UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) ) ) v. ) ) MICHAEL T. FLYNN, ) ) Defendant. ) __________________________________________) UNITED STATES OF AMERICA No. 17-cr-00232 (EGS) BRIEF OF FORMER FEDERAL PROSECUTORS AND HIGH-RANKING DEPARTMENT OF JUSTICE OFFICIALS AS AMICI CURIAE TABLE OF CONTENTS TABLE OF AUTHORITIES .......................................................................................................... ii INTEREST OF AMICI CURIAE .................................................................................................... 1 INTRODUCTION .......................................................................................................................... 2 ARGUMENT .................................................................................................................................. 6 I. THE COURT HAS A DUTY TO SCRUTINIZE THE GOVERNMENT’S MOTION AND, IF DISMISSAL IS NOT IN THE PUBLIC INTEREST, TO DENY IT ................. 6 A. Federal Rule of Criminal Procedure 48(a) denies the government authority to dismiss a criminal case without the Court’s approval, which the Court must withhold if dismissal would be contrary to “the public interest”............................ 6 B. The circumstances of this case underscore the need for independent judicial review.................................................................................................................... 10 C. Interference in a law enforcement matter to advance the president’s political agenda violates Article II of the Constitution and is per se inconsistent with the public interest .................................................................................................. 14 II. THERE APPEAR TO BE AMPLE REASONS TO DENY THE GOVERNMENT’S MOTION........................................................................................................................... 16 A. The government’s motion is unpersuasive because Flynn’s false statements were material as a matter of law ........................................................................... 16 B. The government’s attempt to dismiss the Flynn prosecution appears intended to further the President’s personal political interests and contravenes the consensus views of career officials, indicating it is not in the public interest ...... 21 III. AIDED BY ITS APPOINTED AMICUS, THE COURT SHOULD CONDUCT AN EVIDENTIARY HEARING TO ASSESS THE GOVERNMENT’S DECISION ... 24 CONCLUSION ............................................................................................................................. 25 APPENDIX: LIST OF AMICI CURIAE ....................................................................................... 27 i TABLE OF AUTHORITIES Page(s) Cases Elec. Privacy Inf. Ctr. v. U.S. Dep’t of Justice, __ F. Supp. 3d __, No. 19-cv-810(RBW), 2020 WL 1060633 (D.D.C. Mar. 5, 2020) .............. 5 In re United States, 345 F.3d 450 (7th Cir. 2003) .................................................................................................... 12 Kelley v. FBI, 67 F. Supp. 3d 240 (D.D.C. 2014) ............................................................................................ 19 Mesarosh v. United States, 352 U.S. 1 (1956) ...................................................................................................................... 13 * Rinaldi v. United States, 434 U.S. 22 (1977) ............................................................................................................. passim The Confiscation Cases, 74 U.S. (7 Wall) 454 (1868) ....................................................................................................... 6 * United States v. Ammidown, 497 F.2d 615 (D.C. Cir. 1973) ........................................................................................... passim United States v. Carrigan, 778 F.2d 1454 (10th Cir. 1985) ................................................................................................ 12 * United States v. Cowan, 524 F.2d 504 (5th Cir. 1975) ............................................................................................. passim * United States v. Flynn, 411 F. Supp. 3d 15 (D.D.C. 2019) ..................................................................................... passim United States v. Fokker Servs. B.V., 818 F.3d 733 (D.C. Cir. 2016) .................................................................................................. 11 United States v. Goodwin, 457 U.S. 368 (1982) .................................................................................................................. 10 United States v. Hamm, 659 F.2d 624 (5th Cir. 1981) .................................................................................................. 7, 9 * United States v. Hansen, 772 F.2d 940 (D.C. Cir. 1985) .................................................................................................. 18 ii Page(s) Cases (cont.) United States v. HSBC Bank USA, N.A., No. 12-CR-763, 2013 WL 3306161 (E.D.N.Y. July 1, 2013) ..................................................... 9 United States v. McBane, 433 F.3d 344 (3d Cir. 2005)...................................................................................................... 18 United States v. Moore, 612 F.3d 698 (D.C. Cir. 2010) .................................................................................................. 18 United States v. Nixon, 418 U.S. 683 (1974) .................................................................................................................. 15 United States v. Pitts, 331 F.R.D. 199 (D.D.C. 2019).................................................................................................... 8 United States v. Rodgers, 466 U.S. 475 (1984) .................................................................................................................. 17 * United States v. Saena Tech Corp., 140 F. Supp. 3d (D.D.C. 2015) .......................................................................................... passim United States v. Shanahan, 168 F. Supp. 225 (S.D. Ind. 1958) ...................................................................................... 10, 13 United States v. Smith, 55 F.3d 157 (4th Cir. 1995) ........................................................................................................ 9 Wayte v. United States, 470 U.S. 598 (1985) .................................................................................................................. 10 Young v. United States, 315 U.S. 257 (1942) ................................................................................................................ 6, 7 Statutes and Rules 18 U.S.C. § 1001 .................................................................................................................... passim * Fed. R. Crim. P. 48(a) ................................................................................................................. 2, 6 iii Page(s) Constitutional Provisions U.S. Const. art. II, § 1, cl. 8 .......................................................................................................... 14 * U.S. Const. art. II, § 3 ............................................................................................................... 7, 14 Other Authorities Aaron Blake, “One of the Greatest Travesties in American History”: Barr Drops All Pretense About Ongoing Probe of Russia Investigation, Wash. Post (Apr. 9, 2020), https://wapo.st/2YTpgy9 .................................................................. 4 Adam Entous et al., Justice Department Warned White House that Flynn Could Be Vulnerable to Russian Blackmail, Officials Say, Wash. Post (Feb. 13, 2017), https://wapo.st/2YZr8Fq .............................................................. 20 Adam Goldman & Katie Benner, Ex-FBI Official is said to Undercut Justice Department Effort to Drop Flynn Case, N.Y. Times (May 13, 2020), https://nyti.ms/2Z0NS88 ............................................................. 20 Andrew Kent, Ethan J. Leib & Jed Handelsman Shugerman, Faithful Execution and Article II, 132 Harv. L. Rev. 2111 (2019)............................................ 14 Andrew McCanse Wright, The Take Care Clause, Justice Department Independence, and White House Control, 121 W. Va. L. Rev. 353 (2018).................................................................................................. 15 Annie Karni & Adam Goldman, Trump Says He’s “Strongly Considering” Pardoning Flynn, N.Y. Times (Mar. 12, 2020), https://nyti.ms/3bs8ngr .................................. 22 Carol Lee et al., Barr Takes Control of Legal Matters of Interest to Trump, Including Stone Sentencing, NBC (Feb. 11, 2020), https://nbcnews.to/3cwSIOt ..................... 23 David E. Pozen, Constitutional Bad Faith, 129 Harv. L. Rev. 856 (2016) .................................. 14 Eric Tucker & Jill Colvin, Trump Praise of “Tormented” Flynn Raises Pardon Speculation, Associated Press (Apr. 30, 2020), https://perma.cc/W63U-PESQ ....................... 12 Federal Bureau of Investigation, Domestic Investigative and Operations Guide (DIOG), Preamble (published Oct. 16, 2013) ...................................................................... 17, 20 Gillian E. Metzger, The Constitutional Duty to Supervise, 124 Yale L.J. 1836 (2015) ............... 15 iv Page(s) Other Authorities (cont.) Jonathan Kravitz, I Left the Justice Department After It Made a Disastrous Mistake. It Just Happened Again, Wash. Post (May 11, 2020), https://wapo.st/2Wqc16g ............................................................. 23 Katie Benner et al., Prosecutors Quit Roger Stone Case After Justice Department Intervenes on Sentencing, N.Y. Times (Feb. 11, 2020), https://nyti.ms//3fHTLwQ ............................................................. 4 Keith L. Alexander, Spencer S. Hsu, & Matt Zapotosky, Attorney General William Barr Names Timothy P. Shea, One of His Counselors, as the District’s Interim U.S. Attorney, Wash. Post (Jan. 30, 2020), https://wapo.st/2yGFrEl ................................................................ 23 Mark Mazzetti & Michael S. Schmidt, Mueller Objected to Barr’s Description of Russia Investigation’s Findings on Trump, N.Y. Times (Apr. 30, 2019), https://nyti.ms/3bpSTtA ................................................................ 4 Mary B. McCord, Barr Twisted My Words in Dropping the Flynn Case. Here’s the Truth, N.Y. Times (May 10, 2020), https://nyti.ms/3ctZ0hI ................................... 20 Michael Balsamo, Trump Doesn’t Heed Barr’s Request to Cool Tweeting on DOJ, Associated Press (Feb. 15, 2020), https://bit.ly/2zuIiQO .......................................................... 22 Michael S. Schmidt, Comey Memo Says Trump Asked Him to End Flynn Investigation, N.Y. Times (May 16, 2017), https://nyti.ms/2Wug6GO .................. 21 Natasha Bertrand & Daniel Lippman, “Really Shocking”: Trump’s Meddling in Stone Case Stuns Washington, Politico (Feb. 12, 2020), https://politi.co/2T02gcZ ................................................................... 23 Noah Webster, An American Dictionary of the English Language (1828), https://perma.cc/PR2X-UQXE................................................................................................... 14 Quint Forgey, “Dirty, Filthy Cops”: Trump Blasts Michael Flynn Investigation After New FBI Documents Released, Politico (Apr. 30, 2020), https://politi.co/3dFFVsX .................................................................. 22 Robert H. Jackson, The Federal Prosecutor, 24 J. Am. Jud. Soc’y 18 (1940), 21 J. Crim. L. 3 (1940), available at https://perma.cc/SLB4-WN4Y .................................................................... 1 v Page(s) Other Authorities (cont.) Special Counsel Robert S. Mueller, III, Report on the Investigation into Russian Interference in the 2016 Presidential Election (Mar. 2019), https://www.justice.gov/storage/report.pdf ....................... 22 Spencer S. Hsu & Devlin Barrett, Judge Cites Barr’s “Misleading” Statements in Ordering Review of Mueller Report Redactions, Wash. Post (Mar. 5, 2020), https://wapo.st/2AnY9B1 ................................................................ 5 Thomas Ward Frampton, Why Does Rule 48(a) Require “Leave of Court”? (May 13, 2020) (unpublished manuscript), https://bit.ly/3brIn4X .......................................... 7, 8 Trump Pence 2020, Trump Campaign Statement on Case Against Gen. Flynn Being Dropped (May 7, 2020), https://perma.cc/T8J4-XFKC ........................................ 22 U.S. Dep’t. of Justice, Justice Manual (2018), https://perma.cc/7M84-JZ5P .................. 1, 4, 5, 15 vi INTEREST OF AMICI CURIAE1 Amici curiae are a bipartisan group of former federal prosecutors and former high-ranking supervisory officials in the Department of Justice (“DOJ” or the “Department”). Many served in a nonpartisan career capacity in administrations of both parties. Some were political appointees— appointed by both Republican and Democratic presidents. All amici took an oath to uphold the United States Constitution and to carry out the Department’s core mission of pursuing equal justice under the law. They proudly adhered to the longstanding principle, expressed in the Department’s Justice Manual, that “[i]t is imperative that the Department’s investigatory and prosecutorial powers be exercised free from partisan consideration.”2 Amici submit this brief out of concern that President Trump and Attorney General Barr have flouted these principles by seeking to dismiss the prosecution of Michael Flynn for what appear to be partisan political reasons. Amici have an enduring respect and admiration for the Department and its career prosecutors. They also share an abiding belief that our democracy is safe only when the enormous power of federal law enforcement is applied equally to all citizens based on facts and the law, rather than the political whims of a particular president or administration. As then-Attorney General and later Supreme Court Justice Robert Jackson said: “While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst.”3 1 For ease of reading, emphases have been added and internal punctuation, alterations, citations, and footnotes have been omitted from quotations throughout this brief, without individual notations. 2 U.S. Dep’t. of Justice, Justice Manual § 1-8.100 (2018), https://perma.cc/7M84-JZ5P. 3 Robert H. Jackson, The Federal Prosecutor, 24 J. Am. Jud. Soc’y 18 (1940), 21 J. Crim. L. 3 (1940), available at https://perma.cc/SLB4-WN4Y (address at Conference of U.S. Attorneys, Washington, DC, Apr. 1, 1940). 1 Driven by their respect for the Department and the rule of law, and drawing on their nearly 14,300 cumulative years of experience enforcing the federal criminal laws, amici seek to aid the Court in its resolution of the pending motion to dismiss. Because the government and the defendant agree that the case should be dismissed, the Court lacks the benefit of opposing interests as it considers the questions now before it. Amici hope to assist in filling that gap. They urge the Court to exercise its authority to undertake a searching review of the government’s request, and in so doing to protect the public interest in the even-handed enforcement of our laws. INTRODUCTION In November 2017, the government charged former national security advisor Michael Flynn with one count of violating 18 U.S.C. § 1001. Flynn twice pled guilty before Article III judges. Two-and-a-half years later, with Flynn now awaiting sentencing before this Court, the government seeks to dismiss the case. But the law is clear: It cannot do so without “leave of court.” Fed. R. Crim. P. 48(a). To be sure, a district court’s discretion to deny such leave is narrow. Prosecutors’ motions to dismiss pending criminal charges can and often do serve laudable ends, including the protection of criminal defendants from charges that may be too weak or from punishments that may be unjust or too severe. In recognition of that fact and of longstanding separation of powers principles, courts have held that the government’s prosecutorial discretion to dismiss a case is broad and should be disturbed only in rare circumstances. The history of Rule 48 and its applicable precedent make clear, however, that a district court has the authority—and even the duty—to deny leave under Rule 48 in two situations. The first is not relevant here, as it occurs when the government is engaged in prosecutorial harassment of the defendant. But the second is very much at issue. It arises when the court determines that 2 dismissal would be contrary to the “public interest.” Rinaldi v. United States, 434 U.S. 22, 29 n.15 (1977) (citing United States v. Ammidown, 497 F.2d 615, 620 (D.C. Cir. 1973)). In assessing that question, “the trial court” does not “serve merely as a rubber stamp for the prosecutor’s decision.” Ammidown, 497 F.2d at 622. Rather, it is the Court’s “duty to . . . protect[] . . . the public interest,” United States v. Cowan, 524 F.2d 504, 511 (5th Cir. 1975), which it must do by ensuring that the government’s actions are not “tainted with impropriety.” Rinaldi, 434 U.S. at 30. The government’s request in this case does not appear to advance the interests of justice or of the public, nor does it appear to be free of impermissible and unlawful taint. The government’s motion instead bears the hallmarks of a brazen