Checks & Balances: Public Engagement 2019-2020 Last updated: August 2020

SUMMARY Checks & Balances (C&B) launched in late 2018 with this mission statement: “We are a group of attorneys who would traditionally be considered conservative or libertarian. We believe in the rule of law, the power of truth, the independence of the criminal justice system, the imperative of individual rights, and the necessity of civil discourse. We believe these principles apply regardless of the party or persons in power. We believe in ‘a government of laws, not of men.’

“We believe in the Constitution. We believe in free speech, a free press, separation of powers, and limited government. We have faith in the resiliency of the American experiment. We seek to provide a voice and a network for like-minded attorneys to discuss these ideas, and we hope that they will join with us to stand up for these principles.”

Checks and Balances founders and affiliates are listed here.

ACTIVITIES

PRO BONO LITIGATION • Stuart Gerson is co-counsel in El Paso v. Trump, challenging President Trump’s border wall national emergency declaration.

CONGRESSIONAL TESTIMONY • In February 2019, Stuart Gerson testified before the U.S. House Judiciary Committee Subcommittee on the National Emergencies Act on the topic of “Executive Privilege and Congressional Oversight.” Read his written testimony here and watch the video here. • In May 2019, Paul Rosenzweig testified before the U.S. House Judiciary Committee on the topic of “Executive Privilege and Congressional Oversight.” Read his written testimony here and watch the video here. • In June 2019, Carrie Cordero provided testimony on the Mueller Report before the U.S. House Judiciary Committee. Read the written testimony here and watch the video here. • In June 2020, Donald Ayer testified before the U.S. House Judiciary Committee about oversight of the Justice Department and the actions of Attorney General Bill Barr. Read the written testimony here and watch the video here.

AMICUS BRIEFS • Donald Ayer, Charles Fried, Stuart Gerson, Jonathan Rose, and Paul Rosenzweig joined more than a thousand other former federal prosecutors in signing an amicus brief in United States v. Flynn. Read about it here.

• Trevor Potter and George Conway are signers in this amicus brief in the Flynn case. Read more about it in . • Trevor Potter and Stuart Gerson signed on to an amicus brief filed in Trump v. Mazars and Trump v. Deutsche Bank. Read it here. • In Trump v. Vance, John Bellinger and Peter Keisler are amici in this brief. • In another brief in Vance, the following C&B members are amici: Donald Ayer, George Conway, Charles Fried, Stuart Gerson, Trevor Potter, Paul Rosenzweig, and J.W. Verret. Read it here. • Peter Keisler has been an amicus in briefs filed in El Paso County v. Trump, Sierra Club v. Trump, State of California v. Trump, and East Bay Sanctuary Covenant v. Trump.

CHECKS & BALANCES PUBLIC STATEMENTS C&B is well-known for issuing public statements in response to legal or constitutional issues, followed by considerable media coverage that includes television, print, and radio interviews with C&B members. Statements were released on the following topics between 2019-2020:

• In April 2019, Checks & Balances issued a statement on the Mueller Report. • In July 2019, Checks & Balances issued a statement on President Trump’s racist tweets. • In October 2019, Checks & Balances issued a statement on President Trump’s abuse of office. • In November 2019, Checks & Balances issued a statement on Attorney General Barr’s address at the . • In December 2019, four Checks & Balances members issued a response to the OIG Report & Attorney General Barr’s statement. • In April 2020, Checks & Balances issued a statement on the firing of Inspector General Michael Atkinson. • In June 2020, Checks & Balances issued a statement (via ) on the removal of Geoffrey Berman as US Attorney for the Southern District of . • In July 2020, 26 members of Checks & Balances signed on to a statement rejecting President Trump’s suggestion to postpone the November election.

Press coverage of C&B public statements:

• Jacqueline Thomsen, George Conway’s Group: Trump tweets ‘should be rejected by every American,’ , July 15, 2019. • Mike Scarcella, Conservative Lawyers’ Group Condemns Trump’s ‘Ignorant Racist Nature,’ National Law Journal, July 15, 2019. • Conservative Lawyers Slam Trump’s ‘Ignorant Racist’ Tweets, Law360, July 15, 2019. • Joe Patrice, Morning Docket: 07.16.19, Above the Law, July 16, 2019. • Justin Wise, George Conway, conservative attorneys urge House to move quickly on impeachment, The Hill, October 10, 2019. • Colby Itkowitz, George Conway and other prominent conservatives call for ‘expeditious’ impeachment probe, Washington Post, October 10, 2019.

