Passing of Ted Olson

Former U.S. Solicitor General Ted Olson died Wednesday, November 13 after suffering a stroke. He was 84. He led the Justice Department’s Office of Legal Counsel as Assistant Attorney General and later served as Solicitor General from June 2001 to July 2004. While in that office he argued 65 cases.

Olson, a longtime NAFUSA member, argued and won many landmark cases, including the high profile case Bush v. Gore, which resulted in the presidency going to George W. Bush. He continued to argue cases of high impact before the Court after his time as Solicitor General as a private lawyer.

His tenure as Solicitor General was marked by personal tragedy. His wife Barbara was on the highjacked plane that went down at the Pentagon. She was able to call him and tell him that her plane was highjacked and talk for several minutes before the line went dead.

Most of Olson’s legal career was in private practice. He was a member of the conservative Federalist Society, but also championed causes such as allowing “dreamers” to remain in the U.S. legally and striking down laws banning gay marriage. He was still practicing law up until a few days before his death.

Attorney General Merrick Garland released a statement praising Olson’s integrity, skill and dedication to the rule of law. “The passing of Ted Olson is an enormous loss the for the legal community. Ted was an extraordinary attorney and public servant whose
contributions to the Justice Department and the law will long be remembered.”

In keeping with NAFUSA tradition, a flag was flown in his honor over the Department of
Justice on November 18, 2024.

Longtime NAFUSA Member Michael Cody Dies

W.J. Michael (Mike) Cody who served under President Jimmy Carter as the United States Attorney for the Western District of Tennessee from 1977 to 1981, died in his hometown of Memphis, Tennessee on Sunday, September 15, 2024, after a long illness. He was 88.

Although he was a well-known and influential progressive Democrat, Cody’s service
transcended partisan politics, and he was well respected by both parties. He was
appointed Attorney General of Tennessee in 1984, a position he held for four years, by then governor, Lamar Alexander, a Republican. He was later appointed by Democratic governor Phil Bredesen to co-chair the Tennessee Commission on Ethics.

Nor did he play partisan politics while serving as U.S. Attorney. In 1980 his office indicted Democratic State Representative Emmitt Ford on insurance fraud charges. Ford, who was sent to prison upon conviction, was the brother of Memphis Congressman Harold Ford for whom Cody had served as campaign coordinator in 1974. Cody partnered with prosecutors in the U.S. Attorney’s Office in Nashville to bring bid-rigging charges against members of Governor Ray Blanton’s family, involving Blanton-owned construction companies. The corruption was later dramatized in the movie “Marie” starring Sissy Spacek as a whistle blower in the then governor’s office.

Cody figured prominently in the history and politics of Tennessee during his long career. He was one of six lawyers representing Dr. Martin Luther King, Jr. during his 1968 Memphis visit. In fact, he met with Dr. King at the Lorraine Motel not long before King was assassinated while in the city to support striking sanitation workers. Following Dr, King’s death, Cody and Memphis pastor James Lawson formed a neighborhood legal services operation to offer free aid to the sanitation workers. The organization expanded into what is now known as Memphis Legal Services.

Cody graduated from Rhodes College in 1958 and received his law degree from the
University of Virginia in 1961. He was an avid runner who participated in many Boston
Marathons and was an avid reader. He served on the boards of several high-profile
organizations, including the National Civil Rights Museum, and he was often hired as
technical advisor on Hollywood legal thrillers, including “The Firm” with Tom Cruise. He was the local legal representative for the Rolling Stones when they performed at the Liberty Bowl in Memphis in 1994.

In 2012, Cody stepped in as the keynote speaker at the NAFUSA annual conference in
Atlanta when the scheduled speaker unexpectedly became ill. According to then Executive Director Rich Rossman, Cody gave “…one of the most memorable speeches ever heard at the annual meetings.” Rossman added, “Cody’s intense description of the last two days of Dr. King’s life affected everyone in the room.”

Cody was devoted to his family. He is survived by his wife of 42 years, Susanna; two
daughters, Jane Cody and Mia Cody; a son, Michael Cody; three grandchildren and two
great-grandchildren.

In keeping with NAFUSA tradition, a flag was flown over the Department of Justice on
Tuesday, September 17, 2024, in his honor and will be presented to his family.

FLAG PRESENTATION TO TARVER FAMILY

In keeping with NAFUSA tradition, a flag was flown over the Department of Justice in honor of Ed Tarver who passed away on February 9, 2024, (see February 26, 2024 NAFUSA article). The flag was presented to Dr. Carol Thompson Tarver, Ed’s widow, and children Elizabeth and Eddie by NAFUSA member and longtime friend, Michael Moore. The presentation took place on June 24 at the United States Attorneys Office in Augusta, Georgia, where Ed served as United States Attorney from 2009 to 2017. Pictured are (l-r) Michael Moore, John Horn, Ed Enoch (Ed’s law partner), Dr. Tarver, Elizabeth Tarver, Eddie Tarver and Senior US District Judge Dudley Bowen, Jr.