attempt to protect an ally of the President. The dismissal, in other words, appears to serve President Trump’s personal political interests, rather than the interests of the public whom the President and Attorney General Barr serve. The dismissal thus also appears to violate the Attorney General’s oath (and that of his political subordinates) to faithfully execute the laws and to abide by the longstanding policies of the Department of Justice. There is nothing remarkable or unjust about the case against Flynn. He lied to FBI agents— and admitted to that lie under oath. More significantly, he lied while serving as the President’s national security advisor about his communications with a high-ranking representative of a hostile foreign power, in the midst of the FBI’s investigation into ties between that hostile power and President Trump’s 2016 election campaign. That investigation was within the FBI’s jurisdiction to protect the United States against national-security threats. Moreover, Flynn’s conduct raised concerns at the highest levels of the FBI and DOJ that he might be subject to blackmail, which would disqualify him for his role as national security advisor (or any other senior government job). What is remarkable is the government’s newly minted claim that Flynn’s lies were not “material” within the meaning of 18 U.S.C. § 1001 because the FBI did not, on the day it 3 interviewed Flynn, have a “legitimate” open investigation that it expected to result in criminal charges against him. The government’s portrayal of the facts is an egregious distortion. The government did have an open investigation into Flynn, and not only was that investigation legitimate, the FBI was investigating Flynn for possible criminal conduct that went far beyond any connection he may have had to Russian interference in the 2016 election. The FBI also had ample reason to investigate the many foreign business relationships Flynn forged while working for President-elect Trump (and prior to that time) under its broad mandate to ensure that government employees do not pose national security threats. But even if the government’s recitation of the facts were accurate, its narrow reading of materiality is not—and has never been—the law. And notably, no career prosecutor signed the government’s brief. The government’s seemingly disingenuous representation of the facts and governing law comes in the context of a long history of actions undertaken by Attorney General Barr in furtherance of President Trump’s personal political interests. From issuing a statement mischaracterizing the report of the Special Counsel on the Russia investigation,4 to repeatedly commenting—in violation of DOJ policy—on ongoing investigations in a manner that impugns the character and integrity of people the President dislikes,5 to seeking a lighter sentence for President Trump’s friend Roger Stone against the recommendation of career prosecutors,6 Attorney General Barr has behaved in a manner that has already caused a judge of this Court to 4 See Mark Mazzetti & Michael S. Schmidt, Mueller Objected to Barr’s Description of Russia Investigation’s Findings on Trump, N.Y. Times (Apr. 30, 2019), https://nyti.ms/3bpSTtA. 5 See, e.g., Aaron Blake, “One of the Greatest Travesties in American History”: Barr Drops All Pretense About Ongoing Probe of Russia Investigation, Wash. Post (Apr. 9, 2020), https://wapo.st/2YTpgy9; cf. U.S. Dep’t of Justice, Justice Manual, supra note 2, § 1-7.000 et seq. 6 See Katie Benner et al., Prosecutors Quit Roger Stone Case After Justice Department Intervenes on Sentencing, N.Y. Times (Feb. 11, 2020), https://nyti.ms//3fHTLwQ. 4 remark on his “lack of candor” and to question whether he has misled the courts and the public at the President’s behest.7 Barr has likewise initiated criminal investigations and prosecutions that the President has publicly called for at the expense of the due process rights of the subjects, including a failed attempt to prosecute former FBI Deputy Director Andrew McCabe, an effort that the same judge of this Court likened to prosecutorial behavior in a “banana republic.”8 Partisan interference in law enforcement of the kind exhibited by the Department under Attorney General Barr is anathema to its mission of pursuing equal justice under the law. The Department’s Principles of Federal Prosecution are founded on the premise that its prosecutorial power should be exercised in service of the “fair, evenhanded administration of the federal criminal laws.”9 Those principles likewise designate “political association, activities, or beliefs”10 as impermissible considerations in initiating or declining criminal charges. When the Department abandons that neutrality, it erodes public respect for the rule of law and does grave damage to the institutions that undergird our democracy. It also forfeits any deference that this Court owes to the Department’s exercise of its otherwise vast prosecutorial discretion. As explained fully below, this Court has robust authority to scrutinize the government’s motion to dismiss and to take appropriate action if it determines that dismissal would not serve the public interest. The Court should exercise that authority here to protect the public interest in the integrity of the Department of Justice and the fair administration of the criminal law. 7 Elec. Privacy Inf. Ctr. v. U.S. Dep’t of Justice, __ F. Supp. 3d __, No. 19-cv-810(RBW), 2020 WL 1060633, at *8 (D.D.C. Mar. 5, 2020) (“Attorney General Barr distorted the findings in the Mueller Report,” apparently “to create a one-sided narrative . . . at odds with the . . . Report [itself]”). 8 See Spencer S. Hsu & Devlin Barrett, Judge Cites Barr’s “Misleading” Statements in Ordering Review of Mueller Report Redactions, Wash. Post (Mar. 5, 2020), https://wapo.st/2AnY9B1. 9 U.S. Dep’t of Justice, Justice Manual, supra note 2, § 9-27.001. 10 Id. at § 9-27.260. 5 ARGUMENT I. THE COURT HAS A DUTY TO SCRUTINIZE THE GOVERNMENT’S MOTION AND, IF DISMISSAL IS NOT IN THE PUBLIC INTEREST, TO DENY IT. While a court should ordinarily grant a motion for leave under Rule 48, the text, history, and judicial interpretation of the Rule confirm that a court must reject a prosecutor’s request to dismiss a case if it determines that dismissal would be contrary to the public interest. Unique features of this case underscore the need for such judicial review, given the special risk that the government’s motion would not faithfully execute, but rather would frustrate, the fair administration of the criminal law. A. Federal Rule of Criminal Procedure 48(a) denies the government authority to dismiss a criminal case without the Court’s approval, which the Court must withhold if dismissal would be contrary to “the public interest.” Federal prosecutors, like their predecessors at common law, once had unfettered discretion to terminate any criminal case, at any time and for any reason.11 That changed in 1944, when the Supreme Court promulgated Federal Rule of Criminal Procedure 48(a), the text of which—then and now—is clear: “The government may, with leave of court, dismiss an indictment, information, or complaint.” Fed. R. Crim. P. 48(a). That crucial highlighted phrase—with leave of court—does not appear in the Rule by happenstance. On the contrary, when Rule 48 was first submitted to the Supreme Court for approval by the Advisory Committee on the Rules of Procedure, it “adopted the common law rule that the power of the prosecutor to enter a nolle prosequi in a criminal case [i]s unrestricted.” Ammidown, 497 F.2d at 620. But the Supreme Court sent that proposed draft back to the Committee, with a citation to the Court’s own recent opinion in Young v. United States, 315 U.S. 11 See, e.g., The Confiscation Cases, 74 U.S. (7 Wall) 454, 457–58 (1868). 6 257 (1942).12 In Young, the Court had held that the mere fact that a prosecutor confesses error in a case “does not relieve th[e] Court of the performance of the judicial function.” Id. at 258. Rather, the Court declared: The public interest that a result be reached which promotes a well-ordered society is foremost in every criminal proceeding. That interest is entrusted to our consideration and protection as well as that of the enforcing officers. . . . [T]he proper administration of the criminal law cannot be left merely to the stipulation of parties. Id. at 259. Accordingly, when the Court issued the final version of Rule 48, it “inserted the phrase ‘by leave of court.’” Cowan, 524 F.2d at 510. And in so doing, the Court made “it manifestly clear that [it] intended to clothe the federal courts with a discretion broad enough to protect the public interest in the fair administration of criminal justice.” Id. at 512.13 That discretion can and must take account of the Executive’s central role in seeing the criminal law “faithfully executed.” U.S. Const. art. II, § 3; see United States v. Saena Tech Corp., 140 F. Supp. 3d 11, 30 (D.D.C. 2015) (Sullivan, J.) (describing criminal prosecution as “a traditional Executive Branch function” that may not be “seize[d] . . . by the Judicial Branch”); see also Cowan, 524 F.2d at 513. Precedent interpreting Rule 48 thus takes special care to “balance the constitutional duty of government prosecutors, as members of the Executive Branch . . . with the constitutional powers of the federal courts,” including “most particularly the sentencing power of trial judges.” United States v. Hamm, 659 F.2d 624, 629 (5th Cir. 1981). “The resulting balance of power is precisely what the Framers intended” when they established an independent judiciary, 12 See Cowan, 524 F.2d at 509–10 (describing Rule 48’s drafting history); Thomas Ward Frampton, Why Does Rule 48(a) Require “Leave of Court”? (May 13, 2020) (unpublished manuscript), https://bit.ly/3brIn4X (recounting drafting history in detail). 13 See also Rinaldi, 434 U.S. at 29 n.15 (“The words ‘leave of court’ . . . obviously vest some discretion in the court . . . .”); id. at 34 (Rehnquist, J., dissenting) (“This proviso was . . . clearly directed toward an independent judicial assessment of the public interest in dismissing the indictment.”). 7 which exists in part to serve as “a check on the abuse of Executive prerogatives” in those rare instances where such abuses occur. Cowan, 524 F.2d at 513. Thus, while Rule 48 “was not promulgated to shift absolute power from the Executive to the Judicial Branch,” “it was intended as a power to check power.” Id. In this Circuit, that “power to check power” is cabined, structured, and channeled by the Court of Appeals’ seminal decision in United States v. Ammidown, 497 F.2d 615 (D.C. Cir 1973). Cf. Rinaldi, 434 U.S. at 29 n.15 (citing Ammidown with approval); United States v. Pitts, 331 F.R.D. 199, 203–06 (D.D.C. 2019) (Sullivan, J.) (treating Ammidown as this Circuit’s central Rule 48 precedent). As the Court of Appeals explained, a District Court’s Rule 48 authority to deny a prosecutor’s motion to dismiss is confined to two specific circumstances. The first arises when the government attempts to harass a defendant by “charging, dismissing, and recharging” a case to gain a tactical advantage. Rinaldi, 434 U.S. at 29 n.15; see Ammidown, 497 F.2d at 620. In that posture, “the Government moves to dismiss [the] indictment over the defendant’s objection,” Rinaldi, 434 U.S. at 29 n.15, and the court steps in to protect the defendant from harassment, typically by insisting that the dismissal be with prejudice.14 But prosecutorial harassment is not the only evil that Rule 48 addresses. As the Court of Appeals recognized in Ammidown and the Supreme Court recognized in Rinaldi, “the Rule has also been held to permit the court to deny a Government dismissal motion to which the defendant has consented if the motion is prompted by considerations clearly contrary to the public interest.” 14 See, e.g., Pitts, 331 F.R.D. 199. In Ammidown, the Court of Appeals suggested that “prosecutorial harassment” cases are Rule 48’s “primary concern.” 497 F.2d at 620; see also Rinaldi, 434 U.S. at 29 n.15. But in a thorough scholarly excavation of Rule 48’s history, Professor Thomas Frampton demonstrates that the Rule’s principal object was not to protect “individual defendants, but rather to guard against dubious dismissals of criminal cases that would benefit powerful and wellconnected defendants.” Frampton, supra note 12. “In other words,” Rule 48 “was drafted and enacted precisely to deal with the situation that has arisen in United States v. Flynn.” Id. 8 Rinaldi, 434 U.S. at 29 n.15 (citing Ammidown, 497 F.2d at 620). In this “distinctly different situation,” the Court’s task is not to protect the defendant—who is now aligned with his former adversary. Ammidown, 497 F.2d at 620. Rather, the Court’s task is to determine whether the prosecutor’s proposed dismissal “sufficiently protects the public.” Id. As the Supreme Court has explained, in conducting this public-interest inquiry the “salient issue” is whether the government’s “efforts to terminate the prosecution [are] tainted with impropriety.” Rinaldi, 434 U.S. at 30. Such impropriety will be manifest where a dismissal “does not serve due and legitimate prosecutorial interests,” Ammidown, 497 F.2d at 622; where it represents a marked “departure from sound prosecutorial principle,” id.; where “the motion was a sham or a deception,” Cowan, 524 F.2d at 514; where “the decision to terminate the prosecution was tainted by bad faith,” United States v. Smith, 55 F.3d 157, 159 (4th Cir. 1995); or where the decision is driven by base personal interests, rather than public ones, see Hamm, 659 F.2d at 629– 30 (holding that “the court should withhold leave” to dismiss if it appears that the prosecuting official is acting “because he personally dislikes the victim of the crime”); cf. Saena Tech Corp., 140 F. Supp. 3d at 34 (noting in the related context of deferred prosecution agreements that a personal desire to benefit “an intimate acquaintance” would be improper) (quoting United States v. HSBC Bank USA, N.A., No. 12-CR-763, 2013 WL 3306161, at *6 (E.D.N.Y. July 1, 2013)). In conducting this review, the Court must recognize that “it has traditionally been the prosecutor who determines which case will be pressed to conclusion.” Ammidown, 497 F.2d at 621. But the Court’s job is not “to serve merely as a rubber stamp for the prosecutor’s decision.” Id. at 622. Rather, it is the Court’s “duty to [ensure] the protection of the public interest.” Cowan, 524 F.2d at 511. 9 B. The circumstances of this case underscore the need for independent judicial review. The Court’s duty to protect the public interest must be fulfilled in every case. But in the unique circumstances of this case, multiple considerations underscore the essential need for this Court’s independent review of the government’s motion. These special considerations include the unusual posture of the case, its proximity to the President, its implications for the integrity of the judicial system, and its salience to the public. Posture of the Case. Consider first the case’s posture. As noted above, Rule 48 analyses typically arise when a prosecutor seeks dismissal prior to trial. See Ammidown, 497 F.2d at 620. In that setting, separation of powers concerns cut in favor of granting a motion to dismiss. As the Supreme Court has observed, before trial, “the prosecutor’s assessment of the proper extent of prosecution may not have crystallized.” United States v. Goodwin, 457 U.S. 368, 381 (1982). Likewise, prior to trial, the government may still be assessing nuanced considerations such as “the prosecution’s general deterrence value [or] the government’s enforcement priorities.” Wayte v. United States, 470 U.S. 598, 607 (1985). More basically, it would be “unwise and impractical” to deny a motion to dismiss before trial, United States v. Shanahan, 168 F. Supp. 225, 229 (S.D. Ind. 1958), because the court “is constitutionally powerless to compel the government to proceed” to opening statements or to the presentation of evidence. Cowan, 524 F.2d at 511. Here, however, the Court need not “compel the government to proceed” any further with this case, id., because the government has already reached the end of the road: It has already secured the defendant’s guilty plea—twice.15 It has already prepared a sentencing memorandum— 15 See Minute Entry (Dec. 1, 2017) (Contreras, J.); Minute Entry (Dec. 18, 2018) (Sullivan, J.). 10 twice.16 Indeed, it has already gone to sentencing.17 In this unusual posture, it is not the Executive’s power to charge or conduct a prosecution that is threatened, but rather it is “the sentencing authority reserved to the judge.” Ammidown, 497 F.2d at 622. After all, “[i]t is axiomatic that, within the limits imposed by the legislature, imposition of sentence is a matter for discretion of the trial judge.” Id. at 621. Accordingly, the “dropping of an offense” at this late stage of the proceedings threatens “an intrusion on the judicial function.” Id. at 623; see also United States v. Fokker Servs. B.V., 818 F.3d 733, 745–46 (D.C. Cir. 2016) (observing that a judge’s authority is “markedly different” when the government seeks dismissal after “the court reviews the defendant’s admitted conduct” and finds him at fault, given the “immediate sentencing implications” of such a finding); id. (noting “the Judiciary’s traditional power over criminal sentencing”).18 Proximity to the President. But this case does not just present an unusual posture. It presents highly unusual, if not unprecedented, facts that have clearly captured the close attention of the President himself. The President’s interest in this case is significant for multiple reasons. See infra Part II.B. For present purposes, though, it bears noting that this case’s proximity to the President and his close attention to these proceedings undermines any argument that this Court might somehow encroach on the Executive’s authority by reviewing or rejecting the government’s motion. After all, “a judge could not possibly win a confrontation with the executive branch over 16 See Gov’t Sentencing Mem., ECF No. 46; Gov’t Supp. Sentencing Mem., ECF No. 150. 