• William Cummings, George Conway, other conservative lawyers say Trump’s acts ‘threaten our democracy,’ USA Today, October 10, 2019. • Rashaan Ayesh, George Conway leads conservative lawyers in call for “expeditious” Trump impeachment, Axios, October 10, 2019. • Mike Scarcella, 16 Conservative Lawyers Say They Support ‘Expeditious’ Impeachment Inquiry, National Law Journal, October 10, 2019. • Interview of Donald Ayer on OutFront, October 10, 2019. • Interview of Marisa Maleck on Live with , October 10, 2019. • Interview of J.W. Verret on Hardball with Chris Matthews, October 10, 2019. • Interview of J.W. Verret and Paul Rosenzweig on CNN Tonight, October 11, 2019. • Interview of Charles Fried and Jonathan Adler on All in with Chris Hayes, October 11, 2019. • Katie Benner, Barr’s Legal Views Come Under Fire From Conservative-Leaning Lawyers, New York Times, November 22, 2019 • Jerry Lambe, Prominent Conservative Lawyers: Barr’s Views on Executive Power Are ‘Incongruous’ with Checks and Balances, Law & Crime, November 23, 2019. • Aris Foley, Barr criticized by conservative lawyers for stance on executive power, The Hill, November 25, 2019. • Garrett Epps, Worshipping the Law While Denying Its Spirit, The Atlantic, November 26, 2019. • Interviews of Paul Rosenzweig and Stuart Gerson on CNN's New Day, December 2, 2019. • Katie Benner discussed the statement on MSNBC's Up With David Gura, December 2, 2019. • C. Ryan Barber, Former Justice Dept. Leaders Slam Barr’s Commentary on Inspector General’s Report, National Law Journal, December 10, 2019. • Jason Lemon, Conservative Attorney Group Slams Trump’s AG: ‘Bill Barr Has Grossly Mischaracterized and Subverted’ IG Findings, Newsweek, December 10, 2019. • Colin Kalmbacher, AG Barr Ripped for Pro-Trump Bias in Wake of Attacks on OIG Report: ‘Subverted the Findings,’ Law & Crime, December 10, 2019. • C. Ryan Barber, ‘Extraordinarily Disturbing’: Former Watchdogs Sound Off on Trump’s Denigration of Inspectors General, National Law Journal, April 7, 2020. • Zachary Cohen, et. al., Amid coronavirus, Trump seizes chance to carry out a long- desired purge of government watchdogs, CNN, April 8, 2020.

C&B SPONSORED EVENTS

• A March 2019 event was co-branded with Georgetown Law’s Institute for Constitutional Advocacy and Protection and was held at Georgetown Law Center. It featured George Conway (C&B member), Law Professor Anthony Clark Arend, and a panel discussion of the topic “Rule of Law in America.” Download a link to watch here and read the tweet thread here.

• A November 2019 event was held at Scalia Law School and featured a panel discussion on the topic of executive power, emergency authorities, and the border wall litigation.

The forum featured C&B member Stuart Gerson, who represents the plaintiffs in a major lawsuit challenging the diversion of funds for the border wall, as well as Kristy Parker (Counsel for Protect Democracy) and Ilya Somin (C&B member). The event was moderated by C&B’s Carrie Cordero.

C&B MEMBER PUBLIC ACTIVITY

• On May 22, 2019, Stuart Gerson participated in a Hill briefing entitled “Bipartisan staff briefing on National Emergencies Act and El Paso v. Trump.” • On February 24, 2020, Tom Ridge organized and hosted a symposium on election security and infrastructure. The event was co-hosted by Penn State Dickinson Law, Center for Democracy & Technology, and the Brennan Center, and Carrie Cordero also participated. Watch the symposium here. • On April 7, 2020, Ed Larson discussed his new book in a lecture series hosted by George Washington's Mount Vernon. • In August 2020, John Bellinger and Paul Rosenzweig signed on to a letter with more than 70 former Republican national security officials denouncing President Trump and endorsing Joe Biden. Widespread media coverage included and CNN. • In August 2020, Donald Ayer, Alan Raul, Charles Fried, Stuart Gerson, Peter Keisler, Paul Rosenzweig, Robert Shanks, and J.W. Verret joined a group of Republican appointees from the Department of Justice in coming out against a second Trump term, as covered in this piece.

