Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez

7/25/2019 Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez

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Dale Wilcox

Executive Director and General Counsel

Immigration Reform Law Institute

c/o Ms. Julie

B Axelrod, [email protected]

U.S. Department

o

Justice

Office of Legal Counsel

Washington, D.C. 20530

June3,2016

Re:

FOIA Tracking No. FYlS-027; FAIR

v

DOJ, No. 1:16-cv-591 D.D.C.)

Dear Mr. Wilcox:

This is a final response to your Freedom

of

Information Act ( FOIA ) request to the

Office

of

Legal Counsel ( OLC ) dated January 23, 2015, on behalf

of

your client, the

Federation for American Immigration Reform, seeking records regarding

OLC s

November 19,

2014 opinion, The Department JfHomeland Security s Authority

t

Prioritize Removal o

Certain Aliens Un/av.fully Present in the United States and

t

Defer Removal a/Others, 38

Op.

O.L.C. 1 (2014), and other records regarding a 2012 action by the Department

of

Homeland

Security. As you know, the request is the subject of the above-captioned litigation, and OLC

previously responded to parts 3, 4, and 5 in a letter dated November 4, 2015. Pursuant to 28

C.F.R. 16.S(b), your request was processed in the complex track.

Our search ofOLC s files for records responsive to part 1 of your request has located

eleven records. Four of those records are enclosed, with material redacted pursuant to FOIA

Exemption Six, 5 U.S.C.

552(b)(6). The remaining seven records concern non-supervisory

career OLC staff and are being withheld in full pursuant to FOIA Exemption Six. Disclosure

of

the redacted material or withheld documents would constitute a clearly unwarranted invasion

of

personal privacy.

Our search of

OLC s

files for records responsive to part 2 of your request has located no

responsive records.

For your information, Congress excluded three discrete categories

of

law enforcement

and national security records from the requirements

of the FOIA. See 5 U.S.C.

552(c). This

response is limited to those records that are subject to the requirements of the FOIA. This is a

standard notification that is given to all our requesters and should not be taken

as

an indication

that excluded records do, or do not, exist.

Although your request is the subject of ongoing litigation, and administrative appeals are

not ordinarily acted upon in such situations, I am required by statute and regulation to inform


2/10

you of your right to file an administrative appea

l.

You may submit an appeal by writing to the

Director, Office oflnformation Policy, United States Department of Justice, Suite 11050, 1425

New York Avenu

e

NW, Washington,

DC

20530-0001 , or you may submit

an

appeal through

OIP s

eFOIA portal

at

http:

//www

.justice.gov/oip/efoia-porta

l.

html. Your appeal must be

postmarked or transmitted electronically within sixty days from the date of thi s letter. f you

submit your appeal by

ma

il, both the letter and the envelope should be clearly marked Freedom

of Information Act Appeal.

cc: Adam D. Kirschner, Senior Counsel

Civil Division, Federal Programs Branch

Enclosures

2

Sincerely,

Paul P. Colborn

Sp

ec

ial Counsel


3/10

}OHNE

IES

Home:

Work: 12 1 Pennsylvania Avenue N.W.

Washington,

D.C. 20004 (202) 662-5207 @cov.com

EXPERIENCE

Covington Burling P

Washington, D.C.

Partner 2008 to present; Associate 2001to2008; Summer aw Clerk Summer 1999

Extensive experience with significant

internal

corporate investigations and

~ o r p o r t e

crises, for clients

such

as Adelphia Communications Corporation, Tyco International Ltd., and the District of Columbia

Water & Sewer Authority (WASA).

Represented clients in federal 9rand

jury

investigations, in S.E.C. and

other

regulatory enforcement

actions, and in Department

of

Justice

and

congressional investigations, in matters concerning accounting

and

disclosure issues, related party trarisactions, the Foreign Corrupt Practices Act, law enforcement

compliance issues, and the S.E.C.'s oversight

of

broker-dealers

and

investment advisors.

