Editor, SCOTUSblog
United States Attorney, Western District of North Carolina
Russ Ferguson leads the U.S. Attorney’s Office as the presidentially-appointed United States Attorney for the Western District of North Carolina, following his confirmation by the United States Senate on December 18, 2025. Nominated by President Donald Trump, who formally signed his commission on December 23, 2025, U.S. Attorney Ferguson took the oath of office, administered by the Honorable Frank D. Whitney, Senior United States District Judge, on Christmas Eve.
Mr. Ferguson was first appointed as interim United States Attorney by Attorney General Pamela Bondi on March 3, 2025, and sworn in on March 11, 2025. He was subsequently unanimously appointed to the position by all federal judges in this district effective June 30, 2025. He was then nominated by the President on July 30, 2025.
As U.S. Attorney, Mr. Ferguson serves as the chief federal law enforcement officer in the Western District, responsible for representing the United States in all civil and criminal litigations. Mr. Ferguson leads an office of nearly 100 federal prosecutors and support personnel, serving 32 counties across western North Carolina, including the Eastern Band of Cherokee Indians, the largest Native American community in the eastern United States.
U.S. Attorney Ferguson brings 16 years of significant legal experience to his new role. He began his legal career as a federal prosecutor in the U.S. Attorney’s Office for the District of Columbia, where he tried 28 cases to verdict. Before his appointment as U.S. Attorney, Mr. Ferguson was a partner at the international law firm of Womble Bond Dickinson, where he led the firm’s complex litigation group and handled complex civil and criminal cases. Mr. Ferguson’s work included representing clients in high-profile and complex criminal and civil trials, as well as in international arbitrations before a number of world arbitral bodies.
U.S. Attorney Ferguson has held leadership roles with the Mecklenburg County Bar, which honored him with an award for Best Individual Attorney for his pro bono service. He has been named to Super Lawyers, Best Lawyers in America, North Carolina Business Elite, and received the Charlotte Business Journal’s Forty Under Forty Award. Mr. Ferguson has also served as a speaker and panelist for local and national events and has published numerous articles on topics related to civil and criminal law.
U.S. Attorney Ferguson has served the community by serving on the Board of NourishUp, Charlotte’s food pantry and meals on wheels organization, demonstrating his ongoing commitment to addressing hunger and supporting families in need. He also previously served on Keep Charlotte Beautiful, to which he was appointed by the City Council, and on the Mecklenburg County Bar’s Board of Directors.
U.S. Attorney Ferguson received his undergraduate degree from Duke University and earned his law degree and a masters of law from Georgetown University Law Center. After law school, U.S. Attorney Ferguson clerked for the Honorable Frank D. Whitney in the United States District Court for the Western District of North Carolina.
Senior Fellow, Potomac Institute for Policy Studies
Dean Cheng currently a Senior Fellow at the Potomac Institute for Policy Studies, specializing in the US relationship with China. Prior to being with the Potomac institute, he recently retired as the Senior Research Fellow for Chinese Political and Military Affairs at the Heritage Foundation. He is fluent in Chinese, and uses Chinese language materials regularly in his work. Previously, he worked with the China Studies Division (previously, Project Asia) at the Center for Naval Analysis, a Federally Funded Research and Development Center, where he specialized in Chinese military issues, with a focus on Chinese military doctrine and Chinese space capabilities. Before that, he worked for Science Applications International Corporation (SAIC), and as an analyst with the US Congress’ Office of Technology Assessment in the International Security and Space Division.
His published work includes the volume Cyber Dragon: Inside China’s Information Warfare and Cyber Operations (Praeger Publishing, 2016). He has testified before Congress, and spoken at the National Space Symposium, the US National Defense University, the USSTRATCOM Deterrence Symposium, Harvard, and MIT. He has appeared frequently in print and broadcast media to discuss Chinese space and military activities.
General Counsel, TechFreedom
James Dunstan serves as the General Counsel to TechFreedom. Jim has served as a Senior Adjunct Fellow to TechFreedom since its inception. Jim has more than 37 years of private practice experience in a technology-focused practice, including telecommunications, media, computer game, and outer space law. Jim spent 17 years at the telecom boutique firm Haley Bader & Potts (10 years in management), and headed the Telecommunications and Information Technology Group at Garvey, Schubert & Barer from 2000-2006. Jim founded his own firm, Mobius Legal Group, in 2010; he continues that private practice (on matters not in conflict with TechFreedom’s work) while serving as TechFreedom’s General Counsel.
