Peter D. Keisler
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Peter Douglas Keisler (born October 13, 1960) is an American lawyer whose 2006 nomination by
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 ...
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 ...
to 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, ...
became embroiled in partisan controversy. He is a partner at the firm of
Sidley Austin Sidley Austin LLP is an American multinational corporation, multinational law firm with approximately 2,300 lawyers in 21 offices worldwide. It was established in 1866 and its headquarters is at One South Dearborn in Chicago's Chicago Loop, Loo ...
in
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 ...
, and used to be the
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 ...
in charge of the Civil Division at the
U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the U.S. government that oversees the domestic enforcement of federal laws and the administration of justice. It is equi ...
. Upon the resignation of
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
Alberto Gonzales Alberto R. Gonzales (born August 4, 1955) is an American lawyer who served as the 80th United States Attorney General from 2005 to 2007 and was the highest-ranking Hispanic American in executive government in American history until the appoin ...
, until November 9, 2007, he was also the Acting
Attorney General of the United States The United States attorney general is the head of the United States Department of Justice and serves as the chief law enforcement officer of the federal government. The attorney general acts as the principal legal advisor to the president of the ...
.


Background

Keisler was born in
Hempstead, New York The Town of Hempstead is the largest of the three towns in Nassau County (alongside North Hempstead and Oyster Bay) on Long Island, in New York, United States. The town's combined population was 793,409 at the 2020 census. It occupies the s ...
. A 1977 graduate from
George W. Hewlett High School George W. Hewlett High School (also known as Hewlett High School, or HHS, and replacing Woodmere High School) is a four-year public high school in Hewlett Bay Park, New York, United States. Located in the Five Towns area of Long Island, it is the ...
in
Long Island Long Island is a densely populated continental island in southeastern New York (state), New York state, extending into the Atlantic Ocean. It constitutes a significant share of the New York metropolitan area in both population and land are ...
, he went to
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 ...
both for undergraduate and law school. As an undergraduate, Keisler was the Chairman of the
Party of the Right (Yale) The Yale Political Union (YPU) is a debate society at Yale University, founded in 1934 by Alfred Whitney Griswold. It was modeled on the Cambridge Union and Oxford Union and the party system of the defunct Yale Unions of the late nineteenth and ...
and the Speaker of the
Yale Political Union The Yale Political Union (YPU) is a debate society at Yale University, founded in 1934 by Alfred Whitney Griswold. It was modeled on the Cambridge Union and Oxford Union and the party system of the defunct Yale Unions of the late nineteenth an ...
. He graduated ''magna cum laude'' from Yale College in 1981 and then entered
Yale Law School Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
. In 1982, he helped to co-found the
Federalist Society The Federalist Society for Law and Public Policy Studies (FedSoc) is an American Conservatism in the United States, conservative and Libertarianism in the United States, libertarian legal organization that advocates for a Textualism, textualist an ...
, a conservative thinktank. He received his J.D. in 1985. After law school, Keisler clerked for Judge
Robert Bork Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American legal scholar who served as solicitor general of the United States from 1973 until 1977. A professor by training, he was acting United States Attorney General and a judge on ...
on the D.C. Circuit from 1985 to 1986. After this clerkship, he joined 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 ...
under President
Ronald Reagan Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...
. There, he worked on the failed
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 ...
nomination of his former boss,
