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.
Shareholder, Kirton McConkie
Christopher Bates is co-chair of the firm’s Appellate section and a member of the Litigation and First Amendment and Religious Organizations sections. His practice focuses on appeals and critical motions in complex cases. He has argued dozens of cases in courts across the country, including the Utah Supreme Court, Utah Court of Appeals, and eleven of the thirteen federal circuits. He has also handled a variety of dispositive motions in both state and federal court. Chris’s subject matter experience includes a range of constitutional, regulatory, and commercial issues.
Chris has significant experience in senior positions in both state and federal government. Before joining Kirton McConkie, Chris served as deputy solicitor general for Utah. In that position, he managed complex ligation for the state on a range of topics and routinely appeared in both appellate and trial courts. He also led the state’s amicus efforts in the U.S. Supreme Court and federal courts of appeals. Prior to that, Chris served as senior counsel to the Assistant Attorney General for the Civil Division at the U.S. Department of Justice, where he defended agency rulemakings and other administrative actions against statutory and constitutional challenges.
Earlier in his career, Chris was chief counsel to U.S. Senator Orrin G. Hatch on the Senate Judiciary Committee. In that role, he served as Senator Hatch’s chief legal advisor on intellectual property, antitrust, and criminal law. He led introduction and passage of several key pieces of legislation and staffed the senator at two Supreme Court confirmation hearings. He brings this legislative experience to bear in analyzing complex statutes and building coalitions in multiparty litigation.
Chris began his career by serving as a law clerk to Judge Thomas B. Griffith on the U.S. Court of Appeals for the D.C. Circuit. He was then a litigation associate in Sidley Austin’s Supreme Court and Appellate Practice in Washington, DC. He has also taught college-level courses on constitutional law and legal studies.
Principal, Spero Law LLC
Christopher Mills is the founder of Spero Law LLC. He was previously a partner at a national law firm and a Constitutional Law Fellow at the Becket Fund for Religious Liberty. He served as a law clerk to Justice Clarence Thomas on the U.S. Supreme Court during October Term 2018. He also clerked for the Honorable David B. Sentelle, then-Chief Judge of the U.S. Court of Appeals for the D.C. Circuit. He has authored briefs and motions in the Supreme Court, courts of appeals, and trial courts, and successfully argued before the D.C. Circuit. He has served as special counsel to South Carolina Governor Henry McMaster, and is an Adjunct Professor at the Charleston School of Law.
A 2012 magna cum laude graduate of Harvard Law School, Christopher was a senior editor of the Harvard Law Review, an editor of the Harvard Journal of Law and Public Policy, and served on the Executive Board of the Harvard Federalist Society. In 2009, he graduated Phi Beta Kappa and summa cum laude with a degree in economics from Furman University.
Christopher lives in Charleston, South Carolina with his wife, children, and golden retriever.
Attorney, Texas Public Policy Foundation
Eric Heigis is an attorney with the Texas Public Policy Foundation’s litigation arm, the Center for the American Future. He litigates cases involving administrative law, individual rights, and structural limits on government power. Prior to joining the Foundation, he served in various roles on Capitol Hill, including as an intern for Senator Ted Cruz, Legislative Assistant for Representative Dave Brat, Legislative Director for Representative Mark Meadows, and General Counsel for Senator Ted Budd. In his eight years working for Congress he covered nearly every policy area and drafted dozens of legislative proposals—several of which became law.
Eric received his B.A. from American University and J.D., magna cum laude, from the Georgetown University Law Center. He was selected as a Bradley Scholar at the Georgetown Center for the Constitution and served as Executive Editor of the Georgetown Journal of Law and Public Policy. He is licensed to practice law in California and Virginia. He is admitted to practice before all federal district courts in Texas and the Courts of Appeals for the Fifth, Ninth, Eleventh, and D.C. Circuits.
Eric is a pilot and certificated flight instructor, and in his free time he enjoys finding new fly-in destinations to visit with his wife. He also volunteers with the Experimental Aircraft Association’s Young Eagles program and is a Captain in the Civil Air Patrol.
Deputy Solicitor General, Office of the Attorney General of Iowa
Patrick C. Valencia serves as Iowa’s Deputy Solicitor General in the Iowa Attorney General’s Office. In this role, he helps marshal Iowa’s appellate docket, and briefs and argues cases, before state and federal appellate courts, including the Iowa and U.S. Supreme Courts.