Jim’s career includes being on the legal team that won the first cellular radio license for MCI in 1984, writing the constitutional challenge to the FCC’s Fairness Doctrine that took down the Doctrine in Syracuse Peace Council v. FCC, 867 F.2d 654 (1989), and helping shape the FCC’s children’s television rules on behalf of a client which produces the majority of educational programming for the major television networks. He litigated the first “virtual property” case and drafted and negotiated the first lease for a manned space station (Mir) as well as writing the first contract that was actually executed in outer space.
At TechFreedom, Jim’s substantive portfolio includes FCC regulation, the Children’s Online Protection and Privacy Act (COPPA), and all things outer space. As General Counsel, he oversees the entire legal team, and participates in TechFreedom’s robust appellate litigation team.
Jim was the 1978 Harry S. Truman Scholar from Arizona, is a graduate of Claremont McKenna College (1980), and the Georgetown University Law Center (1983). He is admitted to practice law in the District of Columbia and the Commonwealth of Virginia. Jim holds multiple patents for innovative computer input devices and has a number of patents pending in the field of computer game devices and methods. Jim is an avid musician, playing French horn in the Fairfax Wind Symphony, and with the Silver 5 Brass Quintet.
Senior Fellow, Asian Military Affairs, International Assessment and Strategy Center
Mr. Richard D. Fisher, Jr. is a Senior Fellow with the International Assessment and Strategy Center. He has previously worked with the Center for Security Policy, Jamestown Foundation China Brief, U.S. House of Representatives Republican Policy Committee, and The Heritage Foundation. Mr. Fisher has previously testified on aspects of China’s strategic challenge before the United States Senate, the House of Representatives and the U.S.-China Economic and Security Review Commission. He is the author of China’s Military Modernization, Building for Regional and Global Reach (Praeger, 2008, Stanford University Press, 2010, Taiwan Ministry of National Defense translation, 2012). His articles have been published in the Jane’s Intelligence Review, Jane’s Defence Weekly, Aviation Week and Space Technology, Armed Forces Journal, Far Eastern Economic Review, Asian Wall Street Journal, The Washington Times, The Sankei Shimbun, World Airpower Review and Air Forces Monthly. He received a B.A. (Honors) in 1981 from Eisenhower College.
Senior Litigation Counsel, New Civil Liberties Alliance
Margaret Harker litigates for a public interest law firm. She has significant experience in government investigations and litigation, having served in the three branches of our government. Previously, she led complex Congressional investigations for the House Committee on Oversight and Government Reform—including the only government-wide investigation into federal agencies’ strategy (or lack thereof) to counter Chinese Communist Party political warfare against America.
Prior to her time on Capitol Hill, Harker served in the U.S. Department of Justice. She was an Assistant United States Attorney in both the Eastern District of Tennessee and the Eastern District of Virginia. She was a Trial Attorney in the National Security Division, Counterintelligence and Export Control Section, with an emphasis on the administration and enforcement of the Foreign Agents Registration Act.
Harker clerked for the Honorable Henry E. Hudson, U.S. District Court for the Eastern District of Virginia and the Honorable Randolph A. Beales, Court of Appeals of Virginia.
Earlier in her career, she studied in Beijing, China, and worked at the U.S. Chamber of Commerce’s China Center.
Associate, Consovoy McCarthy PLLC
Ms. Bates assists clients with a variety of litigation and appellate matters that encompass constitutional law, administrative law, and commercial litigation. Before joining the firm, Ms. Bates was a law clerk to Judge Kyle Duncan of the U.S. Court of Appeals for the Fifth Circuit. She previously served as a Legal Policy Analyst at the Heritage Foundation, where she researched and wrote about the courts, judicial nominations, and various constitutional issues. She also co-hosted Heritage’s SCOTUS 101 podcast. She earned her B.A. magna cum laude in Politics from Hillsdale College, and her J.D. from the Antonin Scalia Law School at George Mason University. Ms. Bates is a member of the Virginia Bar.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
General Counsel, U.S. Department of Homeland Security
James H. Percival graduated from the University of California, Santa Barbara and the University of Virginia School of Law. Before his work at the Department of Homeland Security, he was Chief of Staff to then Florida Attorney General Ashley Moody. James previously served in a number of other roles for Attorney General Moody and as Senior Counsel at the U.S. Department of Justice. Before beginning his public service, James worked for a global law firm and clerked for Judge Emmett Ripley Cox of the U.S. Court of Appeals for the Eleventh Circuit. In between college and law school, James worked as a substitute teacher and as a missionary in South America.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
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