Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University
In memoriam
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
Senior Counsel, Schaerr Jaffe LLP
Ken Klukowski is senior counsel at the law firm Schaerr Jaffe, focusing on constitutional, administrative, and election law, and the federal courts. He has served in politically appointed positions in the U.S. government, including senior counsel in the Civil Division of the U.S. Department of Justice, and prior to that in the White House as special counsel in the Office of Management and Budget. He was also the constitutional rights advisor on the Presidential Transition Team of President Donald J. Trump. In the private sector, he has worked as a senior fellow of the American Constitutional Rights Union, senior counsel at First Liberty Institute, and a legal journalist. He litigates constitutional cases in the U.S. Supreme Court and lower federal courts, and contributes to media coverage of the nation’s highest court and legal issues. Earlier in his career, Klukowski served as special deputy attorney general of Indiana, and worked on faculty at Liberty University School of Law. His academic works have been published by journals such as the Federalist Society’s Harvard Journal of Law & Public Policy, and his columns have appeared in the Wall Street Journal and other national publications. His amicus briefs and nine law review articles have been cited by various federal courts and top legal journals. He has participated in numerous Supreme Court cases, and lectured and debated at 100 law school events nationwide. Klukowski received his bachelor’s degree from the University of Notre Dame, studied history at Arizona State University, earned his law degree from Scalia Law School at George Mason University, and served as a law clerk to Chief Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Director, Washington Ofice, Levin Center for Oversight and Democracy
Elise Bean became counsel to U.S. Sen. Carl Levin, D-Mich., on the U.S. Senate Homeland Security and Governmental Affairs Committee in 1985. She worked for him on three subcommittees, under the leadership of Linda Gustitus. In 2003, Levin appointed Bean as staff director and chief counsel of the committee's Permanent Subcommittee on Investigations, which he chaired. Bean retired from the Senate with Levin at the end of 2014.
During her tenure, Bean handled a variety of investigations, hearings and legislation, including matters involving offshore tax abuses, money laundering, foreign corruption, unfair credit card practices, health care fraud, abuses involving derivatives and structured finance, and shell companies with hidden owners. Investigations headed by her included inquiries into the 2008 financial crisis, HSBC money laundering problems, London whale trades at JPMorgan Chase, collapse of Enron, and offshore tax avoidance by Apple, Microsoft and Caterpillar.
In 2016 and 2015, she was included in the Global Tax 50, a list compiled by International Tax Review of the year's top 50 individuals and organizations influencing tax policy and practice. In 2013 and 2011, the Washingtonian magazine named her one of Washington's 100 most powerful women. In 2010, she was selected by the National Law Journal as one of Washington's most influential women lawyers.
Bean graduated Phi Beta Kappa from Wesleyan University in 1978 and earned her law degree, cum laude, from the University of Michigan Law School in 1982. She served as a law clerk to former Chief Judge of the U.S. Claims Court Alex Kozinski, who later served as the chief judge of the Ninth Circuit Court of Appeals. She worked for two years as a trial attorney with the U.S. Department of Justice Civil Frauds Section. Earlier in her career, she worked for U.S. Rep. John Joseph Moakley, D-Mass.
Senior Counsel, Akin Gump
Stanley M. Brand’s practice covers all levels of state and federal courts, with an emphasis on defending the rights of witnesses involved in government investigations.
Mr. Brand has represented numerous individuals and organizations investigated by and/or called to testify before the U.S. Congress. He has developed particular experience in the application of the separation-of-powers doctrine. His diverse litigation and counseling practice also includes representing corporations, trade associations, labor unions and individuals in major Department of Justice, grand jury, and independent counsel investigations and trial proceedings, including Whitewater, Housing and Urban Development, the savings and loan crisis, and the campaign finance task force investigations. Mr. Brand has also represented individuals and entities involved in contested election proceedings.
From 1976 to 1983, Mr. Brand served as general counsel to the U.S. House of Representatives under Speaker Thomas P. “Tip” O'Neill, Jr. and was the House's chief legal officer responsible for representing the House, its members, officers and employees in connection with legal procedures and litigation arising from the conduct of their official activities. Since leaving the House, Mr. Brand has had a succession of high-profile, political and public corruption cases and clients, including former White House aide George Stephanopoulos in the Whitewater investigation, former congressman and Gore 2000 campaign manager Tony Coelho, former House Majority Whip Bill Gray, congressmen Dan Rostenkowski and Joe McDade, and former executive agency officials.
