Michael W. Mosman
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Michael Wise Mosman (born December 23, 1956) is a
senior Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to: * Senior (name), a surname ...
United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...
of the
United States District Court for the District of Oregon The United States District Court for the District of Oregon (in case citations, D. Ore. or D. Or.) is the federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union. ...
. He served as Chief Judge for the U.S. District Court for the District of Oregon from February 1, 2016, to December 23, 2019. He also served a 7-year term on the
FISA Court The United States Foreign Intelligence Surveillance Court (FISC), also called the FISA Court, is a U.S. federal court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants aga ...
from May 4, 2013, to May 3, 2020. He previously served as the
United States attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...
for the same district.


Early life and education

Michael Mosman was born in the
Willamette Valley The Willamette Valley ( ) is a valley in Oregon, in the Pacific Northwest region of the United States. The Willamette River flows the entire length of the valley and is surrounded by mountains on three sides: the Cascade Range to the east, the ...
of
Oregon Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...
in 1956 in the city of
Eugene Eugene may refer to: People and fictional characters * Eugene (given name), including a list of people and fictional characters with the given name * Gene Eugene, stage name of Canadian born actor, record producer, engineer, composer and musi ...
. He grew up in Lewiston,
Idaho Idaho ( ) is a landlocked U.S. state, state in the Pacific Northwest and Mountain states, Mountain West subregions of the Western United States. It borders Montana and Wyoming to the east, Nevada and Utah to the south, and Washington (state), ...
, the son of an attorney and judge with an older sister and three younger brothers. He attended
Ricks College Ricks may refer to: People * Andre Ricks (born 1996), American basketball player * Bob Ricks (21st century), American police chief * Christopher Ricks (born 1933), British literary critic and scholar * Desmond Ricks, American football player * ...
in Idaho, which is now
Brigham Young University–Idaho Brigham Young University–Idaho (BYU–Idaho or BYUI) is a private college in Rexburg, Idaho. Founded in 1888, the college is owned and operated by the Church of Jesus Christ of Latter-day Saints (LDS Church). Previously known as Ricks College, ...
. He graduated with an Artium Baccalaureus degree in 1979 before attending
Utah State University Utah State University (USU or Utah State) is a public university, public land grant colleges, land-grant research university with its main campus in Logan, Utah, United States. Founded in 1888 under the Morrill Land-Grant Acts as Utah's federal ...
in
Logan Logan may refer to: Places * Mount Logan (disambiguation) Australia * Logan (Queensland electoral district), an electoral district in the Queensland Legislative Assembly * Logan, Victoria, small locality near St. Arnaud * Logan City, local gove ...
,
Utah Utah is a landlocked state in the Mountain states, Mountain West subregion of the Western United States. It is one of the Four Corners states, sharing a border with Arizona, Colorado, and New Mexico. It also borders Wyoming to the northea ...
. At Utah State he graduated with a
Bachelor of Science A Bachelor of Science (BS, BSc, B.S., B.Sc., SB, or ScB; from the Latin ') is a bachelor's degree that is awarded for programs that generally last three to five years. The first university to admit a student to the degree of Bachelor of Scienc ...
degree in 1981, and was the
valedictorian Valedictorian is an academic title for the class rank, highest-performing student of a graduation, graduating class of an academic institution in the United States. The valedictorian is generally determined by an academic institution's grade poin ...
of his class.Cannon, Mark W
Record Six New LDS Federal Judges Appointed.
''Meridian Magazine''. Retrieved on February 9, 2008.
Mosman then went on to
law school A law school (also known as a law centre/center, college of law, or faculty of law) is an institution, professional school, or department of a college or university specializing in legal education, usually involved as part of a process for b ...
at
Brigham Young University Brigham Young University (BYU) is a Private education, private research university in Provo, Utah, United States. It was founded in 1875 by religious leader Brigham Young and is the flagship university of the Church Educational System sponsore ...
's J. Reuben Clark Law School. He graduated there in 1984 with a
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
. At BYU he was the editor of the law review, and graduated magna cum laude.