Experience in complex civil litigation

and

internat ional arbitration, inc luding securiti es class actions

and derivative lawsuits, complex contractual disputes, Alien Tort Statute litigation, and constitutional

and

tort litigation.

Pro bono: Second-chaired :murder trial with Montgomery County Public Defender's Office. Managed

Section 1983 litigation on behalf of wrongfully-convicted former prisoner, including successful district

court and

Fifth Circuit

arguments

in

opposition

to dismissal

on

qualified

immunity grounds.

Successfully argued against issuance

of

a prel iminary injunction

and

for dismissal

on behalf of

D.C.

charity. Court-appointed counsel to indigent inmate in habeas

appeal of

sentence to

the

Third Circuit.

Chambers

of

the Hon. Sandra Lynch, U.S. Courtof Appeals for the First Circu it Boston, Massachusetts

Judicial Clerk

2000-2001 Term

The

Lawyers' Committee for Civil

Rights Under

Law (National Office)

Summer Legal Internship

Program

Summer

1998

EDUC TION

Washington, D.C.

The University

of

Chicago

Law School

Chicago, Illinois

Juris Doctor high

honors

June 2000. Order

of the

Coif.

Managing Editor, The University of Chicago aw Review Volume 67 Comment, Conditioning

Forum

Non

Conveniens 67

U. Chi.

L.

Rev.

489

(2000)

Careers

in Public Service, Executive Board, 1998-99

Chicago

Law Foundation Board, 1998-1999 (funding

student

public interest work) Research assistant, the Hon.

Jack L. Goldsmith III (Winter 1999)

University

of Minnesota

Minneapolis, Minnesota

Master

of

Arts in Political Science (Political Theory/American Politics), Fall 1997.

University

Graduate

School Fellowship, 1993-94 Ins truct or, Introduction

to

Political Analysis

and

Contemporary Political Ideologies

Pomona

College Claremont, California

Bachelor

of Arts cum laude

in Politics,

Philosophy &

Economics, May 1993.

Honnold

Fellowship for Graduate

Study

ASPC North

Campus

Senator Election

Supervisor

(student

government)

(b) (6) (b) (6) (b) (6) (b) (6)(b) (6)

(b) (6)

(b) (6)


4/10

Brian

M

Boynton

EXPERIENCE

Wilmer Cutler Pickering Hale and Dorr LLP Washington, DC

Vice Chair, Government

and

Regulatory Litigation Group

Member, Appellate Litigation Group and Business Trial Group

2002 - Present

Partner since 2009

Constitutional Law: Experience litigating constitutional challenges to federal and state

legislation and advising clients on the constitutionality of proposed legislation. Matters

include:

Defense of multiple First Amendment compelled-funding challenges to federal and

state laws requiring producers

of

agricultural commodities to fund generic marketing

programs

Defense of the constitutionality of the immunity provision of the FISA Amendments

Act of 2008 in actions asserting that telecommunications companies cooperated with

alleged

NSA

counter-terrorism surveillance following the attacks

of

September 11,

2001

Representation of an industry association that intervened to defend California food

safety and animal welfare requirements against dormant Commerce Clause and

preemption challenges

A preemption

and

dormant Commerce Clause challenge to a District

of

Columbia law

that set price caps on patented prescription drugs

Administrative Law: Experience litigating and advising clients with respect to

Administrative Procedure

Act

(APA) challenges to federal agency actions. Matters include:

Defense

of

APA challenges brought

by

the oil industry and others to BP A Clean Air

Act waivers pern1itting the sale of gasoline with 15 ethanol

Representation

of

a trade association in an

APA

and McCarran-Ferguson Act challenge

to the application of HUD regulations to homeowners insurance

Defense of

APA

challenges to EPA regulations relating to sale of gasoline with 15

ethanol

Representation

of

patent holders

in

APA challenges to

PTO

decisions regarding patent

term adjustments, patent term extensions, and patent maintenance fee payments

Representation of a prescription drug wholesaler in an AP A challenge to a DEA order

and related administrative proceedings before an ALI

Commercial and Regulatory Litigation: Experience litigating a broad range

of

commercial

and regulatory disputes. Matters include:

