Associate Professor of Law, Notre Dame Law School
Haley Proctor joined Notre Dame Law School in 2024 as an Associate Professor of Law. She teaches and writes on procedure, evidence, constitutional law, and federal courts. Her scholarship explores the connections between judicial and administrative procedures and the powers legislators, administrators, and courts exercise. Before coming to ND Law, she was a faculty fellow at the University of Missouri School of Law and the Kinder Institute for Constitutional Democracy and practiced law at the law firm of Cooper & Kirk PLLC. She also served as a clerk to Justice Clarence Thomas of the U.S. Supreme Court and Judge Thomas Griffith of the U.S. Court of Appeals for the D.C. Circuit. Proctor earned her B.A., magna cum laude, in political science and international studies from Yale College, and her J.D. from Yale Law School.
Senior Legal Fellow, Advancing American Freedom
Amy Swearer is a leading national expert on a wide range of public policy, legal, and constitutional issues, including the Second Amendment, criminal justice, and mental health policy. She has long been a respected conservative voice on gun policy and is routinely asked to testify before state and federal legislative bodies. Her work on birthright citizenship, meanwhile, has been featured extensively in litigation over the meaning of the Fourteenth Amendment’s Citizenship Clause.
Swearer was formerly a Senior Legal Fellow in the Edwin Meese III Center for Legal & Judicial Studies at the Heritage Foundation. At Heritage, she ran the Defensive Gun Use Database and was the primary author of the e-book “The Essential Second Amendment.” She was also a driving force behind the organization’s School Safety Initiative.
She was the 2022 recipient of the Heritage Foundation’s Joseph Shattan Award for “writing that presents conservative ideas in a powerful and compelling fashion to policymakers and the American people.” She was also named the Second Amendment Institute’s 2022 Gun Rights Champion.
Swearer received her law degree from the University of Nebraska College of Law and was a member of the Nebraska Law Review. She holds a B.S. in Criminology & Criminal Justice from the University of Nebraska, where she was a Chancellor’s Scholar and a goalkeeper on the women’s soccer team
General Counsel, American Suppressor Association
Michael first joined ASA in 2014, and served as ASA’s General Counsel from 2015 to 2016, before leaving to join the Administration in 2017.
Michael began his federal service at the White House Office of Management and Budget (OMB), where he served two years as an attorney in the Office of General Counsel and focused on federal budget and regulatory matters. He then transitioned to the West Wing in March of 2019, where he served as Deputy Assistant to the President and Counselor to White House Chief of Staff Mick Mulvaney. During his time in the West Wing, Michael advised the Chief of Staff and the President on numerous matters, and served as the top White House policy advisor on Second Amendment issues. Michael left the West Wing in July of 2020 to serve as Acting General Counsel at the US Department of Housing and Urban Development (HUD), where he managed a budget of over $100 million and supervised a staff of nearly 300 attorneys and 250 other professionals.
Associate Professor of Law, Notre Dame Law School
Haley Proctor joined Notre Dame Law School in 2024 as an Associate Professor of Law. She teaches and writes on procedure, evidence, constitutional law, and federal courts. Her scholarship explores the connections between judicial and administrative procedures and the powers legislators, administrators, and courts exercise. Before coming to ND Law, she was a faculty fellow at the University of Missouri School of Law and the Kinder Institute for Constitutional Democracy and practiced law at the law firm of Cooper & Kirk PLLC. She also served as a clerk to Justice Clarence Thomas of the U.S. Supreme Court and Judge Thomas Griffith of the U.S. Court of Appeals for the D.C. Circuit. Proctor earned her B.A., magna cum laude, in political science and international studies from Yale College, and her J.D. from Yale Law School.
Senior Legal Fellow, Advancing American Freedom
Amy Swearer is a leading national expert on a wide range of public policy, legal, and constitutional issues, including the Second Amendment, criminal justice, and mental health policy. She has long been a respected conservative voice on gun policy and is routinely asked to testify before state and federal legislative bodies. Her work on birthright citizenship, meanwhile, has been featured extensively in litigation over the meaning of the Fourteenth Amendment’s Citizenship Clause.
Swearer was formerly a Senior Legal Fellow in the Edwin Meese III Center for Legal & Judicial Studies at the Heritage Foundation. At Heritage, she ran the Defensive Gun Use Database and was the primary author of the e-book “The Essential Second Amendment.” She was also a driving force behind the organization’s School Safety Initiative.
