David W. Marston
Encyclopedia
David Weese "Dave" Marston, Sr. (born 1942), is a Philadelphia
lawyer
and author
removed from his position as United States Attorney
for the Eastern District of Pennsylvania in 1978 by U.S. President Jimmy Carter
. Marston was an appointee of Carter's predecessor, Gerald R. Ford, Jr.
He had obtained convictions of political leaders from both parties in Pennsylvania
when Carter authorized his removal.
Marston, a native of Tennessee
, graduated from Harvard University Law School in 1967. He then spent two years in the United States Navy
. In 1969, he joined a Philadelphia law firm, Montgomery, McCracken, Walker & Rhoads. In 1973, however, he entered the political world to become an aide to Republican
U.S. Senator Richard S. Schweiker of Pennsylvania, who was later tapped by Ronald W. Reagan as Reagan's choice for vice president were Reagan to have wrestled the presidential nomination from Gerald Ford in 1976.
A reportedly "stunned" Marston questioned why Carter removed him because Marston had successfully prosecuted Pennsylvania State Senator Henry Cianfrani
on racketeering charges. Carter first said that he was unaware of Marston until the case became "highly publicized". Later, Carter told reporters that he did know that Marston was a last-minute Ford appointee, was not "a practicing attorney, had never had any prosecuting experience, and . . . had a very heavy commitment to calling press conferences."
The Philadelphia Inquirer found that then U.S. Attorney General Griffin B. Bell had established a selection panel of five lawyers to obtain a replacement for Marston. The action came after the administration told Democratic
U.S. Representative Joshua Eilberg
of Pennsylvania that Marston would be removed. Eilberg was himself under a Justice Department probe.
In a 2007 interview with John Gizzi of the conservative publication Human Events, Marston recalled that President Carter had vowed if elected to "appoint and retain attorneys solely on merit," a reform commitment in the post-Watergate
climate which was even written into the 1976 Democratic national platform
.
Marston said that under usual circumstances a president should have his own people in place to promote a consistent national agenda, and he agreed that U.S. attorneys serve at the pleasure of the president. In 1978, however, Eilberg, under investigation from Marston's office, called Carter on November 4, 1977, to demand the ouster of Marston. Carter called Bell and told his fellow Georgia
n to "hurry up" on replacing Marston. The administration chose Peter F. Vaira, Jr., an Illinois
native, as Marston's successor.
Marston prosecuted without regard to party. His targets included the former Republican chairman of Chester County
as well as Eilberg, U.S. Representative Daniel Flood, and two powerful Democratic state legislators.
After his dismissal as U.S. attorney, Marston ran unsuccessfully in the 1978 Republican gubernatorial primary. He finished in fourth place with 161,813 votes (16.2 percent). The nomination went to Richard "Dick" Thornburgh with 325,376 ballots (32.6 percent). Future U.S. Senator Arlen Specter
finished in second place with 206,802 (20.7 percent). Thornburgh as the Republican nominee went on to win the governorship in the fall election. He later served as attorney general in the administration of President George H.W. Bush.
In 1979, Martson ran unsuccessfully for mayor
of Philadelphia, having been defeated in the heavily Democratic city by William Joseph Green, III
. Marston polled 174,083 votes (29.2 percent). Green prevailed with 313,345 (52.6 percent). Another 108,447 (18.2 percent) went to the Consumer Party nominee, Lucien Blackwell.
After his two political campaigns, Marston established his own law practice. In 1985, he joined the firm Buchanan Ingersoll. There he was a partner with Peter Vaira, his replacement as U.S. Attorney. Marston moved to the Reed Smith
firm in 1995.
In 2002, Marston left Reed Smith to write a novel
about the legal profession. The book was never completed, and in 2005, he joined the firm of Gibbons, Del Deo, Dolan, Griffinger & Vecchione of Newark, New Jersey
. He was assigned to open a Philadelphia office for the group.
Marston has written numerous nonfiction works over the years. One of his most provocative is Malice-Aforethought: How Lawyers Use Our Rules to Get Rich, Get Sex, Get Even, and Get Away With It, an attack on the lack of ethics
of the legal profession. With former Federal Bureau of Investigation
agent Neil J. Welch, Marston co-authored Inside Hoover's FBI, which claims that organized crime
came into existence with the rise of J. Edgar Hoover
as the agency director.
Marston has a son, David W. Marston, Jr. (born ca. 1970), a Philadelphia attorney with the firm Morgan Lewis & Bockius.
Philadelphia, Pennsylvania
Philadelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and author
Author
An author is broadly defined as "the person who originates or gives existence to anything" and that authorship determines responsibility for what is created. Narrowly defined, an author is the originator of any written work.-Legal significance:...
removed from his position as United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for the Eastern District of Pennsylvania in 1978 by U.S. President Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
. Marston was an appointee of Carter's predecessor, Gerald R. Ford, Jr.
Gerald Ford
Gerald Rudolph "Jerry" Ford, Jr. was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974...
He had obtained convictions of political leaders from both parties in Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
when Carter authorized his removal.
Marston, a native of Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
, graduated from Harvard University Law School in 1967. He then spent two years in the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
. In 1969, he joined a Philadelphia law firm, Montgomery, McCracken, Walker & Rhoads. In 1973, however, he entered the political world to become an aide to Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
U.S. Senator Richard S. Schweiker of Pennsylvania, who was later tapped by Ronald W. Reagan as Reagan's choice for vice president were Reagan to have wrestled the presidential nomination from Gerald Ford in 1976.
