Polite Nominated To Serve as AAG For DOJ Criminal Division

On April 12, 2021, President Biden nominated Kenneth Polite to serve as the assistant attorney general for the Justice Department’s criminal division. Polite served as the United States Attorney for the Eastern District of Louisiana from 2013 to 2017. He joined Morgan Lewis’ global disputes and investigations team as a partner in Philadelphia in July 2018.

McQuade and Vance Join New Podcast “#SistersInLaw”

NAFUSA members Barb McQuade (ED Michigan 2010-2017) and Joyce Vance (ND Alabama 2009-2017) have teamed with Boston Global Opinion columnist Kimberly Atkins and Jill Wine-Banks, the only woman on the Watergate prosecution team, to launch the podcast #SistersInLaw.

Produced by  Politicon, the four MSNBC analysts make up the team that hosts a weekly roundtable, breaking down legal, political and cultural issues of the day.

Dubbed the “sisters in law” by MSNBC viewers, the four get together every Friday for a weekly discussion that educates listeners on the legal issues of the week in a fun and accessible manner. The podcast launched at the #1 spot on the politics charts and at #13th overall. With over 1700 five star reviews after the first few episodes, listeners are praising #SistersInLaw as an “insightful and welcoming” “legal podcast dream team.”

 

Over the past four years, the public has gotten to know Barb, Jill, Joyce and Kim from their frequent appearances on MSNBC and their writing. #SistersInLaw, the podcast, is the result of the demand for a more indepth version of the easy to understand civics lessons they became known for during the unprecedented administration of Donald Trump. Together, the four women have been practicing or studying law for over 15 decades, and have broad expertise in some of the most important areas on the legal and political landscape including criminal justice and policing reform, foreign and domestic terrorism, voting rights and election law, health care fraud, international drug and humantrafficking, violent crime and fighting systemic discrimination.

Joyce White Vance: The first woman U.S. Attorney appointed by President Obama, Vance established the first civil-rights unit in a U.S. Attorney’s Office in Alabama and launched a statewide investigation into inhumane conditions in Alabama’s prisons. She is currently a professor at the University of Alabama School of law, as well as a knitter and backyard chicken farmer.

Barb McQuade: Appointed by President Obama as the first female U.S. Attorney for the Eastern District of Michigan, she also served as the Assistant U.S. Attorney in Detroit for 12 years, focusing on national security cases. She is currently a professor at the University of Michigan Law School. Barb is an avid sports fan whose dream job is playing shortstop for the Detroit Tigers.

NAFUSA Webinar April 20: Doug Jones

NAFUSA’s second webinar will take place on Tuesday, April 20 at noon CST. It will be sponsored by Locke Lord LLP and feature Former United States Senator Doug Jones.

The title of Doug’s talk is “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. He was the NAFUSA keynote speaker in Nashville in 2018.
NAFUSA members and friends will receive an invitation in early April. One hour CLE credit will be offered to attendees. If you have any questions, contact Deputy Director Lisa Rafferty at lisarafferty27@gmail.com.

Ted Olson’s New Podcast

NAFUSA member Ted Olson, solicitor general of the United States 2001-2004, and assistant attorney general in charge of the Office of Legal Counsel, 1981-1984) has teamed up with his partner at Gibson Dunn, Ted Boutrous, in a new podcast (“The Two Teds”). Boutros is the global co-chair of Gibson Dunn’s litigation department.

Olson and Boutrous discuss some of the high-profile, high-stakes cases they have argued before the U.S. Supreme Court and elsewhere.You can listen to stories from inside the appellate litigation war room as the arguments were developed, and find out what it takes to win at the nation’s highest courts.

 

AG Garland Appoints Monty Wilkinson as Director of EOUSA

Monty Wilkinson

Attorney General Merrick B. Garland announced on March 22, 2021, that former acting Attorney General Monty Wilkinson has been appointed as the Director of the Executive Office for U.S. Attorneys (EOUSA). Wilkinson previously served as the Director of EOUSA from 2014 until December 2017, and prior to that as its Principal Deputy Director and Chief of Staff.

During his career with the Department of Justice, Wilkinson has served as Counselor and Deputy Chief of Staff to the Attorney General, as an Associate Deputy Attorney General, and as the Deputy Assistant Attorney General for Human Resources and Administration. He also held senior management positions for nearly a decade in the U.S. Attorney’s Office for the District of Columbia. Mr. Wilkinson started his career at the Department of Justice as a trial attorney in the Criminal Division.

