The Case For Presidential Immunity
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Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Syndicated Columnist
New York political commentor Deroy Murdock is a Fox News Contributor, a Contributing Editor with National Review Online, an emeritus Media Fellow with the Hoover Institution on War, Revolution and Peace at Stanford University; and a Senior Fellow with the Atlas Network, which supports and connects some 500 free-market think tanks in the USA and some 95 countries world-wide. Mr. Murdock’s weekly column — “This Opinion Just In…” — appears in the New York Post, the Washington Times, the New Hampshire Union-Leader, and other newspapers across America. He has appeared on radio shows across America and presents commentaries on Fox News Radio’s podcast, The Rundown. He is a veteran of the 1980 and 1984 Reagan for President campaigns and Steve Forbes’ 2000 White House bid.
As a popular public speaker, he has lectured or debated at the Cato Institute, the Council on Foreign Relations; Harvard Medical School, the Heritage Foundation; the National Academy of Sciences; Dartmouth, Stanford, and Tulane universities; and various fora, from Bogotá to Buenos Aires to Budapest. He is a native of Los Angeles, a graduate of Georgetown University, and a resident of Manhattan, where he earned an MBA from New York University. His program included a semester of study at the Chinese University of Hong Kong.
Deroy Murdock hopes that someday the free society will bring him — and every American — more leisure time to experience fine dining, motion pictures, skiing, live music, and the priceless joys of family, friends, and loved ones.
President, Corporate and External Affairs, Plaid
Jelena McWilliams is the former Managing Partner of the Washington, D.C. office of Cravath, Swaine, & Moore LLP and former Head of the Financial Institutions Group (FIG) Practice. She is a former Chairman of the Federal Deposit Insurance Corporation (FDIC). Ms. McWilliams focuses her practice on advising public and private companies, financial institutions, fintechs, and early-stage and venture companies on regulatory and corporate matters, as well as on mergers and acquisitions, IPO and other capital markets transactions.
While at the FDIC, Ms. McWilliams managed over 6,000 employees supervising approximately 5,000 banks, including through the COVID-19 pandemic. She participated in interagency negotiations, policy developments and joint agency rulemakings both as agency principal and as a voting member of the Financial Stability Oversight Council (FSOC). Ms. McWilliams chaired the Resolution Group at the Financial Stability Board (FSB); chaired and served on the Federal Financial Institutions Examination Council (FFIEC); and served on the Financial and Banking Information Infrastructure Committee (FBIIC). She testified before U.S. Congress on numerous occasions and engaged extensively with U.S. and international regulators, including the Basel Committee on Banking Supervision and the International Association of Deposit Insurers. She established the agency’s first office of innovation to implement technological advancements through supervisory channels and collaborative partnerships between banks and fintechs. Ms. McWilliams also spearheaded the agency’s effort to develop prudential banking policy on digital assets, including through a “crypto sprint” with the Office of the Currency Comptroller (OCC) and the Federal Reserve Board (FRB), and in collaboration with the President’s Working Group multiagency effort on stablecoins. She envisioned and created Mission Driven Bank Fund, a novel private/public partnership investment fund to support investments in low- and moderate-income communities served by the Minority Depository Institutions and Community Development Financial Institutions.
Ms. McWilliams is a frequent speaker on trends and topics in the financial services sector, including bank regulatory policy, governance trends, digital assets, fintechs and early-stage company regulatory policy. She is a member of the Economic Council of Washington, D.C., and serves on the Board of Trustees of the Southwestern Graduate School of Banking Foundation at Southern Methodist University.
Ms. McWilliams was born in Belgrade, Serbia. She received her B.A. with highest honors from the University of California, Berkeley in 1999 and her J.D. from the University of California, Berkeley, School of Law in 2002.
