Federal Bar Association Capitol Hill Chapter

CAPITOL ASSETS Summer, 2009

INSIDE THIS ISSUE: J USTICE SOUTER SHARES A President’s Letter 2 S TORIED CAREER Greenberger Recap With warmth and humor Justice O’Connor has a very 3 that belied so much of the welcoming voice, teased Justice Letter to New Members 4 popular image of him as re- Souter, “when she is not chas- served and aloof, Justice David tising you about something.” of Congress (reprinted) Souter charmed and engaged He also told his listeners how DeWitt Recap 5 the guests at the chapter’s an- Justice Blackmun unexpectedly nual Supreme Court luncheon came to his chambers a couple Notable Notes 5 on May 12th. Saying he had of months into Justice Souter’s no speech but instead “just first term. “We didn’t have some stories” to tell, Justice time to visit each other, the Facebook Page 6 Paul Vamvas and Justice Souter Souter led his audience behind workload didn’t allow it.” But Ethics Symposium 6 the formal façade of the Court Justice Blackmun put his hand ference (between Felix Frank- and showed a bit of the humor on Justice Souter’s shoulder furter and William O. Doug- Donaldson Recap 7 and heart of both the institu- and said, “This is your first las). “That’s once in the fifty tion and its people. term. I remember my first years between Bill Brennan’s Upcoming Events 8 He told of being “tracked term. I know what you are time on the court and mine. down” by Justice O’Connor no going through. I just wanted That’s not bad.” more than 30 minutes after his to come in here and put my Perhaps the most moving confirmation by the Senate hand on your shoulder.” And story Justice Souter told was became official so she could then he left. That was one of about the day that Justice welcome him to the court. many such gestures and kind- Thurgood Marshall announced nesses during his first term, to his colleagues, at the end of said Justice Souter. their last conference of the Story followed story, with term, that he was retiring. some he had been told and Many of his colleagues urged some in which he took part. him to stay on the Court. But All of them illustrated how, for Marshall said, “The machine is all the disagreement and pas- running down.” No one knew sion that might appear in the what to say. But Justice Souter decisions and dissents the said he realized that Justice Court published, the relations Marshall had waited to retire between the justices were al- until he was too old to pursue most never rancorous. Justice other interests or start another Souter said he was told by chapter in his life. “And I Justice William Brennan of promised myself I wouldn’t let only one uncivil exchange that that happen. And so far I’ve Photos by Regina Brzozowski took place in the justice’s con- stuck to it.”

L AWYERS HAVE HEART 10K RACE & FUN WALK The Capitol Hill Chapter There is a long history of http://www.runlhh.org/race/ has registered Team FBA as a FBA involvement with this index.htm. team in the upcoming Lawyers race, and all chapter members, Contact President-Elect T.J. Have Heart race. The race and as well as all FBA mem- Halstead at (202) 707-7981 or fun walk will be on Saturday, bers, friends, and family are [email protected] for June 13, 2009, in Georgetown encouraged to partici- more information about this (Washington Harbor). pate. More info on the race great community service event. can be found at: Page 2 Summer, 2009