ARTICLES AND COLUMNS BY CHECKS & BALANCES CO-FOUNDERS AND MEMBERS:

• Alan Raul, Make the Constitution great again: Trump abuses beg for crash course in ‘America 101’, USA Today, January 3, 2019. • Peter Keisler, Stuart Gerson, & Carrie Cordero, Former Justice leaders: 2019 going to be rough — Americans need to recall our timeless principles, The Hill, January 6, 2019. • John Bellinger, New Global Declaration of Democratic Principles, , February 16, 2019. • Paul Rosenzweig, Make the special counsel report public for the sake of Americans, The Hill, February 16, 2019. • Stuart Gerson, Laurence Tribe sues trump over border wall, MSNBC’s Last Word with Lawrence O’Donnell, February 21, 2019. • George Conway, qtd. in Conway’s husband: ‘Banana republic’ if Trump got his wish to go after investigators, The Hill, March 8, 2019. • George Conway, qtd. in George Conway says US risks becoming a ‘banana republic’ under Trump, CNN, March 8, 2019. • Stuart Gerson, A time for Republicans to show allegiance to Congress, The Hill, March 13, 2019. • George Conway, qtd. in Is America Becoming Trump’s Banana Republic?, The New Yorker, March 14, 2019.

• Carrie Cordero, The Emergency Declaration and the Courts, The Bulwark Podcast, March 15, 2019. • Carrie Cordero, Trump’s Preference for Acting Officials Puts National Security at Risk, Lawfare, May 20, 2019. • Jonathan Adler, qtd. in Right-leaning law prof on hiking, biking, converting deniers, E&E News, May 24, 2019. • Paul Rosenzweig & Donald Ayer, Former Republican Federal Prosecutors Speak Out Against President Trump’s Obstruction of Justice, Republicans for the Rule of Law and Protect Democracy, May 30, 2019. • Donald Ayer, Robert Mueller Must Finish the Job, The Atlantic, July 13, 2019. • Stuart Gerson, Americans Can Handle the Truth. Mueller Needs to Give It to Them., The Atlantic, July 23, 2019. • Ilya Somin, Supreme Court Stays Lower Court Ruling Against Trump’s Border Wall Construction, Reason, July 26, 2019. • Trevor Potter, Trump’s Fantasy Election Fraud Claims Ignore the Real and Urgent Problems We Must Deal With Now, Campaign Legal Center, July 29, 2019. • Peter Keisler & Carrie Cordero, The Republican Opposition, Talking Feds, August 19, 2019. • Charles Fried, When a presidential pardon is illegal, Globe, September 16, 2019. • Carrie Cordero, CNN Newsroom, September 18, 2019. • George Conway, Trump has done plenty to warrant impeachment. But the Ukraine allegations are over the top., Washington Post, September 20, 2019. • Ilya Somin, Abolish the President’s Virtually Unconstrained Power to Impose Tariffs, Reason, September 21, 2019. • Jonathan Rose, House Democrats Are Ignoring This Key Lesson of Watergate, The Atlantic, September 23, 2019. • Paul Rosenzweig, Grand Jury Secrecy, Contempt and the McCabe Investigation, Lawfare, September 23, 2019. • J.W. Verret, qtd. in Former Trump Adviser: Trump’s Ukraine Scandal is ‘A Lot Worse’ Than Nixon (CNN), Mediaite, September 30, 2019. • George Conway, Unfit for Office: ’s narcissism makes it impossible for him to carry out the duties of the presidency in the way the Constitution requires., The Atlantic, October 3, 2019. • Carrie Cordero, qtd. in Trump is suggesting foreign leaders investigate the Bidens. Is that illegal?, PBS NewsHour, October 3, 2019. • Ilya Somin, Immigration Law Defies the American Constitution, The Atlantic, October 3, 2019. • Trevor Potter, qtd. in Trump’s Request For Biden Investigation Is Illegal, Campaign Finance Expert Says, Here & Now, October 9, 2019. • Charles Fried, What the White House counsel gets wrong about impeachment, Washington Post, October 11, 2019. • Trevor Potter, qtd. in 2 Associates Of Giuliani Arrested On Campaign Finance Violations, NPR’s Morning Edition, October 11, 2019. • Paul Rosenzweig, I’m Proud to Be Called Human Scum, The Atlantic, October 24, 2019. • Carrie Cordero, qtd. in Newsroom, CNN, October 24, 2019.