17 See Tr. of Proceedings, ECF No. 103. 18 In United States v. Fokker Servs., the Court of Appeals reviewed a judge’s refusal to toll the Speedy Trial clock in connection with a deferred prosecution agreement. See 818 F.3d at 737. In extensive dicta, the Court analogized that refusal to a refusal to dismiss a case under Rule 48(a). See id. at 742. In so doing, it repeatedly cited United States v. Ammidown with approval, see id. at 745–46, and nowhere suggested any intention to depart from that opinion’s seminal conclusion— embraced by the Supreme Court in Rinaldi—that trial courts must determine for themselves whether a proposed dismissal “sufficiently protects the public.” Ammidown, 497 F.2d at 620. 11 its refusal to prosecute, since the President has plenary power to pardon a federal offender.” In re United States, 345 F.3d 450, 454 (7th Cir. 2003). In run-of-the-mill cases, the idea that the President might issue such a pardon simply to defend the Executive’s prerogative against a District Court conducting a Rule 48 inquiry seems unlikely. But here, the prospect of a presidential pardon is anything but remote.19 Judicial Integrity. Indeed, the only practical difference between a presidential pardon and the dismissal that the Executive now seeks through its motion is that the pardon would be executed by the President alone, whereas the government’s motion asks this Court to bless the Executive’s proposed absolution of the defendant. The very fact that the Executive is seeking the Judiciary’s blessing, however, raises a third consideration: “the need to preserve the integrity of the courts.” United States v. Carrigan, 778 F.2d 1454, 1463 (10th Cir. 1985) (holding that “Rule 48(a) . . . permits courts faced with dismissal motions to consider” judicial integrity). As this Court has observed in a related context, considerations of judicial integrity are “[o]f utmost importance.” Saena Tech Corp., 140 F. Supp. 3d at 32. And here, the risk to that integrity is high. “The Court is being asked to place its formal imprimatur,” id. at 33, on the Executive’s decision to abandon a prosecution of a close associate of the President himself—indeed, the former national security advisor. Moreover, the defendant is being prosecuted for—and pled guilty to— lying to the FBI as it was investigating potentially unlawful behavior in the highest echelons of our government. Id. In a far less serious case, cited with favor by the Court of Appeals in Ammidown, a federal District Court judge described the crime of lying to federal investigators as “an offense [that] 19 See, e.g., Eric Tucker & Jill Colvin, Trump Praise of “Tormented” Flynn Raises Pardon Speculation, Associated Press (Apr. 30, 2020), https://perma.cc/W63U-PESQ. 12 strikes at the very trunk nerve of our system of administering justice. It is not a minor offense, but one possessed with grave consequences.” Shanahan, 168 F. Supp. at 226, cited in Ammidown, 497 F.2d at 621. For that reason, the court held, “A motion for leave to dismiss . . . such an offense cannot be taken lightly by the Court.” Id. And as this Court has already observed, the same can be said here. See Tr. of Proceedings 24, ECF No. 103 (“This is a very serious offense. A high-ranking senior official of the government [made] false statements to the Federal Bureau of Investigation while on the physical premises of the White House.”). Public Salience. Much like this Court, the public may be hard pressed to “hid[e] [its] disgust, [its] disdain, for this criminal offense.” Id. at 33. Nor will the public likely ignore the highly unusual circumstances under which the government’s motion was filed—and the serious questions those circumstances raise about the government’s motives and its conduct. See infra Part II; cf. Saena Tech Corp., 140 F. Supp. 3d at 34 (“The power to protect the integrity of the judiciary keeps courts from becoming accomplices in illegal or untoward actions . . . .”). Against the backdrop of these special circumstances, Rule 48 exists “to preserve the essential judicial function of protecting the public interest in the evenhanded administration of criminal justice.” Cowan, 524 F.2d at 512. As this Court has observed, “This is a federal criminal case, and this Court has supervisory jurisdiction over the proceedings. . . . If it has any duty to perform in this regard, it is to see that the waters of justice are not polluted.” Saena Tech Corp., 140 F. Supp. 3d at 32 (quoting Mesarosh v. United States, 352 U.S. 1, 14 (1956)). In fulfillment of that duty, the Court must “not be content with a mere conclusory statement by the prosecutor that dismissal is in the public interest.” Ammidown, 497 F.2d at 620. Rather, it must engage in a thorough “examination of the record,” Rinaldi, 434 U.S. at 30, so as “to obtain and evaluate the prosecutor’s [true] reasons” for dropping this case. Ammidown, 497 F.2d at 622. And with those 13 true reasons in hand, it must determine—for itself—whether a dismissal would “assure protection of the public interest.” Id. C. Interference in a law enforcement matter to advance the president’s political agenda violates Article II of the Constitution and is per se inconsistent with the public interest. The “balance of power” animating Rule 48 requires courts to defer to prosecutorial discretion but also to serve as “a check on the abuse of Executive prerogatives.” Cowan, 524 F.2d at 513. A paradigmatic example of such abuse occurs where prosecutorial decisions are made not to serve the public interest but rather to serve the president’s own personal political incentives. Accordingly, a court may deny a Rule 48 motion if it finds the motion to be the product of improper political interference in the exercise of the government’s law enforcement power. The Constitution places the president at the head of the executive branch, but it does not cloak him with unlimited authority to intervene in how the law is enforced. Rather, the president’s task is to “take Care that the Laws be faithfully executed.” U.S. Const. art. II, § 3. The very word “faithfully” suggests constraints, “imposing a duty of good faith”20 that prohibits “dishonesty, disloyalty, and lack of fair dealing.”21 Indeed, the word “faithfully” appears only one other time in the Constitution, in the president’s oath of office: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” U.S. Const. art. II, § 1, cl. 8. Through that oath, the Constitution makes the president a fiduciary of the public trust.22 20 See, e.g., David E. Pozen, Constitutional Bad Faith, 129 Harv. L. Rev. 856, 907 (2016); see also Noah Webster, An American Dictionary of the English Language (1828), https://perma.cc/PR2XUQXE (defining “faithfully” as meaning “with good faith”). 21 See Pozen, supra note 21, at 888. 22 See Andrew Kent, Ethan J. Leib & Jed Handelsman Shugerman, Faithful Execution and Article II, 132 Harv. L. Rev. 2111, 2119 (2019). 14 When the president intervenes in an individual prosecution to influence it for corrupt or self-protective purposes, he violates not only that trust but also his oath of office and the Take Care Clause itself. He is not preserving, protecting, and defending the Constitution to the best of his ability—he is undermining it. Accordingly, however broad the president’s powers may be, one thing he absolutely cannot do is exempt or shield himself or his allies from applicable laws. This would, by definition, not be taking care to faithfully execute the laws; it would be frustrating the execution of the law. Like the president, the Attorney General’s power to prosecute crimes is also grounded in Article II of the Constitution. See United States v. Nixon, 418 U.S. 683, 694 (1974). Accordingly, as the Department’s own Justice Manual confirms, “the prosecutor’s status as a member of the Executive Branch” means that he too has a “responsibility under the Constitution to ensure that the laws of the United States be ‘faithfully executed.’” U.S. Dep’t of Justice, Justice Manual, supra note 2, § 9-27.110. That responsibility includes the duty to protect criminal prosecutions “from partisan consideration” or influence—including from the president himself.23 Id. at § 1-8.100. For these reasons, it is clear that a failure to faithfully execute the laws—on the part of the President, the Attorney General, the Department of Justice, or all three acting in concert—threatens “the public interest in the evenhanded administration of criminal justice.” Cowan, 524 F.2d at 512. When that failure takes the form of a politically tainted request to dismiss a case, “the role of 23 See Andrew McCanse Wright, The Take Care Clause, Justice Department Independence, and White House Control, 121 W. Va. L. Rev. 353, 395–96 (2018) (discussing Attorney General’s Take Care Clause obligation to avoid presidential interference in prosecutions); cf. Gillian E. Metzger, The Constitutional Duty to Supervise, 124 Yale L.J. 1836, 1875–76 (2015) (“[T]he Framers did not expect that the President would be personally implementing the laws”). 15 guarding against abuse of prosecutorial discretion” falls to the Court, and warrants denial of the government’s motion under Rule 48. Ammidown, 497 F.2d at 620. II. THERE APPEAR TO BE AMPLE REASONS TO DENY THE GOVERNMENT’S MOTION. Based on the record currently before the Court, there are serious grounds to doubt that a dismissal of this case would serve the public interest, for at least two separate but interrelated reasons. First, the government’s arguments in support of dismissal fail even the most deferential scrutiny as to both matters of fact and law. Second, the context surrounding the filing of the government’s motion—including the abrupt departure of the only career prosecutor on the case— indicates that the motion is the result of political interference by the Attorney General and his politically-appointed subordinates, seemingly at the President’s behest. Either of these defects, standing alone, would warrant denial of the motion. But here they appear intertwined, as the government’s meritless legal arguments seem to be a pretext for political interference. A. The government’s motion is unpersuasive because Flynn’s false statements were material as a matter of law. For more than two and a half years, as the pendency of this case spanned two different District Court judges, two different prosecuting offices, and hundreds of pages of written pleadings, the government maintained a straightforward position: Michael Flynn committed a federal crime when, sitting in his White House office, he lied to the FBI about his contacts with a hostile foreign power. It was not a hard position for the government to maintain. After all, in his very first appearance in this courthouse, on December 1, 2017, Mr. Flynn raised his hand and confessed to that very crime. Over a year later, he swore a second oath and confessed to the crime yet again, standing before this Honorable Court. See Tr. of Proceedings 7–10, ECF No. 103. 16 Now, the government seeks to reverse course, insisting that, actually, there never was any crime here to begin with. Its sole reason for that assertion is its claim that it has unearthed “new” evidence demonstrating that Flynn’s statements were not “material” within the meaning of 18 U.S.C. § 1001. This is purportedly so because the FBI did not have a “legitimate” investigation of Flynn pending at the time its agents interviewed him. The government rests its claim on communications between FBI agents and other government personnel disclosing that the FBI had decided to close a counterintelligence investigation of Flynn before learning of his conversations with the Russian ambassador. To that the government adds the assertion that, going into their meeting with Flynn, the FBI agents already knew that what Flynn had said in his conversation with the Russian ambassador likely did not give rise to a crime. And it concludes by noting that some government personnel disagreed on how to handle or interpret Flynn’s conversation. The government is wrong on both the law and the facts. Indeed, it is so clearly and unequivocally wrong that one wonders why it is straining to make such unfounded arguments, if not to mask some alternative explanation for its request to drop Flynn’s case. The Law. As this Court knows—and has already held in this case—section 1001 applies broadly to “any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States,” and criminalizes false material statements made in connection with any such matter. See United States v. Flynn, 411 F. Supp. 3d 15, 41–42 (D.D.C. 2019). The Supreme Court has accordingly described the statute’s application as “sweeping.” United States v. Rodgers, 466 U.S. 475, 479 (1984). The statute’s expansive scope dovetails with the FBI’s own broad and dual-purpose jurisdiction to investigate not just potential violations of federal criminal law but also threats to national security that may or may not be criminal in nature.24 24 See FBI, Domestic Investigative and Operations Guide, Preamble (published Oct. 16, 2013). 17 Notwithstanding this statute’s clear and well-established scope, the government now advances the wholly novel position that concededly false statements like the one Flynn made to the FBI do not constitute a crime if, at the time the statement was made, the FBI did not already have an ongoing criminal investigation of the defendant. If accepted, the government’s argument would give rise to an unprecedented reading of the materiality element of 18 U.S.C. § 1001 that could well call into question myriad past and future prosecutions. One expects, however, that the Department will not long adhere to the position it has invented in this case—because the position is legally baseless. Simply put, there is no requirement that the FBI have an open investigation of anyone for a lie to be material: “A lie influencing the possibility that an investigation might commence stands in no better posture under § 1001 than a lie distorting an investigation already in progress.” United States v. Hansen, 772 F.2d 940, 949 (D.C. Cir. 1985). To prove materiality, the government is required only to make “a reasonable showing” of the “potential effects of the statement,” Hansen, 772 F.2d at 949, and is not limited to the “immediate circumstances” in which the statement was made in doing so. United States v. McBane, 433 F.3d 344, 351 (3d Cir. 2005); see also United States v. Moore, 612 F.3d 698, 701 (D.C. Cir. 2010) (“[A] statement is material if it has a natural tendency to influence, or is capable of influencing, either a discrete decision or any other function of the agency to which it was addressed.”). As these precedents make clear, the government “has a fundamental misunderstanding of the law of materiality under 18 U.S.C. § 1001.” Flynn, 411 F. Supp. at 41 (rejecting similar materiality arguments advanced by the defendant in this case). The Facts. This Court has already analyzed the materiality of Flynn’s false statements to the FBI in considerable detail, and has held that they were material in ways both narrow and broad. See id. at 40–43. As the government concedes, at the time of Flynn’s interview, the FBI had an 18 open counterintelligence investigation focused specifically on Flynn’s direct role, as a member of President Trump’s campaign, in Russian interference in the 2016 election, as well as on Flynn’s other dealings with foreign nationals. A conversation between Flynn and the Russian ambassador that occurred before Trump took office—possibly at Trump’s direction—concerning sanctions imposed on Russia was certainly relevant to that inquiry, as was the possibility that Flynn had lied to his superiors about the conversation. Whether the FBI was poised to close that investigation when it learned of Flynn’s conversation makes no difference. New information—including Flynn’s account of the call or his explanation for why he had previously lied about its contents to others—could have led the FBI to extend the investigation or to open a new one. “It is axiomatic that the FBI is not precluded from following leads and, if warranted, opening a new investigation based on those leads when they uncover information in the course of a different investigation.” Kelley v. FBI, 67 F. Supp. 3d 240, 287 n.35 (D.D.C. 2014) (quoted in Flynn, 411 F. Supp. 3d at 42). Flynn’s statements were likewise material to matters within the FBI’s jurisdiction even if the FBI was not investigating Flynn himself. The FBI had an open counterintelligence investigation into whether President Trump’s 2016 campaign was part of Russian election interference. To quote the government’s own briefing in this case, circa five months ago: Mr. Flynn’s false statements were “absolutely material” because his false statements “went to the heart” of the FBI’s “counterintelligence investigation into whether individuals associated with the campaign of then-candidate Donald J. Trump were coordinating with the Russian government in its activities to interfere with the 2016 presidential election.” Flynn, 411 F. Supp. 3d at 40–41 (quoting Gov’t’s Surreply 10, ECF No. 132). Nor is it relevant whether Flynn’s statement to the Russian ambassador in and of itself constituted a federal crime. The FBI has wide-ranging jurisdiction to determine whether a government employee is beholden to a foreign government and is thus a threat to national security. Here, the FBI knew that the National Security Advisor had lied to the Vice President-elect of the 19 United States about a phone call with a hostile power. And it further knew that the Russian government was aware that Flynn had lied, because the Vice President repeated the lie on national television. As the then-Acting Attorney General later explained to the White House Counsel, the fact that “Flynn had misled senior administration officials about the nature of his communications with the Russian ambassador to the United States” meant “that the national security adviser was potentially vulnerable to Russian blackmail.”25 If a lie told to the FBI against this backdrop is not “material” to the FBI’s jurisdiction to investigate “threats to the national security of the United States,”26 then the word “material” has lost all meaning. Finally, conversations between FBI and DOJ officials describing their discussions about the investigation of Flynn and whether to notify the incoming administration about his apparent lies to the vice president-elect have no bearing on the materiality of Flynn’s lies to the FBI.27 The government has not argued that Flynn, a longtime high-ranking military intelligence official who was intimately familiar with the FBI and the intelligence community, made his false statements unknowingly or involuntarily. Nor does it dispute that he was acting voluntarily when, represented by a well-known law firm, he twice admitted under oath in this Court that his statements were 25 Adam Entous et al., Justice Department Warned White House that Flynn Could Be Vulnerable to Russian Blackmail, Officials Say, Wash. Post (Feb. 13, 2017), https://wapo.st/2YZr8Fq. 26 FBI, Domestic Investigative and Operations Guide, Preamble (published Oct. 16, 2013). 