She was the 2022 recipient of the Heritage Foundation’s Joseph Shattan Award for “writing that presents conservative ideas in a powerful and compelling fashion to policymakers and the American people.” She was also named the Second Amendment Institute’s 2022 Gun Rights Champion.
Swearer received her law degree from the University of Nebraska College of Law and was a member of the Nebraska Law Review. She holds a B.S. in Criminology & Criminal Justice from the University of Nebraska, where she was a Chancellor’s Scholar and a goalkeeper on the women’s soccer team
General Counsel, American Suppressor Association
Michael first joined ASA in 2014, and served as ASA’s General Counsel from 2015 to 2016, before leaving to join the Administration in 2017.
Michael began his federal service at the White House Office of Management and Budget (OMB), where he served two years as an attorney in the Office of General Counsel and focused on federal budget and regulatory matters. He then transitioned to the West Wing in March of 2019, where he served as Deputy Assistant to the President and Counselor to White House Chief of Staff Mick Mulvaney. During his time in the West Wing, Michael advised the Chief of Staff and the President on numerous matters, and served as the top White House policy advisor on Second Amendment issues. Michael left the West Wing in July of 2020 to serve as Acting General Counsel at the US Department of Housing and Urban Development (HUD), where he managed a budget of over $100 million and supervised a staff of nearly 300 attorneys and 250 other professionals.
Associate Professor of Law, Notre Dame Law School
Haley Proctor joined Notre Dame Law School in 2024 as an Associate Professor of Law. She teaches and writes on procedure, evidence, constitutional law, and federal courts. Her scholarship explores the connections between judicial and administrative procedures and the powers legislators, administrators, and courts exercise. Before coming to ND Law, she was a faculty fellow at the University of Missouri School of Law and the Kinder Institute for Constitutional Democracy and practiced law at the law firm of Cooper & Kirk PLLC. She also served as a clerk to Justice Clarence Thomas of the U.S. Supreme Court and Judge Thomas Griffith of the U.S. Court of Appeals for the D.C. Circuit. Proctor earned her B.A., magna cum laude, in political science and international studies from Yale College, and her J.D. from Yale Law School.
Senior Legal Fellow, Advancing American Freedom
Amy Swearer is a leading national expert on a wide range of public policy, legal, and constitutional issues, including the Second Amendment, criminal justice, and mental health policy. She has long been a respected conservative voice on gun policy and is routinely asked to testify before state and federal legislative bodies. Her work on birthright citizenship, meanwhile, has been featured extensively in litigation over the meaning of the Fourteenth Amendment’s Citizenship Clause.
Swearer was formerly a Senior Legal Fellow in the Edwin Meese III Center for Legal & Judicial Studies at the Heritage Foundation. At Heritage, she ran the Defensive Gun Use Database and was the primary author of the e-book “The Essential Second Amendment.” She was also a driving force behind the organization’s School Safety Initiative.
She was the 2022 recipient of the Heritage Foundation’s Joseph Shattan Award for “writing that presents conservative ideas in a powerful and compelling fashion to policymakers and the American people.” She was also named the Second Amendment Institute’s 2022 Gun Rights Champion.
Swearer received her law degree from the University of Nebraska College of Law and was a member of the Nebraska Law Review. She holds a B.S. in Criminology & Criminal Justice from the University of Nebraska, where she was a Chancellor’s Scholar and a goalkeeper on the women’s soccer team
General Counsel, American Suppressor Association
Michael first joined ASA in 2014, and served as ASA’s General Counsel from 2015 to 2016, before leaving to join the Administration in 2017.
Michael began his federal service at the White House Office of Management and Budget (OMB), where he served two years as an attorney in the Office of General Counsel and focused on federal budget and regulatory matters. He then transitioned to the West Wing in March of 2019, where he served as Deputy Assistant to the President and Counselor to White House Chief of Staff Mick Mulvaney. During his time in the West Wing, Michael advised the Chief of Staff and the President on numerous matters, and served as the top White House policy advisor on Second Amendment issues. Michael left the West Wing in July of 2020 to serve as Acting General Counsel at the US Department of Housing and Urban Development (HUD), where he managed a budget of over $100 million and supervised a staff of nearly 300 attorneys and 250 other professionals.