Representation

of

a juice manufacturer in the Supreme Court and the court

of

appeals in

a false advertising case involving the interaction of the Lanham Act and the FDA s

regulation

of uice

products under the Food, Drug, and Cosmetic

Act

(b) (6)


5/10

Representation

of

a telecommunications company in a False Claims Act case raising

questions about the scope of the first-to-file bar and the applicability of the public

disclosure bar

Defense of a Sherman Act challenge brought against a cellular network equipment

manufacturer

Defense

of

a Fair Housing Act challenge brought against a secondary market purchaser

of subprime mortgages

Representation of a patent licensee in patent infringement litigation and in patent

validity litigation raising questions about the public-use

bar

and the scope

of

the waiver

of sovereign immunity in the AP A

A breach

of

contract action involving the ownership

of

The Salt Lake Tribune

U.S. Court

of

Appeals for the District

of

Columbia Circuit Washington, DC

Law Clerk to then

Chief

Judge Douglas I I. Ginsburg

2001

2002

Co-author: Douglas

I-I.

Ginsburg Brian M. Boynton, The

D C

Circuit Review August 2000 -

July 2001: The Court En Banc:

1991-2002

70

GEORGE WASHINGTON

L W

REVIEW

259 2002)

U.S. District Court for the Northern District of California San Francisco, CA

Law Clerk to Judge Vaughn

R

Walker

EDUCATION

Stanford Law School J.D., 2000, Order of the Coif

Stanford Law Review; East Palo Alto Community Law Project

2000 - 2001

1997 2000

Advanced Constitutional Law Workshop: Brian M. Boynton,

Democracy

and

Distrust After Twenty

Years: Ely s Process Theory and Constitutional Law from 1990 to 2000 53 STANFORD LAW

REVIEW

397 2000)

Dartmouth College A.B. Economics, 1997, Summa Cum Laude

1993 1997

Phi Beta Kappa; National Merit Scholarship recipient;

OTHER INFORMATION

Member of the California and District of Columbia bars

2

(b) (6)

(b) (6)


6/10

{

DANIEL

L. KOFFSKY

otr

(2v2)

Res.

PROFESSIONAL

(PERIENCE

U.S.

Dqrarfuent

of

Justice,

Office

of

Legal

Counsel, V/ashington,

D.C.,

1989-present

Special

Counsel

(Senior

Executive

Service),

1993-preselt

Senior

Counsel,

t99

L-1993

Acting Assistant

Attomey

Genral, January-August

1993;

February-October 2001

Acting Deputy

Asdstant Attomey

General,

August

1993-January 1994;

August

l998-February

2001

My responsibilities

have included

drafting

opinions,

preparing

congressional

testimony

and cornrrents on

proposed

legislation

and providing

less

fomral advice.

The

Office

of

I-egal Counsel

nswers

refluests fromthe \ilhite House

Counsel, officials

of the

Department

of

Justice

(including

the

Attorney General and tl

Deputy Attorney

General),

and

other

agencies

in the Executive

Branch-

My areas of

practice

inchlde

conflict of interest

regulation,

national security law,

and

administrative

law. f

arn

the

ethics

official

for Office

of Legal Counsel As Acting Assistant

Attorney

General,

I was

in

charge

of office and supervised

approximately 15 attorneys.

