UVA Offers Course on Mueller Investigation Taught By Bob

The University of Virginia School of Law is offering a new course this fall entitled “The Mueller Report and the Role of the Special Counsel.” It will be taught by NAFUSA member Bob Mueller and three members of his team. Mueller led the nearly two-year-long inquiry into President Donald Trump’s dealings with Russia and its potential interference in the 2016 election. Over six in-person sessions, they will take a chronological look at the investigation and the function of a special counsel. The course will focus on the key decisions made during the course of the investigation and the challenges and tradeoffs presented by those decisions.

Mueller was a United States Marine Corps officer, an Assistant United States Attorney in three different offices, the United States Attorney for the Northern District of California, the Assistant Attorney General in charge of the Criminal Division, and the longest-serving Director of the FBI since J. Edgar Hoover. He earned his law degree in 1973 from the University of Virginia School of Law, where he served on the Law Review. He is currently a partner at WilmerHale in Washington.

SCOTUS Cites Former US Attorney Amicus Brief

On January 21, 2021, Robins Kaplan LLP filed an amicus brief in the United States Supreme Court on behalf of ten former United States Attorneys. The case, United States v. Cooley, concerns the scope of tribal law enforcement’s search and seizure authority over non-Natives on the Reservation. The ten amici included Robins Kaplan partners and NAFUSA members Tim Purdon and Brendan Johnson, along with several other NAFUSA members.

On June 1, 2021, the Supreme Court issued its unanimous opinion holding that a tribal police officer has authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law. In doing so, the Court twice cited the amicus brief of the ten former United States Attorneys twice on pages 7 and 8: Click here to read the Supreme Court opinion.

Kristen Clarke Confirmed as Head of DOJ’s Civil Rights Division

On May 25, 2021, the Senate confirmed Kristen Clarke as Assistant Attorney General for Civil Rights. The vote was 51-48. Clarke started her career as an attorney in the Civil Rights Division. She has been most recently the president and executive director of the National Lawyers’ Committee for Civil Rights Law and has served as the head of the Civil Rights Bureau at the New York Attorney General’s Office. She earned her law degree from Harvard University.

NAFUSA Election Results

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.

Karen Hewitt Elected President of NAFUSA

On May 24, 2021, Karen Hewitt was elected president of NAFUSA. She will serve until the 2022 annual conference, tentatively scheduled for April 6-8 at the Del Coronado in San Diego. She replaces Paul Coggins, who served as president from 2019 until this May. Paul will continue on the board of directors as the immediate past president.

Karen is the Partner-in-Charge of Jones Day’s California Region, which encompasses five offices and nearly 300 lawyers. She has been recognized in Chambers as a “real powerhouse.” Before joining Jones Day, Karen served as the  United States Attorney for the Southern District of California (2007-2010), where she focused on national security, border security, cyber and intellectual property crime, white collar and financial crime, civil fraud, violent crime, and narcotics enforcement.

Karen is an experienced trial lawyer who has successfully litigated hundreds of cases in federal court for more than two decades. She currently represents companies nationwide in civil and criminal investigations and in complex business litigation. Karen’s practice focuses on defending matters involving possible violations of federal law, including the Anti-Kickback Statute, the Foreign Corrupt Practices Act, the Taft-Hartley Act, and the False Claims Act.

Karen led the defense of an international retailer in a complex FCPA investigation conducted by the DOJ and SEC in four countries. She also has represented major public and private companies in internal investigations on highly sensitive topics, crisis management, compliance, contested proceedings before regulatory agencies, and “bet-the-company” litigation. In the matters Karen leads, she routinely reports to senior management, the board of directors, the audit committee or a special committee, and develops the comprehensive strategy for the company to protect and defend itself from a range of legal and regulatory risks.

She is a Master in the Enright Inn of Court and a member of the Board of Visitors of the University of San Diego School of Law, from which she earned her J.D. in 1989.

Doug Jones Joins Center for American Progress

NAFUSA held its second webinar on April 20. It was sponsored by Locke Lord LLP and featured Former United States Senator Doug Jones. The title of Doug’s talk was “Justice Delayed, Not Justice Denied: The prosecutions of the 16th Street Baptist Church bombing cases.” Doug served as the United States Attorney for the District of Alabama (1997-2001) and as the United States Senator for the State of Alabama from 2018 to 2021.

He is a long time member of NAFUSA and would have been installed as president of NAFUSA in 2018 if he hadn’t stepped down to run for the Senate. In April, the Center for American Progress (CAP) welcomed Doug as a distinguished senior fellow. At CAP, Doug will focus on racial equity and social justice issues, as well as criminal justice and democracy reform.“Sen. Jones has been a leader in the fight for civil rights for decades,” said John Podesta, founder of the Center for American Progress. “At this critical moment, I’m grateful that the former senator will bring to CAP his deep expertise and commitment to racial equity and strengthening our democracy.”

“Events over the past year have brought our country to a moment of reckoning on matters of race and justice, including inequities in health care, education, income and voting rights,” said Sen. Jones. “With this moment, we have an opportunity to fulfill our obligation to future generations of Americans to protect the gains made over the last half-century and set the country firmly on the path of progress. I look forward to working with CAP to develop and promote policies that can help move us toward a more perfect realization of our founding ideals.”