M ESSAGE FROM CHAPTER PRESIDENT P AUL VAMVAS

The last several months ently older and younger federal government found have been busy for the people saw that struggle the extremely qualified Capitol Hill Chapter, as and how the civil rights panel both timely and fas- you will see from the arti- movement might be cinating. Special thanks cles and features in this trapped in the past and in again to Peg Perl and newsletter. The chapter need of updating its mes- Chuck Arberg for their was lucky to have three sage. Finally, in April, outstanding work in mak- terrific luncheon speakers ABC News correspondent ing the event a success. talking about some of the Sam Donaldson talked Of course, thanks as most interesting and im- about his near half century always to executive coun- portant issues of the days. spent covering Washing- cil members William In February Professor Mi- ton, D.C., and national Souter and Cynthia Rapp, chael Greenberger of the politics, how both have our most prestigious an- Please join us in University of Maryland changed, and where he nual event, our lunch at Law School, whose career sees politics and journal- the Supreme Court, was welcoming our newest in the federal government ism going. held on May 12, 2009. put him at the heart of Capitol Hill Chapter But the lunches, as in- With Justice David major financial regulation teresting as they were, Souter’s recent announce- members: issues, was our speaker. A were only part of the story ment of his retirement, regular commentator on of what the chapter is do- our event was especially these issues, as well as Miguel Acosta ing. Reaching out to new poignant as he related per- someone often called on and current members who sonal stories about his Marianne Cufone to testify before Congress regularly use social net- years on the Court and Joseph Giblin on such matters, Green- working sites in their jobs what his future holds. berger explained, in terms and personal lives, the The rest of the year Thomas Louthan that even the uninitiated chapter set up its own also promises interesting could understand, the Denise Neary Facebook page. Jeff speakers and events. On shocking story of how the Melissa Reisman McDermott, who designed June 13th, our chapter will national economy finds and maintains the page for join with other local FBA Panthaky Shiraz itself in its current mess. us, has a piece in the chapters to participate in Then, in March, long time Sarah Smith newsletter about how he the Lawyers Have Heart journalist, columnist, and Kimberly Whitaker did it and what it does. 10K race and fun walk. civil rights activist Karen We also sent a letter, re- Our June luncheon DeWitt talked about the printed on page 4 of the speaker, author David O. civil rights movement, newsletter, to welcome Stewart, will talk about his past and present. She new members of Congress new book on the impeach- pointed out how differ- to Washington and to en- ment trial of President courage them to be part of Andrew Johnson. Also, our community. watch your e-mail for in- We also revived the formation about a happy chapter’s ethics sympo- hour soon as well as other sium on May 29, 2009, social events. We hope with a morning program at you can be there for these the Library of Congress great events, and please on the new rules dealing encourage your attorney with conflicts of interest, friends to join us and join gifts, and lobbying. Gov- the chapter. Paul Vamvas presenting a token of our appreciation to speaker Karen DeWitt ernment attorneys and —Paul Vamvas Photo by Richard Litsey attorneys dealing with the Capitol Assets Page 3

G REENBERGER EXPLAINS ROOTS OF F INANCIAL CRISIS

If the First Rule of underlying problem, he bad loans. But that didn’t Holes is stop digging explained, was the histori- keep them from later di- when you are in one, the cally unfounded but pas- viding the loans at the bot- second rule must be to sionately held belief that tom of this group and giv- figure out how you got housing prices would ing the best of those a tri- there so you don’t fall in never go down. This be- ple-A rating. Synthetic again. On February 24th, lief led banks and mort- CDOs and credit default Professor Michael Green- gage companies to loan swaps, insurance policies berger of the University of money to people who had that weren’t allowed to be Maryland School of Law almost no probability of called insurance policies explained to members and repaying it, then bundle (lest the insurance regula- guests of the Capitol Hill these loans together and tors look too closely at Chapter how the world securitize them (that is, them), soon followed found itself in its financial sell pieces of them to in- along with a lot of other hole. vestors). That, in itself, financial instruments that In an amazingly clear Greenberger told his audi- basically traded on the tour through the bizarre ence, was not the prob- same irrational belief in Greenberger’s audience just world of subprime mort- lem. The problem was the the never deflating hous- sat there shaking their gages, collateralized debt banks and mortgage com- ing market. obligations, credit default panies got the rating agen- Greenberger’s audience heads in silence, incredulous swaps, and all the rest of cies that the financial sys- just sat there shaking their at the financial house of tem had relied on for so the financial instruments heads in silence, incredu- cards that was allowed to that lie at the bottom of many years to rate the best lous at the financial house this current economic cri- of these bad loans as tri- be built and then inevitably ple-A, or high quality, of cards that was allowed sis, Professor Greenberger collapse when housing helped his listeners under- which they were compared to be built and then inevi- stand what they meant and to the worst of the worst tably collapse when hous- prices began to drop. how they came to be. The of the same package of ing prices began to drop. Greenberger said he thought it would take some years to fill the pro- ductivity gap left by the crisis but that regulation of the financial industry in the future will be neces- sary to avoid falling in this hole again. The audience was indebted (no pun in- tended) to Professor Greenberger for explain- ing such a complex subject in such a clear and com- pelling way.

Professor Michael Greenberger addressing the Chapter

Photo by Richard Litsey Page 4 Summer, 2009

Federal Bar Association CAPITOL HILL CHAPTER

PRESIDENT March 27, 2009 PAUL VAMVAS Assistant Division Director for FJTN and Video Programs Dear [New Member of Congress]: Federal Judicial Center Phone: (202) 502-4266 I am writing as the President of the Capitol Hill Chapter of the Federal Bar Asso- Email: [email protected] ciation to congratulate you and to welcome you to Capitol Hill. The Capitol Hill Chapter of the FBA is made up of hundreds of attorneys who work directly for the Congress and PRESIDENT-ELECT in other agencies and institutions on the Hill. The U.S. Supreme Court, the Government TERRY HALSTEAD American Law Division Accountability Office, the Federal Judicial Center, the Administrative Office of the U.S. Congressional Research Service Courts, the U.S. Sentencing Commission, the Library of Congress and the Government Phone: (202) 707-7981 Printing office are among the organizations represented in the Capitol Hill Chapter. Email: [email protected]

