Partner, Gibson, Dunn & Crutcher LLP
Thomas G. Hungar is a partner in the Washington, D.C., office of Gibson Dunn. His practice focuses on appellate litigation, and he assists clients with congressional investigations and complex trial court litigation matters as well. He has presented oral argument before the Supreme Court of the United States in 28 cases, including some of the Court’s most important patent, antitrust, securities, and environmental law decisions, and he has also appeared before numerous lower federal and state courts.
Thomas served as General Counsel to the U.S. House of Representatives from July 2016 until January 2019. As General Counsel, he provided legal advice and litigation representation on a non-partisan basis to the House and its leadership, members, officers, and staff, and he worked closely with numerous House committees in connection with their oversight and investigative activities. Previously, he served as a Deputy Solicitor General of the United States. In that position, he supervised business-related appellate litigation for the federal government, with particular emphasis on patent, antitrust, securities, and environmental appellate cases, and he also oversaw appellate litigation in banking, bankruptcy, tax, government contracts, communications, copyright, labor, trademark, and international trade matters. In private practice, Thomas’s appellate experience has encompassed those areas as well as class actions, constitutional law, employment law, product liability, administrative procedure, insurance coverage and bad faith, and general commercial litigation. He has handled scores of business-related appeals in the Supreme Court and lower appellate courts, and has briefed and argued many high-profile matters.
Thomas is a Fellow of the American Academy of Appellate Lawyers and is a frequent lecturer in his areas of expertise. While at the Department of Justice, he served as Appellate Counsel to the Intellectual Property Task Force Executive Staff, and he was awarded the John Marshall Award for Outstanding Legal Achievement, the Department’s highest award presented to attorneys for contributions and excellence in legal performance, in recognition of his handling of patent-law matters before the Supreme Court.
Most recently, Thomas has garnered national recognition for his Appellate Practice in The Legal 500 – United States, Best Lawyers in America, and in Chambers USA, which has repeatedly highlighted Thomas for his “expertise in appellate litigation” and experience with employment and antitrust disputes, as well as Congressional Investigations. Thomas was also recently named a “Litigation Star” by Benchmark Litigation.
Thomas served as an Assistant to the Solicitor General of the United States from 1992-1994. He also served as a law clerk to Justice Anthony M. Kennedy of the Supreme Court and to Circuit Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He received his law degree from Yale Law School in 1987, where he was a Senior Editor of the Yale Law & Policy Review. He received his Bachelor of Science degree magna cum laude in mathematics/computer science and economics from Willamette University in 1984.
Thomas is admitted to practice in the District of Columbia.
Vice-chair, U.S. Commission on Civil Rights, and Adjunct Scholar, American Enterprise Institute
Abigail Thernstrom is the vice-chair of the U.S. Commission on Civil Rights, and an adjunct scholar at the American Enterprise Institute. She was a senior fellow at the Manhattan Institute in New York from 1993 to 2009, and a member of the Massachusetts State Board of Education for more than a decade until her third term ended in November 2006. She also serves on the board of advisors of the U.S. Election Assistance Commission. She received her Ph.D. in 1975 from the Department of Government, Harvard University.
In 2007 she and her husband, Stephan Thernstrom, along with James Q. Wilson, Martin Feldstein, and John Bolton, were the recipients of a Bradley Foundation prizes for Outstanding Intellectual Achievement.
Thernstrom and her husband, Harvard historian Stephan Thernstrom, are the co-authors of No Excuses: Closing the Racial Gap in Learning (Simon & Schuster, October 2003), which has been awarded the 2007 Fordham Foundation prize for “for distinguished scholarship,” and was named by both the Los Angeles Times and the American School Board Journal as one of the best books of 2003.
They also collaborated on America in Black and White: One Nation, Indivisible (Simon & Schuster), which the New York Times Book Review, in its annual end-of-the-year issue, named as one of the notable books of 1997.
They are the editors of a Beyond the Color Line: New Perspectives on Race and Ethnicity. Their lengthy review of William G. Bowen and Derek Bok's much-noticed work, The Shape of the River, appeared in the June 1999 issue of the UCLA Law Review.
Whose Votes Count? Affirmative Action and Minority Voting Rights (Harvard University Press) won four awards, including the American Bar Association's Certificate of Merit, and the Anisfield-Wolf prize for the best book on race and ethnicity. It was named the best policy studies book of that year by the Policy Studies Organization (an affiliate of the American Political Science Association), and won the Benchmark Book Award from the Center for Judicial Studies. Along with her husband, she also won the 2004 Peter Shaw Memorial Award given by National Association of Scholars.