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.
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.
Partner, Vinson & Elkins, and former U.S. Attorney for the Eastern District of Virginia
Zachary (“Zach”) Terwilliger, the former Senate confirmed United States Attorney for the Eastern District of Virginia, has extensive experience in all manner of federal investigations and trials. Those frontline skills combine with his mastery of involved management roles overseeing operational programs, setting policy parameters, and managing teams to accomplish strategic objectives. He gained this experience over a decades-long career in public service where he advanced from an office intern to serve as the presidentially appointed and Senate confirmed United States Attorney. He rounds out his Washington experience by having served as Associate Deputy Attorney General and Chief of staff to the Deputy Attorney General, whose office manages the entire Department of Justice and its various agencies, and as counsel to the Chair of the Senate Judiciary Committee.
In a testament to his professionalism, he was the sole and unanimous recommendation of Virginia’s two Democratic Senators to serve as U.S. Attorney. Following this recommendation, the President’s nomination, and confirmation by the entire U.S. Senate, Zach was sworn in as the then youngest U.S. Attorney in the country.
Zach’s knowledge of how the Justice Department and federal enforcement agencies function in both civil and criminal matters, particularly in regards to discretionary decision making, provides him with unique insights necessary to effectively assist companies and individuals facing federal enforcement matters, including allegations of domestic and international criminal and civil violations. Zach is skilled in navigating internal and government investigations, allegations of bribery under the Foreign Corrupt Practices Act, complex criminal grand jury investigations, criminal antitrust matters, and Congressional inquiries and select committee investigations, among other complex white collar issues.
As U.S. Attorney for the Eastern District of Virginia, Zach supervised a team of over 300 lawyers and support staff. He also managed multiple key corporate resolutions, and significantly enhanced the District’s white-collar footprint through collaboration with DOJ’s Fraud Section, as well as with other enforcement entities like the newly created Special Inspector General for Pandemic Recovery and the Procurement Collusion Strike Force. He is also a veteran litigator with years of investigative and in-court experience in trials, pre-trial proceedings, and appeals.
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.
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.
Partner, Vinson & Elkins, and former U.S. Attorney for the Eastern District of Virginia
Zachary (“Zach”) Terwilliger, the former Senate confirmed United States Attorney for the Eastern District of Virginia, has extensive experience in all manner of federal investigations and trials. Those frontline skills combine with his mastery of involved management roles overseeing operational programs, setting policy parameters, and managing teams to accomplish strategic objectives. He gained this experience over a decades-long career in public service where he advanced from an office intern to serve as the presidentially appointed and Senate confirmed United States Attorney. He rounds out his Washington experience by having served as Associate Deputy Attorney General and Chief of staff to the Deputy Attorney General, whose office manages the entire Department of Justice and its various agencies, and as counsel to the Chair of the Senate Judiciary Committee.
In a testament to his professionalism, he was the sole and unanimous recommendation of Virginia’s two Democratic Senators to serve as U.S. Attorney. Following this recommendation, the President’s nomination, and confirmation by the entire U.S. Senate, Zach was sworn in as the then youngest U.S. Attorney in the country.
Zach’s knowledge of how the Justice Department and federal enforcement agencies function in both civil and criminal matters, particularly in regards to discretionary decision making, provides him with unique insights necessary to effectively assist companies and individuals facing federal enforcement matters, including allegations of domestic and international criminal and civil violations. Zach is skilled in navigating internal and government investigations, allegations of bribery under the Foreign Corrupt Practices Act, complex criminal grand jury investigations, criminal antitrust matters, and Congressional inquiries and select committee investigations, among other complex white collar issues.
As U.S. Attorney for the Eastern District of Virginia, Zach supervised a team of over 300 lawyers and support staff. He also managed multiple key corporate resolutions, and significantly enhanced the District’s white-collar footprint through collaboration with DOJ’s Fraud Section, as well as with other enforcement entities like the newly created Special Inspector General for Pandemic Recovery and the Procurement Collusion Strike Force. He is also a veteran litigator with years of investigative and in-court experience in trials, pre-trial proceedings, and appeals.