27 The government repeatedly cites an FBI interview with Mary McCord, the then-acting head of DOJ’s National Security Division, for the proposition that the FBI’s interview of Flynn never should have taken place. From that premise, it argues that his false statements during that interview were not material. But as Ms. McCord recently explained, “[M]y interview in 2017 doesn’t help the department support this conclusion, and it is disingenuous for the department to twist my words to suggest that it does.” Mary B. McCord, Barr Twisted My Words in Dropping the Flynn Case. Here’s the Truth, N.Y. Times (May 10, 2020), https://nyti.ms/3ctZ0hI. The government may also have misrepresented the notes of Bill Priestap, the former head of FBI counterintelligence. See Adam Goldman & Katie Benner, Ex-FBI Official is said to Undercut Justice Department Effort to Drop Flynn Case, N.Y. Times (May 13, 2020), https://nyti.ms/2Z0NS88. 20 indeed materially false. And the government has not gone so far as to argue that it was misconduct for law enforcement personnel to plan a strategy for interviewing a witness in advance of actually talking to him. Internal disagreements between prosecutors and agents over whether, when, and how to conduct investigations have no bearing on the legal question of the government’s jurisdiction to conduct an interview. In sum, considering both the governing law and the conceded facts, the government’s extraordinary argument that it is lawful for a witness (a government employee, no less) to lie to the FBI about contacts with a high-ranking representative of a hostile foreign power simply cannot hold water. Indeed, the argument is so transparently untenable that it would seemingly make sense only as pretext for some other, unstated rationale for seeking dismissal of this case—a conclusion reinforced, as discussed below, by the events surrounding the filing of the government’s motion. B. The government’s attempt to dismiss the Flynn prosecution appears intended to further the President’s personal political interests and contravenes the consensus views of career officials, indicating it is not in the public interest. President Trump has denounced the FBI’s investigation of Flynn from its inception. Flynn, of course, was a senior adviser to the President’s 2016 campaign, and the Flynn investigation was part of an inquiry into wrongdoing by that campaign. In President Trump’s first days in office, he attempted to induce then-FBI Director James Comey to terminate the investigation, saying “I hope you can see your way clear to letting this go.”28 This act, among others (including firing Comey to, in the President’s words, end “this Russia thing”), led the Special Counsel to caution that 28 Michael S. Schmidt, Comey Memo Says Trump Asked Him to End Flynn Investigation, N.Y. Times (May 16, 2017), https://nyti.ms/2Wug6GO. 21 Trump’s actions are “capable of exerting undue influence over law enforcement investigations, including the Russian-interference and obstruction investigations.”29 The President has not shied away from exerting such influence in this case. Just last month alone, he repeatedly suggested that he was preparing to pardon Flynn,30 before going on to lambaste what he called the “dirty, filthy cops at the top of the FBI” and the government prosecutors who “tormented” and “destroyed” Flynn.31 These comments were simply the latest in a long string of criticisms the President has leveled against the Department and the FBI more generally, and against the prosecution of Flynn in particular. Indeed, “Flynn’s case has become something of a cause for Trump supporters,” who have keyed in on the President’s tweets and statements.32 And in fact, as soon as the government’s motion to dismiss was filed in this case, the President’s reelection campaign issued a press release touting the move.33 In the meantime, as the President’s multi-year pressure campaign unfolded, the career officials who worked on the investigation, the Special Counsel who was appointed under rules aimed at ensuring the exercise of independent prosecutorial judgment, and President Trump’s Senate-confirmed United States Attorney for the District of Columbia, Jessie Liu, all found the case’s underpinnings to be fully consistent with both the law and the Department’s Principles of 29 Special Counsel Robert S. Mueller, III, Report on the Investigation into Russian Interference in the 2016 Presidential Election at 38, 157 (Mar. 2019), https://www.justice.gov/storage/report.pdf. 30 See, e.g., Annie Karni & Adam Goldman, Trump Says He’s “Strongly Considering” Pardoning Flynn, N.Y. Times (Mar. 12, 2020), https://nyti.ms/3bs8ngr. 31 Quint Forgey, ‘Dirty, Filthy Cops’: Trump Blasts Michael Flynn Investigation After New FBI Documents Released, Politico (Apr. 30, 2020), https://politi.co/3dFFVsX. 32 Michael Balsamo, Trump Doesn’t Heed Barr’s Request to Cool Tweeting on DOJ, Associated Press (Feb. 15, 2020), https://bit.ly/2zuIiQO. 33 See Trump Pence 2020, Trump Campaign Statement On Case Against Gen. Flynn Being Dropped (May 7, 2020), https://perma.cc/T8J4-XFKC. 22 Federal Prosecution. These officials vigorously prosecuted the case, securing a plea, preparing sentencing memoranda, and—most notably—arguing forcefully against Flynn’s eventual efforts to withdraw his guilty plea based on alleged government misconduct. With respect to the latter, the government’s attorneys prevailed when this Court recently rejected Flynn’s claims that he had been the victim of government misconduct, including entrapment and Brady violations by the prosecution. See Flynn, 411 F. Supp. 3d 15. But after years of steadfast support for the prosecution by nonpartisan Department personnel, Attorney General Barr personally stepped in to alter its course. Earlier this year, Barr and Trump removed Ms. Liu from her position34 and replaced her with Timothy Shea, who was previously one of Barr’s top aides. Barr appointed Shea as an “interim” United States Attorney, a status that avoids Senate confirmation.35 One of Shea’s first official acts was to contravene the recommendation of career prosecutors in the sentencing of Roger Stone, President Trump’s friend and former campaign associate.36 Three career prosecutors withdrew from that case as a result. A fourth resigned from the Department altogether and recently wrote that the government’s intervention to seek favorable treatment for Stone “abdicat[ed] [the Department’s] responsibility to dispense impartial justice.”37 Now, the government has moved to dismiss the Flynn prosecution 34 See Carol Lee et al., Barr Takes Control of Legal Matters of Interest to Trump, including Stone Sentencing, NBC (Feb. 11, 2020), https://nbcnews.to/3cwSIOt. 35 See Keith L. Alexander, Spencer S. Hsu & Matt Zapotosky, Attorney General William Barr Names Timothy P. Shea, One of His Counselors, as the District’s Interim U.S. Attorney, Wash. Post (Jan. 30, 2020), https://wapo.st/2yGFrEl. 36 See Natasha Bertrand & Daniel Lippman, “Really Shocking”: Trump’s Meddling in Stone Case Stuns Washington, Politico (Feb. 12, 2020), https://politi.co/2T02gcZ. 37 Jonathan Kravitz, I left the Justice Department After it Made a Disastrous Mistake. It Just Happened Again, Wash. Post (May 11, 2020), https://wapo.st/2Wqc16g. 23 in a pleading signed only by Shea and no career official, as the government’s lead career prosecutor on the case moved to withdraw his appearance shortly before the government’s motion was filed. In this context, the government’s efforts to excuse Flynn’s material and criminal lies serve the President’s desire to spare a political loyalist and to exonerate his own campaign. They also represent an assault on the Department’s mission to pursue equal justice under the law without regard to partisan interests. The government’s actions send an unmistakable message that there is one standard of justice for President Trump, his campaign, and his friends and another for everyone else. That message corrodes the rule of law and cannot meet any definition of the “public interest.” III. AIDED BY ITS APPOINTED AMICUS, THE COURT SHOULD CONDUCT AN EVIDENTIARY HEARING TO ASSESS THE GOVERNMENT’S DECISION. Clearly, the Court already appreciates the serious nature of its obligation to scrutinize the government’s motion with care, as is evidenced by its recent appointment of the Hon. John Gleeson (ret.) as amicus curiae to argue in opposition to the government’s request. As the Court is aware, Judge Gleeson’s participation in these proceedings stems from the Court’s own “inherent authority.” Jin v. Ministry of State Sec., 557 F. Supp. 2d 131, 136 (D.D.C. 2008). Accordingly, “[i]t is solely within the court’s discretion to determine ‘the fact, extent, and manner’ of the [amcius’s] participation.” Id. (quoting Cobell v. Norton, 246 F. Supp. 2d 59, 62 (D.D.C. 2003)). In this case, given the highly irregular nature of the Department’s recent conduct, the facially insupportable nature of its legal arguments, and the fundamental public interests at stake, the Court—assisted by its amicus—can and should conduct a thorough “examination of the record.” Rinaldi, 434 U.S. at 30. Such an examination will likely require an evidentiary hearing, given unresolved questions surrounding the Department’s curious turnabout. Only after developing a full and complete record will the Court be able to determine whether that reversal entails any “bad faith on the part of the Government.” Id. And as numerous courts have observed, 24 the Court’s broad authority to appoint an amicus curiae includes the authority to “allow amici to call their own witnesses and cross examine the witnesses of other parties” at any such hearing. Russell v. Bd. of Plumbing Examiners of Cnty. of Westchester, 74 F. Supp. 2d 349, 351 (S.D.N.Y. 1999); see also Wharton v. Vaughn, No. CV 01-6049, 2020 WL 733107, at *5 (E.D. Pa. Feb. 12, 2020) (“[A]micus curiae at the hearing . . . will be permitted to call and cross-examine witnesses.”); id. at *5 n.4 (citing cases in support of such authority). Finally, if after considering the government’s arguments and gathering evidence, the Court concludes that the motion to dismiss is motivated by improper political considerations or otherwise contravenes the public interest, the Court should deny the motion and proceed in due course to sentencing. The defendant has already pled guilty and the government has already submitted multiple sentencing memoranda for the Court’s consideration. In this posture, all that remains is the “imposition of sentence,” a matter for the “discretion of the trial judge” alone. Ammidown, 497 F.2d at 621. CONCLUSION A democracy governed by the rule of law requires a Justice Department that acts evenhandedly when exercising its vast powers. There is ample evidence that under its current political leadership the Department has been weaponized to do the opposite: to punish the President’s opponents and reward his friends. The government’s motion to dismiss the prosecution of a presidential ally who has twice confessed to serious crimes is yet another step down this dangerous path. The career officials who carry out the Department’s work and whom the President routinely maligns cannot speak in their own defense. But this Court has both the authority and the obligation to ensure that federal law-enforcement power is exercised in the interest of the people— the public interest—as the Constitution requires. We respectfully ask the Court to do so. 25 Respectfully submitted,38 May 20, 2020 PROTECT DEMOCRACY PROJECT /s/Benjamin L. Berwick . Benjamin L. Berwick (Bar No. MA0004) Counsel of Record Justin G. Florence (Bar No. 988953) THE PROTECT DEMOCRACY PROJECT, INC. 15 Main Street, Suite 312 Watertown, MA 02472 T: (202) 579-4582 F: (929) 777-8428 ben.berwick@protectdemocracy.org justin.florence@protectdemocracy.org Andrew Manuel Crespo* (DC 998215) 1525 Massachusetts Avenue Cambridge, MA 02138 T: (617) 495-3168 acrespo@law.harvard.edu Kristy Parker* (DC 1542111) Justin Vail** (MO 65693) THE PROTECT DEMOCRACY PROJECT, INC. 2020 Pennsylvania Avenue, NW, #163 Washington, DC 20006 T: (202) 579-4582 F: (929) 777-8428 kristy.parker@protectdemocracy.org justin.vail@protectdemocracy.org Steven A. Hirsch* (CA 171825) THE PROTECT DEMOCRACY PROJECT, INC. 2120 University Avenue Berkeley, CA 94704 T: (415) 676-2286 steve.hirsch@protectdemocracy.org * Signed pursuant to Local Rule of Criminal Procedure 44.1(c). ** Application for admission to the District of Columbia Bar pending. Admitted in Missouri and Illinois; practice consistent with D.C. Court of Appeals Rule 49(c). Signed pursuant to Local Rule of Criminal Procedure 44.1(c). 38 Amici affirm that no counsel for a party authored this brief in whole or in part and that no person other than amici or their counsel made any monetary contributions intended to fund the preparation or submission of this brief. 