Eid was elected editor-in-chief of the student newspaper,The Stanford Daily,and met his future wife,Allison Hartwell,while standing in line at a dorm cafeteria,where she was working as a food-service worker.[2] Eid graduated in 1986 and,along with Hartwell,attended the University of Chicago Law School,where he earned his Juris Doctor in 1991.[2]
Career
Eid is admitted to practice law in Colorado and the Navajo Nation,and his legal practice has focused on environmental,natural resources and federal Indian law. He was elected to membership in the American Law Institute,[3] and has been recognized as one of the country's top practicing attorneys in both American Indian Law and environmental law by Chambers USA[4] and was named by The Denver Post as one of 2007's "People to Watch".[5] He passed the Navajo Nation bar examination in 2005 and now chairs the Committee on Training for the Navajo Nation Bar Association,which is responsible for legal education and the semi-annual bar exam on the country's largest Indian reservation.[citation needed]
Eid served as a law clerk to Edith Jones,Chief Judge of the Fifth U.S. Circuit Court of Appeals before entering private law practice in 1992 at Holme Roberts &Owen in Denver.[4] From 1994 to 1999,Eid served as general counsel and chief operating officer of the National Information Infrastructure Testbed,an Internet technology research consortium formed to prototype advanced Internet applications in such areas as manufacturing,health care and environmental protection.[4] In his capacity with the consortium,Eid directed engineering teams in North America,Europe and Asia.[3]
Cabinet of Bill Owens
From 1999 to 2003,Eid served in the cabinet of then-Colorado GovernorBill Owens. Owens first appointed him chief legal counsel,where he oversaw the appointment of 34 state judges. Eid also served as executive director for the Department of Personnel &Administration,where he was responsible for Colorado's workforce of 70,000.[4] Within days of the 1999 Columbine High School massacre,Eid was chosen to head an independent commission reviewing the Jefferson County law enforcement response.[2] He also chaired the Colorado State's Board of Ethics,served on more than a dozen state boards during his time in Owens' cabinet[4] and eventually served as chief administrative officer for Colorado's $13-billion state government.[3] Owens described Eid as a model of integrity and uprightness while serving on the cabinet,and said of his work during that time,"It's a trial by fire,and when you survive it,typically it means you're going to be a very good lawyer."[2] In recognition of his reforms to the state personnel system,Eid –who co-chaired a statewide commission with former Colorado Governor Richard D. Lamm (D) focused on the future of the state workforce –was awarded the "Outstanding Governmental Official of the Year Award" by both the Denver Hispanic Chamber of Commerce and the U.S. Hispanic Chamber of Commerce in 2003.[4]
U.S. Attorney
When Colorado U.S. Attorney John Suthers was appointed the state's attorney general in December 2004,Eid was considered for his replacement,along with Larimer County District Attorney Stu VanMeveren and Arapahoe County District Attorney Jim Peters.[6] Eid withdrew his name from consideration in January 2006,claiming the 13-month selection process was taking too long.[7] Eid also withdrew in part because his wife,Allison Eid,was under consideration for the Denver-based Tenth U.S. Circuit Court of Appeals;the appointment would have created a conflict of interest since the U.S. Attorney oversees cases that often end up in the circuit court.[8] Eid denied that his withdrawal had anything to do with Jack Abramoff,who had recently been fired from Greenberg Traurig and who was later sentenced to serve five years and ten months in prison on numerous fraud convictions. Eid insisted the fact that he had been selected for an internal ethics committee at the firm indicated that he didn't "have an Abramoff problem."[7]
After withdrawing,Eid announced he would run for an at-large seat on the University of Colorado Board of Regents. In March 2006,Allison Eid was appointed Associate Justice on the Colorado Supreme Court,which removed the potential conflict because the U.S. Attorney does not get involved in state court matters. By that time,VanMeveren and Peters had also been removed from consideration for U.S. Attorney. When the White House asked for three more names,SenatorWayne Allard recommended only William Leone,[6] who had been serving as acting U.S. Attorney since January 1,2005.[3] Leone,however,had been placed on a list of U.S. Attorneys to be fired for political reasons by Kyle Sampson,Chief of Staff to Attorney GeneralAlberto Gonzales,[9] and the White House instead asked Eid to reconsider.[6] White House officials did not consider any other candidates besides Eid,[8] who suspended his campaign for the University of Colorado Board of Regents in order to accept the U.S. Attorney position.[10]
