Sally Yates, Former Acting Attorney General and NAFUSA member, recently concluded a year-long investigation into the National Women’s Soccer League (NWSL). The investigation was commissioned by the U.S. Soccer Federation (USSF), the official governing body of soccer in the United States. The USSF retained King & Spalding, the law firm in which Ms. Yates is a partner, to conduct an independent investigation into allegations of abusive behavior in women’s professional soccer. Ms. Yates, who led the all-women investigation team, filed a 172-page report revealing a deeply rooted pattern of verbal abuse, emotional abuse, and sexual misconduct involving multiple teams, coaches, and victims.

Although the investigation focused on the NWSL and National Team players, the report, released October 3, 2022, identified systemic abuse beginning in youth leagues, which, the report contends, results in normalizing verbally abusive coaching. Ms. Yates and the investigative team conducted over 200 interviews, including more than 100 interviews with current and former NWSL and National Team players. These interviews revealed a pattern of degrading and relentless tirades by coaches an disturbing accounts of sexual misconduct. Furthermore, the report revealed that teams, the NWSL and the USSF repeatedly failed to respond appropriately to reports of abusive behavior.

The report made recommendations on how to change the culture of the league, including holding coaches accountable and better vetting of hires. U.S. Soccer President Cindy Parlow Cone called the findings in the report “heartbreaking and deeply troubling.” She promised changes to improve the league, including implementing recommendations from the Report.

Ms. Yates was United States Attorney from 2010 to 2015 for the Northern District of Georgia. President Barack Obama appointed her Deputy Attorney General in 2015.

At War with Corruption is the biography of Bill Price, former U.S. Attorney for the Western District of Oklahoma. Written by Michael J. Hightower, with a foreword by Oklahoma governor and NAFUSA member (ND Oklahoma 1981-1983) Frank Keating, the book details Price’s career in law and politics, which serves as a portal into corruption in Oklahoma. Episodes in that narrative include land swindles (soonerism) at the dawn of Oklahoma history; theft of Native Americans’ property and steamrolling of their cultures that reached a nadir in the Osage murders; the Supreme Court scandal of 1964–65; Leo Winters’ alleged misuse of state taxes (what was the treasurer doing with the people’s money?); Governor David Hall’s trial and conviction on charges of extortion; prosecutions of drug syndicates, Penn Square Bank insiders, and Oklahoma Corporation Commissioners on the take; and the systemic bribery in county governance that inspired this book. The book can be purchased on Amazon here.

Each of us vividly remember 9/11. NAFUSA member Joe Whitley shares his experience as we remember today all of those who were forever affected by this tragedy:

Twenty years ago, I represented a civilian witness in a Court Martial proceeding at Camp LeJeune on the maintenance of the newly developed Osprey aircraft. My client and I were to meet early on the morning of September 11, 2001 at my hotel in Jacksonville, NC and travel together to the nearby base. Before I left my hotel room, I received the news that my Father, a World War II veteran and retired University President, had passed away. My memory of that day remains vivid as a consequence of my Dad’s death and concerns about my client’s testimony in court. As we passed the military police at the gate, my client’s van was not inspected other than a cursory look at the sticker in the window. I asked my client why there was little scrutiny of his van and he indicated that he and his van were recognized by the military police, so there was no need for a more thorough exam. Of course, that would forever change within a few hours.

 

While in a witness room nearby, a buzz started to circulate that an airplane had accidentally flown into a World Trade Center Tower. A television was rolled into the room and it was apparent that no one at the base knew anything more about the events taking place in New York than what CNN was reporting. The news quickly changed with the report of another plane hitting the second tower. I was the only civilian in the room with no way to respond to the unfolding horror of other planes still airborne; however, I could see and feel the resolve of the Marines in the room. They all knew that their world and the America they served had drastically changed. After the proceedings, my client and I left base. At the gate, we saw a line of cars and trucks being thoroughly searched with the assistance of German shepherds.

 

All air travel had been suspended by the FAA. I spent the day driving in a rental car to my home in Georgia. It was an emotional time for me. I spoke with several of my family members about my Father’s passing. I also talked with many friends from my time in government service at DOJ about the other tragedies at the Pentagon and in Pennsylvania. Most expressed a wish that they could reenter government service and do something to protect our Country. I thought that such an opportunity would never come my way, until the Fall of 2002.

 

I received a call by White House Personnel and accepted the position as first General Counsel of the newly created Department of Homeland Security. I was honored to serve President Bush, Secretary Ridge and the American people. I was reminded daily of the greatness of America and the patriotism of the 2,000 men and women who made up the General Counsel’s office.

 

I realize my public service was no sacrifice. In memory of the thirteen young Americans who recently died in Afghanistan – I honor you and truly appreciate your service – Semper Fidelis. You paid the ultimate price so that I and others could be free. I am forever grateful.

The “polls” closed on Monday, May 24, 2021, on the NAFUSA on-line election and survey. 104 members recorded their votes, sufficient to meet the quorum of 69 (20% of our current membership of 347 active members). 99 members approved the postponement of the 2021 annual conference to a date in 2022 considered by the NAFUSA board of directors, in their sole discretion, to be safe for travel and meeting in a large group. Only 5 members voted no. Negotiations are near conclusion on holding the next conference in San Diego at the Hotel Del Coronado on April 6-8, 2022.

