head of doj-olc, karl remon thompson, former aide to rep. luis gutierrez
TRANSCRIPT
-
7/25/2019 Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez
1/10
Dale Wilcox
Executive Director and General Counsel
Immigration Reform Law Institute
c/o Ms. Julie
B Axelrod, [email protected]
U.S. Department
o
Justice
Office of Legal Counsel
Washington, D.C. 20530
June3,2016
Re:
FOIA Tracking No. FYlS-027; FAIR
v
DOJ, No. 1:16-cv-591 D.D.C.)
Dear Mr. Wilcox:
This is a final response to your Freedom
of
Information Act ( FOIA ) request to the
Office
of
Legal Counsel ( OLC ) dated January 23, 2015, on behalf
of
your client, the
Federation for American Immigration Reform, seeking records regarding
OLC s
November 19,
2014 opinion, The Department JfHomeland Security s Authority
t
Prioritize Removal o
Certain Aliens Un/av.fully Present in the United States and
t
Defer Removal a/Others, 38
Op.
O.L.C. 1 (2014), and other records regarding a 2012 action by the Department
of
Homeland
Security. As you know, the request is the subject of the above-captioned litigation, and OLC
previously responded to parts 3, 4, and 5 in a letter dated November 4, 2015. Pursuant to 28
C.F.R. 16.S(b), your request was processed in the complex track.
Our search ofOLC s files for records responsive to part 1 of your request has located
eleven records. Four of those records are enclosed, with material redacted pursuant to FOIA
Exemption Six, 5 U.S.C.
552(b)(6). The remaining seven records concern non-supervisory
career OLC staff and are being withheld in full pursuant to FOIA Exemption Six. Disclosure
of
the redacted material or withheld documents would constitute a clearly unwarranted invasion
of
personal privacy.
Our search of
OLC s
files for records responsive to part 2 of your request has located no
responsive records.
For your information, Congress excluded three discrete categories
of
law enforcement
and national security records from the requirements
of the FOIA. See 5 U.S.C.
552(c). This
response is limited to those records that are subject to the requirements of the FOIA. This is a
standard notification that is given to all our requesters and should not be taken
as
an indication
that excluded records do, or do not, exist.
Although your request is the subject of ongoing litigation, and administrative appeals are
not ordinarily acted upon in such situations, I am required by statute and regulation to inform
-
7/25/2019 Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez
2/10
you of your right to file an administrative appea
l.
You may submit an appeal by writing to the
Director, Office oflnformation Policy, United States Department of Justice, Suite 11050, 1425
New York Avenu
e
NW, Washington,
DC
20530-0001 , or you may submit
an
appeal through
OIP s
eFOIA portal
at
http:
//www
.justice.gov/oip/efoia-porta
l.
html. Your appeal must be
postmarked or transmitted electronically within sixty days from the date of thi s letter. f you
submit your appeal by
ma
il, both the letter and the envelope should be clearly marked Freedom
of Information Act Appeal.
cc: Adam D. Kirschner, Senior Counsel
Civil Division, Federal Programs Branch
Enclosures
2
Sincerely,
Paul P. Colborn
Sp
ec
ial Counsel
-
7/25/2019 Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez
3/10
}OHNE
IES
Home:
Work: 12 1 Pennsylvania Avenue N.W.
Washington,
D.C. 20004 (202) 662-5207 @cov.com
EXPERIENCE
Covington Burling P
Washington, D.C.
Partner 2008 to present; Associate 2001to2008; Summer aw Clerk Summer 1999
Extensive experience with significant
internal
corporate investigations and
~ o r p o r t e
crises, for clients
such
as Adelphia Communications Corporation, Tyco International Ltd., and the District of Columbia
Water & Sewer Authority (WASA).
Represented clients in federal 9rand
jury
investigations, in S.E.C. and
other
regulatory enforcement
actions, and in Department
of
Justice
and
congressional investigations, in matters concerning accounting
and
disclosure issues, related party trarisactions, the Foreign Corrupt Practices Act, law enforcement
compliance issues, and the S.E.C.'s oversight
of
broker-dealers
and
investment advisors.
