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Alice S. Fisher

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Alice Fisher
United States Assistant Attorney General for the Criminal Division
In office
August 31, 2005 – May 23, 2008
PresidentGeorge W. Bush
Preceded byChristopher Wray
Succeeded byLanny Breuer
Personal details
Born
Alice Stevens Biedenbender[1]

(1967-01-27) January 27, 1967 (age 57)
Louisville, Kentucky, U.S.[1]
Political partyRepublican
Spouse(s)W. Clinton Fisher, III[1]
EducationVanderbilt University (BA)
Catholic University (JD)

Alice Stevens Fisher[1] (born January 27, 1967) is an American lawyer and partner at the Washington, D.C. office of Latham & Watkins LLP.[2] Fisher served as Deputy United States Assistant Attorney General for the Criminal Division from 2001 to 2003[3] and as an Assistant Attorney General in the Department of Justice Criminal Division[4][5][6] for three years, from 2005 to May 23, 2008.[7]

In 2010 Fisher was recognized as one of "Washington's Most Influential Women Lawyers" by the National Law Journal[8][9] and was rated among the top 45 women lawyers under 45 in 2011 by The American Lawyer in 2011.[10]

On May 13, 2017, Fisher was interviewed for the post of FBI Director following the dismissal of James Comey by President Donald Trump.[11] Fisher withdrew her name from consideration the week of May 15, 2017.[12]

Education

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From 1985 to 1989 Fisher studied at Vanderbilt University in Nashville, Tennessee where she completed her bachelor's degree. In 1989, she began her studies at the Columbus School of Law (CUA Law) The Catholic University of America, in Washington, D.C. where she earned her J.D. in 1992.[13][14]

Early career

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According to statements at her May 12, 2005 AAG nomination hearing, Fisher graduated from law school in 1992 and then worked for "several years as an associate at Sullivan and Cromwell". Her clients included "corporations in civil litigation". She also represented an inmate on death row in a "habeas corpus appeal".[15][13]

From 2001 to 2003, during the tenure of Michael Chertoff—then-United States Assistant Attorney General for the Criminal Division—who became her "longtime" mentor,[16][Notes 1] Fisher was Deputy United States Assistant Attorney General for the Criminal Division.[3][17][18] By 2005 she had become a partner in Latham & Watkins in Washington, D.C.[19]

Latham & Watkins

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By 2005, Fisher was a partner at the law firm of Latham & Watkins in Washington, D.C.[19] Fisher specializes in "white collar criminal investigations, internal investigations and advising clients on a range of criminal matters",[20] including: international criminal matters relating to alleged bribery under the Foreign Corrupt Practices Act (FCPA) and similar foreign laws; economic sanction and export control issues; and criminal matters such as healthcare fraud, accounting and securities fraud and procurement fraud.[20] Fisher previously served as global co-chair of the firm's white-collar and government investigations practice group.[21][22]

Assistant Attorney General for the Criminal Division

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Fisher with Dick Cheney in 2003

From 2001 to 2003, Fisher was Deputy United States Assistant Attorney General for the Criminal Division.[3]

Fisher served as Assistant Attorney General for the Criminal Division at the Department of Justice (DOJ) for three years—from 2005 until she resigned on May 23, 2008,[23][7][24][3] She served as an Assistant Attorney General during President George W. Bush's second term. She was initially appointed[25] in a recess appointment on August 31, 2005, to head the Criminal Division in the Department of Justice. Fisher was confirmed by the Senate on September 19, 2006 in a 61–35 vote.[5][6]

Nomination, hearing and confirmation

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Fisher was nominated on March 29, 2005, and her nomination was sent to the Senate April 4, 2005. Her nomination was stalled by Michigan Senator Carl Levin over his inquiry into interrogation tactics at the Guantanamo Bay, Cuba, naval facility.[26][27] She was confirmed by the senate on September 19, 2006.[28]

According to an August 15, 2005 The New York Times' article by Eric Lichtblau, Senate Democrats blocked Fisher's confirmation for months because a critical post now vacant for about four months because of concerns over her "possible role in overseeing detention policies at Guantánamo Bay, Cuba".[19] Fisher and the Justice Department say she never took part in such meetings,"[19] According to the Times article, Senator Arlen Specter said "in the interview on Friday [August 12, 2005,] that he had concerns about the depth of criminal prosecution experience at the top of the Justice Department after the departure of" Deputy Attorney General James B. Comey, who left in August 2005 to be Lockheed Martin's new general counsel. Comey had been "a veteran prosecutor in Manhattan...Judiciary Committee members said that for the first time in memory, none of the most senior officials at the Justice Department"—Attorney General Alberto R. Gonzales, Timothy E. Flanigan, Robert D. McCallum, Jr., or Alice Fisher "would have experience as a criminal prosecutor."[19]

