NAAUSA News
NAAUSA Opposes Legislation to Weaken Mandatory Minimum Sentencing Legislation
by By Robert Gay Guthrie, President
January 31, 2014

NAAUSA’s letter to Senate Judiciary Committee spells out nine reasons for opposing legislation to weaken mandatory minimums.


NAAUSA Writes to Attorney General on Mandatory Minimums
by Robert Gay Guthrie, President
January 27, 2014

Based on the concerns expressed by NAAUSA members in a recent survey, NAAUSA wrote to the Attorney General to express concerns over his support for weakening mandatory minimums.


NAAUSA Letter to Editor of Washington Post Published
by Robert Gay Guthrie, President
January 4, 2014

Ensuring that the public and the press receive accurate information on the work of Assistant United States Attorneys, NAAUSA responded to a recent Washington Post editorial on the sentencing of Stephanie George. As a former AUSA said "The truth is that our people do the work that needs doing to keep us safe."


NAAUSA Asks Law Enforcement Groups to Oppose Changes to Mandatory Minimuns
by Robert Gay Guthrie, President
January 2, 2014

NAAUSA has asked seventeen law enforcement groups to join its campaign to oppose changes to mandatory minimum sentences.  Among the groups contacted are the Fraternal Order of Police, National Center for Victims of Crime, the National District Attorneys Association and the FBI Agents Association.  


Statements by AUSAs on Mandatory Minimuns
by NAAUSA
December 19, 2013

NAAUSA's survey on Mandatory Minimums generated hundreds of comments opposing proposed legislation to change Mandatory Minimums.  A summary of the survey results will be published in the next issue of the NAAUSA News.

 

 


NAAUSA Comments on Mandatory Minimum Legislation
by Robert Gay Guthrie, President
December 15, 2013

NAAUSA is opposed to legislation that would weaken the current mandatory mimimum framework.  NAAUSA's position is that the current mandatory minimum framework embodied in federal drug, child pornography and other criminal laws should be preserved.


NAAUSA Asks Congress for Full Funding for United States Attorneys Offices
by Robert Gay Guthrie, President
November 18, 2013

NAAUSA has sent letters to all members of the House and Senate Appropriations committees that are responsible for funding of the Department of Justice urging them to approve the full FY 2014 President's request for the United States Attorneys.


NAAUSA Asks for Meeting with U.S. Attorney for DC on Saturday Work Schedules
by Robert Gay Guthrie, President
November 8, 2013

I write to express our Association's concerns about a recent change of policy in the District of Columbia United States Attorney's Office regarding the ending of time off awards for AUSAs who must work Saturday and federal holidays to perform arrest intake responsibilities in the District of Columbia Superior Court.


Federal Postal Coalition Urges End to Squestration
by Bruce Moyer, NAAUSA Counsel
November 5, 2013

NAAUSA has joined the other members of the Federal-Postal Coalition to urge Congress to end the automatic budget cuts (sequestration) that will further reduce the FY 2014 budget for the United States Attorney Offices.


NAAUSA Supports Back Pay for Furloughed AUSAs
by Robert Gay Guthrie, President
October 4, 2013

NAAUSA sends letter to Congress in support of The Federal Employee Retroactive Pay Fairness Act, H.R. 3223


NAAUSA Sends Letter to Every House Member to Oppose H.R. 2711
by Bruce Moyer, NAAUSA Counsel
July 30, 2013

NAAUSA asks all House Members to vote "No" on H.R. 2711, the Citizen Empowerment Act, which would allow individuals to record in-person and telephonic interactions with AUSAs.  NAAUSA urges Members to vote "No" on the legislation because it will undermine federal civil enforcement activities and criminal prosecutions during the investigative, pretrail and enforcement phases of litigation involving the interests of the United States.


NAAUSA Asks AGAC to Eliminate Attorney Pay Disparity in DOJ
by President Robert Gay Guthrie
July 24, 2013

NAAUSA has written to the Chair of the Attorney General's Advisory Committee to urge them to work with other DOJ components to eliminate the disparity in pay between AUSAs and DOJ Trial Attorneys.  After five years as a DOJ attorney, current DOJ attorney pay policy allows a Trial Attorney to be paid as much as $30,000 more than an AUSA.

