Update on New York Terrorism Panel

At the NAFUSA annual conference in October, 2010, The New York Times reporter Charlie Savage, left, moderated a two hour panel discussion on the appropriate forum in which to prosecute terrorism cases. More than a year later the national debate on this issue remains unresolved. In a front page article on December 12, 2011, Savage reports on the dilemma confronting the Obama administration on what to do with a detainee held by the American military in Iraq. Read Detainee Poses Dilemma For U.S. As It Exits Iraq.

Subsequent to the publication of the Savage article, the U.S. military turned the prisoner over to the Iraqi government

Update on WikiLeaks Panel

At the Santa Fe conference this past fall, the two-hour panel on WikiLeaks featured a lively discussion on whether or not there have been any serious ramifications from the extensive leaks. The debate continues and on December 8, 2011, The Wall Street Journal published an op/ed Don’t Cry for Julian Assange by Floyd Abrams, noted First Amendment lawyer. Abrams argues that Julian Assange and WikiLeaks have exhibited “persistent recklessness” in such disclosures as a classified report describing the radio-frequency jammers used in Iraq by American soldiers to cut off signals to remotely detonated explosives.

Robert Miller Authors Article on Prosecutive Discretion


NAFUSA member Robert N. Miller served as United States Attorney for the District of Colorado from 1981-1988, after having served as District Attorney in Greeley, Colorado for ten years. Miller is now a partner in the Denver office of Perkins Coie, where he practices complex commercial litigation and white collar criminal law.

This summer Miller published an article in the ABA magazine Litigation entitled “Balancing the Duty to Prosecute and the Obligation to Do Justice”.  He draws upon several of the cases in which he was involved as U.S. Attorney.

Peter Vaira Publishes Article on Cost Guidelines for E-Discovery


Long time NAFUSA member, Peter Vaira, has recently published an article for The Legal Intelligencer, dealing with a recent case in the Eastern District of Pennsylvania, in which one of the U.S. District Court judges discussed e-discovery techniques he found acceptable. The court upheld court costs of $510,137 for pre-trial discovery. Click here to read the Vaira article, previously published in ‘The Legal Intelligencer’, November 8, 2011.

Vaira served ten years in the Department of Justice Organized Crime and Racketeering Section, most of which as Chief, Chicago Strike Force. He served as the United States Attorney, Eastern District of Pennsylvania, 1978-1983. He is currently a member of the law firm of Vaira & Riley in Philadelphia. He is the author of Eastern District Federal Practice Rules, published annually by Gann Law Books.

NAFUSA Members Honored by Fifth Circuit for Their Roles in Historic Judicial Impeachment

Larry Finder and Ron Woods with U.S. District Judge Sim Lake

The Fifth Circuit Court of Appeals honored NAFUSA members Ron Woods and Larry Finder at the Federal Bar Association Annual Judiciary Dinner in Houston on November 10, 2011 by presenting each a plaque with the inscription:

United States Courts Judicial Council Of The Fifth Circuit Presents To Ronald G. Woods/Lawrence D. Finder With Gratitude for Exceptional Assistance to Preserve the Integrity of the Judiciary. Presented in Houston November 10, 2011

The presenter was U.S. District Judge Sim Lake of Houston, who was appointed by the Chief Judge of the Fifth Circuit to serve on a Special Committee with Chief Judge Edith Jones and Fortunato “Pete” Benevides of the Fifth Circuit Court of Appeals to hear the evidence against U.S. District Judge G. Thomas Porteous of New Orleans.

Pursuant to Title 28, U.S.C., Section 353, the Special Committee sat as judges in trial in the Fifth Circuit Court of Appeals Courtroom in New Orleans wherein Ron Woods and Larry Finder presented the evidence they had gathered against Judge Porteous, who represented himself. After a two day trial in a closed courtroom, the evidence was then summarized and presented to the full 19 member Judicial Council of the Fifth Circuit by Woods and Finder. Judge Porteous again represented himself before the Judicial Council.

