Eric Holder at U.S. Attorney Preet Bharara's investiture in Manhattan on Oct. 13 (DOJ)
Attorneys General rarely venture out of Washington to attend swearing-in ceremonies for new U.S. Attorneys, according to former Justice Department officials. But Eric Holder has done so three times — deploying the power of his office to anoint rising stars or draw subtle contrasts with the Bush administration.
So far this year, Holder has attended the ceremonial investitures for U.S. Attorneys Joyce Vance in the Northern District of Alabama, B. Todd Jones in Minnesota and Preet Bharara in the Southern District of New York. Both Vance and Jones run offices that were in turmoil during the Bush administration, and Holder — who has said he wants to restore professionalism to the Justice Department — emphasized the department’s new direction by attending the ceremonies.
At the same time, Jones is also an old friend of Holder, while Vance is a respected veteran who is considered an up-and-comer in the department.
And in Manhattan, Bharara heads the largest and most prestigious U.S. Attorney office outside Washington, which prosecutes high-profile financial fraud and national security cases. Bharara is also close to an important Democratic ally on the Hill, Senate Judiciary Committee member Sen. Charles Schumer (D-N.Y.). Bharara was Schumer’s chief counsel before he was confirmed as U.S. Attorney.
Holder’s visits show his willingness to deploy the authority of his office for public relations purposes and to build internal morale. But it remains fairly unusual for an Attorney General to attend swearing-in ceremonies, according to ex-U.S. Attorneys.
The Justice Department doesn’t keep formal count, according to a DOJ spokesperson. It’s unclear how many — if any — ceremonies President George W. Bush’s first AG John Ashcroft attended. Ashcroft told Main Justice in that he couldn’t recall. Also, many of the federal prosecutors who were sworn in under Ashcroft arrived not long after the 9/11 terrorist attacks — not a time for pomp and circumstance. Still, Bush’s first AG commended Holder for attending investitures.
“The more you attend, the better,” Ashcroft said, adding that during his four years of service, he eventually visited about half of the U.S. Attorneys offices.
"The more you attend, the better," former AG John Ashcroft said of investitures. (doj)
Ron Woods, National Association of Former U.S. Attorneys executive director, told Main Justice that Attorneys General have attended investitures for the District of Columbia U.S. Attorney in the past. But he said their appearances at swearing-in ceremonies outside of Washington are “fairly rare.”
“Our members recall the Attorney General making office visits during their term, but not individual investitures,” said Woods, who served as U.S. Attorney for the Southern District of Texas from 1990 to 1993. “Keep in mind that there are 93 U. S. Attorneys and most of the investitures will occur within a few months of each other. That would be a significant commitment of time and travel by the Attorney General.”
Holder developed close relationships with the federal prosecutorial community while serving President Bill Clinton as District of Columbia U.S. Attorney and later as Deputy Attorney General, former prosecutors interviewed by Main Justice said. Only three of the last 10 Attorneys General worked as federal prosecutors before becoming the nation’s top cop.
One of the prosecutors Holder got to know was Jones, who was the Minnesota U.S. Attorney during the Clinton administration. Shortly after Jones returned as U.S. Attorney in August, Holder named him chair of the Attorney General’s Advisory Committee, an influential policy-making and advisory body that serves as the voice of the U.S. Attorneys in Washington.
But an Attorney General does not show up to an investiture just to say hello to an old friend, according to former DOJ officials. The nation’s top federal prosecutor also attends swearing-in ceremonies for political and public relations reasons.
B. Todd Jones (left) takes the oath of office last month. Eric Holder (right) gave remarks. (doj)
An official trip to a U.S. Attorney’s office by an Attorney General for an investiture or another event will often attract the media, which will draw attention to the office. It is also an opportunity to energize prosecutors in the field. ”When the Attorney General shows up, it shows the importance of the work being done,” Ashcroft told Main Justice.
A Justice Department spokesperson told Main Justice in August that Holder’s first trip to a U.S. Attorney investiture was part of ongoing effort by the Attorney General to reach out to the 94 U.S. Attorneys’ offices.
“The Attorney General is making it a priority to visit U.S. Attorneys’ offices around the country to personally meet with prosecutors and other staff to hear firsthand about the cases they’re working on, the issues they face, and ways in which he can help them do their jobs,” spokesperson Hannah August said this summer. “The visit to the Northern District of Alabama was made to coincide with U.S. Attorney Vance’s swearing-in.”
Regardless of the Attorney’s General reasons behind a trip to a U.S. Attorney’s office, former prosecutors told Main Justice that a visit by the nation’s top federal prosecutor has a major impact on the office. ”It is very meaningful when the Attorney General visits,” said John Richter, who served as the U.S. Attorney for the Western District of Oklahoma from 2005 to 2009.
Posted in News | 2 Comments »
SEATTLE — More than 60 former top federal prosecutors attended the National Association of Former U.S. Attorneys annual conference here last weekend. Main Justice tagged along, and we confess: We were a little star struck at finally getting to meet many of the luminaries we’ve been covering since launching last spring.
