Rubenstein Reed Am1stlgl

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NYT NO LNX

Some of the Lawyers Who May Fill a Second Trump Administration

Donald Trump’s allies are hoping to install a different species of legal gatekeeper throughout the federal government. Here are some of the potential prospects.

Donald Trump walks in a suit outside the White House heading to the Oval Office.

Former President Donald J. Trump with John McEntee, one of his most trusted aides.Credit...Pool photo by Chris Kleponis

Jonathan SwanCharlie SavageMaggie Haberman

By Jonathan Swan Charlie Savage and Maggie Haberman

Nov. 1, 2023

Election Day is a year away, but key allies of former President Donald J. Trump are already thinking about staffing a potential administration, including by filling White House and agency legal positions with aggressive and ideologically like-minded lawyers.

Trump allies are preparing to populate a new administration with a different breed of lawyer — a departure from the type that stymied part of his first-term agenda and that despite their mainstream conservative credentials are seen as too cautious by people close to the former president. They are seeking lawyers in federal agencies and in the White House committed to his “America First” ideology and willing to use edgy theories to advance his cause.

It is too early to say with any certainty whom Mr. Trump would select were he to win a second term starting in 2025. But several conservative nonprofits, staffed by people who are likely to take on senior White House positions if there is a second Trump administration, have been putting together lists of prospects.

Inside Trump’s 2025 Plans

If Trump Wins, His Allies Want Lawyers Who Will Bless a More Radical Agenda

At Project 2025, a well-funded effort by the Heritage Foundation to prepare personnel and policy for the next conservative administration, John McEntee, one of Mr. Trump’s most trusted aides, is part of a team searching for potential lawyers.

A person familiar with the Heritage 2025 project said it was listing multiple options for every position. Some of the names under early and unofficial consideration are:

Joseph E. Schmitz as the Pentagon’s top lawyer. A Bush-era Pentagon inspector general, he argued after the 2020 election that the Supreme Court or the vice president, Mike Pence, should intervene to overturn Mr. Trump’s loss.

Image

Joseph E. Schmitz looks to the side of the camera as he stands in a suit with an orange tie.

Joseph E. Schmitz in 2004.

Sarah B. Rogers in the Homeland Security Department. She is a former tobacco lawyer who brought a lawsuit against New York’s attorney general, Letitia James, on behalf of the National Rifle Association as state prosecutors were investigating its finances.

Noah B. Peters in the Labor Department. He is a former solicitor for the Federal Labor Relations Authority who is also representing the N.R.A. in its legal troubles in New York. He has written columns critical of Big Tech for conservative websites like The Daily Caller and The Federalist.

James R. Lawrence III in the Health and Human Services Department. He is a critic of regulations and vaccine mandates whom Mr. Trump installed as acting chief counsel at the Food and Drug Administration in the waning days of his presidency.

Adam Candeub in the Commerce Department. He is a Michigan State University law professor and a critic of Silicon Valley. The Trump White House tried to install Mr. Candeub atop the Justice Department’s antitrust division in 2020, a move the attorney general at the time, William P. Barr, blocked, believing he lacked relevant experience, according to people familiar with the matter. He was later tapped for another role in the Justice Department.

A similar personnel effort is being led by Stephen Miller, a former top policy aide in the Trump White House. He has since founded a nonprofit group, America First Legal, and has told colleagues that one of its goals is to spend several years evaluating conservative lawyers to find those who have the “spine” to be effective in an ideologically like-minded 2025 administration.

The lawyers on Mr. Miller’s list, according to a person familiar with it, include:

Chad Mizelle, who as former acting general counsel of the Department of Homeland Security in the Trump administration worked closely with Mr. Miller to enact hard-line immigration policies.

Jonathan Mitchell, a former solicitor general of Texas who is considered a key architect of a state law that allowed private citizens to enforce anti-abortion restrictions.

Aaron Reitz, the chief of staff for Senator Ted Cruz and a former deputy attorney general under Mr. Miller’s ally in Texas, Ken Paxton, who challenged many Biden policies in court. On a conservative podcast in late 2021, Mr. Reitz said that “the sort of hyper-caution that I think too often Republicans demonstrate, not just in the legal space but political and elsewhere, the time for that is over,” and that on Mr. Paxton’s team, “our soldiers are lawyers and our weapons are lawsuits and our tactic is lawfare.”

Brent Webster, first assistant deputy attorney general in Texas under Mr. Paxton who has been deeply involved in the office’s antitrust cases, and who helped Mr. Paxton file a federal lawsuit seeking to overturn President Biden’s victory in the 2020 election.

Reed Rubinstein, who worked in the Trump administration in various roles at the Justice, Education and Treasury departments, and is now at Mr. Miller’s group.