Eid was appointed to the position by President George W. Bush on June 9,2006,[3] making him the 41st United States Attorney for the state of Colorado and the first Arab-American ever appointed to serve as a U.S. Attorney.[4] Eid,who said he was "totally stunned"[6] by the invitation,was unanimously confirmed by the United States Senate on August 4,2006. He served as Colorado's chief federal criminal prosecutor and represented the United States in civil cases where the government was party to a lawsuit.[3] When Eid started the position with about 2,500 civil and criminal cases among 120 people,which he described as one of the heaviest caseloads outside of Washington,D.C.[5] In addition to the cases,Eid said his priorities upon assuming the office were enforcing immigration laws,cracking down on drug trafficking,and creating a cyber-crime unit to fight child solicitation and pornography. In his first few weeks on the job,Eid visited with local,state and federal law enforcement and met one-on-one with everybody on his approximately 140-person staff.[2]
In August 2008,Eid charged Marc Garold Ramsey,39,for sending a threatening letter with a white powdery substance to 2008 Republican Partypresidential nominee Senator John McCain.[11] Although the powder was not lethal,Ramsey could face at least five years on charges of knowingly mailing a threat. Later that month,Eid also assessed an alleged assassination plot against then-Senator Barack Obama,the Democratic presidential nominee,after alleged plotters Shawn Robert Adolf,Tharin Robert Gartrell and Nathan Johnson were arrested just prior to the 2008 Democratic National Convention. Although the trio were charged with drug and weapon charges,Eid declared that the racist statements the suspects made following their arrests had not risen to the legal standard that would have allowed the filing of federal charges for threatening a presidential candidate.[12] At an August 26 press conference,Eid dismissed the trio as drugaddicts and said the "meth heads were not a true threat to the candidate,the Democratic National Convention or the people of Colorado."[13]
Eid was accused by some of showing a political bias by prosecuting Ramsey without charging Gartrell,Adolf and Johnson,but Eid defended the decision;in a letter responding to the criticism,he wrote,"It would have been disgraceful for me or any other prosecutor to charge someone for a crime he didn't commit. ... There was no probable cause to support such a charge. To the extent you challenge my motives or those of the many investigating agents and career prosecutors who all reached this conclusion in this matter,you're mistaken."[14] Eid aides admitted,however,that the decision not to charge was at least in part because they did not believe a jury would convict them based on the reliability of Johnson's testimony;Jeffrey Dorschner,Eid's spokesman,said a defense attorney "would tear him apart."[14]
Eid also focused extensively on Native American issues while serving as Colorado's U.S. Attorney. He partnered with the Southern Ute Indian Tribe and the Director of its Justice Department,Janelle Doughty,to create a regional program to train tribal,state and local law enforcement officers to enforce federal criminal law on Indian reservations in Southwestern Colorado. This program later expanded to include officers from more than 35 Indian tribes from 17 states. Eid's pilot program gained the attention of Senator Byron L. Dorgan,who praised it as a national success story in strengthening criminal justice in Indian Country and used it as the model for the bill's expanded training provisions.[15]
Joseph Nacchio trial
Eid was appointed as the United States Attorney for the District of Colorado on June 9,2006. Among the cases Eid inherited from his predecessor,acting U.S. Attorney Bill Leone,was the ongoing prosecution of Joseph Nacchio,the former chairman of the board and chief executive officer of Qwest Communications International indicted on 42 counts of insider trading. Nacchio was accused of selling $101million of Qwest stock in the first five months of 2001 despite knowledge from company insider's that Qwest's financial condition was deteriorating. Leone had been lead prosecutor on the Nacchio case since 2002,but several members of the prosecution team had left throughout the years[16] due to infighting that threatened to derail the case. Due to the problems with the Nacchio team and prior failures to achieve convictions against other Qwest employees,U.S. Department of Justice officials became concerned about the Denver office's ability to get a conviction and considered taking over the prosecution. Eid persuaded them otherwise in part by hiring Cliff Stricklin,[17] who prosecuted the case against former Enron officials Jeffrey Skilling and Kenneth Lay in response to the Enron scandal. Although Stricklin was difficult to woo following his Enron success,Eid successfully hired Stricklin in August 2006 as First Assistant U.S. Attorney of Colorado and the head prosecutor for the Nacchio case[5]
