Newton D. Baker-Baker & Hostetler Chair in Law, Moritz College of Law, The Ohio State University
Professor Douglas A. Berman is Newton D. Baker-Baker & Hostetler Chair in Law and Executive Director of the Drug Enforcement and Policy Center, housed in the Moritz College of Law. Berman’s principal teaching and research focus is in the area of criminal law and criminal sentencing, though he also has teaching and practice experience in the fields of legislation and intellectual property. He has taught Criminal Law, Criminal Punishment and Sentencing, Criminal Procedure – Investigation, Marijuana Law, Policy & Reform Seminar, Federal and State Clemency Decision-making, The Death Penalty, Legislation, Introduction to Intellectual Property, Second Amendment Seminar, and the Legislation Clinic.
Professor Berman attended Princeton University and Harvard Law School. In law school, he was an editor and developments office chair of the Harvard Law Review and also served as a teaching assistant for a Harvard University philosophy course. After graduation from law school in 1993, Professor Berman served as a law clerk for Judge Jon O. Newman and then for Judge Guido Calabresi, both on the United States Court of Appeals for the Second Circuit. After clerking, Professor Berman was a litigation associate at the law firm of Paul, Weiss, Rifkind, Wharton, and Garrison in New York City.
Professor Berman is the co-author of two casebooks. Sentencing Law and Policy: Cases, Statutes and Guidelines, published by Aspen Publishers, is now in its fifth edition. Marijuana Law and Policy was released by Carolina Academic Press in 2020. In addition to authoring numerous articles on topics ranging from capital punishment to the federal sentencing guidelines, Professor Berman has served as a managing editor of the Federal Sentencing Reporter for more than twenty five years, and also serves as an editor of the Ohio State Journal of Criminal Law.
Professor Berman is the sole creator and author of the widely-read and widely-cited blog, Sentencing Law and Policy. The blog often receives nearly 50,000 page views per month (and had over 20,000 hits the day of the Supreme Court’s major sentencing decision in United States v. Booker). Professor Berman’s work on the Sentencing Law and Policy blog, which he describes as a form of “scholarship in action,” has been profiled or discussed at length in articles appearing in the Wall Street Journal, Legal Affairs magazine, Lawyers Weekly USA, Legal Times, Columbus Monthly, and in numerous other print and online publications.
In addition, Sentencing Law and Policy has the distinction of being the first blog cited by the U.S. Supreme Court (for a document appearing exclusively on the site), and substantive analysis in particular blog posts has been cited in numerous appellate and district court rulings, in many briefs submitted to federal and state courts around the country, and in hundreds of law review articles.
Professor Berman is a member of the Council on Criminal Justice and frequently is consulted by national and state policymakers, sentencing commissioners, and public policy groups concerning sentencing law and policy reforms. He has testified before the U.S. House of Representatives and before numerous sentencing commissions. He also is frequently contacted by national and local media concerning sentencing and marijuana reform developments.
Professor Berman has appeared on national television, radio and podcast news programs and has been extensively quoted in newspaper articles appearing in nearly every major national paper and many local papers, including The New York Times, The Washington Post, The Wall Street Journal, Legal Times, and in pieces from the Associated Press, Reuters, and Knight-Ridder news services.
Professor Berman sometimes serves as a consultant to lawyers working on important or interesting sentencing cases. In most instances, Professor Berman’s consulting has been on an ad hoc and pro bono basis, and it usually involves a quick review of draft briefs and other court filings and then providing general advice on litigation strategies. On some occasions, however, Professor Berman has been formally retained to play a more sustained role in certain cases, including being retained by law firms to provide consulting service on various cutting-edge federal sentencing issues.
Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law, The University of Utah College of Law
Paul G. Cassell is an internationally recognized legal scholar on criminal and civil justice, crime victims' rights, constitutional law, evidence, judicial process, and other legal issues. Cassell received a B.A. (1981) and a J.D. (1984) from Stanford University, where he graduated Order of the Coif and was President of the Stanford Law Review. He clerked for then-Judge Antonin Scalia when Scalia was on the U.S. Court of Appeals for the D.C. Circuit (1984-85) and for Chief Justice Warren Burger of the United States Supreme Court (1985-86). Cassell then served as an Associate Deputy Attorney General with the U.S. Justice Department (1986-88) and as an Assistant U.S. Attorney for the Eastern District of Virginia (1988 to 1991). Cassell joined the faculty at the College of Law in 1992, where he taught full-time until he was sworn in as a U.S. District Court Judge for the District of Utah in July 2002. In November 2007, he resigned his judgeship to return full-time to the College of Law to teach, write, and litigate concerning issues relating to crime victims' rights and criminal and civil justice reform. Professor Cassell has also published numerous law review articles in journals such as the Stanford Law Review, the Michigan Law Review, the Harvard Journal of Law and Public Policy, and the Journal of Criminal Law and Criminology. He is a co-author of the nation's only law school textbook on crime victims' rights, Victims in Criminal Procedure (various editions, most recently in its fifth edition published in 2025). Professor Cassell has argued pro bono cases relating to criminal procedure and crime victims' rights before the United States Supreme Court, the 2nd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and D.C. Circuits (including the 5th and 11th Circuits en banc), several U.S. District Courts, the Utah Supreme Court, and the Arizona Supreme Court. In 2020, Cassell received the Ronald Wilson Reagan Public Policy Award - National Crime Victims' Service Award from the U.S. Department of Justice. Cassell is a member of the American Law Institute, a fellow of the American Bar Foundation, and an inaugural member of the Council on Criminal Justice. He is also an occasional blogger at The Volokh Conspiracy.
Interim Dean, Florida International University College of Law
Dan Epstein was Vice President at America First Legal and an Associate Professor of Law at St. Thomas University in Miami, Florida. He also advises individuals and small businesses in affirmative and defensive actions against government overreach. Previously, he advised startups on regulatory matters as Director at a venture capital firm. His federal service includes being a Special Assistant to and Senior Associate Counsel to the President and a counsel for the House of Representatives Committee on Oversight and Government Reform. Earlier in his career, Mr. Epstein founded and ran Cause of Action, where he represented clients in government investigations and litigated regulatory, constitutional, political, and public law matters.
He holds a Ph.D. from George Washington University in Political Economy, a J.D. from Emory University School of Law, and a B.A. from Kenyon College. He is active in the Palm Beach community as a member of the Fourth Court of Appeals Judicial Nominating Commission in Florida, a transition team member to Florida Attorney General James Uthmeier, and the Chairman and Trustee of Palm Beach State College.
Deputy Secretary of Transportation, US Department of Transportation
Steven G. Bradbury was sworn in as the Deputy Secretary of Transportation on March 13, 2025, following his confirmation by the U.S. Senate on March 11, 2025. In this role, he oversees the Department’s operating administrations and spearheads initiatives to ensure a safe, efficient, and modern transportation system that strengthens economic productivity and global competitiveness. Deputy Secretary Bradbury also assists Secretary Duffy in managing the Department’s activities, including its workforce of over 58,000 employees and an annual budget exceeding $109 billion.
Bradbury previously served as the 23rd General Counsel of the Department of Transportation from 2017 to 2021, as the Acting Deputy Secretary from 2019, and as Acting Secretary of Transportation in 2021. As General Counsel, he was the chief legal officer, advising on all legal matters and ensuring the integrity and compliance of the Department’s policies and programs.
Before rejoining DOT, Bradbury was a Distinguished Fellow at The Heritage Foundation from December 2022 to March 2025. He has extensive experience in the public and private sector, having served as Principal Deputy and Acting Assistant Attorney General at the U.S. Department of Justice and as a partner at Kirkland & Ellis LLP and Dechert LLP. Earlier in his career, he clerked for Justice Clarence Thomas and Judge James L. Buckley.