26 APPENDIX LIST OF AMICI CURIAE First Name Last Name Highest Former Department Position Elkan Abramowitz Chief, Criminal Division, Southern District of New York Steven Abrams Special Assistant United States Attorney, Eastern District of New York Abrams Assistant United States Attorney; Special Attorney, Organized Crime Strike Force Ivan Abrams Assistant United States Attorney, Organized Crime Drug Enforcement Task Force, District of Arizona Monique Abrishami Trial Attorney Julien Adams Assistant United States Attorney Dennis Aftergut Assistant United States Attorney Elizabeth Ainslie Chief, Fraud Section Linda Akers United States Attorney, District of Arizona Sam Alba First Assistant United States Attorney, D. Utah Richard Albert Assistant United States Attorney Christopher Alberto Chief, Justice Enforcement Team, Financial Litigation Cynthia Alksne Assistant United States Attorney Kimberly Allan Assistant United States Attorney James Allison Chief, Criminal Division, District of Colorado David Allred Deputy Chief, Criminal Section, Civil Rights Division Steven Alm United States Attorney for the District of Hawaii Albert Alschuler Special Assistant to the Assistant Attorney General, Criminal Division Leland Altschuler Chief, Silicon Valley Branch Office, United States Attorney's Office, N.D. Cal. Lawrence Anderson Assistant United States Attorney James Anderson Assistant United States Attorney Jeff Anderson Acting United States Attorney, W.D. Wis. Stephen Anear Special Assistant United States Attorney Donald 27 David Apfel Assistant U.S. Attorney Robert Appleton Supervisory Assistant United States Attorney Ronald Apter Supervisory Assistant United States Attorney James S. Arisman Assistant United States Attorney, District of Columbia Michelle Aronowitz Trial Attorney, Civil Rights Division William Aronwald Chief, Criminal Division, EDNY John Arterberry Executive Deputy Chief, Fraud Section, Criminal Division David Askman Senior Counsel M. Taylor Aspinwall Criminal Division Deputy Chief, E.D. Pa. Jeffrey Auerhahn Assistant United States Attorney Edna Axelrod Chief of Appeals, District of New Jersey David Axelrod Assistant United States Attorney; Trial Attorney, Tax Division, Criminal Section Donald Ayer Deputy Attorney General Alfred Baltazar (Balt) Baca Trial Attorney Marion Bachrach Chief of General Crimes, EDNY Rhonda Backinoff Assistant United States Attorney Susan Badger Assistant United States Attorney Bill Baer Acting Associate Attorney General; Assistant Attorney General for Antitrust Chiraag Bains Senior Counsel to the Assistant Attorney General for Civil Rights Robert Baker Senior Trial Attorney, Tax Division Wayne Baker Assistant United States Attorney, EDNY Russell T. Baker, Jr. United States Attorney, District of Maryland Gregory Baldwin Assistant United States Attorney; Chief, Operation Greenback Kenneth Ballen Assistant United States Attorney Rachel Ballow Assistant United States Attorney, E.D. Va. Richard Banks Assistant United States Attorney, S.D. Tex. Leslie Banks Assistant United States Attorney, S.D. Tex. 28 Brad Barbin Assistant United States Attorney, W.D. Pa., S.D. Ohio John Barg Trial Attorney Frederick Baron Associate Deputy Attorney General; Director, Executive Office for National Security Alan Baron Assistant United States Attorney Andrew Barr Assistant United States Attorney, Northern District of Texas Linda Barr Assistant United States Attorney Jane F. Barrett Assistant United States Attorney, District of Maryland Lynsey Barron Assistant United States Attorney Maria Barton Assistant United States Attorney Christopher Bator Assistant United States Attorney Barbara Bearnson Chief, Criminal Division, District of Utah Laurence Beck Senior Trial Attorney, Public Integrity Section, Criminal Division James M. Becker Assistant United States Attorney; Chief, Major Crimes, E.D. Pa. Ira Belkin Former Chief, Criminal Division, D.R.I. Craig Benedict Assistant United States Attorney, N.D.N.Y.; Special Assistant United States Attorney, N.D. Ill., E.D. Mich. John Bennett Assistant United States Attorney Allen Bentley Assistant United States Attorney, Criminal Division, S.D.N.Y. Arianna Berg Assistant United States Attorney, S.D.N.Y., N.D. Cal. Emily Berger Deputy Chief of Criminal Appeals, United States Attorney‘s Office, EDNY Bruce Berger Trial Attorney, Civil Rights Division, Criminal Section Paul Bergman Chief, Appeals Division, EDNY Stuart Berman Chief, Southern Division, United States Attorney's Office, District of Maryland Rick Berne Assistant United States Attorney, EDNY, N.D. Cal. Charles Bernstein Assistant United States Attorney, District of Maryland Roger Bernstein Assistant United States Attorney 29 Alan Bersin United States Attorney, Southern District of California Linda Betzer Assistant United States Attorney Thomas Bick Senior Trial Attorney Richard Bicki Trial Attorney Russell Bikoff Deputy Director, Office of International Affairs, Criminal Division Despena Billings Assistant United States Attorney, Deputy Chief of Major Crimes Nima Binara Attorney-Advisor, National Security Division Andrew Biviano Assistant United States Attorney Gary Black Trial Attorney, Criminal Division Carl Blackstone Supervisory Assistant United States Attorney Guy Blackwell Interim United States Attorney; First Assistant United States Attorney Robert Blair Trial Attorney, Dallas Bank Fraud Task Force G. Robert Blakey Special Attorney Meghan Blanco Assistant United States Attorney Kathleen Bliss Assistant United States Attorney Robert E. Bloch Chief, Professions and Intellectual Property Section, Antitrust Division Joseph G. (Jerry) Block Chief, Environmental Crimes Section, Environment & Natural Resources Division Ira Block Senior Litigation Counsel David Blotner Assistant Chief, Litigation I, Antitrust Duvision Laura Blumenfeld Assistant United States Attorney for the District of Columbia Richard Blumenthal United States Attorney Daniel Bogden United States Attorney for the District of Nevada Jeffrey Bogue Assistant United States Attorney David Bohan Assistant United States Attorney Barry Bohrer Chief Appellate Attorney, Southern District of New York Robert Bondi Senior Litigation Counsel, S.D. Fla. 30 Noah Bookbinder Trial Attorney, Public Integrity Section Richard Boote Senior Trial Attorney Edward Borden Assistant United States Attorney, E.D. Pa. Frank Bove Assistant United States Attorney, E.D. Pa.; Senior Attorney, Criminal Division Robert Boylan Trial Attorney Myesha Braden Trial Attorney, Criminal & Civil Rights Divisions Michael Brady Chief, Criminal Division, WDNY Gregory Brady Assistant United States Attorney, D.D.C.; Deputy General Counsel, Office of Justice Programs Alvin Bragg Assistant United States Attorney Robert Breakstone Chief, Criminal Division, N.D. Cal. Laurie Brecher Chief, General Crimes Unit, Senior Trial Counsel, Securities Fraud Task Force, Assistant United States Attorney, SDNY Liam Brennan Assistant United States Attorney Kathleen Brinkman Assistant United States Attorney, S.D. Ohio David Brodsky Assistant United States Attorney, S.D.N.Y. Michael Bromwich Inspector General; Assistant United States Attorney, Southern District of New York Jim Brosnahan Deputy Special Prosecutor William H Browder Jr. First Assistant United States Attorney, District of Maine Jason Brown Chief of the Criminal Division, Eastern District of New York Thomas Brown First Assistant United States Attorney M. Anthony Brown Assistant United States Attorney Mahlon Brown United States Attorney, District of Nevada Stephanie Browne Assistant United States Attorney, District of Rhode Island Walter Brownridge Trial Attorney, Criminal Division, Fraud Section Jay Brozost Senior Trial Attorney, Fraud Section, Criminal Division Anthony Bruce Senior Litigation Counsel James Bruen Assistant United States Attorney, Criminal Division, N.D. 31 Cal. Jules Terrence Brunner Chief, Pittsburgh Organized Crime Strike Force Ronald Brunson Senior Litigation Counsel; Assistant United States Attorney Jacob Buchdahl Assistant United States Attorney Thomas Buck Assistant United States Attorney, Central District of California Renee M. Bunker Chief, Appellate Division, United States Attorney's Office, District of Maine Patrick Bupara Chief Assistant United States Attorney, N.D. Cal. Donald Burkhalter United States Attorney Paula Burnett Criminal Chief Kelly Burnham Senior Litigation Counsel, D.N.M. Sharon Burnham Principal Assistant United States Attorney Jamed Burns United States Attorney, N.D. Ill. Joseph Burton Assistant United States Attorney, Northern District of California Alex Busansky Trial Attorney, Civil Rights Division, Criminal Section David Buvinger Assistant United States Attorney, N.D. Ill. Kenneth Bynum Former Assistant United States Attorney for the District of Columbia David Callaway Criminal Division Chief Nikki Calvano Assistant United States Attorney Cynthia Campbell Assistant United States Attorney Bradley Campbell Trial Attorney, Environment and Natural Resources Division Steve Canfil Trial Attorney, Organized Crime & Racketeering Section Doug Cannon Senior Litigation Counsel, M.D.N.C. Michael Cannon Trial Attorney, Criminal Division, Public Integrity Section Rachel Cannon Assistant United States Attorney Bennett Capers Assistant United States Attorney Stephen Carlton Assistant United States Attorney Mary Elizabeth Carmody Assistant United States Attorney 32 Debra Carnahan Assistant United States Attorney Charles Carnese Assistant United States Attorney and Special Attorney to the Attorney General Veta Carney Senior Trial Attorney Julia Caroff Assistant United States Attorney, E.D. Mich. Elizabeth Carpenter Assistant United States Attorney, S.D.N.Y. & C.D. Cal. Michael Carr Chief, Criminal Division, S.D. Ill. William Carter Section Chief, Assistant United States Attorney, Central District of California Bruce Carter Chief, Economic Crime Unit, W.D. Wash. Zachary Carter United States Attorney, EDNY Neil Cartusciello Chief, Environmental Crimes Section, Enivonment & Natural Resources Division; First Deputy Chief, Criminal Division, SDNY Debora Caruth Associate Director, Criminal Division, Office of International Affairs Peter Casey Organized Crime & Racketeering Special Attorney, NE Strike Force Daniel J. Cassidy Senior Trial Attorney, Narcotic & Dangerous Drug Section Melchor Castro Assistant United States Attorney John Caudill Assistant United States Attorney Eric Chaffin Assistant United States Attorney, Criminal Division, EDNY Christopher Chambers Enforcement Attorney Subodh Chandra Assistant United States Attorney Dick Chapman Senior Litigation Counsel Linda Chapman Assistant United States Attorney Bruce Chasan Assistant United States Attorney, E.D. Pa.; Trial Attorney, Lands and Natural Resources Division Ernest Chen Special Attorney, Organized Crime Section Christine Chenevert Assistant United States Attorney Patricia Chick Trial Attorney Arthur Chotin Senior Trial Attorney 33 Christine Chung Chief of Appeals, SDNY Robert Ciaffa Assistant United States Attorney M. Wesley Clark Special Attorney, Strike Force, M.D. Pa. Robert Cleary United States Attorney, D.N.J., S.D. Ill. Dan Clement Assistant United States Attorney, Central District of California Ben Clements Assistant United States Attorney, District of Massachusetts Thomas Coffin Chief, Criminal Division, Southern District of California Barbara J. Cohan-Saavedra Assistant United States Attorney, Organized Crime Drug Enforcement Task Force, E.D. Pa. Sanford Cohen Chief, Civil Rights, Assistant United States Attorney, EDNY Michael Cohen Assistant United States Attorney Norman Cohen Assistant United States Attorney, District of Vermont Barbara Colby Tanase Assistant United States Attorney, Supervisor, Branch Offices, E.D. Mich. Ronald Cole Assistant United States Attorney Wendy Collins Trial Attorney Patricia Collins Chief, Major Crimes, C.D. Cal. Sharon Collins Senior Appellate Counsel, Criminal Division, D.D.C. Paula Conan Assistant United States Attorney, N.D.N.Y. Nicholas Connor Trial Attorney, Public Integrity Section, Criminal Division Clare Connors Assistant United States Attorney; Trial Attorney Randall Cook Assistant United States Attorney Jeffrey Coopersmith Deputy Supervisor, Complex Crimes, United States Attorney’s Office, W.D. Wash. Julie Copeland Deputy Chief, General Crimes Ellen Corcella Chief, General Crimes, EDNY Paul Corcoran Deputy Chief of the Criminal Dicision, EDNY Barbara Corprew Deputy Chief, Fraud Section, Criminal Division Paul Corradini Assistant United States Attorney; Special Attorney, Organized Crime & Racketeering Section, Criminal 34 Division Michael Cotter United States Attorney, District of Montana Patrick Cotter Assistant United States Attorney, Special Attorney Strike Force, EDNY Jerry Coughlan Assistant United States Attorney Robert Courtney Chief, Organized Crime Strike Force, E.D. Pa. Andrew Cowan Assistant United States Attorney Susan Cowger Senior Litigation Counsel James Cowles Assistant United States Attorney; Lead Organized Crime Drug Enforcement Task Force James Cowles Assistant United States Attorney, Lead, Organized Crime Drug Enforcement Task Force Marianne Cox Assistant United States Attorney Howard Cox Assistant Deputy Chief, Computer Crime & Intellectual Property Section, Criminal Division Sara Criscitelli Assistant Director, Office of International Affairs Robert Crouch United States Attorney, Western District of Virginia Matthew Crowl Deputy Chief, United States Attorney's Office, N.D. Ill. Daniel Crumby Assistant United States Attorney Douglas Curless Assistant United States Attorney Margaret E. Curran United States Attorney, D.R.I. Kelly Currie Acting United States Attorney, Eastern District of New York William Currier Assistant United States Attorney, D.D.C. Barbara Curry Assistant United States Attorney Richard Cutler Assistant United States Attorney Wayne Dance Assistant United States Attorney Benjamin Daniel Assistant United States Attorney Marilyn Daniel Assistant United States Attorney, Eastern District of Kentucky Mary Jude Darrow Assistant United States Attorney, E.D. La., E.D.N.C. Frederick Davis Chief Appellate Attorney, SDNY 35 Mary McGowan Davis Chief, Appeals Division, EDNY Donald A. Davis United States Attorney, Western District of Michigan Gabe Davis Trial Attorney, Civil Rights Division, Criminal Section Deborah Dawson Trial Attorney Elizabeth de la Vega Chief, San Jose Branch, N.D. Cal. Adria De Landri Assistant United States Attorney, SDNY John De Pue Senior Appellate Counsel, National Security Division Patrick Deady Assistant United States Attorney Luis C. deBaca Chief Counsel, Human Trafficking Prosecutions Unit Janet DeCosta Trial Attorney; Special Assistant United States Attorney Bert Deixler Assistant United States Attorney, Central District of California Bernard Delia Assistant United States Attorney for the District of Columbia Michelle DeLong Assistant United States Attorney, EDNY Maureen DeMaio Assistant United States Attorney Jeffrey Demerath Assistant United States Attorney for the District of Columbia Stuart Deming Trial Attorney James Denvir Chief, AT&T Trial Team Ronald DePetris Chief Assistant United States Attorney, EDNY Michael Dettmer United States Attorney, W.D. Mich. Stephen Dichter Assistant United States Attorney, District of Arizona James Dick Trial Attorney Debra Diener Assistant United States Attorney, District of Columbia Matthew Diggs Assistant United States Attorney Anthony DiGioia Assistant United States Attorney, D.D.C., D.R.I. W. Thomas Dillard United States Attorney, N.D. Fla. Wanda Dixon Assistant United States Attorney Dobberteen Assistant United States Attorney, Central District of California Eric 36 Judith Dobkin Assistant United States Attorney Jeremiah Donovan Assistant United States Attorney Theodore Doolittle Trial Attorney, Tax Division, Southern Criminal Enforcement Section Dan Dorsky Assistant United States Attorney Philip Douglas Assistant United States Attorney, Southern District of New York William Dow Assistant United States Attorney, District of Connecticut Daniel Drake Executive Assistant United States Attorney Richard Drooyan Chief Assistant United States Attorney, Central District of California James Druker Deputy Chief, Criminal Division, EDNY Michael DuBose Chief, Computer Crime and Intellectual Property Section, Criminal Division Robert Duffey Assistant United States Attorney Felice Duffy Assistant United States Attorney John Duncan Executive Assistant United States Attorney Marc Durant Deputy Chief, Criminal Division, E.D. Pa. Thomas Anthony Durkin Assistant United States Attorney, N.D. Ill. John C. Dwyer Acting Associate Attorney General Linda Eads Senior Trial Attorney Terry Eaton Assistant United States Attorney, District of Columbia Roberta Eaton Assistant United States Attorney, District of Columbia Michael Eberhardt Deputy Chief, SDNY Organized Crime Strike Force Ronnie Edelman Principal Deputy Chief, Counterterrorism Section, National Security Division Barbara Edelman Assistant United States Attorney William Edwards First Assistant United States Attorney John Edwards United States Attorney for the Western District of Virginia Jeffrey Eglash Assistant United States Attorney; Chief, Public Corruption & Government Fraud Section Mark Ehlers Assistant United States Attorney, D.D.C., E.D. Pa. 37 Miles Ehrlich Chief, White Collar Crime Section, Northern District of California Susan Ehrlich Assistant United States Attorney, District of Arizona Bruce Einhorn Immigration Judge James Elkins Assistant United States Attorney Margaret (Peggy) Ellen Chief, Economic Crimes Section, United States Attorney’s Office for the District of Columbia J. William Elwin, Jr. Trial Attorney Maury Epner Assistant United States Attorney, District of Maryland Tiffany Erwin Moller Assistant United States Attorney, Southern District of New York Katherine Eskovitz Assistant United States Attorney Juliet Eurich Founding Director, Professional Responsibility Advisory Office Neil Evans Assistant United States Attorney Virginia Evans Chief, Civil Division, District of Maryland David Everett Assistant United States Attorney, W.D. Ky. & N.D. Tex.; Attorney, Criminal Division, Fraud Section Gregory Everts Trial Attoeney Marc Fagelson Assistant United States Attorney Curtis Fallgatter Chief Assistant Elizabeth Farr Senior Counsel to the Assistant Attorney General for the Criminal Division Mike Fawer Chief, Special Prosecutions, SDNY Donald Fay Chief of Appeals, United States Attorney's Office for the District of New Jersey Ira Feinberg Chief Appellate Attorney, SDNY Criminal Division Howard Feinstein Trial Attorney Jonathan S. Feld Associate Deputy Attorney General Michael Feldberg Assistant United States Attorney, Southern District of New York James Feldman Assistant to the Solicitor General; Associate Independent Counsel 38 Cary Feldman Assistant United States Attorney, District of Columbia Charles W. B. Fels Assistant United States Attorney Amalia Fenton Assistant United States Attorney Athur Lee Fentress Assistant United States Attorney, District of Columbia James Fergal Assistant United States Attorney, E.D. Wis. Robert Fettweis Chief, Criminal Division, D.N.J. Katharine Fincham Chief, Computer Crimes and Child Exploitation Unit Daren Firestone Trial Attorney, Northern Criminal Enforcement Section, Tax Division Robert Firth Trial Attorney, Criminal Division Louis Fischer Senior Attorney, Appellate Section, Criminal Division Walter Fisherow Chief, Environmental Enforcement Section, Environment & Natural Resources Division Thomas Fitzpatrick Chief, Criminal Division, SDNY Norajean Flanagan Deputy Chief, Criminal Section, Civil Rights Division John Flannery Assistant United States Attorney Elizabeth Fleming Assistant United States Attorney, E.D. Mich. Mark Flessner Assistant United States Attorney Roberta Flowers Assistant United States Attorney