Trump’s Pick to Head Department of Justice Civil Division Should Focus on Travel Ban Litigation

As we suggested in yesterday’s legal analysis, the United States Department of Justice will have to tactically litigate any challenges to President Donald Trump’s Executive Orders concerning illegal immigration. A team of attorneys with extensive ligation experience in the federal courts will have to be hired to replace the bureaucratic lawyers currently at the Justice Department.

Trump’s expected choice of George T. Conway, the husband of Kellyanne Conway, to head the Justice Department’s Civil Division is a good start. Conway has experience litigating complex issues and cases in federal court including antitrust matters. The Civil Division is tasked with defending Executive Branch employees in lawsuits, bringing lawsuits under the False Claims Act to recover American tax dollars that have been stolen, and numerous other legal actions.

That is why additional attorneys from the private sector must be hired in place of Obama-era attorneys whose experience is limited. Conway will have to prepare a litigation strategy ahead of any further Executive Orders issued by Trump. Such a strategy had clearly been nonexistent prior to Trump’s two recent Executive Orders banning refugees from certain countries.

The Los Angeles Times Article:

George Conway was chosen to head the office that has responsibility for defending the administration’s proposed travel ban and defending lawsuits filed against the administration, the newspaper reported.

He is a partner at the New York law firm of Wachtell, Lipton, Rosen & Katz. The law firm’s website says Conway has extensive experience in litigation involving securities, mergers and acquisitions, contracts and antitrust cases. He graduated from Harvard and Yale Law School. He joined the law firm in 1988, soon after his graduation from law school.

He has been involved in numerous complex, high-profile cases with that firm, where he has been a partner since 1994. In the 1990s, Conway wrote the Supreme Court brief that cleared the way for Paula Jones’ civil suit against President Clinton. Clinton’s denial of an affair with White House intern Monica Lewinsky during a deposition in the Jones case led to his impeachment.



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