 


NAAUSA Asks Senate to Restore Funding to Courts and Public Defenders
by President Robert Gay Guthrie
July 22, 2013

NAAUSA provided a statement for a Senate hearing on how the sequester is undermining the Courts.


NAAUSA Asks House Appropriations Subcommittee to Approve FY 2014 Budget Request for USAOs
by Bruce Moyer, NAAUSA Washington Rep
July 3, 2013

NAAUSA has written to the Chair and Ranking Member of the Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies asking them to approve the Administration-requested budget of $2,007,717,000 for FY 2014 for the United States Attorneys Offices.


DOJ Letter to House and Senate Judiciary Chairs on OPR Report from Stevens Prosecution
by Office of Legislative Affairs, Dept of Justice
May 24, 2013

Office of Legislative Affairs releases redacted OPR report to Chairman Patrick Leahy and Chairman Lamar Smith, Judiciary committees.


NAAUSA Applauds MSPB Decision to Reverse Suspensions of AUSAs Bottini and Goeke
by President Gay Guthrie
April 7, 2013

On April 5, MSPB Administrative Law Judge Benjamin Gutman overturned suspensions of AUSAs Joseph Bottini and James Goeke for alleged misconduct in connection with their disclosure obligations during the government's prosecution of Senator Ted Stevens.

 


NAAUSA Endorses Texas Legislation on Concealed Carry for AUSAs
by President Gay Guthrie
April 7, 2013

NAAUSA strongly endorsed SB 892 and HB 1051 because of the protection it extends to Assistant United States Attorneys in their efforts to secure justice for all Americans.  The legislation would permit United States Attorneys and Assistant United States Attorneys in the four federal judicial districts of Texas to carry firearms for their personal protection.  


Senator Wants to Let Federal Prosecutors Carry Firearms on the Job
by Washington Post, Ed O'Keefe
April 5, 2013

Washington Post article mentions NAAUSA's past work to allow AUSAs to carry firearms.


Senator Cornyn Asks Attorney General About Firearm Policy for AUSAs
by Senator John Cornyn (TX)
April 3, 2013

Senator Cornyn asks Attorney General about 18 USC 930 which prohibits AUSAs from carrying firearms in federal court facilities, even if they have a state-issued concealed carry license.  Senator Cornyn asked that this policy be reconsidered.


2013 Attorney Student Loan Repayment Program
by H. Marshall Jarrett
April 3, 2013

2013 Attorney Student Loan Repayment program deadline announced for renewing 2011 and 2012 loan repayments and requesting 2013 loan repayments.


NAAUSA Statement for Record on Stevens Hearing and S. 2197
by John E Nordin, II President
April 2, 2013

NAAUSA opposes the passage of S. 2197, as unnecessary and inappropriate. An Assistant United States Attorney's duty to disclose exculpatory or impeaching information springs from his special role in our system of justice as the legal representative of the United States of America. In the context of a criminal prosecution, Assistant United States Attorneys understand that their ultimate responsibility is to pursue justice.


NAAUSA Asks Attorney General to Exempt AUSAs from Furloughs
by President Gay Guthrie
March 29, 2013

In a March 29 letter to the Attorney General. NAAUSA President Gay Guthrie asked that AUSAs be exempted from furloughs and explained his three reasons. First, United States Attorney Offices more than pay for themselves through the financial recoveries they win and the collection of court judgments they secure. Second, the significant investments in investigatory resources being made to pursue health care, mortgage and financial institution fraud require commensurate prosecutorial resources to achieve justice for the victims and the United States. Finally, Assistant United States Attorneys play a critical role in 24/7 national security and counter-terrorism efforts.


NAAUSA Asks for Changes to OPR Process
by President Gay Guthrie
March 28, 2013

NAAUSA has written to Robin Ashton, Director of the Office of Professional Responsibility (OPR) on two issues of concern to NAAUSA: (1) the appropriateness of the "preponderance of evidence" standard of proof in OPR disciplinary proceedings; and (2) the transparency and accessibility of OPR findings and analyses.

In the NAAUSA letter, President Guthrie said "we believe a determination of misconduct, poor judgment or mistake should be tested by a burden of proof that more properly should be based on the higher, commiserate standard of "clear and convincing evidence," not a mere preponderance of the evidence, as currently embraced by OPR."
The letter further stated that "We believe that OPR (and the Professional Misconduct Review Unit) should make their findings and analyses more accessible to AUSAs through more inclusive archiving and cataloguing of past decisions, while continuing to satisfy the privacy rights of AUSAs."

