Jim Fleissner

Professor

CV / Resume: fleissner_jp.pdf

Involvement:

Recent Presentations:

"A Short History of the CIA Leak Investigation and the Libby Prosecution," presentation to Mercer Law School community (Macon, Georgia, February 25, 2009)

"Recent Supreme Court Decisions Concerning Criminal Law and Procedure:  A Briefing for Federal Prosecutors," presentation to the U.S. Attorneys Office, Middle District of Georgia (Macon, Georgia, October 2, 2008) 

"The Use of Subpoenas to Compel Journalists to Reveal Their Sources," panelist with First Amendment Attorney Floyd Abrams and University of Chicago Law Professor Geoffrey Stone in the "Issues of Concern to the Legal Profession" series before the American Bar Association House of Delegates (New York, New York, August 11, 2008) 

"Constitutional Criminal Procedure," presentation at program sponsored by the Institute of Continuing Judicial Education of Georgia (Jekyll Island, Georgia, May 12-14, 2008)

"Turning Back the Clock to 1908," senior dinner speech to the Mercer Law Class of 2008 Macon, Georgia, April 2008) 

"An Enigma Deciphered: Justice Powells Concurring Opinion in Branzburg v. Hayes," presentation to the faculty at Charleston School of Law (Charleston, South Carolina, April 4, 2008)

"The First Amendment, Reporters, and Confidential Sources in the CIA Leak Case," presentation at Florida Coastal Law School (Jacksonville, Florida, March 18, 2008)

"Supreme Court Update: Criminal Law and Procedure," presentation at program sponsored by the Institute of Continuing Legal Education of Georgia (Macon, Georgia, March 7, 2008)

"Of Power and Perception: Reflections on the Amercian Experience with Criminal Investigations of High Ranking Federal Officials," lecture recorded for Brazilian judges (Macon, Georgia, September 4, 2007)

"The Rest of the Story About Special Testimonial Privileges for Reporters," keynote address at the annual convention of the National Association of Appellate Court Attorneys (New Orleans, Louisiana, August 3, 2007)

"Constitutional Criminal Procedure," presentation at program sponsored by the Institute of Continuing Judicial Education of Georgia (Marietta, Georgia, May 21, 2007)

"Miranda and the Law of Privileges," symposium presentation at "Miranda at 40: Applications in a Post-Enron, Post-9-11 World," Chapman University School of Law (Orange, California, January 26, 2007)

Presented oral argument in a mock appellate argument against former Assistant Solicitor General Miguel Estrada before a panel of the Eleventh Circuit at the Eleventh Circuit Appellate Practice Institute (Atlanta, Georgia, October 26, 2006)

"The First Amendment, Reporters, and Grand Juries," address to a meeting of the Middle Georgia Trial Lawyers Association (Macon, Georgia, October 4, 2006)

"Senator Walter F. George and the Purge Campaign of 1938," speech to Mercer Law Democrats (Macon, Georgia, September 12, 2006)

Panelist, Session on Media Subpoenas, Annual Convention of the Society of Professional Journalists (Chicago, Illinois, August 26, 2006)

"The CIA Leak Inquiry: An Examination of the Public Record," speech to Mercers University Club (Macon, Georgia, May 16, 2006)

Panelist, "When Journalists are Compelled to Speak:  A Close Look at the Governments Subpoena Power," 19th Annual Media and the Law Seminar sponsored by the Kansas City Metropolitan Bar Association and the University of Kansas School of Law (Kansas City, Missouri, April 7, 2006)

"Media Subpoenas: The Reporters Privilege in Federal Criminal Cases," and "Implications of Crawford v. Washington," Office of the United States Attorney, Middle District of Georgia (Macon, Georgia, March 15, 2006) 

"Deliberating the Jury," address to the William Augustus Bootle Inn of Court (Macon, Georgia, September 27, 2005)

"Media Subpoenas: The Reporters Privilege in Federal Criminal Cases," 31st Annual Federal Criminal Law Seminar hosted by the United States Attorney, Southern District of Ohio (Miami, Ohio, July 14, 2005)

"National Security Cases: Reporters Privilege in the Face of Grand Jury Investigations," Department of Justice National Security Coordinators Conference at the National Advocacy Center (Columbia, South Carolina, June 27, 2005)

Law School and Community Service:

Faculty Advisor to the Mercer Law School Moot Court Board (1999-2003);

Faculty Coach for moot court teams entered in various competitions (1994-2003, 2005-present)

Member, Law School Policy Committee (3 year terms, 2000-2003, 2006-2009; Chair, 2002-2003, 2007-2009);

Chair, Strategic Planning Committee (developing a 10-year plan for the Law School, 2008-2018);

Member, Woodruff 2000 Committee (developed a 5-year plan for the Law School, 2000-2005);

Chair, Law School Curriculum Committee (2001-2003);

Member, Law School Admissions Committee (2002-2003);

Member, Law School Appointments Committee (2001-2002);

Chair of the University House of Delegates (1998-99);

Law School representative to the House of Delegates (1996-99);

Founder and Faculty Advisor of the Mercer Association of Prosecutors (a joint student-alumni organization);

