, this group spent the remainder of the game in the bar.

On Friday evening, Matt and Melissa Orwig joined the “retreat” at a cocktail reception at Susan’s home, catered by Chef Richard Chamberlain, shown below, one of America’s leading chefs and particulary admired by the ladies.

Coffey Urges Recent Law Grads To Look To Middle Class

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In an article published by The National Law Journal on August 15, 2012, NAFUSA member Kendall Coffey urges recent law graduates to consider the tens of millions of Americans who need attorneys. In Underserved middle class could sustain underemployed law graduates, Coffey argues that a pratice representing the middle class could result in a decent living for young lawyers.

The reality is that with prudent office economics, recent law graduates could earn decent compensation and launch successful practices, with the opportunity to continue to earn more. Rather than work for a law firm at high rates, of which two thirds goes to the employer, new lawyers could charge much lower rates and keep the earnings for themselves. Rates of between $50 and $125 per hour would make new lawyers affordable to the middle class while providing the lawyers with enough income to succeed.

Coffey adds that law schools would have to revise their curricula and more clinics are needed to provide supervision and legal experience.

Coffey is a founding member of Coffey Burlington, PL, concentrating on complex litigation, He serves as the chair of the Southern District Conference, Florida Federal Judicial Nominating Commission. He served as the U.S. Attorney for the Southern Distict of Florida from 1993-1996. He has authored two books and over three dozen articles. He is an adjunct professor of law at the University of Miami School of Law and the Florida International University School of Law.

 

Atlanta Conference Begins in Six Weeks

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If you haven’t registered for Atlanta, please click on the registration button to the right and do so today. The deadline for the group rate at the W Atlanta Downtown is September 11.

As NAFUSA President Rick Deane says:

Bob Barr, Joe Whitley, Kent Alexander and I all look forward to hosting everyone in Atlanta in October.  The conference will continue in the vein of what has come to be expected of NAFUSA: strong program content with outstanding presenters along with interesting and fun social outings.  The immigration panel in particular will be balanced and thought provoking and John Doar will cause us to reflect on the Department at its finest. Our committee looks forward to seeing y’all in Atlanta!

Pulitzer Prize winning reporter Charlie Savage, of The New York Times will be with us for the third year in a row moderating the panel of immigration issues. Charlie says:

Immigration enforcement is one of the most complex and contentious areas today at the intersection of law, policy and politics. From recent court rulings about the crackdowns in Arizona and Alabama to the Obama administration’s policy of granting relief from deportation to people who were brought to the United States illegally as children, there will be much for the panel to dig into at this year’s NAFUSA conference.

NAFUSA President-Elect Jay Stephens will moderate the panel on corporate internal investigations and says:

In an environment of aggressive regulatory enforcement and enhanced business compliance initiatives, the ‘internal investigation’ has become a critical tool to assist in resolving complex disputes and shaping management’s response to compliance concerns.  Our panel of highly accomplished players from government, industry, and private practice promises to generate some fascinating perspectives about the judgments, constraints, and relationships that shape the conduct and impact of an effective internal investigation.

Click on the link 2012 NAFUSA Conference for full details of the Atlanta program, including speaker bios and a list of sponsors.

John Richter Rejoins King & Spalding

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NAFUSA member John C. Richter, formerly vice president and deputy general counsel at WellCare Health Plans, Inc., is rejoining King & Spalding as a partner in its special matters and government investigations practice in Washington, D.C., effective September 4, 2012. Richter will focus primarily on health care investigations and qui tam cases.

Richter’s return to King & Spalding follows his two-year stint at WellCare supervising litigation, internal investigations and business contracting at the $6 billion provider of managed care services targeted to government-sponsored health care programs. At WellCare, he led the successful resolution of enterprise-threatening criminal and civil matters the company had been facing.

Richter served as the U.S. Attorney for the Western District of Oklahoma, 2005-2009, and the acting assistant attorney general for the Criminal Division at the U.S. Department of Justice. In 2009, he received the U.S. Department of Health and Human Services’ Inspector General’s Award for Combating Medicare and Medicaid Fraud.

Richter also served as an assistant U.S. attorney in Georgia and Oklahoma, where he investigated and prosecuted white collar and public corruption cases. He also served as an assistant district attorney in Georgia. While at King & Spalding’s Atlanta office from 1994 to 1998, Richter represented individual and institutional clients in securities and other commercial litigation matters. He is a graduate of the University of Virginia School of Law.

King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with 800 lawyers in 17 offices in the United States, Europe, the Middle East and Asia. The firm has handled matters in over 160 countries on six continents.

 

Chris Christie to Deliver Keynote at GOP Convention

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As reported today in The Huffington Post, NAFUSA member Chris Christie,  governor of New Jersey, has been selected to be the keynote speaker for the Republican national convention to be held in Tampa later this month.

Christie, shown above speaking at the 2010 NAFUSA conference in New York, served as United States Attorney for the District of New Jersey, 2001-2008, and as governor of New Jersey since 2010.

Huff Post Politics writes:

The keynote speech is the highest profile spot for someone not accepting the party’s presidential or vice presidential nominations. The slot has launched many political figures, most notably a little-known state senator from Illinois named Barack Obama in 2004. Four years later, he won the White House.