As a result, the Judicial Council removed Judge Porteous from hearing any cases involving the federal government and forwarded the entire record to the Chief Justice of the United States, as presiding officer of the Judicial Conference of the United States, with the statement that Judge Porteous has engaged in conduct that might constitute one or more grounds for impeachment under Article II of the Constitution. The Judicial Conference reviewed the evidence and forwarded it to the U.S. House of Representatives with the statement that Judge Porteous has engaged in conduct that might constitute grounds for impeachment under Article II of the Constitution. The U.S. House of Representatives reviewed the evidence and impeached Judge Porteous. A trial was conducted in the United States Senate and Judge Porteous, now represented by Jonathan Turley, was convicted and removed from office on December 8, 2010. This was only the eighth time in history that the Senate has convicted and removed an impeached judge and only the third time in history that the Senate has issued an order disqualifying a judge fromever holding a federal office again.

DOJ Legend Jack Keeney Dies

Jack Keeney meeting Michelle Obama with Attorney General Eric Holder

The legendary John C. Keeney, who served in the Criminal Division for 59 years, passed away on Saturday, November 19, 2011, at his home in Kensington, Maryland. Jack joined the Criminal Division at Main Justice on March 19, 1951, and served until his retirement in 2010, at the age of 88. He served 11 U.S. Presidents. For several decades, he served as the Deputy Assistant Attorney General for the Criminal Division, including numberous stints as the Acting Assistant Attorney General.

In 1990 Keeney received the Henry E. Petersen Award, the Criminal Division’s highest award. He 1996, he received the Attorney General’s Award, the highest award bestowed by the Attorney General. In 2010, one of the Criminal Division buildings was named in honor of Jack.

Before his service with the Department of Justice, Jack was a pilot in the U.S. Army Air Corps, flying several B-17 bombing raids over Nazi Germany, one such raid resulting in his being held by German forces as a prisoner of war.

Jack received law degrees from The Dickinson School of Law and The  George Washington University Law School. He was married to the late Eugenia Brislin and had five children and two grandchildren.

He was truly an American hero.

Former NAFUSA Executive Director Charles Graves Dies

Chuck Graves, who served as Executive Director of NAFUSA 1998-2000, and as President of NAFUSA 1999-2000, passed away August 22, 2011, in Billings, Montanta. He was 80 years old at the time of his death. He was appointed by President Jimmy Carter as the United States Attorney for the District of Wyoming, and served from 1977-1981.

Graves received his law degree from the University of Colorado. He had a successful law practice in Cheyenne, Wyoming for many years. He is survived by his wife, Halene, as well as five children and several grandchildren and great grandchildren.

NAFUSA presented Halene with an American flag with the following inscription: Flown over the U.S. Department of Justice on November 15, 2011 in honor of Charles E. Graves, U.S. Attorney for the District of Wyoming (1977-1980).

Santa Fe Conference Roundup (Updated)

NAFUSA President Rick Deane and DHS Secretary Janet Napolitano

UPDATED SUMMARY NOVEMBER 9, 2011

NAFUSA concluded a successful annual conference in Santa Fe, New Mexico, on October 1, 2011. Click here to view 700 photos from the conference.

Main Justice has posted videos from the Santa Fe conference.

Click here to view the presentation of the Bradford Award to AUSA Ken Sorenson.

Click here to view Janet Napolitano’s keynote address at the concluding banquet and Ken Sorenson’s presentation of the case which won him the Bradford Award.

Finally, click here to view portions of the WikiLeaks panel discussion.

NAFUSA member Peter Vaira once again has provided detailed summaries of the conference. Click here to read Peter’s summaries of the Santa Fe conference presentations, including Steve Easton’s presentation on expert witnesses, the panel on Southwest border issues, the WikiLeaks panel and Stewart Youngs’s presentation on the Supreme Court term 2010-2011.

Ira Raphaelson Named Legal Head at Las Vegas Sands Corporation

NAFUSA member Ira Raphaelson, who served as the United States Attorney for the Northern District of Illinois from 1989-1990, was named Executive Vice President and General Counsel of Las Vegas Sands, Corp., beginning November 1, 2011, where he will be responsible for the company’s legal affairs worldwide. Raphaelson previously served as Vice President, General Counsel and Secretary to the Board of Directors of Scientific Games Corportation, a leader in the lottery industry.

In addition to serving as U.S. Attorney, Raphaelson was appointed by President George H.W. Bush as Special Counsel for Financial Institutions. He also served as Counsel to the Attorney General (1991-1993). He earned his J.D. from Northwestern University. He is married with three children and two grandchildren.