Partner, Morgan, Lewis & Bockius LLP
Michael Edney defends executives and corporations in criminal prosecutions and agency enforcement actions, successfully challenging numerous regulatory agencies—from the Justice Department to the US Securities and Exchange Commission and the US Commodity Futures Trading Commission, among others—against federal government overreach. Many of the regulations Mike has convinced the courts to reverse would have arbitrarily ended hundreds of businesses absent the courts’ intervention. He has also successfully challenged government decisions to break contracts and end projects in cooperation with private industry.
In addition to his criminal defense practice, Mike regularly brings actions challenging government agency regulations as illegal and unconstitutional before they are enforced. He has sued government agencies and reversed their attempted regulations seeking to upend the energy, financial, and tobacco industries.
His civil litigation practice spans beyond anti-regulatory suits. He has brought some of the leading First Amendment cases in the country. On behalf of The Washington Free Beacon, he vindicated the publication’s First Amendment right to access sealed court records before the Arizona Supreme Court. He has defended corporations in bet-the-company litigation concerning securities, environmental, employment, and fair housing. He has represented states at the request of their governors. He has repeatedly served as counsel for former Attorneys General of the United States when they appear as amici curiae before the Supreme Court.
Mike also represents clients on numerous national security matters, including the Classified Information Procedures Act, the Foreign Agent Registration Act, matters before the Committee on Foreign Investment in the United States, government cybersecurity investigations into companies regarded as critical national infrastructure, the handling of classified information by government contractors, and prepublication review of books authored by former government officials for sensitive and classified information.
His private practice draws from a half decade of prior government service. During the administration of former President George W. Bush, he served as deputy legal advisor to the National Security Council at the White House and in the Office of Legal Counsel at the United States Department of Justice, where he helped the administration address many legal issues pertaining to the United States' post-9/11 campaign against terrorism.
Before joining Morgan Lewis, Mike was a litigation partner at another global law firm.
Non-Resident Senior Fellow, Reiss Center on Law and Security at NYU School of Law
Christopher Fonzone is a Non-Resident Senior Fellow at the Reiss Center on Law and Security at NYU School of Law. Fonzone served as the Assistant Attorney General for the Office of Legal Counsel (OLC) at the Department of Justice from 2023 to 2025. OLC, by delegation from the Attorney General, provides written opinions and other legal advice to the President and all executive branch agencies on a wide range of issues, with a focus on matters of particular complexity or importance, including sensitive national security matters.
Fonzone previously held a number of other government roles. From 2021 to 2023, he was the General Counsel of the Office of the Director of National Intelligence. During the Obama Administration, Fonzone was Deputy Assistant and Deputy Counsel to President Obama and the Legal Adviser to the National Security Council (NSC). And earlier in his career, Fonzone was Special Counsel to General Counsel of the Department of Defense and served in career roles at the Department of Justice, both at OLC and on the Civil Division’s Appellate Staff. Fonzone also served as a Member on the J. William Fulbright Foreign Scholarship Board from 2017 to 2019.
Outside of government, Fonzone is currently a Member of Anthropic’s National Security and Public Sector Advisory Council, where he supports the identification and development of AI applications that strengthen U.S. capabilities in key areas and assists in the development of industry-leading standards to promote a “race to the top” for responsible national security AI solutions. He was also the lead national security counsel to the Biden-Harris Transition, and a partner in Sidley Austin’s Privacy and Cybersecurity group, with a practice that focused on a wide range of issues related to information technology and cybersecurity.
Fonzone has lectured and taught classes on national security law at a variety of law schools, and his writing on national security and other legal topics has been published in a variety of forums, including the Washington Post, Newsweek, Lawfare, and Just Security.
Senior Legal Fellow, Courts and the Constitution, Legal Policy Center, The Heritage Foundation
Zack is a Senior Legal Fellow of Courts and the Constitution at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Senior Director, Liberty & National Security Program, Brennan Center for Justice at New York University Law School
Elizabeth (Liza) Goitein is senior director of the Brennan Center for Justice’s Liberty & National Security Program.
Goitein is a nationally-recognized expert on presidential emergency powers, government surveillance, and government secrecy. Her writing has been featured in major newspapers and magazines including the New York Times, Washington Post, Wall Street Journal, USA Today, Los Angeles Times, The Atlantic Magazine, and The New Republic, and she has appeared frequently on MSNBC, CNN, and NPR. She has testified on several occasions before the Senate and House Judiciary Committees.
Before coming to the Brennan Center, Goitein served as counsel to Senator Russ Feingold, chairman of the Constitution Subcommittee of the Senate Judiciary Committee, and as a trial attorney in the Federal Programs Branch of the Civil Division of the Department of Justice. Goitein graduated from Yale Law School and clerked for the Honorable Michael Daly Hawkins on the U.S. Court of Appeals for the Ninth Circuit. In 2021–22, she was a member of the inaugural class of Senior Practitioner Fellows at the University of Chicago’s Center for Effective Government.
Senior Adviser, International Security Program, CSIS
Glenn S. Gerstell served as the general counsel of the National Security Agency (NSA) from 2015 to 2020. A frequent guest commentator on CNN, MSNBC, and NPR, he has written and spoken widely about the intersections of technology and national security, with articles appearing in the New York Times, Washington Post, New Yorker, The Hill, Barron’s, and POLITICO. Prior to joining the NSA, Mr. Gerstell practiced law for almost 40 years at the international law firm of Milbank, LLP, where he focused on the global telecommunications industry and was the managing partner of the firm's Washington, D.C., Singapore, and Hong Kong offices. Mr. Gerstell served on the President's National Infrastructure Advisory Council, the Future of Encryption Committee for the National Academies of Sciences, Engineering and Medicine, and the District of Columbia Homeland Security Commission. A graduate of New York University and the Columbia University School of Law, Mr. Gerstell is an elected member of the American Academy of Diplomacy and a member of the Council on Foreign Relations. Earlier in his career, he was an adjunct law professor at the Georgetown University Law Center and New York Law School. He is a recipient of the National Intelligence Distinguished Service Medal, the Secretary of Defense Medal for Exceptional Civilian Service, and the NSA Distinguished Civilian Service Medal.
Off the Record? The Constitutionality of the Presidential Records Act
Michael J. Edney, Christopher Fonzone, Zack Smith
For nearly fifty years, the Presidential Records Act has governed the preservation, ownership, and eventual...
Reforming Section 702: Should the FBI require a warrant to search its database for the communications of US persons?
Elizabeth Goitein, Glenn Gerstell
Section 702 of the Foreign Intelligence Surveillance Act (FISA) allows the government to collect non-content metadata from communications service providers. Advocates for renewal, including members of the US intelligence community, argue that it is a critical tool for national security and failure to renew it will leave the nation vulnerable. Critics claim Section 702 creates a loophole that allows for the collection of personal information without a warrant. In this Briefcase, two experts, Glenn Gerstell and Liza Goitein, debate a key issue of reform, whether the FBI should require a warrant to search its database for the communications of US persons.