Richard Leon

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Richard Leon
Image of Richard Leon

Nonpartisan

United States District Court for the District of Columbia (senior status)
Tenure

2016 - Present

Years in position

7

Prior offices
United States District Court for the District of Columbia

Education

Bachelor's

College of the Holy Cross, 1971

Graduate

Harvard Law School, 1981

Law

Suffolk University Law School, 1974

Personal
Birthplace
Massachusetts
Contact

Official website 

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Richard J. Leon is a federal judge serving on senior status with the United States District Court for the District of Columbia. He joined the court in 2002 after a nomination from President George W. Bush.[1]

Early life and education

A native of South Natick, Massachusetts, Leon earned his bachelor's degree from the College of the Holy Cross in 1971, his J.D. from Suffolk University Law School in 1974, and his LL.M. from Harvard Law School in 1981.[1]

Professional career

  • 2016 - Present: Senior judge
  • 2002-2016: Judge
  • 2000-2001: Commissioner, Judicial Review Commission on Foreign Asset Control
  • 1997: Special counsel, U.S. House of Representatives Ethics Reform Task Force
  • 1997-present: Adjunct professor, Georgetown University Law Center
  • 1994: Special counsel, Whitewater investigation, U.S. House of Representatives Committee on Banking, Finance and Urban Affairs
  • 1992-1993: Chief minority counsel, October Surprise Task Force, U.S. House of Representatives Committee on Foreign Affairs
  • 1990-1993: Commissioner, White House Fellows Commission
  • 1989-2002: Private practice, Washington, D.C.
  • 1988-1989: Deputy assistant attorney general, Environment and Natural Resources Division, U.S. Department of Justice
  • 1987-1988: Deputy chief minority counsel, U.S. House of Representatives Select Committee to Investigate Covert Arms Transactions with Iran
  • 1983-1987: Senior trial attorney, criminal section, Tax Division, U.S. Department of Justice
  • 1979-1983: Assistant professor of law, St. John's University School of Law
  • 1977-1978: Special assistant U.S. attorney, civil division, Southern District of New York
  • 1976-1977: Attorney, Immigration and Naturalization Service, U.S. Department of Justice Honors Program
  • 1975-1976: Law clerk, Hon. Thomas F. Kelleher, Rhode Island Supreme Court
  • 1974-1975: Law clerk, Superior Court of Massachusetts[1]

Judicial career

U.S. District Court for the District of Columbia

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Richard J. Leon
Court: United States District Court for the District of Columbia
Progress
Confirmed 157 days after nomination.
ApprovedANominated: September 10, 2001
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire:
ApprovedAHearing: January 24, 2002
Hearing Transcript: Hearing Transcript
QFRs: (Hover over QFRs to read more)
ApprovedAReported: February 7, 2002 
ApprovedAConfirmed: February 14, 2002
ApprovedAVote: Voice vote

Leon was nominated to the United States District Court for the District of Columbia by President George W. Bush on September 10, 2001, to a seat vacated by Norma Holloway Johnson. The American Bar Association rated Leon Unanimously Well Qualified for the nomination.[2] Hearings on Leon's nomination were held before the United States Senate Committee on the Judiciary on January 24, 2002, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on February 7, 2002. Leon was confirmed on a voice vote of the U.S. Senate on February 14, 2002, and he received his commission on February 19, 2002. Leon elected to take senior status beginning on December 31, 2016.[1][3]

Noteworthy cases

Judge allows AT&T/Time Warner merger (2018)
See also: United States District Court for the District of Columbia (United State of America v. AT&T Inc. et al.)

Judge Richard Leon ruled that a proposed AT&T Inc. and Time Warner Inc. merger did not violate antitrust laws on June 12, 2018. The lawsuit was filed by the U.S. Department of Justice Antitrust Division in November 2017 after the companies announced the agreement in October 2016. The Department of Justice argued that a merger between AT&T and Time Warner would increase programming costs for consumers. AT&T and Time Warner argued that the merger would allow both companies to better compete in the internet age. Judge Leon ruled in favor of the defendants, deciding that the merger would not lessen competition in the video programming and distribution industry. He wrote, "Ultimately, I conclude that the Government has failed to meet its burden to establish that the proposed 'transaction is likely to lessen competition substantially.'"[4]

Judge dismisses lawsuits related to NSA metadata program (2017)
See also: United States District Court for the District of Columbia (Larry Klayman et al. v. National Security Agency et al.)

