Peter D. Keisler
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Peter Douglas Keisler (born October 13, 1960) is an American lawyer whose 2006 nomination by
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
George W. Bush to 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 ...
became embroiled in partisan controversy. He is a partner at the firm of
Sidley Austin Sidley Austin LLP is an American multinational law firm with approximately 2,000 lawyers in 20 offices worldwide. The firm's headquarters is at One South Dearborn in Chicago's Loop. The firm specializes in a variety of areas in both litigati ...
in Washington, D.C., and used to be the
Assistant Attorney General Many of the divisions and offices of the United States Department of Justice are headed by an assistant attorney general. The president of the United States appoints individuals to the position of assistant attorney general with the advice and ...
in charge of the Civil Division at the U.S. Department of Justice. Upon the resignation of
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
Alberto Gonzales Alberto R. Gonzales (born August 4, 1955) is an American lawyer who served as the 80th United States Attorney General, appointed in February 2005 by President George W. Bush, becoming the highest-ranking Hispanic American in executive governme ...
, until November 9, 2007, he was also the Acting
Attorney General of the United States The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the ...
.


Background

Keisler was born in
Hempstead, New York The Town of Hempstead (also known historically as South Hempstead) is the largest of the three towns in Nassau County (alongside North Hempstead and Oyster Bay) in the U.S. state of New York. It occupies the southwestern part of the county, o ...
. A 1977 graduate from
George W. Hewlett High School George W. Hewlett High School (also known as Hewlett High School, or HHS, and replacing Woodmere High School) is a four-year public high school in Hewlett Bay Park, New York, United States. Located in the Five Towns area of Long Island, it is the ...
in
Long Island Long Island is a densely populated island in the southeastern region of the U.S. state of New York, part of the New York metropolitan area. With over 8 million people, Long Island is the most populous island in the United States and the 18 ...
, he went to
Yale University Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the w ...
both for undergraduate and law school. As an undergraduate, Keisler was the Chairman of the
Party of the Right (Yale) The Yale Political Union (YPU) is a debate society at Yale University, founded in 1934 by Alfred Whitney Griswold. It was modeled on the Cambridge Union and Oxford Union and the party system of the defunct Yale Unions of the late nineteenth and ...
and the Speaker of the
Yale Political Union The Yale Political Union (YPU) is a debate society at Yale University, founded in 1934 by Alfred Whitney Griswold. It was modeled on the Cambridge Union and Oxford Union and the party system of the defunct Yale Unions of the late nineteenth and ...
. He graduated ''magna cum laude'' from Yale College in 1981 and then entered
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & World ...
. In 1982, he helped to co-found the
Federalist Society The Federalist Society for Law and Public Policy Studies (abbreviated as FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution. Headquarter ...
, a conservative thinktank. He received his J.D. in 1985. After law school, Keisler clerked for Judge
Robert Bork Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American jurist who served as the solicitor general of the United States from 1973 to 1977. A professor at Yale Law School by occupation, he later served as a judge on the U.S. Cour ...
on the D.C. Circuit from 1985 to 1986. After this clerkship, he joined the
Office of Legal Counsel The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that assists the Attorney General's position as legal adviser to the President and all executive branch agencies. It drafts legal opinions of the Attorney ...
under President
Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
. There, he worked on the failed
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
nomination of his former boss,
Robert Bork Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American jurist who served as the solicitor general of the United States from 1973 to 1977. A professor at Yale Law School by occupation, he later served as a judge on the U.S. Cour ...
, and then on successful Supreme Court nomination of
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
. Afterward, Keisler served as a clerk for Justice Kennedy in 1988. One of his fellow clerks during that year was
Miguel Estrada Miguel Angel Estrada Castañeda (born September 25, 1961) is a Honduran-American attorney who became embroiled in controversy following his 2001 nomination by President George W. Bush to the United States Court of Appeals for the District of Col ...
, another conservative nominee to the D.C. Circuit whose nomination was controversially
filibuster A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent decision. It is sometimes referred to as "talking a bill to death" or "talking out ...
ed by the Democrats in 2003. After finishing his Supreme Court clerkship, Keisler became a partner in the Washington, D.C. office of
Sidley Austin Sidley Austin LLP is an American multinational law firm with approximately 2,000 lawyers in 20 offices worldwide. The firm's headquarters is at One South Dearborn in Chicago's Loop. The firm specializes in a variety of areas in both litigati ...
. He specialized in general and appellate litigation and telecommunications law, and argued before the U.S. Supreme Court and numerous federal Courts of Appeals. In 2002, he left his job in order to join the
Department of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
. He joined the Department on June 24, 2002, as the Principal Deputy
Associate Attorney General The associate attorney general of the United States is the third-highest-ranking official in the U.S. Department of Justice. The associate attorney general advises and assists the attorney general and the deputy attorney general in policies re ...
and Acting Associate Attorney General. Peter Keisler was sworn in as the Civil Division's Assistant Attorney General on July 1, 2003. Keisler was involved in defending the Bush Administration's policies in the
Global War on Terror The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campaign are militant ...
. He has also represented the government in defense of laws protecting access to abortion clinics and imposing requirements on telemarketing companies. In probably the most well-known case he handled, Keisler argued on behalf of the government in ''
Hamdan v. Rumsfeld ''Hamdan v. Rumsfeld'', 548 U.S. 557 (2006), is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Mili ...
'' in the D.C. Circuit and participated in both the case's appellate and Supreme Court briefs. In addition, he personally led the team that responded to a legal appeal by
Sabin Willett Peter Sabin Willett, known as Sabin Willett, (born March 6, 1957) is an American lawyer and novelist, a partner with the Philadelphia-based law firm Morgan, Lewis & Bockius, formerly a partner at Bingham McCutchen. He lives near Boston, Massa ...
, the lawyer for the seventeen remaining
Uyghur captives in Guantanamo Starting in 2002, the American government detained 22 Uyghurs in the Guantanamo Bay detainment camp. The last 3 Uyghur detainees, Yusef Abbas, Hajiakbar Abdulghupur and Saidullah Khalik, were released from Guantanamo on December 29, 2013, and l ...
, that tested the use of a provision of the
Detainee Treatment Act The Detainee Treatment Act of 2005 (DTA) is an Act of the United States Congress that was signed into law by President George W. Bush on 30 December 2005. Offered as an amendment to a supplemental defense spending bill, it contains provisions re ...
in terms of whether or not captives could challenge the rulings of their
Combatant Status Review Tribunal The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were estab ...
s. On September 6, 2007, Keisler announced his resignation from the Department of Justice in order to "spend time with his family." On September 17, 2007, President Bush announced that Keisler had agreed to remain at the Department of Justice as Acting Attorney General until the Senate confirmation of a new Attorney General; Bush also announced the nomination of
Michael Mukasey Michael Bernard Mukasey (; born July 28, 1941) is an American attorney and former federal judge who served as the 81st Attorney General of the United States from 2007 to 2009. Born in New York City in 1941, Mukasey attended Ramaz School, gradua ...
for
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
at the same time.


