Legislating the War on Terror
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Senior Legislative Counsel, American Civil Liberties Union
Partner, Dechert LLP
In a career spanning both private and public practice, Steven A. Engel is a leading litigator and counselor, acting as an advocate in high-profile trial and appellate matters and advising clients on their most sensitive and complex legal issues. Mr. Engel is the Chair of Dechert’s Appellate and Regulatory Litigation Group and has appeared in courts across the country, handling a wide range of civil litigation matters, including administrative law, commercial litigation, constitutional law and securities cases. He regularly counsels clients on challenges to agency regulations and in connection with government, congressional and internal investigations.
Until January 2021, Mr. Engel served as the Assistant Attorney General for the Department of Justice’s Office of Legal Counsel. As the head of the office, Mr. Engel served as the chief counsel to the Attorney General and the principal legal adviser to the Executive Branch, providing legal advice to the President and cabinet secretaries on the most critical constitutional and statutory questions, including matters pertaining to national security, administrative law, criminal law, congressional oversight, and executive orders. In December 2020, Mr. Engel was awarded the Department of Justice’s highest honor, the Edmund J. Randolph Award, for outstanding service to the Department.
Before his appointment as Assistant Attorney General in 2017, Mr. Engel had been a partner at Dechert since 2009 and previously served as Deputy Assistant Attorney General for the Department of Justice’s Office of Legal Counsel. Mr. Engel clerked on the U.S. Supreme Court for Associate Justice Anthony M. Kennedy and on the U.S. Court of Appeals for the Ninth Circuit for Judge Alex Kozinski.
Mr. Engel is a member of the Advisory Committee on Rules for the U.S. Court of Appeals for the District of Columbia Circuit and the Administrative Conference of the United States. He has been an Adjunct Professor at the Antonin Scalia School of Law at George Mason University and the Columbus School of Law at the Catholic University of America and was formerly the Chief Justice William H. Rehnquist Distinguished Practitioner in Residence at the C. Boyden Gray Center for the Study of the Administrative State. He has been nationally ranked as a leading lawyer in The Legal 500 USA and Benchmark Litigation. Mr. Engel has frequently commented on legal subjects in numerous publications, including The New York Times, The Washington Post, The Wall Street Journal and USA Today, and has appeared on national news programs as a legal analyst, including on MSNBC, CNN, Fox News Channel and the Fox Business Network. Mr. Engel has testified on several occasions before committees of the U.S. House of Representatives and the Senate.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Freelance Journalist and Author
Stuart Taylor, Jr. is a Washington writer focusing on legal and policy issues and a National Journal contributing editor. He occasionally practices law.
Taylor has coauthored three books. All have been acclaimed by commentators across the ideological spectrum. In January 2017, KC Johnson and Taylor authored The Campus Rape Frenzy: The Attack on Due Process at America's Universities. In 2012, Richard Sander and Taylor authored Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It. In 2007, Taylor and Johnson authored Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Fraud. Sander and Taylor have also filed amicus briefs in Supreme Court cases involving admissions preferences.
Since 1980, Taylor has done reporting and commentary about issues ranging from the biggest Supreme Court cases to race, voting rights, mindlessly excessive criminal penalties, guilt-presuming campus rape processes, journalistic bias, the death penalty, war powers, gerrymandering, guns, polarization, civil liberties, national security, torture, campaign finance, education, impeachment, and other issues. He has often been called one of the nation's best legal journalists and is known for challenging both liberal and conservative conventional wisdom.
Taylor was a reporter for The New York Times from 1980-1988, covering legal affairs and then the Supreme Court. He wrote commentaries and long features for The American Lawyer, Legal Times and their affiliates from 1989-1997, and for National Journal and Newsweek from 1998 through 2010. He has written (less often) on a freelance basis for numerous publications since 2010. He has written op-eds for The Washington Post, The New York Times, The Wall Street Journal, The Los Angeles Times, USA Today, and The New York Daily News and longer commentaries for RealClearPolitics, The Atlantic, The New Republic, the (late) Weekly Standard, National Review, Slate, The Daily Beast, Harper’s, Reader’s Digest, Time and other magazines. He has been interviewed on all major television and radio networks. He taught “Law and the News Media” at Stanford Law School in 2011 and 2012 and practices law on occasion.