She is currently completing a book entitled Voting Rights and Wrongs: The Elusive Quest for Racially Fair Elections, and is working, as well, with her husband on another book with the tentative title of Don’t Call it Segregation: The Myth of Contemporary Apartheid. She (and two co-authors) submitted an amicus brief in Parents Involved in Community Schools v. Seattle, challenging the constitutionality of Seattle's racial balancing plan.
Her frequent media appearances have included Fox News Sunday, Good Morning America, and This Week with George Stephanopoulos. For some years, she was a stringer for The Economist, and continues to write for a variety of journals and newspapers, including the Wall Street Journal, the Los Angeles Times, the New York Times and the (London) Times Literary Supplement.
She serves on several boards, and from 1992 to 1997 was a member of the Aspen Institute's Domestic Strategy Group.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Professor of Law, Ohio Northern University Pettit College of Law
Scott Gerber clerked for U.S. District Judge Ernest C. Torres of the District of Rhode Island and practiced with the Boston-based law firm Bingham, Dana & Gould. He is a member of the Massachusetts, Colorado and Virginia bars as well as the U.S. Supreme Court bar. He is the 2002, 2009, 2011 and 2012 winner of the Fowler V. Harper Award for excellence in legal scholarship and the 2004, 2013 and 2016 recipient of the Daniel S. Guy Award for excellence in legal journalism. He held the Ella & Ernest Fisher chair in law at Ohio Northern University from 2008-10. He has served on the Ohio Advisory Committee of the U.S. Commission on Civil Rights since 2008 and was appointed to the Association of American Law Schools Committee to Review Scholarly Papers for the 2018 Annual Meeting. He is an associated scholar at Brown University's Political Theory Project. StateStats.org named him one of the top law professors in Ohio. He was on sabbatical as a visiting professor at Brown University's Political Theory Project during the 2018-19 academic year.
Partner, Arnold & Porter
John Elwood is the head of Arnold & Porter’s Appellate and Supreme Court practice. He has argued before the Supreme Court nine times, and appeared before most of the federal courts of appeals. He has successfully argued cases across a broad cross-section of subjects, with particular experience in environmental law, the False Claims Act, government contracting, and federal criminal law
Mr. Elwood’s work has earned him recognition as one of Washington’s top Supreme Court lawyers (Washingtonian, 2013), as one of “a small group of lawyers” with an “outsized influence at the U.S. Supreme Court” (Reuters, 2014), and as one of the country’s most innovative lawyers (Financial Times, 2014). Chambers USA reports that “[t]he much-admired John Elwood is praised for his advocacy skills” (2013), and describes Mr. Elwood as “phenomenal” (2014), “incredibly talented” (2012), and “a much-loved and widely respected lawyer who is quick on his feet” (2010).
Before joining the firm, Mr. Elwood served in senior-level positions in the U.S. Department of Justice. Beginning as an Assistant to the Solicitor General, and continuing with the firm, he has briefed more than 20 merits cases before the Supreme Court of the United States, and has briefed approximately 135 cases at the certiorari stage. As the senior Deputy in the Office of Legal Counsel, he advised the White House and federal agencies on a range of constitutional, statutory, and regulatory issues.
Vice President, Legal & Chief Counsel, Legal, Brady
Jonathan E. Lowy is the Vice President, Legal and Chief Counsel at Brady. Since 1997 Jon has argued in courts across the country to reduce gun violence, providing pro bono legal representation to victims of gun violence in lawsuits to reform dangerous gun industry practices, and assisting governments and public officials in defense of reasonable gun laws. Jon has litigated in over 40 states, successfully arguing several precedent-setting cases in appellate and trial courts establishing gun industry liability and Second Amendment law, obtaining several multi-million dollar settlements, and reforming gun industry practices. Jon has been named one of the 500 Leading Lawyers in America by Lawdragon magazine for the past 10 years, and has published numerous articles on gun litigation and policy including, The Right Not To Be Shot: Public Safety, Private Guns, and the Constellation of Constitutional Liberties in the Georgetown Journal of Law and Policy. He graduated from Harvard College and the University of Virginia School of Law.
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.