Thomas Flynn Chief of Appeals and Training, Eastern District of California Daniel Forman Assistant United States Attorney Frank Executive Assistant United States Attorney, Eastern District of New York Susan French Senior Special Counsel for Human Trafficking, Special Assistant United States Attorney, Western District of Virginia; Criminal Section, Civil Rights Division Charles Fried Solicitor General of the United States Alan Friedman Special Attorney David Fritchey Chief, Organized Crime Strike Force Henry Frohsin First Assistant United States Attorney, N.D. Ala. William Logan Fry Trial Attorney, Civil and Criminal, Antitrust Division Jonny 39 Roger Frydrychowski Assistant United States Attorney Mary Fulginiti Assistant United States Attorney Ronald L. Futterman Trial Attorney, Antitrust Division Harriett Galvin Assistant United States Attorney Thomas Gannon Trial Attorney, Criminal Appellate Section Marc Garber Assistant United States Attorney Paul Garcia Assistant United States Attorney, N.D. Ill. Cecilia Gardner Assistant United States Attorney William Gardner Chief, Criminal Section, Civil Rights Division Michael Garofola Assistant United States Attorney James Garrett Senior Litigation Counsel Allan Garten Assistant United States Attorney, Chief, Fraud Unit; Senior Litigation Counsel Robert Gary Acting Chief, Cleveland Organized Crime Strike Force Stuart Gasner Assistant United States Attorney Steven Gerber Assistant United States Attorney, District of New Jersey Elizabeth Gere Assistant United States Attorney, S.D. Ohio Alan Gershel Deputy Assistant Attorney General Stuart Gerson Acting Attorney General of the United States; Assistant Attorney General; Assistant United States Attorney, District of Columbia Martha Gifford Trial Attorney, Antitrust Division Deborah Gilg Former United States Attorney for Nebraska Peter Ginsberg Assistant United States Attorney John Giraudo Attorney Advisor, Office of Legal Counsel Precious Gittens Assistant United States Attorney James Glasser Chief, Criminal Division, District of Connecticut Anthony Glassman Assistant United States Attorney Eileen Gleason Executive Assistant United States Attorney, Eastern District of Louisiana Paul Glickman Trial Attorney, Criminal Division, New England Bank Fraud Task Force 40 Richard Glovsky Chief, Civil Division, D. Mass. Robert Godbey Assistant United States Attorney, District of Columbia, Hawaii Aron Golberg Trial Attorney Sarah Gold Assistant United States Attorney, SDNY Michael Gold Assistant United States Attorney Joshua Goldberg Assistant United States Attorney Ronald Goldfarb Organized Crime Prosecutor Daniel Goldman Senior Trial Counsel, SDNY Yonkel Goldstein Assistant United States Attorney Janet Goldstein Assistant United States Attorney Alan Goldston Assistant United States Attorney, SDNY James Goldston Assistant United States Attorney, SDNY Katherine Goldwasser Assistant United States Attorney, N.D. Ill. Edward Gonzales Criminal Section Chief, Middle District of Louisiana Robert Goodman Deputy Chief, Criminal Division, D.N.J. Catharine Goodwin Assistant United States Attorney Richard Gordin Assistant United States Attorney, District of Columbia Gregory Gordon Senior Trial Attorney, Criminal Division George I. Gordon Chief Appellate Attorney, SDNY Elaine Gordon Trial Attorney, Criminal Section, Civil Rights Division Glenda Gordon Assistant United States Attorney, Criminal Division, D. Md., W.D. Mich. Jerry Goren Assistant United States Attorney Mary Grad Assistant United States Attorney Andrew Gradman Special Assistant United States Attorney Steve Grafman Assistant United States Attorney for the District of Columbia Lorna Graham Assistant United States Attorney Raymond Granger Assistant United States Attorney 41 Peter Gray Trial Attorney Christine Gray Assistant United States Attorney, Southern District of New York Laurie Kloster Gray Assistant United States Attorney John Graybeal Trial Lawyer Thomas Greaney Assistant Chief, Antitrust Division Lisa A. Green Assistant United States Attorney David Green Principal Deputy Chief, Computer Crimes and Intellectual Property Section Stephen M. Greenberg Executive Assistant United States Attorney Mara Greenberg Assistant United States Attorney, District of Maryland Paul Greenberger Trial Attorney, Cleveland Organized Crime Strike Force Michael Greenberger Principal Deputy Associate Attorney General Richard Gregorie Senior Litigation Counsel, S.D. Fla. Lisa Griffin Assistant United States Attorney, D. Md. Barry Grissom United States Attorney, District of Kansas Julie Grohovsky Assistant United States Attorney, D.D.C. James Gross Trial Attorney, Antitrust Division Andrew Grosso Assistant United States Attorney, M.D. Fla., D. Mass. Robert Grueneberg Assistant United States Attorney, Northern District of Illinois Joseph Guerrieri Assistant United States Attorney, District of Columbia Samidh Guha Assistant United States Attorney, SDNY Patricia C. Gunn Senior Trial Attorney, Office of International Affairs, Criminal Division Vanita Gupta Acting Assistant Attorney General, Civil Rights Division William Gurin Deputy Chief, General Crimes Jimmy Gurule Assistant United States Attorney Robert Guthrie First Assistant United States Attorney, D. Colo., E.D. Okla. Anna Gwinn Assistant United States Attorney David Haas Assistant United States Attorney 42 David Hackney Assistant United States Attorney, E.D. Va. Linda Hagerty Trial Attorney, Civil Rights Division, Criminal Section Roger Haines Assistant United States Attorney, S.D. Cal. Jason P.W. Halperin Assistant United States Attorney, S.D.N.Y. Mervyn Hamburg Deputy Chief Robert Hammel Assistant United States Attorney, SDNY Kenneth Handal Assistant United States Attorney, SDNY Jeffrey Hansen Assistant United States Attorney Mary Harkenrider Counsel to the Assistant Attorney General, Criminal Division Bernice Harleston Assistant United States Attorney Holly K. Harris Assistant United States Attorney, D. Vt., M.D. Pa. Marc Harris Assistant United States Attorney Jeffrey Harris Deputy Associate Attorney General; Assistant United States Attorney, SDNY Adam Harris Trial Attorney, Civil Rights Division, Criminal Section Sherri Evans Harris Executive Assistant United States Attorney Reese Harrison Assistant United States Attorney, Criminal Section Chief, W.D. Tex. Bradley Harsch Assistant United States Attorney Ann Harwood First Assistant United States Attorney, District of Arizona George Hastings Assistant Chief, Tax Division Robert Haviland Assistant United States Attorney-in-Charge Judith Hawley Assistant United States Attorney, Western District of Wisconsin Suzanne Hayden Special Assistant to the Deputy Assistant Attorney General Anne Hayes Chief, Appellate Division, Eastern District of North Carolina Annette Hayes United States Attorney Annette Hayes United States Attorney, Western District of Washington Mark Heaney Assistant Chief, Criminal Division, United States Attorney's Office, Central District of California 43 Timothy Heaphy United States Attorney, Western District of Virginia Lynn Helland Supervisory Assistant United States Attorney Ted Helwig Assistant United States Attorney, Deputy Chief, N.D. Ill. C. Mitchell Hendy Assistant United States Attorney Canella Henrichs Assistant United States Attorney Lenese Herbert Assistant United States Attorney Robert Herbst Deputy Chief, Special Prosecutions Division, E.D. Pa. Frederick Herold Assistant United States Attorney, E.D. Pa. Mark Hersh Assistant United States Attorney, N.D. Ill. Loren Hershey Trial Attorney, Antitrust Division; Special Assistant United States Attorney, E.D. Va. Debra Herzog Supervisory Assistant United States Attorney Judith Hetherton Deputy Chief, Appellate Division, United States Attorney's Office for D.D.C. Bruce Heurlin Trial Attorney, Criminal Division; Assistant United States Attorney William Hibsher Assistant United States Attorney, SDNY Philip Hilder Organized Strike Force Trial Counsel; Assistant United States Attorney, S.D. Tex. Julieanne Himelstein Assistant United States Attorney David Hinden Assistant United States Attorney, Chief of Criminal Appeals, C.D. Cal. Robert Hines Trial Attorney Robert Hobbs Deputy Criminal Chief, Eastern District of Texas Hoberman Assistant United States Attorney for the District of Columbia Jean M Hobler Assistant United States Attorney; National Security Coordinator Jerome Hochberg Senior Trial Attorney Joshua Hochberg Chief, Fraud Section, Criminal Division Hank Hockeimer Assistant United States Attorney Sydney Hoffmann Assistant United States Attorney, D.D.C. Gerard Hogan Special Litigation Counsel Henry S. 44 Douglas Hollmann Trial Attorney Patricia Brown Holmes Assistant United States Attorney Elie Honig Assistant United States Attorney, SDNY Ralph Hopkins Managing Assistant United States Attorney Stephen Horn Civil Chief, S.D.W. Va. Bonna Horovitz Assistant United States Attorney Gerald Houlihan Senior Litigation Counsel; Chief Assistant United States Attorney, S.D. Fla. Robert Houlihan Assistant United States Attorney Jonathan Howden Assistant United States Attorney Teresa Howie Deputy Chief, Superior Court Division Andrew Huang Assistant United States Attorney, Trial Attorney Richard Huffman Assistant United States Attorney, Eastern District of New York Carmina Hughes Chief, General Crime, Assistant United States Attorney, District of Maryland John Hughes Assistant United States Attorney Christopher Hunter Senior Trial Attorney, Criminal Division, Fraud Section Peter Huston Assistant Chief, Antitrust Division William Ibershof Chief, Criminal Division, E.D. Mich. David C. Iglesias United States Attorney, District of New Mexico Terry Ihnat Senior Analyst Philip Inglima Senior Associate Independent Counsel Eugene Ingoglia Assistant United States Attorney Jeffrey Isaacs Assistant United States Attorney, Deputy Chief, Major Frauds Section Stuart Ishimaru Deputy Assistant Attorney General Marianne Jackson Assistant United States Attorney, N.D. Ill. Lowell Jacobs Trial Attorney Joanna Jacobs Assistant United States Attorney Jacobson Senior Litigation Cousel; Assistant United States Attorney, SDNY Elliott 45 Charles Jaffee Trial Attorney, Criminal Division Sonia Jaipaul Executive Assistant United States Attorney, E.D. Pa. Michael James Trial Attorney, Criminal Section, Civil Rights Division Norman James Assistant United States Attorney, Criminal Division, Central District of California Ilene Jaroslaw Chief, General Crimes, E.D.N.Y. Peter Jarosz Criminal Chief, United States Attorney's Office, D. Ariz. H. Marshall Jarrett Director, Executive Office for United States Attorneys, Counsel for Professional Responsibility June Jeffries Assistant United States Attorney for the District of Columbia Janice Jenkins Assistant United States Attorney Doug Johns Trial Lawyer Jeffrey Johnson Special Attorney, Criminal Division Douglas Johnson Trial Attorney, Antitrust Division Mel Johnson Assistant United States Attorney; Senior Litigation Counsel Michael Anne Johnson Assistant United States Attorney, N.D. Ohio Sheila Jones Assistant Chief, Land & Natural Resources Division Stephen Jory United States Attorney, N.D.W. Va. John Joseph Assistant United States Attorney, E.D. Pa. Mark Josephs Assistant Director Bertha Josephson Assistant United States Attorney Kenneth Jost Deputy Director, Consumer Protection Branch, Civil Division Bruce C. Judge Assistant United States Attorney Peter Kadzik Assistant Attorney General Lauren Kahn Trial Attorny, Criminal Division James Kainen Assistant United States Attorney, SDNY Kalmansohn Assistant United States Attorney (Criminal Division); Assistant Division Chief for Trial Training Mark 46 Barbara Kammerman Acting Director, Professional Responsibility Advisory Office; Trial Attorney, Criminal Section of the Civil Rights Division Eugene Neal Kaplan Senior Litigation Counsel, Deputy Chief, Criminal Division, SDNY Kenneth Kaplan Chief, Official Corruption Unit, EDNY Barry Kaplan Trial Attorney Donald Kaplan Special Litigation Counsel, Antitrust Division Richard Kaplan Assistant United States Attorney, D.D.C. Michael Karam Senior Trial Attorney, Tax Division (Criminal) David Karpel Trial Attorney, Organized Crime and Gang Section, Criminal Division Peter Katz Assistant United States Attorney David L. Katz Assistant United States Attorney; Trial Attorney, Criminal Division Robert Katzberg Assistant United States Attorney Alan Kaufman Chief, Criminal Division, SDNY Jan Kearney Assistant United States Attorney William Keefer Assistant United States Attorney; Trial Attorney Sharon Kegerreis Assistant United States Attorney Dale P. Kelberman Assistant United States Attorney, D. Md. Gerald Kell Senior Trial Counsel Leon Kellner United States Attorney for the Southern District of Florida Paul Kelly Assistant United States Attorney John J. Kelly United States Attorney, District of New Mexico Jeanne Kempthorne Assistant United States Attorney Richard Kendall Assistant United States Attorney Bingham Kennedy Trial Attorney; Special Assistant United States Attorney Patricia Kenney Assistant United States Attorney Robert Kent Chief, Complex Fraud Section, N.D. Ill. Jeffrey Kent Assistant United States Attorney, N.D. Ill., D. Or. 47 John Kern Assistant United States Attorney for the District of Columbia Lisa Kern Griffin Assistant United States Attorney Tamara Kessler Chief, Criminal Section, Civil Rights Division David Kettel Assistant United States Attorney Joseph Khan Assistant United States Attorney Steve Kilgriff Trial Attorney Maureen Killion Director, Office of Enforcement Operations, Criminal Division Robert Kimball Assistant United States Attorney, D.N.M. Sharon Kimball White Collar Crimes Chief, United States Attorney’s Office Susan King Federal Prosecutor Donald Kinsella Criminal Chief, NDNY David Kirby United States Attorney for the District of Vermont Seth Kirschenbaum Trial Attorney, Antitrust; Assistant United States Attorney Barbara Kittay Senior Litigation Counsel, D.D.C. Bonnie Klapper Assistant United States Attorney Donald Klawiter Section Chief, Antitrust Division Matthew Klecka Trial Attorney Andrew Kline Special Litigation Counsel Thomas Knight Assistant United States Attorney, Northern District of Illinois LeDora Knight Assistant United States Attorney Guy Knoller Trial Attorney George A. Kokus Deputy Chief, Criminal Division, United States Attorney's Office, S.D. Fla. John Kolar Senior Trial Counsel Mark Kolman Chief, Criminal Division, United States Attorney's Office for the District of Maryland Laurie Korenbaum Chief, Violent and Organized Crime Unit Cynthia Kouril Special Assistant United States Attorney, SDNY Steven Kowal Trial Attorney, Antitrust Division 48 Melvin Kracov Executive Assistant, District of New Jersey James Kramon Assistant United States Attorney Larry Krantz Assistant United States Attorney, EDNY Sheldon Krantz Trial Attorney Deborah Kravitz Trial Attorney, Criminal Tax Karen Kucik Attorney-Advisor, Office of the General Counsel, Justice Management Division Adam Kurland Assistant United States Attorney, E.D. Cal. Stephen Kurzman Assistant United States Attorney, SDNY Robert Kurzweil Assistant-in-Charge, Camden, D.N.J. Kwoka Special Prosecutor, Organized Crime Strike Force, Chicago Office Nicole LaBarbera Deputy Chief, Criminal Division, United States Attorney’s Office for the Southern District of New York Andrew Lachow Assistant United States Attorney, SDNY James Lackner Appellate Chief Philip Allen Lacovara Deputy Solicitor General; Counsel to the Watergate Special Prosecutor Henry LaHaie Assistant Director, Office of Consumer Litigation Deborah Landis Senior Trial Counsel, SDNY Allan Lapidus Assistant United States Attorney, Northern District of Illinois Mark Larsen Assistant United States Attorney Jeffrey Lawrence Assistant United States Attorney, N.D. Cal. Alexandra Leake Assistant United States Attorney Mary Lou Leary Deputy Associate Attorney General Jessica Lefort Trial Attorney Brian Legghio Assistant United States Attorney, E.D. Mich. Myron Lehtman Senior Trial Attorney, Civil Rights Division Michael Leibson Senior Litigation Counsel, Eastern District of Michigan Julia Leighton Trial Attorney David Leiwant Assistant United States Attorney, S.D. Fla. Alexandra 49 Charles Lembcke Assistant United States Attorney Patricia Lemley Garner Assistant United States Attorney; Chief Trial Attorney Richard Leng Assistant United States Attorney, N.D. Ill. John Leonardo United States Attorney Allison Harnisch Leotta Assistant United States Attorney Gary Leuis Special Assistant United States Attorney Harriet Leva Assistant United States Attorney Richard Levan Former Assistant United States Attorney Andrew Leven Senior Trial Counsel Laurie Levenson Assistant United States Attorney, Assistant Division Chief Marc Levey Senior Trial Attorney, Tax Division: Special Attorney to the Attorney General Marc Levey Senior Trial Attorney, Tax Division; Special Attorney to the Attorney Grneral S. Michael Levin Attorney-in-Charge, Southeast Organized Crime Strike Force Richard Levin Assistant United States Attorney, D. Del. Steven Levin Assistant United States Attorney Duncan Levin Assistant United States Attorney Ethan Levin-Epstein First Assistant United States Attorney, District of Connecticut Jane Levine Assistant United States Attorney Ronald Levine Chief, Criminal Division, E.D. Pa. Annmarie Levins Chief, Special Investigations, S.D.N.Y.; Deputy Appellate Chief, S.D.N.Y.; Chief, Financial Crimes, W.D. Wash. Pete Levitas Trial Attorney Michael Levy Interim