Provided analysis and commentary for the media on the Oklahoma City bombing prosecutions and other federal criminal matters, including appearances on the PBS "Newshour with Jim Lehrer," CNN, and MSNBC;

Organizer and Moderator of 1997 Mercer Law Review Symposium on the Independent Counsel Statute featuring Archibald Cox, Lawrence Walsh, Lloyd Cutler and Griffin Bell;

Moderator for 1999 Mercer Law Review Symposium on Ethics for Legal Commentators, featuring panelists Johnnie Cochran, Barry Scheck, Erwin Chemerinsky, and Laurie Levenson;

Visiting Professor, Georgia State University College of Law, Spring 2002 (Criminal Law);

Visiting Professor, DePaul Law School, Spring 2004 (Criminal Law), Summer 2004 (Evidence), Fall 2004 (Criminal Procedure), and Spring 2005 (Evidence)

Publications:

"A Rescue Plan for the Justice Department," 92 Judicature 144 (2009)(authored on behalf of the Editorial Board of Judicature)

The Centennial History of the Court of Appeals of  Georgia, 1906-2006" (co- author, Mercer University Press 2008)

"Destinys Rendezvous: Senator Walter F. George, FDR, and the Purge Campaign of 1938," Mercer University Press (under contract);

"August 11, 1938: A Day in the Life of Senator Walter F. George," 9 Journal of Southern Legal History 55 (2001);

"Constitutional Criminal Procedure," 2000 Annual 11th Circuit Survey, 52 Mercer Law Review 1305 (2001) (with Sarah B. Mabery and Jeanne L. Wiggins);

"You Are History: Address to the Mercer Law School Class of 2000," 8 Journal of Southern Legal History 201(2000);

"Constitutional Criminal Procedure," 1999 Annual 11th Circuit Survey, 51 Mercer Law Review 1089 (2000)(with Amy C. Reeder);

"Constitutional Criminal Procedure: A Two-Year Survey," 1997-98 11th Circuit Survey, 50 Mercer Law Review 921 (1999)(with Jeffrey R. Harris);

"The Future of the Independent Counsel Statute: Confronting the Dilemma of Allocating the Power of Prosecutorial Discretion," 49 Mercer Law Review 427 (1998);

"The Case Against the Potential Expansion of the Good Faith Exception to Warrantless Searches and Seizures," Vol. 24, No. 10, Search and Seizure Law Report (1997);

"Glide Path to an Inclusionary Rule: How Expansion of the Good Faith Exception Threatens to Fundamentally Change the Exclusionary Rule, 48 Mercer Law Review 1023 (1997);

"Mastering Trial Objections: The Spin Control Method, 20 American Journal of Trial Advocacy 591 (1997);

"Constitutional Criminal Procedure," 1996 Annual 11th Circuit Survey, 48 Mercer Law Review 485 (1997);

"Bomb Trial Ploy May Self-Destruct," The National Law Journal, April 7, 1997, at A17;

"Sentencing Illegal Aliens Convicted of Reentry After Deportation: A Proposal for Simplified and Principled Sentencing," 8 Federal Sentencing Reporter 264 (1996) (with James A. Shapiro);

"Criminal Law and Procedure: A Two Year Survey," Annual Survey of Georgia Law, 48 Mercer Law Review 219 (1996);

"Together and Apart: Two Juries, One Trial," The National Law Journal, October 28, 1996, at A21;

"Constitutional Criminal Procedure, 1995 Annual 11th Circuit Survey, 47 Mercer Law Review 765 (1996);

Testimony before the Judiciary Committee of the U.S. House of representatives concerning the Comprehensive Antiterrorism Act of 1995 (June 12, 1995), published in "International Terrorism: Threats and Responses," Hearings on H.R. 1710 before the Committee on the Judiciary, 104th Cong., 1st Sess. (1995);

"Federal Sentences for Aliens Convicted of Illegal Reentry Following Deportation: Who needs the Aggravation?" 9 Georgetown Immigration Law Journal 451 (1995)(with James A. Shapiro);

"Prosecuting Public Officials Under the Hobbs Act: Inducement as an Element of Extortion Under Color of Official Right," 52 University of Chicago Law Review 1066 (1985).

Honors:

Recipient of the Walter F. George Distinguished Faculty Award, "in recognition of excellence in teaching at Mercer Law School, presented annually by a vote of the senior class" (1997, 1998, 1999, 2000, 2001, 2002, 2003, 2008, and 2009);

Elected to membership in the Brainerd Currie Honor Society, Walter F. George School of Law (1995);

Member, William Augustus Bootle American Inn of Court;

1992 recipient of the Gregory C. Jones Award "for highest service to the United States Attorneys Office," Northern District of Illinois;

Director of Department of Justice Executive Office of U.S. Attorneys Award for Superior Performance (1991);

Department of Justice Special Achievement Award (1987, 1991, and 2004);

Department of Health and Human Services Inspector Generals Integrity Award (1990);

Member, University of Chicago Law Review (1984-85); Associate Editor (1985-86);

Elected to Phi Beta Kappa (1979)

Teaches:

Criminal Law

Criminal Procedure: Constitutional Dimensions

Criminal Procedure: The Litigation Process

Trial Practice

Evidence

Advanced Criminal Trial Techniques

The Great Trials Seminar

Advanced Writing Group

Legal Analysis

Introduction to Counseling

Introduction to the Study of Law

Professional Experience:

Before Joining the Mercer Faculty 

Before joining the Mercer faculty, worked in the United States Department of Justice as Assistant United States Attorney in Chicago from 1986-1994, last serving as Chief of the 45-lawyer General Crimes Section of the United States Attorneys Office.  Served as trial counsel in 20 jury trials and author or supervisory editor of over 100 briefs in the United States Court of Appeals.