Vice President and Director of Competition Policy, Progressive Policy Institute
Diana Moss joined the Progressive Policy Institute in 2023. She was previously President of the American Antitrust Institute from 2015-2023. An economist, Dr. Moss has developed and expanded competition enforcement and policy advocacy channels and strategies, and strengthened communications with enforcers, Congress, other advocacy groups, and the media. Her work spans both antitrust and regulation, with industry expertise in digital technology, electricity, petroleum, food and agriculture, airlines, telecommunications, and healthcare. Dr. Moss was previously at the Federal Energy Regulatory Commission, where she coordinated the agency’s competition analysis for electricity mergers. In the early 1990s, she consulted in private practice in the areas of regulation and antitrust. Dr. Moss has spoken widely on various topics involving competition policy and enforcement, testified before Congress, appeared before state and federal regulatory commissions, and made numerous radio and television appearances. She has published articles in a number of economic and legal academic journals, including: American Economic Review, Journal of Industrial Organization, the Energy Law Journal, and the Antitrust Bulletin. She is editor of Network Access, Regulation and Antitrust (2005). Dr. Moss is Adjunct Faculty in the Department of Economics at the University of Colorado at Boulder. She holds a M.A. degree from the University of Denver and a Ph.D. from the Colorado School of Mines.
Former Senator, Pennsylvania
Pat Toomey (born November 17, 1961, Providence, Rhode Island, U.S.) is an American politician who was elected as a Republican to the U.S. Senate in 2010 and represented Pennsylvania from 2011 to 2023. He previously served in the U.S. House of Representatives (1999–2005).
George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
TODD J. ZYWICKI is George Mason University Foundation Professor of Law at Antonin Scalia Law School at George Mason University and Research Fellow of the George Mason Law and Economics Center. During the Fall 2023 semester he served as the Visiting Scholar in Conservative Thought and Policy for the Bruce Benson Center for the Study of Western Civilization at the University of Colorado-Boulder. From 2020-2021 he was Chair of the Consumer Financial Protection Bureau Taskforce on Federal Consumer Financial Law. In 2021 he was inducted to the American College of Consumer Financial Services Lawyers. He is also a Senior Fellow of the F.A. Hayek Program for the Advanced Study of Politics, Philosophy, and Economics at George Mason University and a former Senior Fellow of the Cato Institute. From 2015-2017 he was Executive Director of the George Mason Law and Economics Center. He served as Co-Editor of the Supreme Court Economic Review from 2006-2017. From 2003-2004, Professor Zywicki served as the Director of the Office of Policy Planning at the Federal Trade Commission. He has also taught at Vanderbilt University Law School, Georgetown University Law Center, Boston College Law School, Mississippi College School of Law, and China University of Political Science and Law.
Professor Zywicki clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and worked as an associate at Alston & Bird in Atlanta, Georgia, where he practiced bankruptcy and commercial law. He received his J.D. from the University of Virginia, where he was executive editor of the Virginia Tax Review and John M. Olin Scholar in Law and Economics. Professor Zywicki also received an M.A. in Economics from Clemson University and an A.B. cum Laude with high honors in his major from Dartmouth College.
Professor Zywicki is also a Lone Mountain Fellow of the Property and Environment Research Center, a Fellow of the International Centre for Economic Research in Turin, Italy, and a former Senior Fellow of the Goldwater Institute. During the Fall 2008 Semester Professor Zywicki was the Searle Fellow of the George Mason University School of Law and was a 2008-09 W. Glenn Campbell and Rita Ricardo-Campbell National Fellow and the Arch W. Shaw National Fellow at the Hoover Institution on War, Revolution and Peace. He has lectured and consulted with government officials around the world, including Iceland, Italy, Japan, and Guatemala. In 2006 Professor Zywicki served as a Member of the United States Department of Justice Study Group on “Identifying Fraud, Abuse and Errors in the United States Bankruptcy System.”
Professor Zywicki is the author of more than 130 articles in leading law reviews and peer-reviewed economics journals. He is one of the Top 10 most-cited law professors in the field of Commercial Law and one of the Top 25 law professors on Twitter as measured by engagement levels. He is one of the Top 50 Most Downloaded Law Authors at the Social Science Research Network. He has testified multiple times before Congress on issues of consumer bankruptcy law and consumer credit and is a frequent commentator on legal issues in the print and broadcast media, including the Wall Street Journal, New York Times, The Washington Post, The Washington Times, Nightline, The Newshour with Jim Lehrer, Neil Cavuto Show, Fox & Friends, Smerconish, Fox News @ Night with Shannon Bream, Fox Business, CNN, CNBC, Bloomberg News, BBC, The Diane Rehm Show, Lou Dobbs Show, Jerry Doyle Show, and The Laura Ingraham Show.