John Zadrozny, a former legislative counsel at the Federation for American Immigration Reform who worked in several politically appointed roles in the Trump administration, where he was considered a Miller ally. He is now at America First Legal.

Jonathan Swan is a political reporter who focuses on campaigns and Congress. As a reporter for Axios, he won an Emmy Award for his 2020 interview of then-President Donald J. Trump, and the White House Correspondents’ Association’s Aldo Beckman Award for “overall excellence in White House coverage” in 2022. More about Jonathan Swan

Charlie Savage writes about national security and legal policy. He has been a journalist for more than two decades. More about Charlie Savage

Maggie Haberman is a senior political correspondent and the author of “Confidence Man: The Making of Donald Trump and the Breaking of America.” She was part of a team that won a Pulitzer Prize in 2018 for reporting on President Trump’s advisers and their connections to Russia. More about Maggie Haberman

A version of this article appears in print on Nov. 2, 2023, Section A, Page 19 of the New York edition with the headline: Prospects for a Second Term. Order Reprints | Today’s Paper | Subscribe

See more on: Donald Trump, Stephen Miller, John McEntee, Heritage Foundation, Republican Party, 2024 Elections: News, Polls and Analysis

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fedsoc bs

koch legal shop cause of action

Reed D. Rubinstein is Senior Counselor and Director of Oversight and Investigations for the America First Legal Foundation. He has extensive constitutional, administrative, and complex commercial trial and appellate experience, including Executive Branch and Congressional oversight, investigations, and enforcement.

Reed joined the Trump Campaign legal team in February 2016, supported Treasury, DHS, and DOD operations during the Presidential Transition, and entered Federal service in January 2017. As Deputy Associate Attorney General, U.S. Department of Education General Counsel (acting and delegated), and Senior Advisor to the Secretary of the Treasury, Reed fought to protect free speech, religious liberty, and civil rights; combat anti-Semitism; expose Obama/Biden support for the Iranian regime; and defend the Trump Administration against Congressional overreach and leftist lawfare.

He played a material role in many Trump Administration actions and Executive Orders and between June 2019 and January 2021, initiated and led twenty-seven civil investigations of U.S. universities for colluding with the Chinese Communist Party, violating foreign money disclosure laws, misrepresenting free speech policies, failing to provide balance in Middle Eastern studies, making false non-discrimination assurances (the Princeton investigation), and consumer fraud.

Reed is a graduate of the University of Michigan Law School and has practiced law since 1985. A former AmLaw 10 shareholder, he spent thirty years in the private practice of law representing manufacturing and retail corporations, financial institutions, trade associations, and individuals in a wide range of matters. Notably, he represented the victims of the Fort Hood terrorist attack, overcoming the Obama Administration, the Pentagon, and House Speaker John Boehner to win them Purple Hearts and medical benefits.

2015 ~ dept of labor koch whore

/s/ Reed D. Rubinstein Reed D. Rubinstein D.C. Bar No. 400153 Cause of Action, Inc. 1919 Pennsylvania Avenue, NW, Suite 650 Washington, D.C. 20006 Telephone: (202) 499-4232 reed.rubinstein@causeofaction.org Attorney for Plaintiffs

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reed-d-rubinstein-4ab7b751

# Reed D. Rubinstein

3rd degree connection3rd

Senior Vice President, America First Legal Foundation

Washington, District of Columbia, United States Contact info

500+ connections

About

Reed D. Rubinstein is the Senior Vice President of the America First Legal Foundation, www.aflegal.org. He handles trials and appeals of constitutional, Administrative Procedure Act, administrative, tort, and commercial cases. and has extensive experience in the law and practice of Executive Branch and Congressional oversight, defending government investigations, and designing and implementing public advocacy campaigns. Notably, Reed successfully represented the victims of the Fort Hood terrorist attack in their fight against the Obama/Biden Administration’s politically motivated denial of Purple Hearts and medical benefits.

Between June 2019 and January 2021, he initiated and led twenty-seven civil investigations of U.S. universities for violating foreign money disclosure requirements, consumer protection laws, and grant conditions, including seventeen investigations exposing Communist Chinese Party and other foreign funding of and collusion with U.S. institutions of higher education and an investigation of Princeton University for violation of its nondiscrimination assurances.

Reed led or played a material role in Executive actions and orders, including the Religious Liberty and Free Inquiry Rule, 85 Fed. Reg. 61736; Presidential Proclamation 10043, “Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China,” 85 Fed. Reg. 34353; the Title IX rule, 85 Fed. Reg 30026; Executive Order 13899 “Combatting Anti-Semitism”, 84 Fed. Reg. 68779; Executive Order 13892, "Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication,” 84 Fed. Reg. 55239; and the President’s “Memorandum for the Secretary of Education and the Secretary of Veterans Affairs: Discharging the Federal Student Loan Debt of Totally and Permanently Disabled Veterans,” 84 Fed. Reg. 44677.

