Richard W. Roberts
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Richard Warren Roberts (born June 21, 1953) is an inactive
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 The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...
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 United States district court, federal district court in Washington, D.C. Along with the United States District Court for the District of Hawaii and ...
.


Early life and education

Roberts was born in
New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
, and is
African American African Americans, also known as Black Americans and formerly also called Afro-Americans, are an Race and ethnicity in the United States, American racial and ethnic group that consists of Americans who have total or partial ancestry from an ...
. Both of Roberts's parents were public school teachers. His mother was involved as a chorister at the
Metropolitan Opera The Metropolitan Opera is an American opera company based in New York City, currently resident at the Metropolitan Opera House (Lincoln Center), Metropolitan Opera House at Lincoln Center, situated on the Upper West Side of Manhattan. Referred ...
, and his father was avidly involved with the
NAACP The National Association for the Advancement of Colored People (NAACP) is an American civil rights organization formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E. B. Du&nbs ...
and participated in the
March on Washington for Jobs and Freedom The March on Washington for Jobs and Freedom (commonly known as the March on Washington or the Great March on Washington) was held in Washington, D.C., on August 28, 1963. The purpose of the march was to advocate for the civil and economic righ ...
in 1963. His father also participated in the 1968 march in
Memphis, Tennessee Memphis is a city in Shelby County, Tennessee, United States, and its county seat. Situated along the Mississippi River, it had a population of 633,104 at the 2020 United States census, 2020 census, making it the List of municipalities in Tenne ...
, following the
assassination of Martin Luther King Jr. Martin Luther King Jr., an American civil rights activist, was fatally shot at the Lorraine Motel in Memphis, Tennessee, on April 4, 1968, at 6:01 p.m. CST. He was rushed to St. Joseph's Hospital, where he was pronounced dead at 7:05& ...
Roberts attended the High School of Music and Art in
New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
and was a 1970 graduate. Roberts studied
mathematics Mathematics is a field of study that discovers and organizes methods, Mathematical theory, theories and theorems that are developed and Mathematical proof, proved for the needs of empirical sciences and mathematics itself. There are many ar ...
at
Vassar College Vassar College ( ) is a private liberal arts college in Poughkeepsie, New York, United States. Founded in 1861 by Matthew Vassar, it was the second degree-granting institution of higher education for women in the United States. The college be ...
, graduating in 1974 with a Artium Baccalaureus degree ''
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 ...
''. He continued his education at both the
School for International Training The School for International Training, widely known by its SIT Graduate Institute, is a private non-profit regionally-accredited institution headquartered in Brattleboro, Vermont, United States. The institution has two main divisions. Graduate ...
in
Brattleboro, Vermont Brattleboro (), originally Brattleborough, is a New England town, town in Windham County, Vermont, United States, located about north of the Massachusetts state line at the confluence of Vermont's West River (Vermont), West River and the Connec ...
, and
Columbia Law School Columbia Law School (CLS) is the Law school in the United States, law school of Columbia University, a Private university, private Ivy League university in New York City. The school was founded in 1858 as the Columbia College Law School. The un ...
in
New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
. In 1978, he received a Master of International Administration from the School for International Training, and a
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
from Columbia Law School.


Organization membership and other titles

In 1983, Roberts helped found the Washington, D.C., chapter of Concerned Black Men, Inc. The vision of this organization is to help provide more black male role models for children in various communities across the United States. Roberts held the positions of secretary and deputy general counsel for the Washington, D.C., chapter. He is a Master of the Edward Bennett Williams Inn of Court; an Archon in
Sigma Pi Phi Sigma Pi Phi (), also known as The Boulé, is an African American professional fraternity. Founded in Philadelphia, Pennsylvania, in 1904, it is the oldest Greek lettered fraternity for African Americans. The fraternity does not have collegiate ...
, Epsilon boulé; and a member of The DePriest 15 and of the Judicial Council of the Washington Bar Association. He was earlier a member of the National Black Prosecutors Association and of the National Conference of Black Lawyers, Washington, D.C. Chapter. According to the Biography by the National Conference on Citizenship, Roberts has held various academic, community, and legal positions. In academic settings, he served for four terms on the board of trustees of Vassar College, has been a visiting faculty member of the Harvard Law School Trial Advocacy Workshop for over 37 years, and was an adjunct professor of trial practice at Georgetown University Law Center. He also served on the faculty of the Department of Justice National Advocacy Center, and has been a writing coach for first year students at Howard Law School. Roberts has also held positions on the board of directors for the Abramson Scholarship Foundation, as well as the Council for Court Excellence and their executive committee. Roberts was a term member of the Council on Foreign Relations and co-chaired a local public school restructuring team. He has served on the board of directors of the Historical Society of the D.C. Circuit; the steering committee of the African-American Alumnae/i of Vassar College; and the board of directors of the Alumnae and Alumni of Vassar College.