On November 21, 2017, Judge Richard Leon of the District of Columbia dismissed two separate lawsuits related to the National Security Agency’s metadata program. Because the program is no longer in effect, the cases were considered moot. Judge Leon had previously held the metadata program was unconstitutional, but the D.C. Circuit reversed that original decision, holding that the plaintiff in the case lacked standing. The case was later amended to include a plaintiff with standing, but that case was in the appellate process when the metadata program was halted. In his order dismissing the suits, Judge Leon wrote, “This Court, in the final analysis, has no choice but to dismiss these cases for plaintiffs’ failure to demonstrate the necessary jurisdiction to proceed. … I do so today, however, well aware that I will not be the last District Judge who will be required to determine the appropriate balance between our national security and privacy interests during this never-ending war on terror."[5]

NSA metadata collection unconstitutional (2013)
See also: United States District Court for the District of Columbia (Klayman v. Obama, 13-0851 (RJL))

On December 16, 2013, Judge Richard Leon ruled that the NSA's collection of phone metadata was unconstitutional. In a written opinion, Leon wrote:

“ This case is yet the latest chapter in the Judiciary’s continuing challenge to balance the national security interests of the United States with the individual liberties of our citizens. The Government, in its understandable zeal to protect our homeland, has crafted a counterterrorism program with respect to telephone metadata that strikes the balance based in large part on a thirty-four year old Supreme Court precedent, the relevance of which has been eclipsed by technological advances and a cell phone-centric lifestyle heretofore inconceivable. In the months ahead, other Article III courts, no doubt, will wrestle to find the proper balance consistent with our constitutional system. But in the meantime, for all the above reasons, I will grant Larry Klayman’s and Charles Strange’s request for an injunction and enter an order that (1) bars the Government from collecting, as part of the NSA’s Bulk Telephony Metadata Program, any telephony metadata associated with their personal Verizon accounts and (2) requires the Government to destroy any such metadata in its possession that was collected through the bulk collection program.

[6]

”
—Judge Richard Leon, [7]

The case was filed by Larry Klayman shortly after information on the NSA's domestic surveillance program was leaked by Edward Snowden. The case was the first successful ruling against the NSA since the Snowden leaks. Klayman claimed that the broad collection of metadata from phones was a violation of the Fourth Amendment. The counter argument brought by the Obama administration was that precedent was set in a 1979 case, Smith v. Maryland, that ruled the NSA was protected from such Fourth Amendment claims. Judge Leon stated:

“ Put simply, people in 2013 have an entirely different relationship with phones than they did 34 years ago... Records that once would have revealed a few scattered tiles of information about a person now reveal an entire mosaic — a vibrant and constantly updating picture of the person’s life.[6] ”

[7] That opinion was later reversed and remanded by the D.C. Circuit.

Public statements

Hillary Clinton emails

See also: Hillary Clinton email investigation

In July 2015, Leon commented on the delayed release of State Department emails from Hillary Clinton's tenure as secretary of state. In response to a request for just over 60 emails, he said, "Now, any person should be able to review that in one day — one day. Even the least ambitious bureaucrat could do this."

While serving as secretary of state from 2009 to 2013, Clinton exclusively used a private email account and server for State Department affairs.[8] By managing her email in this manner, Clinton may have violated record-keeping, transparency and security rules.[9][10][11] No charges were brought against Clinton by the Justice Department.[12]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "Biography of Judge Richard J. Leon," accessed May 12, 2017
  2. ↑ American Bar Association, "Ratings of Article III judicial nominees, 102nd Congress," accessed January 5, 2017
  3. ↑ United States Congress, "PN 1001 — Richard J. Leon — The Judiciary," accessed January 5, 2017
  4. ↑ U.S. District Court for the District of Columbia, United State of America v. AT&T Inc. et al., June 12, 2018
  5. ↑ U.S. District Court for the District of Columbia, Larry Klayman et al. v. National Security Agency et al., November 21, 2017
  6. ↑ 6.0 6.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  7. ↑ 7.0 7.1 Scribd, "Klayman v. Obama NSA Metadata Opinion," accessed December 16, 2013
  8. ↑ The Wall Street Journal, "Timeline: Hillary Clinton’s Email Chain," March 10, 2015
  9. ↑ National Review, "Yes, Hillary Clinton Broke the Law," March 3, 2015
  10. ↑ The New York Times, "Judge Says Hillary Clinton Didn’t Follow Government Email Policies," August 21, 2015
  11. ↑ Wired, "Why Clinton’s Private Email Server Was Such a Security Fail," March 4, 2015
  12. ↑ U.S. Department of Justice, "Statement from Attorney General Loretta E. Lynch Regarding State Department Email Investigation," July 6, 2016
Political offices
Preceded by:
Norma Johnson 		U.S. District Court for the District of Columbia
2002-2016 		Succeeded by:
NA



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