Partner, Cooper & Kirk PLLC
John Ohlendorf has extensive experience with every aspect of litigation, from arguing discovery disputes and cross-examining trial witnesses to working on appeals at all levels of the state and federal judicial systems. Mr. Ohlendorf has written dozens of briefs in the United States Supreme Court and has argued numerous cases, including appeals in both state and federal court. While much of his career has focused on appellate advocacy, he has also developed deep experience litigating at the trial-court level, consistent with the Firm’s frequent approach of handling a matter over its entire lifespan, from the filing of the complaint to proceedings in the Supreme Court.
Mr. Ohlendorf’s litigation experience is wide-ranging, but it includes a particular focus on constitutional law and suits against the government. He has litigated multiple claims involving the separation of powers, the Appointments Clause, freedom of speech, the Second Amendment, the Due Process Clause, the Equal Protection Clause, and the Takings Clause. He has been heavily involved in over thirty matters defending the right to keep and bear arms, and he was Counsel of Record on an amicus brief in New York State Rifle & Pistol Association v. Bruen, a recent Supreme Court case involving the Second Amendment right to carry a firearm, that was singled out by Justice Kavanaugh during the oral argument as very helpful to his consideration of the case. Mr. Ohlendorf has also litigated many cases involving administrative law and government contracts.
Before coming to Cooper & Kirk, Mr. Ohlendorf clerked for Judge Raymond Gruender of the United States Court of Appeals for the Eighth Circuit, taught at Northwestern University School of Law as an Olin-Searle-Smith Fellow, and then at Georgetown University Law Center as a Visiting Lecturer and Fellow at the Georgetown Center for the Constitution. His articles have been published in the Notre Dame Law Review, the Harvard Journal of Law and Public Policy, National Affairs (with Joel Alicea), the Georgia Law Review, and the Maine Law Review. He received a J.D. from Harvard Law School, magna cum laude, in 2010, where he was an Editor for the Harvard Journal of Law and Public Policy, and graduated with a B.A. from Bethany Lutheran College, summa cum laude, in 2007.
Senior Legal Fellow, Advancing American Freedom
Amy Swearer is a leading national expert on a wide range of public policy, legal, and constitutional issues, including the Second Amendment, criminal justice, and mental health policy. She has long been a respected conservative voice on gun policy and is routinely asked to testify before state and federal legislative bodies. Her work on birthright citizenship, meanwhile, has been featured extensively in litigation over the meaning of the Fourteenth Amendment’s Citizenship Clause.
Swearer was formerly a Senior Legal Fellow in the Edwin Meese III Center for Legal & Judicial Studies at the Heritage Foundation. At Heritage, she ran the Defensive Gun Use Database and was the primary author of the e-book “The Essential Second Amendment.” She was also a driving force behind the organization’s School Safety Initiative.
She was the 2022 recipient of the Heritage Foundation’s Joseph Shattan Award for “writing that presents conservative ideas in a powerful and compelling fashion to policymakers and the American people.” She was also named the Second Amendment Institute’s 2022 Gun Rights Champion.
Swearer received her law degree from the University of Nebraska College of Law and was a member of the Nebraska Law Review. She holds a B.S. in Criminology & Criminal Justice from the University of Nebraska, where she was a Chancellor’s Scholar and a goalkeeper on the women’s soccer team
Partner, Cooper & Kirk PLLC
John Ohlendorf has extensive experience with every aspect of litigation, from arguing discovery disputes and cross-examining trial witnesses to working on appeals at all levels of the state and federal judicial systems. Mr. Ohlendorf has written dozens of briefs in the United States Supreme Court and has argued numerous cases, including appeals in both state and federal court. While much of his career has focused on appellate advocacy, he has also developed deep experience litigating at the trial-court level, consistent with the Firm’s frequent approach of handling a matter over its entire lifespan, from the filing of the complaint to proceedings in the Supreme Court.
Mr. Ohlendorf’s litigation experience is wide-ranging, but it includes a particular focus on constitutional law and suits against the government. He has litigated multiple claims involving the separation of powers, the Appointments Clause, freedom of speech, the Second Amendment, the Due Process Clause, the Equal Protection Clause, and the Takings Clause. He has been heavily involved in over thirty matters defending the right to keep and bear arms, and he was Counsel of Record on an amicus brief in New York State Rifle & Pistol Association v. Bruen, a recent Supreme Court case involving the Second Amendment right to carry a firearm, that was singled out by Justice Kavanaugh during the oral argument as very helpful to his consideration of the case. Mr. Ohlendorf has also litigated many cases involving administrative law and government contracts.