• Paul Rosenzweig, qtd. in Trump May Have Broken Federal Bribery Laws in the Ukraine Scandal— But What Will His Justice Department Do About It?, Newsweek, November 4, 2019. • George Conway, Trump’s Appointment of the Acting Attorney General Is Unconstitutional, The New York Times, November 8, 2019. • Ilya Somin, Bill Barr is Wrong to Claim Courts Cannot Examine Government Motives, Reason, November 30, 2019. • Donald Ayer, qtd. in Trump’s Other Lawyer: Much more powerful than Giuliani, is exercising the Justice Department’s full force to defend a president in crisis, New York, December 5, 2019. • J.W. Verret & Jonathan Adler, qtd. in Georgia Senator’s Cryptocurrency and Stock Exchange Ties Make for Tricky Balancing Act, Wall Street Journal, December 6, 2019. • Jonathan Adler, Laughed out of Europe, Left, Right & Center, December 6, 2019. • Carrie Cordero, Barr Disputes Key Finding in IG Report. Says FBI May Have Acted in “Bad Faith” in Russia Probe, The Situation Room with (CNN), December 10, 2019. • Ilya Somin, Impeachment and the Spending Power Revisited, Reason, December 10, 2019. • Stuart Gerson, Republicans, Democrats transcended politics to fight border wall funding, defend democracy. Congress should, too., USA Today, December 13, 2019. • Donald Ayer, Donald Ayer on Bill Barr’s Twisted Vision, The Bulwark Podcast, December 16, 2019. • Jonathan Adler, Why the House must vote yes: Trump is the one who is upsetting our democracy and constitutional order, New York Daily News, December 17, 2019. • Carrie Cordero, Trump Impeached for Abuse of Power, Obstruction of Congress, 360 (CNN), December 18, 2019. • Paul Rosenzweig, HardBall with Chris Matthews, MSNBC, January 4, 2020. • John Bellinger, Attacking Iran’s Cultural Sites Would Violate the Hague Cultural Property Convention, Lawfare, January 5, 2020. • George Conway, Why is Mitch McConnell So Afraid of ?, The New York Times, January 7, 2020. • Paul Rosenzweig, Trials Are for Evidence, The Atlantic, January 9, 2020. • Jonathan Rose, qtd. in ‘We’ve Upped the Ante.’ Why Is Going All in Against Trump, Time, January 9, 2020. • Ed Larson, Checks and Balances… And Trump, The Bulwark, January 10, 2020. • Carrie Cordero, Congress has to figure out whether Trump’s four embassy claim is real, CNN, January 13, 2020. • Ed Larson, Edward Larson on Checks and Balances., The Bulwark Podcast, January 13, 2020. • John Bellinger, qtd. in Trump’s ‘Ignorance’ About International Law Is ‘Extreme Even by U.S. Standards’: Expert, Newsweek, January 15, 2020. • George Conway, George Conway: Why Trump had to hire this legal odd couple, Washington Post, January 19, 2020. • Paul Rosenzweig, Paul Rosenzweig on Ken Starr Defending Trump, Republicans for the Rule of Law, January 19, 2020.

• Ed Larson, How Tennessee’s infamous Scopes monkey trial can inform Trump’s impeachment trial, the Tennessean, January 20, 2020.

• Carrie Cordero, Soon: Impeachment Trial Kicks Off with Fierce Battle Over Rules, CNN Newsroom, January 21, 2020. • Ilya Somin, The Case Against the Slippery Slope Case Against Impeachment for “Abuse of Power,” Reason, January 21, 2020. • Carrie Cordero, Soon: House Managers Resume Presenting Case Against Trump, CNN, January 22, 2020. • George Conway, qtd. in George Conway calls for more thorough investigation in impeachment trial, CNN, January 22, 2020. • Charles Fried, qtd. in Reagan’s Solicitor General Says ‘All Honorable People’ Have Left Trump’s Cabinet: ‘He is Capable of Doing Serious Damage,’ Newsweek, January 22, 2020. • Paul Rosenzweig, Trump’s impeachment defense is dangerous. Abuses of power could crack America’s foundation., USA Today, January 22, 2020. • Jonathan Adler, Was Trump’s Sin Acting “Like a Politician”?, Reason, January 23, 2020. • George Conway, There’s a critical witness impeachment is missing, Washington Post, January 24, 2020. • George Conway, Bolton’s testimony would be devastating. Not even Republicans could look away., Washington Post, January 27, 2020. • Carrie Cordero, Why Trump’s tweet may have waived his executive privilege, The Situation Room with Wolf Blitzer (CNN), January 27, 2020. • Marisa Maleck, J.W. Verret, Charles Fried, & Ed Larson, qtd. in ’s brazen legal arguments in Senate impeachment trial have legal scholars and former colleagues shaking their heads, Washington Post, January 30, 2020. • Ilya Somin, Trump’s Expanded Travel Ban Compounds the Wrongs of Previous Versions, Reason, February 2, 2020. • George Conway, George Conway: I believe the president, and in the president, Washington Post, February 5, 2020. • John Bellinger, Foreign interference in elections is unacceptable. Congress must make it illegal., Washington Post, February 9, 2020. • George Conway, Trump is right. We might have to impeach him again., Washington Post, February 10, 2020. • Carrie Cordero, Under Trump and Barr, justice is tainted by politics, CNN, February 11, 2020. • Stuart Gerson, Impeachment is not over until Americans vote in the election, The Hill, February 11, 2020. • Carrie Cordero, qtd. in All Four Prosecutors Withdraw from Roger Stone Case After Justice Dept. Undercuts Recommended Sentence, CNN, February 11, 2020. • Ilya Somin, Trump Administration Files New Lawsuits Against Sanctuary Jurisdictions, Reason, February 11, 2020. • Carrie Cordero, Legal panel: Roger Stone, Bill Barr and the lessons Trump learned from impeachment, The Lead with (CNN), February 12, 2020.