Reed earned JD, MA, and AB degrees from the University of Michigan and is a member of the District of Columbia, Virginia, Michigan, and Connecticut bars.Reed D. Rubinstein is the Senior Vice President of the America First Legal Foundation, www.aflegal.org. He handles trials and appeals of constitutional, Administrative Procedure Act, administrative, tort, and commercial cases. and has extensive experience in the law and practice of Executive Branch and Congressional oversight, defending government investigations, and designing and implementing public advocacy campaigns. Notably, Reed successfully represented the victims of the Fort Hood terrorist attack in their fight against the Obama/Biden Administration’s politically motivated denial of Purple Hearts and medical benefits.

Reed joined the Trump Administration in January 2017, serving as Deputy Associate Attorney General, General Counsel, U.S. Department of Education (delegated), and Senior Advisor to the Secretary of the Treasury, among other things. He advised and counseled political leaders; managed high-priority investigations, litigation, and regulatory matters; and investigated and helped expose Obama/Biden efforts to circumvent Iran sanctions laws. Between June 2019 and January 2021, he initiated and led twenty-seven civil investigations of U.S. universities for violating foreign money disclosure requirements, consumer protection laws, and grant conditions, including seventeen investigations exposing Communist Chinese Party and other foreign funding of and collusion with U.S. institutions of higher education and an investigation of Princeton University for violation of its nondiscrimination assurances. Reed led or played a material role in Executive actions and orders, including the Religious Liberty and Free Inquiry Rule, 85 Fed. Reg. 61736; Presidential Proclamation 10043, “Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China,” 85 Fed. Reg. 34353; the Title IX rule, 85 Fed. Reg 30026; Executive Order 13899 “Combatting Anti-Semitism”, 84 Fed. Reg. 68779; Executive Order 13892, "Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication,” 84 Fed. Reg. 55239; and the President’s “Memorandum for the Secretary of Education and the Secretary of Veterans Affairs: Discharging the Federal Student Loan Debt of Totally and Permanently Disabled Veterans,” 84 Fed. Reg. 44677. Reed earned JD, MA, and AB degrees from the University of Michigan and is a member of the District of Columbia, Virginia, Michigan, and Connecticut bars.…see more

Featured

DocumentDocument[

institutional-compliance-section-117.pdfinstitutional-compliance-section-117.pdf

Report on Foreign Funding of US Colleges and UniversitiesReport on Foreign Funding of US Colleges and Universities](https://www.linkedin.com/in/reed-d-rubinstein-4ab7b751/overlay/1635454353244/single-media-viewer?type=DOCUMENT&profileId=ACoAAAr5kQMBomrkp8zaVyxkHKOF6ktpm6lAwjs)

LinkLink[

Trump Signs Order Against Anti-Semitism At Colleges, Worrying Free Speech AdvocatesTrump Signs Order Against Anti-Semitism At Colleges, Worrying Free Speech Advocates

NPRNPR

The order will extend a federal anti-discrimination law to include discrimination based on anti-Semitism. Some worry the policy will be used to stifle criticism of Israel on college campuses.The order will extend a federal anti-discrimination law to include discrimination based on anti-Semitism. Some worry the policy will be used to stifle criticism of Israel on college campuses.](https://www.linkedin.com/in/reed-d-rubinstein-4ab7b751/overlay/1635455283136/single-media-viewer?type=LINK&profileId=ACoAAAr5kQMBomrkp8zaVyxkHKOF6ktpm6lAwjs)

LinkLink[

He Said Allahu Akbar-The Attack On Fort HoodHe Said Allahu Akbar-The Attack On Fort Hood

YouTubeYouTube

Advocacy video in support of our litigation seeking justice for the victims and survivors of the Fort Hood terror attack. Telly Award Winner 2012.Advocacy video in support of our litigation seeking justice for the victims and survivors of the Fort Hood terror attack. Telly Award Winner 2012.](https://www.linkedin.com/in/reed-d-rubinstein-4ab7b751/overlay/1635452446432/single-media-viewer?type=LINK&profileId=ACoAAAr5kQMBomrkp8zaVyxkHKOF6ktpm6lAwjs)

DocumentDocument[

ED Grants and EO 13798 85 Fed. Reg. 61736.pdfED Grants and EO 13798 85 Fed. Reg. 61736.pdf

