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.
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.
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