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Beryl A. Howell
Beryl Howell (cropped).jpg
Howell in 2018
Chief Judge of the United States District Court for the District of Columbia
Assumed office
March 16, 2016
Preceded byRichard W. Roberts
Judge of the United States District Court for the District of Columbia
Assumed office
December 27, 2010
Appointed byBarack Obama
Preceded byPaul L. Friedman
Personal details
Born (1956-12-03) December 3, 1956 (age 66)
Fort Benning, Georgia
EducationBryn Mawr College (B.A.)
Columbia Law School (J.D.)

Beryl Alaine Howell (born December 3, 1956) is the Chief United States district judge of the United States District Court for the District of Columbia. She was a federal judge supervising the grand jury for special counsel Robert Mueller's probe into Russian interference in the 2016 United States elections.[1]

Early life and education

Howell is the daughter of an Army officer.[2] She attended public school in six states and Germany before graduating from Bryn Mawr College with her Bachelor of Arts degree, with honors in Philosophy in 1978 and from Columbia University School of Law with a Juris Doctor in 1983.[3][4] She is Jewish.[5]

Legal career

Clerking and private practice

Following law school graduation, Howell clerked for Judge Dickinson Richards Debevoise in the United States District Court for the District of New Jersey from 1983 to 1984. From 1985 to 1987, she was in private practice as an associate at the New York City law firm of Schulte Roth & Zabel.[3][4]

Public service

From 1987 to 1993, Howell was an Assistant United States Attorney for the United States District Court for the Eastern District of New York, where she became Deputy Chief of the Narcotics Section.[6] From 1993 to 2003, Howell served on the staff of the United States Senate Committee on the Judiciary as a senior advisor to chairman Patrick Leahy, including as the committee's general counsel starting in 1997.[4]

While working for Senator Leahy, Howell helped craft the E-FOIA amendments, which expanded electronic access to government records.[7] She also helped Sen. Leahy fend off proposals to impose new limits on the FOIA.[7] In 2001, she was honored by the Coalition to Support and Expand the Freedom of Information Act,[7] and in 2004, her FOIA work was honored by the Society of Professional Journalists.[6]

Howell was involved in crafting numerous pieces of legislation for the investigation and prosecution of computer crime and copyright infringement, including the Anti-Cybersquatting Consumer Protection Act,[8] the National Information Infrastructure Protection Act,[8] the Computer Fraud and Abuse Act,[8] the Communications Assistance for Law Enforcement Act (CALEA),[9] the No Electronic Theft Act (NET Act),[6][9] the Digital Millennium Copyright Act (DMCA),[6][8][9] and the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999.[6][9]

Howell was involved in national security issues,[10] including the creation of the USA PATRIOT Act,[6][9] which she defended in 2005 in an article for the Pennsylvania Bar Association Quarterly.[11]

The Center for Democracy and Technology lists Howell as a "board alum".[12]

Appointed by George W. Bush, Howell served as a member of the United States Sentencing Commission from 2004 until being seated on the District Court in 2010.[3][6]

In 2008, Howell served as a member of the Commission on Cybersecurity for the 44th Presidency, sponsored by bipartisan think tank Center for Strategic and International Studies.[10][13]

Federal judicial service

Howell presiding over a naturalization ceremony, 2016
Howell presiding over a naturalization ceremony, 2016

She was nominated by President Barack Obama on July 14, 2010, and confirmed by the U.S. Senate on December 22, 2010. She received her judicial commission on December 27, 2010. She became Chief Judge on March 17, 2016. A 2015 analysis by Ravel Law found Howell to be the second most-cited district court judge appointed in the previous five years.[14][4]

Notable decisions

In 2011, Harold Hodge Jr. stood outside the U.S. Supreme Court wearing a sign that protested the American government's treatment of black and Hispanic people.[15] He did so in violation of a 1949 federal law that makes such protests a crime. Hodge sued the Marshal of the United States Supreme Court and the U.S. Attorney for the District of Columbia under the First Amendment. In a June 2013 decision, Howell struck down the law as violating the First Amendment's guarantee of free speech.[16] The judge wrote, "The absolute prohibition on expressive activity in the statute is unreasonable, substantially overbroad and irreconcilable with the First Amendment." The defendants appealed the decision to the U.S. Court of Appeals for the District of Columbia, which reversed Howell's decision and reinstated the law as it applies to the Supreme Court Plaza and steps. Hodge v. Talkin, 799 F. 3d 1145 (D.C. Cir. 2015).

In 2018, Howell struck down a regulation of the Federal Election Commission allowing dark money groups, certain nonprofit organizations engaged in political activities, to conceal their donors. She wrote that the regulation "blatantly undercuts the congressional goal of fully disclosing the sources of money flowing into federal political campaigns, and thereby suppresses the benefits intended to accrue from disclosure."[17] The Supreme Court later declined to review the decision.[18]

In that same year, Howell became the supervising judge for the grand jury working for special counsel Robert Mueller's investigation into Russian interference in the 2016 United States elections.[1] On October 25, 2019, she ruled in favor of the House Judiciary Committee, which had sought grand jury materials from the Mueller investigation, finding their impeachment inquiry into President Donald Trump to be a judicial proceeding.[19] Justice Department attorneys had previously asserted that congressional investigators had "not yet exhausted [their] available discovery tools,” arguments Howell said "smack of farce," as the administration had openly stated it would stonewall the investigation.[20]