Robert Bork Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American legal scholar who served as solicitor general of the United States from 1973 until 1977. A professor by training, he was acting United States Attorney General and a judge on ...
, and then on successful Supreme Court nomination of
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American attorney and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Pres ...
. Afterward, Keisler served as a clerk for Justice Kennedy in 1988. One of his fellow clerks during that year was
Miguel Estrada Miguel Angel Estrada Castañeda (born September 25, 1961) is a Honduran-American attorney who became embroiled in controversy following his 2001 nomination by President George W. Bush to the United States Court of Appeals for the District of Colu ...
, another conservative nominee to the D.C. Circuit whose nomination was controversially
filibuster A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent a decision. It is sometimes referred to as "talking a bill to death" or "talking ...
ed by the Democrats in 2003. After finishing his Supreme Court clerkship, Keisler became a partner in the Washington, D.C. office of
Sidley Austin Sidley Austin LLP is an American multinational corporation, multinational law firm with approximately 2,300 lawyers in 21 offices worldwide. It was established in 1866 and its headquarters is at One South Dearborn in Chicago's Chicago Loop, Loo ...
. He specialized in general and appellate litigation and telecommunications law, and argued before the U.S. Supreme Court and numerous federal Courts of Appeals. In 2002, he left his job in order to join the
Department of Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
. He joined the Department on June 24, 2002, as the Principal Deputy Associate Attorney General and Acting Associate Attorney General. Peter Keisler was sworn in as the Civil Division's Assistant Attorney General on July 1, 2003. Keisler was involved in defending the Bush Administration's policies in the Global War on Terror. He has also represented the government in defense of laws protecting access to abortion clinics and imposing requirements on telemarketing companies. In probably the most well-known case he handled, Keisler argued on behalf of the government in ''
Hamdan v. Rumsfeld ''Hamdan v. Rumsfeld'', 548 U.S. 557 (2006), is a United States Supreme Court case in which the Court held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Milit ...
'' in the D.C. Circuit and participated in both the case's appellate and Supreme Court briefs. In addition, he personally led the team that responded to a legal appeal by
Sabin Willett Peter Sabin Willett, known as Sabin Willett, (born March 6, 1957) is an American lawyer and novelist, a partner with the Philadelphia-based law firm Morgan, Lewis & Bockius, formerly a partner at Bingham McCutchen. He lives near Boston, Massachuse ...
, the lawyer for the seventeen remaining
Uyghur captives in Guantanamo Starting in 2002, the American government detained 22 Uyghurs in the Guantanamo Bay detainment camp. The last 3 Uyghur detainees, Yusef Abbas, Hajiakbar Abdulghupur and Saidullah Khali, were released from Guantanamo on December 29, 2013, and lat ...
, that tested the use of a provision of the
Detainee Treatment Act The Detainee Treatment Act of 2005 (DTA) is an Act of the United States Congress that was signed into law by President George W. Bush on December 30, 2005. Offered as an amendment to a supplemental defense spending bill, it contains provisions ...
in terms of whether or not captives could challenge the rulings of their
Combatant Status Review Tribunal The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as " enemy combatants". The CSRTs were establi ...
s. On September 6, 2007, Keisler announced his resignation from the Department of Justice in order to "spend time with his family." On September 17, 2007, President Bush announced that Keisler had agreed to remain at the Department of Justice as Acting Attorney General until the Senate confirmation of a new Attorney General; Bush also announced the nomination of
Michael Mukasey Michael Bernard Mukasey (; born July 28, 1941) is an American lawyer and jurist who served as the 81st Attorney General of the United States from 2007 to 2009 and as a U.S. district judge of the U.S. District Court for the Southern District of N ...
for
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
at the same time.