The prosecution team,which had about seven months to prepare for trial,also included Justice Department litigator Colleen Conry;Colorado Assistant U.S. Attorney Kevin Traskos;former tobacco litigation task force prosecutor Leo Wise;and Colorado Assistant U.S. Attorney James Hearty,the only prosecutor who served on Leone's original Qwest team. The prosecutors reportedly got along very well and heeded lessons from previous unsuccessful corporate fraud,which prompted Stricklin to describe them as "the very best team" he ever worked with.[18] The trial began in March 2007 and in April,Nacchio was convicted of 19 of the 42 counts of insider trading. On July 28,he was sentenced to six years in prison and ordered to pay a $19million fine and forfeit the $52million he grossed on the illegal sales. Eid described the Nacchio case as the largest insider trading case in United States history;regarding the verdict and sentencing,Eid said,"This is what the American criminal justice system is all about"[19] and said,"'Convicted felon Joe Nacchio' has a very nice ring to it."[18]
Nacchio appealed the verdict,arguing that then-federal JudgeEdward Nottingham had improperly excluded a defense witness from offering expert evidence during the trial. In a two-to-one decision on March 17,2008,the Tenth U.S. Circuit Court of Appeals overturned all 19 guilty counts and ordered a new trial before a different judge.[20] Eid appealed the decision to the full appellate court,and recruited Edwin Kneedler,principal deputy solicitor general for the Department of Justice and a veteran Supreme Court attorney,to represent the government in the case;Eid said of Kneedler,"We wanted the best and we got him."[21] In February 2009,an en banc panel of the Tenth Circuit reversed the previous panel's decision and reinstated all 19 convictions.[22]
Operation Central
Beginning in 2007,Eid oversaw the nationally recognized Operation Central,a successful joint U.S.-Mexican prosecution of criminal trafficking in endangered sea turtles. A three-year international investigation led to multiple arrests on charges of smuggling the skins of endangered sea turtles and other protected animals for use in making boots,belts and wallets. Eid described as "unprecedented" the cooperation between U.S. Fish and Wildlife Service agents and Mexican authorities.[citation needed][23]
In recognition of the success of Operation Central,the U.S. Fish and Wildlife Service and the U.S. Department of Justice were later awarded the Animal Welfare Institute's prestigious Clark R. Bavin Law Enforcement Award for this multi-year undercover investigation of unlawful international trafficking in sea turtle parts and products. The award was presented by Willem Wijnstekers,Secretary-General of the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES).[citation needed]
Operation Central was the largest probe ever of the unlawful commercial exploitation of highly endangered sea turtles –all of which are listed under Appendix I of CITES which bans international trade. Operation Central was planned and designed to infiltrate two widely active segments of the black market wildlife trade –sea turtle skin and skin products moving illegally from Mexico to the United States and sea turtle shell and shell products being smuggled to the United States from China. The investigation also documented the role of U.S. retailers in the unlawful commercial exploitation of other CITES-listed species (including caimans and lizards) in the exotic boot trade. The government of Mexico coordinated enforcement activities with the Fish and Wildlife Service that also resulted in arrests in Mexico.[citation needed]
The Clark R. Bavin Wildlife Law Enforcement Awards are named in memory of the late Chief of the U.S. Fish and Wildlife Service's Office of Law Enforcement,who pioneered the agency's highly effective use of covert investigations and "sting" operations to uncover illegal wildlife trade. The awards have traditionally been presented by the Secretary-General of CITES during meetings of the Conference of the Parties.[24]
Resignation and Attorney General bid
With the election of President Barack Obama,Eid was expected to be replaced as U.S. Attorney,as is the custom with a change of presidential administrations. On January 7,2009,Eid announced he would resign as U.S. Attorney on January 19,the day before President Barack Obama's inauguration,and run for Colorado Attorney General in 2010. Eid sought to fill the position expected to be vacated by John W. Suthers,who was planning to run for governor or U.S. Senate. However,shortly after Eid's resignation,Suthers announced that he would seek re-election as attorney general rather than run for higher office. In response,Eid dropped plans to run for attorney general,describing Suthers as one of his close friends and claiming,"Challenging John is not part of my equation."[25] Eid rejoined the private firm Greenberg Traurig,where he had worked from 2003 to 2006.[25]