A reportedly "stunned" Marston questioned why Carter removed him because Marston had successfully prosecuted Pennsylvania State Senator Henry Cianfrani
Henry Cianfrani
Henry J. "Buddy" Cianfrani was the Pennsylvania state senator for the first district.Prior to holding elective office, he served in the U.S. Army during World War II where he won the Purple Heart and the Silver Star...
on racketeering charges. Carter first said that he was unaware of Marston until the case became "highly publicized". Later, Carter told reporters that he did know that Marston was a last-minute Ford appointee, was not "a practicing attorney, had never had any prosecuting experience, and . . . had a very heavy commitment to calling press conferences."
The Philadelphia Inquirer found that then U.S. Attorney General Griffin B. Bell had established a selection panel of five lawyers to obtain a replacement for Marston. The action came after the administration told Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
U.S. Representative Joshua Eilberg
Joshua Eilberg
Joshua Eilberg was a Democratic member of the U.S. House of Representatives from Pennsylvania.-Early life and education:Eilburg was born in Philadelphia, Pennsylvania...
of Pennsylvania that Marston would be removed. Eilberg was himself under a Justice Department probe.
In a 2007 interview with John Gizzi of the conservative publication Human Events, Marston recalled that President Carter had vowed if elected to "appoint and retain attorneys solely on merit," a reform commitment in the post-Watergate
Watergate scandal
The Watergate scandal was a political scandal during the 1970s in the United States resulting from the break-in of the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement...
climate which was even written into the 1976 Democratic national platform
Party platform
A party platform, or platform sometimes also referred to as a manifesto, is a list of the actions which a political party, individual candidate, or other organization supports in order to appeal to the general public for the purpose of having said peoples' candidates voted into political office or...
.
Marston said that under usual circumstances a president should have his own people in place to promote a consistent national agenda, and he agreed that U.S. attorneys serve at the pleasure of the president. In 1978, however, Eilberg, under investigation from Marston's office, called Carter on November 4, 1977, to demand the ouster of Marston. Carter called Bell and told his fellow Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
n to "hurry up" on replacing Marston. The administration chose Peter F. Vaira, Jr., an Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
native, as Marston's successor.
Marston prosecuted without regard to party. His targets included the former Republican chairman of Chester County
Chester County, Pennsylvania
-State parks:*French Creek State Park*Marsh Creek State Park*White Clay Creek Preserve-Demographics:As of the 2010 census, the county was 85.5% White, 6.1% Black or African American, 0.2% Native American or Alaskan Native, 3.9% Asian, 0.0% Native Hawaiian, 1.8% were two or more races, and 2.4% were...
as well as Eilberg, U.S. Representative Daniel Flood, and two powerful Democratic state legislators.
After his dismissal as U.S. attorney, Marston ran unsuccessfully in the 1978 Republican gubernatorial primary. He finished in fourth place with 161,813 votes (16.2 percent). The nomination went to Richard "Dick" Thornburgh with 325,376 ballots (32.6 percent). Future U.S. Senator Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
finished in second place with 206,802 (20.7 percent). Thornburgh as the Republican nominee went on to win the governorship in the fall election. He later served as attorney general in the administration of President George H.W. Bush.
In 1979, Martson ran unsuccessfully for mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
of Philadelphia, having been defeated in the heavily Democratic city by William Joseph Green, III
William J. Green, III
William Joseph Green, III is a former member of the U.S. House of Representatives from Pennsylvania. Green also served as the 94th Mayor of Philadelphia.-Youth:...
. Marston polled 174,083 votes (29.2 percent). Green prevailed with 313,345 (52.6 percent). Another 108,447 (18.2 percent) went to the Consumer Party nominee, Lucien Blackwell.
After his two political campaigns, Marston established his own law practice. In 1985, he joined the firm Buchanan Ingersoll. There he was a partner with Peter Vaira, his replacement as U.S. Attorney. Marston moved to the Reed Smith
Reed Smith
Reed Smith LLP is a global law firm, with more than 1,600 lawyers in 23 offices throughout the United States, Europe, the Middle East and Asia....
firm in 1995.
In 2002, Marston left Reed Smith to write a novel
Novel
A novel is a book of long narrative in literary prose. The genre has historical roots both in the fields of the medieval and early modern romance and in the tradition of the novella. The latter supplied the present generic term in the late 18th century....
about the legal profession. The book was never completed, and in 2005, he joined the firm of Gibbons, Del Deo, Dolan, Griffinger & Vecchione of Newark, New Jersey
Newark, New Jersey
Newark is the largest city in the American state of New Jersey, and the seat of Essex County. As of the 2010 United States Census, Newark had a population of 277,140, maintaining its status as the largest municipality in New Jersey. It is the 68th largest city in the U.S...
. He was assigned to open a Philadelphia office for the group.
Marston has written numerous nonfiction works over the years. One of his most provocative is Malice-Aforethought: How Lawyers Use Our Rules to Get Rich, Get Sex, Get Even, and Get Away With It, an attack on the lack of ethics
Ethics
Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
of the legal profession. With former Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
agent Neil J. Welch, Marston co-authored Inside Hoover's FBI, which claims that organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
came into existence with the rise of J. Edgar Hoover
J. Edgar Hoover
John Edgar Hoover was the first Director of the Federal Bureau of Investigation of the United States. Appointed director of the Bureau of Investigation—predecessor to the FBI—in 1924, he was instrumental in founding the FBI in 1935, where he remained director until his death in 1972...
as the agency director.
Marston has a son, David W. Marston, Jr. (born ca. 1970), a Philadelphia attorney with the firm Morgan Lewis & Bockius.