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News Releases ~ 2006

NACDL President Martin S. Pinales Blasts Durham District Attorney Michael Nifong -- Chicago (December 29, 2006) -- Martin S. (Marty) Pinales blasted the prosecutor in the "Duke lacrosse 'rape' case" for abusing the criminal justice system for political purposes, at great expense to the reputations of the players, the university, the witnesses and the city and people of Durham, N.C. Mr. Pinales is President of the National Association of Criminal Defense Lawyers, the nation's largest criminal defense bar association, with over 12,000 members in the United States, U.S. territories and 27 foreign countries. More 

DOJ Policy on Privilege Waivers Disappoints Defense Bar -- Washington, DC (December 13, 2006) -- The National Association of Criminal Defense Lawyers, a leading member of the Coalition to Protect the Attorney Client Privilege, appreciates the deliberation that went into the Justice Department's new policy guidelines on corporate investigations (the McNulty Memorandum) issued today. The National Association of Criminal Defense Lawyers is the nation's largest voluntary bar organization dedicated to the defense of individuals and organizations accused of criminal misconduct. More 

Defense Lawyers Praise Attorney-Client Privilege Bill -- Washington, DC (December 7, 2006) – The National Association of Criminal Defense Lawyers (NACDL), a leading member organization of the Coalition to Protect the Attorney-Client Privilege congratulates Sen. Arlen Specter (R-PA) for introducing the Attorney-Client Privilege Protection Act of 2006 (ACPPA). NACDL considered it an honor when Sen. Specter first announced this important legislation Sept. 14 at the association's 2006 White Collar Crime Conference. More 

N.Y. Prisons Make Millions Profiteering on Inmate Phone Calls -- Washington, DC (December 6, 2006) – On Friday, Dec. 1, a diverse group of 18 nonprofit criminal justice organizations filed an unusual amicus curiae, or "friend of the court" policy brief in the New York's highest state court. The groups' joint brief condemns the state correctional system's practice of charging above-market rates for collect calls from prison and then splitting the profits with the telephone service provider, with the state taking nearly 60 percent, or about $23 million a year. More 

I.G. Review of Warrantless Surveillance No Substitute for Congressional Oversight -- Washington, DC (November 28, 2006) -- "Officials also say that the N.S.A. ... has conducted much larger data-mining operations on vast volumes of communication within the United States to identify possible terror suspects. To accomplish this, the agency has reached agreements with major American telecommunications companies to gain access to some of the country's biggest 'switches' carrying phone and e-mail traffic into and out of the country." More 

Distinguished N.Y. Attorney Norman Reimer Named NACDL Executive Director -- Washington, DC (November 09, 2006) – The National Association of Criminal Defense Lawyers today announced its appointment of Norman L. Reimer, of New York City, as the association's Executive Director. Reimer is a partner in Gould Reimer Walsh Goffin Cohn LLP, a six member firm that specializes in criminal defense, immigration and civil rights litigation. As a criminal defense lawyer throughout his career, with expertise in trial and appellate advocacy, in both state and federal jurisdictions, Reimer is a recognized leader of the organized bar, and a strong advocate of legal system reforms. He is also a past president of the New York County Lawyers Association. More 

Lynne Stewart Defended the Constitution -- Washington, DC (October 16, 2006) – The President of the National Association of Criminal Defense Lawyers Martin S. Pinales today released a statement regarding the sentencing of New York criminal defense lawyer Lynne Stewart. More 

NSA Secret Wiretap Program Held Unconstitutional -- Washington, DC (August 17, 2006) – As plaintiffs in the lawsuit seeking to enjoin the government's warrantless wiretapping program, the National Association of Criminal Defense Lawyers (NACDL) and its members are grateful for today's courageous decision by U.S. Judge Anna Biggs Taylor. Judge Taylor held the secret "terrorist surveillance program" (TSP) unconstitutional under the First and Fourth Amendments and separation of powers doctrine, and unlawful under the federal Wiretap Act (Title III) and the Foreign Intelligence Surveillance Act (FISA). More 

