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.
Writer and Editor, Tablet Magazine
Park MacDougald is Editor and Senior Writer at The Scroll, Tablet’s daily afternoon newsletter, a fellow at the Manhattan Institute, and a former recipient of the Novak Fellowship from The Fund for American Studies. His writing has appeared in Tablet, City Journal, New York Magazine, The Washington Examiner, and UnHerd.
Fellow, National Security Institute, Antonin Scalia Law School, George Mason University
Vince Vitkowsky chaired the Executive Committee of the Federalist Society’s International and National Security Law and Policy Practice Group for over a decade. He is also a Fellow at the National Security Institute of George Mason University Law School. Vince spent 45 years in private practice, primarily in AmLaw 100/200 firms and their spin-offs. His practice included domestic and international commercial arbitration and litigation, as well as cyber risks and liabilities. Vince's current focus is on national security policy, artificial intelligence, cybersecurity, and counterterrorism. He has often written and spoken on national security and other public policy issues. Among other affiliations, Vince has been an Adjunct Fellow at the Center for Law and Counterterrorism of the Foundation for the Defense of Democracies, a member of the Executive Committee of the American Branch of the International Law Association, and Co-Chair of the Committee on Interventions and Trial Observations of the International Bar Association’s Human Rights Institute. He received his B.A. from Northwestern University and his J.D. from Cornell Law School.
R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
Partner, First & Fourteenth PLLC
For over 35 years, Martin Nussbaum has advised and advocated for dioceses, churches, denominations, religious hospitals, schools, monasteries, Chabad houses, ashrams, and other ministries. He is a nationally recognized expert on religious institution law and religious freedom. His advocacy and advice has been welcomed by religious leaders across the country.
Over his career, Martin has earned a national reputation for his expertise on the First Amendment and various other religious freedom protections. He employs strategic litigation that seeks to protect those rights. He has advocated for religious institutions in cases before the U.S. Supreme Court and in state and federal courts across the country. He also advocates for religious institutions before legislatures and in administrative proceedings, and serves as outside general counsel to numerous national and regional ministries.
Martin has served as a trial, appellate, and amicus counsel in landmark First Amendment and Religious Freedom Restoration Act cases in the U.S. Supreme Court and in state and federal courts.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Eric Rassbach is Vice President and Senior Counsel at the Becket Fund for Religious Liberty, where he has served since 2003. He has briefed over 90 cases at the United States Supreme Court and has led or been a part of Becket litigation teams in each of Becket’s pathbreaking victories there, including Hosanna-Tabor, Hobby Lobby, Holt v. Hobbs, Zubik v. Burwell, Agudath Israel of America v. Cuomo, and Fulton v. Philadelphia. In 2020, Eric argued Our Lady of Guadalupe School v. Morrissey-Berru to the Supreme Court, garnering a 7-2 win for his Catholic school clients. Eric has also briefed and argued cases in federal appeals courts and state supreme courts across the nation. Eric has also represented clients in appeals to the European Court of Human Rights in Strasbourg, France and in the highest courts of several other countries.
Eric believes passionately in the right of all people to the full measure of religious liberty and has represented members of almost every religious group present in the United States, including Buddhists, Christians, Hindus, Jains, Jews, Muslims, Native Americans, Santeros, and Sikhs, as well as many governmental entities targeted for accommodating religion.
Eric frequently comments on church-state issues in the media, including the New York Times, the Washington Post, the Wall Street Journal, and other major press outlets. He has published legal scholarship in the Harvard Law Review Forum, the Tennessee Law Review, the Illinois Law Review, the Cato Supreme Court Review, and other legal journals, and often speaks to law school audiences.
Before joining Becket, Eric worked at Baker Botts LLP in Houston, where he worked in international project finance. He also served as a law clerk to United States District Court Judge Lee Rosenthal in Houston, Texas.