Taylor graduated from Princeton University in 1970 with an A.B. in History. After working as a reporter for the Baltimore Evening Sun and Sun from 1971-1974, he moved to Harvard Law School, was a Harvard Law Review note editor, and graduated in 1977 at the top of his class, with high honors. He also won a Frederick Sheldon Traveling Fellowship and traveled around the world in 1977-1978 while studying freedom of the press in the United Kingdom and Kenya.
Taylor practiced law with Wilmer, Cutler & Pickering, in Washington, D.C., from 1977-1980 before returning to journalism in 1980 by joining the Washington Bureau of The New York Times.
Taylor's journalism honors include the 2009 Northern California Innocence Project Media Award for his work on the Duke lacrosse rape fraud; a 2002 National Headliner Award for best special magazine column on one subject; and a share of The American Lawyer’s National Magazine Award for a March 1990 special issue on the drug war. He was a National Magazine Award finalist in 1993 and 1997 and was nominated by The New York Times for a Pulitzer Prize in 1988.
Senior Fellow, Governance Studies, The Brookings Institution
Benjamin Wittes is a senior fellow in Governance Studies at The Brookings Institution. He co-founded and is the editor-in-chief of the Lawfare blog, which is devoted to sober and serious discussion of "Hard National Security Choices," and is a member of the Hoover Institution's Task Force on National Security and Law. He is the author of Detention and Denial: The Case for Candor After Guantanamo, published in November 2011, co-editor of Constitution 3.0: Freedom and Technological Change, published in December 2011, and editor of Campaign 2012: Twelve Independent Ideas for Improving American Public Policy (Brookings Institution Press, May 2012). He is also writing a book on data and technology proliferation and their implications for security. He is the author of Law and the Long War: The Future of Justice in the Age of Terror, published in June 2008 by The Penguin Press, and the editor of the 2009 Brookings book, Legislating the War on Terror: An Agenda for Reform.
His previous books include Starr: A Reassessment, published in 2002 by Yale University Press, and Confirmation Wars: Preserving Independent Courts in Angry Times, published in 2006 by Rowman & Littlefield and the Hoover Institution.
Between 1997 and 2006, he served as an editorial writer for The Washington Post specializing in legal affairs. Before joining the editorial page staff of The Washington Post, Wittes covered the Justice Department and federal regulatory agencies as a reporter and news editor at Legal Times. His writing has also appeared in a wide range of journals and magazines including The Atlantic, Slate, The New Republic, The Wilson Quarterly, The Weekly Standard, Policy Review, and First Things.
Benjamin Wittes was born in Boston, Massachusetts. He graduated from Oberlin College in 1990, and he has a black belt in taekwondo.
Senior Fellow, Arthur F. Burns Fellow in Financial Policy Studies, American Enterprise Institute
Peter J. Wallison holds the Arthur F. Burns Chair in Financial Policy Studies and is co-director of AEI’s program on Financial Policy Studies. Prior to joining AEI, he practiced banking, corporate and financial law at Gibson, Dunn & Crutcher in Washington, D.C., and New York. Mr. Wallison has held a number of government positions. From June 1981 to January 1985, he was General Counsel of the United States Treasury Department, where he had a significant role in the development of the Reagan Administration's proposals for deregulation in the financial services industry. During 1986 and 1987, Mr. Wallison was White House counsel to President Ronald Reagan, and between 1972 and 1976, he served first as Special Assistant to New York's Gov. Nelson A. Rockefeller and, subsequently, as counsel to Mr. Rockefeller as vice president of the United States.
Mr. Wallison was admitted to practice before the courts of New York and the District of Columbia, and is retired from practice in New York. He continues to be a member of the District of Columbia Bar Association. He received his undergraduate degree from Harvard College in 1963 and law degree from Harvard Law School in 1966.