TREASURER ANTHONY OGDEN The FBA is dedicated to the advancement of the science of jurisprudence and to Inspector General promoting the welfare, interests, education, and professional development of all attorneys Government Printing Office involved in federal law. The mission of the Capitol Hill Chapter is to bring those bene- Phone: (202) 512-2288 fits to members working on the Hill. To do this we hold monthly luncheons with guest Email: [email protected] speakers on topics of interest and importance to our members. Past speakers have in- SECRETARY cluded Members of Congress, agency heads such as the Comptroller General and the Di- MATTHEW McGHIE Assistant Counsel rector of the Federal Judicial Center, important executive branch officials such as the Senate Office of the Legislative Counsel Inspector General of the Department of Justice, journalists including members of the Su- Phone: (202) 224-6461 preme Court press corps and all 9 Justices currently serving on the Supreme Court. The Email: [email protected] Justices have spoken at our annual Spring lunch at the Supreme Court. This year we plan

IMMEDIATE PAST PRESIDENT to hold a half-day symposium on government ethics that can earn attendees continuing ADAM BRAMWELL legal education credits required by their state bars, and a series of policy breakfasts where Counsel members and guests will be addressed on issues of importance by your fellow lawmak- Secretary of the Senate ers.

If you are an attorney and already a member of the Federal Bar Association in your home state, we hope you will make the Capitol Hill Chapter your FBA home here in Washington. If you have lawyers working in your office, I hope you will recommend the FBA and the Capitol Hill Chapter to them. It will be an excellent way for them to network with other lawyers on the Hill and in D.C. so that they can further help you in your important legislative work. You and they can learn more about the chapter at our website http://www.fbacapitolhill.org.

Again, congratulations and welcome to Capitol Hill. Good luck in meeting the challenges of the coming legisla- tive year and we hope you can make the Capitol Hill Chapter of the FBA part of your life here in Washington.

Sincerely,

Paul S. Vamvas, Esq. President Capitol Hill Chapter Federal Bar Association

1220 North Fillmore Street, Ste 444, Arlington, VA 22201 • 571.481.9100, 571.481.9090 fax • [email protected] • www.fedbar.org Capitol Assets Page 5

R ACE, CLASS, & SOCIAL JUSTICE: A LUNCH WITH KAREN DEW ITT Race, class, and social Martin Luther King and justice were the topics of younger ones replied gay discussion at the Capital rights. DeWitt pointed out Hill Chapter’s March lunch that those disparities are when reporter and civil among the issues tradi- rights activist Karen tional civil rights groups DeWitt was the speaker. have to deal with as they After a career covering plan for the future. these topics at the New As for the election of the York Times, USA Today, Nation’s first African and ABC News, as well as American president, her current work for a ma- DeWitt thought it would jor civil rights coalition, have a mixed effect on civil DeWitt brought to the dis- Karen DeWitt rights as a movement. Too

cussion a long perspective Photo by Richard Litsey many people would see it on the movement’s history as the culmination of the and some sharp insights numbers actually show that struggle, making future into its present and future. most welfare money is action unnecessary. But DeWitt asked the lunch spent on white children even a little thought about guests to do a word asso- and that white women the structural injustices that ciation test that asked what benefit from affirmative still exist in American soci- came to mind when she action programs more than ety, DeWitt said, should said “welfare,” “affirmative any other group. One of dissuade people of that action,” and “civil rights.” the most interesting differ- believe. Most people when asked to ences that came up at the DeWitt’s presentation make those associations lunch was that the associa- and Q&A with the guests said that African Ameri- tion to the term “civil made for a thought pro- cans were the leading bene- rights” varied greatly ac- voking and engaging dis- ficiaries of welfare and af- cording to age. Older cussion that provided some firmative action. But lunch guests said things like light on topics that all too DeWitt stated that the often only generate heat.