Judge William Hoeveler to Receive Defense Bar Award -- Washington, DC (July 19, 2006) – Senior U.S. District Judge William M. Hoeveler of the Southern District of Florida will receive the prestigious Judicial Recognition Award from the National Association of Criminal Defense Lawyers at the association's Annual Meeting in Miami. The award will be presented at the association's awards luncheon at the Loews Miami Beach Hotel at noon, Friday, July 28. Only 13 judges have been so recognized in NACDL's 48-year history. More 

Norman Lefstein – 2005 Champion of Indigent Defense -- Washington, DC (July 17, 2006) – The National Association of Criminal Defense Lawyers (NACDL) has named Norman Lefstein as the association's 2005 "Champion of Indigent Defense." Lefstein is a Professor of Law and Dean Emeritus of the Indiana University School of Law – Indianapolis. The award will be presented at the association's awards luncheon at noon, July 28, at the Loews Miami Beach Hotel in Miami, Fla., as part of the NACDL 2006 Annual Meeting. More 

Guantanamo Military Commission Case Is a Victory for Due Process, Geneva Conventions -- Washington, DC (June 29, 2006) – The National Association of Criminal Defense Lawyers (NACDL) applauded today's Supreme Court decision in Hamdan v. Rumsfeld as a decisive victory for the defense function, for the courts, for Congress, but most of all, for the Constitution and people of the United States. In the words of Justice Anthony Kennedy, concurring, "Concentration of power puts personal liberty in peril of arbitrary action by officials, an incursion the Constitution's three-part system is designed to avoid." In other words, as stated by Justice Sandra Day O'Connor two years ago in another detention case, Congress decidedly did not issue the president a "blank check." More 

KPMG Case Is a Victory Over the Thompson Memo -- Washington, DC (June 29, 2006) – Last Monday's decision in United States v. Stein, was more than a victory for the defendants, who had their company-paid attorneys fees restored to them by a federal judge. It was the first time a federal court had recognized the arrogance and inherent unfairness of the Thompson Memorandum, which is the government's roadmap for coercing companies facing possible criminal prosecution into settling investigations before indictment. More 

Statement of President Barbara Bergman,National Association of Criminal Defense Lawyers, On Supreme Court's Vienna Convention Decision, Sanchez-Llamas v. Oregon --Washington, DC (June 28, 2006) -- The Supreme Court's decision today in Sanchez-Llamas v. Oregon is no help to the hundreds of foreign nationals who find themselves subject to our criminal justice system every year, nor to the law enforcement officers who arrest them, nor the state and federal courts that sort out their cases. More 

Guantanamo Defense Lawyer Urges Trials or Release -- Washington, DC (June 12, 2006) – Nancy Hollander, a Guantanamo defense lawyer, today released the following statement in light of last weekend's tragic suicides of Guantanamo prisoners Mani Shaman Turki al-Habardi Al-Utaybi and Yassar Talal Al-Zahrani of Saudi Arabia, and Ali Abdullah Ahmed of Yemen. More 

Gonzales Needs to Explain His Phone Record Collection Theory -- Washington, DC (May 25, 2006) -- May 24, the Washington Post reported that U.S. Attorney General Alberto Gonzales explained at a press conference that the government can obtain records of domestic customers' telephone calls without court approval under a 1979 Supreme Court ruling that authorized the collection of business records.[1] Gonzales would not confirm a USA Today report[2] that said the National Security Agency had collected the phone records of tens of millions of Americans not suspected of terrorist activity. But then the attorney general made an unsettling assertion – that telephone customers have no reasonable expectation of privacy in their personal and business phone records. More 

Report: Attorney-Client Privilege Disappearing in White Collar Cases -- Washington, DC (March 3, 2006) – There is more evidence than ever that federal prosecutors and regulatory auditors are routinely demanding wholesale waivers of attorney-client and work-product privileges in corporate investigations, a new survey of inside and outside corporate legal counsel reveals. In today's complex business environment, it is increasingly important that executives and managers maintain ongoing relationships of trust with their company's lawyers – without reliable privilege protections, employees may be discouraged from seeking guidance in sensitive situations and the lawyers are more likely to be excluded from proactive (as opposed to reactive) efforts to ensure compliance with federal laws and regulations, a coalition of participating bar and business associations say. More 