Eric graduated from Haverford College with a degree in Comparative Literature, is a member of Fitzwilliam College, University of Cambridge, and is a graduate of Harvard Law School. Eric was a 2012-2013 Wasserstein Public Interest Fellow at Harvard Law School. He is Visiting Professor and Executive Director of The Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine University Caruso School of Law in Malibu, where he leads students in litigating cases in American courts. He is also an Associated Scholar with the Centre for Religious Freedom at Jagiellonian University in Kraków, Poland. Eric is admitted in Texas, DC, California, and Ireland.
Executive General Counsel, First Liberty Institute
Hiram Sasser is Executive General Counsel for First Liberty Institute, where he oversees First Liberty’s litigation and media efforts. Sasser’s practice focuses on First Amendment and other constitutional and civil rights issues relating to religious liberty. Sasser served as co-counsel in seven victories before the United States Supreme Court, including Groff v. DeJoy (landmark case overturning the “de minimis cost” test for Title VII in place almost 50 years), Kennedy v. Bremerton (landmark case overturning 50 years of Establishment Clause precedent), Carson v. Makin (overturning 40 years of Maine’s discrimination against parents choosing faith-based schools), American Legion v. American Humanist Association (landmark case ending Establishment Clause attacks on veterans’ memorials with religious imagery), Klein v. Oregon Bureau of Labor and Industries (granted, vacated, and remanded (twice) in religious wedding service case), and Sause v. Bauer (summary reversal revoking qualified immunity for police who ordered a citizen not to pray in her own home).
In addition to his legal duties, Sasser develops, coordinates, and implements successful media strategies on behalf of his clients. This includes numerous appearances on ABC, NBC, CBS, Fox News, CNN, and the BBC as well as being heard on various radio stations throughout the United States, Asia, Africa, and Europe.
In 2016, Sasser took a leave of absence to serve a temporary assignment as the Chief of Staff for the Attorney General of Texas. He currently serves as an Adjunct Professor of Law at both The University of Texas at Austin School of Law (teaching Religious Liberty) and Oklahoma City University School of Law (teaching Civil Rights Procedure).
District Judge, United States District Court for the Northern District of Texas
Judge Brantley Starr was appointed to United States District Court for the Northern District of Texas in August 2019. Before his appointment, Judge Starr was the Deputy First Assistant Attorney General of Texas. Prior to that appointment, he served as Deputy Attorney General for Legal Counsel. From 2011 to 2015, Judge Starr served as career staff attorney to Texas Supreme Court Justice Eva Guzman. From 2008 to 2011, he practiced at King & Spalding, LLP. He served in the Office of the Solicitor General from 2006 to 2008. Prior to that, Judge Starr clerked for then-Justice Don Willett on the Texas Supreme Court after serving at the Office of the Attorney General. Judge Starr received his law degree from the University of Texas School of Law and his bachelor of arts degree from Abilene Christian University in 2001. Judge Starr has taught the Origins of the Constitution Class at the University of Texas law, Texas A&M law, and SMU law.
Grove Human Rights Scholar, Hunter College
Dr. Teng Biao is an academic lawyer, currently Grove Human Rights Scholar at Hunter College. He co-founded two human rights NGOs in Beijing –the Open Constitution Initiative, and China Against the Death Penalty. He is one of the earliest promoters of the Rights Defense Movement in China, and the manifesto Charter 08, for which Dr. Liu Xiaobo was awarded the Nobel Peace Prize. His research includes human rights, criminaljustice, social movement and political transition in China. Teng is working on two books, one is on China’s human rights movement, and another on China’s threat to global human rights and freedom.