Lobbying

From 2004 to 2009,[6][21][22] Howell was executive vice president,[7] executive managing director,[10] and general counsel[10] at Stroz Friedberg, a global digital risk management and investigations firm. Howell's work at Stroz Friedberg included lobbying on behalf of the Recording Industry Association of America,[6][22][23][24] and, briefly, Universal Music Group.[6][25]

Teaching

Howell teaches legal ethics as an adjunct professor at the American University's Washington College of Law.[8][26]

Personal life

Howell is married to Michael Rosenfeld, an executive producer at National Geographic Television & Film.[7] They have three children.[7]

Publications

References

  1. ^ a b Neuborne, Burt (November 29, 2018). "Trump may fire Mueller, but he can't fire Mueller's grand jury". Los Angeles Times. Retrieved November 30, 2018.
  2. ^ Hsu, Spencer (September 26, 2016). "This judge just released 200 secret government surveillance requests". Washington Post.
  3. ^ a b c Office of the Press Secretary (July 14, 2010). "President Obama Names Five to United States District Court". whitehouse.gov. Archived from the original on February 16, 2017. Retrieved July 20, 2010 – via National Archives.
  4. ^ a b c d "Howell, Beryl Alaine – Federal Judicial Center". www.fjc.gov.
  5. ^ "This judge just released 200 secret government surveillance requests - The Washington Post". The Washington Post.
  6. ^ a b c d e f g h i j Anderson, Nate (March 28, 2011). "RIAA lobbyist becomes federal judge, rules on file-sharing cases". Ars Technica. Retrieved March 4, 2013.
  7. ^ a b c d e f "Practicing at the Intersection of Law, Policy and Technology". Science and Technology newsletter. Bryn Mawr College. October 2003. Archived from the original on January 5, 2013. Retrieved March 4, 2013.
  8. ^ a b c d e "Statement Of Senator Patrick Leahy (D-Vt.), Chairman, Senate Judiciary Committee, On The Nomination Of Beryl Howell To Be A United States District Court Judge For The District Of Columbia". July 28, 2010. Archived from the original on December 16, 2012. Retrieved March 4, 2013.
  9. ^ a b c d e "Stroz Friedberg LLC – Professionals – Howell, Beryl A." Stroz Friedberg, LLC. Archived from the original on October 12, 2007. Retrieved March 6, 2013.
  10. ^ a b c d "Beryl Howell". Center for Democracy and Technology. Archived from the original on April 12, 2010. Retrieved March 4, 2013.
  11. ^ a b Howell, Beryl. "Perspectives on the USA PATRIOT Act" (PDF). Archived from the original (PDF) on March 4, 2016. Retrieved March 4, 2013.
  12. ^ "Staff". Center for Democracy and Technology. Retrieved March 4, 2013.
  13. ^ "Commission Members" (PDF). Center for Strategic and International Studies. Archived from the original (PDF) on June 4, 2011. Retrieved March 4, 2013.
  14. ^ Kassam, Kerry (April 23, 2015). "Judging The Judges: Who Are the Most-Cited New Jurists On The Federal Bench?". Above the Law.
  15. ^ "Supreme Court Issues New Rule Barring Protests on Plaza". New York Times. June 13, 2013. Retrieved September 25, 2014.
  16. ^ "Protester challenges Supreme Court speech-free zone". Watchdog.org. Retrieved September 25, 2014.
  17. ^ Griffiths, Brent D. (August 4, 2018). "Judge's ruling invalidates FEC regulation allowing anonymous donations to 'dark money' groups". Politico. Retrieved May 22, 2021.
  18. ^ Lee, Michelle Ye Hee; Barnes, Robert (September 18, 2018). "Political nonprofits must now name many of their donors under federal court ruling after Supreme Court declines to intervene". Washington Post. Retrieved May 22, 2021.
  19. ^ Savage, Charlie; Cochrane, Emily (October 25, 2019). "Impeachment Inquiry Is Legal, Judge Rules, Giving Democrats a Victory". The New York Times.
  20. ^ "Federal Judge Calls Trump Admin's Legal Arguments a 'Farce' in Order Filled with Jabs at DOJ Attorneys". lawandcrime.com. October 25, 2019.
  21. ^ "Revolving Door: Beryl A Howell Employment Summary – OpenSecrets". www.opensecrets.org.
  22. ^ a b U.S. Copyright Surveillance Machine About To Be Switched On, Promises of Transparency Already Broken, Electronic Frontier Foundation, November 15, 2012.
  23. ^ RIAA lobbying data (public record) as published by OpenSecrets.org for 2004, 2005, 2006, 2007, 2008, and 2009.
  24. ^ Stroz Frieberg lobbying data (public record) as published by OpenSecrets.org for 2004, 2005, 2006, 2007, and 2008.
  25. ^ Stroz Frieberg lobbying data (public record) as published by OpenSecrets.org for 2005
  26. ^ "The Honorable Beryl Howell : Adjunct Professor of Law". Faculty. American University Washington College of Law. Archived from the original on March 17, 2014. Retrieved April 4, 2013.
Legal offices Preceded byPaul L. Friedman Judge of the United States District Court for the District of Columbia 2010–present Incumbent Preceded byRichard W. Roberts Chief Judge of the United States District Court for the District of Columbia 2016–present