The Washington Post reported on May 24, 2018, that Attorney General Jeff Sessions has named Zachary Terwilliger — a career federal prosecutor who most recently worked as chief of staff to Deputy Attorney General Rod J. Rosenstein — to serve as the interim U.S. attorney in the Eastern District of Virginia.
According to The Post:
The move will put Terwilliger, 37, at the center of some of the Justice Department’s most high-profile cases, including the investigation of the WikiLeaks organization and its founder, Julian Assange, and the discussions of what to do with the two British members of an Islamic State cell believed to be responsible for the brutal murders of Western hostages.
Paul Manafort, former campaign chairman for President Trump, is also scheduled to go on trial in the Eastern District this summer, and while that case is being led by special counsel Robert S. Mueller III, a prosecutor from the U.S. attorney’s office has been assigned to the team.
The appointment will allow Terwilliger to run the office without Senate confirmation on an interim basis. He can serve in the post for 120 days, and after that would have to be appointed by the chief judge in the district.
“Zach Terwilliger has a strong record that any prosecutor would be proud of,” Sessions said. “He rose through the ranks in the Eastern District of Virginia, from summer intern to Assistant United States Attorney who made a name for himself successfully prosecuting MS-13 members, Bloods members and firearm offenders, and putting them behind bars. He has excelled both in the courtroom and now in some of the highest leadership roles at the Department of Justice. I am confident that he will continue to serve with distinction in this important new role.”
The U.S. attorney’s office in the Eastern District of Virginia — which has more than 120 prosecutors and lawyers working in Alexandria, Richmond, Norfolk and Newport News — is a familiar place to Terwilliger. He began his career as an assistant U.S. attorney there in 2008, and spent much of the next 10 years prosecuting fraud, violent crime and human trafficking cases. He served as counselor to a previous U.S. attorney, Neil MacBride.
NAFUSA member MacBride told the Post: “Zach is a prosecutor’s prosecutor and will have immediate credibility with his colleagues, the bench, the defense bar and his local law enforcement partners. He’s principled, smart, fair and even tempered. Having spent the last year on some of the toughest issues facing DOJ, he’s got the independence and experience to lead this critical office at a critical time.”
Zachary Terwilliger is the son of NAFUSA member, George J. Terwilliger III, former deputy attorney general and U.S. Attorney (Vermont 1986-1991).
Attorney General Jeff Sessions announced today the appointment of six new U.S. Attorneys to serve two-year terms on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC), joining the nine members announced on November 13, 2017.
The new appointees are U.S. Attorney for the Northern District of Texas Erin Nealy Cox; U.S. Attorney for the Eastern District of New York Richard P. Donoghue; U.S. Attorney for the Middle District of Alabama Louis V. Franklin, Sr.; U.S. Attorney for the Northern District of Illinois John R. Lausch, Jr.; U.S. Attorney for the District of Massachusetts Andrew E. Lelling; and U.S. Attorney for the District of Delaware David C. Weiss.
“I am pleased to announce these new members of the Attorney General’s Advisory Committee. The Advisory Committee plays an important role in helping us achieve the Department of Justice’s goals, including to reduce violent crime, combat transnational criminal organizations, secure our southern border, end the devastating opioid crisis, and enforce the rule of law,” said Attorney General Sessions.
A brief biography of each new member is below:
Erin Nealy Cox
The Senate confirmed Erin Nealy Cox’s appointment as United States Attorney for the Northern District of Texas in November 2017. Prior to this appointment, Ms. Nealy Cox was a Senior Advisor at McKinsey & Co in the cybersecurity and risk practice and on the Board of Directors of Sally Beauty Holdings, a large retailer on the NYSE. From 1999 to 2008, Ms. Nealy Cox served as an Assistant United States Attorney in the Northern District of Texas, where she prosecuted cyber crimes, white collar crimes, and general crimes. In 2004 and 2005, she served at Main Justice as Chief of Staff and Senior Counsel to the Assistant Attorney General in the Office of Legal Policy. Ms. Nealy Cox also previously worked at Stroz Friedberg, a cybersecurity and investigations consulting firm. Ms. Nealy Cox clerked for the Honorable Henry A. Politz, when he served as Chief Judge of the Fifth Circuit Court of Appeals, and the Honorable Barefoot Sanders, United States District Judge in the Northern District of Texas. She received a B.B.A in Finance from the McCombs School of Business at the University of Texas at Austin and her J.D., magna cum laude, from Southern Methodist University Dedman School of Law.
