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Richard J. Leon (born December 3, 1949) 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 of the
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District ...
.


Early life and education

Leon was born in South Natick,
Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
, in 1949. He is the son of Silvano B. Leon and Rita M. Leon, née O'Rorke. His paternal grandparents were immigrants from
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of th ...
who settled in
Framingham, Massachusetts Framingham () is a city in the Commonwealth of Massachusetts in the United States. Incorporated in 1700, it is located in Middlesex County and the MetroWest subregion of the Greater Boston metropolitan area. The city proper covers with a pop ...
. He received his
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four yea ...
degree from
College of the Holy Cross The College of the Holy Cross is a private, Jesuit liberal arts college in Worcester, Massachusetts, about 40 miles (64 km) west of Boston. Founded in 1843, Holy Cross is the oldest Catholic college in New England and one of the oldest in ...
in 1971, where he played varsity lacrosse and was a classmate of future
Supreme Court Associate Justice An associate justice of the Supreme Court of the United States is any member of the Supreme Court of the United States other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 1 ...
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
. He received his
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice l ...
from
Suffolk University Law School Suffolk University Law School (also known as Suffolk Law School) is the private, non-sectarian law school of Suffolk University located in downtown Boston, Massachusetts, across the street from the Boston Common and the Freedom Trail, two blocks ...
in 1974.


Legal career

Leon served as a
law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
to the justices of the
Massachusetts Superior Court The Massachusetts Superior Court (also known as the Superior Court Department of the Trial Court) is a trial court department in Massachusetts. The Superior Court has original jurisdiction in civil actions over $50,000, and in matters where equit ...
from 1974 to 1975 and to Thomas F. Kelleher of the
Rhode Island Supreme Court The Rhode Island Supreme Court is the court of last resort in the U.S. State of Rhode Island. The Court consists of a Chief Justice and four Associate Justices, all selected by the Governor of Rhode Island from candidates vetted by the Judicial N ...
from 1975 to 1976. Leon was an attorney for the
Immigration and Naturalization Service The United States Immigration and Naturalization Service (INS) was an agency of the U.S. Department of Labor from 1933 to 1940 and the U.S. Department of Justice from 1940 to 2003. Referred to by some as former INS and by others as legacy INS ...
of the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...
from 1976 to 1977 and a Special
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 go ...
in the office of the United States Attorney for the Southern District of New York working in the Civil Division from 1977 to 1978. Leon received his
Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mo ...
from
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each c ...
in 1981. Leon was an assistant professor of law at
St. John's University School of Law St. John's University School of Law is a Roman Catholic law school in Jamaica, Queens, New York, United States, affiliated with St. John's University. The School of Law was founded in 1925, and confers Juris Doctor degrees and degrees for Maste ...
from 1979 to 1983 and a senior trial attorney in the United States Department of Justice from 1983 to 1987. Leon served as deputy chief minority counsel on the Select Committee to Investigate Covert Arms Transactions with Iran of the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
, which investigated the Iran-Contra affair, from 1987 to 1988. Leon was appointed Deputy
Assistant Attorney General Many of the divisions and offices of the United States Department of Justice are headed by an assistant attorney general. The president of the United States appoints individuals to the position of assistant attorney general with the advice and ...
and served from 1988 to 1989, when he entered private practice in Washington, D.C., first with
Baker & Hostetler BakerHostetler is an American law firm founded in 1916. One of the firm's founders, Newton D. Baker, was U.S. Secretary of War during World War I, and former Mayor of Cleveland, Ohio. History , the firm was ranked the 73rd-largest law firm in ...
from 1989 to 1999 and then with Vorys, Sater, Seymour and Pease from 1999 to 2002, when he was appointed to the district court. Leon was a member of the
President's Commission on White House Fellowships The White House Fellows program is a federal fellowship program established via Executive Order by President of the United States Lyndon B. Johnson in October 1964, based upon a suggestion from John W. Gardner, then the president of Carnegie Cor ...
from 1990 to 1993. Leon was appointed chief minority counsel on the October Surprise Task Force of the
House Foreign Affairs Committee The United States House Committee on Foreign Affairs, also known as the House Foreign Affairs Committee, is a standing committee of the U.S. House of Representatives with jurisdiction over bills and investigations concerning the foreign affairs o ...
from 1992 to 1993. He served as special counsel to the House Financial Services Committee in 1994. He is an adjunct professor at
The George Washington University Law School The George Washington University Law School (GW Law) is the law school of George Washington University, in Washington, D.C. Established in 1865, GW Law is the oldest top law school in the national capital. GW Law offers the largest range of cour ...
and the
Georgetown University Law Center The Georgetown University Law Center (Georgetown Law) is the law school of Georgetown University, a private research university in Washington, D.C. It was established in 1870 and is the largest law school in the United States by enrollment and ...
.