Bradbury holds a J.D., magna cum laude, from the University of Michigan Law School and a B.A. in English from Stanford University.
Nonresident Senior Fellow, American Enterprise Institute
Jim Harper is a nonresident senior fellow at the American Enterprise Institute (AEI), where he focuses on privacy issues, and select legal and constitutional law issues.
A lawyer by training, Mr. Harper has served as counsel for the Subcommittee on Commercial, and Administrative Law of the US House Committee on the Judiciary and as counsel for the Senate Committee on Government Affairs. More recently, he worked at the Competitive Enterprise Institute and the Cato Institute, where he wrote on the intersection of business, technology, and public policy, including privacy, surveillance, data security, telecommunications, and cryptocurrencies. He also served as global policy counsel for the Bitcoin Foundation. Mr. Harper was a founding member of the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee. Early in his post-Hill career, he represented companies such as PayPal and Verisign before Congress.
Mr. Harper is the co-editor of “Terrorizing Ourselves: Why U.S. Counterterrorism Policy Is Failing and How to Fix It” (Cato Institute, 2010) and the author of “Identity Crisis: How Identification Is Overused and Misunderstood” (Cato Institute, 2006). He has written several amicus briefs in Fourth Amendment cases before the U.S. Supreme Court and has published scholarly articles in a variety of law journals. In the popular press, Mr. Harper has been published in The New York Times and The Wall Street Journal, among many other publications.
Mr. Harper has a law degree from the U.C. Hastings College of the Law, where he was editor-in-chief of the Hastings Constitutional Law Quarterly, and a BA from the University of California, Santa Barbara.
Senior Fellow, Center for American Progress
Kate Martin is a Senior Fellow at American Progress where she works on issues at the intersection of national security, civil liberties, and human rights. The New York Times’ Taking Note blog described her as “an expert on surveillance and detention, and a leading advocate for the rule of law in the so-called ‘war on terror.’” Before coming to American Progress, Ms. Martin served as director of the Center for National Security Studies for more than 20 years. She frequently testifies before Congress on national security and civil liberties issues. She is also a frequent commentator in the national media and has written extensively on these issues for the past 25 years. At the Center for National Security Studies, Martin brought lawsuits that challenged government deprivations of civil liberties. She has taught national security law and served as general counsel to the National Security Archive.
Ms. Martin is a graduate of the University of Virginia School of Law and Pomona College. Before joining the public interest world, she served as a partner at the law firm of Nussbaum, Owen & Webster.
Founder and Principal, Fillmore Global Strategies LLC
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.
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.
Senior Fellow, Governance Studies, The Brookings Institution
Benjamin Wittes is a senior fellow in Governance Studies at The Brookings Institution. He co-founded and is the editor-in-chief of the Lawfare blog, which is devoted to sober and serious discussion of "Hard National Security Choices," and is a member of the Hoover Institution's Task Force on National Security and Law. He is the author of Detention and Denial: The Case for Candor After Guantanamo, published in November 2011, co-editor of Constitution 3.0: Freedom and Technological Change, published in December 2011, and editor of Campaign 2012: Twelve Independent Ideas for Improving American Public Policy (Brookings Institution Press, May 2012). He is also writing a book on data and technology proliferation and their implications for security. He is the author of Law and the Long War: The Future of Justice in the Age of Terror, published in June 2008 by The Penguin Press, and the editor of the 2009 Brookings book, Legislating the War on Terror: An Agenda for Reform.
His previous books include Starr: A Reassessment, published in 2002 by Yale University Press, and Confirmation Wars: Preserving Independent Courts in Angry Times, published in 2006 by Rowman & Littlefield and the Hoover Institution.
Between 1997 and 2006, he served as an editorial writer for The Washington Post specializing in legal affairs. Before joining the editorial page staff of The Washington Post, Wittes covered the Justice Department and federal regulatory agencies as a reporter and news editor at Legal Times. His writing has also appeared in a wide range of journals and magazines including The Atlantic, Slate, The New Republic, The Wilson Quarterly, The Weekly Standard, Policy Review, and First Things.
