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Beryl Howell

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Beryl Howell
Howell in 2018
Senior Judge of the United States District Court for the District of Columbia
Incumbent
Assumed office
February 1, 2024
Chief Judge of the United States District Court for the District of Columbia
In office
March 16, 2016 – March 16, 2023
Preceded byRichard W. Roberts
Succeeded byJames Boasberg
Judge of the United States District Court for the District of Columbia
In office
December 27, 2010 – February 1, 2024
Appointed byBarack Obama
Preceded byPaul L. Friedman
Succeeded byAmir Ali
Personal details
Born (1956-12-03) December 3, 1956 (age 67)
Fort Benning, Georgia
EducationBryn Mawr College (BA)
Columbia University (JD)

Beryl Alaine Howell (born December 3, 1956) is an American lawyer and jurist who serves as a senior United States district judge of the United States District Court for the District of Columbia. She was district's chief judge from 2016 to 2023. As chief judge, she supervised federal grand juries in the District, including for the Mueller special counsel investigation into Russian interference in the 2016 United States elections and investigations into attempts to overturn the 2020 United States presidential election.[1][2]

Early life and education

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Howell was born in 1956 in Fort Benning (now Fort Moore), Georgia.[3] She is the daughter of an Army officer and is Jewish.[4] She attended elementary and secondary school in six states and Germany.[5]

Howell graduated from Bryn Mawr College in 1978 with a Bachelor of Arts in philosophy with honors. From 1978 to 1980, Howell worked as a legal assistant at the law firm Shanley & Fisher (now part of Faegre Drinker). She then attended Columbia Law School, graduating in 1983 with a Juris Doctor as a Harlan Fiske Stone Scholar.[6]

Career

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After law school, Howell was a law clerk for Judge Dickinson R. Debevoise of 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.[5][6]

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.[7] 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.[6]

While working for Senator Leahy, Howell helped craft the E-FOIA amendments, which expanded electronic access to government records.[8] She also helped Sen. Leahy fend off proposals to impose new limits on the FOIA.[8] In 2001, she was honored by the Coalition to Support and Expand the Freedom of Information Act,[8] and in 2004, her FOIA work was honored by the Society of Professional Journalists.[7]

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,[9] the National Information Infrastructure Protection Act,[9] the Computer Fraud and Abuse Act,[9] the Communications Assistance for Law Enforcement Act (CALEA),[10] the No Electronic Theft Act (NET Act),[7][10] the Digital Millennium Copyright Act (DMCA),[7][9][10] and the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999.[7][10]

Howell was involved in national security issues,[11] including the creation of the USA PATRIOT Act,[7][10] which she defended in 2005 in an article for the Pennsylvania Bar Association Quarterly.[12]

The Center for Democracy and Technology lists Howell as a "board alum".[13]

From 2004 to 2010, she served as a member of the United States Sentencing Commission after being appointed by President George W. Bush.[5][7]

Champion Award

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In November 2023, Howell received the Champion Award for people who advance opportunities for women in "the white collar field".[14] In her acceptance speech, she said: "My D.C. judicial colleagues and I regularly see the impact of big lies at the sentencing of hundreds, hundreds of individuals who have been convicted for offense conduct on Jan. 6, 2021, when they disrupted the certification of the 2020 presidential election at the U.S. Capitol." She also cited historian Heather Cox Richardson’s book Democracy Awakening.[15]

In response, Representative Elise Stefanik, a Republican from New York, filed a complaint of judicial misconduct in which she alleged that Howell's remarks were "conduct unbecoming of a federal judge".[16]

Lobbying

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From 2004 to 2009,[7][17][18] Howell was executive vice president,[8] executive managing director,[11] and general counsel[11] 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,[7][18][19][20] and, briefly, Universal Music Group.[7][21]

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.[11][22]

Academic

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Howell teaches legal ethics as an adjunct professor at the American University's Washington College of Law.[9][23]

Federal judicial service

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Howell presiding over a naturalization ceremony, 2016

On July 14, 2010, Howell was nominated by President Barack Obama to the seat vacated by Judge Paul L. Friedman, who assumed senior status on December 31, 2009.[5][24] She was confirmed by the U.S. Senate on December 22, 2010. She received her judicial commission on December 27, 2010. She served as the chief judge from March 17, 2016 to March 17, 2023. She assumed senior status on February 1, 2024.[6] A 2015 analysis by Ravel Law found Howell to be the second most-cited district court judge appointed in the previous five years.[25]

Notable decisions

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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.[26] 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.[27] 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."[28] The Supreme Court later declined to review the decision.[29]

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.[30] 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.[31]

Personal life

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Howell is married to Michael Rosenfeld, an executive producer at National Geographic Television & Film.[8] They have three children.[8]