Experience in complex civil litigation
and
internat ional arbitration, inc luding securiti es class actions
and derivative lawsuits, complex contractual disputes, Alien Tort Statute litigation, and constitutional
and
tort litigation.
Pro bono: Second-chaired :murder trial with Montgomery County Public Defender's Office. Managed
Section 1983 litigation on behalf of wrongfully-convicted former prisoner, including successful district
court and
Fifth Circuit
arguments
in
opposition
to dismissal
on
qualified
immunity grounds.
Successfully argued against issuance
of
a prel iminary injunction
and
for dismissal
on behalf of
D.C.
charity. Court-appointed counsel to indigent inmate in habeas
appeal of
sentence to
the
Third Circuit.
Chambers
of
the Hon. Sandra Lynch, U.S. Courtof Appeals for the First Circu it Boston, Massachusetts
Judicial Clerk
2000-2001 Term
The
Lawyers' Committee for Civil
Rights Under
Law (National Office)
Summer Legal Internship
Program
Summer
1998
EDUC TION
Washington, D.C.
The University
of
Chicago
Law School
Chicago, Illinois
Juris Doctor high
honors
June 2000. Order
of the
Coif.
Managing Editor, The University of Chicago aw Review Volume 67 Comment, Conditioning
Forum
Non
Conveniens 67
U. Chi.
L.
Rev.
489
(2000)
Careers
in Public Service, Executive Board, 1998-99
Chicago
Law Foundation Board, 1998-1999 (funding
student
public interest work) Research assistant, the Hon.
Jack L. Goldsmith III (Winter 1999)
University
of Minnesota
Minneapolis, Minnesota
Master
of
Arts in Political Science (Political Theory/American Politics), Fall 1997.
University
Graduate
School Fellowship, 1993-94 Ins truct or, Introduction
to
Political Analysis
and
Contemporary Political Ideologies
Pomona
College Claremont, California
Bachelor
of Arts cum laude
in Politics,
Philosophy &
Economics, May 1993.
Honnold
Fellowship for Graduate
Study
ASPC North
Campus
Senator Election
Supervisor
(student
government)
(b) (6) (b) (6) (b) (6) (b) (6)(b) (6)
(b) (6)
(b) (6)
-
7/25/2019 Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez
4/10
Brian
M
Boynton
EXPERIENCE
Wilmer Cutler Pickering Hale and Dorr LLP Washington, DC
Vice Chair, Government
and
Regulatory Litigation Group
Member, Appellate Litigation Group and Business Trial Group
2002 - Present
Partner since 2009
Constitutional Law: Experience litigating constitutional challenges to federal and state
legislation and advising clients on the constitutionality of proposed legislation. Matters
include:
Defense of multiple First Amendment compelled-funding challenges to federal and
state laws requiring producers
of
agricultural commodities to fund generic marketing
programs
Defense of the constitutionality of the immunity provision of the FISA Amendments
Act of 2008 in actions asserting that telecommunications companies cooperated with
alleged
NSA
counter-terrorism surveillance following the attacks
of
September 11,
2001
Representation of an industry association that intervened to defend California food
safety and animal welfare requirements against dormant Commerce Clause and
preemption challenges
A preemption
and
dormant Commerce Clause challenge to a District
of
Columbia law
that set price caps on patented prescription drugs
Administrative Law: Experience litigating and advising clients with respect to
Administrative Procedure
Act
(APA) challenges to federal agency actions. Matters include:
Defense
of
APA challenges brought
by
the oil industry and others to BP A Clean Air
Act waivers pern1itting the sale of gasoline with 15 ethanol
Representation
of
a trade association in an
APA
and McCarran-Ferguson Act challenge