Former Adjunct Professor of Law; former Special Counsel to the President; former federal prosecutor, Georgetown Law (ret.)
Bill Otis is a former Adjunct Professor of Law at Georgetown University, a one-time federal prosecutor, and a former Special White House Counsel for President George H. W. Bush. After graduating from Stanford Law School, he started his career in the Criminal Division of the Justice Department, then became chief of appeals for the US Attorney's Office for the Eastern District of Virginia. In the 1980's he served on the Department's "Train the Trainer" team, which taught US Attorneys Offices across the county how to implement the then-new Sentencing Reform Act. He has held several posts in the federal government, including Special Assistant to the Secretary of Energy and Counselor to the head of the Drug Enforcement Administration, in addition to the White House post. He has testified before Congress on issues in criminal procedure, illegal drugs, the US Sentencing Commission, and the death penalty, and has given numerous media interviews on those and other subjects. He currently teaches a seminar at Georgetown Law titled "Conservatism in Law in America" with his wife, Federalist Society co-founder Lee Liberman Otis.
Gary R. Trombley Family White-Collar Crime Research Professor, Stetson University College of Law
A former deputy prosecutor and criminal defense attorney, Professor Ellen S. Podgor teaches in the areas of white collar crime, criminal law and international criminal law. She has previously taught other courses, such as professional responsibility, criminal procedure, law and sexual orientation seminar, and advocacy. She served as Stetson's inaugural Associate Dean of Faculty Development and Electronic Education and also served as a LeRoy Highbaugh Sr. Research Chair. She is the co-author of numerous books including White Collar Crime in a Nutshell,Understanding International Criminal Law, and Mastering Criminal Law. She has authored more than 50 law review articles and essays in the areas of computer crime, international criminal law, lawyer's ethics, criminal discovery, prosecutorial discretion, corporate criminality, and other white collar crime topics. These have been published in journals such as the Hastings Law Journal, Washington & Lee Law Review, Harvard Civil Rights-Civil Liberties Law Review, Yale Law Journal Pocket Part, Washington University Law Review, Fordham Law Review, Cardozo Law Review, U.C. Davis Law Review, American University Law Review, Georgetown Journal of Legal Ethics, American Criminal Law Review, Vanderbilt En Banc, Journal of Criminal Law and Criminology, and many others.
Podgor has been interviewed on National Public Radio and been quoted in newspapers across the country, including the New York Times, Wall Street Journal, Washington Post, LA Times, National Law Journal, Chicago Tribune, andBusiness Week. She is the editor of the highly ranked White Collar Crime Prof Blog. She is the chair of the Advisory Committee of the NACDL White-Collar Criminal Defense College at Stetson.
She has taught at other law schools including Georgia State University College of Law and St. Thomas University College of Law, and been a visiting professor at University of Georgia School of Law, George Washington University Law School and held a visiting endowed chair position at University of Alabama School of Law. She also was a visiting scholar at Yale Law School. Podgor served for six years as a member of the board of directors of the National Association of Criminal Defense Lawyers (NACDL) and presently serves on the board of directors of the International Society for the Reform of Criminal Law (ISRCL) and the board of trustees for the Southeastern Association of Law Schools (SEALS). She is a past chair of the Criminal Justice Section of the Association of American Law Schools (AALS) and is an honorary member of the American Board of Criminal Lawyers. Professor Podgor is a member of the American Law Institute.
In 2010, Podgor received the Robert C. Heeney Award, the highest honor given by the National Association of Criminal Defense Lawyers. She is also the recipient of the Dickerson-Brown Award for Excellence in Faculty Scholarship.
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.
Founder and Principal, Fillmore Global Strategies LLC
Ambassador Nathan A. Sales is the founder and principal of Fillmore Global Strategies LLC, a consultancy that provides legal and strategic advisory services on matters at the intersection of law, policy, and diplomacy.
From 2017 to 2021, Ambassador Sales served at the U.S. Department of State as Under Secretary for Civilian Security, Democracy, and Human Rights (acting). He oversaw nine bureaus and offices led by Senate-confirmed principals, with 1,300 employees and a combined foreign assistance budget of more than $5 billion annually, and the mission of preventing and countering threats to civilian security, including terrorism, mass atrocities, and violations of human rights and the rule of law.