Prior to joining Akin Gump, Mr. Brand was the founding partner of Brand Law Group, a Washington, D.C.-based law firm specializing in matters at the intersection of politics and criminal law.
Founder, Quell Strategies
Machalagh Carr is a trusted and strategic counselor with decades of private sector and government experience. She has nimbly navigated the intersection of congressional investigations and oversight, law, geopolitics, and policy, most recently as the top staffer in Article I as Chief of Staff to Speaker of the House Kevin McCarthy.
Prior to her role as Chief of Staff, she served as General Counsel for the Speaker and Office of the Republican Leader at the U.S. House of Representatives. Previously, she served as General Counsel & Parliamentarian for the Committee on Ways and Means, where she handled all legal and procedural issues for the Committee. Before that, she was the Oversight Staff Director at the Committee where she led the investigations and oversight of all issues within the Committee’s jurisdiction. Prior to joining Ways and Means, she served as the Director of Oversight and Investigations for the Committee on Oversight and Government Reform and as Senior Oversight Counsel at the Committee on Natural Resources.
Previously, Machalagh served in the Office of Global Compliance of an international energy company where she conducted internal anti-corruption investigations, audits, and compliance reviews for the company. Before her in-house experience she practiced in the Litigation, White Collar, and Government Investigations Group at Sonnenschein Nath and Rosenthal LLP (now Dentons). Directly after law school, Machalagh clerked for the Chief Judge of the U.S. Court of Appeals for the Armed Forces.
She taught Trial Practice at Catholic University of America, Columbus School of Law and lives in Virginia with her husband and three sons.
Chief Counsel for Oversight (R), Committee on Financial Services, U.S. House of Representatives
Director of the Congressional Oversight Initiative, The Project On Government Oversight
Justin Rood directs POGO's Congressional Oversight Initiative. The Initiative aims to improve and enhance Congress's ability to do effective oversight by providing information, advice, and other assistance.
Previously, Rood served under Senator Tom Coburn (R-OK) on his Homeland Security and Governmental Affairs Committee as director of investigations on Homeland Security matters.
Prior to that, he worked under Senator Coburn as senior investigator on the Permanent Subcommittee on Investigations, Minority Staff. There he led a 2012 investigation into domestic intelligence fusion centers, finding them "pools of ineptitude, waste, and civil liberties intrusions," in the words of The Washington Post's front-page coverage of the report.
Before joining Senator Coburn’s staff, Rood was an award-winning investigative producer and reporter with ABC News and other outlets. At ABC, Rood helped uncover the D.C. Madam scandal, which led to a number of resignations including that of Deputy Secretary of State Randall Tobias. In 2006, while at Talking Points Memo, Rood was part of a two-person reporting/blogging team that broke the story about the Bush administration dismissing seven U.S. Attorneys during a midterm purge. The story earned Talking Points Memo a Polk Award.
Rood is a 2015 non-resident fellow with the Yale Law School's Information Society Project.
A native Washingtonian, Rood is also co-founder of the Funk Parade, a celebration of local music, arts, and culture that brings the diverse communities of the city together.
President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
Director, Climate & Clean Air Program, Natural Resources Defense Council
David Doniger has been at the forefront of the battle against air pollution and global climate change since he joined NRDC in 1978. He helped formulate the Montreal Protocol, an international agreement designed to stop the depletion of the earth's ozone layer, as well as several essential amendments to the Clean Air Act. In 1993, he left NRDC to serve on the White House Council on Environmental Quality, followed by key posts at the U.S. Environmental Protection Agency. He rejoined NRDC in 2001 and has since been working to defend the Clean Air Act from assaults in Congress. He is based in Washington, D.C.
Associate Dean for Research and Intellectual Life, McKnight Presidential Professor in Law, Distinguished McKnight University Professor, Harlan Albert Rogers Professor in Law, Associate Director, Corporate Institute, University of Minnesota Law School
Professor Kristin E. Hickman is the McKnight Presidential Professor in Law, a Distinguished McKnight University Professor, and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School. She also has taught at Harvard Law School and Northwestern University School of Law. Professor Hickman teaches and writes primarily in the areas of administrative law, tax administration, and statutory interpretation. Her articles on these topics have appeared in the Columbia Law Review, Cornell Law Review, Virginia Law Review, Duke Law Journal, and other publications. She also co-authors the Administrative Law Treatise with Richard J. Pierce, Jr., and a casebook on federal administrative law with Pierce and Christopher J. Walker. Her scholarly work has been cited several times in opinions of the United States Supreme Court as well as regularly in lower court judicial opinions and court briefs.