• Donald Ayer, qtd. in ‘Really shocking’: Trump’s meddling in Stone case stuns Washington, Politico, February 12, 2020. • Orin Kerr, qtd. in Trump, Barr raise ‘enormous red flags’ over Justice Department neutrality, Berkeley News, February 13, 2020. • Paul Rosenzweig, Ex-Starr Whitewater counsel: Barr threatens US justice by doing Trump bidding on Stone, USA Today, February 13, 2020. • Carrie Cordero, AG Barr’s Rebuke on Pres. Trump Sparks Debate Over Motives, Anderson Cooper 360 (CNN), February 14, 2020. • George Conway, George Conway: There is no one to stop Trump now, Washington Post, February 15, 2020. • Donald Ayer, Stuart Gerson, & Paul Rosenzweig, DOJ Alumni Statement on the Events Surrounding the Sentencing of Roger Stone, Medium, February 16, 2020. • Ilya Somin, A Nondelegation Challenge to Trump’s Travel Bans, Reason, February 17, 2020. • Donald Ayer, Bill Barr Must Resign, The Atlantic, February 17, 2020. • Donald Ayer, Former deputy AG Donald Ayer on why Bill Barr ‘must resign,’ All In with Chris Hayes (MSNBC), February 17, 2020. • Donald Ayer, He’s known Bill Barr for 40 years. Now, he’s calling for his resignation, The Situation Room with Wolf Blitzer (CNN), February 17, 2020. • Donald Ayer, qtd. in Former Deputy AG Under George H.W. Bush: Barr Is ‘Un- American,’ ‘Must Resign’ or Be Impeached, Law & Crime, February 17, 2020. • Donald Ayer, qtd. in George H.W. Bush’s Deputy AG Says Bill Barr is ‘Un-American,’ Thinks Trump is ‘Above The Law,’ Newsweek, February 18, 2020. • Donald Ayer, qtd. in What It Will Take To Defeat Trump, Forbes, February 19, 2020. • George Conway, George Conway: Trump’s ‘King Kong’ nickname has come into full fruition, Washington Post, February 19, 2020. • Donald Ayer, Donald Ayer on Why Bill Barr Must Resign, The Bulwark Podcast, February 19, 2020. • Carrie Cordero & Stuart Gerson, qtd. in Barr Dives Into the Culture Wars, and Social Conservatives Rejoice, The New York Times, February 19, 2020. • Donald Ayer, Stone Coldish Sentencing, Skullduggery Podcast, February 21, 2020. • Carrie Cordero, Pres. Trump dismisses Intel Assessment of Russian Efforts in 2020 Election as “Another Disinformation Campaign,” Anderson Cooper 360 (CNN), February 21, 2020. • Donald Ayer, Did Bill Barr Break the Justice Department?, Slate's What Next Podcast, February 25, 2020. • Stuart Gerson, Let the Rule of Law Rule Law Enforcement: Reflections on the Current Attorney General’s Tenure, Just Security, February 25, 2020. • Stuart Gerson, All In With Chris Hays, MSNBC, February 26, 2020. • Ed Larson, Unchecked power at the border, The Hill, February 26, 2020. • Ilya Somin, Trump Wins Second Circuit Case Against Sanctuary Cities, in Ruling that Goes Against Broad Consensus of other Court Decisions, Reason, February 26, 2020. • Carrie Cordero, Schumer asks DOJ to investigate acting intel chief’s work for foreign clients, The Lead with Jake Tapper (CNN), February 26, 2020.