Benjamin Wittes was born in Boston, Massachusetts. He graduated from Oberlin College in 1990, and he has a black belt in taekwondo.
Deputy Secretary of Transportation, US Department of Transportation
Steven G. Bradbury was sworn in as the Deputy Secretary of Transportation on March 13, 2025, following his confirmation by the U.S. Senate on March 11, 2025. In this role, he oversees the Department’s operating administrations and spearheads initiatives to ensure a safe, efficient, and modern transportation system that strengthens economic productivity and global competitiveness. Deputy Secretary Bradbury also assists Secretary Duffy in managing the Department’s activities, including its workforce of over 58,000 employees and an annual budget exceeding $109 billion.
Bradbury previously served as the 23rd General Counsel of the Department of Transportation from 2017 to 2021, as the Acting Deputy Secretary from 2019, and as Acting Secretary of Transportation in 2021. As General Counsel, he was the chief legal officer, advising on all legal matters and ensuring the integrity and compliance of the Department’s policies and programs.
Before rejoining DOT, Bradbury was a Distinguished Fellow at The Heritage Foundation from December 2022 to March 2025. He has extensive experience in the public and private sector, having served as Principal Deputy and Acting Assistant Attorney General at the U.S. Department of Justice and as a partner at Kirkland & Ellis LLP and Dechert LLP. Earlier in his career, he clerked for Justice Clarence Thomas and Judge James L. Buckley.
Bradbury holds a J.D., magna cum laude, from the University of Michigan Law School and a B.A. in English from Stanford University.
Nonresident Senior Fellow, American Enterprise Institute
Jim Harper is a nonresident senior fellow at the American Enterprise Institute (AEI), where he focuses on privacy issues, and select legal and constitutional law issues.
A lawyer by training, Mr. Harper has served as counsel for the Subcommittee on Commercial, and Administrative Law of the US House Committee on the Judiciary and as counsel for the Senate Committee on Government Affairs. More recently, he worked at the Competitive Enterprise Institute and the Cato Institute, where he wrote on the intersection of business, technology, and public policy, including privacy, surveillance, data security, telecommunications, and cryptocurrencies. He also served as global policy counsel for the Bitcoin Foundation. Mr. Harper was a founding member of the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee. Early in his post-Hill career, he represented companies such as PayPal and Verisign before Congress.
Mr. Harper is the co-editor of “Terrorizing Ourselves: Why U.S. Counterterrorism Policy Is Failing and How to Fix It” (Cato Institute, 2010) and the author of “Identity Crisis: How Identification Is Overused and Misunderstood” (Cato Institute, 2006). He has written several amicus briefs in Fourth Amendment cases before the U.S. Supreme Court and has published scholarly articles in a variety of law journals. In the popular press, Mr. Harper has been published in The New York Times and The Wall Street Journal, among many other publications.
Mr. Harper has a law degree from the U.C. Hastings College of the Law, where he was editor-in-chief of the Hastings Constitutional Law Quarterly, and a BA from the University of California, Santa Barbara.
Senior Fellow, Center for American Progress
Kate Martin is a Senior Fellow at American Progress where she works on issues at the intersection of national security, civil liberties, and human rights. The New York Times’ Taking Note blog described her as “an expert on surveillance and detention, and a leading advocate for the rule of law in the so-called ‘war on terror.’” Before coming to American Progress, Ms. Martin served as director of the Center for National Security Studies for more than 20 years. She frequently testifies before Congress on national security and civil liberties issues. She is also a frequent commentator in the national media and has written extensively on these issues for the past 25 years. At the Center for National Security Studies, Martin brought lawsuits that challenged government deprivations of civil liberties. She has taught national security law and served as general counsel to the National Security Archive.