The Department issues this guidance to comply with the law and to protect religious liberty in the administration of its grant programs. The guidance details the ways in which the Department’s specific regulations protect the religious freedoms of institutions and individuals and introduces a process by which both faith-based organizations and individuals can inform the Department of a burden or potential burden on religious exercise under the Religious Freedom Restoration Act (RFRA)The Department issues this guidance to comply with the law and to protect religious liberty in the administration of its grant programs. The guidance details the ways in which the Department’s specific regulations protect the religious freedoms of institutions and individuals and introduces a process by which both faith-based organizations and individuals can inform the Department of a burden or potential burden on religious exercise under the Religious Freedom Restoration Act (RFRA)](https://www.linkedin.com/in/reed-d-rubinstein-4ab7b751/overlay/1618105382865/single-media-viewer?type=DOCUMENT&profileId=ACoAAAr5kQMBomrkp8zaVyxkHKOF6ktpm6lAwjs)

DocumentDocument[

OGC Memo HEA Loans.pdfOGC Memo HEA Loans.pdf

Memorandum regarding student loan forgiveness.Memorandum regarding student loan forgiveness.](https://www.linkedin.com/in/reed-d-rubinstein-4ab7b751/overlay/1635454345767/single-media-viewer?type=DOCUMENT&profileId=ACoAAAr5kQMBomrkp8zaVyxkHKOF6ktpm6lAwjs)

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**Reed D. Rubinstein** posted this • 2mo2moTruth., ארץ נהדרת (@Eretz_Nehederet) on X, twitter.com

Truth.

**ארץ נהדרת (@Eretz_Nehederet) on X** twitter.com

3
**Reed D. Rubinstein** reposted this • 2mo2moWell said.

[Well said8

- 1 comment
**Reed D. Rubinstein** reposted this • 2mo2moBe aware that this is a unapologetically political post. Actions matter more than words. Immediately after October 7th, I was in IDF reserves and I discovered something I thought unthinkable. An intelligence officer told us that the actual reason that we did not fight back against Hezbollah and the reason that we are not decisively destroying Hamas was because the Biden Administration was applying pressure to limit the Israeli response. Despite the fact that Hamas held and holds US citizens hostage, despite the fact that Hamas and Hezbollah are by US standards terrorist organizations, and despite the fact that these organizations are unquestionably anti American and anti Liberal US values. Publicly Biden offered us weapons, but anyone who looked a bit closer knew that these had enormous strings attached. They effectively said "Israel can have weapons, only if you don't actually defend yourselves." While giving us weapons they sanctioned our civilians, they actually sanctioned one of our IDF units, and they blew up our negotiating position on the hostage deal. Why would they do that? Isn't it in their best interest to destroy Iranian proxies. Isn't it a moral imperative to return US citizens home? They talked a lot about that when it was a WNBA star in Russia. They made a Jewish solidarity month, while allowing the academic institutions that were the pride and joy of the US to support blatantly Anti-Semitic displays and aggression. In UCLA the "protestors" beat a Jewish girl unconscious, and Biden Tweeted support of Jews. He Tweeted but he did nothing. Meanwhile the Universities capitulated to the cadre of communist and Islamicist radicals and I kid you not agreed to boycott the only Jewish country in the world. However, since yesterday we confirmed the Biden Administration is not our friend, and we better get wise or we will be wrecked. Because actions speak louder than words: 🔴 The Biden Administration has officially been holding up bullet shipments to the IDF 🔴 The Biden Administration has further threatened to limit aid based on "Israel not doing enough for civilian casualties" despite the best civilian to combatant ratio in the history of the world by a factor of 5 at the very least. 🔴 The Biden Administration knew in advance that Hamas was going to publicly "accept a ceasefire proposal" that was just a litany of Hamas demands - they didn't warn Israel. The ceasefire proposal asked Israel to give up their request for the hostages and to fully stop the war - in return for NOTHING. Creating a PR disaster for Israel, Thanks Biden! 🔴 The Biden Administration repeatedly has tried holding up our operation in Rafah despite there being no other way to ensure Hamas's defeat. To Bibi, to the Office of the Prime Minister of Israel, know that the State of Israel is fully behind the operation in Rafah, and we didn't need the US in 67 or 48. Do what you promised. Destroy Hamas.

[Be aware that this is a unapologetically political post.

Actions matter more than words.

Immediately after October 7th, I was in IDF reserves and I discovered something I thought unthinkable.

An intelligence officer told us that the actual reason that we did not fight back against Hezbollah and the reason that we are not decisively destroying Hamas was because the Biden Administration was applying pressure to limit the Israeli response.

Despite the fact that Hamas held and holds US citizens hostage, despite the fact that Hamas and Hezbollah are by US standards terrorist organizations, and despite the fact that these organizations are unquestionably anti American and anti Liberal US values.

Publicly Biden offered us weapons, but anyone who looked a bit closer knew that these had enormous strings attached. They effectively said "Israel can have weapons, only if you don't actually defend yourselves."

While giving us weapons they sanctioned our civilians, they actually sanctioned one of our IDF units, and they blew up our negotiating position on the hostage deal.

