It is definitely a new DOJ, and congratulations go to them for acting as true "ministers of justice." In a rare move, the Acting Assistant AG filed a Motion of the United States to Set Aside the Verdict and Dismiss the Indictment With Prejudice.  Information was not provided to the accused, and the government admits that this information would have allowed for a cross-examination and arguments to the jury. Brady violations occur, but it is rare that a prosecutor openly admits to such wrongdoing.  More importantly, moving to set aside the verdict and dismiss the indictment with prejudice speaks to a prosecutor who acts appropriately when an injustice has occurred.  It is clear that the new administration is aiming to be "ministers of justice."  We are all fortunate.

Motion – Download Stevens_Govt Motion to Dismiss

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Attorney General Eric Holder was sworn in by Vice President Joe Biden.  His remarks are telling that DOJ will be returned to being a non-political institution.  In part he stated –

"There shall be no place for political favoritism, no reason to be timid in enforcing the laws that protect our rights, our environment and our principles as long as I have the opportunity to lead this great Department. This may be a break from the immediate past but it is consistent with the long history of the Department of Justice. I call on every employee of this Department – from this moment on – to return to the practices that are the foundation of this entity. It is time once again to base our actions on policies that are rooted in fairness and in a desire to ensure a more just America."

Not surprisingly, the opposition to his becoming AG was not consequential   See WSJ Blog here  The ranks of the department will now start to fill, as well as the changing of many USAttorneys throughout the United States.  See Mary Flood, Houston Chronicle, Prosecutors, judges jockey for U.S. attorney spot

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Addendum –  It is sad to see that a member of the Senate Judiciary committee is criticizing nominees for positions at DOJ premised on their political or social leanings.  See David Ingram, BLT Blog, Sessions Gives Preview of Objections to DOJ Nominees

Marcia Coyle, NLJ, law.com, Assistant AG in DOJ’s antitrust division returns to Covington & Burling

Lynne Marek, NLJ, law.com, Federal prosecutor on the team that convicted Conrad Black heads to Main Justice

Marcia Coyle, NLJ, law.com, Senate Judiciary Committee GC moves to White House

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The nominee to lead DOJ’s Criminal Division is Lanny A. Breuer.   

A man who clearly knows the white collar area of law, Breuer presently serves as co-chair of Covington and Burling’s White Collar Defense and Investigations practice group.   As described on his webpage – "Mr. Breuer represents corporations and individuals across a broad array of subject matters including corporate accountability, fraud and abuse, securities investigations and litigation, food and drug regulation, medical device health and safety, antitrust, conflicts of interest, environmental crimes, foreign corrupt practices, national security, and export controls."  A Columbia grad (undergrad and law school), his resume includes serving as special counsel to President Clinton, not to mention his representation of Roger Clemens (see here).

It is good to see someone with enormous experience willing to serve the country in this important position. His expertise in the corporate and political world make him a good match in the fight against white collar crime.

See Covington & Burling here; see also Stephen Losey, Federal Times, Obama names four assistant attorneys general.

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One thing was certain in listening to Eric Holder’s testimony – there will no longer be politicized hiring at the justice department. And that’s good.

See also Joe Palazzolo, BLT Blog, Holder Lays Out His Priorities; Carrie Johnson, Washington Post,  Waterboarding Is Torture, Holder Tells Senators — Justice Dept. Nominee Rejects Bush-Era Policies but Stresses Bipartisanship

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Some are leaving DOJ, and certainly in the next few weeks we likely will see a good many more moving to the private side. (see here)  But there will also be a transition occurring from the private side to the public sphere. For one, Sujit M. Raman is moving from Hogan & Hartson to be part of Baltimore’s USAttorney’s Office. Raman has impressive credentials from his white collar defense work and his co-authored article on deferred prosecution agreements indicates that he is very aware of the recent developments in corporate prosecutions. (see Peter Spivack & Sujit Raman, Regulating the "New Regulators": Current Trends in Deferred Prosecution Agreements, 45 Amer. Crim. L.Rev. 159 (2008).  But I am most intrigued with the ending of this article where he states –

"Events from 2007 suggest that DPAs are very much on the rise, with prosecutors keen to flex their muscles as the New Regulators.  However, increased regulation, whether through internal DOJ guidelines or through congressional oversight, appears to be on the horizon and may well dampen their enthusiasm.  Only time will tell."

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