John Bash
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John Franklin Bash III is an American attorney who served as the
United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...
for the United States District Court for the Western District of Texas from 2017 to 2020.


Early life and education

In 2003, Bash graduated from
Harvard College Harvard College is the undergraduate college of Harvard University, an Ivy League research university in Cambridge, Massachusetts. Founded in 1636, Harvard College is the original school of Harvard University, the oldest institution of higher lea ...
, where he was a staff writer for the ''
Harvard Crimson The Harvard Crimson are the intercollegiate athletic teams of Harvard College. The school's teams compete in NCAA Division I. As of 2013, there were 42 Division I intercollegiate varsity sports teams for women and men at Harvard, more than ...
''. In 2006 he received a J.D. degree from Harvard Law School, where he was an editor of the '' Harvard Law Review''.


Career

After law school, Bash clerked for Antonin Scalia of the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
during the 2007–08 session, and earlier for
Brett Kavanaugh Brett Michael Kavanaugh ( ; born February 12, 1965) is an American lawyer and jurist serving as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on July 9, 2018, and has served since ...
of the
United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate co ...
. Following Bash's clerkships, he was an associate attorney at
Gibson, Dunn & Crutcher Gibson, Dunn & Crutcher LLP is an American multinational law firm headquartered in Los Angeles, California. Founded in 1890, the firm includes approximately 1,400 attorneys and 1,000 staff located in 20 offices around the world, including North ...
, where his practice focused on complex litigation in federal district and appellate courts. From 2012 to 2017, Bash was an Assistant to the Solicitor General in the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...
. In that role, he argued ten cases on behalf of the United States before the Supreme Court of the United States. In 2017, he was a special assistant and associate counsel to U.S. President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
. On December 11, 2017, he was sworn in as United States Attorney for the Western District of Texas. Before he was U.S. attorney for the Western District of Texas, Bash's district played a role in the implementation of the Trump administration's family separation policy. A pilot program on family separations was implemented in
El Paso, Texas El Paso (; "the pass") is a city in and the county seat, seat of El Paso County, Texas, El Paso County in the western corner of the U.S. state of Texas. The 2020 population of the city from the United States Census Bureau, U.S. Census Bureau w ...
before Bash was U.S. Attorney, and he did not continue the pilot under his tenure. A memo was prepared for Bash by staff that had participated in the pilot; it showed that if children younger than 12 were separated from their parents, most would not be able to find their way back to their parents. Bash never sent the memo to Justice Department officials in Washington D.C. because, after suggesting they might ask him for the information, the officials never reached out. A draf
report
by the Department's inspector general's office said that he did not send the memo because he had "no interest in pushing DHS to restart family unit referrals or in nationalizing the concluded pilot program," according to the draft report and that he thought sending the memo would "re-commence the discussion." Although Bash did not design the Trump administration's family separation policy, he did help carry it out. He initially refused to prosecute two cases leading to the separation of children from their parents. However, after a phone call from Rod J. Rosenstein, then deputy attorney general, he switched course. “Per the A.G.’s policy, we should NOT be categorically declining immigration prosecutions of adults in family units because of the age of a child,” he wrote his staff after a phone call with Rosenstein. On May 27, 2020, a Justice Department spokeswoman said that Attorney General
William Barr William Pelham Barr (born May 23, 1950) is an American attorney who served as the 77th and 85th United States attorney general in the administrations of Presidents George H. W. Bush and Donald Trump. Born and raised in New York City, Barr ...
had assigned Bash to review practices of the Trump–Russia investigation related to the 2016 " unmasking" of Trump's advisor Gen. Michael Flynn in a phone call with Russian Ambassador
Sergey Kislyak Sergey Ivanovich Kislyak ( rus, Серге́й Ива́нович Кисля́к, p=sʲɪrˈɡʲej ɪˈvanəvʲɪtɕ kʲɪˈslʲak; born 7 September 1950) is a Russian senior diplomat and politician. Since September 2017, he has represented Mo ...
. On October 5, 2020, Bash announced he would resign from the DOJ, effective on October 9, after accepting a job in the private sector.
Fox News The Fox News Channel, abbreviated FNC, commonly known as Fox News, and stylized in all caps, is an American multinational conservative cable news television channel based in New York City. It is owned by Fox News Media, which itself is owne ...
reported that his successor, Gregg N. Sofer, would continue overseeing any ongoing investigations that Bash had led. ''The Washington Post'' reported on October 13 that Bash's unmasking inquiry had concluded with no findings of substantive wrongdoing and no public report. Bash's 52-page report, previously classified top secret, was released in May 2022. Bash wrote he had found no evidence that any unmasking requests were made for any political or otherwise improper reasons during the 2016 election period or the ensuing presidential transition.


Personal life

In 2007, Bash married Zina Gelman, who had also clerked for Judge
Brett Kavanaugh Brett Michael Kavanaugh ( ; born February 12, 1965) is an American lawyer and jurist serving as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on July 9, 2018, and has served since ...
.


See also

*
List of law clerks of the Supreme Court of the United States (Seat 9) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. M ...


References


External links


Biography at U.S. Department of Justice

Appearances at the U.S. Supreme Court
Oyez.org.
Appearances
on C-Span.org. {{DEFAULTSORT:Bash, John Franklin III Living people Year of birth missing (living people) Texas lawyers 21st-century American lawyers Harvard College alumni Harvard Law School alumni United States Attorneys for the Western District of Texas Law clerks of the Supreme Court of the United States United States Department of Justice lawyers Trump administration personnel People associated with Gibson Dunn The Harvard Crimson people