United States Attorney, E.D. Pa. Neil Levy Assistant United States Attorney Paul Lewis Trial Attorney, Organized Crime and Racketeering Section, Criminal Division Sam Liccardo Assistant United States Attorney Victoria Liccione Assistant United States Attorney 50 Anita Lichtblau Senior Trial Attorney Douglas Liebhafsky Assistant Chief Appellate Attorney (Criminal), SDNY Lori Lightfoot Assistant United States Attorney Gary Lincenberg Assistant Division Chief Lawrence Lincoln Supervisory Assistant United States Attorney Frank Lindh Law Clerk to the Solicitor General Ellyn Lindsay Assistant United States Attorney Daniel Linhardt Chief, White Collar Crime, E.D. Cal. Robin Linsenmayer Assistant United States Attorney, Southern District of New York Michael Lipman Assistant United States Attorney, Southern District of California Robert Lipman Assistant United States Attorney J. Robert Liset Special Attorney, Organized Crime and Racketeering Section Edward Little Deputy Chief, Criminal Division, United States Attorney’s Office, SDNY Martin Littlefield First Assistant U.S. Attorney, WDNY; Special Litigation Counsel Sanford (Sandy) Litvack Assistant Attorney General Jeffrey Livingston Assistant United States Attorney Rebecca Lloyd Special Assistant United States Attorney, E.D. Va. Douglas Lobel Trial Attorney, Fraud Section, Criminal Division Karen Loeffler United States Attorney, District of Alaska Michael LoGalbo Assistant United States Attorney Debra Long-Doyle Executive Assistant United States Attorney for Community Relations, D.D.C. Sara Lord Assistant United States Attorney Jim Lord Assistant United States Attorney, W.D. Wash. Nick Lotito Trial Attorney, Antitrust Division Walter Loughlin Chief Appellate Attorney, SDNY J. Kenneth Lowrie Deputy Chief, Organized Crime & Racketeering 51 Mary Luxa Assistant United States Attorney James Lyons Assistant United States Attorney for the District of Columbia Frank Maas Assistant United States Attorney, SDNY Brian Maas Deputy Chief, Criminal Division, Eastern District of New York Catherine Mack Assistant United States Attorney, District of Columbia David Mackey First Assistant United States Attorney Mike Magner Former Supervisory Assistant United States Attorney Chris Mancini Deputy Chief, Major Crimes David Mandel Assistant United States Attorney, S.D. Fla. Thomas Manning Assistant United States Attorney, Eastern District of North Carolina Aaron Marcu Associate United States Attorney for the Southern District of New York Eric Marcy Senior Litigation Counsel, Assistant United States Attorney, D.D.C. Robert Marder Assistant United States Attorney, N.D. Cal. Vincent Marella Assistant United States Attorney, Central District of California; Assistant Chief, Criminal Division Theodore Margolis Chief Assistant United States Attorney Sheila Markin Assistant United States Attorney Michael Marrs Chief, Narcotics Prosecution Unit, N.D. Ill. Bruce Marshack Assistant United States Attorney, District of Columbia, District of the U.S. Virgin Islands S. Amanda Marshall United States Attorney for the District of Oregon Shauna Marshall Trial Attorney, Antitrust Division John Marti First Assistant United States Attorney; Acting United States Attorney Robert Martin Special Assistant United States Attorney John Martin Assistant United States Attorney Ralph Drury Martin Senior Trial Attorney, Public Integrity Section, Criminal Division 52 Stephen Martin Assistant United States Attorney Erica Martin Assistant United States Attorney, Public Corruption and Government Fraud Section, C.D. Cal.; Special Assistant United States Attorney, Environmental Crimes Section Gerard Martin Assistant United States Attorney Robert Martinez Assistant United States Attorney, E.D. Mich. Alan Marx Special Litigation Counsel to the Assistant Attorney General, Antitrust Division Anthony Masciopinto Assistant United States Attorney, N.D. Ill. Peter Mason Trial Attorney Bill Mathesius Assistant United States Attorney John Mathews II Assistant United States Attorney Howard Matz Chief, Fraud and Special Prosecutions Unit, C.D. Cal. Jeremy Matz Assistant United States Attorney David Maurer Assistant United States Attorney, E.D. Mich. Gary Maveal Assistant United States Attorney , E.D. Mich. James Maxeiner Trial Attorney, Antitrust Divsision Daniel May Assistant United States Attorney, N.D. Ill. Cameron McBride Senior Assistant United States Attorney McBrien Special Attorney, Organized Crime & Racketeering Section; Secretary to the Attorney General's National Council on Organized Crime Harry McCarthy Assistant United States Attorney, Criminal Division Chief, W.D. Wash. G. Daniel McCarthy Assistant United States Attorney Sharon McCarthy Deputy Chief, Criminal Division, SDNY Stephen McConnell Former Assistant United States Attorney, C.D. Cal. Daniel McCuaig Trial Attorney James McDonald Assistant United States Attorney John McDonald Deputy Director, Office of Indian Rights, Civil Rights Division Scott McGee Assistant United States Attorney John Robert 53 James McGinnis Assistant United States Attorney Glen McGorty Assistant United States Attorney, Senior Trial Counsel, Southern District of New York Hope P. McGowan Trial Attorney, Criminal Division, Narcotic and Dangerous Drug Section Patrick McInerney Assistant United States Attorney John McKay United States Attorney Sarah McKee Former General Counsel, Interpol, U.S. National Central Bureau Christine McKenna Assistant United States Attorney Patrick McLaughlin Assistant United States Attorney Nancy McMillen Trial Attorney Kevin McMunigal Assistant United States Attorney Ron McNeil Senior Litigation Counsel, Narcotic and Dangerous Drug Section, Criminal Division Carolyn McNiven Deputy Chief, Special Prosecutions, N.D. Ill. Barbara McQuade United States Attorney, E.D. Mich. Thomas K. McQueen Deputy Chief, Criminal Litigation, N.D. Ill. Joseph McSorley Chief Assistant United States Attorney, S.D. Fla. Stephen Meagher Assistant United States Attorney Gordon Mehler Deputy Assistant Attorney General Kathleen Mehltretter First Assistant U.S. Attorney, Western District of New York A. Douglas Melamed Acting Assistant Attorney General, Antitrust James Melendres Assistant United States Attorney; Counsel to the Assistant Attorney General Patricia Mellon Trial Attorney Mark Mendelsohn Deputy Chief, Fraud Section, Criminal Division Gabriel Mendlow Special Assistant United States Attorney, E.D. Mich. Pamela Merchant Senior Trial Attorney Theodore Merritt Senior Litigation Counsel; Assistant United States Attorney, D. Mass. Richard Mescon Assistant United States Attorney, SDNY 54 Mildred E. Methvin Assistant United States Attorney, W.D. La. John Meyer Assistant United States Attorney Rosemary Casey Meyers Supervisory Assistant United States Attorney Meyerson Assistant United States Attorney for the Western District of Washington; Senior Trial Attorney, Public Integrity Section Tommy Miller Assistant United States Attorney, Criminal Division Deputy Chief, E.D. Va. Celeste Miller Assistant United States Attorney Barry Miller Assistant United States Attorney, Political Corruption, N.D. Ill.; Trial Attorney, Civil Rights Division Tamara Miller Deputy Chief, Civil Rights Division, Criminal Section Edward Miller Senior Trial Attorney Michael Millikin Assistant United States Attorney David Mills Assistant United States Attorney Cynthia Millsaps Assistant United States Attorney Jeff Modisett Deputy Chief, Public Corruption & Government Frauds, United States Attorney's Office, C.D. Cal. Patrick Molloy United States Attorney, Eastern District Kentucky Thomas Monaghan United States Attorney, District of Nebraska Lloyd Monroe Special Attorney, Organized Crime & Racketeering Section, Criminal Division James S. Montana, Jr. Assistant United States Attorney, Criminal Division, Supervisor, Criminal Receiving and Appellate Division, N.D. Ill. David Montgomery Assistant United States Attorney Craig Moore United States Attorney D.R.I. J. Christopher Moore Assistant United States Attorney Julian Moore Assistant United States Attorney, Southern District of New York Glenn Moramarco Assistant United States Attorney Blondell Morey First Assistant Stacey Moritz Brodsky Chief Appellate Attorney, Criminal Division, SDNY Jack 55 James Moroney Former Chief, National Security Unit, N.D. Ohio Peter Morris Assistant United States Attorney, Central District of California Jane Moscowitz Senior Litigation Counsel, S.D. Fla. Norman Moscowitz Senior Litigation Counsel, Southern District of Florida Avraham Moskowitz Assistant United States Attorney, SDNY Albert Moskowitz Chief, Criminal Section, Civil Rights Division Jonathan Mothner Former Assistant United States Attorney, EDNY H. Allen Moye Assistant United States Attorney David Muchow Trial Attorney; Chief, Special Activities Unit, Criminal Division Dennis Mulshine Special Assistant United States Attorney Charles Murdter Trial Attorney, Fraud Section, Criminal Division Albert Murray, Jr Special Litigation Counsel, Assistant United States Attorney, Middle District of Pennsylvania Jay Musoff Assistant United States Attorney, SDNY Eric Nagle Trial Attorney, Environmental Crimes Section Janet Nahirny Prosecuting Attorney Florence Nakakuni United States Attorney, D. Haw. Gordon Nash Chief of Special Prosecutions, N.D. Ill. Michael Nash Assistant United States Attorney Allen Nason Special Assistant United States Attorney Irvin Nathan Principal Associate Deputy Attorney General Marvin Nathan Trial Attorney, Civil Rights Division Tara Neda Assistant United States Attorney, D.N.M. Lynn Neils Chief, Complex Fraud/Major Crimes Unit, United States Attorney's Office, SDNY Bill Nettles United States Attorney, D.S.C. Ariel Neuman Former Assistant United States Attorney, C.D. Cal. G. Keith Newbold Special Assistant United States Attorney Jerry Newton Assistant United States Attorney, C.D. Cal. 56 George Niespolo Assistant United States Attorney, Northern District of California Robert Nolan Assistant United States Attorney, Middle District of Pennsylvania Judith Hale Norris Assistant United States Attorney, District of Massachusetts Karen Norris Assistant United States Attorney SuzAnne Nyland Assistant United States Attorney, District of Columbia Michol O'Connor Assistant United States Attorney Buck O'Leary Assistant United States Attorney, E.D. Mich. Julie O'Sullivan Assistant United States Attorney Denise O’Donnell United States Attorney, Western District of New York Michael O’Leary Assistant United States Attorney Kevin F. O’Malley Assistant United States Attorney James L. Oakar Assistant United States Attorney, N.D. Ohio John Oakley Senior Trial Attorney Cynthia Oberg Chief, White Collar Crimes Unit, E.D. Mich. Charles Oberly United States Attorney, District of Delaware Robert Ogren Chief, Fraud Section, Criminal Division Victor Olds Assistant United States Attorney Judith Olingy Trial Attorney, Criminal Division Matthew Olsen Associate Deputy Attorney General Kris Olson United States Attorney for the District of Oregon Wendy Olson United States Attorney, District of Idaho Ira Oring Assistant United States Attorney Rodolfo Orjales Senior Trial Attorney Meredith Osborn Assistant United States Attorney Carolyn Osolinik Trial Attorney Lauren Ouziel Assistant United States Attorney, S.D.N.Y., E.D. Pa. Richard Owens Associate Director, Office Of International Affairs, Criminal Division Paula Page Assistant United States Attorney, D.D.C. 57 Richard Papper Former Assistant United States Attorney, SDNY Susan Park Trial Attorney, Public Integrity Section, Criminal Division Marietta Parker Interim United States Attorney, W.D. Mo. & D. Kan. E. Fitzgerald Parnell Assistant United States Attorney, Western District of North Carolina Mark Parrent Assistant United States Attorney Timothy Pastore Special Assistant United States Attorney Krishna Patel Deputy Chief, National Security & Major Crimes, D. Conn. Donna Patterson Deputy Assistant Attorney General, Antitrust Division Larry Patton United States Attorney. W.D. Okla. Theresa Pauling Deputy Chief Counsel Joseph Payne Senior Trial Attorney David Payne Assistant United States Attorney Howard Pearl Supervisor, Criminal Division, N.D. Ill. William Pease Assistant United States Attorney, N.D.N.Y. Stuart Peim Chief, Criminal Division, District of New Jersey Paul Pelletier Principal Deputy Chief, Fraud Section, Criminal DIvision Robert Pennoyer Assistant United States Attorney Charles Pereyra-Suarez Assistant United States Attorney; Supervisor, Criminal Civil Rights Hector Perez Assistant United States Attorney Monique Perez Roth Director, Office of Enforcement Operations Danya Perry Deputy Chief, Criminal Division, S.D.N.Y. Robert Perry Assistant United States Attorney Joel Perwin Assistant United States Attorney Stephen Peters Assistant United States Attorney Elliot Peters Assistant United States Attorney Kristan Peters-Hamlin Assistant United States Attorney, D.D.C. Glen Petersen Assistant United States Attorney Nicholas Phillips Former Assistant United States Attorney 58 Louis Pichini Chief, Criminal Division, E.D. Pa. Stephen Pickard Assistant United States Attorney Harold James Pickerstein Chief Assistant United States Attorney Richard Wilcox Pierce Assistant United States Attorney, W.D. Va., D.N.M. Sunny Pietrafesa Senior Trial Attorney Brad Pigott United States Attorney Anna Pletcher Assistant Chief, Antitrust Division Robert Plotz Assistant United States Attorney, Southern District of New York James Ponsoldt Senior Trial Attorney Richard Poole Senior Litigation Counsel, Criminal Division Amy Pope Deputy Chief of Staff, Criminal Division; Trial Attorney Allison Porter Trial Attorney Herbert Posner Special Attorney, Organized Crime and Racketeering Section, Criminal Division Mary Pougiales Assistant United States Attorney Theodore Poulos Assistant United States Attorney, Northern District of Illinois Robert Power Trial Attorney Ann Powers Assistant United States Attorney, District of Columbia; Senior Trial Lawyer, Lands & Natural Resources Division Stephen Preisser Assistant United States Attorney George Proctor United States Attorney, E.D. Ark. Mark Prosperi Chief, Gang and Narcitics Section Daniel Purdom Assistant United States Attorney, N.D. Ill. Henry Putzel III Assistant United States Attorney Susan Raab Assistant United States Attorney, Middle District of Florida Daniel L. Rabinowitz Assistant United States Attorney, D.N.J. Jill Radek Trial Attorney Jodi Rafkin Assistant United States Attorney 59 Stephen Ramsey Chief, Environmental Enforcement Section, Land and Natural Resources Division Ripley Rand United States Attorney, Middle District of North Carolina (Presidentially-appointed) Crandon Randell Special Legal Counsel Mark Rasch Trial Attorney, Fraud Section, Criminal Division B. Michael Rauh Assistant United States Attorney, District of Columbia Ann Ravel Deputy Assistant Attorney General Scott Ray Deputy Chief, Major Crimes Robert Reed Executive Assistant United States Attorney, E.D. Pa. Samuel Reich First Assistant United Stats Attorney, W.D. Pa. Kimberly Reiley Clement Assistant United States Attorney Daniel Reinberg Assistant United States Attorney Lorin Reisner Chief, Criminal Division, SDNY Paul Renne Assistant United States Attorney for the District of Columbia Bruce Repetto Senior Litigation Counsel David Resnicoff Assistant United States Attorney, E.D. Pa. James Reynolds Chief, Terrorism & Violent Crime Section, Criminal Division Gordon Rhea Executive Assistant United States Attorney, District of Columbia Steven Rhodes Assistant United States Attorney S. Paul Richards Assistant United States Attorney William Richards Assistant United States Attorney Betty Richardson United States Attorney, District of Idaho Douglas Richardson Assistant United States Attorney Sally Richardson Assistant United States Attorney, S.D. Fla. Stephen Riddell Assistant United States Attorney, District of Columbia Mary Rigdon Assistant United States Attorney Patricia Riley Special Counsel to the United States Attorney for D.D.C. Susan Ringler Assistant United States Attorney, District of Maryland 60 Roland Riopelle Assistant United States Attorney, SDNY Roland Riopelle Assistant United States Attorney, SDNY Jose de Jesus Rivera United States Attorney, District of Arizona Lewis Rivlin Senior Trial Counsel, Antitrust Division Joshua Robbins Assistant United States Attorney Matthew D. Roberts Assistant to the Solicitor General Darwin Roberts Assistant United States Attorney John Robinson Assistant United States Attorney, Senior Litigation Counsel, S.D. Cal. Stephen Robinson Assistant United States Attorney, E.D. Mich. Robinson Assistant United States Attorney, Northern District of Texas Mimi Rocah Chief, White Plains Division, Southern District of New York Victor J. Rocco Chief, Criminal Division, United States Attorney's Office, EDNY Thomas Roche Associate United States Attorney Jennifer Rodgers Assistant United States Attorney Jacabed Rodriguez-Coss Deputy Chief, National Security and Major Crimes Unit Susan Roe Assistant United States Attorney Martha Rogers Assistant United States Attorney, District of Columbia Eloise Rosas Immigration and Naturalization Service District Counsel Jonathan Rose Assistant Attorney General, Office of Legal Policy Alan Rose Assistant United States Attorney, District of Massachusetts Robert Rose Assistant United States Attorney, Chief, Criminal Division, S.D. Cal. Robert Rose Special Assistant United States Attorney Richard Rosen Chief, Communications & Finance Section, Antitrust