Peter Douglas Keisler (born October 13, 1960) is an American lawyer whose 2006 nomination by
President George W. Bush to the
United States Court of Appeals for the District of Columbia Circuit became embroiled in partisan controversy. He is a partner at the firm of
Sidley Austin in
Washington, D.C., and used to be the
Assistant Attorney General in charge of the
Civil Division
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
at the
U.S. Department of Justice. Upon the resignation of
Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
Alberto Gonzales
Alberto R. Gonzales (born August 4, 1955) is an American lawyer who served as the 80th United States Attorney General, appointed in February 2005 by President George W. Bush, becoming the highest-ranking Hispanic American in executive governme ...
, until November 9, 2007, he was also the Acting
Attorney General of the United States
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
.
Background
Keisler was born in
Hempstead, New York. A 1977 graduate from
George W. Hewlett High School in
Long Island
Long Island is a densely populated island in the southeastern region of the U.S. state of New York (state), New York, part of the New York metropolitan area. With over 8 million people, Long Island is the most populous island in the United Sta ...
, he went to
Yale University both for undergraduate and law school. As an undergraduate, Keisler was the Chairman of the
Party of the Right (Yale) and the Speaker of the
Yale Political Union. He graduated
''magna cum laude'' from Yale College in 1981 and then entered
Yale Law School. In 1982, he helped to co-found the
Federalist Society, a conservative thinktank. He received his
J.D. in 1985. After law school, Keisler
clerked for Judge
Robert Bork on the D.C. Circuit from 1985 to 1986. After this clerkship, he joined the
Office of Legal Counsel under President
Ronald Reagan
Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
. There, he worked on the failed
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 ...
nomination of his former boss,
Robert Bork, and then on successful Supreme Court nomination of
Anthony Kennedy. 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 CastaƱeda (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 Co ...
, 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 decision. It is sometimes referred to as "talking a bill to death" or "talking out ...
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. 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. He joined the Department on June 24, 2002, as the Principal Deputy
Associate Attorney General
The associate attorney general of the United States is the third-highest-ranking official in the U.S. Department of Justice. The associate attorney general advises and assists the attorney general and the deputy attorney general in policies rela ...
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
The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campaign are militant I ...
. 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'' 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,
[
] that tested the use of a provision of the
Detainee Treatment Act in terms of whether or not captives could challenge the rulings of their
Combatant Status Review Tribunals.
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 for
Attorney General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
at the same time.
[
]
D.C. Circuit nomination under Bush
Originally, Keisler, a resident of
Bethesda, Maryland and a practising lawyer in
Washington, D.C., was considered for a Maryland seat on the
U.S. Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:
* District of Maryland
...
during the spring of 2001. Maryland's two Democratic senators,
Paul Sarbanes and
Barbara Mikulski, 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 on June 29, 2006 by President
George W. Bush to fill a seat vacated by
John Roberts, whom Bush appointed
Chief Justice of the United States 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 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, dur ...
'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, 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, 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, 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, he was instrumental in defending some of the most controversial policies of Republican President
George W. Bush concerning the
Global War on Terror
The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campaign are militant I ...
.
Finally, he was seen as being a
possible Republican contender to 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 ...
.
Current life
On March 18, 2008, it was announced that Keisler would be returning to his former position as a partner of
Sidley Austin 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, Alex and Philip. Philip plays ultimate frisbee for Washington University in St Louis.
See also
*
List of law clerks of the Supreme Court of the United States (Seat 1)
*
George W. Bush judicial appointment controversies
*
George W. Bush Supreme Court candidates
Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency.
In the summer of 2005, this speculation became newsworthy due to the announcement of the retireme ...
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
Federalist Society members