Involved in all aspects of criminal prosecutions, including grand jury practice, preliminary and detention hearings, plea negotiations motion practice, trials, sentencing under the federal guidelines, appeals, and collateral proceedings.

Handled cases involving a wide range of federal statutes and interests, including RICO, terrorism, fraud in the commodity and securities markets, bank fraud, mail/wire fraud, police and judicial corruption, tax offenses, arson, major narcotics distribution organizations, money laundering, civil rights violations, contempt of court, and the Classified Information Procedures Act.

Directed investigations utilizing a variety of investigative techniques, including search warrants, court ordered and consensual electronic surveillance, undercover operations, informants, cooperating defendant-witnesses, and immunized witnesses.

Selected Trials:

United States v. Stillo: Four week racketeering and extortion conspiracy trial of Cook County Court Judge Adam Stillo and attorney Joseph Stillo.

United States v. Mosky: Nine week racketeering and fraud trial of three defendants who were commodity futures traders at the Chicago Mercantile Exchange.

United States v. Plescia: Eight week trial of five defendants on cocaine trafficking and weapons charges.

United States v. Marquez: Six week trial of six defendants charged with running an organization engaged in wholesale distribution of heroin and cocaine.

Senior Associate Independent Counsel, United States v. Henry G. Cisneros (1998-2000)

Appointed by Independent Counsel David M. Barrett. On a part-time basis, involved in all aspects of the prosecution, including motion practice, pre-trial hearings, briefing defendants interlocutory appeal, trial preparation, and negotiation of eventual plea agreement.

Government Service During Leave of Absence (2003-2005)

During a leave of absence from the law school, served as Chief of Appeals, Criminal Division for the Office of the United States Attorney, Northern District of Illinois.  Appointed by United States Attorney Patrick J. Fitzgerald.  Supervised all criminal appellate litigation of the office (over 100 annual appeals) before the United States Court of Appeals for the Seventh Circuit.  Served as general legal advisor to the offices 100 criminal prosecutors on issues arising in all phases of investigations and prosecutions.

Appointed in January 2004 as Deputy Special Counsel by Special Counsel Patrick J. Fitzgerald, who was delegated the authority of the Attorney General to investigate allegations that one or more government officials illegally leaked the identity of a CIA officer to the press.  Involved in all aspects of the Special Counsel investigation, including serving as lead counsel in litigation before the United States District Court and the U.S. Court of Appeals for the D.C. Circuit concerning subpoeanas issued to reporters and media entities.  Filed successful opposition to certiorari in the Supreme Court.  See In re: Special Counsel Investigation, 338 F. Supp. 2d 16 (D.D.C. 2004), affd, 397 F.3d 964 (D.C. Cir. 2005), rehearing denied, 405 F.3d 17 (D.C. Cir. 2005), cert. denied, 125 S.Ct. 2977 (2005). Participated in grand jury investigation leading to the indictment in United States v. Libby.  I 

Continued Government Service After Returning to the Law School (2005-2009)

Pursuant to 28 U.S.C. s. 543, appointed on July 1, 2005 as a Special Assistant United States Attorney, allowing continued part-time government service after returning to Mercer Law School from leave of absence.  That appointment expired in February 2009.  As a Special AUSA, continued to work on the Special Counsel case.  As Deputy Special Counsel, participated in pre-trial and post-trial proceedings in United States v. Libby, including drafting responses to various motions and sentencing submissions.  In addition to the Special Counsel case, represented the United States in litigation against the New York Times over access to records sought by a grand jury in a terrorist funding investigation.  In that matter, served as lead counsel for the government in an appeal to the United States Court of Appeals for the Second Circuit.  See New York Times v. Gonzales, 458 F.3d 160 (2d Cir. 2006).  

Indigent Defense and Consulting

Accepted periodic appointments to represent indigent defendants in the federal appellate courts and consulted on various criminal matters.  During 2007, authored a report for the Office of the Comptroller of the Currency of the U.S. Department of Treasury for an adminstrative enforcement action against an attorney alleging an inadequate outside investigation of irregularities at a Miami bank that eventually led to the banks closure and over $100 million in losses.

Bar Admissions

State Bar of Georgia

State Bar of IIlinois

Supreme Court of the United States

United States Court of Appeals for the Eleventh Circuit

United States Court of Appeals for the Seventh Circuit

United States Court of Appeals for the Second Circuit

United States Court of Appeals for the District of Columbia Circuit

United States District Court, Middle District of Georgia

United States District Court, Northern District of Illinois