Ms. Martin is a graduate of the University of Virginia School of Law and Pomona College. Before joining the public interest world, she served as a partner at the law firm of Nussbaum, Owen & Webster.
Founder and Principal, Fillmore Global Strategies LLC
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.
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.
Senior Fellow, Governance Studies, The Brookings Institution
Benjamin Wittes is a senior fellow in Governance Studies at The Brookings Institution. He co-founded and is the editor-in-chief of the Lawfare blog, which is devoted to sober and serious discussion of "Hard National Security Choices," and is a member of the Hoover Institution's Task Force on National Security and Law. He is the author of Detention and Denial: The Case for Candor After Guantanamo, published in November 2011, co-editor of Constitution 3.0: Freedom and Technological Change, published in December 2011, and editor of Campaign 2012: Twelve Independent Ideas for Improving American Public Policy (Brookings Institution Press, May 2012). He is also writing a book on data and technology proliferation and their implications for security. He is the author of Law and the Long War: The Future of Justice in the Age of Terror, published in June 2008 by The Penguin Press, and the editor of the 2009 Brookings book, Legislating the War on Terror: An Agenda for Reform.
His previous books include Starr: A Reassessment, published in 2002 by Yale University Press, and Confirmation Wars: Preserving Independent Courts in Angry Times, published in 2006 by Rowman & Littlefield and the Hoover Institution.
Between 1997 and 2006, he served as an editorial writer for The Washington Post specializing in legal affairs. Before joining the editorial page staff of The Washington Post, Wittes covered the Justice Department and federal regulatory agencies as a reporter and news editor at Legal Times. His writing has also appeared in a wide range of journals and magazines including The Atlantic, Slate, The New Republic, The Wilson Quarterly, The Weekly Standard, Policy Review, and First Things.
Benjamin Wittes was born in Boston, Massachusetts. He graduated from Oberlin College in 1990, and he has a black belt in taekwondo.
Senior Policy Counsel and Deputy Director, Project on Freedom, S, the Center for Democracy and Technology
Harley Geiger is Senior Counsel and Deputy Director of the Freedom, Security and Surveillance Project at the Center for Democracy & Technology (CDT). Mr. Geiger works on issues related to civil liberties and government surveillance, computer crime, and cybersecurity.
From 2012-2014, Mr. Geiger served as Senior Legislative Counsel for U.S. Representative Zoe Lofgren of California. There he was the lead staffer for technology and Internet issues, and was instrumental in helping develop Rep. Lofgren’s Internet freedom agenda, including legislation to reform the Foreign Intelligence Surveillance Act, ECPA, the Computer Fraud and Abuse Act, and copyright laws.
From 2008-2012, Mr. Geiger worked at CDT as Staff Attorney and Senior Policy Counsel, focusing on surveillance, consumer privacy, health information technology, and data security. Prior to working at CDT, Mr. Geiger clerked with the Bureau of Consumer Protection at the Federal Trade Commission, where he worked on information security public awareness campaigns. In 2007, Mr. Geiger clerked with the Electronic Privacy Information Center, where he worked on health privacy, telephone network security, employee verification, and human rights issues. In 2006, he clerked with the Minority Leader of the Missouri House of Representatives, where he testified before a Missouri Senate Committee on technology policy.
Mr. Geiger earned a BA in Journalism, MA in Journalism, and JD from the University of Missouri – Columbia. He is CIPP/US certified and Politico named him one of the Emerging Tech Leaders of 2013.
Professor of Law, Roger Williams University School of Law
As an expert in National Security Law, Professor Peter Margulies focuses on the delicate balance between liberty, equality, and security in issues involving law and terrorism. Professor Margulies has written almost a dozen articles discussing the War on Terror. He currently works with RWU Law Professor Jared Goldstein, along with litigators from the law firm Edwards Angell Palmer & Dodge, in representing two Afghan detainees. Professor Margulies led a national conference entitled “Legal Dilemmas in A Dangerous World: Law, Terrorism and National Security” held at RWU.
