Colleen Kollar-Kotelly
Encyclopedia
Colleen Kollar-Kotelly is a judge for the United States District Court for the District of Columbia
and was presiding judge of the Foreign Intelligence Surveillance Court (FISC).
. She earned both her B.A. degree in English
from Catholic University of America (Delta Epsilon Honor Society) and her J.D.
from Catholic University of America's Columbus School of Law (Moot court Board of Governors) in 1968. From 1968-69 Kollar-Kotelly served as a law clerk to the Hon. Catherine B. Kelly, District of Columbia Court of Appeals. From 1969 to 1972, Kollar-Kotelly was an attorney for the Department of Justice
, Criminal Division, Appellate Section, after which she became chief legal counsel for St. Elizabeths Hospital
, Department of Health and Human Services, from 1972 to 1984.
On October 3, 1984, Kollar-Kotelly was nominated as an associate judge of the D.C. Superior Court by President Ronald Reagan
; she took her oath of office on October 21. She served as Deputy Presiding Judge, Criminal Division from 1997 to 1997.
She was appointed as a judge to the U.S. District Court for the District of Columbia by President Bill Clinton
on March 26, 1997, to a seat vacated by Harold H. Greene
; she took her oath of office on May 12, 1997. Chief Justice
William Rehnquist
appointed Judge Kollar-Kotelly to serve on the Financial Disclosure Committee (2000–02), and later as Presiding Judge of the United States Foreign Intelligence Surveillance Court, where she served from 2002 to 2009.
Judge Kollar-Kotelly received attention from a 2006 Washington Post article describing her administration of the FISC, and in particular, what weight evidence taken from warrantless searches should be given to issuing subsequent search warrants for suspects of terrorism and espionage.
anti-trust case, after Judge Thomas Penfield Jackson
was removed from the case. The decision was reversed in part and upheld in part.
Kollar-Kotelly denied a last-minute appeal by Saddam Hussein
's legal team, stating that the United States has no right to interfere with the judicial processes of another nation's courts. In August 2007, she ordered the administration of George W. Bush
to give its views regarding records requests by the American Civil Liberties Union
on the National Security Agency's
wiretapping program.
On October 1, 2007, Kollar-Kotelly reversed George W. Bush
on archive secrecy in a 38-page ruling, which said that the U.S. Archivist's
reliance on the executive order to delay release of the papers of former presidents is "arbitrary, capricious, an abuse of discretion and not in accordance with law." The National Security Archive
at George Washington University
alleged that the Bush order severely slowed or prevented the release of historic presidential papers.
On June 16, 2008, Kollar-Kotelly ruled that the Office of Administration
was not subject to the Freedom of Information Act
, and therefore did not have to release records regarding missing White House e-mails
. This was seen as a victory for the Bush Administration in terms of maintaining a tight grip on the flow of information about the executive branch.
On September 20, 2008, Judge Kollar-Kotelly issued a preliminary injunction
ordering Vice President of the United States
Dick Cheney
and the National Archives to preserve all of Cheney's official records.
On March 19, 2009, the judge issued a preliminary injunction
in a joint lawsuit brought by the Brady Campaign to Prevent Gun Violence, the National Parks Conservation Association
and the Coalition of National Park Service Retirees, to block a change of rule which had been enacted by the United States Department of the Interior after being supported by 51 members of Congress and passing an extended public comments period. Said rule change repealed restrictions on licensed concealed carry in national parks. She stated that her decision to block the change of rule was because there was no environmental analysis performed and therefore Congress "ignored (without sufficient explanation) substantial information in the administrative record concerning environmental impacts" of the rule.
United States District Court for the District of Columbia
The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...
and was presiding judge of the Foreign Intelligence Surveillance Court (FISC).
Background
Kollar-Kotelly, the daughter of Konstantine and Irene Kollar attended bilingual schools in Mexico, Ecuador and Venezuela. She attended Georgetown Visitation Preparatory School in 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....
. She earned both her B.A. degree in English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
from Catholic University of America (Delta Epsilon Honor Society) and her J.D.
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...
from Catholic University of America's Columbus School of Law (Moot court Board of Governors) in 1968. From 1968-69 Kollar-Kotelly served as a law clerk to the Hon. Catherine B. Kelly, District of Columbia Court of Appeals. From 1969 to 1972, Kollar-Kotelly was an attorney for the Department of Justice
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...
, Criminal Division, Appellate Section, after which she became chief legal counsel for St. Elizabeths Hospital
St. Elizabeths Hospital
St. Elizabeths Hospital is a psychiatric hospital operated by the District of Columbia Department of Mental Health. It was the first large-scale, federally-run psychiatric hospital in the United States. Housing several thousand patients at its peak, St. Elizabeths had a fully functioning...
, Department of Health and Human Services, from 1972 to 1984.