Professor Zywicki is former Chairman and a current member of the Board of Directors of the Competitive Enterprise Institute, and is a member of the Board of Directors of the Institute for Humane Studies, Bill of Rights Institute, the Executive Committee for the Federalist Society's Financial Institutions and E-Commerce Practice Group, the Board of Trustees of the Foundation for Research on Economics and the Environment. He formerly served on the Governing Board and the Advisory Council for the Financial Services Research Program at George Washington University School of Business. He is currently the Chair of the Academic Advisory Council for the following organizations: The Bill of Rights Institute, the film “We the People in IMAX,” and the McCormick-Tribune Foundation “Freedom Museum” in Chicago, Illinois. He is a member of the Board of Visitors of Ralston College and was a member of the Board of Trustees of Yorktown University. From 2005-2009 he served as an elected Alumni Trustee of the Dartmouth College Board of Trustees.
Attorney, Institute for Justice
Anya Bidwell (née Cherkasova) leads IJ’s Project on Immunity and Accountability (“PIA”). Through this project, Anya works to promote judicial engagement and ensure that government officials are held to account when they violate individuals’ constitutional rights. Anya also serves as an adviser on the American Law Institute’s Restatement of the Law, Constitutional Torts project.
One of Anya’s PIA cases—Gonzalez v. Trevino—was heard by the United States Supreme Court on March 20, 2024. She argued the case for the petitioner, with the goal of convincing the Justices that retaliatory arrests not involving on-the-spot decisions by police officers should be actionable under the First Amendment regardless of probable cause. The decision is expected in June.
This was Anya’s third appearance before the U.S. Supreme Court. She second-chaired Brownback v. King (an excessive force case) and Tennessee Wine & Spirits Retailers Association v. Thomas (a commerce clause case) in November 2020 and January 2019 respectfully.
Before joining IJ, Anya worked for a top national law firm, handling cases in trial and appellate courts. She earned her J.D. with honors from the University of Texas. Two years prior to entering law school, Anya received a master’s degree in Global Policy Studies, also from the University of Texas, and wrote a thesis on asymmetric warfare.
Anya spent her childhood in Ukraine and Kyrgyzstan. At 16, she left her family behind and came to America on a university scholarship. Her upbringing motivated her to study law and become an advocate for a strong, independent judiciary.
Anya’s work has been featured in numerous publications, including the Washington Post, the Wall Street Journal, the New York Times, USA Today, and the Guardian. She is also the host of live recordings of our Short Circuit podcast and a co-producer of our documentary-style podcast Bound by Oath.
Director of Health Policy Studies, Cato Institute
Michael F. Cannon is the Cato Institute’s director of health policy studies. His scholarship spans public health; regulation of clinicians, medical facilities, pharmaceuticals, and medical devices; employer‐sponsored and other private health insurance; Medicare; Medicaid; CHIP; the Veterans Health Administration; medical malpractice litigation; administrative law; international health systems; political philosophy; and more. Cannon is “an influential health‐care wonk” (Washington Post) and “the most famous libertarian health care scholar” (Washington Examiner). Washingtonian magazine named Cannon one of Washington, DC’s “Most Influential People” in 2021, 2022, and 2023.
Cannon has appeared on ABC, Al Jazeera, BBC, CBS, CNN, CNBC, C‑SPAN, Fox News Channel, NPR, and other broadcast media. His articles have appeared in the Wall Street Journal; the New York Times; USA Today; the Washington Post; the Los Angeles Times; SCOTUSBlog; Forum for Health Economics and Policy; JAMA Internal Medicine; Health Matrix: Journal of Law‐Medicine; Harvard Health Policy Review; the Yale Journal of Health Policy, Law, and Ethics; the Journal of Health Politics, Policy and Law; and Quinnipiac Health Law Journal. His latest book is Recovery: A Guide to Reforming the U.S. Health Sector.