Faculty Director Emeritus, New York University School of Law
Jerome A. Cohen, a professor at NYU School of Law since 1990 and U.S.-Asia Law Institute Faculty Director Emeritus, is a leading American expert on Chinese law and government. A pioneer in the field, Prof. Cohen began studying and teaching about China’s legal system in the early 1960s and from 1964 to 1979 introduced the teaching of Asian law into the curriculum of Harvard Law School, where he served as Jeremiah Smith Professor, Associate Dean and Director of East Asian Legal Studies. Prof. Cohen served for several years as C.V. Starr Senior Fellow and Director of Asia Studies at the Council on Foreign Relations, where he currently is an Adjunct Senior Fellow. In addition, he has published hundreds of scholarly articles on various topics as well as a book, China Today, co-authored with his wife, Joan Lebold Cohen, and a regular series of journalistic opinion pieces for various newspapers. Today, Prof. Cohen continues his research and writing on Asian law, specifically focusing on legal institutions, criminal justice reform, dispute resolution, human rights and the role of international law relating to China and Taiwan.
Jerry has his and his wife's name in the chair professor of Harvard Law School in 2018 and received a honorary doctor degree from Yale University in 2020.
Professor of Law, Catholic University of America
Robert Destro served as Assistant Secretary for the Bureau of Democracy, Human Rights, and Labor (DRL). He has a long history as a human rights advocate and civil rights attorney with expertise in elections, employment, and constitutional law. Destro has served on the faculty at Catholic University’s Columbus School of Law since 1982 and served as its interim dean from 1999 to 2001. He was founding director of the Interdisciplinary Program in Law and Religion and served as the Director of the Institute for Policy Research and Catholic Studies from June 2017 to September 2019. He served as a commissioner on the U.S. Commission on Civil Rights from 1983-1989. His legal work includes collaboration with the Peace Research Institute Oslo in a fifteen-year dialogue among Muslim, Christian, and Jewish leaders in the legal, business, and religious fields in the United States and the Middle East as well as efforts promoting the release of political prisoners and prisoners of conscience in the Middle East. He has served as voting rights counsel for the Ohio Secretary of State and has advocated for the first amendment rights of individuals and organizations.
He earned a B.A. from Miami University, Ohio, and a J.D. from the University of California at Berkeley. He is an active member of the Bar in Ohio and California.
The rest of his bio including his publications are available on the Catholic University Faculty page linked here.
Harold Brown Chair; Director, Transnational Threats Project; and Senior Adviser, International Security Program, Center for Strategic and International Studies
Seth G. Jones holds the Harold Brown Chair, is director of the Transnational Threats Project, and is a senior adviser to the International Security Program at the Center for Strategic and International Studies (CSIS). He teaches at Johns Hopkins University’s School of Advanced International Studies (SAIS) and the Center for Homeland Defense and Security (CHDS) at the U.S. Naval Postgraduate School.
Prior to joining CSIS, Dr. Jones was the director of the International Security and Defense Policy Center at the RAND Corporation. He also served as representative for the commander, U.S. Special Operations Command, to the assistant secretary of defense for special operations. Before that, he was a plans officer and adviser to the commanding general, U.S. Special Operations Forces, in Afghanistan (Combined Forces Special Operations Component Command–Afghanistan). In 2014, Dr. Jones served on a congressionally mandated panel that reviewed the FBI’s implementation of counterterrorism recommendations contained in the 9/11 Commission Report.
Dr. Jones specializes in counterterrorism, counterinsurgency, unconventional warfare, and covert action, including a focus on al Qaeda and ISIS. He is the author of A Covert Action: Reagan, the CIA, and the Cold War Struggle in Poland (W.W. Norton, 2018), Waging Insurgent Warfare (Oxford University Press, 2016), Hunting in the Shadows: The Pursuit of al Qa'ida after 9/11 (W.W. Norton, 2012), and In the Graveyard of Empires: America’s War in Afghanistan (W.W. Norton, 2009). Dr. Jones has published articles in a range of journals, such as Foreign Affairs, Foreign Policy, and International Security, as well as newspapers and magazines like the New York Times, Washington Post, and Wall Street Journal. Dr. Jones is a graduate of Bowdoin College and received his M.A. and Ph.D. from the University of Chicago.