Before moving to Iowa, Patrick worked on appeals across all levels of state and federal courts, including the U.S. Supreme Court, as a senior associate in the Supreme Court and Appellate practice group at Hogan Lovells in Washington, D.C. Patrick has worked on cases involving a wide range of issues, including constitutional law, civil procedure, civil rights, employment law, and complex commercial litigation, across a variety of industries, including the automotive, energy, health care, and technology industries. Patrick has also served as appellate counsel in federal district courts, including on several antitrust cases.
Before Hogan Lovells, Patrick clerked for the Honorables Roger W. Titus and Paul W. Grimm of the U.S. District Court for the District of Maryland, and then for the Honorable Steven M. Colloton of the U.S. Court of Appeals for the Eighth Circuit.
Patrick graduated Order of the Coif with high honors from the George Washington University Law School. Patrick completed his undergraduate degree at the University of Notre Dame, where he studied political science and Irish history.
Professor Emeritus of Political Science and Professor Emeritus of Public Policy, Univ. of Maryland Baltimore County
George R. La Noue is Professor Emeritus of Political Science and Professor Emeritus of Public Policy at the University of Maryland Baltimore County. He has served as a trial expert in twenty cases involving public procurement preferences. For thirty years, he was Director of the Project on Civil Rights and Public Contracts at UMBC which recently contributed 289 public contracting disparity studies to the Library of Congress. He has been a consultant to nine governments and trial expert in thirty cases where the validity of disparity studies was at issue.
Prof. La Noue can be reached by email at glanoue@umbc.edu.
Director, Project on Criminal Justice, Cato Institute
Matthew Cavedon is the Director of the Cato Institute’s Project on Criminal Justice. He focuses on reforming plea-driven mass adjudication, ensuring police accountability, and defending constitutional criminal originalism. Cavedon’s scholarship has been published (or is forthcoming in) publications including the Arizona State Law Journal, Cato Supreme Court Review, Seattle University Law Review, and Georgetown Journal of Law and Public Policy. Formerly a Georgia public defender and fellow at the Institute for Justice, Cavedon has taught law school courses on criminal law and procedure, as well as the First Amendment. Cavedon clerked for a U.S. district court and the Supreme Court of Georgia. He came to Cato following a fellowship at the Emory University Center for the Study of Law and Religion.
Assistant Attorney General & Senior Trial Counsel to the Criminal Bureau, Massachusetts Attorney General
Attorney, Competitive Enterprise Institute
Devin Watkins is an attorney at the Competitive Enterprise Institute. Devin Watkins previously worked at the Cato Institute as a legal associate and interned at the Institute for Justice. At the Cato Institute, Watkins worked on a variety of Supreme Court cases, and one of the briefs he worked on was cited by the Court. His op-eds have appeared in National Review Online, The Hill, Time, and The Federalist among others.
Watkins holds a Juris Doctor cum laude from George Mason University's Antonin Scalia Law School, where he was the development editor on the Mason Law Review. Prior to his legal career Watkins was a senior software developer at Intel and WebMD. He graduated with a Bachelor of Science in Computer Science from Stevens Institute of Technology in Hoboken, New Jersey.
Watkins is a member of the Virginia State Bar, the District of Columbia Bar, the U.S. District Court for the District of Columbia Bar, and the U.S. Court of Appeals for the District of Columbia Circuit Bar.
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
Courthouse Steps Oral Argument: First Choice Women’s Resource Centers, Inc. v. Platkin
Christopher Bates, Christopher E. Mills
In First Choice Women’s Resource Centers, Inc. v. Platkin, the New Jersey Attorney General, Matthew...
Separation of Powers and Prisoner Execution in Texas
Eric Heigis
On November 15, 2024, the Texas Supreme Court issued a unanimous decision in In re...
Iowa’s Constitution Provides a Legislative Privilege Despite Lacking a Speech or Debate Clause
Patrick C. Valencia
A civil rights organization, the League of United Latin American Citizens of Iowa (LULAC),...
Congressional Subpoena Power and the Bannon Trial
Stanford Student Chapter
Stanford, CAUnited States v. Zubaydah - Post-Argument SCOTUScast
Kate Comerford Todd
On October 6th, the Court heard oral argument in United States v. Zubaydah, a case...
Public Contracting Litigation After Croson: Data, Disparities, & Discrimination
George R. La Noue
What causes racial disparities, and what, if anything, can and should be done to remedy...
Supreme Court Criminal Law Roundup: A Look Back and a Look Ahead
Matthew P. Cavedon, Dean A. Mazzone
Join Dean Mazzone and Matt Cavedon for a discussion of major criminal cases at the...
Courthouse Steps Decision: Trump v. Mazars USA and Trump v. Vance
Devin Watkins
May grand juries or congressional oversight committees obtain the personal tax records and other financial...