Federal judicial service

Leon was nominated to the
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District ...
by George W. Bush on September 10, 2001, to the seat vacated by
Norma Holloway Johnson Norma Holloway Johnson (July 28, 1932 – September 18, 2011), born Normalie Loyce Holloway, was a former United States federal judge, United States district judge who served as the Chief judge (United States), chief judge of the United States Dis ...
. Confirmed by the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
on February 14, 2002, he received his judicial commission five days later. He assumed
senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
on December 31, 2016.


Guantanamo Bay

Leon was responsible for adjudicating the
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, ...
petitions of several dozen captives held at the
Guantanamo Bay detention camp The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Gua ...
. '' Boumediene v. Bush'', which was eventually considered by the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, was first heard by Leon. By August 28, 2008, Leon had 24 cases assigned to him. The Associated Press reported Leon hoped to resolve those cases before the presidential inauguration in 2009 and was concerned that the public and the detainees will be barred from observing the hearings: "If it can't be done, I have great concern that these hearings will be virtually or exclusively classified, closed to the public and, I might add, to the detainees." During a hearing on October 23, 2008, Leon commented on the ambiguity of the term "
enemy combatant Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
" and criticized Congress and the Supreme Court: "We are here today, much to my dismay, I might add, to deal with a legal question that in my judgment should have been resolved a long time ago. I don't understand, I really don't, how the Supreme Court made the decision it made and left that question open... I don't understand how the Congress could let it go this long without resolving." On November 20, Leon ordered five detainees released from
Guantanamo Bay Naval Base Guantanamo Bay Naval Base ( es, Base Naval de la Bahía de Guantánamo), officially known as Naval Station Guantanamo Bay or NSGB, (also called GTMO, pronounced Gitmo as jargon by members of the U.S. military) is a United States military bas ...
due to insufficient evidence. In December 2008, Leon denied
Moath Hamza Ahmed al Alawi Moath Hamza Ahmed al-Alwi is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His detainee ID number is 28. Guantanamo analysts estimated he was born in 1977, in Bajor, Yemen. Al ...
's habeas corpus petition, finding the enemy combatant's detention was lawful under the
Authorization for Use of Military Force of 2001 The Authorization for Use of Military Force (AUMF) (, ) is a joint resolution of the United States Congress which became law on September 18, 2001, authorizing the use of the United States Armed Forces against those responsible for the September ...
. In February 2017, Leon denied another habeas corpus petition from al Alawi, rejecting the detainee's claim that the war's hostilities had ceased.


NSA metadata collection unconstitutional

On December 16, 2013, Leon ruled that the
NSA The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). The NSA is responsible for global monitoring, collec ...
's bulk collection of Americans' telephony records likely violated the
Fourth Amendment to the United States Constitution The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge o ...
, though he stayed enforcement of his injunction pending appeal to the
D.C. 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. federal appellate cou ...
. Excerpts from his decision are as follows:


