The Bush Administration’s Military Commissions Act of 2006 ("MCA"), put forward partially in response to the Hamdan v. Rumsfeld decision handed down by the Supreme Court in May 2006 and also to provide a more politically durable foundation for USG’s legal policies in the ongoing war on terror, fully comports with both the U.S. Constitution and international law – specifically, international law of armed conflict. After a vigorous debate on both sides of the political spectrum, large bi-partisan majorities in both the House and the Senate supported the enactment of this legislation. Significantly, instead of rubberstamping the Administration’s original legislative proposal, there was considerable give and take between the Congress and the President, with a particularly negotiation between the White House representatives and a group of Senators, including John Warner (R-VA), John McCain (R-AZ), and Lindsey Graham (R-NC).
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Partner, Baker & Hostetler LLP
Lee A. Casey focuses on federal environmental, constitutional and international law and Alien Tort Statute issues. He also advises clients on compliance issues under the Foreign Corrupt Practices Act (FCPA), U.S. trade sanctions regimes, and federal ethics requirements. Mr. Casey’s practice includes federal, district and appellate court litigation, as well as matters before federal agencies. Prior to joining BakerHostetler, Mr. Casey was an associate with Hunton & Williams, practicing in international, environmental and constitutional law. From 2004 through 2007 he served as an member of the United Nations Subcommission on the Promotion and Protection of Human Rights.
From 1986 to 1993, Mr. Casey served in various capacities in the federal government, including the Office of Legal Policy (1986-90) and the Office of Legal Counsel (1992-93) at the U.S. Department of Justice and served as Deputy Associate General Counsel at the U.S. Department of Energy (1990-92). The Office of Legal Counsel is responsible for advising the Attorney General and the White House on issues of constitutional law and statutory interpretation. The Office of Legal Policy served as a strategic “think tank” for the Reagan Justice Department and was responsible for reviewing candidates for appointments to the federal bench.
Before joining the government in 1986, Mr. Casey was an associate in the Los Angeles firm of Mitchell, Silberberg & Knupp, practicing in the litigation section, with an emphasis on copyright, contract and First Amendment issues. From 1984 to 1985, Mr. Casey served as Law Clerk to the Honorable Alex Kozinski, then Chief Judge of the United States Claims Court. From 1982 to 1984, he practiced at the Detroit firm of Dykema Gossett, focusing on corporate, securities, commercial and intellectual property litigation, and from 1990 through 1994, he served as an Adjunct Professor of Law at George Mason University School of Law in Arlington, Virginia.
Among the chapters, articles and papers that Mr. Casey has authored or co-authored are: “International Law and the Nation-State at the U.N.,” Reclaiming the Language of Freedom at the United Nations: A Guide for U.S. Policymakers, The Heritage Foundation (2006) (with David B. Rivkin, Jr.); “The Dangerous Myth of Universal Jurisdiction,” A Country I Do Not Recognize (ed. Robert H. Bork) (2005) (with David B. Rivkin, Jr.); “Leashing the Dogs of War,” The National Interest (Fall 2003) (with David B. Rivkin, Jr.); “The Limits of Legitimacy: The Rome Statute’s Unlawful Application to Non-State Parties,” 44 Va.J.Int’l L. 63 (Fall 2003) (with David B. Rivkin, Jr.); “Devil’s Advocates: The Danger of Judging Lawyers By Their Clients,” Policy Review (Feb. and Mar. 2002) (with David B. Rivkin, Jr.); “The Case Against the International Criminal Court,” 25 Fordham Int’l L.J. 840 (2002); “Europe in the Balance: The Alarmingly Undemocratic Drift of the European Union,” Policy Review (June and July 2001) (with David B. Rivkin Jr.); “Against an International Criminal Court,” Commentary, May 1998 (with David B. Rivkin, Jr.); “Federalism (Cont’d.),” Commentary, December 1996 (with David B. Rivkin, Jr.); “Presidents and War Powers: Another View,” Common Sense, Winter 1996 (with David B. Rivkin, Jr.); “How Binding Are Contracts?” The American Enterprise, Nov./Dec. 1993 (with David B. Rivkin, Jr.); and “Pirate Constitutionalism: An Essay in Self-Government,” 8 J. of L. & Politics 477 (1992).
Mr. Casey is a member of the California, Michigan and District of Columbia Bar Associations.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
Provost & Chief Academic Officer, Bryant University
An acclaimed international law and national security expert experienced in academic, law, and government service settings, Provost Glenn M. Sulmasy brings a distinguished record of Higher Education leadership and academic achievement to his position as Bryant’s first university Provost and Chief Academic Officer.
Sulmasy previously served as Deputy University Counsel and later led the Humanities Department at the United States Coast Guard Academy (USCGA), in New London, CT. Additionally, he served as Professor of Law at USCGA and has been involved in higher education since 1997.
In addition to serving on the faculties of the Academy and the U.S. Naval War College, Sulmasy has lectured in the fields of International Law, U.S. Constitutional Law, and National Security at numerous universities and think tanks. He has also served as a National Security and Human Rights Fellow at the Carr Center for Human Rights Policy at the Harvard Kennedy School.
A former fellow in Homeland Security and National Security Law for the Center for National Policy in Washington D.C., Sulmasy lectures extensively on the law of armed conflict, international law, and national security matters. He is widely published internationally on national security matters, and as an expert has been featured in the LA Times, on CBS News Radio, National Public Radio, CNN International, US News & World Report, the New York Times and the San Francisco Chronicle, Al-Jazeera America, MSNBC, Fox News and numerous other national media outlets. He is the author of The National Security Court System – A Natural Evolution of Justice in an Age of Terror (Oxford University Press) and Co-Editor of International Law Challenges – Homeland Security and Combating Terrorism (2005).
Sulmasy was educated at the U.S. Coast Guard Academy, University of Baltimore School of Law (cum laude), UC Berkeley School of Law (Boalt Hall) and the Harvard Kennedy School.
Provost Sulmasy, his wife Marla, and seven children hail from Old Lyme, CT and Smithfield, RI.