Passing of NAFUSA Founding Member John E. Clark

After a long and great life, NAFUSA founding member and early president John
Eugene Clark died peacefully in San Antonio, Texas, on February 13, 2024. He
was 90. John’s legal career, as a prosecutor, litigator, judge and writer, in a
combination of private law practice and public service, spanned over 50 years
and included serving as the United States Attorney for the Western District of
Texas and as a Justice of the Texas Court of Appeals (4th District).

Clark, a born and bred Texan, earned his LL.B. in 1961 from the University of
Texas School of Law following a two-year tour of active duty with the United
States Army in the Far East and three years working in private industry. He
remained a staunch supporter of the University of Texas throughout his life. In
1969, after practicing law in Austin for eight years, he moved to Washington,
D.C. and worked in the Department of Justice’s Criminal Division investigating
and prosecuting federal election fraud and illegal campaign financing cases.

Clark returned to his home state in 1971 and joined the U.S. Attorney’s Office
for the Western District of Texas as First Assistant under then U.S. Attorney
William Sessions and later, upon appointed by President Gerald Ford, as the
United States Attorney. During his tenure as U.S. Attorney 1975-1977, Clark
served on the Attorney General’s Advisory Committee.

Clark engaged in private practice until 1981 when Governor William P.
Clements, Jr. appointed him to the Texas Court of Appeals where he served
until 1983. After his return to private practice, much of his time was devoted
to his qui tam practice under the federal False Claims Act and he gained a
national reputation as an expert in the area. During his time in private practice,
Clark chaired the National Institute of Corrections’ Advisory Board and the
Texas Ethics Commission. In 2013, the San Antonio Bar Association awarded
him its Lifetime Achievement Award, the Joe Frazier Brown Award of
Excellence (see May 31, 2013 NAFUSA newsletter article).

One of the founding members of NAFUSA, Clark was a life member and
served as its third president 1982-1983. He remained devoted to the organization throughout his life, and, in fact, according to his daughter Leslie he was wearing his NAFUSA hat the day before he passed away. NAFUSA owes him a great debt for his
leadership and determination in creating this organization and contributing to its success. On February 20, 2024, a flag was flown over the Department of
Justice in John Clark’s honor and was presented to his widow Carolyn Tevis Clark and family at the funeral services on February 28 by his longtime friend NAFUSA member Ron Ederer. In addition to his devoted wife, Clark is survived by his
children, Karen Cork, Leslie Sartori, John C. Clark and Charles W. Clark,
numerous grandchildren and great-grandchildren.

Death of Edward Tarver

Beloved NAFUSA member Edward (Ed) Tarver passed away from
complications of surgery on February 9, 2024, in Augusta, Georgia. He was 64.
His friends and colleagues remember his ready smile, infectious laughter and
his service to justice and to his community.

Ed, who was recognized as a “trailblazing black attorney and civic leader” in a
headline announcing his death in the Augusta Chronicle, led a full and
honorable life of public service. Following graduation from then Augusta
College in 1981, he entered the U.S. Army, serving a tour in South Korea in
1982 and rising to the rank of Captain. Upon his discharge from the Army in
1989, Ed followed his dream to attend law school, earning his law degree in
1991 from the University of Georgia. After graduating, he clerked for U.S.
District Court Judge Dudley Bowen in the Southern District of Georgia.

Ed rose to become a partner in the Augusta, Georgia firm Hull Barrett and
served as a State Senator from Georgia’s 22nd District from 2005-2009. In
2009, President Obama nominated him to become U.S. Attorney for the
Southern District of Georgia, becoming the first African American to hold that
position. He was sworn in by Federal Judge Bowen who praised his former law
clerk as a “man of integrity.” After resigning from the U.S. Attorney position in
2017, he cofounded the firm Enoch Tarver with his law partner Ed Enoch.

An editorial in the Savannah Morning News in 2017 named Ed Tarver “one of
the best U.S. Attorneys in a long line of professional prosecutors who have
held this important post.” In addition to his professional accomplishments. Ed
held leadership positions in community and fraternity activities including,
among many others, the Augusta Chamber of Commerce, the Leadership
Georgia Foundation’s Board of Trustees, and the East Georgia Easter Seals
Society. He was a member of Doyle Grove Missionary Baptist Church.

Ed is survived by his wife Dr. Carol Thompson Tarver, a pediatrician in Augusta,
Georgia, daughter Elizabeth Tarver and son Edward Tarver, Jr. and
stepdaughters Riley and Ryan Armant.

In accordance with NAFUSA tradition, a flag was flown in his honor over the Department of Justice on February 12, 2024.

Death of Former U.S. Attorney James L. Wiggins

James Lamar “Jim” Wiggins passed away January 28,2024, at his residence in
Eastman, Georgia (GA). He was 77.

Born and raised in Savannah, GA, Jim attended Auburn University for two years
before enlisting in the U.S. Army. After graduating from flight school at Ft. Rucker,
Alabama, Jim was selected to attend Cobra flight training at Hunter Army Airfield
in Savannah and was a member of the first class to fly the Cobra in combat in Viet
Nam. He served there from November 1967 until November 1968 and was later
awarded the Silver Star for gallantry.