Norman Wong, who has been serving as the Acting Director of EOUSA since January 20, 2021, will return to his position as Principal Deputy Director. “Norm Wong has served at EOUSA with distinction for a number of years and provided exemplary leadership to the U.S. Attorney’s Offices as Acting Director over the past seven weeks,” said Attorney General Garland. “Norm’s commitment to public service is exceptional and I thank him for his service.”

“I look forward to working with Monty again as I did 25 years ago when I was the Principal Associate Deputy Attorney General,” said Attorney General Garland. “Monty ensured that the Department continued to work and to honor its proud traditions during the leadership transition between new administrations. The Department is fortunate to have Monty back at EOUSA and I am confident he will help continue to build upon our many successes in enforcing our country’s laws, bringing criminals to justice and ensuring equal justice under the law.”

In the photo below, Monty shares an elbow bump with AG Garland on the Judge’s first day as Attorney General at Main Justice.

Jim Rolfe Dies, 80

Former United States Attorney (ND Texas) James Allen Rolfe died on February 26, 2021, after a valiant twenty-year battle with melanoma cancer and lung cancer. Following three years of service in the United States Army, Jim attended and graduated from Austin College in 1965 where he was a member of the basketball team and president of his fraternity. Throughout his lifetime, Jim continued to be an avid supporter of the college and served as president of the Alumni Association and president of the A (Athletic) association. In 2000, Jim received the Distinguished Alumni Award from Austin College, and he was admitted into the A Association’s Hall of Fame in 2005. In February 2020, Austin College honored Jim by naming their new basketball court the “Jim Rolfe Court”.

Jim attended law school at the University of Texas at Austin and received his JD degree  in 1968. He was a member of the Dean’s Round Table at the University of Texas Law School, a member of the Dallas Bar Association, the Dallas County Criminal Bar Association, the State Bar of Texas, and he was admitted to practice before the United States Supreme Court. He served as an Assistant City Attorney for the city of Dallas, an Assistant District Attorney for Dallas County, and an Assistant United States Attorney for the Northern District of Texas. He rose in the United States Attorney’s office to the position of chief of the criminal division before leaving the office for private practice. In 1981, he was appointed United States Attorney for the Northern District by President Ronald Reagan.

He was a member of NAFUSA and has served on the board of directors. Jim was a 32nd degree Mason, a member of the Metropolitan Lodge of Dallas and the Hella Shrine of Dallas. In addition, he was an advocate for the Scottish Rite Hospital. Jim was a member of the National Football Association, and he served on the board of the Association’s Gridiron Club of Dallas and was an advisor to the board of directors of Matador Resources Company. He was a member of Park Cities Presbyterian Church and hosted a weekly Bible study in his home for sixteen years.

Jim was a devoted husband, father, and grandfather. He is survived by his wife, Susan Stowers Rolfe, his daughter Rebecca Rolfe Youngman and her husband Patrick, his son, James Gregory Rolfe and his wife Elizabeth, and by his granddaughters Isabella and Emilia Rolfe.

As is our custom, NAFUSA arranged for an American flag to be flown over the United States Department of Justice and it was presented to Jim’s wife Susan at the memorial service on March 10, as a token of the regard with which he was held by his colleagues. NAFUSA President Paul Coggins and Executive Director Emeritus Ron Woods are shown in the photo below presenting the flag to Susan. The photo to the right shows Jim’s flag being flown over Main Justice last week.

 

 

 

Merrick Garland Confirmed as AG

 

On March 10, 2021, Merrick B. Garland was confirmed by the United States Senate to serve as the Attorney General of the United States, by a vote of 70-30.

On February 18, 2021, more than 150 former United States Attorneys and other senior Department of Justice officials signed a letter to the Senate Judiciary Committee supporting President Biden’s nomination of Judge Garland. The signers have served in 46 states and the District of Columbia under both Democratic and Republican Administrations.

Urging Senate confirmation of Judge Garland, the letter states:

The work and reputation of the Department of Justice are as important as they have ever been. Judge Garland is the right person to ensure the fair administration of justice, whether related to national security, public integrity, civil rights, antitrust, crime, or other pressing issues. He is also the right person to do so with integrity, humility, and a complete understanding of the substantial responsibility on his shoulders at this time. As Judge Garland himself expressed when he was nominated, the rule of law is the very foundation of our democracy. And we can unequivocally state that Judge Garland is the right person to ensure that the rule of law remains, in our national consciousness, one of our most deeply-held values.

Click here to review the letter and the list of signatories: Letter for AG Nominee Garland

 

On February 8, 2021, a bipartisan letter from over 100 former Unites States Attorneys who served over the  past six decades was delivered to Chairman Durbin and Ranking Member Grassley in support of President Biden’s nomination of Lisa A. Monaco for Deputy Attorney General.

