Laurence H. Silberman
Encyclopedia
Laurence Hirsch Silberman (born October 12, 1935) is a senior federal judge
on the United States Court of Appeals for the District of Columbia Circuit
. He was appointed in October 1985 by Ronald Reagan
and took senior status
on November 1, 2000. He continues to serve on the court. On June 11, 2008, Silberman was named a recipient of the Presidential Medal of Freedom
, the highest civilian honor granted by the government of the United States.
in 1957 and Harvard Law School
in 1961. He served in the United States Army
from 1957 to 1958. His first wife, Rosalie "Ricky" Gaull Silberman
, co-foundress of the Independent Women's Forum
, died on February 17, 2007. Silberman has since remarried to Patricia Winn Silberman.
Silberman is also a friend of Justice Clarence Thomas
and in 1989 encouraged a young and then-reluctant Thomas to accept a federal judgeship on the United States Court of Appeals for the D.C. Circuit.
and Morrison & Foerster and Steptoe & Johnson
in Washington, D.C.
He has also served as Executive Vice President of Crocker National Bank
in San Francisco
. His government service includes stints as an attorney in the NLRB's
appellate section, as Solicitor of the Department of Labor
from 1969 to 1970, and as Undersecretary of Labor from 1970 to 1973. As Deputy Attorney General
of the United States from 1974 to 1975, Silberman was tasked with reviewing J. Edgar Hoover
's secret files, which he has described as "the single worst experience of my long governmental service." Silberman also served briefly as Acting Attorney General during the Watergate crisis
, an experience he has described as awkward: "We were simultaneously carrying out President Nixon's
agenda and supporting those who were vigorously prosecuting him."
President Gerald Ford
appointed Silberman as Ambassador to Yugoslavia
from 1975 to 1977. At that same time, he also served as the Presidential Special Envoy for International Labor Organization Affairs. From 1981 to 1985, he served as a member of the General Advisory Committee on Arms Control and Disarmament and the Defense Policy Board. He was a member of the United States Foreign Intelligence Surveillance Court of Review
at the time of its first ever session in 2002.
Silberman was on the short list of potential nominees to the Supreme Court on three separate occasions in 1987, 1990, and 1991.
On February 6, 2004, Silberman was appointed co-chairman of the Iraq Intelligence Commission
, an independent blue-ribbon panel created to investigate U.S. intelligence surrounding the United States
' 2003 invasion of Iraq
and Iraq's weapons of mass destruction
. In the wake of the resignation of Alberto Gonzales
as United States Attorney General
in 2007, Silberman was mentioned as a possible successor.
right “to keep and bear arms.” The case was subsequently upheld by the Supreme Court
in District of Columbia v. Heller
.
In In re Sealed Case, Silberman held that the procedures for appointing independent counsels
violated the Appointments Clause
of the Constitution and the separation of powers, because they interfered with the President’s ability to ensure that the laws are “faithfully executed.” This decision was subsequently reversed by the Supreme Court
in Morrison v. Olson
, over a vigorous dissent by Justice Antonin Scalia
. After the Clinton impeachment episode
, many changed their minds on this issue and praised Judge Silberman and Justice Scalia’s position.
In a later per curiam decision
captioned In re Sealed Case No. 02-001
, the court upheld a provision of the Patriot Act
that made it easier for law enforcement officers and intelligence officers to share information with each other. This was an important decision involving interpretation of the Patriot Act
, the use of foreign intelligence, and the role of the FISA Court. Silberman subsequently disclosed that he had in fact written the opinion.
In 2006, Silberman responded at length on Michael Barone's
blog to allegations made by the journalist David Brock
in the book Blinded by the Right: The Conscience of an Ex-Conservative
.
from 1987 to 1994 and from 1997 to 1999, at NYU from 1995 to 1996, and at Harvard in 1998. He currently holds the position of Distinguished Visitor from the Judiciary at Georgetown University Law Center
and teaches both administrative law
and labor law. Silberman received the Charles Fahy Distinguished Adjunct Professor Award for the 2002-2003 academic year. He has also received a Lifetime Service Award (2006) and a Distinguished Service Award (2007) from the Federalist Society
chapters of Georgetown and Harvard, respectively.