Freedom Scholar, Foundation for Defense of Democracies
Dr. Michael Ledeen is freedom scholar at FDD, and is an internationally-renowned scholar on Iran, Iraq, terrorism, and international security, and a world-renowned Italianist and expert on fascism. Ledeen has served as a consultant to the National Security Council and the Departments of State and Defense, and as a special advisor to the Secretary of State.
He is the author of more than 35 books, including Field of Fight: How to Win the War Against Radical Islam and its Allies, co-authored with General Michael T. Flynn (St. Martin’s Press, 2016). His previous books include Accomplice to Evil: Iran and the War Against the West; The War Against the Terror Masters; The Iranian Time Bomb; Tocqueville on American Character; and Freedom Betrayed: How America Led a Global Democratic Revolution, Won the Cold War, and Walked Away.
Ledeen regularly appears on cable news and talk radio programs, blogs at Forbes, The Hill, and PJ Media, and contributes periodically to The Wall Street Journal. Michael holds a PhD in Modern European History and Philosophy from the University of Wisconsin, and has taught at Washington University in St. Louis and the University of Rome.
Senior Fellow, National Security Institute, Antonin Scalia School of Law, George Mason University; Retired Professor, Distinguished Fellow and Co-Founder, Center for National Security Law, University of Virginia School of Law (1987-2020)
Robert F. Turner holds both professional and academic doctorates from the University of Virginia School of Law. He co-founded the Center for National Security Law with Professor John Norton Moore in April 1981 and served as its associate director for 39 years, except for two periods of government service in the 1980s and during 1994-95, when he occupied the Charles H. Stockton Chair of International Law at the U.S. Naval War College in Newport, Rhode Island. He retired from UVA in January 2020 and currently serves as a non-resident senior fellow at the GMU National Security Institute. He also served briefly in 2020 as President of the Crime Prevention Research Center—one of the most respected pro-Second Amendment groups in the country—while its founder, Dr. John Lott, was on leave of absence.
A former Army captain and veteran of two tours in Vietnam, Turner served as a research associate and public affairs fellow at Stanford's Hoover Institution on War, Revolution and Peace before spending five years in the mid-1970s as national security adviser to U.S. Senator Robert P. Griffin, a member of the Senate Foreign Relations Committee (where Turner anticipated by seven years the Supreme Court’s landmark INS v. Chadha decision, striking down legislative vetoes). He also served in the executive branch during the Reagan administration as a member of the Senior Executive Service, first in the Pentagon as special assistant to the undersecretary of defense for policy, then in the White House as counsel to the President's Intelligence Oversight Board, and at the State Department as principal deputy and then acting assistant secretary for legislative affairs. In 1986, he became the first president of the congressionally established United States Institute of Peace.
A former three-term chairman of the ABA Standing Committee on Law and National Security (and for many years editor of the ABA National Security Law Report), Turner also chaired the Executive-Congressional Relations Subcommittee of the ABA Section on International Law and Practice and chaired or co-chaired the National Security Law Subcommittee of the Federalist Society’s International and National Security Law Practice Group for several years.
Turner taught undergraduate courses at Virginia on international law, U.S. foreign policy, the Vietnam War and foreign policy and the law in what is now the Woodrow Wilson Department of Politics. In addition, he co-taught National Security Law and advanced national security law seminars on the Indochina War and on war and peace with Moore at the Law School.
The author or editor of 18 books and monographs (including co-editor of the Center's 1,600-page National Security Law & Policy casebook, National Security Law Documents, and Legal Issues in the Struggle Against Terror) and numerous articles in law reviews and other professional journals, Turner has also contributed articles to most of the major U.S. newspapers, including The New York Times and USA Today. In an op-ed published in The International Herald Tribune in September 1990, he and Moore were the first to call for a war-crimes trial for Iraqi dictator Saddam Hussein and for international controls over Iraq's weapons of mass destruction, and the following month he wrote the lead story in The Washington Post Sunday Outlook Section, “Killing Saddam: Would It Be a Crime?,” arguing that Hussein would be a lawful target during Operation Desert Storm. (His reasoning contributed to the modern legal justification for drone strikes targeting specific terrorist leaders.) Three years before the terrorist attacks of September 11, 2001, Turner published an op-ed in USA Today entitled: “In Self-defense, U.S. Has Right to Kill bin Laden.”
