Professor of Law, Emeritus, Washington and Lee University School of Law
David Bruck directed Washington and Lee's death penalty defense clinic, the Virginia Capital Case Clearinghouse, from 2004 to 2020. Prior to coming to W&L, Bruck practiced criminal law in South Carolina for 28 years, and specialized in the defense of capital cases at the trial, appellate and post-conviction stages. Over the course of his career, he has served as Richland County (Columbia, S.C.) Public Defender, as Chief Attorney of the South Carolina Office of Appellate Defense, and since 1992 as Federal Death Penalty Resource Counsel to the federal defender system nationwide.
Bruck has argued seven death penalty cases in the United States Supreme Court, including Skipper v. South Carolina, 476 U.S. 1 (1986), and Simmons v. South Carolina, 512 U.S. 154 (1994), and over 70 capital appeals in state and lower federal courts. He has represented capital defendants at trial in more than 20 cases, including State v. Susan Smith (1995), in which he and co-counsel Judy Clarke obtained a life sentence after their client was convicted of drowning her two small children.
Bruck has testified before U.S. Congressional committees on death penalty-related legislation on nine occasions, has presented CLE trainings and federal judicial workshops on capital litigation in more than thirty states and U.S. territories, and since 2005 has served as Chair of the National Consortium for Capital Defense Training. In 1996 the ABA Section of Litigation selected Bruck to receive the John Minor Wisdom Public Service & Professionalism Award, and in 2001 he received the Significant Contributions to Criminal Justice Award from the California Attorneys for Criminal Justice.
Retired Assistant United States Attorney
Steve Mellin is a recently retired federal prosecutor. He worked for the Department of Justice for over 30 years in offices all over the United States. His career focused on prosecuting violent criminals, including terrorism and death penalty homicide cases. While working in Alexandria, Virginia, Mr. Mellin was involved in the 9-11 terrorism investigations and prosecutions. While at Main Justice, he worked on numerous death penalty cases across the US, culminated his terrorism work with the successful prosecution of the Boston Marathon bomber.
Steve is a graduate of the University of Texas and George Mason University School of Law.
Partner, Ashcroft Law Firm
With more than 20 years government experience, Johnny Sutton has acquired expertise as a front-line trial prosecutor and a top policy advisor to a Governor and a President. Mr. Sutton runs the Austin office of the Ashcroft Law Firm which specializes in internal investigations, white-collar criminal defense and helping companies comply with federal law.
From November 2001 to April 2009, Sutton led one of the largest and busiest United States Attorney’s Offices in the nation. The Western District of Texas covers 93,000 square miles, 68 counties and 660 miles of U.S.-Mexico border. As U.S. Attorney, Mr. Sutton managed more than 300 employees, a $28 million annual budget and directed 43,000 federal prosecutions and thousands of civil cases. Under Mr. Sutton’s leadership, the office led the nation in drug convictions, was second in illegal alien prosecutions, won more than 105 public corruption convictions and sent nearly 400 violent criminal gang members to prison.
In 2003, then-United States Attorney General John Ashcroft appointed Mr. Sutton to the Attorney General’s Advisory Committee—a panel of 17 U.S. Attorneys that advise the General and help carry out the President’s national goals. Sutton served from 2003 until 2009 and was chairman for nearly two years.
After leading the Bush-Cheney Department of Justice Transition Team in 2000, Mr. Sutton was named Associate Deputy Attorney General. He held the position until becoming U.S. Attorney.
From 1995 to 2000, Mr. Sutton served as the Criminal Justice Policy Director for then-Governor George W. Bush. Mr. Sutton was the chief policy advisor to the Governor on all criminal justice issues.
From 1988 to 1995, Mr. Sutton was a prosecutor in the Harris County District Attorney’s Office (Houston, TX) where he tried more than 60 first chair felony jury trials and had only three acquittals. He also successfully tried 17 murder jury trials, including seven for capital murder.
Mr. Sutton attended the University of Texas at Austin on a baseball scholarship where he was a two year lettermen and the starting left fielder for the 1983 University of Texas National Championship baseball team. Mr. Sutton was voted the Most Valuable Player of the NCAA Central Regional Baseball Tournament in 1983. Mr. Sutton is fluent in Spanish and conversant in Portuguese.
Mr. Sutton has dedicated his career to defending the innocent and standing up for the rule of law.
Member, Ifrah Law
After 27 years as a prosecutor, James (“Jim”) Trusty brings to Ifrah Law extensive experience in complex, multi-district white collar litigation, especially in matters involving RICO, The Computer Fraud and Abuse Act, and The Money Laundering Control Act of 1986.
Jim has represented a wide variety of individuals and corporations in the white-collar space. He regularly represents professional athletes, both criminally and civilly, and during 2022 and 2023 he represented President Trump during pre-indictment litigation relating to the Mar-a-Lago and January 6 cases.