Cannon was previously a domestic policy analyst for the U.S. Senate Republican Policy Committee, where he advised the Senate leadership on health, education, labor, welfare, and the Second Amendment. He is a member of the Board of Advisers of Harvard Health Policy Review and the Federalist Society Regulatory Transparency Project’s FDA & Health Working Group.
Cannon holds an MA in economics and a JM in law and economics from George Mason University and a BA in American government from the University of Virginia.
Newsweek Senior Editor-at-Large, Syndicated Columnist, Host of "The Josh Hammer Show," Article III Project Senior Counsel, Newsweek, Salem Media, Article III Project, David Horowitz Freedom Center
Josh Hammer is the senior editor-at-large of Newsweek and host of "The Josh Hammer Show," a podcast, a syndicated radio show, and TV program on Salem News Channel. A syndicated columnist through Creators Syndicate, Josh is a frequent pundit and essayist on political, legal, and cultural issues. He is also senior counsel for the Article III Project and Internet Accountability Project, as well as a Shillman Fellow with the David Horowitz Freedom Center and a fellow with the Palm Beach Freedom Institute.
An outspoken conservative, Josh opines on conservative intellectual trends, contemporary domestic and foreign policy debates, constitutional and legal issues, and the intersection of law, politics and culture. He has been published by many leading outlets, including the Los Angeles Times, the New York Post, Daily Mail, Newsweek, the Claremont Review of Books, National Affairs, American Affairs, The New Criterion, The National Interest, National Review, RealClearPolitics, First Things, City Journal, Public Discourse, Law & Liberty, Tablet Magazine, Deseret Magazine, Compact Magazine, Chronicles Magazine, The Spectator, The American Mind, The American Conservative, The European Conservative, American Greatness, American Compass, The Federalist, Blaze Media, TomKlingenstein.com, Townhall, The Daily Wire, The Daily Signal, The Daily Caller, The Epoch Times, Anchoring Truths, Fortune, Fox Business, The Jerusalem Post, The Times of Israel, The Forward, Jewish Telegraphic Agency and the Jewish Journal. He has also had legal scholarship published by the Harvard Journal of Law & Public Policy and the University of St. Thomas Law Journal.
Josh is a college campus speaker through Young America's Foundation and the Intercollegiate Studies Institute, and a law school campus speaker through the Federalist Society. Prior to Newsweek and The Daily Wire, where he was an editor, Josh worked at Kirkland & Ellis LLP and clerked for the Hon. James C. Ho on the U.S. Court of Appeals for the Fifth Circuit. Josh has also served as a John Marshall Fellow with the Claremont Institute and as a Fellow with the James Wilson Institute. He is the former host of "America on Trial with Josh Hammer," a one-season daily podcast with The First that covered the unique legal issues surrounding the 2024 presidential election.
Josh graduated from Duke University, where he majored in economics, and from the University of Chicago Law School. He lives in Florida, but remains an active member of the State Bar of Texas.
Partner, Davis Polk & Wardwell LLP
Kannon is the head of our Supreme Court & Appellate practice. He has argued 39 cases before the U.S. Supreme Court and has argued more than 150 appeals in courts across the country, including every federal court of appeals and numerous state courts.
Kannon is ranked as a “Star Individual” in appellate law by Chambers USA, where a client notes, “It’s hard to think of enough superlatives to describe his talent, his judgment, his ability, his experience – he is as good as it gets.” Legal 500 U.S. recognizes Kannon in its Hall of Fame for appellate work. A client shares, “His work is the best in the business, and he is a wonderful human being in addition to being a world-class appellate litigator.”
In 2024 and 2022, Kannon was a finalist for the American Lawyer’s “Litigator of the Year” award. He was named “Appellate Litigator of the Year” by Benchmark Litigation in 2021 and was a 2026 finalist for that recognition.
Before entering private practice, Kannon served as an Assistant to the Solicitor General at the U.S. Department of Justice.
Solicitor General of Nebraska
Cody Barnett previously served as legal counsel on Alliance Defending Freedom’s Appellate Advocacy Team, where he represented various ADF clients before appellate courts across the country.