Career

In 1984, Mosman clerked for
Malcolm Richard Wilkey Malcolm Richard Wilkey (December 6, 1918 – August 15, 2009) was a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit and United States Ambassador to Uruguay. Early life and education Wilkey ...
, judge on the
United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, ...
. The following year he entered private legal practice for part of 1985 as an associate at Shaw, Pittman, Potts & Trowbridge (now
Pillsbury Winthrop Shaw Pittman Pillsbury Winthrop Shaw Pittman LLP, also known as Pillsbury, is a full-service law firm with a particular focus on the energy, financial services, real estate and technology industries. Based in the world's major financial, technology and energy ...
). Mosman then was a clerk for Justice Lewis F. Powell of the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
. While clerking for Powell, he was involved in the justice's voting to uphold
Georgia Georgia most commonly refers to: * Georgia (country), a country in the South Caucasus * Georgia (U.S. state), a state in the southeastern United States Georgia may also refer to: People and fictional characters * Georgia (name), a list of pe ...
's sodomy law in ''
Bowers v. Hardwick ''Bowers v. Hardwick'', 478 U.S. 186 (1986), was a landmark decision of the U.S. Supreme Court that upheld, in a 5–4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults, in ...
'', writing ::"The right to privacy calls for the greatest judicial restraint, invalidating only those laws that impinge on those values that are basic to our country" and ::"I do not think that this case involves any such values. I recommend reversal f the Eleventh Circuit decision..Personal sexual freedom is a newcomer among our national values, and may well be, as discussed earlier, a temporary national mood that fades." After leaving Powell's employ, Mosman entered private practice in
Portland, Oregon Portland ( ) is the List of cities in Oregon, most populous city in the U.S. state of Oregon, located in the Pacific Northwest region. Situated close to northwest Oregon at the confluence of the Willamette River, Willamette and Columbia River, ...
, in 1986 at Miller Nash (now Miller Nash Graham & Dunn).


United States attorney

In 1988, he began working as an
assistant United States attorney An assistant United States attorney (AUSA) is an official career civil service position in the U.S. Department of Justice composed of lawyers working under the U.S. attorney of each U.S. federal judicial district. They represent the federal gov ...
for the District of Oregon, remaining until 2001. That year he became the United States attorney for the District of Oregon, serving until 2003. He replaced Kristine Olson Rogers who had resigned.


Federal judicial service

On May 8, 2003, President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
nominated Mosman to serve as
United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...
of the
United States District Court for the District of Oregon The United States District Court for the District of Oregon (in case citations, D. Ore. or D. Or.) is the federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union. ...
to the seat vacated by Robert E. Jones, who assumed senior status on May 1, 2000. Senators
Ron Wyden Ronald Lee Wyden ( ; born May 3, 1949) is an American politician serving as the Seniority in the United States Senate, senior United States Senate, United States senator from Oregon, a seat he has held since 1996 United States Senate special el ...
and Gordon H. Smith spoke at the confirmation hearing, highlighting his prior service in the war on terrorism and that a bipartisan commission established to fill the vacancy left by Robert E. Jones had discovered him.Hearings Before the Committee on the Judiciary United States Senate One Hundred Eighth Congress
/ref> On September 25, 2003, he was confirmed by the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
by a 93–0 vote. He received his commission on September 26, 2003. He served as Chief Judge for approximately 4 years from February 1, 2016, to December 23, 2019.Chief Judge Transition
/ref> He assumed senior status on December 27, 2021.


Foreign Intelligence Surveillance Court & Alien Terrorist Removal Court

He served a full 7-year term as a Judge of the
United States Foreign Intelligence Surveillance Court The United States Foreign Intelligence Surveillance Court (FISC), also called the FISA Court, is a United States federal courts, U.S. federal court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests ...
from May 2013 to May 2020. He served as a judge of the
Alien Terrorist Removal Court The United States Alien Terrorist Removal Court is a special court in the United States created in 1996 that has never conducted proceedings. It consists of five Article III judges, selected by the Chief Justice of the United States. Its job is t ...
from 2018 to 2023.


Notable cases


Lemons v. Bradbury

On February 1, 2008, in ''Lemons v. Bradbury'', Mosman dismissed the lawsuit and lifted an injunction against Oregon's new civil union law. Mosman had issued the temporary injunction in December 2007 to prevent Oregon's new civil union law from taking effect in January. Beck, Byron
Domestic Partner Decision: Revisiting Old Wounds?
''
Willamette Week ''Willamette Week'' (''WW'') is an alternative weekly newspaper and a website published in Portland, Oregon, United States, since 1974. It features reports on local news, politics, sports, business, and culture. History Early history '' ...
'', December 31, 2007.
This was in response to a legal challenge by a group that had attempted to place a referendum on the November 2008 ballot to block the civil union law that had been passed by the
Oregon Legislative Assembly The Oregon Legislative Assembly is the State legislature (United States), state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper house, upper and lower chamber: the Oregon State Senate, Sena ...
. The legal issue centered on how the
Oregon Secretary of State The secretary of state of Oregon, an elected constitutional officer within the executive branch of the government of the U.S. state of Oregon, is first in the line of succession to the List of Governors of Oregon, governor. The duties of the offi ...
verified signatures on petitions.