Pre-judicial career

The first position that Roberts held was as a Trial Attorney position for the Civil Rights Division of the United States Department of Justice. He held this position from 1978 to 1982. In this position, Roberts prosecuted the murder of two black Salt Lake City joggers who were killed for racial reasons by
Joseph Paul Franklin Joseph Paul Franklin (born James Clayton Vaughn Jr.; April 13, 1950 – November 20, 2013) was an American serial killer, white supremacist, and domestic terrorist who engaged in a murder spree spanning the late 1970s and early 1980s. Frankli ...
, a white supremacist. While prosecuting Franklin, the 27-year-old Roberts met Terry Mitchell, a 16-year-old wounded survivor of Franklin's attack on the joggers and one of two key eyewitnesses at his trial. Mitchell alleged 35 years later that Roberts raped her repeatedly, "nearly every day for several weeks", before and after the trial. She says he obtained her silence by telling her that if their sexual relationship ever came to light it would surely result in a mistrial for Franklin and his subsequent release. After his tenure as a trial attorney for the Department of Justice, Roberts joined the international law private practice, Covington & Burling. He was an attorney at Covington & Burling for four years until 1986. In 1986, Roberts was then appointed as an
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 gov ...
for the Southern District of New York He served underneath United States Attorney
Rudy Giuliani Rudolph William Louis Giuliani ( , ; born May 28, 1944) is an American politician and Disbarment, disbarred lawyer who served as the 107th mayor of New York City from 1994 to 2001. He previously served as the United States Associate Attorney ...
, who later served as Mayor of New York City. He held the position of assistant United States attorney for two years until he was appointed as an assistant United States attorney for the District of Columbia, underneath United States Attorney Jay B. Stephens. In 1993, when President Bill Clinton appointed
Eric Holder Eric Himpton Holder Jr. (born January 21, 1951) is an American lawyer who served as the 82nd United States attorney general from 2009 to 2015. A member of the Democratic Party (United States), Democratic Party, Holder was the first African Ameri ...
as United States attorney for the District of Columbia, Roberts was picked as the principal assistant United States attorney. Roberts held the position of principal assistant U.S. attorney for two years until 1995. One of the most notable cases that Roberts prosecuted was Washington, D.C., Mayor
Marion Barry Marion Shepilov Barry (born Marion Barry Jr.; March 6, 1936 – November 23, 2014) was an American politician who served as mayor of the District of Columbia from 1979 to 1991 and 1995 to 1999. A Democratic Party (United States), Democrat, Barr ...
. Mayor Barry was arrested after a sting at the Vista Hotel involving crack cocaine. Attorney General Janet Reno appointed Roberts to the position of Criminal Section Chief of the United States Department of Justice, Civil Rights Division, in 1995. He served in this position for three years until 1998.


Federal judicial service

President
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
nominated Roberts 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 United States district court, federal district court in Washington, D.C. Along with the United States District Court for the District of Hawaii and ...
on January 27, 1998, to a seat vacated by Judge Charles R. Richey. He was then confirmed by the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on June 5, 1998, received his commission on June 23, 1998 and sworn in on July 31, 1998. He served as chief judge and a member of the Judicial Conference of the United States from 2013 until March 16, 2016, when he took inactive senior status.


Barring CIA destruction of torture tapes

Roberts issued a
court order A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying o ...
prohibiting the
CIA The Central Intelligence Agency (CIA; ) is a civilian foreign intelligence service of the federal government of the United States tasked with advancing national security through collecting and analyzing intelligence from around the world and ...
destroying evidence of its use of interrogations in July 2005.
CIA Director The director of the Central Intelligence Agency (D/CIA) is a statutory office () that functions as the head of the Central Intelligence Agency, which in turn is a part of the United States Intelligence Community. The director reports to the d ...
Michael V. Hayden acknowledged in December 2007 that the CIA had subsequently destroyed hundreds of hours of tapes of the use of " extended interrogation techniques", including the technique known as "
waterboarding Waterboarding is a form of torture in which water is poured over a cloth covering the face and breathing passages of an immobilized captive, causing the person to experience the sensation of drowning. In the most common method of waterboard ...
", where subjects's lungs are filled with water, so they experience the first stages of drowning. Many commentators have described the CIA's destruction of this evidence as a violation of Roberts's court order. On January 24, 2008, Roberts demanded an explanation from the CIA for the tapes destruction. On March 25, 2008 Charles Carpenter, a lawyer for a Guantanamo captive from
Yemen Yemen, officially the Republic of Yemen, is a country in West Asia. Located in South Arabia, southern Arabia, it borders Saudi Arabia to Saudi Arabia–Yemen border, the north, Oman to Oman–Yemen border, the northeast, the south-eastern part ...
named Hani Abdullah brought suit against the CIA, before Roberts, arguing that the evidence the CIA destroyed would have helped prove his client's innocence.