 


NAAUSA Asks Senate for FY 2013 Funding for USAOs
by NAAUSA President Gay Guthrie
March 11, 2013

NAAUSA notifies Senate that the accross-the-board spending cuts in the sequestration will undermine the performance of the United States Attorneys Offices.


Senate FY 2013 Budget Proposal Continues Pay Freeze
by United States Senate
March 11, 2013

The Senate Continuing Resolution for FY 2013 to fund the federal government until September 30, 2013 includes extending the pay freeze for 2013.  The House Continuing Resolution also includes the continuation of the pay freeze.


Thrift Savings Plan issues Furlough Guidance
by TSP
March 4, 2013

TSP has issued a Fact Sheet that addresses some of the questions about furloughs and TSP contributions. It also details alternatives for accessing your TSP funds should you face financial hardship as a result of being furloughed


OMB Directs Agencies to Reduce Hiring
by Office of Management and Budget
February 27, 2013

The Office of Managment and Budget directs agencies to


US Attorneys Loretta Lynch and Sally Yates Lead Attorney General's Advisory Committee
by US Department of Justice
January 7, 2013

Attorney General Holder appoints Loretta Lynch, US Attorney for the Eastern District of New York, Chair of the AGAC and Sally Yates, US Attorney for the Northern District of Georgia, as Vice Chair.


NAAUSA Files amicus curiae brief with the U.S. Merit Systems Protection Board in the appeal of Joseph W. Bottini and James A. Goeke v. U.S. Department of Justice, Docket Nos. SF-0752-12-0600-I-1 and SF-0752-12-0598-I-1.
by Bruce Moyer, Counsel
October 16, 2012
NAAUSA retains a substantial common interest in ensuring that the due process rights and privileges of all Assistant United States Attorneys are duly protected. NAAUSA believes that the issues raised in Joseph W. Bottini and James A. Goeke v. U.S. Department of Justice, Docket Nos. SF-0752-12-0600-I-1 and SF-0752-12-0598-I-1,involve broad concerns potentially affecting the due process rights and privileges of all Assistant United States Attorneys, the correctness of penalties imposed by the Department of Justice upon Assistant United States Attorneys for discovery violations, the liability of members of prosecutorial teams for discovery violations, and the underlying process within the Department of Process for the investigation of discovery violations and the determination of sanctions where appropriate. Pursuant to 5 C.F.R. 1201.34(e) of the regulations of the Merit Systems Protection Board, the National Association of Assistant United States Attorneys (“NAAUSA”) submitted amicus curiae brief as an interested party in the above-captioned matter.

NAAUSA Makes Recommendations on USAO Flexible Work Options
by Gay Guthrie, President
September 18, 2012
Based on discussions with EOUSA and review of DOJ and EOUSA policy guidance, NAAUSA sent a letter to EOUSA recommending changes in the Flexible Work Options (FWO) for AUSAs. NAAUSA's main FWO goal is to make sure that all AUSAs are treated the same regarding compressed work schedules, telework, etc.

States' Laws and Requirements for Concealed Carry Permits Across the Nation
by General Accountability Allowance
July 12, 2012

The number of states allowing concealed carry permits is increasing, and states
broadly differ in eligibility requirements and the extent to which they have
reciprocity agreements. In June 2002, 7 states and the District of Columbia
prohibited the concealed carry of handguns. As of March 2012, individuals can
carry concealed handguns in all but 1 state (Illinois) and the District of Columbia
(see fig. below). "Shall-issue" states-in which issuing authorities are required to
issue a permit to an applicant that fulfills the objective statutory criteria-
generally issue more permits than states with greater discretion in granting
permits ("may-issue" states). Because of differing eligibility requirements, some
states would issue a permit to an applicant, while others would not. For example,
some states define what constitutes a disqualifying felony differently or have
different firearms training requirements. As of March 2012, 39 states that issue
permits and Vermont (permits not required) recognize concealed carry permits
from other states. Of the 9 states that do not grant reciprocity, 8 are may-issue
states.