N OTABLE NOTES & KUDOS Editor’s Note: “Lieutenant Colonel Cyn- “By the way, I just received We’d love to share your good news thia Rapp, Judge Advocate some very good news, which with the Chapter. Please send sub- General’s Corps, U.S. Army may be of interest to the missions to: [email protected] Reserve, was promoted to Chapter. My daughter Eliza- Colonel on March 13, beth (Libby), who will be a 2009. Cynthia served as an freshman this fall at the Col- Army Judge Advocate for lege of William & Mary, has five years before leaving ac- been awarded the 2009 Earl tive duty to accept her ap- W. Kintner Public Service pointment at the U.S. Su- Scholarship by the Founda- preme Court. She is pres- tion of the Federal Bar Asso- ently the Deputy Clerk at ciation. She received the that Court. Cynthia’s hus- news last evening in a tele- band, Jim, and son, Alex, phone call from David pinned the eagles on her Rosenbaum, the Foundation uniform shoulders.” president.” Colonel Cynthia Rapp - William Suter - Jeff Hennemuth Page 6 Summer, 2009

C HAPTER USES TECHNOLOGY TO R EACH OUT TO YOUNGER MEMBERS In January, the Capitol Hill from the tour of the Capitol The Facebook page was Chapter of the Federal Bar Visitors Center and many created in response to an Association launched its own other recent events. initiative by Chapter Presi- Facebook page. Facebook is Anyone can join Facebook dent Paul Vamvas to extend a popular social networking for free and then “become a the Chapter’s outreach to website with over 175 million member” of the Capitol Hill younger attorneys and to law users worldwide. The Chap- Chapter’s group. As a mem- students. The Facebook ter’s Facebook page contains ber of the group, you have page is maintained by Amy notice of upcoming events, ready access to the informa- Bowser and Jeff McDermott, information about the Chap- tion on the page, as well as the co-chairs of the Chapter’s ter, links to the FBA and the notice of upcoming Chapter Young Lawyers Division Chapter’s websites, and pho- events. If you would like to Committee. tos taken from past Chapter peruse the Facebook page We welcome anyone inter- events. For example, the (even if you are not a mem- ested in the Chapter to be- page exhibits several photos ber of Facebook), you can do come a member of our Face- of last year’s Supreme Court so at: http:// book group! luncheon with Justice Samuel www.facebook.com/ — Jeff McDermott Alito (taken by Chapter board.php? Council member Richard uid=38869778639#/ Litsey), as well as photos group.php?gid=38869778639

E THICS SYMPOSIUM A SUCCESS

With a renewed focus on Moderated by Peg Perl • Anne Weisman, Chief ethics and integrity in gov- (counsel to the House Com- Counsel for Citizens for ernment and the Obama mittee on Standards of Offi- Responsibility and Eth- administration’s ongoing cial Conduct), the faculty for ics in Washington, an efforts to increase transpar- the symposium were: ethics watchdog group. ency, the ethics symposium • Robert Deyling of the In a lively two hour ses- held by the Capitol Hill Administrative Office of sion that included both lec- Chapter on May 29 could the U.S. Courts and ture and Q&A, Perl and the hardly have been more timely Counsel to the Judicial faculty led those attending and useful for those who Conference Committee through the labyrinth of ex- attended. Chapter member on Codes of Conduct. ecutive, congressional, and Peg Perl and Executive • Peter Van Hartesveldt, judicial ethics regulations Council member Chuck Ar- an attorney at Nos- including the new, tougher berg organized the sympo- saman, LLP/O’Connor standards established by the sium and brought to those in and Hannan who ad- Obama administration. Pro- attendance an in-depth and vises on ethics and dis- viding practical and useful well rounded discussion of closure after serving for information on dealing with current issues on this topic. 5 years at the House several problems in this area, Entitled “Professional Committee on Standards the symposium gave the Responsibility for Govern- of Official Conduct. attendees both a better un- ment Attorneys: Conflicts of • Petra Smeltzer, counsel derstanding of what they Interest, Gifts, and Lobby- at O’Melveny & Myers need to think about and ists,” the program featured LLP and an adjunct pro- some tools for doing so. experts on ethical issues and fessor at the George- This year’s symposium processes in all three town University Law was the first of what the branches of the federal gov- Center, where she Capitol Hill Chapter hopes ernment. In particular, the teaches courses on eth- will become an annual event experts compared ethical ics in the federal govern- for the Washington legal rules between branches. ment. community. Capitol Assets Page 7