Concurrently, Ambassador Sales was Ambassador-at-Large and Coordinator for Counterterrorism. After being nominated by the President and unanimously confirmed by the U.S. Senate, he was sworn in on August 10, 2017. He served as the principal adviser to the Secretary of State on international counterterrorism matters, and led the State Department’s Counterterrorism Bureau, a 200-person team with an annual foreign assistance budget of $400 million. He was also the Special Presidential Envoy to the Global Coalition to Defeat ISIS, leading U.S. relations with the 83-member Coalition and efforts to ensure the lasting defeat of ISIS in the Middle East and around the world.
While at the State Department, Ambassador Sales led the elements of the U.S. government’s China strategy promoting democratic values and human rights, including with respect to Hong Kong and Xinjiang. He oversaw the development and implementation of a wide range of U.S. government sanctions, including Global Magnitsky actions and Executive Order 13,936, targeting those responsible for undermining Hong Kong’s freedoms and autonomy. Ambassador Sales was the architect of the landmark 2017 UN Security Council Resolution 2396 on terrorist travel, and successfully pressed NATO to make counterterrorism a core Alliance mission. He led diplomatic engagements to persuade a dozen key partners in Europe and the Americas to designate Hizballah as a terrorist organization in its entirety. He launched the Western Hemisphere Counterterrorism Ministerial, in which heads of state and minister-level officials meet bianually to coordinate efforts against terrorist threats in the region. He led the U.S. government’s international efforts to combat white supremacist terrorism. Under his leadership, the State Department imposed terrorism sanctions on the Russian Imperial Movement – the first-ever U.S. designation of white supremacist terrorists.
Before joining the State Department, Ambassador Sales was Of Counsel at the law firm Kirkland & Ellis LLP (formerly Bancroft PLLC). He was also a tenured law professor, teaching and writing in the fields of administrative law, constitutional law, and national security law. His scholarship has been cited by the U.S. Supreme Court multiple times.
Ambassador Sales previously was Deputy Assistant Secretary for Policy at the U.S. Department of Homeland Security. He led DHS’s efforts to draft and implement legislation that strengthened the security of and expanded the Visa Waiver Program (which allows citizens of certain countries to travel to the United States without a visa). He headed the U.S. delegation in talks with seven countries to implement the new security measures and was the Secretary of Homeland Security’s Special Envoy to South Korea.
Ambassador Sales also served at the Office of Legal Policy at the U.S. Department of Justice, where he worked on regulatory initiatives, counterterrorism, and judicial confirmations. In 2005, he managed DOJ’s “war room” for the confirmation of Chief Justice John Roberts. He received the Attorney General’s Award for Exceptional Service – the Justice Department’s highest honor – for his role in drafting the USA PATRIOT Act, as well as the Attorney General’s Distinguished Service Award for his work on judicial confirmations.
In addition to his work at Fillmore Global Strategies, Ambassador Sales is a nonresident senior fellow at the Atlantic Council and a senior advisor at the Soufan Group, a global intelligence and security consultancy. He serves on a number of advisory boards, including for the Counter-Extremism Project (a nonprofit and nonpartisan international policy organization formed to combat the growing threat from extremist ideologies), the Secure Community Network (the official safety and security organization for the North American Jewish community), and the Sue J. Henry Center for Pre-Law Education at Miami University.
An Ohio native, Ambassador Sales received his B.A., summa cum laude, from Miami University in Oxford, Ohio, where he was elected to Phi Beta Kappa. He earned his J.D., magna cum laude, from Duke Law School, where he was Research Editor of the Duke Law Journal and joined the Order of the Coif. After law school, he clerked for the Honorable David B. Sentelle of the U.S. Court of Appeals for the DC Circuit.
Director, Speech, Privacy & Technology Project, American Civil Liberties Union
Ben Wizner is the Director of ACLU’s Speech, Privacy & Technology Project, which is dedicated to protecting and expanding the First Amendment freedoms of expression, association, and inquiry; expanding the right to privacy and increasing the control that individuals have over their personal information; and ensuring that civil liberties are enhanced rather than compromised by new advances in science and technology. He has litigated numerous cases involving post-9/11 civil liberties abuses, including challenges to airport security policies, government watchlists, extraordinary rendition, and torture. He has appeared regularly in the media, testified before Congress, and traveled several times to Guantánamo Bay to monitor military commission proceedings. Ben is a graduate of Harvard College and New York University School of Law and was a law clerk to the Hon. Stephen Reinhardt of the U.S. Court of Appeals for the 9th Circuit.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
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