Pepperr:Hamilton

&

Scleeta

TVashington,

D.C.,

1987-1989

Partner

My

chief areas

of

practice

were administrative law

and

govemnlent

regulation

I

handled

proceedings

before the

Federal

Energy

Regulatory Conrnission

and

assisted

in

proceedings

before

the Interstate

Corrnerca

srrmi

ssion

\MaId,

Harkrader

S

Ross,

V/ashington

D.C.,1979-t987

Parhrer,

1986-

1987

;

Associate,

1979

-t985

United Stats

Court

of

Appeals for the

Third

Cirsdt, 1978-1979

Law Clerk to

Judge

Max Rosenn

My

chief

practic,e

areas

were

as

noted

above, as well

as atitrust

and environrnental

law.

The

firrncouibined

withPepper,

Hamilton &

Scheetz

in

1987.

(b) (6) (b) (6)(b) (6)


7/10

EDUCATION

Yale

Law

School,

J.D.

(1978)

Member, Board

of

Editors, Yale

Law

Journal

Research

and editorial assistant

for two faculty rnnrbers

Harvard

College,

4.8.,

magna

cumlaude

in

history

and

literature

(1975)

PhiBetaKappa

Harvard

National

Scholarship

National Merit Scholarsh

Detur BookPrize

Edwards Whittaker Scholarship

WR

TINGS AND

SPEECIIES

Coming

to

Terms

with Bureaucratic Ethics,11 J.L. &

Pol

235

(1995)

The Appear&nce

ofWrongdaing,6

Geo.

J.

LegalEthics 501

(1993)

Note,

Ordcrs

to

Move

On

and

the

Prevention

af

Crme,81

Yale

L.J.

603

(1978)

Spaker, Inragency Ethis Corncil

(2002):

The

Ernolunents

Clause and

the

Foreign

Gifts

and

Decorations

Act

Speaker, Intelligence Comrunity

Legal

Conference

(1998)

Testimny on Behalf

of

Departrne,nt

of

Justice

(with

Joseph Onek), Senate

Govemn.ntal

Affairs

Corrunite

(1998):

'Thg

Vacancies

Act

Speaker, Office

of

Governrnent

Etbics

Anrual

Conference

(1997):

'The Ehnolunents

Clause

aod the

Foren

Gifts

and Decorations

Act

Speaker,

Office

of

GovernmentEthics Anual

Confere.nce

(1995):

The

Anti-Lobbying

Act

Speaker,

Officeof

GovernrentEthicsAnnualConference

(L994):

'Roleof

theJusticeDeparnnentin

Ethics

Connseling

Speaker, meeting

of

the

Adrninistrative Law and Regulatory

Practice Section of the

American Bar

Association

(1990):

Authority

of

Inspectors

General'

2


8/10

PUBLISHED OPINIONS SIGNED

AS ACTTNC

ASSISTANT

ATTORNEY

GENERAL

-

OR, ACTING

DEPUTY

ASSISTANT

ATTORT{EY

GENERAL

Emolument

s

Clause and,

World,

B

ank,

2m

I

IVL 34610590

(O.L.C.

)

Whether Section

501(c) of

the

Ethics

in Government

Act Rem ains

in

Effict

After Invaldntion

of

Section

501(b)

(March

1,

2001)

(available

on Office

of

Governrne,nt

Bthics web

site)

Applcation of

18 U.S.C.

S

207(d) to Cenain

Empl.oyees

of the

Tresury

Departmen, 2000

\ryL

3397ffiz

(O.L.C.)

Applicblity of

Federal Varancies

Reforrn Act to Vacancies at

the Internati,onl

Monetary

Fund

and theWorld.

Bank,2W WL

16981

(O.L.C.)

Autlwrity

of tltc

Advisory

oardfor

Cuba Broadcasting

to

Act

in

the

Absence

of

a

Presidentialty

D e s

gnat

e d

Chirp

e

rson,

2}ffi

WL 337

I 6862

(O.

L.

C.

)

Appointtnent

of a

Senate-Conft,rmcd

Nominee

(Aet-

12, 1999)

(available

on

OI-C

web

site)

Applicability

of

18

U.S.C.

