Paul Coggins

On October 28, 2020, NAFUSA successfully held its first Webinar, thanks to the technical and financial support of King & Spalding LLP. NAFUSA President Paul Coggins moderated a lively discussion with Erin Nealy Cox, the United States Attorney for the Northern District of Texas and the chair of the Attorney General’s Advisory Committee (AGAC) and Corey Ellis, the Senior Official performing the duties of the Director of the Executive Office for United States Attorneys (EOUSA). Paul was particularly pleased to introduce Erin, whom he had hired as an AUSA when he was the U.S. Attorney for the ND of Texas.

The discussion opened with the subject of the challenge of the pandemic upon U.S. Attorney offices and the Department of Justice. Erin mentioned that she has been in the office every day and Covid has impacted every issue confronting her office and the offices around the country. For the first four weeks of the pandemic there were no grand juries, but now there are five a month in her district. The grand juries use larger rooms and masks, and there have been no issues on attendance. The practice has been similar in other districts, although the practice varies from district to district. It is not possible to have a full virtual grand jury.

Erin Nealy Cox

As for trials and the Speedy Trial Act, there has been no legislative change. There is a standing order in every district. There have been multiple trials cross country. They look very different with plexiglass, masks, spread out, computer in place of bench conferences. Jury trials are decreasing, though less in the civil field, with some ebb and flow. There has been a decline in tax cases, caused by few agents, fewer audits- driven by lower IRS budgets.

As for prospective priorities and resources, Erin mentioned violent crime increases and more proactive work, including covid fraud. As for legislative priorities, lawful access to technology remains a big concern of DOJ.

Cory Frazier Ellis

How is DOJ dealing with the potential loss of trust in institutions? Erin cited Project Safe Neighborhoods- an increase in involvement in local communities, “it helps when they know us.” Corey said “we have to focus on our mission- on the work; not the rhetoric.”

Morale problems during covid? No office in the country is closed. The management offices at Main Justice are full. It can be tough when peers are working at home. Erin stressed the need for communication and occasional virtual happy hours.

On the civil side, Erin stressed that her office is more proactive. Corey said civil case loads are higher than ever- increasing cases of nursing home fraud, elder fraud, sexual harassment in housing.

It has been a NAFUSA custom for several years to have the heads of the AGAC and EOUSA address our annual conferences. Paul closed the hour by thanking Erin and Corey for participating, albeit it virtually. Paul stated that we hope to have additional webinars until we are once again able to meet in person.