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.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
Distinguished Professor, Moses Lasky Professor of Law History an, University of Colorado Law School
Prior to joining the faculty of Colorado Law School, Charles Wilkinson practiced law with private firms in Phoenix and San Francisco and then with the Native American Rights Fund. In 1975, he became a law professor, teaching at the law schools of the University of Oregon, Michigan and Minnesota before moving to Colorado in 1987.
His primary specialties are federal public land law and Indian law. In addition to his many articles in law reviews, popular journals, and newspapers, his fourteen books include the standard law texts on public land law and on Indian law. He also served as managing editor of Felix S. Cohen's Handbook of Federal Indian Law, the leading treatise on Indian law. The books he has written in recent years, such as 1992's The Eagle Bird, are aimed for a general audience, and they discuss society, history, and land in the American West. He won the Colorado Book Award for Messages From Frank's Landing, a profile of Billy Frank, Jr. of the Nisqually Tribe of western Washington. In his book, Blood Struggle: The Rise of Modern Indian Nations, he poses what he calls "the most fundamental question of all: Can the Indian voice endure?" Listen to an interview on Colorado Public Radio conducted by Dan Drayer about Blood Struggle. In his latest book The People Are Dancing Again: The History of the Siletz Tribe of Western Oregon, Professor Wilkinson writes about how the history of the Siletz Tribe is in many ways the history of many Indian tribes: a story of heartache, perseverance, survival, and revival.
Professor Wilkinson has received teaching awards from his students at all three law schools where he has taught, and the Universities of Colorado and Oregon have given him their highest awards for leadership, scholarship, and teaching. He has also won acclamation from non-academic organizations. The National Wildlife Federation presented him with its National Conservation Award, and in its 10-year anniversary issue, Outside Magazine named him one of 15 "People to Watch," calling him "the West's leading authority on natural resources law." He has served on several boards, including The Wilderness Society, the Grand Canyon Trust, and the Center of the American West at the University of Colorado. Over the years, Professor Wilkinson has taken on many special assignments for the Departments of Interior, Agriculture, and Justice. He was a member of the tribal team that negotiated the 1997 Joint Secretarial Order of the Interior and Commerce Departments concerning tribal rights under the Endangered Species Act. He served as special counsel to the Interior Department for the drafting of the Presidential Proclamation, signed by President Clinton in September 1996, establishing the Grand Staircase-Escalante National Monument in Utah. In December 1997 Agriculture Secretary Glickman appointed him a member of the Committee of Scientists, charged with reviewing the Forest Service planning regulations. Professor Wilkinson acted as facilitator in negotiations between the National Park Service and the Timbisha Shoshone Tribe concerning a tribal land base in Death Valley National Park; in 2000 Congress enacted legislation ratifying the resulting agreement. He also served as facilitator in far-ranging negotiations between the City of Seattle and the Muckleshoot Indian Tribe.
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...
Midnight Monuments: The Antiquities Act and the Executive Authority to Designate National Monuments - Podcast
Donald J. Kochan, Charles Wilkinson
The Antiquities Act of 1906 provides, in part, that “The President may, in the President's...