In 2018-19, Professor Hickman served as Special Adviser to the Administrator of the Office of Information and Regulatory Affairs in Washington, D.C. She presently serves as a Senior Fellow, and previously served as a public member and chair of the judicial review committee, for the Administrative Conference of the United States. She also is a Fellow of the American College of Tax Counsel.
Professor Hickman received her B.S. degree in business administration with a concentration in accounting and a secondary major in history from Trinity University in San Antonio, Texas. After practicing for several years as a certified public accountant, Professor Hickman earned her J.D. degree, magna cum laude, from Northwestern University School of Law, where she was awarded the Raoul Berger Prize and the Lowden Wigmore Prize for her scholarly writings. Following law school, Professor Hickman clerked for The Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and practiced law as an associate with the Chicago office of Skadden, Arps, Slate, Meagher & Flom, concentrating on corporate and international tax transactions and matters.
Trustee Professor of Law, New York Law School
From 1972-79, Schoenbrod served as one of the leaders of the Natural Resources Defense Council, where he campaigned to reduce lead in gasoline, resurrect the then-decrepit New York City subway, and protect the environment of Puerto Rico. Previously, he was Director of Program Development at the community development project that Senator Robert Kennedy established in Bedford Stuyvesant. He has also been a senior fellow at the Cato Institute and the American Enterprise Institute.
His books include
D.C. Confidential: Inside the Five Tricks of Washington (Encounter Books, 2017) with forewords by Governor Howard Dean and Senator Mike Lee;
Breaking the Logjam: Environmental Protection That Will Work (Yale University Press, 2010)(with Richard B. Stewart and Katrina M. Wyman);
Saving Our Environment from Washington: How Congress Grabs Power, Shirks Responsibility, and Shortchanges the People (Yale University Press, 2005);
Democracy by Decree: What Happens When Courts Run Government (Yale University Press, 2003) (with Ross Sandler); and
Power Without Responsibility: How Congress Abuses the People Through Delegation (Yale University Press, 1993).
In addition to writing scholarly articles, he has frequently contributed opinion pieces to the Wall Street Journal, The Hill, the New York Times, and other publications.
He has an undergraduate degree from Yale College, a graduate degree in economics from Oxford University, which he attended as a Marshall Scholar, and a law degree from Yale Law School.
Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
Associate, Wiley Rein LLP
Joel S. Nolette is an associate at Wiley Rein LLP, where he advocates on behalf of corporate and individual clients in a broad spectrum of complex litigation matters. In 2017, Joel graduated cum laude from the Georgetown University Law Center, where he served as the Editor in Chief of Volume 15 of the Georgetown Journal of Law and Public Policy. From 2019 to 2021, Joel clerked for the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit; and from 2021 to 2022, he clerked for the Honorable Timothy J. Kelly of the U.S. District Court for the District of Columbia. Before attending law school, Joel graduated summa cum laude from Gordon College in Wenham, MA, with his Bachelor of Arts in Biblical Studies and worked as a letter carrier with the U.S. Postal Service.
Update on the Mueller Report
John G. Malcolm, John C. Yoo
Special Counsel Robert Mueller’s Report on The Investigation Into Russian Interference In the 2016 Presidential...
Courthouse Steps Oral Argument: Department of Commerce v. New York: Citizenship and the Census
John S. Baker, Kenneth A. Klukowski
Sponsored by the Federalism & Separation of Powers Practice Group
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Fed 'Independence' is a Slippery Slope
Many observers, like Captain Renault in "Casablanca," were “shocked, shocked!” at President Trump’s sharp criticism...
Necessary & Proper Episode 39: Bipartisanship and High Profile Congressional Oversight
Elise Bean, Stanley M. Brand, Machalagh Carr, Jon Skladany, Justin Rood
Welcome again to Necessary & Proper. Today we bring you the great discussion we had...
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Rule of Law Is Not Rule of Lawyers
Over the last several months, as the leadership of the House of Representatives and its...
Necessary & Proper Episode 38: A World Without Chevron?
Mark Chenoweth, David D. Doniger, Kristin E. Hickman, David S. Schoenbrod, Jenn L. Mascott, Joel S. Nolette
Welcome again to Necessary & Proper. Today we bring you the great discussion we had...
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Ambition Counteracting Ambition: Enduring Principle or Failed Experiment?
For the second year, myself and fellow contest Judges, Lillian BeVier and Chris DeMuth have...
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The ARTICLE ONE Act
Counting by news cycles, it seems like ages ago, but on March 12, Senator Lee...