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U.S. attorney leading inquiry of ex-D.C. mayor Gray to step down U.S. attorney leading inquiry of ex-D.C. mayor Gray to step down
(about 7 hours later)
U.S. Attorney Ronald C. Machen Jr. announced Monday he will step down April 1 and return to private practice, ending his tenure as the longest-serving chief federal prosecutor for the District of Columbia in nearly four decades. U.S. Attorney Ronald C. Machen Jr. announced Monday that he will step down April 1 and return to private practice, ending a tenure that has made him the longest-serving chief federal prosecutor for the District of Columbia in nearly four decades.
The Justice Department named Machen’s top assistant, Vincent H. Cohen Jr., as acting U.S. attorney. Machen oversaw a steady expansion of the U.S. Attorney’s Office’s reach into national security and financial fraud cases in his five years in office, and he devoted significant new resources to pursuing cold cases and potential wrongful convictions.
In a written statement, U.S. Attorney General Eric H. Holder warmly praised Machen’s “consummate judgment” and outstanding results in violent crime, national security and public corruption prosecutions. But his time as top prosecutor in the nation’s capital was dominated by the aggressive pursuit of local public corruption — leading to the convictions of dozens of government officials and employees, including three former D.C. Council members. Still, his legacy remains uncertain, as his top target, former mayor Vincent C. Gray (D), remains uncharged after a four-year-long investigation.
Machen’s five-year tenure has been defined largely by his office’s prosecution of corruption cases involving District politics. But the top target, former mayor Vincent C. Gray, has not been charged after a four-year-long investigation that has led to multiple convictions against former campaign aides.
[The investigation of Vincent Gray][The investigation of Vincent Gray]
Machen has stood before television cameras, insisting that Gray’s 2010 mayoral campaign was corrupt, and prosecutors publicly accused Gray of knowledge of the wrongdoing. As television cameras rolled, Machen has declared Gray’s 2010 mayoral bid corrupt, while prosecutors publicly accused Gray of participating in a “shadow” campaign to illegally funnel $660,000 into his get-out-the-vote effort. Gray has called the allegations “lies.”
Unless Gray is charged in the next two weeks, Machen will leave office with the case unresolved.Unless Gray is charged in the next two weeks, Machen will leave office with the case unresolved.
D.C. Council member Mary M. Cheh (D-Ward 3), said without answers in the Gray probe, Machen’s legacy “will be forever marred.” Council member Mary M. Cheh (D-Ward 3), said whatever the outcome for Gray, Machen’s record will be “forever marred” by his handling of the mayor. Cheh was among the first elected officials who called on Gray to resign because of the investigation.
“It’s one thing to have somebody under investigation and pursue matters diligently, but it’s quite another, I think, to allow a cloud like that to exist for years,” said Cheh, who is also a professor of criminal and constitutional law at George Washington University.“It’s one thing to have somebody under investigation and pursue matters diligently, but it’s quite another, I think, to allow a cloud like that to exist for years,” said Cheh, who is also a professor of criminal and constitutional law at George Washington University.
“We looked for his office for some sort of clarity,” she said. “And all we got were unproven allegations, no charges.” Current and former Justice Department officials and prosecutors said they expected little disruption in the investigation because Machen’s top assistant, Vincent H. Cohen Jr., has served as the point-person in coordinating the probe and will take over as acting U.S. attorney.
Machen made no mention of the Gray investigation in his announcement, but has told associates in the office — the largest U.S. attorney’s office in the country with more than 300 attorneys — that the inquiry is bigger than any single person. Colleagues said they expected little disruption in the case because Cohen has served as Machen’s point-person in coordinating the investigation. Robert S. Bennett, Gray’s attorney, declined to comment on Machen’s resignation, but he reiterated Monday that he thinks the investigation should be ended without charges against his client.
Robert S. Bennett, Gray’s attorney, declined to comment on Machen’s resignation or the status of the campaign investigation. But he said Monday that he believes the probe should be ended without charges against the mayor. “I am hopeful that this investigation will finally be closed because the mayor is innocent of all allegations of wrongdoing,” Bennett said. Many Gray supporters have blamed the investigation for the former mayor’s April 1 loss in the primary to rival Muriel E. Bowser (D), who went on the claim the mayoralty.
“I am hopeful that this investigation will finally be closed because the mayor is innocent of all allegations of wrongdoing,” Bennett said. Neil H. MacBride, U.S. attorney for the Eastern District of Virginia from 2009 to 2013, said no one should draw conclusions about the effect of Machen’s departure on the Gray investigation, or any other pending case, particularly because his top deputy remains in charge.
