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Democrat stalwart said to be U.S. attorney nominee

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The U.S. Attorney's Office in Southern District of Indiana has been without a presidentially appointed U.S. attorney for more than two years - an extraordinarily long stretch for a position that usually can be filled in half that time.

Political watchers point to President Barack Obama's taking longer than his past two predecessors to fill the nation's top 93 federal prosecutor appointments. In the Northern District of Indiana, the president nominated acting U.S. Attorney David Capp in late December to fill that district's vacancy. Capp has been interim U.S. Attorney since July 2007 when then U.S. Attorney Joseph Van Bokkelen joined the District Court. His nomination is still awaiting confirmation. But in Indianapolis, another factor is contributing to the delay.

Sources said high-profile trial lawyer Linda Pence in October withdrew her candidacy, which was fronted by Democratic Sen. Evan Bayh, several months into the routine, yet extensive, vetting process.

Now the frontrunner for the post is Joe Hogsett, another Indianapolis lawyer, according to sources including Ed Treacy, chairman of the Marion County Democratic Party.

Neither Pence nor Hogsett would discuss details of their nominations, which they refused to even acknowledge.

Pence, who practices at the Indianapolis office of Cincinnati-based Taft Stettinius & Hollister, is a veteran white-collar criminal litigator. Her credentials include working at the Department of Justice from 1974 to 1983.

Hogsett, a partner at Indianapolis-based Bingham McHale, served as Indiana Secretary of State from 1989 to 1994, and was chief of staff for then-Gov. Bayh from 1995 to 1997.

"I think either one of them would make an excellent U.S. attorney," Treacy said. "Hopefully, they can get something done soon."

Because Bayh is foregoing an attempt at re-election in November, Treacy and other political insiders think a new U.S. attorney in Indianapolis could be named before he leaves office. Bayh gets to submit a candidate to the president because he's Indiana's senior senator belonging to the party occupying the White House. Phone calls to Sen. Bayh's office in Washington, D.C., were not returned.

After Obama's first year in office, just a third of his nominations had been confirmed by Congress, compared with more than half at roughly the same time under former presidents Bill Clinton and George W. Bush.

"One might expect things to move more quickly, but this president has been slower to nominate U.S. attorney positions," said David Orentlicher, a former state representative and professor at Indiana University School of Law - Indianapolis.

Both Orentlicher and Treacy attributed some of the cause for the delay to partisan politics.

"Because of the difficulty of the Republicans in the Senate holding everything up, that it would take such a long time to get done, [Pence] withdrew her name from being considered," Treacy said.

Senate-confirmed appointments to Department of Justice offices, particularly U.S. attorneys, are political in nature. They serve under the direction of the Attorney General and conduct most of the trial work in which the United States is involved. That includes the prosecution of criminal cases brought by the federal government, and the prosecution and defense of civil suits. Yet they really don't set policy but follow the strategies deemed important by the new administration, former U.S. Attorney Susan Brooks said.

In Indianapolis, the U.S. attorney manages a staff of about 80, including roughly 30 lawyers.

The Southern District has been without a presidentially appointed U.S. attorney since Brooks left in October 2007, about a year before Obama was elected president. Given the short time remaining before the election, political experts said it wouldn't have made much sense for Bush to nominate a successor.

Brooks, now general counsel and vice president of work force and economic development at Ivy Tech Community College, can appreciate what Pence endured.

Background checks conducted by the Justice Department and Federal Bureau of Investigation are quite extensive and typically comb through a candidate's past dating to his or her college years.

Criminal, political and financial histories are explored, as well as even the views expressed in written documents, said Brooks, whose nomination took 10 months to get confirmed in October 2001.

Brooks doesn't fault former President Bush for failing to recommend a replacement for her. But the time that has elapsed without a permanent U.S. attorney is "what's getting long now," she said. Such an extended period of time without a permanent replacement can create uncertainties, said John Maley, a partner at Indianapolis-based Barnes & Thornburg, who has a large federal practice. "It's not something that you would want to leave open indefinitely," he said, "just in terms of continuity and expectations and those types of things."

Moreover, having an interim U.S. attorney likely means the staff is short one lawyer, who is filling the position, Maley said.

That person would be Tim Morrison, a 20-year veteran of the Department of Justice, who has served as interim U.S. attorney twice before - in October 1993, and from February 2000 to October 2001. Morrison, who declined to specify a political slant, said he's not interested in being nominated for the job. "Politics has nothing to do with it," he said. "It's because I want to stay." U.S. attorneys are prevented from working in any position in the offices after they have finished serving. Morrison, like many of the lawyers on staff, boasts several years of federal legal experience. Newly appointed U.S. attorneys typically are prohibited from replacing staff, making turnover rare despite the enticements of a more lucrative private practice.

"They stay there because they love the work," Brooks said. "I think they love the fact that their client is the United States of America."

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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