In July 2007, he co-authored an article in The Washington Post with former U.S. Marine Corps Commandant General P.X. Kelley, “War Crimes and the White House,” criticizing the use of unlawful “enhanced interrogation techniques” by the Central Intelligence Agency. On the 40th anniversary of the fall of Saigon he authored an article in The Wall Street Journal, “Saigon’s Fall Still Echoes Today,” noting that after the war ended, Hanoi admitted it had made a decision in 1959 to open the Ho Chi Minh Trail and start sending troops, weapons and supplies into South Vietnam to overthrow its government — just as the United States had charged. In 2010 Turner received the first “person of the year” award from SACEI, a major Vietnamese-American human rights organization.
A frequent lecturer and debater, Turner has spoken at more than 100 law schools around the nation and in other fora — taking on as many as four opponents at a time. His debate opponents have included former or future deans of Yale, Stanford, the University of Chicago and Berkeley law schools. Following a 1987 debate against Dean Harlan Cleveland (Rhodes Scholar, U.S. Ambassador to NATO, and Presidential Medal of Freedom recipient) in which Turner defended the legality of U.S. support for the Nicaraguan contras during the Reagan Administration, the host student debating societies awarded Turner the victory by an 85-to-15 percent margin.
Turner has also written and lectured widely on University of Virginia founder and America’s third president Thomas Jefferson. In 2000-2001 he chaired the Jefferson-Hemings Scholars Commission. In his 2012 book Master of the Mountain, Jefferson critic Henry Wiencek described Turner as “Jefferson’s chief scholarly defender."
A former distinguished lecturer at the U.S. Military Academy at West Point, Turner is a member of the Council on Foreign Relations, the Academy of Political Science, the Committee on the Present Danger, The Heterodox Academy, and other professional organizations. He maintained a 4.0 gpa as a graduate student at Stanford in History and Political Science and in the UVA Department of Government and Foreign Affairs and was the first person admitted directly to the UVA academic law doctorate (SJD) program without first being required to earn an LL.M. master’s degree. He was selected for inclusion in Who’s Who in American Law less than two years after graduating from law school and Who’s Who in the World before he reached the age of 40. Turner has testified before more than a dozen different congressional committees on issues of international or constitutional law and other topics.
Foreign Influence Operations and National Security
Margaret Harker, Park MacDougald, Vincent Vitkowsky
Foreign influence operations have become increasingly important in geopolitical competition and American national security. China...
Current Issues in Church Autonomy Doctrine: Categorical Immunity, Collateral Order Doctrine, and Neutral Principles of Law
Carl H. Esbeck, L. Martin Nussbaum, Eric Rassbach, Hiram Sasser, Brantley Starr
The United States Supreme Court first acknowledged what would become the church autonomy doctrine, also...
The Chinese Government's Record of Human Rights: Marking the June 4th Anniversary of Tiananmen Square
Teng Biao, Jerome A. Cohen, Robert A. Destro
On June 4th, 1989, after several weeks of pro-democracy protests, the Chinese Communist Party (CCP)...
Book Review: A Covert Action: Reagan, the CIA, and the Cold War Struggle in Poland
Seth Jones, Michael Ledeen
In his book, A Covert Action: Reagan, the CIA, and the Cold War Struggle in...
First Principles: Are Judicial and Legislative Oversight of NSA Constitutional?
Robert F. Turner
First Principles: Are Judicial and Legislative Oversight of NSA Constitutional? Robert F. Turner* This issue...