Eid is married to Allison Hartwell Eid,who was appointed an Associate Justice of the Colorado Supreme Court by then-Governor Bill Owens in February 2006.[4] The Eids have two children.[5] Allison has described her husband as one who enjoys and embraces challenges;citing his decision to take the Navajo Nation's bar exam during his time as a private attorney,she said,"What 41-year-old man is going to willingly take the bar? He's just someone who jumps in and says,'I'm going to meet this challenge.'"[2]
Eid competes regularly in trail races,marathons and other distance-running events.[citation needed]
Writings
Eid wrote the article "Strategic Democracy-Building:How U.S. States Can Help" for The Washington Quarterly magazine,[3] anthologized in the 2003 book,Winning Hearts and Minds:Using Soft Power to Undermine Terrorist Networks. He also wrote a 2007 article for The Federal Lawyer entitled "Beyond Oliphant:Strengthening Criminal Justice in Indian Country."[4]
Eid and one of his former students at CU Law School,Carrie Covington Doyle,co-authored an article concluding that the federal criminal justice system in Indian Country illegally discriminates against the rights of Native Americans in violations of the Equal Protection Clause of the U.S. Constitution. Among other things,Eid and Doyle noted that the punishments imposed on Native American offenders,especially juveniles,are systematically harsher than punishments for identical or very similar offenses committed by non-Indians. "Separate But Unequal:The Federal Criminal Justice System in Indian Country," 81 University of Colorado Law Review 1067 (Fall 2010).[26]
1 2 Smith, Jeff. "Prosecution lands the big one; A different team of lawyers prevails in 5-year-long case." Rocky Mountain News, April 20, 2007, Business section, pg. 4.
↑ Burnett, Sara. "Six years in prison. $19million in fines, $52million in stock forfeited." Rocky Mountain News, July 27, 2007, Business section, pg. 1.
↑ Sea turtles are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, a multilateral treaty of which the U.S., Mexico and 170 other countries are parties.Cardona, Felisa (September 7, 2007). "5 Held In Smuggling Of Sea-Turtle Skins". Denver Post.
Wolf v. Colorado, 338 U.S. 25 (1949), was a United States Supreme Court case in which the Court held 6—3 that, while the Fourth Amendment was applicable to the states, the exclusionary rule was not a necessary ingredient of the Fourth Amendment's right against warrantless and unreasonable searches and seizures. In Weeks v. United States, 232 U.S. 383 (1914), the Court held that as a matter of judicial implication the exclusionary rule was enforceable in federal courts but not derived from the explicit requirements of the Fourth Amendment. The Wolf Court decided not to incorporate the exclusionary rule as part of the Fourteenth Amendment in large part because the states which had rejected the Weeks Doctrine had not left the right to privacy without other means of protection. However, because most of the states' rules proved to be ineffective in deterrence, the Court overruled Wolf in Mapp v. Ohio, 367 U.S. 643 (1961). That landmark case made history as the exclusionary rule enforceable against the states through the Due Process clause of the Fourteenth Amendment to the same extent that it applied against the federal government.
Joseph P. Nacchio is an American executive who was chairman of the board and chief executive officer of Qwest Communications International from 1997 to 2002. Nacchio was convicted of insider trading during his time heading Qwest. He claimed in court, with documentation, that his was the only company to demand legal authority for surreptitious mass surveillance demanded by the NSA which began prior to the 11 September 2001 attacks.
John William Suthers is an American attorney and politician who served as the mayor of Colorado Springs, Colorado, the Attorney General of Colorado, U.S. Attorney for Colorado, executive director of the Colorado Department of Corrections, and Fourth Judicial District Attorney. He is a member of the Republican Party.
Hugo Teufel III is an American lawyer and former government official.
Thomas Lee Strickland is an American lawyer who was formerly chief of staff to Interior Secretary Ken Salazar and Assistant Secretary for Fish and Wildlife and Parks in the Interior Department. Strickland served as United States Attorney for Colorado and was the Democratic nominee for U.S. Senate for Colorado in 1996 and 2002. He joined WilmerHale as a partner in September, 2011.
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Jeralyn Elise Merritt is an American criminal defense attorney in private practice in Denver, Colorado, since 1974. She served as one of the trial lawyers for Timothy McVeigh in the Oklahoma City bombing case in 1996 and 1997. In 2002 Merritt founded and is the principal author of the blog TalkLeft: The Politics of Crime. She also serves as a legal commentator for news media programs and as an internet journalist.