• Donald Ayer, Will the Supreme Court crown Trump as king?, Los Angeles Times, March 2, 2020. • George Conway, Why Schumer’s apology about his Supreme Court remarks isn’t enough, Washington Post, March 5, 2020. • Trevor Potter, Nominee to Election Watchdog Would Perpetuate Dysfunction at Agency, Daily Kos, March 10, 2020. • Carrie Cordero, We learned resilience after 9/11. But it’s the wrong kind for combatting a virus., Washington Post, March 17, 2020. • Robert Shanks, A Democracy’s Constitution Must Exist Not Only on Paper, Morning Consult, March 17, 2020. • Ilya Somin, Federal Funding and Sanctuary Cities, Legal Talk Network, March 20, 2020. • George Conway & Carrie Cordero, What did Trump and Congress know about the coronavirus, and when did they know it?, Washington Post, March 25, 2020. • Carrie Cordero, Health Surveillance Is Here to Stay, Wall Street Journal, March 27, 2020. • George Conway, Blaming Trump’s virus failures on impeachment is gaslighting of the highest order, Washington Post, March 31, 2020. • Ed Larson, It is time to secure our elections, The Hill, April 2, 2020. • Stuart Gerson, qtd. in Ex-Lawmakers Say Border Wall Emergency Status Was ‘Sham,’ Law360, April 3, 2020. • Paul Rosenzweig, Is Twitter using the health emergency to settle political scores?, The Cyberlaw Podcast, April 6, 2020. • Jonathan Adler, Making Sense of the Wisconsin Election Supreme Court Decision(s), Reason, April 7, 2020. • Orin Kerr, Commonsense Suspicion: Thoughts on Kansas v. Glover, Reason, April 7, 2020. • Paul Rosenzweig & Trevor Potter, Congress must assure public health and democracy are secured this fall, The Hill, April 9, 2020 • Ed Larson, The Ditherer-in-Chief, The Bulwark, April 13, 2020. • Ilya Somin, Coronavirus: Power resides with the states to institute lockdowns or not, USA Today, April 20, 2020. • John Bellinger, Suing China over the coronavirus won’t help. Here’s what can work., Washington Post, April 23, 2020. • Jonathan Adler, A Quite Unusual 5-4 Split on the Supreme Court, Reason, April 27, 2020. • Tom Ridge, Selfish protests against stay-at-home orders dishonor America’s veterans, USA Today, April 29, 2020. • Stuart Gerson, Keeping an Eye on the Hand of Justice: Bill Barr and Targeting Joe Biden, Just Security, April 29, 2020. • Ed Larson, What if the coronavirus cancels the election? The answer will make you want to vote by mail, NBC THINK, May 1, 2020. • George Conway, Trump went ballistic at me on Twitter: Here’s why he reacts with such rage, Washington Post, May 6, 2020. • Alan Raul, Partisans may use pandemic to subvert election. Here’s how patriots can stop them., USA Today, May 6, 2020.

• Ilya Somin, No, the Supreme Court’s “Bridgegate” Decision Doesn’t Vindicate Trump on Impeachment, Reason, May 7, 2020. • George Conway, No one in the country is above the law: The Supreme Court is about to teach that lesson, Washington Post, May 8, 2020. • Paul Rosenzweig, An Attack on a Fundamental Principle of Justice, The Atlantic, May 8, 2020. • Stuart Gerson, Supreme Court Hears Cases Involving Trump’s Taxes, Financial Records, “Cirklar,” NPR, May 12, 2020. • Paul Rosenzweig, qtd. in Judge in Flynn Case Renowned for His Independent Streak, The New York Times, May 13, 2020. • Donald Ayer, Barr’s Flynn Dismissal Motion Portends Greater Abuses Ahead, The Atlantic, May 17, 2020. • Ilya Somin, Trump’s Threat to Withhold Federal Funds from States that Expand Voting By Mail Highlights Growing Menace to Federalism and Separation of Powers, Reason, May 20, 2020. • Stuart Gerson, Judge Sullivan is handling the Flynn case just fine, Washington Post, May 27, 2020. • Stuart Gerson, qtd. in William Barr’s State of Emergency, New York Times Magazine, June 1, 2020. • George Conway, Trump’s soulless nature has done the nation incalculable harm, The Washington Post, June 5, 2020. • Paul Rosenzweig, Washington Journal, C-SPAN, June 10, 2020. • Ed Larson, The case for Elizabeth Warren, The Hill, June 11, 2020. • Alan Raul, Who’s balancing privacy against public health and everything else?, The Hill, June 13, 2020. • George Conway, John Bolton made a tragic mistake. It’s not the one you might think., The Washington Post, June 14, 2020. • George Conway, Why Scalia should have loved the Supreme Court’s Title VII decision, The Washington Post, June 16, 2020. • Ilya Somin, My New Book “Free to Move”—And Why I Wrote it, Reason, June 17, 2020. • Paul Rosenzweig, Why Bill Barr Got Rid of Geoffrey Berman, The Atlantic, June 21, 2020. • Carrie Cordero, Situation Room with Wolf Blitzer, CNN, June 22, 2020. • Orin Kerr, Indiana Supreme Court Creates a Clear Split on Compelled Decryption and the Fifth Amendment, Reason, June 24, 2020. • Charles Fried & Ed Larson, How Far Bill Barr Has Fallen, The Atlantic, June 27, 2020. • Trevor Potter, Trevor Potter: Trump and Barr make baseless and harmful claims about mail-in ballot fraud, , June 27, 2020. • Stuart Gerson, Donald Ayer, Carrie Cordero & Paul Rosenzweig, Trump & the Law After Impeachment, CNN Special Report, June 28, 2020. • Ilya Somin, The Danger of America’s Coronavirus Immigration Bans, The Atlantic, June 28, 2020. • Ilya Somin, Trump Administration Changes to Immigration Policy During Pandemic are Unprecedented, Cheddar, July 1, 2020.