NAAUSA/EOUSA Hold Quarterly Meeting
by NAAUSA
June 29, 2012

NAAUSA President Gay Guthrie , Vice President for Operations and Membership Rita Valdrini, Washington Counsel Bruce Moyer and Executive Director Dennis Boyd met with EOUSA Principal Deputy Director and Chief of Staff Monty Wilkinson and EOUSA Deputy Director for Legal Management Suzanne Bell to discuss the OPR report on the Stevens case and Discovery Reform, the AUSA pay cap and Telework and Flexible Work Options.


NAAUSA Statement for June 6 Senate Hearing on Stevens Cased
by NAAUSA President Gay Guthrie
June 4, 2012
DOJ disciplinary actions against two AUSAs in Stevens case unfair. Current discovery rules don't need to be changed.

Letter to Editor
by Gay Guthrie, President
May 30, 2012

NAAUSA believes AUSAs disciplined in Stevens case are scapegoats.


Report from Terrence Berg, Professional Misconduct Review Unit
by Professional Misconduct Review Unit (PMRU)
May 23, 2012

A lenghtly report by the Office of Professional Responsibility on the Investigation of Joseph A. Bottini was reviewed by the Professional Misconduct Review Unit.  One of the major findings in the PMRU report states that:

"The team as a whole, and particularly the team's managers in the Department of Justice, should be held fully responsible in my view, both collectively and as individuals, for the disclosure violations and other failures and mistakes that occured in this case."


Go Slow on Stevens Prosecutors
by Gay Guthrie, President
April 18, 2012

NAAUSA responds to premature and uninformed calls for retribution against the six prosecutors in Senator Ted Stevens case.


NAAUSA Opposes S. 2197
by John E. Nordin II, President
April 2, 2012

NAAUSA's statement opposing S. 2197


DOJ Statement at “Hearing on the Special Counsel's Report on the Prosecution of Senator Ted Stevens”
by Department of Justice
March 28, 2012

The DOJ Statement from today's hearing.


Senator Leahy's Statement at the “Hearing on the Special Counsel's Report on the Prosecution of Senator Ted Stevens”
by United States Senate
March 28, 2012

Senator Leahy's opening statement from today's hearing.


NAAUSA is Part of Coalition Speaking Out for Federal Employees
by Federal-Postal Coalition
March 27, 2012

NAAUSA signs on to Federal-Postal Coalition letter opposing cuts to federal compensation


NAAUSA Urges House Leadership to Oppose Bill to Cut AUSA Retirement Benefits
by NAAUSA
February 9, 2012

NAAUSA wrote to the House leadership to urge them to reject the American Energy and Infrastructure Jobs Act (H.R. 7) in its current form because of its underlying financing provisions. The legislation is financed, in part, by a reduction in retirement benefits of Assistant United States Attorneys and others who participate in the federal retirement system.  NAAUSA noted that Assistant United States Attorneys are responsible for federal criminal prosecutions and civil cases involving the United States Government.

 


NAAUSA Urges Congress to Approve FY 2012 USAO Funding of $1.93 Billion
by Steven H. Cook
November 10, 2011
NAAUSA has written to the Chairs and ranking members of the appropriations committee that oversees the DOJ bugdet and asked them to approve the House committee funding level for FY 2012. The House level is higher than the Senate approved level. Long-time NAAUSA members know that NAAUSA has been effective in the past in working to safeguard the USAO budgets from major cuts and has actually been instrumental in increasing the size of the USAO budgets.

NAAUSA Realigns 16 Regions
by NAAUSA Board of Directors
November 9, 2011
The terms of all NAAUSA delegates, directors and officers ends December 31, 2011. The NAAUSA bylaws require that the distribution of districts by region be reviewed every three years.

NAAUSA Asks EOUSA to Improve AUSA Security - Again
by Steve Cook
October 31, 2011
NAAUSA asks EOUSA about increase in threats and assaults against AUSAs and asks for improvements.

NAAUSA Plays Key Role in Securing Fitness Funding for USAOs
by Executive Office for U.S. Attorneys
September 22, 2011
United States Attorney Offices are beginning to take stock of the new EOUSA guidance, issued on September 22, that delegates authority to USAOs to annually commit up to $3,000 from their office accounts for the purchase of "gymnasium and athletic equipment and/or accessories" for a fitness facility operated by another federal agency in exchange for access and use by USAO employees, including AUSAs. According to the September 22 memo from EOUSA Director Marshall Jarrett to all USAOs, the funds may also be used toward access fees to another agency's fitness facility. Director Jarrett in the memo pointed to the instrumental role that NAAUSA played in bringing about this constructive revision in EOUSA policy that will promote better health and fitness by all AUSAs.