S

219

to Representatve

Members of

Federal

Advisory

Commttees,

1999

V,

33227

525

(O.L.C.)

Terut

of

a

Member af

thc Msissippi

River

Commission,

1999

WL

33219990

(O.L.C.)

Applicability of

18

U.S.C.

#

207(c) to

the

Briefi.ng and

Arguing

of Cses inWhich

the

Depaftment

of

lustice

Represents a Party,lT

Op.O.L.C.

37

(1993)

Applicabitity of the

Civil

Servce Provisions of

Title 5

of the Ilnited

States'Code

to the United

States

Enrclwnent

Catporati.on,lT

Ap. O.L.C. n

Q993)

GOVERNMENT

A\ilARDS

Meritorbus

Executive

Awmd

(cooferredby

the

President), 2001

Superior

Honor

Award, Deparfinent

of

Sta, 2004

Medal for Exceptional

Civilim Service, Office

of the

Secretary

of

Defense

,2002

The

Attorney

General's

Award

for Excellence in Furthering

the

Interests of

U.S. National

Security,

2000

3


9/10

Director s

Award,

Executive

Office

for

United

Stas

Attrneys,

1993

Senior

Executive

Service

Performance

Awards, 1994, t995, L996,

1997,

1998,

1999,2W,2W,

2W3,2004

(ineible

in

2001

because

of Meritorious

Executive Award that

year);

Special

Achieveme,nt

Awards, Office

of Legal

Cotmsel,

L99I,1992,

and

1993

PERSONAL

4

(b) (6)


10/10

KARL REMON THOMPSON

@omm com

EXPERIENCE

O'Melveny Myers,

LLP Washington, DC.

Counsel, January 2006-present. Associate, December 2003-December 2005.

Specialize in International and Appellate Litigation. Represent major corporations and

other clients in cases involving foreign parties, tran.sactions, or occurrences; international

law; and U.S. laws governing extraterritorial conduct. Also represent clients in matters on

appeal, filing briefs before state and federal appellate courts, including the United States

Supreme Court, and arguing appeals in state and federal court.

United States Supreme Court Washington, DC.

Law clerk to the Hon. Ruth Bader Ginsburg, July 2002-July 2003.

Kellogg,

Huber

Hansen

Todd

Evans, Figel,

PLLC

Washington, DC.

Associate, September 2001-May 2002.

United States Court of Appeals

for

the DC Circuit , Washington, DC.

Law Clerk to the Hon. David S Tatel, August 2000-July 2001.

Office of Congressman

Luis

V. Gutierrez, Chicago, IL

Congressional Aide, May 1993-0ctober 1993.

United States Senate Committee on

Labor and

Human Resources,

Washington, DC.

Legislative Intern, November 1992-March 1993.

EDUCATION

University of Chicago Law School, Chicago, IL. JD with High Honors, June 2000.

Law Review: Articles Editor, 1999-2000; Staff Member, 1998-1999.

Latino Law Students Association. International Law Society. Order of the Coif.

Cambridge

University,

Cambridge, England. PhD in Political Theory, July 1998.

Internal Graduate Studentship (full PhD funding) at Trinity College.

Academic Supervisor, 1995-1997. Taught political theory to undergraduates.

Cambridge University, Cambridge, England. MPhil in Social and Political Sciences, July 1992.

Charles Henry Fiske Scholar at Trinity College.

Harvard

University,

Cambridge,

MA.

BA in Physics, June 1991.

John Harvard and Harvard College Scholarships, 1989-1991. Teaching Fellow, 1989-1990.

.

Evanston Township High School,

Evanston, IL Graduated 1987. Valedictorian.

MISCELLANEOUS

. Admitted to New York and Washington, D.C. bars.

(b) (6) (b) (6) (b) (6)

(b) (6)

(b) (6)

Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez

Documents

Transcript of Head of DOJ-OLC, Karl Remon Thompson, former aide to Rep. Luis Gutierrez