Mr. Wallison is the author of Ronald Reagan: The Power of Conviction and the Success of His Presidency, published in December 2002 by Westview Press. On campaign finance, he is the author (with Joel Gora) of Better Parties, Better Government, (AEI Press 2009). On financial or regulatory matters, he is the author of Back From the Brink, a proposal for a private deposit insurance system, and co-author of Nationalizing Mortgage Risk: The Growth of Fannie Mae and Freddie Mac; The GAAP Gap: Corporate Disclosure in the Internet Age; Competitive Equity: A Better Way to Organize Mutual Funds; Bad History, Worse Policy: How a False Narrative about the Financial Crisis Led to the Dodd-Frank Act (AEI Press 2013); and Hidden In Plain Sight: What Caused the World’s Worst Financial Crisis and Why it Could Happen Again (Encounter Books 2015). His most recent book is Judicial Fortitude: The Last Chance to Rein in the Administrative State, published by Encounter Books in October 2018.
He testifies frequently before committees of Congress, and is a frequent contributor to the op-ed pages of the Wall Street Journal and other print and online journals. He has also been a speaker at many conferences on financial services, housing, the causes of the financial crisis, the Dodd-Frank Act, accounting, and corporate governance, and was a member of the Shadow Financial Regulatory Committee between 1995 and 2015. He was a member of the SEC Advisory Committee on Improvements to Financial Reporting (2008), co-Chair of the Pew Financial Reform Task Force (2009), and a member of the congressionally- appointed Financial Crisis Inquiry Commission (2009-2011). In May 2011, for his work in financial policy, Mr. Wallison received an honorary doctorate in Humane Letters from the University of Colorado.
Vice President for Legal Affairs, Cato Institute
Roger Pilon is the Cato’s Institute’s vice president for legal affairs, the founding director of Cato’s Robert A. Levy Center for Constitutional Studies, the inaugural holder of Cato’s B. Kenneth Simon Chair in Constitutional Studies, and the founding publisher of the Cato Supreme Court Review.
Prior to joining Cato, Pilon held five senior posts in the Reagan administration, including at State and Justice, and was a national fellow at Stanford’s Hoover Institution. In 1989 the Bicentennial Commission presented him with its Benjamin Franklin Award for excellence in writing on the U.S. Constitution. In 2001 Columbia University’s School of General Studies awarded him its Alumni Medal of Distinction. Pilon lectures and debates at universities and law schools across the country and testifies often before Congress.
His writing has appeared in the Wall Street Journal, the Washington Post, the New York Times, the Los Angeles Times, Legal Times, National Law Journal, Harvard Journal of Law and Public Policy, Stanford Law and Policy Review, and elsewhere. He has appeared on ABC’s Nightline, CBS’s 60 Minutes II, Fox News Channel, NPR, CNN, MSNBC, CNBC, C-SPAN, and other media.
Pilon holds a BA from Columbia University, an MA and a PhD from the University of Chicago, and a JD from the George Washington University School of Law.
Deputy Chief of Staff & Counsel - U.S. House Committee on Energy & Commerce
Associate Justice, Supreme Court of the United States
Associate Justice Brett Kavanaugh was born in Washington, D.C., on February 12, 1965. He married Ashley Estes in 2004, and they have two daughters - Margaret and Liza. He received a B.A. from Yale College in 1987 and a J.D. from Yale Law School in 1990. He served as a law clerk for Judge Walter Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990-1991, for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991-1992, and for Justice Anthony M. Kennedy of the U.S. Supreme Court during the 1993 Term. In 1992-1993, he was an attorney in the Office of the Solicitor General of the United States. From 1994 to 1997 and for a period in 1998, he was Associate Counsel in the Office of Independent Counsel. He was a partner at a Washington, D.C., law firm from 1997 to 1998 and again from 1999 to 2001. From 2001 to 2003, he was Associate Counsel and then Senior Associate Counsel to President George W. Bush. From 2003 to 2006, he was Assistant to the President and Staff Secretary for President Bush. He was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 2006. President Donald J. Trump nominated him as an Associate Justice of the Supreme Court, and he took his seat on October 6, 2018.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Senior Fellow, The Civitas Institute, University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
U.S. Special Master for TARP Executive Compensation
Senior Fellow, Ave Maria School of Law and Host of the Four Boxes Diner Second Amendment Channel
Mark W. Smith is a visiting member of the Senior Common Room, New College, Oxford University and a Visiting Fellow in Pharmaceutical Public Policy and Law in the Department of Pharmacology, Oxford University. Mark is also a Distinguished Scholar and Senior Fellow of Law and Public Policy at the Ave Maria School of Law. He hosts the Four Boxes Diner YouTube Channel (youtube.com/TheFourBoxesDiner), which addresses Second Amendment scholarship, cases, history and related issues, and whose videos have received almost 90 million views. Mark's scholarship has been cited by federal courts and by parties before the United States Supreme Court in Viramontes v. Cook County, New York State Rifle & Pistol Ass’n v. Bruen and in United States v. Rahimi. He is a graduate of the NYU School of Law. Mark is also a New York Times bestselling author who appears frequently in the national media including on the Fox News Channel.