Why would they do that? Isn't it in their best interest to destroy Iranian proxies. Isn't it a moral imperative to return US citizens home? They talked a lot about that when it was a WNBA star in Russia.

They made a Jewish solidarity month, while allowing the academic institutions that were the pride and joy of the US to support blatantly Anti-Semitic displays and aggression.

In UCLA the "protestors" beat a Jewish girl unconscious, and Biden Tweeted support of Jews.

He Tweeted but he did nothing.

Meanwhile the Universities capitulated to the cadre of communist and Islamicist radicals and I kid you not agreed to boycott the only Jewish country in the world.

However, since yesterday we confirmed the Biden Administration is not our friend, and we better get wise or we will be wrecked.

Because actions speak louder than words:

🔴 The Biden Administration has officially been holding up bullet shipments to the IDF

🔴 The Biden Administration has further threatened to limit aid based on "Israel not doing enough for civilian casualties" despite the best civilian to combatant ratio in the history of the world by a factor of 5 at the very least.

🔴 The Biden Administration knew in advance that Hamas was going to publicly "accept a ceasefire proposal" that was just a litany of Hamas demands - they didn't warn Israel. The ceasefire proposal asked Israel to give up their request for the hostages and to fully stop the war - in return for NOTHING. Creating a PR disaster for Israel, Thanks Biden!

🔴 The Biden Administration repeatedly has tried holding up our operation in Rafah despite there being no other way to ensure Hamas's defeat.

To Bibi, to the [Office of the Prime Minister of Israel](https://www.linkedin.com/company/israelipm/), know that the State of Israel is fully behind the operation in Rafah, and we didn't need the US in 67 or 48.

Do what you promised. Destroy Hamas.…show more](https://www.linkedin.com/feed/update/urn:li:activity:7194656793946378242?updateEntityUrn=urn%3Ali%3Afs_updateV2%3A%28urn%3Ali%3Aactivity%3A7194656793946378242%2CFEED_DETAIL%2CEMPTY%2CDEFAULT%2Cfals...268

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ExperienceExperience

US GovernmentUS Government

U.S. Departments of Justice, Education, Treasury, and Agriculture · Full-timeU.S. Departments of Justice, Education, Treasury, and Agriculture · Full-timeJan 2017 - Jan 2021 · 4 yrs 1 moJan 2017 to Jan 2021 · 4 yrs 1 moWashington, DCWashington, DC

- Deputy Associate Attorney General; General Counsel (acting and delegated), U.S. Department of Education; Senior Advisor to the Secretary, U.S. Department of the Treasury; and Senior Counselor, U.S. Department of Agriculture. In these positions, I:

• Advised and counseled Cabinet secretaries and White House officials.

• Led nineteen investigations into and regulatory action regarding foreign funding and influence on U.S. college campuses, exposing approximately $17 billion in previously unreported funds.

• Led and supported regulatory, White House, litigation, and investigative measures protecting freedom of speech and religion.

• Led and supported regulatory, investigative, and other measures to combat leftist, Islamist, and college campus anti-Semitism.

• Successfully defended overreaching Congressional oversight.

• Led and supported regulatory, litigation, and other measures protecting girls' sports.

• Investigated pre-2017 Iran sanctions and policy choices.

• Led and supported the distribution of over $80 billion in education-related federal coronavirus assistance.

• Led and supported government-wide regulatory and civil enforcement reform regulations and executive actions.Deputy Associate Attorney General; General Counsel (acting and delegated), U.S. Department of Education; Senior Advisor to the Secretary, U.S. Department of the Treasury; and Senior Counselor, U.S. Department of Agriculture. In these positions, I: • Advised and counseled Cabinet secretaries and White House officials. • Led nineteen investigations into and regulatory action regarding foreign funding and influence on U.S. college campuses, exposing approximately $17 billion in previously unreported funds. • Led and supported regulatory, White House, litigation, and investigative measures protecting freedom of speech and religion. • Led and supported regulatory, investigative, and other measures to combat leftist, Islamist, and college campus anti-Semitism. • Successfully defended overreaching Congressional oversight. • Led and supported regulatory, litigation, and other measures protecting girls' sports. • Investigated pre-2017 Iran sanctions and policy choices. • Led and supported the distribution of over $80 billion in education-related federal coronavirus assistance. • Led and supported government-wide regulatory and civil enforcement reform regulations and executive actions.…see more

Law Firm PartnerLaw Firm Partner

Dinsmore & Shohl LLP (2012-17), Greenberg Traurig LLP (2002-10), and others (1985-2001) · Full-timeDinsmore & Shohl LLP (2012-17), Greenberg Traurig LLP (2002-10), and others (1985-2001) · Full-timeMay 1985 - Jan 2017 · 31 yrs 9 mosMay 1985 to Jan 2017 · 31 yrs 9 mosWashington, DC and elsewhereWashington, DC and elsewhere