Division Marc Rosenbaum Assistant United States Attorney, S.D.N.Y. Joel Rosenthal Chief of Frauds and Public Corruption; Senior Litigation Counsel, S.D. Fla. Samuel Rosenthal Chief, Appellate Section, Criminal Division Stewart 61 Paul Rosenzweig Trial Attorney, Environmental Crimes Section; Senior Counsel, Whitewater Investigation Adam Rosman Assistant United States Attorney Alan Ross Assistant United States Attorney, Chief, Civil Division, N.D. Ohio Gene Rossi Supervisory Assistant United States Attorney, E.D. Va. Gregory Roth Assistant United States Attorney Frank Rothermel Civil Fraud Prosecutor Ann Rowland Deputy Chief, Criminal Division, Northern District of Ohio Roy Assistant District Counsel, Immigration and Naturalization Service Constance Royster Assistant United States Attorney, Southern District of New York David Rubens Trial Attorney, Antitrust Division Alan Rubin Assistant United States Attorney Stuart Rudnick Special Attorney, Organized Crime & Racketeering Section, Criminal Division Charlton Rugg Assistant United States Attorney Dan Rupli Trial Attorney Jonathan Rusch Deputy Chief, Fraud Section, Criminal Division Ronald G. Russo Chief, Official Corruption and Special Prosecution Section, EDNY Allan A. Ryan Director, Office of Special investigations, Criminal Division Charles S. Sabalos Assistant United States Attorney Ronald Safer Criminal Chief, N.D. Ill. Joan Safford Deputy United States Attorney, N.D. Ill. Sarah Saldana United States Attorney, Northern District of Texas Barbara Sale Chief, Criminal Division, District of Maryland Stephen Saltzburg Deputy Assistant Attorney General, Criminal Division Beverly Sameshima Assistant United States Attorney, District of Hawaii Luis Felipe Sánchez Assistant United States Attorney, N.D. Ill. Harry Sandick Assistant United States Attorney Susan 62 Leonard Sands Trial Attorney, Criminal Division, Organized Crime & Racketeering Section Dianne H. (Kelly) Sanford Assistant United States Attorney, District of Columbia Joseph F. Savage Chief of Public Corruption, United States Attorney's Office for the District of Massachusetts Ephraim Savitt Assistant United States Attorney, Eastern District of New York Surya Saxena Assistant United States Attorney, District of Minnesota Lester Scall Senior Attorney Greg Scandaglia Trial Attorney, Antitrust Division Richard Schechter Senior Litigation Counsel Shira Scheindlin Deputy Chief, Economic Crimes, Eastern District of New York Peter Schenck Criminal Chief, First Assistant Assistant United States Attorney, E.D. Pa. James Schermerhorn Supervisory Trial Attorney Lois Schiffer Assistant Attorney General, Environment and Natural Resources Division Katherine A. Schlech Trial Attorney Angela Schmidt Assistant United States Attorney, District of Columbia Paul Schmidt Deputy General Counsel, Immigration & Naturalization Service Leida Schoggen Assistant United States Attorney, N.D. Cal. Stephen Schroeder Senior Litigation Counsel Nancy Schuster Chief Criminal Division, Northern District of Ohio Douglas Schwartz Assistant United States Attorney, D.V.I., S.D. Cal. Tina Sciocchetti Assistant United States Attorney David Scott Senior Trial Attorney, Public Integrity Section, Criminal Division Kenneth Scott Chief, Complex Prosecutions, United States Attorney's Office, D. Colo. Richard Scruggs Senior Litigation Counsel, S.D. Fla. Malcolm Segal First Assistant United States Attorney 63 David Seide Assistant United States Attorney, C.D. Cal. James Seif Assistant United States Attorney, W.D. Pa. Thomas Seigel Chief, Organized Crime and Racketeering Section, Eastern District of New York Randy Seiler United States Attorney Steven Semeraro Special Assistant United States Attorney Robert Semmer Chief, Criminal Division, Northern District of Illinois Randal Sengel Assistant United States Attorney Linda Severin Deputy Chief, Appeals, SDNY William Shaheen United States Attorney for the District of New Hampshire Jonathan Shapiro Assistant United States Attorney; Trial Attorney Gary Shapiro Interim United States Attorney Kevin Sharkey First Assistant United States Attorney, D. Mass. Gary Shattuck Assistant United States Attorney; Prosecutor, Organized Crime Drug Enforcement Task Force; Foreign Legal Advisor, Office of Overseas Prosecutorial Development, Assistance and Training Steven Shaw Chief, Criminal Division, SD Tex.; Senior Trial Attorney, Public Integrity Section Henry (Hank) Shea Assistant United States Attorney Barton Sheela Assistant United States Attorney Judith Shepherd Trial Attorney, Appellate Section, Criminal Division; Assistant United States Attorney, N.D. Tex. Frank Sherman Assistant United States Attorney Vivian Shevitz Chief of Appeals, EDNY Shine Chief, Multinational Fraud Branch, Fraud Section, Criminal Division Karen Shinskie Assistant United States Attorney for the District of Columbia Madeleine Shirley Assistant United States Attorney William I. Shockley Assistant United States Attorney Ronald Shur Assistant United States Attorney Richard 64 Gerald Shur Senior Associate Director, Office of Enforcement Operations, Criminal Division Janna Sidley Assistant United States Attorney, Central District of California Richard Signorelli Assistant United States Attorney for the Southern District of New York Benjamin Silva Assistant United States Attorney Jessica Silver Principal Deputy, Appellate Section, Civil Rights Division Ronald Silver Senior Litigation Counsel, District of Oregon Ross Silverman Assistant United States Attorney Larry Silverman Chief, Criminal Divison, EDNY Steven Silverman Special Assistant United States Attorney J Ronald Sim United States Attorney, Western District of Washington Nancy Simpson Executive Assistant United States Attorney Robert Sims Assistant United States Attorney Deborah Sines Assistant United States Attorney, District of Columbia Bruce Singal Assistant United States Attorney William Sinnott Assistant United States Attorney Amy Sirignano Trial Attorney, Criminal Division, Gang Squad Jeffrey Sklaroff Assistant United States Attorney, Southern District of New York Barney Skolnik Chief, Public Corruption Unit, United States Attorney's Office, District of Maryland Melanie Sloan Assistant United States Attorney for the District of Columbia Paul Sloan Assistant United States Attorney Jeffrey Sloman United States Attorney, Southern District of Florida M. Neil Smith Senior Litigation Counsel Bruce Smith Assistant United States Attorney, Section Chief, EDNY Jane Simkin Smith Assistant United States Attorney, EDNY David Smith Senior Litigation Counsel, Lead Organized Crime Drug Enforcement Task Force Attorney, M.D.N.C. Margaret Smith Assistant United States Attorney 65 Drew Smith Assistant United States Attorney Mary Smith Assistant United States Attorney, W.D. Okla.; Senior Litigation Counsel John Snyder Counsel to the Assistant Attorney General, Antitrust Division Peter Sobol Assistant United States Attorney, Southern District of New York Betty-Ann Soiefer Izenman Assistant United States Attorney for the District of Columbia Carl Solberg Assistant United States Attorney, SDNY Steven Solow Chief, Environmental Crimes Section Neal R. Sonnett Assistant United States Attorney, Chief, Criminal Division, S.D. Fla. Juliet Sorensen Assistant U.S. Attorney Alejandro Soto Assistant United States Attorney, S.D. Fla. Mary Spearing Chief, Fraud Section, Criminal Division Dayle Spencer Assistant United States Attorney Kenneth Spillias Attorney, Criminal Division, Appellate Section Sal Spinosa Deputy Assistant Attorney General James Springer Senior Counsel for International Tax Matters Peter Sprung Assistant United States Attorney Charles Spurlock Assistant United States Attorney Brandon Spurlock Assistant United States Attorney Mark St. Angelo Supervisory Assistant United States Attorney Martha Stansell-Gamm Chief, Computer Crime and Intellectual Property Section, Criminal Division William H. Stapleton Assistant Chief, Fraud Section Judson Starr Chief, Environmental Crimes Section Peter Steenland Chief, Appellate Section, Environment and Natural Resources Division Elizabeth Stein Trial Attorney Robert Steinberg Senior Assistant United States Attorney Matthew Stennes Trial Attorney 66 Michael Sterling Former Assistant United States Attorney Donald Stern United States Attorney, District of Massachusetts Michael Stern Assistant United States Attorney, Criminal Division Donald Stever Section Chief, Environmental Defense Section Richard Stewart Assistant Attorney General, Environment and Natural Resources Marc Stickgold Assistant United States Attorney R. Stephen Stigall Attorney-in-Charge, Camden Branch Office, District of New Jersey Nina Stillman Mandel Assistant United States Attorney F. L. Peter Stone United States Attorney Pamela Stuart Assistant United States Attorney for the District of Columbia Shelley Stump Assistant United States Attorney James Sturdivant Assistant United States Attorney Herbert Sturman Assistant United States Attorney D.William Subin Assistant United States Attorney, D.D.C., D.N.J. Allan Sullivan Chief, Criminal Division, Southern District of Florida Richard Sullivan Trial Attorney, Criminal Division Mark Summers Chief, Narcotics Section, E.D.N.Y. Paul Summit Assistant United States Attorney, SDNY James Swain Executive Assistant United States Attorney John Sweeney Chief, Criminal Division, United States Attorney’s Office, N.D. Texas Keith Syfert Assistant United States Attorney-in-Charge, Western Division, N.D. Ill. Janice Symchych Assistant United States Attorney, District of Minnesota Renée Szybala Deputy Associate Attorney General Dennis Szybala Assistant United States Attorney Tabackman Assistant United States Attorney, D.D.C.; Associate Independent Counsel Steven 67 Shahira Tadross Trial Attorney, Litigation Counsel, Office of Immigration Litigation, Civil Division Robert Talbot-Stern Litigation and Legislative Attorney, Antitrust Division George Tallichet Assistant United States Attorney, Southern District of Texas Thomas Tamm Trial Attorney, Criminal Division; Assistant United States Attorney William Taylor Chief, Major Crimes Section, D. Colo. Laura Tayman Supervisory Assistant United States Attorney David Tennant Former Assistant United States Attorney, Major Crimes Unit, Central District of California Isabelle Thabault Deputy Chief Eugene Thirolf Director Office of Consumer Litigation Robert M. Thomas, Jr. Assistant United States Attorney, District of Maryland Pamela Thompson Assistant United States Attorney Lucy L. Thomson Senior Trial Attorney, Criminal Division Robert Thomson Deputy Director, Office of Special Investigations Mac Thornton Trial Attorney, Criminal Division, Fraud Section Jerry Threet Litigation Attorney Peter J. Tomao Assistant United States Attorney, Senior Investigations Counsel, Eastern District of New York Lawrence Tong Fraud Chief; Senior Litigation Counsel Jonathan Toof Assistant United States Attorney Daniel Toomey Assistant United States Attorney, District of Columbia Peter Toren Trial Attorney Mark Torres-Gil Special Attorney Ann Tracey Assistant United States Attorney Michael Tracy Assistant United States Attorney Michael Tremonte Assistant United States Attorney Bob Troyer United States Attorney, District of Colorado Paula Tuffin Assistant United States Attorney Serrin Turner Assistant United States Attorney, SDNY 68 Joseph Turner Assistant United States Attorney Bill Turner Special Assistant United States Attorney; Assistant United States Attorney, District of Nevada Scott Turow Deputy Division Chief, N.D. Ill. Michael Tuteur Assistant United States Attorney Jeffrey Udell Assistant United States Attorney, SDNY Bruce Udolf Chief, Public Intergrity Section, S.D. Fla.; Associate Independent Counsel, Whitewater Investigation David M. Uhlmann Chief, Environmental Crimes Section Matthew Umhofer Assistant United States Attorney Philip Urofsky Assistant Chief, Fraud Section Josh Van de Wetering Assistant United States Attorney Theresa Van Vliet Chief, Narcotic and Dangerous Drug Section, Criminal Division Alleen VanBebber Deputy United States Attorney Joyce Vance United States Attorney Johanna Vanderlee Special Assistant United States Attorney Anne VanGraafeiland Assistant United States Attorney, W.D.N.Y. Christopher Varner Assistant United States Attorney; Senior Trial Attorney John Vaudreuil United States Attorney (Presidentially-appointed) Franklin Velie Assistant Chief, Criminal Division, United States Attorney’s Office for the Southern District of New York Christine Ver Ploeg Trial Attorney Georgina Verdugo Assistant United States Attorney Benjamin Vernia Trial Attorney, Criminal Division Alan Vickery Former Chief, Business and Securities Fraud Section, Eastern District of New York Chad Vignola Assistant United States Attorney Alicia Villarreal Deputy Chief, Public Corruption & Government Fraud Section Federico Virella Executive Assistant United States Attorney, SDNY Bohdan Vitvitsky Assistant United States Attorney 69 Kathleen Voelker Assistant United States Attorney, Chief, Grand Jury Section, District of Columbia Mark Vogel Supervisory Assistant United States Attorney Thomson von Stein Associate Independent Counsel Michael H. Wainwright Assistant United States Attorney, W.D. La. Jeffrey Walker Special Assistant United States Attorney, Wyoming Rangeley Wallace Trial Attorney, Antitrust Division; Appellate Attorney, Criminal Division, Spencer Waller Trial Attorney, Chicago Organized Crime Strike Force Robert Waller Special Attorney, Organized Crime & Racketeering Section Stewart Walz Senior Litigation Counsel, District of Utah Weeun Wang Senior Trial Attorney, Antitrust Division Karen Ward Assistant United States Attorney Mary Lee Warren Deputy Assistant Attorney General, Criminal Division Andrew Warren Former Trial Attorney, Fraud Section Tom Warren Assistant United States Attorney, C.D. Cal. Deborah Watson Trial Attorney Robert Weaver Criminal Chief, District of Oregon Bob Webster Chief, Criminal Division, United States Attorney's Office, N.D. Tex. Karen Wehner Senior Trial Attorney Alan Weil Assistant United States Attorney, Criminal Division, Central District of California Stanley Weinberg Assistant United States Attorney Lloyd L. Weinreb Assistant United States Attorney, Criminal Division Les Weinstein Trial Attorney Les Weinstein Trial Attorney Charles Weintraub Special Attorney, Organized Crime & Racketeering Section Weisberg Assistant United States Attorney, Southern District of Florida Alan 70 Jack Weiss Assistant United States Attorney, Public Corruption and Government Frauds Section Andrea Likwornik Weiss Deputy Chief, Criminal Division, SDNY Mark Werder Assistant United States Attorney, E.D. Mich. Julie Werner-Simon Senior Litigation Counsel, Major Frauds Marianne Wesson Assistant United States Attorney James West United States Attorney, M.D. Pa. (court-appointed) Douglas Whalley Assistant United States Attorney, W.D. Wash. Sheldon Whitehouse United States Attorney Michael Whitlock Trial Attorney, Antitrust Division Richard Wiebusch United United States Attorney, District of New Hampshire Howard Wiener Assistant United States Attorney Stephen Wigginton United States Attorney for the Southern District of Illinois (Presidentially-appointed) Francis Wikstrom Assistant United States Attorney; Criminal Division Chief; United States Attorney, District of Utah (court-appointed) David Wilhelm Deputy Chief, Civil Division Edwin Williams Assistant United States Attorney Jennifer Williams Assistant United States Attorney James Gaston Blackford Williams Trial Attorney, Fraud Section; Assistant United States Attorney, E.D.N.C., W.D. Va. David Wilson Assistant United States Attorney, Criminal Division Chief, W.D. Wash. Robert Wilson Assistant United States Attorney Katherine Winfree Chief, Public Corruption Section, District of Columbia Stephen Wizner Trial Attorney Marty Woelflle Trial Attorney George G Wolf Trial Attorney Stephen Wolfe Assistant United States Attorney, Central District of California James Woods Assistant United States Attorney Charles Work Chief, Superior Court Division, United States Attorney’s Office for the District of Columbia 71 Del Wright Trial Attorney Shanlon Wu Counsel to the Attorney General Henry Wykowski Trial Attorney, Criminal Section, Tax Division; Assistant United States Attorney, N.D. Cal. Bruce Yannett Assistant United States Attorney Matthew Yarbrough Assistant United States Attorney William Yeomans Acting Assistant Attorney General, Chief of Staff, and Deputy Chief Criminal Section, Civil Rights Division Monique Yingling Trial Attorney Deborah Young Assistant United States Attorney for the District of Columbia Rebekah Young Assistant United States Attorney Rex Young Deputy Director, Office of International Affairs Cynthia Young Criminal Chief, District of Massachusetts John Youngquist Assistant United States Attorney, Chief, Tax Division, N.D. Cal. David Zalesne Assistant United States Attorney, E.D. Pa. Mark Zanides Chief, Anti-Terrorism Section, N.D. Cal. Peter Zeidenberg Deputy Special Counsel Daniel Zelenko Trial Attorney Sheldon Zenner Assistant United States Attorney, Deputy Chief, Special Prosecutions, N.D. Ill. Thomas Zeno Executive Assistant United States Attorney for Operations, District of Columbia Peter Zimroth Assistant United States Attorney, SDNY Andrea Zopp Assistant United States Attorney, N.D. Ill. James Zuba Assistant United States Attorney, N.D. Ill. Marc Zwillinger Trial Attorney, Computer Crime & Intellectual Property Section, Criminal Division 72