Before joining ADF, Barnett served as the William H. Rehnquist Fellow at Cooper & Kirk PLLC. He then went on to clerk for the Honorable Amul R. Thapar and the Honorable Raymond M. Kethledge, both of the U.S. Court of Appeals for the 6th Circuit, and for the Honorable Justin R. Walker of the U.S. Court of Appeals for the District of Columbia.
Barnett earned his J.D. from the University of Kentucky College of Law in 2017, where he graduated first in his class. He also served as president of the Christian Legal Society and as an articles editor for the Kentucky Law Journal. He completed ADF’s Blackstone Legal Fellowship in 2017. Prior to law school, Barnett earned a Bachelor of Arts in both history and political science from Transylvania University.
Barnett is admitted to practice law in Kentucky, the District of Columbia, and before several U.S. Courts of Appeal.
Senior Counsel, U.S. House of Representatives Judiciary Committee
Tessa E. Shurr serves as Senior Counsel to the U.S. House of Representatives Judiciary Committee (Majority).
Prior to joining the Judiciary Committee staff, Tessa served as a Litigation Associate at the Fairness Center, a non-profit law firm, where she represented clients who had been harmed by their public-sector union. Before that, she counseled high-level leadership at the U.S. Department of Justice’s Office of Legal Policy on legislative and regulatory matters, assisted the U.S. Department of Defense with procurement of supplies and services, and worked on both civil and criminal cases at the U.S. Attorney’s Office for the Middle District of Pennsylvania.
Tessa graduated from Penn State Dickinson Law in Carlisle, Pennsylvania. There, she served as Managing Editor of the Dickinson Law Review, one of the oldest legal journals in the United States. During her time in law school, Tessa earned CALI Excellence for the Future Awards in Advanced Federal Income Tax; Congressional Investigations; and Blockchain, Cryptocurrency, & Law. She also published an academic comment proposing a new regulatory scheme for digital assets and cryptocurrency.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Attorney, Separation of Powers, Pacific Legal Foundation
Josh Robbins is an attorney in Pacific Legal Foundation’s separation of powers group. He litigates cases to defend the structural protections of the U.S. and state constitutions that guarantee liberty for all Americans. He wants to help ensure Americans receive due process from the government when their lives and property are at stake and that the laws are made by our democratically elected representatives and not by unaccountable bureaucrats.
As an attorney in private practice, Josh saw firsthand how the government can embroil people (and even large corporations) in years-long legal battles. At PLF, he works to provide those without great resources an opportunity to vindicate their right to a properly ordered government, which is the right of all Americans.
Prior to joining PLF, Josh was an associate at a large law firm where he litigated cases in federal and state courts. He clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston.
Josh earned a B.A. in economics and international studies from Yale University and a J.D. from the University of Virginia School of Law. While at UVA, he served as an articles editor for the Virginia Law Review. He lives in Alexandria, Virginia, and enjoys hiking, swimming, and attending Washington Nationals games.
Josh is a member of the bar only in the states of Virginia and D.C.
Lecturer in Law, University of Pennsylvania Carey Law School
Matthew Lee Wiener served until recently as the twice-presidentially appointed Acting Chair and Vice Chair of the Administrative Conference of the United States (ACUS), as well as a member of its Council and its Executive Director. (In 2016, President Obama nominated him to be ACUS’s Chairman.)
He is now a special counsel to ACUS, co-chair of its Council on Federal Administrative Adjudication, and a lecturer at the University of Pennsylvania Carey Law School, where he teaches Administrative Law.
Before affiliating with ACUS, Mr. Wiener was general counsel to U.S. Senator Arlen Specter (Senate Committee on the Judiciary), counsel to the U.S. House of Representatives Committee on the Judiciary, a partner at Dechert LLP, and special counsel to Cuneo Gilbert & LaDuca.
He has taught courses on administrative law, administrative practice, regulation remedies, statutory interpretation, and separation of powers at the law schools of the University of Pennsylvania, Rutgers University, and George Mason University.
Mr. Wiener is an elected member of the American Law Institute, a fellow of the American Bar Foundation, and co-chair of the Adjudication Committee of the American Bar Association’s Section of Administrative Law and Regulatory Practice.
Mr. Wiener holds a J.D. from Stanford Law School, where he was Articles Editor of the Stanford Law Review, and an A.B. from William and Mary.