Machen’s resignation is to take effect at a portentous time in the Gray investigation — exactly one year after Gray was defeated for re-election in a Democratic primary, days after Machen’s office announced a central figure in the case, businessman Jeffrey E. Thompson, would plead guilty to conspiracy charges. Prosecutors alleged that Thompson pumped hundreds of thousands of dollars into an unreported “shadow campaign” with Gray’s knowledge. “In offices like D.C. . . . the sun truly never sets on the pipeline of ongoing investigations or charged cases,” MacBride said. MacBride recalled that on his first day in office, a memo regarding the prosecution of Sept. 11 mastermind Khalid Sheik Mohammed required immediate attention. While MacBride was preparing to leave his post, his office had just charged National Security Agency contractor Edward Snowden, and the investigation into then-Virginia governor Robert F. McDonnell (R) was still underway.
At that time, Machen saying he expected Thompson’s plea to lay bare more about corruption in the mayor’s 2010 campaign and many others. “I promise you, we are not going away,” he said at the time. In an interview, Machen, 45, proudly cited accomplishments while heading one of the of the largest U.S. Attorney’s offices in the country, with more than 300 attorneys. He defended his office’s actions in the Gray matter and said that the timing of his announcement was driven solely by “personal circumstances.”
Gray’s supporters blamed the Thompson charges as being primarily responsible for the former mayor’s April 1, 2014 loss to rival Muriel E. Bowser, who went on the claim the mayoralty. “People can say what they want to say, but it would be a mistake to assume that our office is going to back down on public corruption because I’m leaving,” Machen said. “Personal circumstances are driving my departure, not anything related to the investigation of the 2010 mayoral race.”
In September, Machen’s deputies offered Gray a plea deal through Bennett, who refused the deal. But there have been no outward developments in the investigation since; several figures who have already pleaded guilty to crimes, including Thompson, have had their sentencings repeatedly delayed. Associates said Machen, who is married and has three sons, including two who are school-age, is likely to return to his old law firm, WilmerHale, where, they said, compensation exceeding $1 million is not unusual. By comparison, the U.S. attorney for the District earns $158,700 a year, less than first-year associates at major firms.
Machen’s move coincides with Holder’s expected departure this week, pending Senate confirmation of his successor, attorney general nominee Loretta B. Lynch. Associates said Machen’s decision was unrelated. Indeed, as early as 2012, Machen has denied rumors that he had expressed interest in returning to private practice. “I actually thought I was going to leave over a year ago, but the timeline kept getting extended. I then thought I would leave at the end of 2014, and that got extended,” Machen said. “It’s really not fair to my family. . . . I’ve broken promises to them for a while, and I need to start keeping them.”
“Ron has never been deterred by a difficult challenge, nor slowed in his pursuit of a safer, stronger Washington,” said Holder, a longtime mentor who was the District’s U.S. attorney who first hired Machen into the office in 1997. “I see in him now the exceptional qualities that I saw in him then: unassailable integrity, relentless determination, and a passion for law and justice. Machen was nominated by President Obama and sworn in to the post in February 2010. He surprised some by continuing for a second term. By April, Machen will have served longer as U.S. attorney in the District than anyone since 1979, when Earl J. Silbert, one of the original prosecutors of the Watergate scandal, stepped down.
Machen, 45, was nominated by President Obama and sworn in in February 2010. He surprised some by staying on for a second term. By April, Machen will have served longer as U.S. attorney in the District than anyone since 1979, when Earl J. Silbert, one of the original prosecutors of the Watergate scandal, stepped down. Machen’s move coincides with U.S. Attorney General Eric H. Holder Jr.’s expected departure this week, pending Senate confirmation of his successor, Loretta B. Lynch, but several officials said the timing was unrelated.
Machen played wide receiver as a walk-on at Stanford University. Upon graduation, he contemplated going on scholarship to the University of Michigan’s law school. But his father told him not to settle for the prestigious Big Ten university, and he went to Harvard instead. “Ron has never been deterred by a difficult challenge nor slowed in his pursuit of a safer, stronger Washington,” Holder, a longtime mentor who was the District’s U.S. attorney who first hired Machen into the office in 1997, said in a written statement. “I see in him now the exceptional qualities that I saw in him then: unassailable integrity, relentless determination, and a passion for law and justice.”
Machen worked from 1997 to 2001 as a federal prosecutor in the District, the only federal office that prosecutes local as well as federal crimes. He joined and made partner at the law firm now called WilmerHale, donating more than $4,000 to Obama’s campaigns and helping vet potential vice presidential candidates in 2008. Machen played wide receiver as a walk-on at Stanford University. Upon graduation, he contemplated attending the University of Michigan’s law school on scholarship. But his father told him that he would be settling if he went to the prestigious Big Ten university, so he went to Harvard instead.
“After more than five years as United States Attorney, it is time for me to step down,” Machen said in a statement released after he met with senior staff earlier Monday. “I am proud of the work we have done together to achieve justice in the courthouse and to build bonds of trust with the community that we serve.” Machen worked from 1997 to 2001 as a federal prosecutor in the District, the only federal office that prosecutes local and federal crimes. He went on to join and made partner at the law firm now called WilmerHale, and he donated more than $4,000 to Obama’s campaigns and helped vet potential vice presidential candidates in 2008.