Before coming to Cooper & Kirk, Mr. Ohlendorf clerked for Judge Raymond Gruender of the United States Court of Appeals for the Eighth Circuit, taught at Northwestern University School of Law as an Olin-Searle-Smith Fellow, and then at Georgetown University Law Center as a Visiting Lecturer and Fellow at the Georgetown Center for the Constitution. His articles have been published in the Notre Dame Law Review, the Harvard Journal of Law and Public Policy, National Affairs (with Joel Alicea), the Georgia Law Review, and the Maine Law Review. He received a J.D. from Harvard Law School, magna cum laude, in 2010, where he was an Editor for the Harvard Journal of Law and Public Policy, and graduated with a B.A. from Bethany Lutheran College, summa cum laude, in 2007.
Senior Legal Fellow, Advancing American Freedom
Amy Swearer is a leading national expert on a wide range of public policy, legal, and constitutional issues, including the Second Amendment, criminal justice, and mental health policy. She has long been a respected conservative voice on gun policy and is routinely asked to testify before state and federal legislative bodies. Her work on birthright citizenship, meanwhile, has been featured extensively in litigation over the meaning of the Fourteenth Amendment’s Citizenship Clause.
Swearer was formerly a Senior Legal Fellow in the Edwin Meese III Center for Legal & Judicial Studies at the Heritage Foundation. At Heritage, she ran the Defensive Gun Use Database and was the primary author of the e-book “The Essential Second Amendment.” She was also a driving force behind the organization’s School Safety Initiative.
She was the 2022 recipient of the Heritage Foundation’s Joseph Shattan Award for “writing that presents conservative ideas in a powerful and compelling fashion to policymakers and the American people.” She was also named the Second Amendment Institute’s 2022 Gun Rights Champion.
Swearer received her law degree from the University of Nebraska College of Law and was a member of the Nebraska Law Review. She holds a B.S. in Criminology & Criminal Justice from the University of Nebraska, where she was a Chancellor’s Scholar and a goalkeeper on the women’s soccer team
Boochever and Bird Distinguished Professor of Law, UC Davis School of Law
Ash Bhagwat joined the UC Davis School of Law faculty in 2011. Prior to joining UC Davis, he taught at UC Hastings College of the Law for seventeen years. Bhagwat is the author of The Myth of Rights, published by the Oxford University Press in 2010, as well as numerous books, articles, and book chapters on a wide variety of subjects, ranging from the structure of constitutional rights, to free speech law, to the California Electricity Crisis. Journals his articles have appeared in include the Yale Law Journal, the Supreme Court Review, the California Law Review, the Administrative Law Review, and the University of Illinois Law Review.
Bhagwat is a summa cum laude graduate of Yale University, where he received a B.A. with Honors in History. He is also a graduate of The University of Chicago Law School, where he served as Articles Editor of the University of Chicago Law Review. He then completed clerkships with Judge Richard A. Posner of the United States Court of Appeals for the Seventh Circuit, and Associate Justice Anthony M. Kennedy of the United States Supreme Court. Prior to joining the Hastings faculty, Bhagwat practiced appellate and regulatory law for two years in the Washington, D.C. offices of the Sidley & Austin law firm.
In May of 2011, Governor Jerry Brown appointed Bhagwat to serve on the Board of Governors of the California Independent System Operator, a public benefit corporation responsible for running the high-voltage electricity grid in California. In 2003, he was awarded the Rutter Award for Teaching Excellence at UC Hastings. Bhagwat is a member of the American Law Institute.
Managing Attorney of the Washington Office, Institute for Justice
William R. Maurer is the Managing Attorney of the Washington state office of the Institute for Justice, which engages in litigation in the areas of economic liberty, private property rights, educational choice, & freedom of speech.
Maurer is an advocate against the criminalization of poverty and the governmental use of the criminal and civil enforcement systems to raise revenue. He was lead counsel in a class action challenging the use of tickets to raise revenue in the city of Pagedale, Missouri. The suit resulted in a federal consent decree that reformed the city’s ticketing and municipal court system. He regularly speaks, teaches, and writes about the abuse of fines and fees in the criminal justice system. He was a participant in summits on taxation by citation put on by the White House and Department of Justice during the Obama Administration. His work on the issue includes serving as an advisory board member of the Fines and Fees Justice Center.