The Peggy Hettrick murder case concerns the unsolved 1987 death of Peggy Hettrick in Fort Collins, Colorado. Timothy Lee "Tim" Masters enlisted in the United States Navy following a high school career plagued by police accusation of murder when he was a sophomore at Fort Collins High School. After eight years in the Navy, he was honorably discharged. Masters worked for Learjet as an aviation mechanic until 1997, when he was arrested for the murder of Peggy Hettrick. He was charged and convicted of the Hettrick murder in 1999 and sentenced to life imprisonment without parole. His sentence was vacated in January 2008 when DNA evidence from the original crime scene indicated that he was not the responsible party. Three years after his release from prison, Masters was exonerated by the Colorado Attorney General on June 28, 2011. To date, no one else has been charged with Hettrick's murder.
Sean Connelly is an American attorney and former judge on the Colorado Court of Appeals. He is a former member of the U.S. Department of Justice trial team and the lead appellate prosecutor in the Oklahoma City bombing cases. He was appointed by then Colorado Governor Bill Ritter to the Colorado Court of Appeals in 2008 and did not seek retention of his appointment in 2011 and returned to private practice.
Shawn Robert Adolf, Tharin Robert Gartrell and Nathan Dwaine Johnson plotted to assassinate Barack Obama, then the 2008 Democratic Party presidential nominee. The trio allegedly planned to shoot Senator Obama with a high-powered rifle during the Democratic National Convention in Denver, Colorado.
Qwest Communications International, Inc. was a United States telecommunications carrier. Qwest provided local service in 14 western and midwestern U.S. states: Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming.
Mark Waller is a former Colorado county commissioner as well as a former legislator in the U.S. state of Colorado and county level assistant district attorney. Elected to the Colorado House of Representatives as a Republican in 2008, Waller had represented House District 15, which encompasses portions of northeastern Colorado Springs, Colorado. Waller also served in the US Air Force from 1993 until 2000, joining the Air Force Reserves in 2001, and following his graduation from the University of Denver Law School, he worked as an attorney prosecuting insurgents during the Iraq War; he was deployed in 2006.
Same-sex marriage has been legally recognized in Colorado since October 7, 2014. Colorado's state constitutional ban on same-sex marriage was struck down in state district court on July 9, 2014, and by the U.S. District Court for the District of Colorado on July 23, 2014. The Tenth Circuit Court of Appeals had already made similar rulings with respect to such bans in Utah on June 25 and Oklahoma on July 18, which are binding precedents on courts in Colorado. On October 6, 2014, the U.S. Supreme Court declined to hear the Tenth Circuit cases, and the Tenth Circuit lifted its stay. On October 7, the Colorado Supreme Court and the Tenth Circuit cleared the way for same-sex marriages to begin in Colorado.
Lewis Thornton Babcock is a senior United States district judge of the United States District Court for the District of Colorado and former judge of the Colorado Court of Appeals.
Marcia Smith Krieger is a senior United States district judge of the United States District Court for the District of Colorado.
Edward Willis Nottingham Jr. is a former United States district judge of the United States District Court for the District of Colorado, having served in that office from November 24, 1989, until his resignation on October 21, 2008, after a year of scandal.
Allison Lynn Hartwell Eid is a United States circuit judge of the United States Court of Appeals for the Tenth Circuit. She previously served as an associate justice of the Colorado Supreme Court.
The Denver District Attorney's Office is responsible for the prosecution of state criminal violations in the Second Judicial District. Colorado has 64 counties within the 22 judicial districts in the State. The office is composed of approximately 75 attorneys and 125 support staff, who as a whole are responsible for more than 6,000 felony and 17,000 misdemeanor prosecutions annually. The elected District Attorney is the chief law enforcement officer in the City and County of Denver, and is responsible for the prosecution of violations of Colorado State Laws. The current Denver District Attorney is Beth McCann.
Colorado Bureau of Investigation (CBI), a division of Colorado Department of Public Safety, is a law enforcement agency of the state of Colorado that performs forensic and laboratory services and criminal investigations at the request of local and state law enforcement agencies and district attorneys. They investigate arson, homicides, sexual assaults, fraud, cyber, identity theft, and other crimes. Their forensic services include DNA, biology, firearm, latent print, toxicology and drug chemistry analysis. Other units in the CBI include Crime Scene Services, Crime Information Management Unit, Criminal Justice Information Systems, and Colorado’s InstaCheck Unit. The CBI is designated by the Federal Bureau of Investigation (FBI), Criminal Justice Information Services (CJIS) Division, as the CJIS Systems Agency for Colorado. It is headquartered in the Denver suburb of Lakewood at 690 Kipling Street.
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