After completing military service, Jim graduated from Armstrong University in
Savannah and later earned his law degree from Mercer University in 1975. He
began his legal career with Smith and Harrington in Eastman, GA before becoming
an Assistant District Attorney and later Public Defender for the Oconee Judicial
Circuit of GA. He was elected District Attorney in 1981, a position he held for 13
years.

Jim was nominated by President Clinton for U.S. Attorney for the Middle District of
GA and served in that position from February 1, 1994, to April 26, 1996. After
leaving the U.S. Attorneys Office, he established the law firm Almand and Wiggins
where he practiced until his retirement in 2014.

Jim was an avid golfer and Auburn fan, and a devoted father, grandfather and
great-grandfather. He is survived by his wife of 56 years, Kitty Tabb Wiggins, two
daughters, six grandchildren and six great-grandchildren.

Services will be held at Southerland Funeral Chapel in Eastman, Georgia on
February 2, 2024.

Death of Emily Sweeney

Sadly, NAFUSA has lost another of its former members. Emily Sweeney, who
served as the United States Attorney for the Northern District of Ohio from 1993
to 2003, passed away on July 31, 2023.

Emily had a full and distinguished career with the Department of Justice. She
began as an Assistant U.S. Attorney in the civil division of the U.S. Attorneys Office
in the Northern District of Ohio after graduating from the Marshall College of Law
in Cleveland. She became the first Asset Forfeiture Chief in that district and also
served as the Appellate Chief. She was appointed by President Bill Clinton, Senate
confirmed and sworn in as U.S. Attorney in 1993.

During her tenure as U.S. Attorney, Emily served as the head of the Management
and Budget Subcommittee of the Attorney General’s Advisory Committee (AGAC).
During her time as chair of that committee, she was proud of being able to help
secure more positions for U.S. Attorney Offices across the country, including her
own, as the need for additional resources grew.

Emily especially enjoyed the management aspects of being U.S. Attorney. She
loved and trusted the people in her office and earned their loyalty and respect.
She worked hard to get them the resources they needed, and, for nearly 20 years,
she regularly lunched with her office family. She was a great boss.

She is survived by her daughter, Margaret, who is an AUSA in the office her
mother once headed, and two much beloved grandchildren, Elliott and Penny.

As is custom, a flag was flown over the Department of Justice in her honor, boxed
with a plaque by NAFUSA, and presented to her daughter. Expressions of
condolence can be sent to Margaret and her family at 373 Belmar Blvd., Avon
Lake, Ohio 44012.

Death of Former U.S. Attorney Randy Seiler

Randolph “Randy” Seiler, former United States Attorney in South Dakota, passed away Monday, April 17th, in Sioux Falls, SD. He was 76. Prior to be named U.S. Attorney, Randy was as Assistant U.S. Attorney in Pierre, SD, beginning in 1995. He believed that being an AUSA was one of the greatest jobs for a lawyer. In 2009 he became First Assistant U.S. Attorney in that office. In March 2015 he was named South Dakota’s acting U.S. Attorney. Then, on February 5, 2016, he was officially appointed by the District Court as South Dakota’s 41st U.S. Attorney, serving until 2017.

Randy served three years in the U.S. Air Force, including a year in Vietnam. He graduated from the University of South Dakota Law School with honors and was chosen to be Editor-in-Chief of the Law Review. He ran a strong, but unsuccessful race for SD Attorney General in 2018. In 2019 he was elected Chair of the SD Democratic Party, a position he held at the time of his death. He was hailed by colleagues, both Democrat and Republican, as “a brilliant lawyer, a great U.S. Attorney for SD, a strong
advocate for victims, a dear friend, and most importantly, an amazing father and husband.”

He is survived by his wife, Wanda, and two sons, Christopher and Jeffrey Seiler, and stepdaughters Jennifer Newcomb and Paige Jensen. A visitation will be held on Monday, April 24 at the Pat Duffy Community Youth and Involved Center in Ft. Pierre. A funeral service will be held at Ss. Peter and Paul Catholic Church in Pierre, SD on Tuesday April 25 at 10:00 am.

Passing of NAFUSA member Donald A. Davis

 

NAFUSA member Donald A. Davis passed away on February 5, 2023. He was 74. Don was appointed by Chief U.S. Judge Paul L. Maloney to serve as the U.S. Attorney for the Western District of Michigan in October of 2008 and served in that capacity until July 2012.

Don, a graduate of Western Michigan University and the University of Michigan Law School, spent his entire legal career in Grand Rapids, first serving as law clerk for then Chief U.S. District Judge Noel Fox and then as an Assistant U.S. Attorney in the U.S. Attorneys Office there. He served as Criminal Chief, First Assistant and Sr. Litigation Counsel before being appointed as the U.S. Attorney. He was a past president of the West Michigan chapter of the Federal Bar Association and chair of the Hillman Trial Advocacy Program. Don was a former Marine and an avid runner who encouraged others to take noon runs. He has been described by a former U.S.Attorney as “a  talented and dedicated attorney with a long history of faithful service to the Western District of Michigan.”

He is survived by his wife, Linda and two children, Erin and Trevor and four granddaughters.