to the application of HUD regulations to homeowners insurance
Defense of
APA
challenges to EPA regulations relating to sale of gasoline with 15
ethanol
Representation
of
patent holders
in
APA challenges to
PTO
decisions regarding patent
term adjustments, patent term extensions, and patent maintenance fee payments
Representation of a prescription drug wholesaler in an AP A challenge to a DEA order
and related administrative proceedings before an ALI
Commercial and Regulatory Litigation: Experience litigating a broad range
of
commercial
and regulatory disputes. Matters include:
Representation
of
a juice manufacturer in the Supreme Court and the court
of
appeals in
a false advertising case involving the interaction of the Lanham Act and the FDA s
regulation
of uice
products under the Food, Drug, and Cosmetic
Act
(b) (6)
-
7/25/2019 Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez
5/10
Representation
of
a telecommunications company in a False Claims Act case raising
questions about the scope of the first-to-file bar and the applicability of the public
disclosure bar
Defense of a Sherman Act challenge brought against a cellular network equipment
manufacturer
Defense
of
a Fair Housing Act challenge brought against a secondary market purchaser
of subprime mortgages
Representation of a patent licensee in patent infringement litigation and in patent
validity litigation raising questions about the public-use
bar
and the scope
of
the waiver
of sovereign immunity in the AP A
A breach
of
contract action involving the ownership
of
The Salt Lake Tribune
U.S. Court
of
Appeals for the District
of
Columbia Circuit Washington, DC
Law Clerk to then
Chief
Judge Douglas I I. Ginsburg
2001
2002
Co-author: Douglas
I-I.
Ginsburg Brian M. Boynton, The
D C
Circuit Review August 2000 -
July 2001: The Court En Banc:
1991-2002
70
GEORGE WASHINGTON
L W
REVIEW
259 2002)
U.S. District Court for the Northern District of California San Francisco, CA
Law Clerk to Judge Vaughn
R
Walker
EDUCATION
Stanford Law School J.D., 2000, Order of the Coif
Stanford Law Review; East Palo Alto Community Law Project
2000 - 2001
1997 2000
Advanced Constitutional Law Workshop: Brian M. Boynton,
Democracy
and
Distrust After Twenty
Years: Ely s Process Theory and Constitutional Law from 1990 to 2000 53 STANFORD LAW
REVIEW
397 2000)
Dartmouth College A.B. Economics, 1997, Summa Cum Laude
1993 1997
Phi Beta Kappa; National Merit Scholarship recipient;
OTHER INFORMATION
Member of the California and District of Columbia bars
2
(b) (6)
(b) (6)
-
7/25/2019 Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez
6/10
{
DANIEL
L. KOFFSKY
otr
(2v2)
Res.
PROFESSIONAL
(PERIENCE
U.S.
Dqrarfuent
of
Justice,
Office
of
Legal
Counsel, V/ashington,
D.C.,
1989-present
Special
Counsel
(Senior
Executive
Service),
1993-preselt
Senior
Counsel,
t99
L-1993
Acting Assistant
Attomey
Genral, January-August
1993;
February-October 2001
Acting Deputy
Asdstant Attomey
General,
August
1993-January 1994;
August
l998-February
2001
My responsibilities
have included
drafting
opinions,
preparing
congressional
testimony
and cornrrents on
proposed
legislation
and providing
less
fomral advice.
The
Office
of
I-egal Counsel
nswers
refluests fromthe \ilhite House
Counsel, officials
of the
Department
of
Justice
(including
the
Attorney General and tl
Deputy Attorney
General),
and
other
agencies
in the Executive
Branch-
My areas of
practice
inchlde
conflict of interest
regulation,
national security law,
and
administrative
law. f
arn
the
ethics
official
for Office
of Legal Counsel As Acting Assistant
Attorney
General,
I was
in
charge
of office and supervised
approximately 15 attorneys.
