July 2013

NAFUSA Update is published monthly. NAFUSA's website can be accessed directly from this newsletter. New articles are posted to the website during the month.  You may also subscribe to NAFUSA email updates, delivered to your inbox overnight, the day after any new items are posted. (Be sure to complete the two step process.) You can also follow NAFUSA on Twitter (@NAFUSAorg).
DC Conference Plans Announced


The NAFUSA DC Planning Committee, chaired by President Jay Stephens, has announced the early plans for this year's NAFUSA conference to be held at the JW Marriott in Washington, DC, September 26-28, 2013.



Ted OlsonOn Saturday morning, September 28, NAFUSA member Ted Olson, shown left, will anchor a panel on the Supreme Court. Olson served as the solicitor general of the United States, 2001-2004. He also served as the assistant attorney general in charge of the Office of Legal Counsel, 1981-1984. He is currently a partner in the Washington office of Gibson, Dunn & Crutcher. Earlier this year, Olson was named one of "The Most Influential Lawyers in America" by the National Law Journal.


In March, he argued the historic case of Hollingsworth v. Perry, challenging California Proposition 8, which overturned a State Supreme Court decision allowing same-sex marriage. On June 27, 2013, the United States Supreme Court held the the case was not properly before the court. California officials had declined to appeal the trial court's decision and proponents of Proposition 8 were determined by the Supreme Court to lack standing to step into the state's shoes. The ruling left in place the trial court victory for two same-sex couples who had sought to marry, and is considered a major victory for Olson and David Boies, co-lead counsel for the plaintiffs.



Charlie SavageOn Friday afternoon, following the morning CLE, the conference will hold a luncheon at the JW Marriott, and Charlie Savage, shown left, will once again join us, for the fourth year in a row. Savage will moderate a panel on drones. Savage is a Washington correspondent for The New York Times. Savage covered national legal affairs for the Boston Globe from 2003 to 2008. He received a Pulitzer Prize for National Reporting in 2007. His book about the growth of executive power, Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy, was named one of the best books of 2007 by both Slate and Esquire.



Ron MachenWhen the conference officially opens on Friday morning, Ronald C. Machen, Jr., shown right, the United States Attorney for the District of Columbia, will welcome conference attendees to Washington. Machen was nominated by President Barack Obama on December 24, 2009 and confirmed by the United States Senate on February 11, 2010. He also serves as a member of the Attorney General's Advisory Committee. 

Before Machen's appointment as U.S. Attorney, he was a partner at the law firm of Wilmer, Cutler, Pickering, Hale and Dorr and practiced in the firm's Investigations and Criminal Litigation group. Before practicing at WilmerHale, Mr. Machen served as an Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Columbia from 1997 to 2001.
Machen joined the U.S. Attorney's Office in 1997 after having served as a law clerk to the Honorable Damon J. Keith, U.S. Court of Appeals Judge for the Sixth Circuit. Mr. Machen graduated from Harvard Law School in 1994.


During his career, Machen has been repeatedly recognized for his professional accomplishments. In 2012, he received a "Visionary Award" from the Legal Times for helping to advance the practice of law during his time as U.S. Attorney. In 2008, the National Law Journal named him one of the "50 Most Influential Minority Lawyers in America." In 2007, The American Lawyer identified him as one of the "50 Most Promising Litigators in America Under the Age of 45," and in 2006, the Washingtonian magazine named him one of D.C.'s "Top 40 Lawyers Under 40."


On Friday afternoon, NAFUSA members will be invited for a "Day at Justice" in the Great Hall at Main Justice, where we will meet with senior DOJ officials. The planning committee is also working on two additional panels; one of government enforcement hot topics and one of criminal litigation ethics. Details will be announced soon.


Conference social events will include a Thursday cocktail reception on the Jones Day rooftop overlooking the Capitol, Friday evening class reunion dinners, a Saturday Potomac River cruise, and a concluding Saturday evening banquet.