S AM DONALDSON ON WASHINGTON, P OLITICS, & JOURNALISM

The force of nature that is monopoly on broadcast Johnson administration’s Sam Donaldson blew news, made a lot of money Great Society program for through the Capitol Hill with their entertainment pro- civil rights reform, ending Chapter when the long time gramming, and did not ex- poverty in America, and ABC News correspondent pect their news divisions to other major goals, was the chapter’s luncheon make money. Now, with Donaldson said that the speaker on April 22, 2009. competition from cable tele- Obama agenda was even Drawing on his nearly fifty vision, the internet, social more ambitious in some years of experience covering networking sites, and the ways. He said that President Washington and national rest, everyone in broadcast- Johnson used to say that politics, Donaldson talked ing is scrambling to find a what started to unravel his about the politicians and the way to get an audience and plans was losing his fight for stories he has covered. It make a profit. And newspa- home rule for the District of was part political science pers are no different. Where Columbia. “Because once a class and part performance. front pages stories used be President marches up Capitol On the whole, he said, he about hard news, now they Hill and doesn’t get what he found the people he had are often features. If the wants, there is blood in the covered to be honest and front page does have news water and his opponents feel hardworking politicians moti- stories, they often back into a emboldened.” Donaldson vated by a desire to do what story with a long description worries that Obama may be they thought was best for the about the weather, the sub- trying to do too much and “We usually elect the country. And he said they ject’s mental state, and the could get tripped up by were almost invariably inter- other people in the story. something relatively trivial. people we find interesting. esting. “We usually I mean no one wants to elect the people we find interesting. I spend time with someone mean no one wants boring.” to spend time with someone boring.” Before television became so ubiqui- tous, and the conse- quences of what they said so high stakes, Donaldson said politicians were more interesting on camera as well as off. “Everett Dirk- sen, Russell Long, these men were always interesting.” Now, he noted, they Treasurer Tony Ogden, ABC News Correspondent Sam Donaldson, President Paul Vamvas, Secretary Matt McGhie, and President-Elect T. J. Halstead have all been so reined in by consult- Photo by Richard Litsey ants and advisors that they are afraid to say “You don’t find out until Contrary to a recent story in anything interesting or “off about the sixth paragraph the Washington Post, message” on camera. that the guy was shot and Donaldson made it clear he Donaldson also spoke killed,” Donaldson said. is not retiring and plans to be about the changes in the Donaldson also talked around for some time. news business since he joined about the Obama administra- Watching him hold forth ABC News in 1967. Back tion and its ambitious from the podium in April, it then, the networks had a agenda. Remembering the was easy to believe. Federal Bar Association Capitol Hill Chapter OFFICERS AND COUNCIL MEMBERS

PAUL VAMVAS, President SUSAN SAWTELLE, Government Accountability P.O. Box 75971 [email protected] Past President Office: Washington, D.C. 20013 Assistant Division Director [email protected] Craig H. Winslow for Associate General Counsel Amy R. Bowser FJTN and Video Programs Government Accountability 2008-2009 Chapter President Federal Judicial Center Office Paul Vamvas (202) 502-4266 (202) 512-6417 Library of Congress: Phone: (202) 502-4266 Mary Levering E-mail: [email protected] TERRY HALSTEAD, ADAM BRAMWELL, Elizabeth Pugh President Elect Immediate Past President [email protected] [email protected]. American Law Division gov Supreme Court: www.fbacapitolhill.org Congressional Research Ser- Counsel William K. Suter vice Secretary of the Senate Cynthia Rapp (202) 707-7981 (202) 224-8789

ANTHONY OGDEN, Government Printing Office: Treasurer Alberto Rivera-Fournier [email protected] Council Members: Nicholas Lefevre Inspector General

Government Printing Office (202) 512-2288 House of Representatives: National Judicial Offices: Dan Strodel Jeffrey A. Hennemuth MATTHEW McGHIE, Chuck Arberg Secretary Ellen Sutherland [email protected] Assistant Counsel Senate: At-Large: Senate Office of the Legisla- Joseph Haughey Doreen S. Feldman tive Counsel Richard Litsey Nicole Isaac (202) 224-6461

U PCOMING CHAPTER EVENTS

Happy Hour A luncheon with author A luncheon with David O. Stewart Join fellow Capitol Hill Kathleen McCleery and D.C. Chapter FBA “Impeached - The Trial of Deputy Executive members and guests for President Andrew Producer, happy hour Johnson and the Fight for PBS News Hour Lincoln’s Legacy” For information, contact: Jeff McDermott To RSVP, contact: To RSVP, contact: ([email protected]) or Tony Ogden at Tony Ogden at Amy Bowser [email protected] ([email protected]) [email protected]

Wednesday, June 10, 2009 Wednesday, June 17, 2009 Wednesday, July 8, 2009 5:00 p.m. - 7:00 p.m. 12:00 - 1:30 p.m. 12:00 - 1:30 p.m. Capitol City Montpelier Room, Montpelier Room, Brewing Company, 6th Floor, SW Corner, 6th Floor, SW Corner, 2 Massachusetts Ave. NE Madison Building, Madison Building, (next to Union Station) Library of Congress Library of Congress