Professor Margulies also has an extensive background in immigration law and has represented Haitian refugees and conducted outreach to community legal service providers.
Peter Marguiles teaches Immigration Law, National Security Law and Professional Responsibility. He has filed amicus briefs in high-visibility cases with the U.S. Supreme Court and has been frequently cited in the New York Times, the National Law Journal and other media outlets.
Senior Fellow, Cato Institute
Julian Sanchez is a senior fellow at the Cato Institute and studies issues at the busy intersection of technology, privacy, and civil liberties, with a particular focus on national security and intelligence surveillance. Before joining Cato, Sanchez served as the Washington editor for the technology news site Ars Technica, where he covered surveillance, intellectual property, and telecom policy. He has also worked as a writer for The Economist’s blog Democracy in America and as an editor for Reason magazine, where he remains a contributing editor.
Sanchez has written on privacy and technology for a wide array of national publications, ranging from the National Review to The Nation, and is a founding editor of the policy blog Just Security. He studied philosophy and political science at New York University.
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.
Partner, Davis Polk & Wardwell LLP
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.
Senior Policy Counsel and Deputy Director, Project on Freedom, S, the Center for Democracy and Technology
Harley Geiger is Senior Counsel and Deputy Director of the Freedom, Security and Surveillance Project at the Center for Democracy & Technology (CDT). Mr. Geiger works on issues related to civil liberties and government surveillance, computer crime, and cybersecurity.
From 2012-2014, Mr. Geiger served as Senior Legislative Counsel for U.S. Representative Zoe Lofgren of California. There he was the lead staffer for technology and Internet issues, and was instrumental in helping develop Rep. Lofgren’s Internet freedom agenda, including legislation to reform the Foreign Intelligence Surveillance Act, ECPA, the Computer Fraud and Abuse Act, and copyright laws.
From 2008-2012, Mr. Geiger worked at CDT as Staff Attorney and Senior Policy Counsel, focusing on surveillance, consumer privacy, health information technology, and data security. Prior to working at CDT, Mr. Geiger clerked with the Bureau of Consumer Protection at the Federal Trade Commission, where he worked on information security public awareness campaigns. In 2007, Mr. Geiger clerked with the Electronic Privacy Information Center, where he worked on health privacy, telephone network security, employee verification, and human rights issues. In 2006, he clerked with the Minority Leader of the Missouri House of Representatives, where he testified before a Missouri Senate Committee on technology policy.
Mr. Geiger earned a BA in Journalism, MA in Journalism, and JD from the University of Missouri – Columbia. He is CIPP/US certified and Politico named him one of the Emerging Tech Leaders of 2013.
Professor of Law, Roger Williams University School of Law
As an expert in National Security Law, Professor Peter Margulies focuses on the delicate balance between liberty, equality, and security in issues involving law and terrorism. Professor Margulies has written almost a dozen articles discussing the War on Terror. He currently works with RWU Law Professor Jared Goldstein, along with litigators from the law firm Edwards Angell Palmer & Dodge, in representing two Afghan detainees. Professor Margulies led a national conference entitled “Legal Dilemmas in A Dangerous World: Law, Terrorism and National Security” held at RWU.
Professor Margulies also has an extensive background in immigration law and has represented Haitian refugees and conducted outreach to community legal service providers.
Peter Marguiles teaches Immigration Law, National Security Law and Professional Responsibility. He has filed amicus briefs in high-visibility cases with the U.S. Supreme Court and has been frequently cited in the New York Times, the National Law Journal and other media outlets.
Senior Fellow, Cato Institute
Julian Sanchez is a senior fellow at the Cato Institute and studies issues at the busy intersection of technology, privacy, and civil liberties, with a particular focus on national security and intelligence surveillance. Before joining Cato, Sanchez served as the Washington editor for the technology news site Ars Technica, where he covered surveillance, intellectual property, and telecom policy. He has also worked as a writer for The Economist’s blog Democracy in America and as an editor for Reason magazine, where he remains a contributing editor.