Prior to joining Ifrah Law, Jim had a long career in public service, most recently as Chief of the Organized Crime Section at the United States Department of Justice. For seven years, Jim was ultimately responsible for investigating and prosecuting regional, national, and international cases, supervising significant pleadings, and providing strategic and tactical guidance in investigations and multi-defendant trials. In addition to running the RICO Review Unit, which reviewed and approved all criminal RICO cases brought by federal prosecutors, he also was in charge of establishing and promoting policies focused on immigration reform, firearms trafficking, proposed Congressional testimony for DOJ officials, and internet gambling. Significant and sensitive matters on which he worked include the post-conviction review of the Alaska corruption case related to U.S. v. Theodore Stevens and the investigation into allegations of misconduct by a sitting U.S. Attorney and one of her subordinates.
Prior to his work at DOJ, Jim acted as Assistant U.S. Attorney in Greenbelt, Maryland, where he investigated and prosecuted a wide variety of white-collar and other criminal cases, including The Washington area Sniper investigation. He also prosecuted three death penalty cases and was a member of the Attorney General’s Capital Review Committee, responsible for assessing capital-eligible cases such as the Boston Marathon Bomber and the Charleston Church massacre.
In 2018, Jim was appointed by the Governor of Maryland to serve on The Task Force to Study Maryland’s Criminal Gang Statutes. The Task Force assessed the efficacy of existing state laws as they apply to gang-related criminal activity in the state and presented its findings and recommendations to the Governor.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Henry J. Friendly Professor of Law, Harvard Law School
Carol Steiker is the Henry J. Friendly Professor of Law and Faculty Co-Director of the Criminal Justice Policy Program at Harvard Law School. She specializes in the broad field of criminal justice, where her work ranges from substantive criminal law to criminal procedure to institutional design, with a special focus on issues related to capital punishment. Recent publications address topics such as the relationship of criminal justice scholarship to law reform, the role of mercy in the institutions of criminal justice, and the likelihood of nationwide abolition of capital punishment. Her most recent book, Courting Death: The Supreme Court and Capital Punishment, co-authored with her brother Jordan Steiker of the University of Texas School of Law, was published by Harvard University Press in November, 2016.
Professor Steiker is a graduate of Harvard Law School, where she served as president of the Harvard Law Review, the second woman to hold that position in its then 99-year history. After clerking for Judge J. Skelly Wright of the D.C. Circuit Court of Appeals and Justice Thurgood Marshall of the U.S. Supreme Court, she worked as a staff attorney for the Public Defender Service for the District of Columbia, where she represented indigent defendants at all stages of the criminal process. In addition to her scholarly work, Professor Steiker has worked on pro bono litigation projects on behalf of indigent criminal defendants, including death penalty cases in the U.S. Supreme Court. She also has served as a consultant and expert witness on issues of criminal justice for non-profit organizations and has testified before Congress and state legislatures.
Partner, Baker & Hostetler LLP
Prior to joining BakerHostetler, Allen spent 15 years at the center of the national debate over political regulation. At the FEC, he worked across party lines to restore a key regulatory player to functioning order after years of neglect and partisan gridlock. Those efforts led to the first adoption of a new regulation in over a decade, reform of the commission’s investigations and interagency practices, and more than 150 Statements of Reasons interpreting the Federal Election Campaign Act (FECA). Substantively, Allen prioritized developments at the edges of the FEC’s jurisdiction, particularly those cases where federal election rules conflict with broader principles of corporate, administrative, and constitutional law.
Previously, Allen spent nearly a decade representing organizations across the political spectrum in First Amendment challenges to state and federal laws governing civil society. His practice emphasized motions and appeals, including a dozen arguments before federal appellate and state supreme courts, and appearances before regulatory agencies. In addition to purely campaign finance matters, Allen's cases included the first federal lawsuit in decades addressing the constitutional scope of lobbying laws, litigation establishing the standard for constitutional challenges to FECA under that statute’s specialized review procedures and the successful defense of a state attorney general leading to the invalidation of an FEC regulation.
Partner, Graves Garrett Greim LLC
Edward “Eddie” Greim focuses his practice on complex commercial litigation, free speech and election law, and internal investigations and whistleblower claims. He has been recognized for his successful representation of businesses and individuals in commercial litigation while also being named a “go-to” lawyer on policy and constitutional issues.
Eddie was named a Constitutional and Election Law Trailblazer by the National Law Journal in 2020. His free speech and election law practice has included numerous constitutional challenges to election and campaign finance laws; representation of clients in state and federal ethics and campaign finance enforcement actions and investigations; initiative petition drafting and litigation; litigation and advice regarding First Amendment protections for petition circulation; representation of not-for-profit clients before state regulators; litigation of state and federal redistricting issues; and advice on campaign and election law compliance.
Eddie complements his trial work in complex, high-profile commercial and constitutional cases with oral advocacy and briefing in important appeals. Recognized as a Missouri Lawyers Media POWER 30 Appellate Attorney in 2021, he has argued before the Missouri and Kansas supreme courts multiple times, other state appellate courts across the country, and before the Sixth, Seventh, Eighth, and Tenth U.S. Courts of Appeals.
Eddie’s notable work for clients includes:
Recovering substantial compensation and injunctive relief for plaintiffs, in complex multiyear litigation, as lead counsel in the first and only nationwide class action certified against the Internal Revenue Service for violating taxpayer protection statutes when it targeted hundreds of groups based on their political viewpoints.