The following were elected officers effective immediately to serve until the adjournment of the annual conference in 2022: Karen Hewitt, President; Chuck Stevens, President Elect; Ken Wainstein, Vice President; Donna Bucella, Secretary; John Richter, Treasurer; Paul Coggins, Immediate Past President.

The following were elected directors as the Class of 2024, effective immediately to serve a three year term until the adjournment of the annual conference in 2024: John Brownlee, Willy Ferrer, Carol Lam, Paul Fishman, Chuck Rosenberg, Melinda Haag.

97 of the 104 members who completed the survey expressed a present intention to attend the San Diego conference next April, with only 7 indicating they do not plan to attend. This strong support for the San Diego conference will assist greatly in finalizing plans with the hotel.

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.

On October 3, 2020, the NAFUSA Board of Directors met virtually via a Zoom call, led by President Paul Coggins. Rich Rossman reported on the finances, which remain strong, despite the cancellation of the annual meeting due to Covid 19 concerns. The 18 sponsors who had advanced funds for the 2020 conference planned for New York refused our offer of rebates, giving us sufficient funds for the year and a head start for 2021. These sponsors were told their sponsorships would be good for 2020 and 2021 without the  expectation of additional contributions for 2021. Although we have fewer sponsors than normal, we are hopeful that the longstanding sponsors who did not participate this year will return as soon as pandemic concerns stabilize.

Lisa Rafferty reported that she was able to obtain full refunds for the deposits paid to the hotels for the cancelled 2020 board meeting (the Four Seasons in Austin) and conference (the Hilton in New York). Lisa also advised the board that 54 members have yet to pay dues this year, which is much higher than usual. She speculates that the work-from-home during the Covid crisis may have caused some members to overlook their dues this year. If dues are not paid by December 31, members become inactive and are removed from the member directory. They will, however, remain on the newsletter subscription list with hope that they stay in touch and consider rejoining.

Jack Selden reported that we currently have 312 active members, including five Trump appointees who have recently joined.

Plans were made for NAFUSA’s first webinar, to be held later in the month.

The board then held a lengthy discussion of public position guidelines. Paul Coggins raised the question on how the Board should go about considering proposals for the Board to issue public statements on current issues. Such proposals are fairly rare, and Board statements are much rarer, with the last two being one on the U.S. Attorney firings in 2007 and one this summer on the killing of George Floyd. The Board agreed to design a process for Board statements without any membership approval requirement, and to maintain the current practice of requiring a supermajority (75%) of the Board before approving a Board statement. The Floyd statement was approved unanimously.

Tentatively the Board plans to meet in the spring of 2021 in Austin, Texas and the conference in the fall in New York City. The 2022 conference will likely be held in Washington, DC and the 2023 conference in San Francisco or Los Angeles.

Dear Former United States Attorney:

Some of you may know of my 1978 book, Counsel for the United States:  U.S. Attorneys in the Legal and Political Systems (Johns Hopkins University Press).  The book  was the first (and until this year the only book) to study U. S attorneys offices, providing an analytical description of their relations with judges, investigative agencies, probation officers, defense attorneys, and Main Justice.  It also examined the links with the political system, and identified how U.S. attorneys shaped public policy.

Most of the interviews for the book were conducted in 1965, with a few more in 1970-71.  I also interviewed US attorneys and AUSAs along with other federal criminal justice participants in the early 2000s.  In 2007, I attended a Seattle School of Law Forum on the 2006 firings of eight U.S. attorneys.   The Seattle University Law Review (Vol. 31, 2008), published my article, ‘The U.S. Attorney firings of 2006:  Main Justice’s Efforts in Historical Context,” https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1047&context=sulr

I have been struck by how prominently U.S. attorneys have been in the news recently, and how many appear on cable news programs as guest commentators.  Watching them, I wondered if former U.S. attorneys would be interested in my book.  When my publisher decided to cease offering it many years ago, they sent  me the remaining  unsold copies in their warehouse.   They are in pristine condition, still in the boxes sent by Johns Hopkins University Press.

Having entered the octogenarian ranks, I thought that rather than burdening my heirs with disposing of these books, it would worth finding out if former U.S. attorneys would be interested in purchasing an autographed copy on one of the brand new books.  The retail price in 1978 was $15, equivalent to $59.35 today, so I thought $50 for an autographed copy with a personal inscription would be a fair price.  Postage,  packaging and addressing come to $3.50, for a total of $53.50.

If you are interested, please respond by May 1, 2020 and provide your mailing address, the district you headed, and remittance to me by check and I will inscribe the book to you and mail it to you.

Professor James Eisenstein

164 Beacon Circle

Boalsburg, PA 16827

If you have any comments or questions, you can email me at j3e@psu.edu

Thank you.

Yours truly,

James Eisenstein, Emeritus Professor of Political Science and Criminal Justice

Penn State University