Pepperr:Hamilton
&
Scleeta
TVashington,
D.C.,
1987-1989
Partner
My
chief areas
of
practice
were administrative law
and
govemnlent
regulation
I
handled
proceedings
before the
Federal
Energy
Regulatory Conrnission
and
assisted
in
proceedings
before
the Interstate
Corrnerca
srrmi
ssion
\MaId,
Harkrader
S
Ross,
V/ashington
D.C.,1979-t987
Parhrer,
1986-
1987
;
Associate,
1979
-t985
United Stats
Court
of
Appeals for the
Third
Cirsdt, 1978-1979
Law Clerk to
Judge
Max Rosenn
My
chief
practic,e
areas
were
as
noted
above, as well
as atitrust
and environrnental
law.
The
firrncouibined
withPepper,
Hamilton &
Scheetz
in
1987.
(b) (6) (b) (6)(b) (6)
-
7/25/2019 Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez
7/10
EDUCATION
Yale
Law
School,
J.D.
(1978)
Member, Board
of
Editors, Yale
Law
Journal
Research
and editorial assistant
for two faculty rnnrbers
Harvard
College,
4.8.,
magna
cumlaude
in
history
and
literature
(1975)
PhiBetaKappa
Harvard
National
Scholarship
National Merit Scholarsh
Detur BookPrize
Edwards Whittaker Scholarship
WR
TINGS AND
SPEECIIES
Coming
to
Terms
with Bureaucratic Ethics,11 J.L. &
Pol
235
(1995)
The Appear&nce
ofWrongdaing,6
Geo.
J.
LegalEthics 501
(1993)
Note,
Ordcrs
to
Move
On
and
the
Prevention
af
Crme,81
Yale
L.J.
603
(1978)
Spaker, Inragency Ethis Corncil
(2002):
The
Ernolunents
Clause and
the
Foreign
Gifts
and
Decorations
Act
Speaker, Intelligence Comrunity
Legal
Conference
(1998)
Testimny on Behalf
of
Departrne,nt
of
Justice
(with
Joseph Onek), Senate
Govemn.ntal
Affairs
Corrunite
(1998):
'Thg
Vacancies
Act
Speaker, Office
of
Governrnent
Etbics
Anrual
Conference
(1997):
'The Ehnolunents
Clause
aod the
Foren
Gifts
and Decorations
Act
Speaker,
Office
of
GovernmentEthics Anual
Confere.nce
(1995):
The
Anti-Lobbying
Act
Speaker,
Officeof
GovernrentEthicsAnnualConference
(L994):
'Roleof
theJusticeDeparnnentin
Ethics
Connseling
Speaker, meeting
of
the
Adrninistrative Law and Regulatory
Practice Section of the
American Bar
Association
(1990):
Authority
of
Inspectors
General'
2
-
7/25/2019 Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez
8/10
PUBLISHED OPINIONS SIGNED
AS ACTTNC
ASSISTANT
ATTORNEY
GENERAL
-
OR, ACTING
DEPUTY
ASSISTANT
ATTORT{EY
GENERAL
Emolument
s
Clause and,
World,
B
ank,
2m
I
IVL 34610590
(O.L.C.
)
Whether Section
501(c) of
the
Ethics
in Government
Act Rem ains
in
Effict
After Invaldntion
of
Section
501(b)
(March
1,
2001)
(available
on Office
of
Governrne,nt
Bthics web
site)
Applcation of
18 U.S.C.
S
207(d) to Cenain
Empl.oyees
of the
Tresury
Departmen, 2000
\ryL
3397ffiz
(O.L.C.)
Applicblity of
Federal Varancies
Reforrn Act to Vacancies at
the Internati,onl
Monetary
Fund
and theWorld.
Bank,2W WL
16981
(O.L.C.)
Autlwrity
of tltc
Advisory
oardfor
Cuba Broadcasting
to
Act
in
the
Absence
of
a
Presidentialty
D e s
gnat
e d
Chirp
e
rson,
2}ffi
WL 337
I 6862
(O.
L.
C.
)
Appointtnent
of a
Senate-Conft,rmcd
Nominee
(Aet-
12, 1999)
(available
on
OI-C
web
site)
Applicability
of
18
U.S.C.