Abu Zubaydah

Roberts oversaw a lawsuit by
Abu Zubaydah Abu Zubaydah ( ; , ''Abū Zubaydah''; born March 12, 1971, as Zayn al-Abidin Muhammad Husayn) is a Saudi citizen and alleged terrorist born in Saudi Arabia currently held by the U.S. in the Guantanamo Bay detention camp in Cuba. He is held unde ...
challenging his detention at
Guantanamo Bay detention camps The Guantanamo Bay detention camp, also known as GTMO ( ), GITMO ( ), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by p ...
which was filed in July 2008 after the ''
Boumediene v. Bush ''Boumediene v. Bush'', 553 U.S. 723 (2008), was a writ of ''habeas corpus'' petition made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by t ...
'' ruling. , the judge had failed to rule on any motions related to the case, even the preliminary ones. This led Zubaydah's lawyers to file motion asking Roberts to recuse himself for "nonfeasance" in January 2015.


Inactive senior status and sexual assault allegation

On March 16, 2016, Roberts took inactive senior status, citing unspecified health issues. Judge
Karen L. Henderson Karen LeCraft Henderson (born July 11, 1944) is an American lawyer and jurist serving since 1990 as a U.S. circuit judge on the U.S. Court of Appeals for the District of Columbia Circuit. She was previously a district judge on the U.S. Distric ...
signed Roberts's certificate of disability, allowing him to take early senior status. That same day, Terry Mitchell, the eyewitness from the Franklin trial, filed a federal suit against him, accusing him of repeatedly raping her when she was a witness in a high-profile Utah murder case 35 years earlier. Roberts said that her accusations “are perplexing and demonstrably false” and “flat wrong.” Roberts's lawyers told members of the press that their client, who was 27 and unmarried at the time, did indeed have a brief consensual sexual relationship with Mitchell but that it occurred after the trial ended. Mitchell also filed a judicial misconduct complaint, and the ensuing extensive investigation found that neither the facts nor the law supported her claims, conclusions that Mitchell did not challenge. Her lawsuit was dismissed with prejudice in 2021. That order was affirmed on appeal, a decision Mitchell did not challenge.


Sibley suit

Montgomery Blair Sibley, the last lawyer for the late Deborah Jeane Palfrey, sued Roberts for his refusal to file Sibley's request to have a prior judge's gag order lifted, that forced Sibley to keep Palfrey's customer list private. Palfrey was a prominent arranger of trysts with high class call girls, and Sibley alleged her client list was packed with highly placed Washington insiders. In April 2016, the U.S. Supreme Court denied the request to lift the lower court order, in place since 2007, that bars Sibley from releasing any information about her records.


Awards and honors

For Roberts's prosecutorial efforts against Joseph Paul Franklin, the U.S. Attorney General awarded him with a special commendation. Roberts also graduated cum laude from Vassar College in 1974 with a bachelor's degree. When Roberts was a civil rights prosecutor in the Justice Department, he was hired into the Attorney General's Honors Program. Roberts was inducted into the Hall of Fame of the Council on Legal Education Opportunity. He was bestowed the Outstanding Service to Vassar Award.


See also

*
List of African-American federal judges This is a list of African Americans who have served as United States federal judge In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III ju ...
*
List of African-American jurists This list includes individuals self-identified as African Americans who have made prominent contributions to the field of law in the United States, especially as eminent judges or legal scholars. Individuals who may have obtained law degrees o ...


References


External links

* * Hays, Michael. "A Conversation with Chief Judge Richard W. Roberts." Council for Court Excellence. The Council for Court Excellence. Web. 15 Oct. 2014. * The History Makers. (n.d.). Hon. Richard W. Roberts , The History Makers. Retrieved March 16, 2016, from http://www.thehistorymakers.com/biography/honorable-richard-w-roberts * History of the Federal Judiciary. (n.d.). Retrieved October 1, 2014, from http://www.fjc.gov/servlet/nGetInfo?jid=2777&cid=202&ctype=dc&instate=dc&highlight=null * Just The Beginning Foundation: Richard W. Roberts. (n.d.). Retrieved March 16, 2016, from http://www.jtb.org/index.php?src=directory&view=biographies&srctype=detail&refno=152 {{DEFAULTSORT:Roberts, Richard W. 1953 births Living people African-American judges American jurists Columbia Law School alumni Judges of the United States District Court for the District of Columbia Judges presiding over Guantanamo habeas petitions Lawyers from New York City SIT Graduate Institute alumni United States district court judges appointed by Bill Clinton Vassar College alumni Assistant United States attorneys The High School of Music & Art alumni 20th-century American judges 21st-century American judges