Benjamin Civiletti
Encyclopedia
Benjamin Richard Civiletti (born July 17, 1935) served as the United States Attorney General
during the last year and a half of the Carter administration
, from 1979 to 1981. He is now a senior partner in the Washington, D.C.
, law firm of Venable LLP
, specializing in commercial litigation and internal investigations, and in 2005 became the first U.S. lawyer to charge $1000 an hour. He is also currently one of the three members of the Independent Review board. The IRB is the board that the Teamsters Union must answer to when allegations of corruption and mafia infiltration surface.
Civiletti was educated at Johns Hopkins University
, where he received a bachelor's degree in psychology
in 1957, and at the University of Maryland School of Law
in Baltimore, Maryland, where he was awarded a Juris Doctor
(J.D.) in 1961.
Civiletti was a law clerk
for W. Calvin Chestnut, a judge on the U.S. District Court for the District of Maryland
, and became an Assistant United States Attorney
in Baltimore a year after graduating from law school.
Civiletti was serving as the Deputy Attorney General
when his boss Griffin B. Bell
resigned. He was elevated to the top job in the Justice Department
on July 19, 1979. Although Bell was not involved in the shake-up and resigned voluntarily, it occurred during a major Cabinet shakeup in the Carter administration. On the same day, Secretary of Health, Education, and Welfare Joseph A. Califano, Jr.
and Treasury Secretary W. Michael Blumenthal
also resigned. Transportation Secretary Brock Adams
soon followed.
Civiletti had come to Bell's attention when he was forming the Justice Department for the newly elected President by Carter's close confidant, Charles Kirbo
, a law partner of Bell's who had once been involved in a case with Civiletti. Civiletti served as Assistant Attorney General in charge of the Criminal Division and was elevated to Deputy Attorney General after the resignation of Carter's initial Deputy Attorney General, former longtime Pittsburgh Mayor Peter Flaherty.
As Attorney General, Civiletti argued several important cases on behalf of the U.S. government
. Notably, he argued before the International Court of Justice
on behalf of Americans being held captive in Iran during the Iran Hostage Crisis
. He also argued before the US Supreme Court
in support of the government's right to denaturalize Nazi
war criminals.
Opinions written by Attorney General Civiletti interpreting the Constitution and federal law to say that government can't operate until Congress agrees on a spending bill set the stage for partial government shutdown
s in later years.
Following the provisions of the North American Free Trade Agreement
(NAFTA), Civiletti served on a secret tribunal that did not receive public participation or oversight, to determine whether or not Metalclad
, a US corporation, could demand compensation for a hazardous waste landfill that the Mexican government had blocked from operating. Civiletti ultimately co-signed a decision to award damages to Metalclad in the amount of $16,685,000 USD. Funding for such compensation is achieved through tax dollars.
On July 10, 2008, Maryland Governor Martin O'Malley
announced that Civiletti would serve as the Chairman of the Maryland Commission on Capital Punishment, setup to study the application of capital punishment in Maryland
and make a recommendation on the abolition of the death penalty in Maryland. On November 12, 2008, the Commission voted 13-7, with Civiletti voting with the majority, to recommend that the Maryland General Assembly
abolish capital punishment in the state.
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
during the last year and a half of the Carter administration
Presidency of Jimmy Carter
Jimmy Carter served as the thirty-ninth President of the United States from 1977 to 1981. His administration sought to make the government "competent and compassionate" but, in the midst of an economic crisis produced by rising energy prices and stagflation, met with difficulty in achieving its...
, from 1979 to 1981. He is now a senior partner in the Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, law firm of Venable LLP
Venable LLP
Venable LLP is a law firm formerly known as Venable, Baetjer & Howard LLP. The firm is . It was founded in Baltimore in 1900. Today the firm maintains 7 offices throughout the country and includes over 500 attorneys practicing in over covering corporate and business law, complex litigation,...
, specializing in commercial litigation and internal investigations, and in 2005 became the first U.S. lawyer to charge $1000 an hour. He is also currently one of the three members of the Independent Review board. The IRB is the board that the Teamsters Union must answer to when allegations of corruption and mafia infiltration surface.
Civiletti was educated at Johns Hopkins University
Johns Hopkins University
The Johns Hopkins University, commonly referred to as Johns Hopkins, JHU, or simply Hopkins, is a private research university based in Baltimore, Maryland, United States...
, where he received a bachelor's degree in psychology
Psychology
Psychology is the study of the mind and behavior. Its immediate goal is to understand individuals and groups by both establishing general principles and researching specific cases. For many, the ultimate goal of psychology is to benefit society...
in 1957, and at the University of Maryland School of Law
University of Maryland School of Law
The University of Maryland Francis King Carey School of Law is the second-oldest law school in the United States by date of establishment and third-oldest by date of first classes. The school is located on the campus of the University of Maryland, Baltimore in Downtown Baltimore's West Side...
in Baltimore, Maryland, where he was awarded a Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
(J.D.) in 1961.
Civiletti was a law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
for W. Calvin Chestnut, a judge on the U.S. District Court for the District of Maryland
United States District Court for the District of Maryland
The United States District Court for the District of Maryland is the Federal district court whose jurisdiction is the state of Maryland....
, and became an Assistant 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...
in Baltimore a year after graduating from law school.