NAAUSA Opposes Retroactive Application of Fair Sentencing Act Guideline Amendments
by Steven H. Cook, President
June 2, 2011

NAAUSA Asks Congress to Preserve USAO Funding
by Steven H. Cook, NAAUSA President
February 7, 2011
As the Congress prepares to address government funding for the remainder of the 2011 Fiscal Year, we urge you to preserve funding for United States Attorneys’ Offices at current spending levels and to exercise restraint in imposing cuts that would undermine the performance of their crucial responsibility for prosecuting federal crimes and pursuing and defending civil enforcement actions. At the outset, we note that the establishment of a federal spending plan that reduces spending and meets the needs of our country in these economically troubling times is an extraordinarily challenging task. We as a nation possess a moral obligation to pass on to our children a fiscally sound government that promises hope and opportunity for future generations. At the same time, the pursuit of justice and the preservation of law and order will be severely tested without sufficient resources for our United States Attorneys’ Offices.

NAAUSA Responds to Distorted and Outrageous USA Today Article
by NAAUSA President Steve Cook
September 28, 2010
To the Editor of USA Today: Sadly your article (Prosecutors’ conduct can tip justice scales, Sept. 24) inaccurately and unfairly portrayed the professionalism and integrity of the thousands of federal prosecutors who have never been subject to the slightest suggestion of ethical misconduct or lapse of judgment. Even by USA Today’s own statistics, federal prosecutors fulfilled their ethical responsibilities in nearly all – an astounding 99.97 percent -- of the more than 675,000 criminal cases they brought in the federal courts since 1998. Your focus on prosecutorial misconduct – as though this was a common phenomenon in the federal courts – is clearly off the mark, simply by the numbers. As in all professions, lawyers sometimes make inadvertent mistakes. For prosecutors, as well as for federal judges and defense attorneys, rising caseloads and increasingly complex litigation can contribute to the rare inadvertent error that goes on to make headlines. Substantial safeguards exist to both prevent and address prosecutorial error. Federal prosecutors receive mandatory ethics and discovery training by the Department of Justice every year. Every prosecutor’s work is scrutinized by supervisors, the grand jury and the trial judge. Whenever claims of improper conduct are raised, prosecutors face review and potential discipline by DOJ’s Office of Professional Responsibility, state bar authorities, and the trial courts. In a nation governed by laws, federal prosecutors strive not to win cases, but to assure that justice is fairly sought and dispensed. Steven H. Cook President, National Association of Assistant United States Attorneys

NAAUSA Asks EOUSA to Improve AUSA Security
by Steve Cook, President
February 12, 2010

EOUSA urged to improve AUSA security


NAAUSA Supports Preservation of Prosecutorial Immunity
by Akin Gump
April 20, 2009
NAAUSA enjoyed success last month in the amicus brief it filed with the Supreme Court, asking the Court to award review of an Eighth Circuit decision curtailing prosecutorial immunity. The Supreme Court announced on April 20 that it had awarded certiorari in the case in the next term. NAAUSA, along with the National Association of District Attorneys, had jointly filed an amicus brief in support of the cert petition. The case is an appeal by county prosecutors of the 8th Circuit's decision in Pottawattamie County, Iowa v. Harrington and McGhee, No. 08-1065. The issue before the Supreme Court is whether a prosecutor can be held liable under Section 1983 for a wrongful conviction and incarceration stemming from the prosecutor’s procurement of false testimony during the investigation of a crime and the subsequent use of that testimony at the trial itself. The NAAUSA-NADA amicus brief was prepared with the excellent pro bono assistance of Tom Goldstein of Akin Gump Strauss Hauer & Feld, LLP, and Amy Howe of Howell & Russell, P.C. Information about the case is available on the NAAUSA website.

NAAUSA Endorses Kansas Firearms Legislation
by NAAUSA Washington Rep. Bruce Moyer
January 14, 2009

As part of our AUSA security initiatives, NAAUSA wrote to Majority Leader of the Kansas State Senate, the Honorable Derek Schmidt, to endorse legislation to amend Kansas law to more broadly permit the carrying of concealed firearms by the United States Attorney and AUSAs.



December 31, 1969


December 31, 1969

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