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...
on the United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
. He was appointed in October 1985 by 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....
and took senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on November 1, 2000. He continues to serve on the court. On June 11, 2008, Silberman was named a recipient of the Presidential Medal of Freedom
Presidential Medal of Freedom
The Presidential Medal of Freedom is an award bestowed by the President of the United States and is—along with thecomparable Congressional Gold Medal bestowed by an act of U.S. Congress—the highest civilian award in the United States...
, the highest civilian honor granted by the government of the United States.
Biography
Silberman graduated from Dartmouth CollegeDartmouth College
Dartmouth College is a private, Ivy League university in Hanover, New Hampshire, United States. The institution comprises a liberal arts college, Dartmouth Medical School, Thayer School of Engineering, and the Tuck School of Business, as well as 19 graduate programs in the arts and sciences...
in 1957 and Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
in 1961. He served in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
from 1957 to 1958. His first wife, Rosalie "Ricky" Gaull Silberman
Rosalie (Ricky) Gaull Silberman
Ricky Silberman was an American conservative activist who, with Barbara Olson, co-founded the Independent Women's Forum.-Biography:...
, co-foundress of the Independent Women's Forum
Independent Women's Forum
The Independent Women's Forum is an American conservative, non-profit, non-partisan research and educational institution focused on domestic and foreign policy issues of concern to women...
, died on February 17, 2007. Silberman has since remarried to Patricia Winn Silberman.
Silberman is also a friend of Justice Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
and in 1989 encouraged a young and then-reluctant Thomas to accept a federal judgeship on the United States Court of Appeals for the D.C. Circuit.
Career
Silberman has worked in the private sector as a partner at the law firms Moore, Silberman & Schulze in HonoluluHonolulu, Hawaii
Honolulu is the capital and the most populous city of the U.S. state of Hawaii. Honolulu is the southernmost major U.S. city. Although the name "Honolulu" refers to the urban area on the southeastern shore of the island of Oahu, the city and county government are consolidated as the City and...
and Morrison & Foerster and Steptoe & Johnson
Steptoe & Johnson
Steptoe & Johnson LLP is an international law firm recognized for representation of clients before governmental agencies, advocacy in complex litigation and arbitration, and advice in guiding business transactions...
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....
He has also served as Executive Vice President of Crocker National Bank
Crocker National Bank
Crocker National Bank was a United States bank headquartered in San Francisco, California. It was acquired by and merged into Wells Fargo Bank in 1986.-History:The bank traces its history to the Woolworth National Bank in San Francisco...
in San Francisco
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
. His government service includes stints as an attorney in the NLRB's
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
appellate section, as Solicitor of the Department of Labor
United States Department of Labor
The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...
from 1969 to 1970, and as Undersecretary of Labor from 1970 to 1973. As 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...
of the United States from 1974 to 1975, Silberman was tasked with reviewing 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...
's secret files, which he has described as "the single worst experience of my long governmental service." Silberman also served briefly as Acting Attorney General during the Watergate crisis
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...
, an experience he has described as awkward: "We were simultaneously carrying out President Nixon's
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
agenda and supporting those who were vigorously prosecuting him."
President Gerald Ford
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...
appointed Silberman as Ambassador to Yugoslavia
Yugoslavia
Yugoslavia refers to three political entities that existed successively on the western part of the Balkans during most of the 20th century....
from 1975 to 1977. At that same time, he also served as the Presidential Special Envoy for International Labor Organization Affairs. From 1981 to 1985, he served as a member of the General Advisory Committee on Arms Control and Disarmament and the Defense Policy Board. He was a member of the United States Foreign Intelligence Surveillance Court of Review
United States Foreign Intelligence Surveillance Court of Review
The United States Foreign Intelligence Surveillance Court of Review is a U.S. federal court authorized under and established by the Foreign Intelligence Surveillance Act of 1978...
at the time of its first ever session in 2002.
Silberman was on the short list of potential nominees to the Supreme Court on three separate occasions in 1987, 1990, and 1991.
On February 6, 2004, Silberman was appointed co-chairman of the Iraq Intelligence Commission
Iraq Intelligence Commission
The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction is a panel created by Executive Order 13328 signed by U.S. President George W. Bush in February 2004...