Tenure

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One of Fisher's first major investigations at the DOJ was the Jack Abramoff Indian lobbying scandal which dealt with congressional corruption. In January 2006, Fisher announced a deal in which Abramoff, a Republican lobbyist, pleaded guilty to three felonies, including conspiracy to bribe public officials, in return for Abramoff's cooperation in the wide-ranging investigation into congressional corruption.[29]

In 2006, after a four-year investigation, federal prosecutors recommended to Fisher that three top Purdue Pharma executives be indicted on felony charges, including conspiracy to defraud the United States. According to a May 25, 2018 CNBC article, Rudolph W. Giuliani, who was representing Purdue Pharma at the time, held meetings with Fisher. Following these meetings, Fisher "chose not to pursue indictments against Purdue Pharma for their role in opioid abuse.[30]

In Florida in 2008, during the tenure of Fisher as AAG, then U.S. Attorney Alexander Acosta—who was federal prosecutor in Florida at that time—handled the "sex crimes case" of the multimillionaire financier Jeffrey Epstein who had pleaded guilty to soliciting prostitution.[31][32] The lawyers for Epstein's unsuccessfully lobbied Fisher and other DOJ officials to stop the sex crimes prosecution. Epstein's lawyer Ken Starr later sent Fisher a letter appealing the U.S. Attorney's stated intention to notify the victims of an appending plea deal. Starr suggested this appeal was instrumental in stopping the notifications. Fisher said her office did not make any decisions related to victim notification, a decision ultimately made by U.S. Attorney's office.[33]

According to The Washington Post, Fisher's signature initiatives during her tenure included "a crackdown on corporate bribes and a new strategy to attack international organized crime."[34]

Speaking and publications

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Fisher has published articles and spoken on criminal law topics such as the Criminalization of Corporate Conduct,[35] the Foreign Corrupt Practices Act, government investigations, other international compliance issues and the legal industry.[36][37]

Notes

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  1. ^ Leahy said Fisher was Chertoff's "long-time protégé".