NAFUSA Liaison Committee Meets with AGAC
On June 12, 2013, the NAFUSA Liaison Committee met with the Attorney General's Advisory Committee (AGAC) in Washington. Jay Stephens chaired the committee and was NAFUSA's principal spokesman. The other committee members were Don Stern (substituting for Rick Deane who was unable to attend), Matt Orwig, Doug Jones, Ken Wainstein and Rich Rossman.
The AGAC, is chaired by Lorreta Lynch (a former NAFUSA member from her first term as US Attorney in the Clinton Administration) and Sally Yates is the Vice-Chair. Although other issues were touched upon briefly, most of the discussion centered upon sequestration. The AGAC explained that if the sequester continues into FY14, all AUSAs and staff members will suffer mandatory three week furloughs. The hiring freeze will continue until 2015, with an anticipated loss of 1200 positions. The Department will find it self with the same staffing as 1997, but with a significant increase in case loads.
The US Attorney offices will be forced to reassess priorities. Cases will be pushed to state and local authorities. Some areas will be immune such as national security, but there will be a large impact on violent crime prosecution, guns, etc. The safety of the public will be impacted. Such areas as Indian country will be particulary hard hit. They can't push those cases to state and local and case loads have increased by 40%.
As offices lose positions by attrition, they will unable to replace. Reduced travel budgets will hurt investigations. The AGAC members have already seen the impact of sequestration on the Federal Defenders, the Bureau and other agencies.
Mayorkas Nominated to be Deputy Secretary of DHS

Ali MayorkasPresidentObama

announced last week the nomination NAFUSA member Alejandro Mayorkas to be deputy secretary of the Department of Homeland Security. Mayorkas is currently the director of United States Citizenship and Immigration Services (USCIS) at DHS. He served on the panel on immigration at NAFUSA's Atlanta conference in 2012. Mayorkas served as the United States Attorney for the Central District of California 1999-200. At the time of his appointment by President Clinton, Mayorkas became the youngest U.S. Attorney to serve the nation at that time.


Prior to becomming the director of USCIS, Mayorkas was a partner in the law firm of O'Melveny & Myers LLP. He served as a member of firm's worldwide governing Policy Committee. In 2008, the National Law Journal recognized Mayorkas as one of the "50 Most Influnetial Minority Lawyers in America." He is a graduate of Loyola Law School.

Robert Morgenthau Opines on Rights of Shooting Victims
Morgenthau in New York 

In the June 24, 2013, New York Times Op-Ed piece entitled Let Shooting Victims Sue , NAFUSA member Robert M. Morgenthau writes that gun manufacturers, distributors and dealers should be held responsible for reckless acts that send guns to the black market.

Morgenthau writes:

The Second Amendment right to bear arms is an important right. But the contours of that right must not extend to those who look away as their guns enter the hands of criminals and the mentally unstable. Congress should immediately repeal the 2005 gun immunity law, and let free-market incentives encourage responsible behavior by the gun industry.

Morgenthau, who was honored by NAFUSA in 2010 upon his retirement as the Manhattan district attorney from 1975 to 2009, served as the United States Attorney for the Southern District of New York, 1961-1970. In the photo above, Morgenthau is shown at the NAFUSA reception in New York in his honor, with (left to right) Ron Woods, Rich Rossman, New York DA Cyrus Vance, Jr., Robert Morgenthau, Rudy Giuliani and George Terwilliger.

DOJ To Appeal Reversal of Sanctions in Ted Stevens Case

On June 10, 2013, the Justice Department filed a petition asking the Merit Systems Protection Board to reverse the decision by Adminstrative Judge Benjamin Gutman in April that the Department had violated internal procedure in the disciplinary actions against AUSAs Joseph Bottini and James Goeke. The two assistants were accused of ethical violations in the corruption cases against the late Alaska Senator Ted Stevens.


The Office of Professional Responsibility had concluded that Goeke and Bottini committed professional misconduct in the Stevens case. The Justice Department overruled career DOJ attorney Terrence Berg who had determined the two had exercised poor judgment but not professional misconduct.


NAFUSA board member Kenneth Wainstein represents Bottini and said Berg "was dead right when he concluded that Joe had made honest mistakes that were not professional misconduct, and MSPB Judge Gutman was equally right to find a procedural violation when the Justice Department ignored that conclusion."