Successful First Amendment challenge to Missouri’s 2016 campaign finance restrictions.
Successful challenge to a vast, multiyear, secret criminal investigation into Wisconsin political groups and nonprofits, and follow-up challenge to expose role of state ethics board which secretly aided the investigation and was later dissolved by the legislature.
U.S. Supreme Court amicus brief for the National Republican Redistricting Trust in the 2019 Rucho litigation, and federal and state redistricting litigation and advice since 2011.
Challenges under the First Amendment in federal court, and in briefing to the Michigan Supreme Court on state constitutional grounds, to unprecedented emergency powers claimed by Michigan Governor in 2020.
Representation of numerous public officials and private citizens who are subject to “lawfare” attacks based on their political viewpoints or policy objectives.
Oversight of multiple internal investigations.
Eddie received his law degree from Harvard Law School in 2002, where he taught on the Board of Student Advisers, received the Dean’s Award for Leadership, and served as President of the Harvard Catholic Law Students Association. He received two bachelor’s degrees, summa cum laude, in economics and political science from the University of Missouri.
A native of Excelsior Springs, Missouri, Eddie lives in Kansas City with his family. He enjoys Missouri and military history. On many weekends, he can be found with his wife and daughters exploring sites of local interest. He enjoys reading and debating and has given presentations or organized discussions at numerous gatherings, formal and informal, of professional and personal interest.
Deputy Executive Director, Campaign Legal Center
Tara Malloy joined the Campaign Legal Center in November 2006. She litigates a wide range of campaign finance and election law cases in state and federal court, and has expertise in campaign finance, lobbying, and congressional ethics issues.
Ms. Malloy has spoken at conferences and events nationwide on election law and has appeared as a legal expert on various news programs, including on MSNBC, PBS and NPR. She has written articles on campaign finance and ethics issues for various publications, including Politico and the Legal Times, and is frequently quoted in national news publications, including The Washington Post, Los Angeles Times, USA Today, Time, and Roll Call.
Ms. Malloy also has extensive experience in practical campaign finance enforcement, having served as an associate counsel at the New York City Campaign Finance Board prior to joining the Legal Center. There, she advised the Board regarding the administration of New York City’s public financing system, represented the Board counsel in state and federal courts on various campaign finance matters, and drafted legislation and implementing rules.
Previously, Tara Malloy worked in the litigation practice at the New York law firm Debevoise & Plimpton. A former Fulbright Scholar, Ms. Malloy is a graduate of Yale Law School and Emory University. Ms. Malloy is admitted to practice law in the District of Columbia, the State of New York, the Supreme Court of the United States and the U.S. Court of Appeals for the Fourth Circuit.
Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Jason Torchinsky is a partner at Holtzman Vogel Josefiak PLLC, specializing in campaign finance, election law, lobbying disclosure and issue advocacy groups. Politico recently named him one of the “50 Politicos to Watch,” and in 2007, Campaigns and Elections Magazine named him a “Rising Star of Politics.”
In addition to his practice counseling clients on compliance with campaign finance, ethics laws, lobbying disclosure and election laws, Mr. Torchinsky has served as lead counsel in a number of litigation matters. Representative matters in the redistricting area include Louisiana House of Representatives v. Holder (D.D.C.) (Section 5 pre-clearance action), City of Sandy Springs v. Holder (D.D.C.) (Section 5 bailout action), and Fletcher v. Lamone (D. Md.) (challenging Maryland’s Congressional Districting map). In the campaign finance context, he is currently representing clients in Alliance for America’s Future v. State (Nevada Supreme Court) and Van Hollen v. Federal Election Commission (D.D.C.) (Representing intervenor defendants). He has also represented Virginia candidates in recounts and voter registration challenges before various Virginia Circuit Courts.
Mr. Torchinsky frequently lectures on campaign finance redistricting and ethics related subjects and provides commentary to the media on election related matters.
Prior to joining the firm, Mr. Torchinsky was Counsel to the Assistant Attorney General for the Civil Rights Division at the United States Department of Justice. During the 2004 election cycle, he served as Deputy General Counsel to Bush-Cheney ’04 and Deputy General Counsel to the 2005 Presidential Inaugural Committee.
He holds a B.A. in Government and Public Policy from the College of William and Mary and a J.D. from the College of William and Mary School of Law. He is a member of the Virginia Bar, the District of Columbia Bar, the Republican National Lawyers Association and the Federalist Society.
Emerging Issues in Federal Death Penalty Litigation
David Bruck, Steve Mellin, Johnny Sutton, James Trusty
Recent federal prosecutions have renewed attention on the administration and future of the federal death...
Capital Punishment After the 2016 Elections - Podcast
William G. Otis, Carol Steiker
In recent decades, there has been much study and debate in the criminal justice community...
Crime and Politics: Wisconsin Supreme Court Rules in "John Doe" Investigation - Podcast
Allen J. Dickerson, Edward D. Greim, Tara Malloy, Jason Torchinsky
On Thursday July 16, 2015, the Wisconsin Supreme Court issued an opinion and order ending...