In addition to his work on criminal and civil justice reform, Maurer is a First Amendment litigator. In 2011, he successfully argued before the U.S. Supreme Court that Arizona’s punitive campaign financing regime was unconstitutional. Before the Washington Supreme Court, he successfully argued against efforts to classify radio commentary as a contribution under the state’s campaign finance law.
His cases and advocacy have been covered in the Washington Post, the New York Times, the Economist, the Wall Street Journal, and other major media outlets.
Maurer was named a “Washington Superlawyer” by Washington Law & Politics Magazine for several years. He is a chapter author in numerous legal reference works and has written several articles for law reviews and legal publications across the country.
Prior to joining IJ-WA, Maurer clerked for Washington Supreme Court Justice Richard Sanders and then practiced law at Perkins Coie LLP. Maurer received his law degree in 1994 from the University of Wisconsin – Madison, where he was an editor of the Wisconsin Law Review. He received his BA from Bard College in 1989.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Boochever and Bird Distinguished Professor of Law, UC Davis School of Law
Ash Bhagwat joined the UC Davis School of Law faculty in 2011. Prior to joining UC Davis, he taught at UC Hastings College of the Law for seventeen years. Bhagwat is the author of The Myth of Rights, published by the Oxford University Press in 2010, as well as numerous books, articles, and book chapters on a wide variety of subjects, ranging from the structure of constitutional rights, to free speech law, to the California Electricity Crisis. Journals his articles have appeared in include the Yale Law Journal, the Supreme Court Review, the California Law Review, the Administrative Law Review, and the University of Illinois Law Review.
Bhagwat is a summa cum laude graduate of Yale University, where he received a B.A. with Honors in History. He is also a graduate of The University of Chicago Law School, where he served as Articles Editor of the University of Chicago Law Review. He then completed clerkships with Judge Richard A. Posner of the United States Court of Appeals for the Seventh Circuit, and Associate Justice Anthony M. Kennedy of the United States Supreme Court. Prior to joining the Hastings faculty, Bhagwat practiced appellate and regulatory law for two years in the Washington, D.C. offices of the Sidley & Austin law firm.
In May of 2011, Governor Jerry Brown appointed Bhagwat to serve on the Board of Governors of the California Independent System Operator, a public benefit corporation responsible for running the high-voltage electricity grid in California. In 2003, he was awarded the Rutter Award for Teaching Excellence at UC Hastings. Bhagwat is a member of the American Law Institute.
Managing Attorney of the Washington Office, Institute for Justice
William R. Maurer is the Managing Attorney of the Washington state office of the Institute for Justice, which engages in litigation in the areas of economic liberty, private property rights, educational choice, & freedom of speech.
Maurer is an advocate against the criminalization of poverty and the governmental use of the criminal and civil enforcement systems to raise revenue. He was lead counsel in a class action challenging the use of tickets to raise revenue in the city of Pagedale, Missouri. The suit resulted in a federal consent decree that reformed the city’s ticketing and municipal court system. He regularly speaks, teaches, and writes about the abuse of fines and fees in the criminal justice system. He was a participant in summits on taxation by citation put on by the White House and Department of Justice during the Obama Administration. His work on the issue includes serving as an advisory board member of the Fines and Fees Justice Center.
In addition to his work on criminal and civil justice reform, Maurer is a First Amendment litigator. In 2011, he successfully argued before the U.S. Supreme Court that Arizona’s punitive campaign financing regime was unconstitutional. Before the Washington Supreme Court, he successfully argued against efforts to classify radio commentary as a contribution under the state’s campaign finance law.
His cases and advocacy have been covered in the Washington Post, the New York Times, the Economist, the Wall Street Journal, and other major media outlets.
Maurer was named a “Washington Superlawyer” by Washington Law & Politics Magazine for several years. He is a chapter author in numerous legal reference works and has written several articles for law reviews and legal publications across the country.
Prior to joining IJ-WA, Maurer clerked for Washington Supreme Court Justice Richard Sanders and then practiced law at Perkins Coie LLP. Maurer received his law degree in 1994 from the University of Wisconsin – Madison, where he was an editor of the Wisconsin Law Review. He received his BA from Bard College in 1989.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
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.