S
219
to Representatve
Members of
Federal
Advisory
Commttees,
1999
V,
33227
525
(O.L.C.)
Terut
of
a
Member af
thc Msissippi
River
Commission,
1999
WL
33219990
(O.L.C.)
Applicability of
18
U.S.C.
#
207(c) to
the
Briefi.ng and
Arguing
of Cses inWhich
the
Depaftment
of
lustice
Represents a Party,lT
Op.O.L.C.
37
(1993)
Applicabitity of the
Civil
Servce Provisions of
Title 5
of the Ilnited
States'Code
to the United
States
Enrclwnent
Catporati.on,lT
Ap. O.L.C. n
Q993)
GOVERNMENT
A\ilARDS
Meritorbus
Executive
Awmd
(cooferredby
the
President), 2001
Superior
Honor
Award, Deparfinent
of
Sta, 2004
Medal for Exceptional
Civilim Service, Office
of the
Secretary
of
Defense
,2002
The
Attorney
General's
Award
for Excellence in Furthering
the
Interests of
U.S. National
Security,
2000
3
-
7/25/2019 Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez
9/10
Director s
Award,
Executive
Office
for
United
Stas
Attrneys,
1993
Senior
Executive
Service
Performance
Awards, 1994, t995, L996,
1997,
1998,
1999,2W,2W,
2W3,2004
(ineible
in
2001
because
of Meritorious
Executive Award that
year);
Special
Achieveme,nt
Awards, Office
of Legal
Cotmsel,
L99I,1992,
and
1993
PERSONAL
4
(b) (6)
-
7/25/2019 Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez
10/10
KARL REMON THOMPSON
@omm com
EXPERIENCE
O'Melveny Myers,
LLP Washington, DC.
Counsel, January 2006-present. Associate, December 2003-December 2005.
Specialize in International and Appellate Litigation. Represent major corporations and
other clients in cases involving foreign parties, tran.sactions, or occurrences; international
law; and U.S. laws governing extraterritorial conduct. Also represent clients in matters on
appeal, filing briefs before state and federal appellate courts, including the United States
Supreme Court, and arguing appeals in state and federal court.
United States Supreme Court Washington, DC.
Law clerk to the Hon. Ruth Bader Ginsburg, July 2002-July 2003.
Kellogg,
Huber
Hansen
Todd
Evans, Figel,
PLLC
Washington, DC.
Associate, September 2001-May 2002.
United States Court of Appeals
for
the DC Circuit , Washington, DC.
Law Clerk to the Hon. David S Tatel, August 2000-July 2001.
Office of Congressman
Luis
V. Gutierrez, Chicago, IL
Congressional Aide, May 1993-0ctober 1993.
United States Senate Committee on
Labor and
Human Resources,
Washington, DC.
Legislative Intern, November 1992-March 1993.
EDUCATION
University of Chicago Law School, Chicago, IL. JD with High Honors, June 2000.
Law Review: Articles Editor, 1999-2000; Staff Member, 1998-1999.
Latino Law Students Association. International Law Society. Order of the Coif.
Cambridge
University,
Cambridge, England. PhD in Political Theory, July 1998.
Internal Graduate Studentship (full PhD funding) at Trinity College.
Academic Supervisor, 1995-1997. Taught political theory to undergraduates.
Cambridge University, Cambridge, England. MPhil in Social and Political Sciences, July 1992.
Charles Henry Fiske Scholar at Trinity College.
Harvard
University,
Cambridge,
MA.
BA in Physics, June 1991.
John Harvard and Harvard College Scholarships, 1989-1991. Teaching Fellow, 1989-1990.
.
Evanston Township High School,
Evanston, IL Graduated 1987. Valedictorian.
MISCELLANEOUS
. Admitted to New York and Washington, D.C. bars.
(b) (6) (b) (6) (b) (6)
(b) (6)
(b) (6)