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Thomas Elliot Gaiser (born September 6, 1989) is an American attorney who has served as the
solicitor general of Ohio The Solicitor General of Ohio, Ohio Solicitor General, State Solicitor of Ohio, or Ohio State Solicitor is the top appellate solicitor or lawyer for the U.S. state of Ohio. It is an appointed position in the Office of the Ohio Attorney General ...
since 2023. Gaiser studied political economy and speech studies at
Hillsdale College Hillsdale College is a Private university, private, Conservatism in the United States, conservative, Christian liberal arts college in Hillsdale, Michigan, United States. It was founded in 1844 by members of the Free Will Baptists. Women were admi ...
, where he was a conservative blogger and podcaster. He later attended the
University of Chicago Law School The University of Chicago Law School is the Law school in the United States, law school of the University of Chicago, a Private university, private research university in Chicago, Illinois. It employs more than 180 full-time and part-time facul ...
and clerked for several judges, including Edith H. Jones of the
United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is one of the 13 United States courts of appeals. It has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: ...
and Neomi Rao of the Court of Appeals for the District of Columbia Circuit. Gaiser clerked for
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
associate justice
Samuel Alito Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American jurist who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. He was Samuel Alito Supreme Court ...
in the 2021–2022 term. He was involved in efforts to overturn the 2020 presidential election. In October 2023,
Dave Yost David Anthony Yost (born December 22, 1956) is an American politician and lawyer who has served as the 51st attorney general of Ohio since 2019. A member of the Republican Party, Yost previously served as the state auditor of Ohio from 2011 to ...
, the
Attorney General of Ohio The Ohio attorney general is the chief legal officer of the state of Ohio in the United States. The office is filled by general election, held every four years. The Ohio attorney general is Republican Dave Yost. History The office of the att ...
, named Gaiser as the state's solicitor general. In April 2025, president
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
named Gaiser as his nominee for
United States assistant attorney general Many of the divisions and offices of the United States Department of Justice (DOJ) are headed by an assistant attorney general. The president of the United States appoints individuals to the position of assistant attorney general with the adv ...
for the
Office of Legal Counsel The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that supports the attorney general in their role as legal adviser to the president and all executive branch agencies. It drafts legal opinions of the atto ...
.


Early life and education (1989–2016)