Other notable cases

In January 2010, Leon preliminarily
enjoined An injunction is a legal remedy, legal and equitable remedy in the form of a special court order that compels a party (law), party to do or refrain from specific acts. ("The United States courts of appeals, court of appeals ... has exclusive ju ...
the
Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food ...
from blocking the importation of
electronic cigarettes An electronic cigarette is an electronic device that simulates tobacco smoking. It consists of an atomizer, a power source such as a battery, and a container such as a cartridge or tank. Instead of smoke, the user inhales vapor. As such ...
. In 2010 he threw out the charges in an obscenity case against director
John Stagliano John Stagliano (born November 29, 1951), also known as Buttman, is an American entrepreneur, former pornographic film actor, producer and director who founded and owns the Evil Angel pornographic film studio. Early life and career Stagliano ...
: "I hope the government will learn a lesson from its experience", calling the Justice Department's prosecution "woefully insufficient". On November 7, 2011, Leon issued a preliminary injunction against the U.S.
Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food ...
for ordering graphic images on cigarette packs. On February 29, 2012, Leon's final ruling held that the graphic images and statements violated the commercial right to free speech. On September 1, 2011, Leon approved Assistant Attorney General
Christine A. Varney Christine A. Varney (born December 17, 1955) is an American antitrust attorney who served as the U.S. assistant attorney general of the Antitrust Division for the Obama Administration and as a Federal Trade commissioner in the Clinton Administra ...
's agreement allowing the
acquisition of NBC Universal by Comcast The acquisition of NBCUniversal by Comcast was announced on December 3, 2009, and was completed on March 19, 2013. The acquisition of NBCUniversal by Comcast included the Universal Pictures film and television studio, the National Broadcasting C ...
. On January 2, 2013, Leon ruled that a memo linking the
Palestinian Authority The Palestinian National Authority (PA or PNA; ar, السلطة الوطنية الفلسطينية '), commonly known as the Palestinian Authority and officially the State of Palestine,
(PA) to a suicide bombing that killed two American teenagers and one Israeli teen be returned to the PA or destroyed. The memo had been inadvertently turned over to attorneys for the families of the victims in a lawsuit over the killings. In a motion for a stay of Leon's order, lawyers for the plaintiffs said if they returned or destroyed the memo, "this critically important evidence of murder will likely be lost forever." On May 17, 2016, Judge Leon ruled the Washington, DC handgun carry unconstitutional. He struck down the District requirement that an applicant show "good reason" before a concealed carry permit would be issued. In August 2016 Leon issued a controversial stay concerning a long delayed light rail transit project in the suburban counties Maryland surrounding the District of Columbia called the
Purple Line (Maryland) The Purple Line is a light rail line being built to link several Maryland suburbs of Washington, D.C.: Bethesda, Silver Spring, College Park, and New Carrollton. Slated to open in 2026, the line will also enable riders to move between the ...
that required an additional Environmental Impact Statement for the project.
Larry Hogan Lawrence Joseph Hogan Jr. (born May 25, 1956) is an American politician and businessman serving as the 62nd governor of Maryland since 2015. A moderate member of the Republican Party, he was secretary of appointments under Maryland governor Bo ...
, the Governor of Maryland, cited a potential conflict of interest in Judge Leon's rulings based on his close relationship with the Columbia Country Club that is affected by the transit project's route. On January 4, 2018, Leon denied a request by
Fusion GPS Fusion GPS is a commercial research and strategic intelligence firm based in Washington, D.C. The company conducts open-source investigations and provides research and strategic advice for businesses, law firms and investors, as well as for ...
to block the
House Intelligence Committee The United States House Permanent Select Committee on Intelligence (HPSCI), also known as the House Intelligence Committee, is a committee of the United States House of Representatives, currently chaired by Adam Schiff. It is the primary commi ...
from demanding bank records of 70 of the private investigative firm's transactions with law firms, journalists and contractors, ruling that the request "did not violate the company's First Amendment rights" to political speech and association. On June 12, 2018, Leon rejected all of Assistant Attorney General
Makan Delrahim Makan Delrahim (; born November 2, 1969) is an Iranian-American attorney and lobbyist. From 2017 to 2021, Delrahim served under President Donald Trump as Assistant Attorney General for the Department of Justice Antitrust Division. Early life a ...
's claims and refused to block the $85.4 billion merger of
AT&T AT&T Inc. is an American multinational telecommunications holding company headquartered at Whitacre Tower in Downtown Dallas, Texas. It is the world's largest telecommunications company by revenue and the third largest provider of mobile ...
and
Time Warner Warner Media, LLC ( traded as WarnerMedia) was an American multinational mass media and entertainment conglomerate. It was headquartered at the 30 Hudson Yards complex in New York City, United States. It was originally established in 1972 by ...