• Donald Ayer, Why Bill Barr is unfit to serve, CNN Opinion, July 2, 2020. • Stuart Gerson, Patriotism and Justice on an Unusual Independence Day, Just Security, July 3, 2020. • Paul Rosenzweig, Trump and Barr are making false claims about mail-in ballots to scare us out of voting, USA Today, July 4, 2020. • Jonathan Adler, This Is the Real , The New York Times, July 7, 2020. • George Conway, What Mary Trump’s book and the ‘Trump v. Vance’ case have in common, The Washington Post, July 9, 2020. • Tom Ridge, Tom Daschle and Tom Ridge: America is paying a horrific price for neglecting public health, USA Today, July 9, 2020. • Jonathan Adler, President Trump’s Use of the Pardon Power, Reason, July 11, 2020. • Jonathan Adler, What’s Happening in Portland?, Reason, July 20, 2020. • Carrie Cordero, How the Portland Secret Police Happened, The Bulwark, July 20, 2020. • Carrie Cordero & Paul Rosenzweig, The Expanded Intelligence Activities of the Department of Homeland Security, The Lawfare Podcast, July 21, 2020. • Tom Ridge, qtd. in Ex-DHS secretary skewers Trump’s ‘reality TV approach’ of sending federal agents to cities, CNN Politics, July 22, 2020. • Paul Rosenzweig, The battle over federal forces on the ground in Portland, CBS Sunday Morning, July 26, 2020. • Paul Rosenzweig, There Is Nothing Conservative About What Trump Is Doing in Portland, The Atlantic, July 27, 2020. • Donald Ayer, Bill Barr’s Unconstitutional Campaign to Reelect the President, The Atlantic, July 28, 2020. • Paul Rosenzweig, The unethical William Barr: 27 lawyers, 4 powerful allegations of dishonesty and deceit, USA Today, July 28, 2020. • Paul Rosenzweig, ‘Bill Barr is not standing up for rule of law,’ Amanpour, July 28, 2020. • Trevor Potter, qtd. in Barr Makes Excuses for Election Sabotage. Again., Bloomberg, July 29, 2020. • Trevor Potter, qtd. in ‘Constitutionally impossible’: Experts say Trump can’t postpone the November election, NBC News, July 30, 2020. • Bobby Chesney, Portland, Protests and Presidential Power, We the People, July 30, 2020. • Bobby Chesney, TikTok and the Law: A Primer (In Case You Need to Explain Things to Your Teenager), Lawfare, August 2, 2020. • George Conway, Trump’s name should live in infamy, The Washington Post, August 3, 2020. • Paul Rosenzweig, YLE News, Areena (Finland), August 6, 2020. • George Conway, I (still) believe the president, and in the president, The Washington Post, August 10, 2020. • Ed Larson, What If Trump Declared an Election Emergency?, The Bulwark, August 13, 2020. • Ilya Somin, Why We Should Abolish the Requirement that the President Must be a “Natural Born Citizen,” Reason, August 14, 2020. • Ilya Somin, Does the Democratic Platform Endorse Court-Packing?, Reason, August 20, 2020.

• Paul Rosenzweig & Donald Ayer, qtd. in How William Barr Is Weaponizing the Justice Department to Help Trump Win, The Intercept, August 29, 2020. • Donald Ayer & Stuart Gerson, qtd. in Lock them up: The danger of political prosecutions in a second Trump term, Vox, August 29, 2020. • Jonathan Adler, What Happens When Trump Judges Confront Trump Administration Deregulation?, Reason, August 31, 2020. • Paul Rosenzweig & Carrie Cordero, The Department of Homeland Security is broken. Here’s what it needs in a boss., The Washington Post, August 31, 2020.