On October 3, 1984, Kollar-Kotelly was nominated as an associate judge of the D.C. Superior Court by President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
; she took her oath of office on October 21. She served as Deputy Presiding Judge, Criminal Division from 1997 to 1997.
She was appointed as a judge to the U.S. District Court for the District of Columbia by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on March 26, 1997, to a seat vacated by Harold H. Greene
Harold H. Greene
Harold Herman Greene was a federal judge for the United States District Court for the District of Columbia...
; she took her oath of office on May 12, 1997. Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
appointed Judge Kollar-Kotelly to serve on the Financial Disclosure Committee (2000–02), and later as Presiding Judge of the United States Foreign Intelligence Surveillance Court, where she served from 2002 to 2009.
Judge Kollar-Kotelly received attention from a 2006 Washington Post article describing her administration of the FISC, and in particular, what weight evidence taken from warrantless searches should be given to issuing subsequent search warrants for suspects of terrorism and espionage.
Notable cases
In August 2001, Kollar-Kotelly was assigned the United States v. MicrosoftUnited States v. Microsoft
United States v. Microsoft was a set of civil actions filed against Microsoft Corporation pursuant to the Sherman Antitrust Act of 1890 Section 1 and 2 on May 8, 1998 by the United States Department of Justice and 20 U.S. states. Joel I. Klein was the lead prosecutor...
anti-trust case, after Judge Thomas Penfield Jackson
Thomas Penfield Jackson
Thomas Penfield Jackson is a former United States District Court Judge for the District of Columbia....
was removed from the case. The decision was reversed in part and upheld in part.
Kollar-Kotelly denied a last-minute appeal by Saddam Hussein
Saddam Hussein
Saddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...
's legal team, stating that the United States has no right to interfere with the judicial processes of another nation's courts. In August 2007, she ordered the administration of George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
to give its views regarding records requests by the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
on the National Security Agency's
National Security Agency
The National Security Agency/Central Security Service is a cryptologic intelligence agency of the United States Department of Defense responsible for the collection and analysis of foreign communications and foreign signals intelligence, as well as protecting U.S...
wiretapping program.
On October 1, 2007, Kollar-Kotelly reversed George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
on archive secrecy in a 38-page ruling, which said that the U.S. Archivist's
Archivist of the United States
The Archivist of the United States is the chief official overseeing the operation of the National Archives and Records Administration. The first Archivist, R.D.W. Connor, began serving in 1934, when the National Archives was established as an independent federal agency by Congress...
reliance on the executive order to delay release of the papers of former presidents is "arbitrary, capricious, an abuse of discretion and not in accordance with law." The National Security Archive
National Security Archive
The National Security Archive is a 501 non-governmental, non-profit research and archival institution located in the George Washington University in Washington, D.C.. Founded in 1985 by Scott Armstrong, it archives and publishes declassified U.S. government files concerning selected topics of US...
at George Washington University
George Washington University
The George Washington University is a private, coeducational comprehensive university located in Washington, D.C. in the United States...
alleged that the Bush order severely slowed or prevented the release of historic presidential papers.
On June 16, 2008, Kollar-Kotelly ruled that the Office of Administration
Office of Administration
The Office of Administration is an entity within the Executive Office of the President tasked with overseeing the general administration of the entire Executive Office.-History:...
was not subject to the Freedom of Information Act
Freedom of Information Act (United States)
The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...
, and therefore did not have to release records regarding missing White House e-mails
Bush White House e-mail controversy
The Bush White House email controversy surfaced in 2007, during the controversy involving the dismissal of eight U.S. attorneys. Congressional requests for administration documents while investigating the dismissals of the U.S...
. This was seen as a victory for the Bush Administration in terms of maintaining a tight grip on the flow of information about the executive branch.
On September 20, 2008, Judge Kollar-Kotelly issued a preliminary injunction
Preliminary injunction
A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...
ordering Vice President of the United States
Vice President of the United States
The Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...
Dick Cheney
Dick Cheney
Richard Bruce "Dick" Cheney served as the 46th Vice President of the United States , under George W. Bush....
and the National Archives to preserve all of Cheney's official records.
On March 19, 2009, the judge issued a preliminary injunction
Preliminary injunction
A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...
in a joint lawsuit brought by the Brady Campaign to Prevent Gun Violence, the National Parks Conservation Association
National Parks Conservation Association
The National Parks Conservation Association is the only independent, membership organization devoted exclusively to advocacy on behalf of the National Parks System...
and the Coalition of National Park Service Retirees, to block a change of rule which had been enacted by the United States Department of the Interior after being supported by 51 members of Congress and passing an extended public comments period. Said rule change repealed restrictions on licensed concealed carry in national parks. She stated that her decision to block the change of rule was because there was no environmental analysis performed and therefore Congress "ignored (without sufficient explanation) substantial information in the administrative record concerning environmental impacts" of the rule.