. On September 24, 2018, Leon dismissed the Electronic Frontier Foundation's constitutional challenge against the
Stop Enabling Sex Traffickers Act The FOSTA (Allow States and Victims to Fight Online Sex Trafficking Act) and SESTA (Stop Enabling Sex Traffickers Act) are the U.S. Senate and House bills that became law on April 11, 2018. They clarify the country's sex trafficking law to mak ...
(SESTA) in the case ''Woodhull Freedom Foundation, et al. v. U.S.'' based on lack of standing without ruling on the merits of the case. On appeal, 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. federal appellate co ...
reversed Leon's dismissal and remanded the case back for proceedings on the merits. On November 29, 2018, Leon raised concerns surrounding the recent close of a $68 billion merger between
CVS Health CVS Health Corporation (previously CVS Corporation and CVS Caremark Corporation) is an American healthcare company that owns CVS Pharmacy, a retail pharmacy chain; CVS Caremark, a pharmacy benefits manager; and Aetna, a health insurance pro ...
and Aetna Inc. after learning CVS closed its acquisition before obtaining court approval of an antitrust settlement the companies reached with the government. In expressing skepticism over the merger, Leon cited opposition from the
American Medical Association The American Medical Association (AMA) is a professional association and lobbying group of physicians and medical students. Founded in 1847, it is headquartered in Chicago, Illinois. Membership was approximately 240,000 in 2016. The AMA's sta ...
(AMA), which previously warned that the deal would lead to higher premium and out-of-pocket costs for patients purchasing drugs, as well as reduce the quality of health insurance. Leon chided the companies and the Justice Department for treating him like a “rubber stamp," complaining he was “being kept in the dark” about the closing of the merger. On February 15, 2019, Leon dismissed a lawsuit brought by the North American Butterfly Association against the
Department of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-ter ...
(DHS) seeking to prevent the building of a border wall through its
National Butterfly Center The National Butterfly Center is a private nature preserve operated by the North American Butterfly Association that serves as an outdoor butterfly conservatory. It is located adjacent to Bentsen-Rio Grande Valley State Park, near the city of M ...
, a 100-acre wildlife preserve in the
Rio Grande Valley The Lower Rio Grande Valley ( es, Valle del Río Grande), commonly known as the Rio Grande Valley or locally as the Valley or RGV, is a region spanning the border of Texas and Mexico located in a floodplain of the Rio Grande near its mouth. ...
in Texas. He said the Fourth Amendment against unreasonable searches and seizures "offers little refuge for unenclosed land near one of the country’s external borders" and that environmental review had been properly waived by the DHS. On July 19, 2019, Leon upheld the Trump administration's health insurance expansion that allowed companies to offer additional plans that do not meet the coverage requirements of the
Affordable Care Act The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Pres ...
. Judge Leon rejected the claim by the
Association for Community Affiliated Plans The Association for Community Affiliated Plans (ACAP) is a national trade association representing 80 nonprofit health plans. Headquartered in Washington, D.C., ACAP advocates on behalf of its community-affiliated member health plans operating t ...
that the move to authorize short-term coverage plans was a violation of the Administrative Procedure Act, and granted summary judgement to the government. The insurance companies plan to appeal. On December 30, 2019, the subject dismissed ''Charles M. Kupperman v United States House of Representatives, et al.'', a case, briefly, at the center of both the
Trump–Ukraine scandal The "Trump–Ukraine scandal" refers to efforts by U.S. President Donald Trump to coerce Ukraine and other countries into providing damaging narratives about 2020 Democratic Party presidential candidate Joe Biden, and giving misinformatio ...
and the impeachment proceedings against President Donald Trump which became moot due to the subpoenas being withdrawn.United States District Court for the District of Columbia. (30 December 2019). Memorandum Opinion. Case 1:19-cv-03224-RJL. ''Charles M. Kupperman v. United States House of Representatives et. al.'
Politico website
Retrieved 7 February 2020.


See also

* Timeline of investigations into Trump and Russia (2018) (disambiguation) *
Timeline of investigations into Trump and Russia (2019) The timeline of investigations into Donald Trump and Russia is split into the following pages: November 8, 2016–January 2017 * Timeline of post-election transition following Russian interference in the 2016 United States elections 2017 * Timel ...


References


External links

* {{DEFAULTSORT:Leon, Richard J. 1949 births 21st-century American judges 20th-century American lawyers College of the Holy Cross alumni Georgetown University Law Center faculty St. John's University (New York City) faculty United States Department of Justice lawyers Harvard Law School alumni Judges of the United States District Court for the District of Columbia Judges presiding over Guantanamo habeas petitions Living people Suffolk University Law School alumni United States district court judges appointed by George W. Bush Assistant United States Attorneys People from Natick, Massachusetts American people of Portuguese descent George Washington University Law School faculty People associated with BakerHostetler