Civiletti was serving as the Deputy Attorney General
United States Deputy Attorney General
United States Deputy Attorney General is the second-highest-ranking official in the United States Department of Justice. In the United States federal government, the Deputy Attorney General oversees the day-to-day operation of the Department of Justice, and may act as Attorney General during the...
when his boss Griffin B. Bell
Griffin Bell
Griffin Boyette Bell was an American lawyer and former Attorney General. He served as the nation's 72nd Attorney General during the Jimmy Carter administration...
resigned. He was elevated to the top job in the Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
on July 19, 1979. Although Bell was not involved in the shake-up and resigned voluntarily, it occurred during a major Cabinet shakeup in the Carter administration. On the same day, Secretary of Health, Education, and Welfare Joseph A. Califano, Jr.
Joseph A. Califano, Jr.
Joseph Anthony Califano, Jr. is Founder and Chairman of The National Center on Addiction and Substance Abuse at Columbia University, an independent non-profit research center affiliated with Columbia University in New York City...
and Treasury Secretary W. Michael Blumenthal
W. Michael Blumenthal
Werner Michael Blumenthal served as United States Secretary of the Treasury under President Jimmy Carter from 1977-1979.-Life and career:...
also resigned. Transportation Secretary Brock Adams
Brock Adams
Brockman "Brock" Adams was an American politician and member of Congress. Adams was a Democrat from Washington and served as a U.S. Representative, Senator, and United States Secretary of Transportation before retiring in January 1993.Adams was born in Atlanta, Georgia, and attended the public...
soon followed.
Civiletti had come to Bell's attention when he was forming the Justice Department for the newly elected President by Carter's close confidant, Charles Kirbo
Charles Kirbo
Charles Hughes Kirbo was an American lawyer and longtime advisor to Jimmy Carter.-Early life and legal career:...
, a law partner of Bell's who had once been involved in a case with Civiletti. Civiletti served as Assistant Attorney General in charge of the Criminal Division and was elevated to Deputy Attorney General after the resignation of Carter's initial Deputy Attorney General, former longtime Pittsburgh Mayor Peter Flaherty.
As Attorney General, Civiletti argued several important cases on behalf of the U.S. government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
. Notably, he argued before the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
on behalf of Americans being held captive in Iran during the Iran Hostage Crisis
Iran hostage crisis
The Iran hostage crisis was a diplomatic crisis between Iran and the United States where 52 Americans were held hostage for 444 days from November 4, 1979 to January 20, 1981, after a group of Islamist students and militants took over the American Embassy in Tehran in support of the Iranian...
. He also argued before the US Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in support of the government's right to denaturalize Nazi
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...
war criminals.
Opinions written by Attorney General Civiletti interpreting the Constitution and federal law to say that government can't operate until Congress agrees on a spending bill set the stage for partial government shutdown
Government shutdown
In U.S. politics, a government shutdown is a situation in which the government stops providing all but "essential" services. Typically, services that continue despite a shutdown include police, fire fighting, postal service, armed forces, utilities, air traffic management, and corrections.- Causes...
s in later years.
Following the provisions of the North American Free Trade Agreement
North American Free Trade Agreement
The North American Free Trade Agreement or NAFTA is an agreement signed by the governments of Canada, Mexico, and the United States, creating a trilateral trade bloc in North America. The agreement came into force on January 1, 1994. It superseded the Canada – United States Free Trade Agreement...
(NAFTA), Civiletti served on a secret tribunal that did not receive public participation or oversight, to determine whether or not Metalclad
Metalclad
Metalclad is an American landfill management firm.-Guadalcázar landfill:Metalclad bought a landfill site in Mexico's city of Guadalcázar from a Mexican company Coterin in 1993. Coterin had planned to develop a hazardous waste landfill on the site but were unable to secure the necessary permits from...
, a US corporation, could demand compensation for a hazardous waste landfill that the Mexican government had blocked from operating. Civiletti ultimately co-signed a decision to award damages to Metalclad in the amount of $16,685,000 USD. Funding for such compensation is achieved through tax dollars.
On July 10, 2008, Maryland Governor Martin O'Malley
Martin O'Malley
Martin Joseph O'Malley is an American Democratic politician who is currently serving as the 61st Governor of Maryland. Previously, he served as the mayor of Baltimore from 1999 to 2007. He is currently the chairman of the Democratic Governors Association.-Early life, education and career:O'Malley...
announced that Civiletti would serve as the Chairman of the Maryland Commission on Capital Punishment, setup to study the application of capital punishment in Maryland
Capital punishment in Maryland
Capital punishment is a legal form of judicial punishment in the U.S. state of Maryland. It has been in use in the state — or more precisely, its predecessor colony — since June 20, 1638, when two men were hanged for piracy in St. Mary's County. A total of 309 people were executed by a variety of...
and make a recommendation on the abolition of the death penalty in Maryland. On November 12, 2008, the Commission voted 13-7, with Civiletti voting with the majority, to recommend that the Maryland General Assembly
Maryland General Assembly
The Maryland General Assembly is the state legislature of the U.S. state of Maryland. It is a bicameral body. The upper chamber, the Maryland State Senate, has 47 representatives and the lower chamber, the Maryland House of Delegates, has 141 representatives...
abolish capital punishment in the state.