 

Ms. Monaco’s record of service and accomplishment makes her ideally suited to serve as Deputy Attorney General. We applaud President Biden for nominating someone of such caliber: a dedicated public servant who is universally heralded for her legal acumen, her strong analytical and leadership abilities, her integrity and humility, and her utter dedication to the rule of law and to the independence and excellence of the Justice Department. We give her nomination our unqualified endorsement, and we urge the Judiciary Committee and the United States Senate to promptly confirm Ms. Monaco as the next Deputy Attorney General of the United States.

Click here to review the letter and a list of signatories: Monaco USA Letter 02.08.21

U.S. Attorney Transition Begins

Monty Wilkinson

On February 9, 2021 Acting Attorney General Monty Wilkinson announced that continuing the practice of new administrations, President Biden and the Department of Justice have begun the transition process for the U.S. Attorneys.

“We are committed to ensuring a seamless transition. Until U.S. Attorney nominees are confirmed, the interim and acting leaders in the U.S. Attorneys’ Offices will make sure that the department continues to accomplish its critical law enforcement mission, vigorously defend the rule of law and pursue the fair and impartial administration of justice for all,” said Wilkinson.

According to the Office of Public Affairs, earlier this year, nearly all presidential appointees from the previous administration offered their resignations, though U.S. Attorneys and U.S. Marshals were asked to temporarily remain in place. Prior to the beginning of this U.S. Attorney transition process, approximately one-third of the U.S. Attorneys’ Offices were already led by acting or interim leadership.

The Wall Street Journal and The New York Times reported that Wilkinson plans to ask the remaining holdover U.S. Attorneys appointed by President Trump to resign. Exempt from the decision, however, are two top prosecutors overseeing politically sensitive inquiries, including U.S. Attorney David Weiss, whose office is conducting a criminal tax investigation into Hunter Biden. John Durham is expected to remain as a special counsel overseeing a wide-ranging inquiry into the origins of the FBI’s 2016 Russia investigation, He was appointed to that position by former Attorney General William Barr in December, 2020. Durham is expected to step down as the U.S. Attorney for Connecticut.

NAFUSA has welcomed 17 new members from the Trump Administration, including three life members. More are expected as the transition continues.

Paul Murphy, Former Chief of Staff to FBI Director, Returns to King & Spalding

King & Spalding announced that NAFUSA member Paul Murphy, who most recently served as Chief of Staff to FBI Director Chris Wray, has rejoined the firm as a partner on the Special Matters and Government Investigations team. King & Spalding now has eight former United States Attorneys with Murphy joining John Richter, Zach Fardon, Craig Carpenito, Rod Rosenstein, John Horn, Sally Yates and Jim Vines.

Murphy, who is based in the Atlanta and the Washington, D.C. offices, was a King & Spalding partner from 2004 to 2019, when he took his position with the FBI. At the firm, he counseled clients in a wide array of industries and helped them navigate their most sensitive legal challenges, including white-collar criminal defense matters, civil investigations, internal corporate investigations and corporate compliance reviews. He also represented clients in litigation under federal and state False Claims Acts, as well as in other civil fraud matters.

“We are thrilled to have Paul back on our team,” said Zach Fardon, chair of King & Spalding’s Government Matters practice group, of which the Special Matters and Government Investigations team is a part. “Paul has long been recognized by clients as a great lawyer, counselor and strategist. His FBI experience will be a further boon to our Special Matters and investigations clients, and will add strength to other practices such as our National Security team.”

During his FBI tenure, Murphy worked on a daily basis with Director Wray on all issues before the agency, including white collar enforcement issues regularly facing private sector clients. Murphy has previously held several roles with the Department of Justice, including as the U.S. Attorney for the Southern District of Georgia. Paul also served as an Associate Deputy Attorney General and later as the Chief of Staff to then-Deputy Attorney General Larry Thompson. He started at King & Spalding as an associate in 1988 and had become a partner by the time he started his first position at the DOJ.

Murphy has been recognized as a leading white-collar criminal defense attorney by several publications, including Best Lawyers and Chambers USA. He earned his JD, magna cum laude, from the University of Georgia and received his undergraduate degree from Vanderbilt University, also magna cum laude.

“I’m so fortunate to have had a front-row seat to see King & Spalding’s growth over many years, and I’ve always been impressed by its world-class investigations practice and supportive, truly collaborative environment,” Murphy said. “The firm’s remarkable growth has continued during my service at the FBI, and I am excited to be rejoining my top-notch colleagues here to represent our clients and come up with solutions to their most pressing legal needs.”