Sanchez has written on privacy and technology for a wide array of national publications, ranging from the National Review to The Nation, and is a founding editor of the policy blog Just Security. He studied philosophy and political science at New York University.
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.
Partner, Davis Polk & Wardwell LLP
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.
Newton D. Baker-Baker & Hostetler Chair in Law, Moritz College of Law, The Ohio State University
Professor Douglas A. Berman is Newton D. Baker-Baker & Hostetler Chair in Law and Executive Director of the Drug Enforcement and Policy Center, housed in the Moritz College of Law. Berman’s principal teaching and research focus is in the area of criminal law and criminal sentencing, though he also has teaching and practice experience in the fields of legislation and intellectual property. He has taught Criminal Law, Criminal Punishment and Sentencing, Criminal Procedure – Investigation, Marijuana Law, Policy & Reform Seminar, Federal and State Clemency Decision-making, The Death Penalty, Legislation, Introduction to Intellectual Property, Second Amendment Seminar, and the Legislation Clinic.
Professor Berman attended Princeton University and Harvard Law School. In law school, he was an editor and developments office chair of the Harvard Law Review and also served as a teaching assistant for a Harvard University philosophy course. After graduation from law school in 1993, Professor Berman served as a law clerk for Judge Jon O. Newman and then for Judge Guido Calabresi, both on the United States Court of Appeals for the Second Circuit. After clerking, Professor Berman was a litigation associate at the law firm of Paul, Weiss, Rifkind, Wharton, and Garrison in New York City.
Professor Berman is the co-author of two casebooks. Sentencing Law and Policy: Cases, Statutes and Guidelines, published by Aspen Publishers, is now in its fifth edition. Marijuana Law and Policy was released by Carolina Academic Press in 2020. In addition to authoring numerous articles on topics ranging from capital punishment to the federal sentencing guidelines, Professor Berman has served as a managing editor of the Federal Sentencing Reporter for more than twenty five years, and also serves as an editor of the Ohio State Journal of Criminal Law.
Professor Berman is the sole creator and author of the widely-read and widely-cited blog, Sentencing Law and Policy. The blog often receives nearly 50,000 page views per month (and had over 20,000 hits the day of the Supreme Court’s major sentencing decision in United States v. Booker). Professor Berman’s work on the Sentencing Law and Policy blog, which he describes as a form of “scholarship in action,” has been profiled or discussed at length in articles appearing in the Wall Street Journal, Legal Affairs magazine, Lawyers Weekly USA, Legal Times, Columbus Monthly, and in numerous other print and online publications.
In addition, Sentencing Law and Policy has the distinction of being the first blog cited by the U.S. Supreme Court (for a document appearing exclusively on the site), and substantive analysis in particular blog posts has been cited in numerous appellate and district court rulings, in many briefs submitted to federal and state courts around the country, and in hundreds of law review articles.
Professor Berman is a member of the Council on Criminal Justice and frequently is consulted by national and state policymakers, sentencing commissioners, and public policy groups concerning sentencing law and policy reforms. He has testified before the U.S. House of Representatives and before numerous sentencing commissions. He also is frequently contacted by national and local media concerning sentencing and marijuana reform developments.
Professor Berman has appeared on national television, radio and podcast news programs and has been extensively quoted in newspaper articles appearing in nearly every major national paper and many local papers, including The New York Times, The Washington Post, The Wall Street Journal, Legal Times, and in pieces from the Associated Press, Reuters, and Knight-Ridder news services.
Professor Berman sometimes serves as a consultant to lawyers working on important or interesting sentencing cases. In most instances, Professor Berman’s consulting has been on an ad hoc and pro bono basis, and it usually involves a quick review of draft briefs and other court filings and then providing general advice on litigation strategies. On some occasions, however, Professor Berman has been formally retained to play a more sustained role in certain cases, including being retained by law firms to provide consulting service on various cutting-edge federal sentencing issues.
Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law, The University of Utah College of Law
Paul G. Cassell is an internationally recognized legal scholar on criminal and civil justice, crime victims' rights, constitutional law, evidence, judicial process, and other legal issues. Cassell received a B.A. (1981) and a J.D. (1984) from Stanford University, where he graduated Order of the Coif and was President of the Stanford Law Review. He clerked for then-Judge Antonin Scalia when Scalia was on the U.S. Court of Appeals for the D.C. Circuit (1984-85) and for Chief Justice Warren Burger of the United States Supreme Court (1985-86). Cassell then served as an Associate Deputy Attorney General with the U.S. Justice Department (1986-88) and as an Assistant U.S. Attorney for the Eastern District of Virginia (1988 to 1991). Cassell joined the faculty at the College of Law in 1992, where he taught full-time until he was sworn in as a U.S. District Court Judge for the District of Utah in July 2002. In November 2007, he resigned his judgeship to return full-time to the College of Law to teach, write, and litigate concerning issues relating to crime victims' rights and criminal and civil justice reform. Professor Cassell has also published numerous law review articles in journals such as the Stanford Law Review, the Michigan Law Review, the Harvard Journal of Law and Public Policy, and the Journal of Criminal Law and Criminology. He is a co-author of the nation's only law school textbook on crime victims' rights, Victims in Criminal Procedure (various editions, most recently in its fifth edition published in 2025). Professor Cassell has argued pro bono cases relating to criminal procedure and crime victims' rights before the United States Supreme Court, the 2nd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, and D.C. Circuits (including the 5th and 11th Circuits en banc), several U.S. District Courts, the Utah Supreme Court, and the Arizona Supreme Court. In 2020, Cassell received the Ronald Wilson Reagan Public Policy Award - National Crime Victims' Service Award from the U.S. Department of Justice. Cassell is a member of the American Law Institute, a fellow of the American Bar Foundation, and an inaugural member of the Council on Criminal Justice. He is also an occasional blogger at The Volokh Conspiracy.
Regulation Impacts Under the Patient Protection and Affordable Care Act
Controversial Sentencing in the Antwuan Ball Case - Podcast
Douglas A. Berman, Paul G. Cassell
In 2005, Washington, D.C. resident Antwuan Ball was indicted for a massive drug conspiracy and...
Controversial Sentencing in the Antwuan Ball Case
TeleforumThe Federalist Paper, Spring 2014
Dear Friend of the Society, We are pleased to bring you the fall issue of The...
Redressing Politicized Spending
Daniel Z. Epstein
Note from the Editor: This article is about politicized spending in the federal discretionary budget. ...
Panel II: The NSA Telephone Metadata Program
Steven Gill Bradbury, Jim Harper, Kate Martin, Nathan A. Sales, Vincent Vitkowsky, Benjamin Wittes
In the 12 years since 9/11, as the national security threat matrix has become increasingly...
Panel II: The NSA Telephone Metadata Program
Steven Gill Bradbury, Jim Harper, Kate Martin, Nathan A. Sales, Vincent Vitkowsky, Benjamin Wittes
In the 12 years since 9/11, as the national security threat matrix has become increasingly...
Panel I: Foreign Intelligence Collection and the FISA Court
Harley Geiger, Peter S. Margulies, Julian Sanchez, Vincent Vitkowsky, Kenneth L. Wainstein
In the 12 years since 9/11, as the national security threat matrix has become increasingly...
Panel I: Foreign Intelligence Collection and the FISA Court
Harley Geiger, Peter S. Margulies, Julian Sanchez, Vincent Vitkowsky, Kenneth L. Wainstein
In the 12 years since 9/11, as the national security threat matrix has become increasingly...
Book Review: America the Vulnerable: Inside the New Threat Matrix of Digital Espionage, Crime, and Warfare
Hartmann Young
America the Vulnerable: Inside the New Threat Matrix of Digital Espionage, Crime, and Warfare By...