- Litigation, trials, and appeals of complex commercial, constitutional, regulatory, and tort cases. Representative cases: Keepseagle v. Perdue, 856 F.3d 1039 (D.C. Cir. 2017); Miss Comm’n on Envtl Quality v. EPA, 790 F.3d 138 (D.C. Cir. 2016); Prime Time v. Vilsack, 599 F. 3d 678 (D.C. Cir. 2010); Manning, et al, v. McHugh, et al, Case No. 1:12-cv-01802-CKK (D.D.C. 2012); Miami-Dade County v. United States, 2003 U.S. Dist. LEXIS 23661 (S.D. Fla. 2003)

Defended government investigations, enforcement actions, and debarment proceedings. Counseled clients on transnational, federal, and state corporate and transactional regulatory compliance.

Devised and executed public advocacy campaigns.

Led and supported corporate and real estate transactions, with a focus on regulatory compliance and industrial site decommissioning, redevelopment, and project financing. Key transactions:

• Representing seller Metropolitan Life, structured, negotiated, documented, and handled environmental, regulatory, insurance, and related matters in structuring, documenting, and closing the $5.4 billion Peter Cooper/Stuyvesant Town real estate sale.

• Representing owner/developer Wal-Mart, negotiated, documented, and handled contractual and environmental permitting and related big box development regulatory and environmental compliance issues.

• Representing lender, structured, negotiated, documented, and handled environmental, work force, insurance, and FCPA regulatory issues in middle-market ($250 million to $750 million) multinational corporate finance transactions.

• Representing owners, developers, and municipalities, handled the redevelopment of former manufacturing facilities in the Midwest and Northeast.

Protected client interests in federal and state rulemakings.Litigation, trials, and appeals of complex commercial, constitutional, regulatory, and tort cases. Representative cases: Keepseagle v. Perdue, 856 F.3d 1039 (D.C. Cir. 2017); Miss Comm’n on Envtl Quality v. EPA, 790 F.3d 138 (D.C. Cir. 2016); Prime Time v. Vilsack, 599 F. 3d 678 (D.C. Cir. 2010); Manning, et al, v. McHugh, et al, Case No. 1:12-cv-01802-CKK (D.D.C. 2012); Miami-Dade County v. United States, 2003 U.S. Dist. LEXIS 23661 (S.D. Fla. 2003)

Defended government investigations, enforcement actions, and debarment proceedings. Counseled clients on transnational, federal, and state corporate and transactional regulatory compliance. Devised and executed public advocacy campaigns. Led and supported corporate and real estate transactions, with a focus on regulatory compliance and industrial site decommissioning, redevelopment, and project financing. Key transactions: • Representing seller Metropolitan Life, structured, negotiated, documented, and handled environmental, regulatory, insurance, and related matters in structuring, documenting, and closing the $5.4 billion Peter Cooper/Stuyvesant Town real estate sale. • Representing owner/developer Wal-Mart, negotiated, documented, and handled contractual and environmental permitting and related big box development regulatory and environmental compliance issues. • Representing lender, structured, negotiated, documented, and handled environmental, work force, insurance, and FCPA regulatory issues in middle-market ($250 million to $750 million) multinational corporate finance transactions. • Representing owners, developers, and municipalities, handled the redevelopment of former manufacturing facilities in the Midwest and Northeast. Protected client interests in federal and state rulemakings.…see more

Nonprofit Organizations
Nonprofit Organizations

New Civil Liberties Alliance (2021); Cause of Action Institute (2012-16); US Chamber (2010-12) · Full-timeNew Civil Liberties Alliance (2021); Cause of Action Institute (2012-16); US Chamber (2010-12) · Full-timeSep 2010 - Nov 2016 · 6 yrs 3 mosSep 2010 to Nov 2016 · 6 yrs 3 mosDistrict of Columbia, United StatesDistrict of Columbia, United States

- Public advocacy and litigation, trials, and appeals of administrative, constitutional, and regulatory cases to advance liberty and to check government overreach, corruption, cronyism, and abuse. Worked with Congressional members and staff, industry, and citizen groups on civil rights, free speech, enforcement, data security, and other policy and regulatory and issues. Representative cases:

