Patrick F. Philbin is an American lawyer who served as Deputy Counsel to the President and Deputy Assistant to the President in the Office of White House Counsel in the Donald J. Trump administration. He previously served in the Department of Justice during the

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 ...

administration.

Academics

Philbin is a graduate of the Roxbury Latin School in Boston, Massachusetts. He holds a B.A. in History from

Yale University Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...

where he graduated ''

summa cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...

'' in 1989 and was a member of

Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States. It was founded in 1776 at the College of William & Mary in Virginia. Phi Beta Kappa aims to promote and advocate excellence in the liberal arts and sciences, ...

. He received his J.D. from

Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...

in 1992, ''

magna cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...

'', where he was executive editor of the ''

Harvard Law Review The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of ...

''. In addition, he received a Diploma in Legal Studies from the

University of Cambridge The University of Cambridge is a Public university, public collegiate university, collegiate research university in Cambridge, England. Founded in 1209, the University of Cambridge is the List of oldest universities in continuous operation, wo ...

in 1995.

Career

Philbin first served as a law clerk for Federal Appeals Court Judge Laurence Silberman. Next he worked as a clerk 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 ...

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 ...

. Following his clerkships, Philbin entered private practice in the

Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...

office of Kirkland & Ellis LLP. During the Bush Administration, Philbin served as a political appointee in the Department of Justice, first as a deputy assistant attorney general in 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 ...

from 2001 to 2003 and then as an associate deputy attorney general in the Office of the Deputy Attorney General from 2003 to 2005. Philbin was one of the lawyers who helped counsel

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...

Bush that as head of the United States' Government executive branch, the president had the authority to charge Guantanamo captives before military commissions (see the Legal opinions section of the Wikipedia article on John Yoo). During the Bush administration, Philbin reviewed the

Torture Memos A set of legal memoranda known as the "Torture Memos" (officially the Memorandum Regarding Military Interrogation of Alien Unlawful Combatants Held Outside The United States) were drafted by John Yoo as Deputy Assistant Attorney General of the ...

and raised concerns with

John Yoo John Choon Yoo (; born July 10, 1967) is a South Korean-born American legal scholar and former government official who serves as the Emanuel S. Heller Professor of Law at the University of California, Berkeley. Yoo became known for his legal opi ...

and Jay Bybee about their contents. An investigation by the Office of Professional Responsibility concluded that Philbin did not commit any professional misconduct and appropriately raised his concerns about the shortcomings of the Bybee opinion. According to

James Comey James Brien Comey Jr. (; born December 14, 1960) is an American lawyer who was the seventh director of the Federal Bureau of Investigation (FBI) from 2013 until Dismissal of James Comey, his termination in May 2017. Comey was a registered Repub ...

, Acting Attorney General at the time, Philbin was present in March 2004 when Comey rushed to

John Ashcroft John David Ashcroft (born May 9, 1942) is an American lawyer, Lobbying, lobbyist, and former politician who served as the 79th United States attorney general under President George W. Bush from 2001 to 2005. A Republican Party (United States), R ...

's hospital bed to try to prevent other Bush officialsWhite House Chief of Staff Andy Card and the man who was then White House counsel, Alberto Gonzalesfrom persuading the very sick Attorney General to reverse Comey's decision as Acting Attorney General to not approve renewal of the controversial warrantless wiretap program during the war on terror. Philbin was "one of the people who started the legal review of the spying program that concluded the program was illegal", and Comey testified that Philbin's career suffered for his support of Comey's intervention between Gonzales and Ashcroft; according to Comey,

Vice President A vice president or vice-president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vi ...

Dick Cheney Richard Bruce Cheney ( ; born January 30, 1941) is an American former politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He has been called vice presidency o ...

blocked Philbin's appointment to the position of Principal Deputy Solicitor General, denying him the honor of working on behalf of the government before the

. Philbin returned to private practice in 2005, returning as a partner to Kirkland & Ellis, where he focused on appellate litigation, complex litigation, and data security. In 2019, Philbin was appointed as Deputy Counsel to the President and Deputy Assistant to the President in the Office of White House Counsel in the Trump Administration. In 2020, he was appointed to the defense team that represented President Trump in the first Senate impeachment trial.

Academics

Career

See also

References

Further reading