When the Government Becomes a Lawbreaker (cont'd) -- Washington, DC (February 3, 2006) – The National Association of Criminal Defense Lawyers welcomes the Senate Judiciary Committee's opportunity to thoroughly question Attorney General Alberto Gonzales on the administration's legal reasoning which purports to authorize warrantless domestic electronic eavesdropping. As plaintiffs in the lawsuit filed against the National Security Agency Jan. 17, we also encourage the committee to demand that the Justice Department turn over any legal memoranda purporting to justify the NSA program, using its subpoena power if necessary. More 

Virginia and National Criminal Defense Lawyers Associations Delay Filing of Federal Suit Enjoining Court-Appointed Lawyer 'Fee Caps' -- Richmond, VA (February 1, 2006) – The Washington, D.C.-based National Association of Criminal Defense Lawyers and the Virginia Association of Criminal Defense Lawyers held a news conference at the Capitol Building in Richmond today to announce a possible legislative compromise to the decades-old problem of caps on court-appointed lawyer fees criminal cases. The lawyers' associations, and their counsel, the D.C., law firm of Covington and Burling were prepared to file a suit in federal court today challenging the way attorneys for indigent criminal defendants are paid in the state. More 

Statement of NACDL Past President Nancy Hollander, NSA Lawsuit Plaintiff -- Albuquerque, NM (January 17, 2006) -- In the 1960's and the 1970's the FBI, CIA and the Chicago Police Department followed me, kept files on me, wrote about my anti-war and civil rights speeches, made copies of my writings, took my picture. I was not a lawyer then and although their activities were clear attempts to chill my First Amendment rights, they failed. More 

Statement of Joshua Dratel, NSA Plaintiff, NACDL Lawyer -- New York, NY (January 17, 2006) -- This lawsuit is an important step in the process of demanding accountability for government conduct that violates the law. In defending persons accused of terrorism-related offenses, lawyers are duty-bound to investigate all of the facts, whoever or wherever the source may be, and challenge the prosecution's case as zealously as the law permits. More 

Report: Federal Sentences Lengthier Than Ever -- Washington, D.C. -- Federal judges continue to impose the most severe sentences ever imposed. It is no longer drug kingpins who are being sentenced to 10 and 20 years in prison or more. Persons convicted of fraud and other nonviolent offenses are also being imprisoned for terms once reserved for the most violent offenders. Whereas once more than half of federal defendants might expect to receive a sentence of probation, today nearly all can expect to be sent to prison. The majority of federal cases continue to be sentenced in conformance with the "advisory" federal sentencing guidelines, a report released by the U.S. Sentencing Commission on March 14 says. More 

A Statement Regarding St. Tammany Parish Sheriff Jack Strain -- St. Tammany Parish Sheriff Jack Strain's recent comments to WDSU-TV on crime in his community strike at the core of justice in America. Strain announced that he will focus law enforcement attention on those with dreadlocks and "chee-wee" hairstyles, determining guilt or innocence, not on proof, but on appearance. Moreover, to ensure his desired outcome, Strain stated his belief that defense attorneys who might get in his way should be "put on a rail and run out of here." More 

ABA Resolution on DOJ's Corporate Compliance Practices: Statement of Martin S. Pinales, President, The National Association of Criminal Defense Lawyers -- Washington, DC – In light of yesterday's report and resolution approved by the American Bar Association's House of Delegates at its annual meeting in Honolulu, NACDL President Martin Pinales released the following statement. More 

2006-07 Executive Committee Officers and Newly Elected Board of Directors Members Sworn in at Annual Meeting -- Washington DC - The following is a list of thd Executive Committee officers and Board of Director members elected for 2006-07. More 

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