Carter Page Warrant

In 2017, Mosman approved renewal of a
FISA Court The United States Foreign Intelligence Surveillance Court (FISC), also called the FISA Court, is a U.S. federal court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants aga ...
warrant for
Carter Page Carter William Page (born June 3, 1971) is an American petroleum industry consultant and a former foreign-policy adviser to Donald Trump during his 2016 presidential election campaign. Page is the founder and managing partner of Global Energy C ...
, a former adviser to the 2016 Trump Campaign. In July 2018, the warrant application was released publicly, marking the first time FISA warrant application materials were made public. The heavily redacted, 412-page application cites many sources, including confidential informants. Among those many sources, the application cites the
Steele dossier The Steele dossier, also known as the Trump–Russia dossier, is a controversial political opposition research report on the Donald Trump 2016 presidential campaign, 2016 presidential campaign of Donald Trump compiled by counterintelligen ...
, leading a legal commentator to criticize the basis of the warrant.


Kawhi Leonard v. Nike Inc

In April, 2020, Mosman granted
Nike Nike often refers to: * Nike, Inc., a major American producer of athletic shoes, apparel, and sports equipment * Nike (mythology), a Greek goddess who personifies victory Nike may also refer to: People * Nike (name), a surname and feminine giv ...
's motion dismissing
Kawhi Leonard Kawhi Anthony Leonard ( ; born June 29, 1991) is an American professional basketball player for the Los Angeles Clippers of the National Basketball Association (NBA). A two-time NBA champion, he is a six-time NBA All-Star, All-Star and a six- ...
's copyright claims over a disputed logo, writing ::"It's not merely a derivative work of the sketch itself...I do find it to be new and significantly different from the design."


Oregon restraining order against Department of Homeland Security (2020)

In July 2020, the Oregon Attorney General,
Ellen Rosenblum Ellen F. Rosenblum (born January 6, 1951) is an American lawyer and politician who served as the 17th Oregon Attorney General from June 2012 to December 2024. She is the first female state attorney general in Oregon's history, and previously wa ...
, requested a restraining order based on the detainment actions of Department of Homeland Security and Customs and Border Patrol personnel. The AG alleged that unmarked federal agents had unlawfully detained protesters in
Portland Portland most commonly refers to: *Portland, Oregon, the most populous city in the U.S. state of Oregon *Portland, Maine, the most populous city in the U.S. state of Maine *Isle of Portland, a tied island in the English Channel Portland may also r ...
without probable cause. Mosman rejected the request for a restraining order, stating that "because it has not shown it is vindicating an interest that is specific to the state itself — I find the State of Oregon lacks standing here and therefore deny its request for a temporary restraining order".


Miss America

In 2021, Mosman dismissed a lawsuit challenging the
Miss United States Miss United States is a pageant held in the United States for unmarried women between the ages of 20 and 29. The pageant includes women selected to represent all 50 states, District of Columbia, American Samoa, Guam, Commonwealth of the Northe ...
of America pageant's rules that dictate that their contestants be “natural females.”


Recognition

* In 2018, Mosman received the Alumni Achievement Award from BYU's J. Reuben Clark Law School, entitled "How Not To Be stupid" * As part of the Spirit and the Law Series at BYU, Mosman gave a talk on conflict and confrontation in the law


Personal life

Mosman is married to the former Suzanne Cannon Hogan, and they have five children. He is a member of
the Church of Jesus Christ of Latter-day Saints The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a Nontrinitarianism, nontrinitarian Restorationism, restorationist Christianity, Christian Christian denomination, denomination and the ...
.


See also

*
List of law clerks of the Supreme Court of the United States (Seat 1) A list is a set of discrete items of information collected and set forth in some format for utility, entertainment, or other purposes. A list may be memorialized in any number of ways, including existing only in the mind of the list-maker, bu ...


References


External links

*
Oregon BenchmarksCases filed by MosmanRuling in ''Lemons v. Bradbury''
{{DEFAULTSORT:Mosman, Michael Wise 1956 births Living people Utah State University alumni J. Reuben Clark Law School alumni Brigham Young University–Idaho alumni Law clerks of the Supreme Court of the United States American Latter Day Saints Lawyers from Eugene, Oregon Lawyers from Portland, Oregon People from Lewiston, Idaho United States attorneys for the District of Oregon Judges of the United States District Court for the District of Oregon United States district court judges appointed by George W. Bush Assistant United States attorneys Judges of the United States Foreign Intelligence Surveillance Court