• Yates v. United States, 135 S. Ct. 1074 (2015); Rhea Lana v. USDOL, 824 F.3d 1023 (D.C. Cir. 2016); Cause of Action v. FTC, 799 F.3d 1108 (D.C. Cir. 2016); Drake’s Bay Oyster Company, et al v. Jewell, Case No. 13-15227 (9th Cir., 2014); Am Pub. Gas Ass’n v. US DOE, 2014 U.S. App. LEXIS 7733 (D.C. Cir. 2014); In the Matter of LabMD, Inc., FTC Docket No. 9357 (2015); XP Vehicles, Inc. v. DOE, 118 F. Supp. 3d 38 (D.D.C. 2015); Zucker v. United States Consumer Product Safety Commission, Case No. 8:13-cv-03355 (D. Md. 2013); Cause of Action v. Treasury Inspector Gen. for Tax Admin., 70 F. Supp. 3d 45 (D.D.C. 2014)

Public advocacy and litigation, trials, and appeals of administrative, constitutional, and regulatory cases to advance liberty and to check government overreach, corruption, cronyism, and abuse. Worked with Congressional members and staff, industry, and citizen groups on civil rights, free speech, enforcement, data security, and other policy and regulatory and issues. Representative cases: • Yates v. United States, 135 S. Ct. 1074 (2015); Rhea Lana v. USDOL, 824 F.3d 1023 (D.C. Cir. 2016); Cause of Action v. FTC, 799 F.3d 1108 (D.C. Cir. 2016); Drake’s Bay Oyster Company, et al v. Jewell, Case No. 13-15227 (9th Cir., 2014); Am Pub. Gas Ass’n v. US DOE, 2014 U.S. App. LEXIS 7733 (D.C. Cir. 2014); In the Matter of LabMD, Inc., FTC Docket No. 9357 (2015); XP Vehicles, Inc. v. DOE, 118 F. Supp. 3d 38 (D.D.C. 2015); Zucker v. United States Consumer Product Safety Commission, Case No. 8:13-cv-03355 (D. Md. 2013); Cause of Action v. Treasury Inspector Gen. for Tax Admin., 70 F. Supp. 3d 45 (D.D.C. 2014) …see more

Education

University of MichiganUniversity of Michigan JD (1985), MA in Political Science (1985), AB in Political Science (1982) JD (1985), MA in Political Science (1985), AB in Political Science (1982) 1978 - 19851978 - 1985

Projects

Congressional EngagementCongressional Engagement

Jan 2010 - Jan 2021Jan 2010 - Jan 2021

- Worked with Congressional staff and members on Oversight, Homeland Security, Intelligence, Armed Services and other Committees of the House and Senate to advance policy goals and protect client interests. Testimony on administrative law issues. Defended federal agencies from overreaching Congressional oversight. See:

https://www2.ed.gov/policy/highered/leg/carper-jan8-2021.pdf

https://www.washingtonexaminer.com/news/threat-education-department-warns-of-chinas-influence-on-campus

https://www.documentcloud.org/documents/6785415-2-7-20-ED-to-Maloney.html

https://www.insidehighered.com/news/2020/02/26/education-department-says-house-committee-seeking-abuse-power-subpoena-threat

https://oversight.house.gov/sites/democrats.oversight.house.gov/files/5.15.19%20Cummings.pdf

https://www.politico.com/story/2019/05/30/cummings-education-department-probe-1493005

https://www.voanews.com/usa/us-lawmakers-ask-6-top-universities-hand-over-records-foreign-donations

https://www.republicreport.org/wp-content/uploads/2019/07/ED-ltr-Scott-DCEH.pdf

https://www.scribd.com/document/322903608/HOUSE-HEARING-113TH-CONGRESS-REGULATORY-CRIME-IDENTIFYING-THE-SCOPE-OF-THE-PROBLEM

https://docs.house.gov/meetings/II/II22/20130717/101133/HHRG-113-II22-Wstate-RubinsteinR-20130717.pdf

https://abcnews.go.com/Blotter/members-congress-demand-obama-administration-classify-ft-hood/story?id=18493746

https://www.dinsmore.com/publications/lacey-act-reform-institute-for-legal-reform-testimony/Worked with Congressional staff and members on Oversight, Homeland Security, Intelligence, Armed Services and other Committees of the House and Senate to advance policy goals and protect client interests. Testimony on administrative law issues. Defended federal agencies from overreaching Congressional oversight. See: https://www2.ed.gov/policy/highered/leg/carper-jan8-2021.pdf https://www.washingtonexaminer.com/news/threat-education-department-warns-of-chinas-influence-on-campus https://www.documentcloud.org/documents/6785415-2-7-20-ED-to-Maloney.html https://www.insidehighered.com/news/2020/02/26/education-department-says-house-committee-seeking-abuse-power-subpoena-threat https://oversight.house.gov/sites/democrats.oversight.house.gov/files/5.15.19%20Cummings.pdf https://www.politico.com/story/2019/05/30/cummings-education-department-probe-1493005 https://www.voanews.com/usa/us-lawmakers-ask-6-top-universities-hand-over-records-foreign-donations https://www.republicreport.org/wp-content/uploads/2019/07/ED-ltr-Scott-DCEH.pdf https://www.scribd.com/document/322903608/HOUSE-HEARING-113TH-CONGRESS-REGULATORY-CRIME-IDENTIFYING-THE-SCOPE-OF-THE-PROBLEM https://docs.house.gov/meetings/II/II22/20130717/101133/HHRG-113-II22-Wstate-RubinsteinR-20130717.pdf https://abcnews.go.com/Blotter/members-congress-demand-obama-administration-classify-ft-hood/story?id=18493746 https://www.dinsmore.com/publications/lacey-act-reform-institute-for-legal-reform-testimony/…see more