, an independent blue-ribbon panel created to investigate U.S. intelligence surrounding the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
' 2003 invasion of Iraq
2003 invasion of Iraq
The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
and Iraq's weapons of mass destruction
Weapons of mass destruction
A weapon of mass destruction is a weapon that can kill and bring significant harm to a large number of humans and/or cause great damage to man-made structures , natural structures , or the biosphere in general...
. In the wake of the resignation of Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
as United States Attorney General
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...
in 2007, Silberman was mentioned as a possible successor.
Legal Opinions
As a judge, Silberman has authored a number of noteworthy opinions. In Parker v. District of Columbia, Silberman held that the District of Columbia’s flat ban on the registration and carrying of firearms violated the Second AmendmentSecond Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
right “to keep and bear arms.” The case was subsequently upheld by the 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 District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
.
In In re Sealed Case, Silberman held that the procedures for appointing independent counsels
United States Office of the Independent Counsel
United States Office of the Independent Counsel was an independent prosecutor — distinct from the Attorney General of the United States Department of Justice — that provided reports to the Congress under . The office was terminated in 1999 and replaced by the U.S...
violated the Appointments Clause
Appointments Clause
Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the President of the United States to appoint certain public officials with the "advice and consent" of the U.S. Senate...
of the Constitution and the separation of powers, because they interfered with the President’s ability to ensure that the laws are “faithfully executed.” This decision was subsequently reversed by the 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 Morrison v. Olson
Morrison v. Olson
Morrison v. Olson, 487 U.S. 654 , was a case that went before the Supreme Court of the United States. By a 7 to 1 margin, the Court ruled that the Independent Counsel Act was constitutional...
, over a vigorous dissent by Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
. After the Clinton impeachment episode
Impeachment of Bill Clinton
Bill Clinton, President of the United States, was impeached by the House of Representatives on charges of perjury and obstruction of justice on December 19, 1998, but acquitted by the Senate on February 12, 1999. Two other impeachment articles, a second perjury charge and a charge of abuse of...
, many changed their minds on this issue and praised Judge Silberman and Justice Scalia’s position.
In a later per curiam decision
Per curiam decision
In law, a per curiam decision is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court acting collectively and anonymously...
captioned In re Sealed Case No. 02-001
In Re Sealed Case No. 02-001
In re Sealed Case, 310 F.3d 717 , is decision by the United States Foreign Intelligence Surveillance Court of Review reviewing a "denial" of a Foreign Intelligence Surveillance Act application handed down on May 17, 2002. The Court of Review reversed the Foreign Intelligence Surveillance Court ...
, the court upheld a provision of the Patriot Act
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
that made it easier for law enforcement officers and intelligence officers to share information with each other. This was an important decision involving interpretation of the Patriot Act
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
, the use of foreign intelligence, and the role of the FISA Court. Silberman subsequently disclosed that he had in fact written the opinion.
Criticism
Silberman has on occasion attracted the attention of conspiracy theorists. Silberman responded as follows:In 2006, Silberman responded at length on Michael Barone's
Michael Barone (pundit)
Michael Barone is a conservative American political analyst, pundit and journalist. He is best known for being the principal author of The Almanac of American Politics, a reference work concerning US governors and federal politicians, and published biennially by National Journal...
blog to allegations made by the journalist David Brock
David Brock
David Brock is an American journalist and author, the founder of the media watchdog group, Media Matters for America, and a Democratic political operative...
in the book Blinded by the Right: The Conscience of an Ex-Conservative
Blinded by the Right
Blinded by the Right: The Conscience of an Ex-Conservative is a 2002 book written by former conservative journalist David Brock detailing his departure from the conservative movement. It is also the story of his coming out as a gay man. In the book, he states that he visited gay bars with Matt...
.
Academic career
He was an Adjunct Professor of Administrative Law at Georgetown University Law CenterGeorgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
from 1987 to 1994 and from 1997 to 1999, at NYU from 1995 to 1996, and at Harvard in 1998. He currently holds the position of Distinguished Visitor from the Judiciary at Georgetown University Law Center
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
and teaches both administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
and labor law. Silberman received the Charles Fahy Distinguished Adjunct Professor Award for the 2002-2003 academic year. He has also received a Lifetime Service Award (2006) and a Distinguished Service Award (2007) from the Federalist Society
Federalist Society
The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of conservatives seeking reform of the current American legal system in accordance with a textualist and/or originalist interpretation of the U.S. Constitution...
chapters of Georgetown and Harvard, respectively.