Thomas Elliot Gaiser was born on September 6, 1989, in
Cleveland Cleveland is a city in the U.S. state of Ohio and the county seat of Cuyahoga County. Located along the southern shore of Lake Erie, it is situated across the Canada–U.S. maritime border and approximately west of the Ohio-Pennsylvania st ...
,
Ohio Ohio ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...
. In high school, he participated in speech and debate. Gaiser graduated from
Hillsdale College Hillsdale College is a Private university, private, Conservatism in the United States, conservative, Christian liberal arts college in Hillsdale, Michigan, United States. It was founded in 1844 by members of the Free Will Baptists. Women were admi ...
in 2012 with a degree in political economy and speech studies. At Hillsdale, he was a conservative podcaster and was involved in the
students' union A students' union or student union, is a student organization present in many colleges, universities, and high schools. In higher education, the students' union is often accorded its own building on the campus, dedicated to social, organizat ...
. Gaiser was a four-time finalist of the Edward Everett Oratory Contest. He interned for
The Heritage Foundation The Heritage Foundation (or simply Heritage) is an American Conservatism in the United States, conservative think tank based in Washington, D.C. Founded in 1973, it took a leading role in the conservative movement in the 1980s during the Presi ...
and Liberty Central, a political advocacy group founded by
Ginni Thomas Virginia "Ginni" Thomas ( Lamp; born February 23, 1957) is an American lawyer and conservative activist. In 1987, she married Clarence Thomas, who became an associate justice of the Supreme Court of the United States in 1991. Her conservative co ...
, the wife of
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
associate justice
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American lawyer and jurist who has served since 1991 as an associate justice of the Supreme Court of the United States. President George H. W. Bush nominated him to succeed Thurgood Marshall. Afte ...
, and wrote for ''
The Daily Caller ''The Daily Caller'' is a right-wing news and opinion website based in Washington, D.C. It was founded by political commentator Tucker Carlson and political advisor Neil Patel in 2010. Launched as a "conservative answer to ''The Huffington ...
'', RealClearPolicy, ''
The Orange County Register ''The Orange County Register'' is a paid daily List of newspapers in California, newspaper published in California. The ''Register'', published in Orange County, California, is owned by the private equity firm Alden Global Capital via its Digit ...
'',
The Daily Signal The Daily Signal is an American conservative news and commentary website founded in June 2014. It focuses on politics, policy, and culture and offers political commentary from a conservative perspective. The Daily Signal was a project of the H ...
, ''
The American Spectator ''The American Spectator'' is a conservative American magazine covering news and politics, edited by R. Emmett Tyrrell Jr. and published by the non-profit American Spectator Foundation. It was founded in 1967 by Tyrrell (the current editor-in ...
'',
PJ Media PJ Media, originally known as Pajamas Media, is an American right-wing subscription-based commentary website. It was founded in 2004, with its majority owner being software entrepreneur, billionaire and angel investor Aubrey Chernick, founder o ...
, and ''
The Federalist ''The Federalist Papers'' is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The col ...
''. He was in Hillsdale's journalism program and served as the opinions editor of '' The Collegian'' his senior year. In addition, Gaiser was the president of Hillsdale's chapter of Students for Free Enterprise. After graduating from Hillsdale College, Gaiser worked for Altus Technologies Corporation for five months. He later attended the
Ohio State University Moritz College of Law The Michael E. Moritz College of Law is the Law school in the United States, law school of Ohio State University, a public university, public Land-grant university, land-grant research university in Columbus, Ohio. Founded in 1891, the school is ...
, transferring into the
University of Chicago Law School The University of Chicago Law School is the Law school in the United States, law school of the University of Chicago, a Private university, private research university in Chicago, Illinois. It employs more than 180 full-time and part-time facul ...
after a year. In law school, he worked for
Cleary Gottlieb Steen & Hamilton Cleary Gottlieb Steen & Hamilton LLP (known as Cleary Gottlieb), formerly Cleary, Gottlieb, Friendly & Cox and Cleary, Gottlieb, Friendly, Steen & Hamilton, is an American multinational law firm headquartered at One Liberty Plaza in New York Cit ...
, later working appellate cases for the office of the Ohio solicitor general, including
Ohio Supreme Court The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, ...
cases. Before graduating, Gaiser externed for judge
Alice M. Batchelder Alice M. Moore Batchelder (born August 15, 1944) is an American attorney and jurist. She is currently a Senior status, senior United States federal judge, United States circuit judge of the United States Court of Appeals for the Sixth Circuit. She ...
of the
United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of K ...
. He graduated from the
University of Chicago The University of Chicago (UChicago, Chicago, or UChi) is a Private university, private research university in Chicago, Illinois, United States. Its main campus is in the Hyde Park, Chicago, Hyde Park neighborhood on Chicago's South Side, Chic ...
in 2016.


Career


Clerkships and legal work (2016–2022)