Machen’s office pointed to its growing portfolio of national security and public corruption cases as top successes, as well as prosecutions of scores of violent offenders and recovery of more than $2 billion from financial firms in fraud and money laundering investigations. Machen’s office pointed to its growing portfolio of national security and public corruption cases as top successes, as well as prosecutions of scores of violent offenders and the recovery of more than $2 billion from financial firms in fraud and money laundering investigations.
For example, the office was tapped to lead the pending federal prosecution of Ahmed Abu Khattala, suspected ringleader of the 2012 attacks in Benghazi, Libya that killed a U.S. ambassador and three other Americans. For example, the office was tapped to lead the pending federal prosecution of Ahmed Abu Khattala, suspected ringleader of the 2012 attacks in Benghazi, Libya, that killed a U.S. ambassador and three other Americans.
District prosecutors also secured the conviction of four Blackwater Worldwide guards last fall in the Sept., 2007, shootings of 31 unarmed Iraqis in Baghdad’s Nisour Square; and of Julian Zapata Espinoza, the Mexican drug cartel commander who pleaded guilty in 2013 to ordering an ambush that killed U.S. immigration agent Jaime Zapata in Mexico. District prosecutors also secured the conviction of four guards at the former Blackwater Worldwide this past fall in the Sept. 2007 shootings of 31 unarmed Iraqis in Baghdad’s Nisour Square; and of Julian Zapata Espinoza, the Mexican drug cartel commander who pleaded guilty in 2013 to ordering an ambush that killed Jaime Zapata, a U.S. immigration agent, in Mexico.
But controversy followed the office’s handling of other security-related cases, including the prosecution of Donald Sachtleben, a former FBI bomb technician and contractor who in 2013 admitted leaking information about a disrupted terrorist bomb plot to the Associated Press.But controversy followed the office’s handling of other security-related cases, including the prosecution of Donald Sachtleben, a former FBI bomb technician and contractor who in 2013 admitted leaking information about a disrupted terrorist bomb plot to the Associated Press.
After that case — in which investigators subpoenad two months of call records of 20 lines used by AP — and others involving reporters for the New York Times, CBS, and Fox News, Holder and President Obama publicly announced a review of Justice Department guidelines for investigations that involve journalists, and Holder called the handling of the Fox case his biggest regret. After that case — in which investigators subpoenaed two months of call records of 20 lines used by the AP and others involving reporters for the New York Times, CBS and Fox News — Holder and Obama publicly announced a review of Justice Department guidelines for investigations that involve journalists, and Holder called the handling of the Fox case his biggest regret.
Among D.C. Superior Court cases, highlights under Machen included the 2010 trial and conviction of Ingmar Guandique in the death of federal intern Chandra Levy. That case is being heard on appeal.Among D.C. Superior Court cases, highlights under Machen included the 2010 trial and conviction of Ingmar Guandique in the death of federal intern Chandra Levy. That case is being heard on appeal.
Most recently, he oversaw the plea deal of a Modern Orthodox rabbi, Barry Freundel, who pleaded guilty to 52 counts of voyeurism last month. Freundel was charged with secretly videotaping nude women as they prepared for a ritual bath.
Machen also oversaw the convictions of the five men charged with the 2010 South Capitol Street shootings that left four people dead and six others injured. Six men were convicted in those shootings.Machen also oversaw the convictions of the five men charged with the 2010 South Capitol Street shootings that left four people dead and six others injured. Six men were convicted in those shootings.
Most recently, he oversaw the plea deal of Modern Orthodox rabbi Barry Freundel who pleaded guilty to 52 counts of voyeurism last month. Freundel was charged with secretly videotaping dozens of nude women as they prepared for a ritual bath. Machen’s office has also led community outreach and youth engagement initiatives.
Machen’s office has also led community outreach and youth engagement initiatives, and launched units to address cold cases, potential wrongful convictions and cyber-crimes. He created the new conviction integrity unit in response to a string of recent DNA exonerations, involving flawed FBI forensic work in decades-old cases. His office also cast light on what it called mistakes by the District’s DNA lab and moved to clean up cases tainted by an FBI agent working with a D.C. police narcotics task force who allegedly tampered with evidence.
The cold case unit, created in 2010, dedicated some of the office’s most senior homicide prosecutors to cases more than eight years old. Carol D. Leonnig contributed to this report.
Machen created the new Conviction Integrity Unit in response to a string of recent DNA exonerations, most of them uncovered by the Public Defender Service, involving flawed FBI forensic work in decades-old cases. His office also cast light on what it called mistakes by the District’s DNA lab, and moved to clean up cases tainted by an FBI agent working with a D.C. police narcotics task force who allegedly tampered with evidence.
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