Richard P. Donoghue
On January 5, 2018, the Attorney General appointed Richard P. Donoghue to be interim United States Attorney for the Eastern District of New York. Prior to this appointment, Mr. Donoghue served as the Senior Vice President and Chief Counsel for CA Technologies based in New York. From 2000 to 2011, Mr. Donoghue worked in the United States Attorney’s Office for the Eastern District of New York in various roles, including Criminal Chief and Deputy Criminal Chief. Mr. Donoghue received his B.A., cum laude, from Hofstra University and his J.D., from St. John’s University School of Law.
Louis V. Franklin, Sr.
The Senate confirmed Louis V. Franklin, Sr. to be United States Attorney for the Middle District of Alabama in September 2017. Mr. Franklin has served in the United States Attorney’s Office for the Middle District of Alabama for nearly 27 years, including as Criminal Chief for almost 16 years. Mr. Franklin served as an Assistant United States Attorney from 1990 to 1996 and from 1998 to 2001. From 1996 to 1998, Mr. Franklin was an associate at Sirote and Permutt. Mr. Franklin began his career as a staff attorney at the Legal Services Corporation of Alabama from 1987 to 1990. Mr. Franklin received his B.A. from the University of Alabama, an M.S. from Auburn University at Montgomery, and his J.D. from Howard University School of Law.
John R. Lausch, Jr.
The Senate confirmed John R. Lausch, Jr.’s appointment as United States Attorney for the Northern District of Illinois in November 2017. Prior to his appointment, Mr. Lausch was a partner at Kirkland & Ellis LLP. Previously, he served as an Assistant United States Attorney in the Northern District of Illinois from 1999 to 2010. During his time in the U.S. Attorney’s Office, Mr. Lausch served as a Deputy Chief in the Narcotics and Gangs Section for several years, where he helped lead the District’s Anti-Gang and Project Safe Neighborhoods programs. Mr. Lausch clerked for the Honorable Michael S. Kanne of the United States Court of Appeals for the Seventh Circuit. He received his A.B., cum laude, from Harvard University and his J.D., cum laude, from Northwestern University School of Law.
Andrew E. Lelling
The Senate confirmed Andrew E. Lelling’s appointment as United States Attorney for the District of Massachusetts in December 2017. Prior to this appointment, Mr. Lelling was the senior litigation counsel for the United States Attorney’s Office for the District of Massachusetts and has worked in that office for 12 years, prosecuting white collar crime and international drug trafficking, among other offenses. Mr. Lelling also served as an Assistant United States Attorney in the Eastern District of Virginia. He previously served as counsel to the Assistant Attorney General at the Department of Justice Civil Rights Division. Mr. Lelling clerked for the Honorable B. Avant Edenfield of the United States District Court for the Southern District of Georgia. He received his B.A., magna cum laude, from the State University of New York at Binghamton and his J.D., cum laude, from the University of Pennsylvania Law School.
David C. Weiss
David C. Weiss’s nomination to be United States Attorney for the District of Delaware was confirmed in February. Mr. Weiss previously served as the Acting United States Attorney for the District of Delaware from 2009 to 2011 and 2017 to 2018, and as the First Assistant United States Attorney from 2007 to 2017. Prior to serving in these positions, Mr. Weiss was an Assistant United States Attorney from 1986 to 1989. Mr. Weiss clerked for the Honorable Andrew D. Christie of the Delaware Supreme Court. Mr. Weiss received his B.S. from Washington University and his J.D. from Widener University School of Law.
On March 6, 2018, NAFUSA President Hal Hardin led a delegation of NAFUSA leaders to meet with Attorney General Jeff Sessions, Deputy Attorney General Rod Rosenstein, and the Attorney General’s Advisory Committee (AGAC). Joining Hardin in the AG’s conference room in the photo above (left to right) are Vice President Paul Coggins, Counsel to the Board Jay Stephens, AG Jeff Sessions, President Elect Terry Flynn, and board members John Richter and Tim Heaphy.