After graduating from the University of Chicago, Gaiser clerked for judge Edith H. Jones of the
United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is one of the 13 United States courts of appeals. It has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: ...
for the 2016–2017 term. By November 2017, he had begun working at
Gibson Dunn Gibson, Dunn & Crutcher LLP is an American multinational law firm headquartered in Los Angeles, California. Founded in 1890, the firm has more than 1,900 attorneys and 1,000 staff in 21 offices across the world, including North America, Europe, ...
. Gaiser was later a clerk for judge Neomi Rao of the Court of Appeals for the District of Columbia Circuit. By December 2020, he had worked at Boyden Gray & Associates. In July 2021, Gaiser began serving as a clerk to
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
associate justice
Samuel Alito Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American jurist who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. He was Samuel Alito Supreme Court ...
for the 2021–2022 term. In September 2022, Gaiser returned to
Hillsdale College Hillsdale College is a Private university, private, Conservatism in the United States, conservative, Christian liberal arts college in Hillsdale, Michigan, United States. It was founded in 1844 by members of the Free Will Baptists. Women were admi ...
to co-teach a one week, one-credit course on constitutional interpretation.
Jones Day Jones Day is an American multinational law firm based in Washington, D.C. As of 2023, it is one of the largest law firms in the United States, with 2,302 attorneys, and among the highest-grossing in the world with revenues of $2.5 billion. Foun ...
named Gaiser as an associate in December.


Efforts to overturn the 2020 presidential election (2020–2021)

In 2020, Gaiser worked as legal counsel for
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
's 2020 presidential campaign. In her deposition before the House Select Committee on the January 6 Attack, White House press secretary
Kayleigh McEnany Kayleigh Michelle McEnany (; born April 18, 1988) is an American conservative political commentator, television personality, and writer who served as the 33rd White House press secretary under Donald Trump from April 2020 to January 2021. Ear ...
testified that she considered him an expert on constitutional law. Gaiser worked on election litigation after the 2020 presidential election and produced a document that alleged fraud by multiple state officials, including Kathryn Boockvar, the
secretary of the Commonwealth of Pennsylvania The secretary of the Commonwealth of Pennsylvania (or "Secretary of state (U.S. state government), secretary of state") administers the Pennsylvania Department of State of the U.S. state (officially, "Commonwealth (U.S. state), commonwealth") of ...
. He presented the document to Trump as material for his campaign speeches and consulted McEnany on messaging. According to McEnany, Gaiser "mentioned in passing" the theory that vice president
Mike Pence Michael Richard Pence (born June 7, 1959) is an American politician and lawyer who served as the 48th vice president of the United States from 2017 to 2021 under President Donald Trump. A member of the Republican Party (United States), Repub ...
could refuse to recognize electors from certain states.


Solicitor general of Ohio (2023–present)

On October 18, 2023,
Dave Yost David Anthony Yost (born December 22, 1956) is an American politician and lawyer who has served as the 51st attorney general of Ohio since 2019. A member of the Republican Party, Yost previously served as the state auditor of Ohio from 2011 to ...
, the
attorney general of Ohio The Ohio attorney general is the chief legal officer of the state of Ohio in the United States. The office is filled by general election, held every four years. The Ohio attorney general is Republican Dave Yost. History The office of the att ...
, named Gaiser as the state's solicitor general. He was sworn into office in November. In February 2025, Gaiser argued before the Supreme Court in '' Ames v. Ohio Department of Youth Services''. The Supreme Court issued a unanimous decision on June 5, 2025, rejecting Gaiser's position.


Assistant Attorney General for the Office of Legal Counsel (2025–present)

On April 1, 2025, ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' reported that Trump intended to nominate Gaiser as the
United States assistant attorney general Many of the divisions and offices of the United States Department of Justice (DOJ) are headed by an assistant attorney general. The president of the United States appoints individuals to the position of assistant attorney general with the adv ...
for the
Office of Legal Counsel The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that supports the attorney general in their role as legal adviser to the president and all executive branch agencies. It drafts legal opinions of the atto ...
. Trump officially announced his nomination the following day. He appeared before the Senate Committee on the Judiciary on May 21. The Committee on the Judiciary voted to advance Gaiser's nomination 12–10 along party lines on June 12.


References


Works cited


Books

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Articles

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Documents

* {{DEFAULTSORT:Gaiser, Elliot Lawyers from Cleveland Solicitors general of Ohio Donald Trump attorneys Hillsdale College alumni Ohio State University Moritz College of Law alumni University of Chicago Law School alumni