D.C. Circuit nomination under Bush

Originally, Keisler, a resident of
Bethesda, Maryland Bethesda () is an unincorporated, census-designated place in southern Montgomery County, Maryland, United States. Located just northwest of Washington, D.C., it is a major business and government center of the Washington metropolitan region ...
and a practising lawyer in
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 ...
, was considered for a Maryland seat on the U.S. Court of Appeals for the Fourth Circuit during the spring of 2001. Maryland's two Democratic senators,
Paul Sarbanes Paul Spyros Sarbanes (; February 3, 1933 – December 6, 2020) was an American politician and attorney from Maryland. A member of the Democratic Party (United States), Democratic Party, he served in both chambers of the United States Congr ...
and
Barbara Mikulski Barbara Ann Mikulski ( ; born July 20, 1936) is an American politician and social worker who served as a United States senator from Maryland from 1987 to 2017. A member of the Democratic Party (United States), Democratic Party, she also served i ...
, however, blocked the White House from making the nomination on the grounds that Keisler did not have strong enough ties to the Maryland legal community. Keisler was later nominated for a position on 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. courts of appeals, ...
on June 29, 2006 by 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 ...
to fill a seat vacated by
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American jurist serving since 2005 as the 17th chief justice of the United States. He has been described as having a Moderate conservatism, moderate conservative judicial philosophy, thoug ...
, whom Bush appointed
Chief Justice of the United States The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Appointments Clause, Article II, Section 2, Clause 2 of the U.S. Constitution g ...
in 2005. At the time, the 109th Senate was controlled by the Republican Party. On August 1, 2006, he received a hearing before the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
. The Senate on September 29, 2006 returned the nomination to the President without acting on it, prior to adjourning for the 2006 elections, on September 30, 2006. After the 2006 midterm congressional elections (in which the Democrats reclaimed control of the Senate), President Bush renominated Keisler on November 15, 2006. The Senate returned the nomination to Bush on December 9, 2006 without acting on the nomination, before the
109th Congress The 109th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives, from January 3, 2005, to January 3, 2007, du ...
's final adjournment. President Bush renominated Keisler on January 9, 2007 for consideration by the Senate during the
110th Congress The 110th United States Congress was a meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009, during the last two years of the Presidency of George W. Bush. It was composed of ...
. The Democratic leadership of the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
, however, refused to act on the nomination. It was reported at the time that the Democrats in the Senate did not want to confirm Keisler for four basic reasons. First, he was a co-founder of the
Federalist Society The Federalist Society for Law and Public Policy Studies (FedSoc) is an American Conservatism in the United States, conservative and Libertarianism in the United States, libertarian legal organization that advocates for a Textualism, textualist an ...
, a conservative legal group which many Democrats saw as seeking to control the federal judiciary. He had been on its board of directors from 1983 until 2000. Second, he clerked for
Robert Bork Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American legal scholar who served as solicitor general of the United States from 1973 until 1977. A professor by training, he was acting United States Attorney General and a judge on ...
, a controversial Republican judge whose nomination to the Supreme Court was embroiled in controversy before being rejected in 1987 by a Senate controlled by the Democrats. Third, during Keisler's tenure at the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
, he was instrumental in defending some of the most controversial policies of Republican 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 ...
concerning the Global War on Terror. Finally, he was seen as being a possible Republican contender to the
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 ...
.


Current life

On March 18, 2008, it was announced that Keisler would be returning to his former position as a partner of
Sidley Austin Sidley Austin LLP is an American multinational corporation, multinational law firm with approximately 2,300 lawyers in 21 offices worldwide. It was established in 1866 and its headquarters is at One South Dearborn in Chicago's Chicago Loop, Loo ...
as a global coordinator of the firm's appellate practice in its Washington, D.C. office. On October 21, 2008, Sidley Austin announced that Keisler would be joining the firm's Executive Committee, the committee that exercises general authority over the affairs of the firm. Keisler and his wife, Susan, have three children; Sydelle, Alexander, and Philip. Philip formerly played
ultimate frisbee Ultimate frisbee (officially simply called ultimate) is a non-contact team sport played with a disc flung by hand. Ultimate was developed in 1968 by Joel Silver, Buzzy Hellring, and Jonny Hines in Maplewood, New Jersey. Although ultimate rese ...
for
Washington University in St. Louis Washington University in St. Louis (WashU) is a private research university in St. Louis, Missouri, United States. Founded in 1853 by a group of civic leaders and named for George Washington, the university spans 355 acres across its Danforth ...
.


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 ...
* George W. Bush judicial appointment controversies * George W. Bush Supreme Court candidates


References


External links


U.S. Department of Justice resume




* * McLure, Jaso
"Has Time Softened D.C. Circuit Nominee Peter Keisler's Partisan Edges?"
''Legal Times.'' August 21, 2006.

, - , - {{DEFAULTSORT:Keisler, Peter Douglas 1960 births Dismissal of U.S. attorneys controversy George W. Bush administration personnel George W. Hewlett High School alumni Law clerks of the Supreme Court of the United States Living people New York (state) Republicans People from The Five Towns, New York United States assistant attorneys general for the Civil Division United States associate attorneys general Yale Law School alumni Maryland Republicans People associated with Sidley Austin