The photo below shows the NAFUSA delegation with DAG Rod Rosenstein in the DAG’s conference room. In all three meetings, the committee shared NAFUSA’s commitment to the U.S. Attorney community, and discussed NAFUSA’s desire to support the Department in a nonpartisan manner. The group also discussed the Bradford Award; the Wales Project; and how we have an American flag flown over Main Justice when a former U.S. Attorney dies and presented to the family as a token of the regard with which he or she was held by his or her former colleagues. There was also a discussion of the limitations on our taking public positions as an organization due to our nonpartisan and bipartisan nature.
The liaison committee was first formed in 2010 and Hal Hardin expressed his pleasure that these meetings are continuing in the Sessions Administration. “All the DOJ attorneys were most hospitable and thanked NAFUSA for the meetings,” said Hardin. “Having a good relationship with Main Justice and the U.S. Attorney community will enable us to fulfill our mission ‘to promote, defend and further the integrity and the preservation of the litigating authority and independence of the office of the United States Authority…,’” said Hardin.
Attorney General Jeff Sessions announced on December 6, 2017, that James A. Crowell IV has been named Acting Director for the Executive Office for U.S. Attorneys (EOUSA).
“Jim Crowell is an exceptional career prosecutor, who has served with distinction in a variety of leadership roles in the Department of Justice,” said Attorney General Sessions. “Jim has been an outstanding public servant and principled leader. I am grateful he has agreed to take on this responsibility, and I look forward to continuing to work with him and the U.S. Attorneys as we continue our efforts to deter crime, promote the rule of law, and ensure equal justice for everyone.”
Prior to this appointment, James Crowell served as Chief of Staff to the Deputy Attorney General, Associate Deputy Attorney General, and Acting Principal Associate Deputy Attorney General. Before joining the Deputy Attorney General’s office, Crowell was the Criminal Chief in the U.S. Attorney’s Office for the District of Maryland, where he began as an Assistant United States Attorney. As Criminal Chief, Crowell oversaw the work of over 85 Assistant U.S. Attorneys involved in criminal prosecutions, including national security, violent crime, fraud and corruption, cybercrime, narcotics, asset forfeiture, and money laundering, as well as the Anti-Terrorism Advisory Council, Organized Crime Drug Enforcement Task Force, Project Safe Child, Project Safe Neighborhood, and related anti-crime programs. Crowell also served as the Chief of the Southern Division.
James Crowell is the recipient of numerous law enforcement awards, including all three of the Department of Defense’s highest civilian awards, recognizing his effort to combat contract fraud and corruption involving military contracts.
Attorney General Jeff Sessions announced on November 13, 2017, the appointment of nine new U.S. Attorneys to serve two-year terms on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). AGAC was created in 1973 and reports to the Attorney General through the Deputy Attorney General. AGAC represents the U.S. Attorneys and provides advice and counsel to the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys.
“I am pleased to announce the first members of the Attorney General’s Advisory Committee under this administration. These U.S. Attorneys will play an important role in carrying out the Department of Justice’s mission to reduce violent crime, combat transnational criminal organizations, secure our southern border, end the devastating opioid crisis, and return to the rule of law,” said Attorney General Sessions.
The Department’s press release contained the following brief bios on each nominee:
Richard Moore (Chair)
The Senate confirmed Richard Moore’s appointment as United States Attorney for the Southern District of Alabama in September 2017. Prior to this appointment, Mr. Moore served as the Inspector General for the Tennessee Valley Authority. From May 2009 to March 2011, Mr. Moore was the Chairman of the Investigations Committee for the Council of Inspectors General on Integrity and Efficiency. Prior to this position, Mr. Moore served as an Assistant United States Attorney for the Southern District of Alabama from 1985 to 2003. From 1997 to 1998, Mr. Moore was an Atlantic Fellow in Public Policy at Oxford University in England. Mr. Moore received his B.S., summa cum laude, from Spring Hill College and his J.D. from the Samford University Cumberland School of Law.
John W. Huber (Vice Chair)
Since June 2015, John Huber has served as the United States Attorney for the District of Utah, and in August 2017, the Senate again confirmed his appointment. Prior to being United States Attorney, Mr. Huber served as an Assistant United States Attorney for thirteen years. Mr. Huber began his prosecutorial career in the Weber County (Utah) Attorney’s Office, and later served as the Chief Prosecutor for West Valley City, Utah, before joining the United States Attorney’s Office in 2002. Mr. Huber received his B.A. from the University of Utah and his J.D. from the University of Utah College of Law.