Publications

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  • Beryl Howell, "Lawyers on the Hook: Counsel’s Professional Responsibility to Provide Quality Assurance in Electronic Discovery", 2 J. Sec. L. Reg. & Compl. 216 (June 2009).
  • Beryl Howell, "Real World Problems of Virtual Crime, in Cybercrime: Digital Cops in a Networked Environment" (Jack M. Balkin et al., New York University Press 2007).
  • Beryl Howell & Dana J. Lesemann, "FISA’s Fruits in Criminal Cases: An Opportunity for Improved Accountability", 12 UCLA J. Intl. L. & For. Affairs 145 (Spring 2007).
  • Beryl A. Howell & Richard J. Wolf, "Rough Waters Ahead for E-discovery and the New Federal Rules of Civil Procedure," ACC Docket (January/February 2007).
  • Beryl Howell, "What You Need to Know About Digital Forensics," 28 Pa. Law. 32 (2006).
  • Beryl Howell, "Foreign Intelligence Surveillance Act: Has the Solution Become the Problem?", in Protecting What Matters: Technology, Security, and Liberty Since 9/11 (Clayton Northouse, Brookings Institution Press 2006).
  • Beryl Howell, "Perspectives on the USA PATRIOT Act" (Pennsylvania Bar Association Quarterly, January 2005).[12]
  • Beryl Howell, "Seven Weeks: The Making of the USA Patriot Act", 72 Geo. Wash. L. Rev. 1145 (2004).
  • Beryl Howell & Eric Friedberg, 21st Century Forensics: Searching for the "Smoking Gun" in Computer Hard Drives," 37 Prosecutor 18 (2003).

See also

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References

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  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. ^ Savage, Charlie (March 13, 2023). "Gavel to Pass to New Chief Judge Overseeing Grand Jury in Trump Inquiry". The New York TImes.
  3. ^ "Senate Judiciary Committee Questionnaire – Beryl Howell" (PDF). Retrieved August 16, 2023.
  4. ^ Hsu, Spencer (September 26, 2016). "This judge just released 200 secret government surveillance requests". Washington Post.
  5. ^ a b c d "President Obama Names Five to United States District Court" (Press release). Washington, D.C.: The White House. July 14, 2010. Archived from the original on January 18, 2017. Retrieved March 1, 2023.{{cite press release}}: CS1 maint: bot: original URL status unknown (link) Public Domain This article incorporates text from this source, which is in the public domain.
  6. ^ a b c d Beryl Howell at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  7. ^ 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.
  8. ^ 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.
  9. ^ 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.
  10. ^ 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.
  11. ^ a b c d "Beryl Howell". Center for Democracy and Technology. Archived from the original on April 12, 2010. Retrieved March 4, 2013.
  12. ^ a b Howell, Beryl. "Perspectives on the USA PATRIOT Act" (PDF). Archived from the original (PDF) on March 4, 2016. Retrieved March 4, 2013.
  13. ^ "Staff". Center for Democracy and Technology. Retrieved March 4, 2013.
  14. ^ "Awards Program - Women's White Collar Defense Association". www.wwcda.org. Retrieved December 16, 2023.
  15. ^ 2023 WWCDA Awards Gala Full Video, YouTube, November 30, 2023, retrieved December 16, 2023
  16. ^ Rajkumar, Shruti (December 16, 2023). "Rep. Elise Stefanik Lodges Complaint Against Judge Who Oversaw Jan. 6, Trump Cases". HuffPost. Retrieved December 16, 2023.
  17. ^ "Revolving Door: Beryl A Howell Employment Summary – OpenSecrets". www.opensecrets.org.
  18. ^ a b U.S. Copyright Surveillance Machine About To Be Switched On, Promises of Transparency Already Broken, Electronic Frontier Foundation, November 15, 2012.
  19. ^ RIAA lobbying data (public record) as published by OpenSecrets.org for 2004, 2005, 2006, 2007, 2008, and 2009.
  20. ^ Stroz Frieberg lobbying data (public record) as published by OpenSecrets.org for 2004, 2005, 2006, 2007, and 2008.
  21. ^ Stroz Frieberg lobbying data (public record) as published by OpenSecrets.org for 2005
  22. ^ "Commission Members" (PDF). Center for Strategic and International Studies. Archived from the original (PDF) on June 4, 2011. Retrieved March 4, 2013.
  23. ^ "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.
  24. ^ "Presidential Nominations and Withdrawal Sent to the Senate, 7/14/10" (Press release). Washington, D.C.: The White House. July 14, 2010. Archived from the original on July 16, 2010. Retrieved July 14, 2010.{{cite press release}}: CS1 maint: bot: original URL status unknown (link)
  25. ^ Kassam, Kerry (April 23, 2015). "Judging The Judges: Who Are the Most-Cited New Jurists On The Federal Bench?". Above the Law.
  26. ^ "Supreme Court Issues New Rule Barring Protests on Plaza". New York Times. June 13, 2013. Retrieved September 25, 2014.
  27. ^ "Protester challenges Supreme Court speech-free zone". Watchdog.org. Retrieved September 25, 2014.
  28. ^ Griffiths, Brent D. (August 4, 2018). "Judge's ruling invalidates FEC regulation allowing anonymous donations to 'dark money' groups". Politico. Retrieved May 22, 2021.
  29. ^ 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.
  30. ^ Savage, Charlie; Cochrane, Emily (October 25, 2019). "Impeachment Inquiry Is Legal, Judge Rules, Giving Democrats a Victory". The New York Times.
  31. ^ "Federal Judge Calls Trump Admin's Legal Arguments a 'Farce' in Order Filled with Jabs at DOJ Attorneys". lawandcrime.com. October 25, 2019.
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Preceded by Judge of the United States District Court for the District of Columbia
2010–2024 		Succeeded by
Preceded by Chief Judge of the United States District Court for the District of Columbia
2016–2023 		Succeeded by
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