Senior Counsel, First Liberty Institute
Jordan Lorence is Senior Counsel in FLI’s Washington, D.C. office, where he represents First Liberty in strategic efforts promoting religious liberty, and works on important First Amendment projects and litigation, including those at the U.S. Supreme Court.
Lorence has a long career of litigating religious liberty cases since 1984. He has worked for many public interest law firms, including Alliance Defending Freedom, Home School Legal Defense Association, the North Star Legal Center and Concerned Women for America.
He has worked on important religious liberty cases. Lorence worked on school choice cases at the Supreme Court, such as Witters v. Washington Department of Services for the Blind (1986), and Trinity Lutheran (2016), which laid the foundation for First Liberty’s crucial win in Carson v. Makin (2022), requiring Maine to include religious schools in its school choice program.
Lorence argued before the U.S. Supreme Court in Regents of the University of Wisconsin v. Southworth (2000). He represented prolife Christian law students from the University of Wisconsin Law School who objected to the University’s requirement that they pay a mandatory student fee that funded the advocacy of student pro-abortion groups. Other Supreme Court cases Lorence has worked on include NIFLA v. Becerra (2018), protecting prolife pregnancy centers from a California statute requiring them to post signs explaining how pregnant women could obtain state-funded abortions; Masterpiece Cakeshop (2017), involving a Christian cake artist sued by the State of Colorado for declining to design a case celebrating the wedding of a same-sex couple and other cases such as Christian Legal Society v. Martinez (2012), Rosenberger v. University of Virginia (1995), Hurley v. GLIB (1995) and Lamb’s Chapel v. Center Moriches Center Moriches School District (1993).
Churches and other religious groups in New York City obtained the right to rent vacant public schools on weekends to conduct worship services after Lorence’s tenacious 20 years of litigation in Bronx Household of Faith. Lorence won protection for churches facing eviction from discriminatory zoning ordinances in Minnesota in Cornerstone Bible Church v. City of Hastings, Minnesota (1991). He also argued at the New Mexico Supreme Court one of the first cases in the nation defending a Christian wedding photographer charged by the State of New Mexico with discrimination for declining to create photos celebrating the commitment ceremony of a lesbian couple in Elane Photography v. Willock (2013).
Lorence defended home schooling families from intrusive school officials during his time working at Home School Legal Defense Association (HSLDA) in the 1980s and 1990s. HSLDA also tasked Lorence with establishing a sister organization in Canada to protect home schooling families there. He traveled extensively in Canada from British Columbia to Prince Edward Island speaking to families how they could protect their right to home school under relevant Canadian law.
Lorence earned his undergraduate degree in journalism from Stanford University and his law degree from the University of Minnesota, his home state. Lorence was born and raised in Minnesota, where he worked one summer building Mighty Dump trucks at Tonka Toys in Mound, Minnesota. For two years immediately after he graduated from law school, Lorence served as the head administrator for a Minnesota Senate committee.
He speaks extensively on First Amendment and other legal issues. Lorence has spoken at least 75 law schools and many legal conferences. Prominent publications such as the Wall Street Journal, the Washington Post and others have printed his opinion pieces on key legal issues involving religious liberty and freedom of speech. He has appeared on such media outlets as Fox News, CNN, National Public Radio, NBC’s Today Show, BBC radio and many others.
Lorence and his wife Marilyn have been married 40 years. They live in the Washington, D.C. area where they raised their seven children.