Justin E. Herdman
The Senate confirmed Justin Herdman’s appointment as United States Attorney for the Northern District of Ohio in August 2017. Prior to this appointment, Mr. Herdman was a partner at Jones Day and an Assistant United States Attorney in Cleveland, Ohio. Mr. Herdman previously served as an Assistant District Attorney in New York City from 2001 to 2005 and as an associate at Vorys, Sater, Seymour and Pease, LLP. He is currently a Judge Advocate General in the United States Air Force Reserve. Mr. Herdman received his B.A. from Ohio University, his Master of Philosophy from the University of Glasgow and his J.D. from Harvard Law School.
Robert Higdon
The Senate confirmed Robert Higdon to be United States Attorney for the Eastern District of North Carolina in October 2017. Prior to this appointment, Mr. Higdon was a partner at the law firm of Williams Mullen. He previously served as an Assistant United States Attorney in both the Western and Eastern Districts of North Carolina. In the Eastern District U.S. Attorney’s Office, Mr. Higdon served as Chief of the Criminal Division for more than 11 years. Mr. Higdon also served as senior trial counsel in the Public Integrity Section of the Department of Justice. He received his B.A., cum laude, from Wake Forest University and his J.D. from Wake Forest University School of Law.
Jeff Jensen
The Senate confirmed Jeff Jensen to be United States Attorney for the Eastern District of Missouri in October 2017. Prior to this appointment, Mr. Jensen was a partner at Husch Blackwell LLP. He served as an Assistant United States Attorney in the Eastern District of Missouri starting in 1999, and was Executive United States Attorney from 2005 to 2009. Prior to joining the U.S. Attorney’s Office, Mr. Jensen was an FBI Special Agent from 1989 to 1999. While working at the FBI, Mr. Jensen attended St. Louis University School of Law at night, graduating magna cum laude. He also received his B.A., cum laude, from Indiana University School of Business.
Jessie K. Liu
The Senate confirmed Jessie Liu to be United States Attorney for the District of Columbia in September 2017. Ms. Liu was previously Deputy General Counsel for the United States Department of the Treasury and a partner at the law firms of Morrison & Foerster LLP and Jenner & Block LLP. In addition, she has served as an Assistant United States Attorney in the District of Columbia and in several senior positions in the United States Department of Justice, including as Deputy Assistant Attorney General in the Civil Rights Division, counsel to the Deputy Attorney General, and deputy chief of staff for the National Security Division. Ms. Liu clerked for then-Chief Judge Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit. She received her A.B., summa cum laude, from Harvard University and her J.D. from Yale Law School.
Joshua Minkler
The Senate confirmed Joshua Minkler to be United States Attorney for the Southern District of Indiana in October 2017. Since June 2015, Mr. Minkler had served as the interim United States Attorney for the Southern District of Indiana. Prior to that position, he served for 21 years as an Assistant United States Attorney in the Southern District of Indiana. Before he joined the U.S. Attorney’s Office, Mr. Minkler served for five years as an assistant prosecuting attorney in the Office of the Kent County Michigan Prosecuting Attorney. Mr. Minkler received his B.A. from Wabash College, and his J.D. from Indiana University Maurer School of Law.
Bryan Schroder
Bryan Schroder’s nomination to be United States Attorney for the District of Alaska is pending in the Senate. Mr. Schroder is currently the Acting United States Attorney for the District of Alaska, and previously served as the First Assistant United States Attorney and Criminal Chief. Mr. Schroder has served in the U.S. Attorney’s Office for more than 11 years. Mr. Schroder is a retired Captain in the U.S. Coast Guard, having served for 24 years. Mr. Schroder graduated from the U.S. Coast Guard Academy and the University of Washington School of Law.
R.Trent Shores
The Senate confirmed Robert Trent Shores to be United States Attorney for the Northern District of Oklahoma in September 2017. Prior to this appointment, Mr. Shores was an Assistant United States Attorney in the Northern District of Oklahoma. Mr. Shores previously served as First Assistant Attorney General for the State of Oklahoma and deputy director for the Department of Justice’s Office of Tribal Justice, where he developed initiatives to promote public safety in Indian Country. Mr. Shores received his undergraduate degree from Vanderbilt University and his J.D. from the University of Oklahoma College of Law.
