Patriot Act

Kenneth L. Wainstein

Partner, Davis Polk & Wardwell LLP

Biography

Kenneth Wainstein is a partner at Davis Polk & Wardwell, where he focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. Ken spent over 20 years in a variety of law enforcement and national security positions in the government. Between 1989 and 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled criminal prosecutions ranging from public corruption to gang prosecution cases and held a variety of supervisory positions, including Acting United States Attorney. In 2001, he was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys’ Offices. Between 2002 and 2004, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller III. In 2004, Ken was appointed and then confirmed as United States Attorney for the District of Columbia, where he had the privilege to lead the largest United States Attorney’s Office in the country. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ’s law enforcement and intelligence activities on counterterrorism and counterintelligence matters. In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.

Adam R. Pearlman

Managing Director, Lexpat Global Services

Biography

Adam R. Pearlman is the Founder and Managing Director of Lexpat Global Services, an international law and consulting services firm specializing in security, defense, investigations, compliance, and training. A Special Advisor to and member of the Executive Committee of the Federalist Society’s International and National Security Law Practice Group, he is National Security Law expert and a proven senior leader with more than fifteen years of experience across the U.S. Departments of Justice, Defense, and State, in the White House, and with the U.S. Federal Judiciary.

Most recently, he served as the Senior Advisor for Legal Policy in the State Department’s Bureau of Counterterrorism, where he counseled senior officials on matters covering the entire spectrum of programs and operations to counter terrorism and violent extremism. While participating in sensitive diplomatic engagements and helping to coordinate military operations, he also advised in the development of sanctions policy and initiatives to build legal and operational capacity in partner nations. Mr. Pearlman also managed the Bureau’s participation in federal litigation and led U.S. delegations in multilateral forums concerning criminal justice and rule of law.

A former Associate Deputy General Counsel of the Department of Defense, Mr. Pearlman was agency counsel for complex civil and criminal national security matters in federal and military courts, and led the Supreme Court and appellate unit of the team dedicated to litigating classified counterterrorism cases. His earlier service in the Department of Justice spanned four litigating divisions and the Office of the Deputy Attorney General. His diverse experience included reviewing complex international transactions and mergers, and advising on immigration removal proceedings, human rights abuses, and terrorist financing investigations. Mr. Pearlman also served with distinction in Iraq as an early advisor to the Iraqi High Tribunal’s prosecution of Saddam Hussein. He was a law clerk for The Honorable Royce C. Lamberth, and during law school interned in the White House Counsel’s Office.

Mr. Pearlman is a Term Member of the Council on Foreign Relations, a Visiting Fellow at the National Security Institute at George Mason University’s Antonin Scalia Law School, a member of the American Bar Association’s Africa Law Initiative Council, and a member of the Center for Strategic & International Studies’ Project on Nuclear Issues. He is a former National Security Fellow at the Foundation for Defense of Democracies, vice chairman of the ABA Section of International Law’s committees on national security, and aerospace and defense, and also previously served as a liaison to the Board of Directors of the ABA’s Rule of Law Initiative. He has been co-editor of the U.S. Intelligence Community Law Sourcebook since 2011 and has published articles in the Harvard National Security Journal, Stanford Law & Policy Review, and Intelligence & National Security.

Mr. Pearlman earned his B.A., with honors, from UCLA, and his J.D., with honors, from The George Washington University Law School, where he was a member of the International Law Review. He also earned a Master of Science of Strategic Intelligence degree from the National Intelligence University, where he was the inaugural recipient of the Kornblum Award for national security law and ethics. Mr. Pearlman speaks and reads Portuguese at the intermediate level and holds certificates in international human rights law from the University of Oxford and in U.S. and international anti-corruption law from American University’s Washington College of Law. He is admitted to the State Bars of California and Virginia, as well as to the Bar of the United States Supreme Court.

Kenneth L. Wainstein

Partner, Davis Polk & Wardwell LLP

Biography

Kenneth Wainstein is a partner at Davis Polk & Wardwell, where he focuses his practice on corporate internal investigations and civil and criminal enforcement proceedings. Ken spent over 20 years in a variety of law enforcement and national security positions in the government. Between 1989 and 2001, Ken served as an Assistant U.S. Attorney in both the Southern District of New York and the District of Columbia, where he handled criminal prosecutions ranging from public corruption to gang prosecution cases and held a variety of supervisory positions, including Acting United States Attorney. In 2001, he was appointed Director of the Executive Office for U.S. Attorneys, where he provided oversight and support to the 94 U.S. Attorneys’ Offices. Between 2002 and 2004, Ken served as General Counsel of the Federal Bureau of Investigation and then as Chief of Staff to Director Robert S. Mueller III. In 2004, Ken was appointed and then confirmed as United States Attorney for the District of Columbia, where he had the privilege to lead the largest United States Attorney’s Office in the country. In 2006, the U.S. Senate confirmed Ken as the first Assistant Attorney General for National Security. In that position, Ken established and led the new National Security Division, which consolidated DOJ’s law enforcement and intelligence activities on counterterrorism and counterintelligence matters. In 2008, after 19 years at the Justice Department, Ken was named Homeland Security Advisor by President George W. Bush. In this capacity, he coordinated the nation’s counterterrorism, homeland security, infrastructure protection, and disaster response and recovery efforts. He advised the President, convened and chaired meetings of the Cabinet Officers on the Homeland Security Council, and oversaw the inter-agency coordination process for homeland security and counterterrorism programs.

Robert F. Turner

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)

Biography

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 17 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.

Nathan A. Sales

Founder and Principal, Fillmore Global Strategies LLC

Biography

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.