Thornburgh Speaks on The Global Effort to Contain Corruption

Dick Thornburgh NAFUSA member and former Attorney General Dick Thornburgh spoke at a June 24, 2013 program on U.S. and International Anti-Corruption Law at American University Columbus College of Law. The title of Thornburgh's address was The Global Effort to Contain Official Corruption. He reviews the efforts being made to deal with official corruption, both at the country level and at the level of multi-national organizations. He then discusses a "checklist of the 'nuts and bolts' required for executing an effective anti-corruption program," and concludes:

Any message of quality of life in any country or region must include consideration of its quality of governance. In the long run, corrupt rulers cannot provide their constituents with fulfillment of their hopes and aspirations at a price they are willing to tolerate. Sooner or later, citizens worldwide will demand higher standards and more accountability from those who govern them. And that will hold out the promise of true progress for all.

Thornburgh also served as the United States Attorney for the Western District of Pennsylvania (1969-1975), Governor of Pennsylvania (1979-1987) and Under-Secretary General of the United Nations (1992-1993). He currently practices with K&L Gates in Washington.

Marti Robinson Confirmed for Commissioner, Consumer Product Safety Commission 

Marti RobinsonMarietta S. Robinson was confirmed on June 28, 2013 by the United States Senate to serve on the Consumer Product Safety Commission. Robinson was nominated by President Obama in January 2012.


Robinson has practiced as a trial attorney for 33 years, handling a wide variety of complex litigation for both plaintiffs and defendants. She is also a Fellow of the International Society of Barristers, a position she has held since 1994, and served as its first female president from 2010 to 2011. In 2011, Robinson served as independent legal counsel to the Chair of the United Nations Peacebuilding Commission in Liberia.


Previously, Robinson served for eight years as a federally-appointed trustee of the Dalkon Shield Trust, which disbursed over $2.4 billion to more than 300,000 claimants in over 120 countries. She is a Fellow in American Bar Foundation and Michigan Bar, and in 2000 was a candidate for the Michigan Supreme Court. In 2009, Robinson was an appointed member of the Judicial Advisory Committee for the Eastern District of Michigan and from 1985 to 1989 she served on the Michigan State Building Authority. She also served as a member of the Michigan State Bar Representative Assembly. Robinson earned her J.D. from the UCLA School of Law. She is the wife of the late James K. Robinson, a former president of NAFUSA and assistant attorney general in charge of the Criminal Division

2013 Sponsors
GreenbergTraurig logo
E & Y logo
Norton Rose Fulbright logo
  Deloitte logo
National Association of Former United States Attorneys (NAFUSA).
Richard A. Rossman
Executive Director
27 Oakland Park
Pleasant Ridge, Michigan 48069
Phone: 248-548-8289

Join Our Mailing List
Washington, DC to Host 2013 Conference
US Capitol Registration will open this week for the September 26-28, 2013, annual NAFUSA conference at the JW Marriott in Washington,DC. NAFUSA members will receive an email invitation to register.
In This Issue
DC Plans Announced
NAFUSA Meets with AGAC
Mayorkas Nominated as Deputy Secretary of DHS
Morgenthau OpEd on Gun Victims
DOJ Appeals Reversal of Sanctions
Thornburgh Speaks on Global Corruption
Marti Robinson Confirmed
New Sponsors for DC

E & Y logoPerennial sponsor Ernst & Young has once again signed up to sponsor the 2013 conference at the $15,000 level. EY is a global leader in assurance, tax, transactions and advisory service with over 167,000 people worldwide.


Norton Rose Fulbright logo 

The new global practice Norton Rose Fulbright launched on June 3, 2013, and joined NAFUSA's list of sponsors with a $5,000 contribution. The combination of Norton Rose and Fulbright & Jaworski, it has close to 3,800 lawyers, making it one of the world's top 10 legal practices.
Deloitte logo   
Deloitte returns with a $5,000 contribution for 2013. With more than 57,000 professionals in the United States, the firm works in four key business areas: audit, financial advisory, tax and consulting.