Exposing the U.S. Higher Education Industry's Collusion with and Funding from the Chinese Communist PartyExposing the U.S. Higher Education Industry's Collusion with and Funding from the Chinese Communist Party

Apr 2019 - Jan 2021Apr 2019 - Jan 2021

Show project
- - As General Counsel (delegated) of the U.S. Department of Education, I initiated, designed, and executed a plan exposing foreign influence in U.S. higher education. Between June 1, 2019, and January 20, 2021, we opened nineteen investigations of Chinese Communist Party, Qatari, Russian, and Iranian funding of and relations with Harvard, Yale, MIT, the University of Maryland, and Georgetown, among others. Our coordinated strategy of civil investigations, regulatory actions, and aggressive Hill/media/inter-agency strategy led to disclosure of approximately 20,000 previously unreported foreign transactions totaling over $17 billion; facilitated multiple law enforcement actions; catalyzed Congressional oversight; generated substantial earned media; and led to state legislation. Although foreign money reporting became law in 1986, the Department had never previously taken enforcement action. See:

https://www2.ed.gov/policy/highered/leg/institutional-compliance-section-117.pdf

https://www.ed.gov/news/press-releases/us-department-education-uncovers-vast-underreporting-foreign-gifts-and-contracts-higher-education-institutions

https://www.msn.com/en-xl/northamerica/top-stories/trump-suspends-entry-and-limits-visas-for-chinese-students-and-researchers/ar-BB14NxZN

https://edstream.ed.gov/webcast/Play/0ae6cd47067d4a6b89f2797fc499f9251d

https://www.cnn.com/2020/02/12/politics/harvard-yale-foreign-funding/index.html

https://www.washingtonexaminer.com/news/just-scratching-the-surface-education-department-uncovered-1-3b-from-foreign-countries-on-campus

https://ktla.com/news/nationworld/department-of-education-investigating-foreign-money-to-u-s-colleges/

https://www.newsweek.com/china-spy-scandal-that-entangled-harvard-could-hit-yale-mit-next-1489806As General Counsel (delegated) of the U.S. Department of Education, I initiated, designed, and executed a plan exposing foreign influence in U.S. higher education. Between June 1, 2019, and January 20, 2021, we opened nineteen investigations of Chinese Communist Party, Qatari, Russian, and Iranian funding of and relations with Harvard, Yale, MIT, the University of Maryland, and Georgetown, among others. Our coordinated strategy of civil investigations, regulatory actions, and aggressive Hill/media/inter-agency strategy led to disclosure of approximately 20,000 previously unreported foreign transactions totaling over $17 billion; facilitated multiple law enforcement actions; catalyzed Congressional oversight; generated substantial earned media; and led to state legislation. Although foreign money reporting became law in 1986, the Department had never previously taken enforcement action. See: https://www2.ed.gov/policy/highered/leg/institutional-compliance-section-117.pdf https://www.ed.gov/news/press-releases/us-department-education-uncovers-vast-underreporting-foreign-gifts-and-contracts-higher-education-institutions https://www.msn.com/en-xl/northamerica/top-stories/trump-suspends-entry-and-limits-visas-for-chinese-students-and-researchers/ar-BB14NxZN https://edstream.ed.gov/webcast/Play/0ae6cd47067d4a6b89f2797fc499f9251d https://www.cnn.com/2020/02/12/politics/harvard-yale-foreign-funding/index.html https://www.washingtonexaminer.com/news/just-scratching-the-surface-education-department-uncovered-1-3b-from-foreign-countries-on-campus https://ktla.com/news/nationworld/department-of-education-investigating-foreign-money-to-u-s-colleges/ https://www.newsweek.com/china-spy-scandal-that-entangled-harvard-could-hit-yale-mit-next-1489806…see more

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Congressional EngagementCongressional Engagement

Jan 2010 - Jan 2021Jan 2010 - Jan 2021

- Worked with Congressional staff and members on Oversight, Homeland Security, Intelligence, Armed Services and other Committees of the House and Senate to advance policy goals and protect client interests. Testimony on administrative law issues. Defended federal agencies from overreaching Congressional oversight. See: