The President, The Press, Mueller, and Impeachment

Saturday, January 25, 2020 | The Williamsburg Lodge | Williamsburg, VA

CONTINUING Written Materials LEGAL EDUCATION

A presentation of The Virginia Bar Association's Criminal Law Section, Committee on Special Issues of National & State Importance, the UVA Center for Politics, and VirginiaCLE The President, The Press,

Mueller, and Impeachment PRESENTERS

William A. Burck

William “Bill” Burck is Co-Managing Partner of the Washington, D.C. office of Quinn Emanuel Urquhart & Sullivan, LLP and Co-Chair of the Investigations, Government Enforcement and White Collar Criminal Defense Practice. Mr. Burck, who is a member of the Washington, D.C. and New York Bars, is also resident in the New York office. Mr. Burck is recognized by The New York Times as “one of the country’s top lawyers” and was named the “D.C. White Collar Crime & Government Investigations Lawyer of the Year” for 2019 by Chambers USA, the world leader in lawyer rankings (Chambers also annually ranks Mr. Burck among the top band of white collar lawyers in Washington, D.C.). He has been named for four consecutive years as a top five white collar defense lawyer in the U.S. by Law360, an unprecedented achievement. Benchmark Litigation has named Mr. Burck the “White Collar/Investigations/ Enforcement Lawyer of the Year,” noting he is lauded by peers as “the best of the best” and one of the country’s top trial lawyers. Mr. Burck is co-leader of the practice that has been named, amongst other accolades, “Transatlantic Investigations Team of the Year” by The American Lawyer, “White Collar Practice of the Year” four years in a row by Law360, and “Most Impressive Investigations Practice of the Year” by Global Investigations Review.

The international media has called Mr. Burck an expert in cross-border cases, and he is described by leading legal periodicals as a “very charismatic trial lawyer,” a “great strategist in adversarial proceedings,” and a “Trailblazer” in white collar defense and corporate investigations. Additionally, Chambers USA notes that Mr. Burck is described as “masterful, passionate and articulate” in the courtroom and is praised for his “appropriate sensitivity to client needs and objectives.” Chambers USA further states Mr. Burck is an “extraordinary advocate” who “has a fantastic reputation and he's involved in virtually every large white-collar case that comes out,” adding that "he's always up to speed, tactical and is a very impressive guy." The national press has further described his advocacy for clients as “brilliant, asymmetrical defense.”

Mr. Burck is a trial lawyer who represents companies, boards of directors and senior executives in investigations, sensitive matters, corporate crises, litigation and other disputes involving the federal and state governments of the United States (including the Department of Justice, the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Federal Trade Commission (FTC), District Attorney’s Offices, State Attorneys General, other law enforcement and regulatory agencies, and the United States Congress) and governments of Europe, the Middle East, Asia and Africa.

Mr. Burck’s practice focuses on solving clients’ most difficult legal and regulatory challenges, whether in the context of civil, criminal, congressional or parallel probes. He advises clients on a host of white collar matters, including: financial crimes; the Foreign Corrupt Practices Act (FCPA); Congressional investigations; political issues; antitrust and market manipulation matters; the securities laws; whistleblower cases; the False Claims Act; government contracting; Dodd-Frank regulatory issues; transnational tax investigations; export controls; and national security and defense. Mr. Burck has considerable experience defending clients in multi-jurisdictional

The biographical information is provided by the speakers or collected from their websites. investigations and litigation conducted cooperatively by United States, European, Middle Eastern, Asian and African government authorities.

Mr. Burck is former Special Counsel and Deputy Counsel to President George W. Bush in Washington, D.C., and a former federal prosecutor in New York City. In his role as a senior official at the White House, Mr. Burck provided legal advice to the President and senior White House officials on a wide range of issues, including congressional and other government investigations, national security and foreign affairs, the financial crisis of 2008 and complex constitutional questions. During his time as a senior official in the Criminal Division of the Department of Justice and as an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of New York, Mr. Burck investigated and prosecuted a variety of white collar and other criminal cases. He was a member of the trial team in United States v. Martha Stewart, and was lead prosecutor in a number of jury trials.

Hon. Richard Cullen

Richard Cullen is a senior partner in the Government Investigation & White Collar Litigation department at McGuireWoods LLP, where he was Chairman from 2006-2007.

Richard has extensive experience representing individuals and corporations in investigations conducted by the U.S. Department of Justice, state attorneys general and local prosecutors. He is frequently called on to conduct confidential internal investigations to assist corporations in assessing the risk of criminal prosecution or regulatory enforcement. Among his recent clients are Vice President Mike Pence, The Boeing Company, Sepp Blatter of FIFA and the parents of Otto Warmbier.

Richard gained a broad perspective on law enforcement from his service in both federal and state government. From 1997-98, Richard was Attorney General of Virginia. In 1991, President George H. W. Bush appointed him U.S. Attorney for the Eastern District of Virginia. Richard also served as special counsel to U.S. Senator Paul Trible (R-VA) during the Iran-Contra investigation and before entering law school was press secretary to Representative M. Caldwell Butler (R-VA) during the Watergate investigation.

Emmet T. Flood, IV

Emmet Flood represents individuals, corporations and professional services firms in complex white-collar matters, Congressional investigations, professional liability disputes, and other high-stakes litigation and crisis situations. He has tried criminal and civil cases in state and federal courts and in arbitration, and has represented clients in investigations conducted by grand juries, Independent Counsel and Special Counsel, multiple federal agencies, state agencies and attorneys general, and the U.S. Senate and House of Representatives.

In October 2019, Emmet returned to Williams & Connolly after serving as Special Counsel to President Donald J. Trump in connection with the investigation conducted by Robert S. Mueller III. From October to December 2018, he also served as White House Counsel.

In his civil practice, Emmet has served as lead plaintiffs’ counsel in trial court matters involving trusts and estates, ERISA, takings, and professional malpractice, and as defense counsel in complex commercial, securities, professional liability, regulatory and tax matters. He has

The biographical information is provided by the speakers or collected from their websites. represented religious institutions in litigation involving the First Amendment’s Establishment and Free Exercise Clauses, and has handled many domestic and international arbitrations and related litigation. Emmet has also argued numerous appeals in federal and state appellate courts.

Born in Chicago, Illinois, Emmet grew up in two Chicago suburbs, Oak Park and Riverside. He graduated from the University of Dallas, magna cum laude, in 1978, then spent a year teaching English in a Dallas high school before enrolling in graduate school at the University of Texas at Austin, where he received his Ph.D. in philosophy in 1986. Emmet continued as a post-doctoral fellow at Wesleyan University before entering Yale Law School, where he received his J.D. and was Executive Committee Coordinator of the Yale Law Journal. Emmet clerked for Judge Ralph K. Winter, Jr. of the U.S. Court of Appeals for the Second Circuit, and for Associate Justice Antonin Scalia at the Supreme Court of the United States before joining Williams & Connolly in 1994.

In early 2007, Emmet left the firm to become Special Counsel and later Deputy Counsel to President George W. Bush. In that role he was charged with formulating and executing the White House and wider Administration response to more than 700 Congressional and other investigations and inquiries addressed to the Executive Branch.

Rosalind S. Helderman

Rosalind S. Helderman is an investigative reporter for the national political staff of The Washington Post. A reporter for The Post since 2001, Rosalind has helped cover two presidential elections and the U.S. Congress, as well as local news in Virginia and Maryland. She was part of a team of reporters awarded the Pulitzer Prize in 2018 for coverage of Donald Trump and Russia. She is also a two-time recipient of the Polk Award for investigative reporting, including for her coverage of former Va. Gov. Bob McDonnell. She is the co-author of the supplementary material that accompanied the Post's publication of The Mueller Report and wrote the text of the recently released Mueller Report Illustrated. She grew up in Nashville, Tennessee and is a graduate of Harvard University.

Dr. Larry J. Sabato

Dr. Larry J. Sabato is a New York Times best-selling author, has won four Emmys, and is recognized as one of the nation’s most respected political analysts. He appears multiple times a week on national and international TV, including FOX, CNN, MSNBC, and CNN International. A Rhodes Scholar, Dr. Sabato is the founder and director of the University of Virginia’s Center for Politics, and has had visiting appointments at Oxford and Cambridge universities in England. Dr. Sabato is the author or editor of two dozen books on American politics. He has taught over 20,000 students in his 40-year career, and the University of Virginia has given him its highest honor, The Thomas Jefferson Award. Next year Sabato will celebrate his 50th year of association with the University of Virginia.

Dr. Sabato is the editor and lead author of the recent book, "The Blue Wave," which explores the 2018 election and its outcome.

Professor Sabato heads up Sabato’s Crystal Ball, which has won numerous awards. The Pew Charitable Trust recognized the Crystal Ball as the #1 leader in the field of political prediction, and The Daily Beast designated it as one of the top political sites on the web. A thorough statistical

The biographical information is provided by the speakers or collected from their websites. analysis of all 2018 prognosticators found that the Crystal Ball was the best (Nate Silver of 538.com was second).

Dr. Sabato has received four Emmys for the PBS television documentaries “Out of Order”, which highlights the dysfunctional U.S. Senate, “The Kennedy Half-Century”, which examines the life, assassination, and lasting legacy of President John F. Kennedy, “Feeling Good About America,” which looks at the 1976 presidential election, and “Charlottesville,” which looks at the events in the titular city during August 11 and 12, 2017.

Prof. Sabato is very active on social media. His Twitter feed (@LarrySabato) was named by Time Magazine as one of the 140 best.

Michael S. Schmidt

Michael S. Schmidt is a Washington correspondent for The Times who covers national security and federal investigations. He was part of two teams that won Pulitzer Prizes in 2018 — one for reporting on workplace sexual harassment issues and the other for coverage of President Donald Trump and his campaign’s ties to Russia.

For the past year, Michael’s coverage has focused on Robert S. Mueller III's investigation into Mr. Trump's campaign and whether the president obstructed justice.

From 2012 to 2016, Michael covered the F.B.I., Department of Homeland Security and the Pentagon. Michael spent 2011 in Iraq chronicling the last year of the American occupation. From 2007 to 2010, he covered doping and off-the-field issues for the sports section. He started his career at the Times in 2005 as a clerk on the foreign desk.

Michael has broken several high profile stories. Among them was that former F.B.I. director, James B. Comey, wrote a series of memos on how the president asked for his loyalty and tried to interfere with the F.B.I.'s investigations. Mr. Mueller was appointed after those disclosures. Michael was first to reveal the fact that Hillary Clinton exclusively relied on a personal email account when she was secretary of state. In sports, he broke the stories that Sammy Sosa, David Ortiz and Manny Ramirez had tested positive for performance-enhancing drugs and wrote about the treatment of young baseball players in the Dominican Republic who were exploited by American investors and agents.

In 2017, Michael co-authored the stories that outlined how the former Fox News host, Bill O'Reilly, paid off a series of women who made sexual harassment allegations against him. For that coverage, he won the Livingston Award for national reporting, which recognizes the best work of journalists under the age of 35.

Michael is a graduate of Lafayette College.

The biographical information is provided by the speakers or collected from their websites.