William H. Pauley III
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William Henry Pauley III (August 14, 1952 – July 6, 2021) was a United States district judge of the United States District Court for the Southern District of New York. He was noted for issuing the opinion in '' ACLU v. Clapper'' in 2013 concerning the legality of the National Security Agency's bulk collection of metadata, as well as sentencing Michael Cohen to three years in prison in 2018.


Education and career

Pauley was born in Glen Cove,
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
, on August 14, 1952. He obtained a Bachelor of Arts degree from
Duke University Duke University is a private research university in Durham, North Carolina. Founded by Methodists and Quakers in the present-day city of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco and electric power industrialist James ...
in 1974 and a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
from Duke University School of Law in 1977. He was a
law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
for the Office of the Nassau County Attorney in New York from 1977 to 1978. He was a Deputy County Attorney in the Nassau County Attorney's Office in 1978. He was in private practice in New York City from 1978 to 1998. He was an assistant counsel for the New York State Assembly Minority Leader from 1984 to 1998.


Federal judicial service

Pauley was nominated by Bill Clinton to a seat on the United States District Court for the Southern District of New York on May 21, 1998. This was to fill the vacancy by
Peter K. Leisure Peter Keeton Leisure (March 21, 1929 – September 17, 2013) was a United States district judge of the United States District Court for the Southern District of New York. Education and career Born in New York City, New York, Leisure received a ...
. Pauley was confirmed by the United States Senate on October 21, 1998, and received his commission the next day. He assumed senior status on March 1, 2018.


Notable decisions

Pauley oversaw the criminal proceedings against
Ben-ami Kadish Ben-Ami Kadish (September 2, 1923 – July 16, 2012) was a former U.S. Army mechanical engineer. He pleaded guilty in December 2008 to being an "unregistered agent for Israel," and admitted to disclosing classified U.S. documents to Israel in the ...
, who in 2009 pleaded guilty to conspiracy to act as an unregistered agent of Israel and admitted to leaked classified U.S. military documents to an Israeli agent in 1985. In 2009, Pauley sentenced Kadish to a $50,000 fine, declining to impose a prison sentence in light of the defendant's age and health (Kadish was 85 years old at the time). Pauley stated: "This offense is a grave one that implicates the national security of the United States. Why it took the government 23 years to charge Mr. Kadish is shrouded in mystery." In December 2013, Pauley dismissed a lawsuit brought by the American Civil Liberties Union against the National Security Agency, '' ACLU v. Clapper'', over the NSA's bulk collection of metadata on nearly every phone call made in the United States being legal under
Section 215 The following is a section summary of the USA PATRIOT Act, Title II. The USA PATRIOT Act was passed by the United States United States Congress, Congress in 2001 as a response to the September 11, 2001 attacks. USA PATRIOT Act, Title II, Title II: ...
of the Patriot Act. Pauley's ruling contrasted with the opposite ruling by Judge
Richard J. Leon Richard J. Leon (born December 3, 1949) is a Senior United States district judge of the United States District Court for the District of Columbia. Early life and education Leon was born in South Natick, Massachusetts, in 1949. He is the son of ...
in a similar case in the District of Columbia, '' Klayman v. Obama''. The Second Circuit Court of Appeals reversed Pauley's ruling in May 2015 and remanded the case for further consideration. Pauley presided over the hearing in August 2018, which saw Michael Cohen, the former personal lawyer of Donald Trump, plead guilty to five counts of tax evasion, one count of providing false information to a credit institution, and two counts of campaign finance law violations. Cohen implicated Donald Trump in the hush money scandal, which involved payments to Karen McDougal and Stormy Daniels in exchange for the women's silence about alleged affairs with Trump (see
Stormy Daniels–Donald Trump scandal On January 12, 2018, ''The Wall Street Journal'' reported that in October 2016, just before the 2016 United States presidential election, Michael Cohen, lawyer for then-presidential candidate Donald Trump, arranged a payment of $130,000 to adul ...
). In December 2018, Pauley sentenced Cohen to three years in prison. In November 2018, Pauley declined to approve a proposed settlement in a case brought by the U.S. Attorney's Office against the New York City Housing Authority (NYCHA), the city's long-troubled public housing authority. Pauley ruled that the proposed settlement was "not fair, reasonable or consistent with the public interest" because it had insufficient enforcement mechanisms to address poor conditions in public housing. Pauley criticized the city's mismanagement of NYCHA, and suggested that the federal United States Department of Housing and Urban Development had also failed to perform its legal responsibility.


Personal life

Pauley was married to Kimberly until his death. Together, they had three sons. Pauley died on the morning of July 6, 2021, at his home in East Quogue, New York, from
bile duct cancer Cholangiocarcinoma, also known as bile duct cancer, is a type of cancer that forms in the bile ducts. Symptoms of cholangiocarcinoma may include abdominal pain, yellowish skin, weight loss, generalized itching, and fever. Light colored stool ...
.


References


External links

* {{DEFAULTSORT:Pauley, William H. III 1952 births 2021 deaths 20th-century American judges 21st-century American judges Duke University alumni Judges of the United States District Court for the Southern District of New York People from Glen Cove, New York United States district court judges appointed by Bill Clinton Deaths from cancer in New York (state) Deaths from gallbladder cancer