Founded in 1979, NAFUSA (pronounced na-foo-sa) counts about 300 former U.S. Attorneys as members. Not all living former U.S Attorneys are members of the bipartisan organization, but admission is open to any ex-U.S. Attorney who has was appointed by the president, the Attorney General or a court.
The NAFUSA is a who’s who of ex-prosecutors. Many are founders of their own law firms, and several are partners at major international firms. NAFUSA can even count among its members most of the U.S. Attorneys fired in 2006 and former Georgia Rep. Bob Barr, who left the Republican Party to run as the 2008 presidential candidate of the Libertarian Party.
Former U.S. Attorneys give Nixon-era Deputy Attorney General William Ruckelshaus a standing ovation in Seattle last weekend. (Photo by Jack Storms)
We even found out that these former U.S. Attorneys were a pretty fun group, despite having buttoned-down and high-influence jobs at some of the nation’s top law firms.
Not all of them wore suits. Some opted for open-buttoned polo shirts and jeans. A few donned cowboy boots.
They argued about which college football team was the best as they munched on banana nut bread and fruit for breakfast. They complained about the difficulty in getting their hotel showers to function correctly. They even discussed their nights out at the bar and indulged in a few cocktails at conference events over the weekend.
Despite coming from different administrations stretching back to President Johnson, their political ideologies aren’t evident as they share jokes and drinks with each other.
“After awhile, you forget who is who,” said Margaret Person Currin, who served in the Eastern District of North Carolina from 1988 to 1993.
But with Barack Obama now in the White House, there were a lot of new faces at this conference from the Bush administration.
Many of the U.S. Attorneys in this class work for firms like Greenberg Traurig and the Ashcroft Law Firm, which was founded by former Attorney General John Ashcroft. For many of the Bush U.S. Attorneys and most NAFUSA members, the conference is a rare opportunity to catch up with former colleagues.
Johnny Sutton, who served in the Western District of Texas from 2001 to 2009, said keeping up friendships is “one of the main reasons” former U.S. Attorneys join NAFUSA and come to the conference. “You really develop strong relationships with these U.S. Attorneys over the years,” said Sutton, who is now with the Ashcroft Law Firm.
But outgoing NAFUSA President Mike McKay, who served in the Western District of Washington from 1989 to 1993, said there is more to the conference than catching up with former coworkers.
“Most people join initially to see their colleagues,” McKay said. “But once they join, there are a lot of other wonderful opportunities.”
A highlight of the weekend were remarks from former Deputy Attorney General William Ruckelshaus, who resigned in 1973 rather than carry out President Nixon’s orders to fire special Watergate prosecutor Archibald Cox in what became known as the Saturday Night Massacre. (We’ll have more about Ruckelshaus tomorrow).
Other speakers included drug czar Gil Kerlikowske; Executive Office of U.S. Attorneys Director H. Marshall Jarrett; Minnesota U.S. Attorney B. Todd Jones; newly confirmed Western District of Washington U.S. Attorney Jenny Durkan and Assistant U.S. Attorney Marshall Miller, who is the lead prosecutor in the terrorism case against Najibullah Zazi. Miller was honored with an award.
Dave Boerner, a professor at the Seattle University School of Law, also discussed ethical issues surrounding the Bush-era memos on harsh interrogation methods at the conference. Andrew Siegel, who also teaches at the Seattle University School of Law, gave a rundown on the cases the Supreme Court heard during its last session.
“It is great to come here and exchange ideas,” said former NAFUSA President Ed Dowd, who served in the Eastern District of Missouri from 1993 to 1999.
The exchange of ideas for NAFUSA is not always academic. NAFUSA members have informal discussions with the administration officials, who speak at the conference. The organization also meets at least once a year with EOUSA and the Attorney General’s Advisory Committee, an influential policy-making and advisory body that serves as the voice of the U.S. Attorneys in Washington.
NAFUSA Executive Director Ron Woods, who served in the Southern District of Texas from 1990 to 1993, said the organization is not “banging on the door” of the Justice Department. But NAFUSA helps out anytime it is called on.
McKay said NAFUSA rarely takes formal positions on issues since it is a bipartisan organization. One notable exception was a letter to Bush Justice Department officials that expressed concern about the firing of nine U.S. Attorneys in 2006 — including McKay’s brother, John McKay, who was the Western District of Washington U.S. Attorney.
“It is unusual when we, as a group, make a public statement,” the outgoing NAFUSA president said.
Although the Justice Department has been scarred by Bush administration scandals, NAFUSA members have not lost faith in DOJ. The former U.S. Attorneys continue to hold the Justice Department close to their hearts.
“We have an abiding love of the Justice Department and that keeps us coming back [to the annual conference],” said Don Stern, who served in Massachusetts from 1993 to 2001. “It is the greatest law firm in the world.”