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.
Partner, Vinson & Elkins, and former U.S. Attorney for the Eastern District of Virginia
Zachary (“Zach”) Terwilliger, the former Senate confirmed United States Attorney for the Eastern District of Virginia, has extensive experience in all manner of federal investigations and trials. Those frontline skills combine with his mastery of involved management roles overseeing operational programs, setting policy parameters, and managing teams to accomplish strategic objectives. He gained this experience over a decades-long career in public service where he advanced from an office intern to serve as the presidentially appointed and Senate confirmed United States Attorney. He rounds out his Washington experience by having served as Associate Deputy Attorney General and Chief of staff to the Deputy Attorney General, whose office manages the entire Department of Justice and its various agencies, and as counsel to the Chair of the Senate Judiciary Committee.
In a testament to his professionalism, he was the sole and unanimous recommendation of Virginia’s two Democratic Senators to serve as U.S. Attorney. Following this recommendation, the President’s nomination, and confirmation by the entire U.S. Senate, Zach was sworn in as the then youngest U.S. Attorney in the country.
Zach’s knowledge of how the Justice Department and federal enforcement agencies function in both civil and criminal matters, particularly in regards to discretionary decision making, provides him with unique insights necessary to effectively assist companies and individuals facing federal enforcement matters, including allegations of domestic and international criminal and civil violations. Zach is skilled in navigating internal and government investigations, allegations of bribery under the Foreign Corrupt Practices Act, complex criminal grand jury investigations, criminal antitrust matters, and Congressional inquiries and select committee investigations, among other complex white collar issues.
As U.S. Attorney for the Eastern District of Virginia, Zach supervised a team of over 300 lawyers and support staff. He also managed multiple key corporate resolutions, and significantly enhanced the District’s white-collar footprint through collaboration with DOJ’s Fraud Section, as well as with other enforcement entities like the newly created Special Inspector General for Pandemic Recovery and the Procurement Collusion Strike Force. He is also a veteran litigator with years of investigative and in-court experience in trials, pre-trial proceedings, and appeals.
Beyond Bruen: Exploring the Supreme Court's Second Amendment Jurisprudence Past, Present and Future
Haley N. Proctor, Amy E. Swearer, Michael Williams
The Supreme Court's Second Amendment jurisprudence continues to evolve. This past Term, the Court issued...
Beyond Bruen: Exploring the Supreme Court's Second Amendment Jurisprudence Past, Present and Future
Haley N. Proctor, Amy E. Swearer, Michael Williams
The Supreme Court's Second Amendment jurisprudence continues to evolve. This past Term, the Court issued...
Beyond Bruen: Exploring the Supreme Court's Second Amendment Jurisprudence Past, Present and Future
Haley N. Proctor, Amy E. Swearer, Michael Williams
The Supreme Court's Second Amendment jurisprudence continues to evolve. This past Term, the Court issued...
Pardon Me: When Congressional Witnesses Plead the Fifth
John G. Malcolm, Clark Neily, G. Zachary Terwilliger
Congressional committees frequently use their subpoena power to compel witnesses to appear before them and...
Pardon Me: When Congressional Witnesses Plead the Fifth
John G. Malcolm, Clark Neily, G. Zachary Terwilliger
Congressional committees frequently use their subpoena power to compel witnesses to appear before them and...
Pardon Me: When Congressional Witnesses Plead the Fifth
From the Courthouse Steps: Wolford v. Lopez
John Ohlendorf, Amy E. Swearer
In Wolford v. Lopez, the Supreme Court held that Hawaii’s law prohibiting licensed concealed-carry permit...
From the Courthouse Steps: Wolford v. Lopez
John Ohlendorf, Amy E. Swearer
In Wolford v. Lopez, the Supreme Court held that Hawaii’s law prohibiting licensed concealed-carry permit...
Anonymity, Masking, and Civil Rights
Ashutosh Bhagwat, William R. Maurer, Hans A. Von Spakovsky
Since September 2025, California, Washington, and Oregon have barred federal agents from wearing masks. Other states...
Anonymity, Masking, and Civil Rights
Ashutosh Bhagwat, William R. Maurer, Hans A. Von Spakovsky
Since September 2025, California, Washington, and Oregon have barred federal agents from wearing masks. Other states...