The Daily Beast reported at 6 PM that NAFUSA member Robert Mueller will serve as special counsel to oversee the FBI’s investigation of the Russian government’s efforts to influence the 2016 presidential election. The decision was made by Deputy AG Rod Rosenstein, due to Attorney General Jeff Sessions recusal.
The investigation will also examine ‘related matters,’ according to the release–indicating Mueller will look at possible collusion between Trump campaign officials and the Russian government.
Mueller will have the power to bring in staff from outside the Justice Department to help with the investigation, and will have all the authority of a U.S. Attorney. He will also be able to request a budget for the investigation, which Rosenstein will ultimately approve.
‘In my capacity as acting Attorney General, I determined that it is in the public interest for me to exercise my authority and appoint a special counsel to assume responsibility for this matter,’ he said in a statement. ‘My decision is not a finding that crimes have been committed or that any prosecution is warranted.’
‘What I have determined is that based upon the unique circumstances, the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command.’
On Monday, March 6, 2017, a letter was submitted to the Senate Judiciary Committee, signed by 136 former United States Attorneys, (including many NAFUSA members) supporting the Rosenstein nomination to be Deputy Attorney General. Click here to review the letter and a full list of signatories: Rosenstein Support Letter
As former U.S. Attorneys, we are in a special position to evaluate the qualifications of one of our own to serve as our nation’s Deputy Attorney General, and we know the important characteristics it takes to serve effectively in that position. It requires a tireless work ethic, unassailable integrity, careful legal thinking, and prudent judgment. These are qualities Mr. Rosenstein possesses in abundance. Many of us served alongside Rod, know him personally, and can vouch for his outstanding reputation—both as a fair and extraordinarily effective prosecutor, and as a person of the highest integrity.
Rod’s record of achievement demonstrates those traits. He graduated from the Wharton School of the University of Pennsylvania, with a B.S. in Economics, summa cum laude, and earned his J.D. cum laude from Harvard Law School, where he was an editor of the Harvard Law Review. He then served as a law clerk to Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit. After his clerkship, Rod joined the Justice Department through the Attorney General’s Honors Program. Since that time, he has served in a variety of significant positions, including a trial attorney with the Public Integrity Section of the Criminal Division, Counsel to Deputy Attorney General and Special Assistant to the Assistant Attorney General for the Criminal Division, Assistant U.S. Attorney for the District of Maryland, Principal Deputy Assistant Attorney General for the Tax Division, and as United States Attorney for the District of Maryland. Rod has seen it all and done it all, and knows intimately the workings of the Department, its duties, its powers, and its bounds.
His lengthy tenure also demonstrates his commitment to public service. He has now served as U.S. Attorney for almost 12 years, under three presidents—a remarkable tour of duty that is far longer than typical. At any time Mr. Rosenstein could have left his position as U.S. Attorney for a lucrative career in the private sector. That he is one of the very few who did not is, perhaps, the strongest testament to his devotion to public service.
Finally, Mr. Rosenstein’s record demonstrates his integrity and independence. He has served as an Associate Independent Counsel, investigated White House officials, prosecute public-corruption cases, and relentlessly pursued every kind of fraud and malfeasance, regardless of the party in power. He epitomizes the ideal DOJ lawyer with his outstanding record of honesty, decency, good judgment and hard work. We have no doubt he will exercise this sound judgment in the role of Deputy Attorney General and fulfill his duties with the utmost propriety and care.
Attorney General Jeff Sessions has asked for the resignations of the remaining 46 U.S. Attorneys appointed by President Obama who have not already left office “in order to ensure a uniform transition,” Justice Department spokeswoman Sarah Isgur Flores said on Friday.
“Until the new U.S. attorneys are confirmed, the dedicated career prosecutors in our U.S. attorney’s offices will continue the great work of the department in investigating, prosecuting and deterring the most violent offenders,” she said in a statement.
Rod J. Rosenstein, the U.S. attorney in Baltimore, has been nominated to be the Deputy Attorney General. Rosenstein, 52, is the sole holdover U.S. attorney from the George W. Bush administration who is still in office. He is the longest-serving U.S. Attorney in the nation, having been confirmed for the District of Maryland in 2005. If confirmed, he will continue the recent trend of former U.S. Attorneys elevated to the posts of Attorney General (Holder, Lynch and Sessions) and Deputy AG (Yates, Rosenstein).
Rosenstein, a Harvard law graduate, joined the Justice Department in 1990 as a trial attorney in the criminal division’s public integrity section.
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