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 Fellow, Administrative Conference of the United States
Paul D. Kamenar is a Washington, D.C. public policy and appellate attorney who counsels clients on legal, regulatory, and public policy matters. He is also a Senior Fellow of the Administrative Conference of the United States and guest lectures at the U.S. Naval Academy on National Security Law. He has been a speaker at several conferences across the country on overcriminalization and regulatory enforcement, including those sponsored by the American Bar Association, George Mason University Law School, S.J. Quinney College of Law-University of Utah, American University Washington College of Law, Northwestern University School of Law, and the Cleveland Chapter of the Federalist Society. He also has briefed Members of Congress and their staff on overcriminalization issues along with representatives from the National Association of Criminal Defense Lawyers and the Heritage Foundation. He and his clients have also testified before congressional committees on these issues. He was Senior Executive Counsel of the Washington Legal Foundation, Clinical Professor of Law at George Mason University Law School from 1999-2005, and adjunct professor at Georgetown University Law Center teaching a separation of powers/appellate advocacy seminar. He is a graduate of Georgetown Law and received his undergraduate degree from Rutgers College.
Partner, MoloLamken
Jeff Lamken, founder of MoloLamken, is a nationally recognized appellate practitioner, has argued 22 cases before the U.S. Supreme Court and briefed dozens more on a wide range of topics, including administrative law, the First Amendment, antitrust, bankruptcy, civil rights, criminal procedure, energy law, intellectual property, search and seizure law, separation of powers, and telecommunications law. He has also handled matters in virtually all the federal courts of appeals and many state appellate courts. Mr. Lamken also develops, briefs, and argues critical motions in significant trial matters.
Before founding MoloLamken, Mr. Lamken headed Baker Botts' Supreme Court and Appellate Practice in Washington, D.C. Mr. Lamken has served as an Assistant to the Solicitor General in the United States Department of Justice, and was a partner in the Washington D.C. litigation boutique Kellogg Huber & Hansen.
Senior Fellow, Administrative Conference of the United States
Paul D. Kamenar is a Washington, D.C. public policy and appellate attorney who counsels clients on legal, regulatory, and public policy matters. He is also a Senior Fellow of the Administrative Conference of the United States and guest lectures at the U.S. Naval Academy on National Security Law. He has been a speaker at several conferences across the country on overcriminalization and regulatory enforcement, including those sponsored by the American Bar Association, George Mason University Law School, S.J. Quinney College of Law-University of Utah, American University Washington College of Law, Northwestern University School of Law, and the Cleveland Chapter of the Federalist Society. He also has briefed Members of Congress and their staff on overcriminalization issues along with representatives from the National Association of Criminal Defense Lawyers and the Heritage Foundation. He and his clients have also testified before congressional committees on these issues. He was Senior Executive Counsel of the Washington Legal Foundation, Clinical Professor of Law at George Mason University Law School from 1999-2005, and adjunct professor at Georgetown University Law Center teaching a separation of powers/appellate advocacy seminar. He is a graduate of Georgetown Law and received his undergraduate degree from Rutgers College.
Partner, MoloLamken
Jeff Lamken, founder of MoloLamken, is a nationally recognized appellate practitioner, has argued 22 cases before the U.S. Supreme Court and briefed dozens more on a wide range of topics, including administrative law, the First Amendment, antitrust, bankruptcy, civil rights, criminal procedure, energy law, intellectual property, search and seizure law, separation of powers, and telecommunications law. He has also handled matters in virtually all the federal courts of appeals and many state appellate courts. Mr. Lamken also develops, briefs, and argues critical motions in significant trial matters.
Before founding MoloLamken, Mr. Lamken headed Baker Botts' Supreme Court and Appellate Practice in Washington, D.C. Mr. Lamken has served as an Assistant to the Solicitor General in the United States Department of Justice, and was a partner in the Washington D.C. litigation boutique Kellogg Huber & Hansen.
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.
Criminal Regulatory Statutes: Is “Deliberate Indifference” Sufficient Mens Rea For A “Knowing" Violation? Case Update: Todd Farha v. United States - Podcast
John G. Malcolm, Paul D. Kamenar, Jeff Lamken
Todd Farha v. United States, currently pending on a petition for writ of certiorari to the...
Criminal Regulatory Statutes: Is “Deliberate Indifference” Sufficient Mens Rea For A “Knowing" Violation? Case Update: Farha v. United States
TeleforumCourthouse Steps Teleforum Preview: Regulatory Crimes: Clay [Todd Farha] v. U.S. Oral Argument
John J. Park, Jr., Of Counsel, Strickland Brockington Lewis LLP, provides a preview of the Clay...