In the event you were unable to join us for the webinar, it was recorded and available here:

Monaco Confirmed as DAG; Gupta as Associate AG

On Tuesday, April 20, 2021, the United States Senate overwhelmingly (98-2) confirmed Lisa Monaco to serve as Deputy Attorney General. She served in the Department of Justice for fifteen years, spending the majority of her time as a career federal prosecutor and eventually being appointed Associate Deputy Attorney General; Principal Associate Deputy Attorney General; and the first woman confirmed as Assistant Attorney General for National Security. She has also served as Counsel and Chief of Staff to then-FBI Director Robert Mueller and White House Homeland Security and Counterterrorism Advisor. She earned her Juris Doctor at the the University of Chicago Law School.

On Wednesday, April 21, Vanita Gupta was confirmed by the Senate as Associate Attorney General in a close 51 to 49 vote, when Senator Lisa Murkowski of Alaska broke ranks to be the only Republican to vote yes. Gupta has served as the Acting Assistant Attorney General for Civil Rights in the Obama Administration. She has been the president and chief executive officer of The Leadership Conference on Civil and Human Rights Civil Rights Coalition. She earned her Juris Doctor at New York University.

Tom Delahanty, 75, Dies

Tom Delahanty

NAFUSA member Thomas E. Delahanty II, a legal titan in Maine whose career as a prosecutor and judge spanned more than four decades, died Monday after battling pancreatic cancer. He was 75.

As reported by The Portland Press Herald:

Delahanty, a prominent member of a well-known Maine legal family, served as the U.S. attorney for the District of Maine from 2010 to 2017. A lifelong Democrat, he was appointed by President Barack Obama. It was Delahanty’s second stint. He also had been appointed to the post 30 years earlier by President Jimmy Carter.

 

Gov. Janet Mills mourned Delahanty’s passing and cited his work on behalf of Mainers to stem the opioid epidemic.

 

“I respected and admired his intellect, his judgment, and his commitment to protecting and delivering justice under the law for the people of Maine,” Mills said in a statement. “I will miss him but know that Maine is better off as a result of his service. My thoughts and deepest sympathies go out to his wife, Ruth, and his two sons.”

 

Delahanty grew up in Lewiston, earned his undergraduate degree in Vermont and earned his law degree at the University of Maine School of Law in 1970. Following a short stint as a defense attorney, he was elected district attorney in 1974 for the newly created Prosecutorial District Three, covering Androscoggin, Oxford and Franklin counties.

 

His first stint as U.S. attorney for the District of Maine was between 1980 and 1981, when Carter appointed Delahanty to replace George Mitchell, whom Carter had appointed to the federal bench.

 

When Carter lost re-election to Ronald Reagan, Delahanty resigned and returned briefly to defense work for two years until 1983, when he was appointed a justice of the Maine Superior Court, where he served, including as chief justice from 1990 to 1995, until Obama named him U.S. attorney for the District of Maine in 2010.

 

“Tom Delahanty was a giant in the Maine legal community,” Donald E. Clark, the acting U.S. attorney for the District of Maine, said in a statement Wednesday. “In addition to his professional accomplishments, he was also an honorable, just man and a devoted husband, father and grandfather. We at the U.S. Attorney’s Office mourn his passing and send our condolences to his family.”

As is our custom, NAFUSA will arrange for an American flag to be flown over the United States Department of Justice and presented to Tom’s family as a token of the regard with which he was held by his colleagues.

 

Warner Hodges, 99, Dies

Warner Hodges, prominent Memphis attorney, died April 10, 2021, at his home in Germantown, Tennessee at the age of 99. He grew up in Memphis, graduating from Southwestern (now Rhodes College) with a major in Chemistry. While at Southwestern, he was President of the Pi Kappa Alpha fraternity.

In 1943, he enlisted in the United States Army and, because of his degree in Chemistry, was sent to the highly secret Army facility at Los Alamos, New Mexico, to work on the Manhattan Project in the development of the Atomic Bomb. For his essential work in contributing to the successful conclusion of World War II, he was awarded a Certificate of Merit from the then U.S. Secretary of War, Henry Stinson.

After the war, he attended Vanderbilt University School of Law on the GI bill, graduating in 1949. After a few years in private practice, he was appointed as an assistant U.S. Attorney for the Western District of Tennessee, and was later appointed as the U.S. District Attorney by President Eisenhower, where he served with distinction, prosecuting crime in Tennessee. His brilliance was exemplified in the courtroom, and in 1961, he left government service and returned to private practice where he utilized his criminal skills to become one of the foremost criminal defense attorneys in Memphis, earning acquittals for several prominent public officials.

He was married to the late Barbara Rees Hodges, and is survived by their three sons; namely, Rusty Hodges, Lincoln Hodges, and Geoffrey Hodges. Rusty and Lincoln followed him into the practice of law, as did Lincoln’s son, Rees Hodges. He is also survived by five grandchildren, and six great-grandchildren.

As is our custom, NAFUSA will arrange for an American flag to be one flown over the United States Department of Justice and presented to Warner’s family as a token of the regard with which he was held by his colleagues.