C&B Affiliate Members (as of July 2020):

• Jonathan H. Adler: Johan Verheij Memorial Professor of Law and Director of the Center for Business Law & Regulation at Case Western Reserve University School of Law. Senior fellow at the Property & Environment Research Center and the Center for the Study of the Administrative State at George Mason University School of Law. • Donald B. Ayer: Deputy Attorney General, 1989-1990. Principal Deputy Solicitor General, 1986-1988. U.S. Attorney for the Eastern District of California, 1981-1986. • C. Frederick Beckner III: Deputy Assistant Attorney General, Civil Division, 2006-2009. Former Clerk to Samuel Alito, U.S. Court of Appeals, 3rd Circuit • John B. Bellinger, III: Legal Advisor to Department of State, 2005-2009. Senior Associate Counsel to the President and Legal Advisor to the National Security Council 2001-2005. • Phillip D. Brady: White House Staff Secretary, 1991-1993. White House Cabinet Secretary, 1989. Deputy Counsel to President . Deputy Assistant to Vice President George H. W. Bush, 1985-1988. Acting Assistant Attorney General, 1984- 1985. Associate Attorney General, 1983-1984. • Robert M. Chesney: James A. Baker III Chair in the Rule of Law and World Affairs at the University of Texas School of Law. • George T. Conway III: Securities and Corporate Litigation at Wachtell, Lipton. Argued successfully before the Supreme Court in Morrison v. National Australia Bank. Declined nomination as assistant attorney general in 2017. • Carrie F. Cordero: Robert M. Gates Senior Fellow & General Counsel, Center for a New American Security. Adjunct Professor of Law, Georgetown University Law Center. Former Counsel to the Assistant Attorney General for National Security, Senior Associate General Counsel at the Office of the Director of National Intelligence and Attorney Advisor at the U.S. Department of Justice, 2003-2010. • Charles Fried: Beneficial Professor of Law, Harvard Law School. Solicitor General, 1985-1989. Associate Justice of the Supreme Judicial Court of , 1995- 1999. • Stuart M. Gerson: Acting Attorney General, 1993. Assistant Attorney General, 1989- 1993. • Peter D. Keisler: Acting Attorney General, 2007. Assistant Attorney General, 2003-2007. Acting Associate Attorney General, 2002-2003.

• Orin S. Kerr: Frances R. and John J. Duggan Distinguished Professor of Law, University of Southern California Gould School of Law. Trial Attorney, Department of Justice Criminal Division, 1998-2001. • Edward J. Larson: Hugh and Hazel Darling Chair in Law and University Professor of History at Pepperdine University. Recipient of the Pulitzer Prize in History. New York Times Bestselling Author. • Marisa C. Maleck: Appellate, Constitutional, and Administrative Law at King & Spalding. Former clerk to Justice Clarence Thomas. • Irina D. Manta: Professor of Law and Founding Director of the Center for Intellectual Property Law at Maurice A. Deane School of Law at Hofstra University. • John M. Mitnick: General Counsel, Department of Homeland Security, 2018-2019. Associate Counsel to the President, 2005-2007. Deputy Counsel, Homeland Security Council, 2004-2005. Associate General Counsel for Science and Technology, Department of Homeland Security, 2003-2004. Counsel to the Assistant Attorney General (Antitrust), 2001-2002. • Trevor Potter: President, Campaign Legal Center; Federal Election Commissioner (1991- 1995) and Chairman (1994); Office of Legal Policy at the Department of Justice (1982- 1984) • Alan Charles Raul: Former Vice Chairman of the White House Privacy and Civil Liberties Oversight Board. Former General Counsel to the Office of Management and Budget. Former General Counsel to the Department of Agriculture. Former Associate Counsel to the President. • Tom Ridge: Secretary of Homeland Security, 2003-2005. Assistant to the President for Homeland Security, 2001-2003. Governor of Pennsylvania. • Jonathan C. Rose: Special Assistant to President Nixon, 1971-1973. Associate Deputy Attorney General, 1973-1975. Assistant Attorney General at the Office of Legal Policy, 1981-1984. • Paul Rosenzweig: Deputy Assistant Secretary of Homeland Security, 2005-2009. • Erin L. Sheley: Associate Professor at University of Oklahoma College of Law. • Ilya Somin: Professor of Law, Antonin Scalia Law School, George Mason University. • J.W. Verret: Associate Professor of Law, Antonin Scalia Law School, George Mason University. Former Chief Economist and Senior Counsel to the U.S. House Committee on Financial Services.