References

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  1. ^ a b c d Confirmation hearing on the nominations of Rachel L. Brand, Alice S. Fisher, and Regina B. Schofield to be assistant attorneys general : hearing before the Committee on the Judiciary, United States Senate, One Hundred Ninth Congress, first session, May 12, 2005. 4.J 89/2:S.HRG.109-205 (2005)
  2. ^ "American Law Institute Members: Alice Fisher". The American Law Institute. Archived from the original on October 4, 2019. Retrieved November 4, 2019.
  3. ^ a b c d "Alice S. Fisher". Assistant Attorneys General. DOJ. June 23, 2016. Retrieved July 24, 2019.
  4. ^ Personnel Announcement - White House news release, 31 August 2005
  5. ^ a b U.S. Congress (September 19, 2006). "Executive Session". Congressional Record. 152 (117): S9699–S9714. Retrieved November 22, 2006.
  6. ^ a b "U.S. Senate: U.S. Senate Roll Call Votes 109th Congress - 2nd Session". September 19, 2006. Retrieved July 24, 2019.
  7. ^ a b "DOJ Criminal Division Chief to Step Down", Legal Times, April 30, 2008, retrieved July 23, 2019
  8. ^ "The National Law Journal Names "Washington's Most Influential Women Lawyers"". alm.com. Archived from the original on November 20, 2010. Retrieved July 17, 2012.
  9. ^ Scarella, Mike (June 28, 2010). "Most Influential Women Lawyers". The National Law Journal. Retrieved July 17, 2012.
  10. ^ "45 Under 45 Alice Fisher". The American Lawyer. June 30, 2011. Retrieved July 17, 2012.[dead link]
  11. ^ "Candidates interview for FBI director post". Politico. May 12, 2017. Retrieved July 23, 2019.
  12. ^ Seipel, Brooke (May 20, 2017). "Ex-FBI official withdraws name from consideration to replace Comey: report". The Hill. Retrieved November 11, 2019.
  13. ^ a b United States Committee on the Judiciary (2005). "Biographical information on Alice Stevens Fisher (maiden name Alice Stevens Biedenbender)". Confirmation hearing on the nominations of Rachel L. Brand, Alice S. Fisher, and Regina B. Schofield to be Assistant Attorneys General. Serial No. J-109-19. Washington, D.C.: Government Printing Office. p. 42. 109th Congress 1st Session
  14. ^ Personnel Announcement, White House, March 29, 2005, retrieved July 24, 2019
  15. ^ United States Committee on the Judiciary (2005). "Opening statement of Hon. Sam Brownback, a U.S. Senator from the State of Kansas". Confirmation hearing on the nominations of Rachel L. Brand, Alice S. Fisher, and Regina B. Schofield to be Assistant Attorneys General. Serial No. J-109-19. Washington, D.C.: Government Printing Office. p. 1. 109th Congress 1st Session
  16. ^ Leahy, Patrick (May 12, 2005). "Statement of The Honorable Statement of Senator Patrick J. Leahy". Hearing for Nominees to be Assistant Attorney General for the Criminal Division, the Office of Legal Policy, and the Office of Justice Programs. United States Senate Committee on the Judiciary. Archived from the original (PDF) on March 2, 2007. Retrieved July 23, 2019.
  17. ^ James A. Baker; Alice S. Fisher; Patrick J. Fitzgerald; George Z. Toscas (September 14, 2016), Panel II: National Security and the Rule of Law (PDF), The National Security Division at 10: Past, Present, and Future, Washington, DC, retrieved July 26, 2019{{citation}}: CS1 maint: location missing publisher (link)[dead link]
  18. ^ James A. Baker, Alice S. Fisher, Patrick J. Fitzgerald, George Z. Toscas (September 14, 2016). Panel II: National Security and the Rule of Law (video). The National Security Division at 10: Past, Present, and Future. Washington, DC: CSIS. Event occurs at 43:10. Archived from the original on December 21, 2021. Alice Fisher is the managing partner of the Washington, D.C. office of Latham and Watkins. From 2001 to 2003, Alice was a deputy assistance attorney general for the Criminal Division – my first boss in a leadership role. I was – served as counsel to Alice. And in 2005 she was confirmed by the Senate as assistant attorney general for the Criminal Division, the second woman in history to hold that position...Alice [was] deputy assistant attorney general under Mike Chertoff, who was the AAG in the Criminal Division at the time of 9/11. [Fisher spoke of changes she observed after 9/11 on the Criminal Division changes she saw after the November 2002 decision that upheld the "constitutionality of the PATRIOT Act provision that said that a significant purpose standard could be used
  19. ^ a b c d e Lichtblau, Eric (August 15, 2005). "Tension Builds Between F.B.I. and Congress". The New York Times. Retrieved July 23, 2019.
  20. ^ a b "Alice S. Fisher". lw.com. Retrieved July 17, 2012.
  21. ^ Kashino, Marisa (June 28, 2011). "Legally Speaking: Alice Fisher". Washingtonian. Retrieved July 17, 2012.
  22. ^ Slater, Dan (September 10, 2008). "Latham Hearts the DOJ; Alice Fisher to Rejoin Firm". The Wall Street Journal. Retrieved July 17, 2012.
  23. ^ Johnson, Carrie (May 1, 2008). "Justice Official Who Oversees Cases On Corruption, Fraud Is Quitting". The Washington Post. ISSN 0190-8286. Retrieved July 24, 2019.
  24. ^ "Assistant Attorneys General". DOJ. January 27, 2016. Retrieved July 23, 2019.
  25. ^ "Personnel Announcement" (Press release). August 31, 2005. Retrieved July 24, 2019.
  26. ^ Podgor, Ellen (August 29, 2005). "Most Influential Women Lawyers". White Collar Crime Prof Blog. Retrieved November 12, 2012.
  27. ^ Lat, David (September 20, 2006). "Congratulations to Alice Fisher!". Above The Law. Retrieved November 12, 2012.
  28. ^ U.S. Congress (September 19, 2006). "Executive Session". Congressional Record. 152 (117): S9699–S9714. Retrieved November 22, 2006.
  29. ^ Squeo, Anne Marie (January 1, 2006). "Fisher Shoulders Sweeping Investigation Justice Department Lawyer Managing Abramoff Case Vows to Hold Officials Accountable". The Wall Street Journal. Retrieved July 24, 2019.
  30. ^ Meier, Barry (May 25, 2018). "Origins of an epidemic: Purdue Pharma knew opioids were widely abused". Retrieved January 30, 2019.
  31. ^ Zapotosky, Matt; Merle, Renae; Barrett, Devlin (July 8, 2019). "Jeffrey Epstein charged with federal sex trafficking crimes involving young girls". The Washington Post. Retrieved July 15, 2019.
  32. ^ Weiser, Benjamin; Watkins, Ali (July 15, 2019). "Jeffrey Epstein's Safe Had 'Piles of Cash' and a Fake Passport, Prosecutors Say". The New York Times. ISSN 0362-4331. Retrieved July 15, 2019.
  33. ^ Zagorin, Adam; Schwellenbach, Nick (August 28, 2019). "Overruled: Top Justice Department Appointees Quash Felony Charge Against Monsanto". POGO. Retrieved November 16, 2019.
  34. ^ "Justice Official Who Oversees Cases On Corruption, Fraud Is Quitting". The Washington Post. May 1, 2008. ISSN 0190-8286. Retrieved September 7, 2020.
  35. ^ "Fisher: Corporate Criminal Liability". Northwestern University. Archived from the original on December 21, 2021. Retrieved July 17, 2012.
  36. ^ "Government Investigations for Life Sciences". American Conference Institute. Retrieved July 17, 2012.
  37. ^ "The 2012 Forecast". The National Law Journal. January 16, 2012. Retrieved July 17, 2012.
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Legal offices
Preceded by Assistant Attorney General for the Criminal Division
2005–2008 		Succeeded by
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