D.C. Circuit nomination under Bush

Originally, Keisler, a resident of
Bethesda, Maryland Bethesda () is an unincorporated, census-designated place in southern Montgomery County, Maryland. It is located just northwest of Washington, D.C. It takes its name from a local church, the Bethesda Meeting House (1820, rebuilt 1849), which ...
and a practising lawyer in Washington, D.C., was considered for a Maryland seat on the
U.S. Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryland ...
during the spring of 2001. Maryland's two Democratic senators,
Paul Sarbanes Paul Spyros Sarbanes (; February 3, 1933 – December 6, 2020) was an American politician and attorney. A member of the Democratic Party from Maryland, he served as a member of the United States House of Representatives from 1971 to 1977 ...
and
Barbara Mikulski Barbara Ann Mikulski ( ; born July 20, 1936) is an American politician and social worker who served as a United States senator from Maryland from 1987 to 2017. A member of the Democratic Party, she also served in the United States House of Repr ...
, however, blocked the White House from making the nomination on the grounds that Keisler did not have strong enough ties to the Maryland legal community. Keisler was later nominated for a position on the
D.C. 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 cou ...
on June 29, 2006 by President George W. Bush to fill a seat vacated by
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...
, whom Bush appointed Chief Justice of the United States in 2005. At the time, the 109th Senate was controlled by the Republican Party. On August 1, 2006, he received a hearing before the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations ...
. The Senate on September 29, 2006 returned the nomination to the President without acting on it, prior to adjourning for the 2006 elections, on September 30, 2006. After the 2006 midterm congressional elections (in which the Democrats reclaimed control of the Senate), President Bush renominated Keisler on November 15, 2006. The Senate returned the nomination to Bush on December 9, 2006 without acting on the nomination, before the
109th Congress The 109th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, dur ...
's final adjournment. President Bush renominated Keisler on January 9, 2007 for consideration by the Senate during the
110th Congress The 110th United States Congress was a meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009, during the last two years of the Presidency of George W. Bush. It was composed of ...
. The Democratic leadership of the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations ...
, however, refused to act on the nomination. It was reported at the time that the Democrats in the Senate did not want to confirm Keisler for four basic reasons. First, he was a co-founder of the
Federalist Society The Federalist Society for Law and Public Policy Studies (abbreviated as FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution. Headquarter ...
, a conservative legal group which many Democrats saw as seeking to control the federal judiciary. He had been on its board of directors from 1983 until 2000. Second, he clerked for
Robert Bork Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American jurist who served as the solicitor general of the United States from 1973 to 1977. A professor at Yale Law School by occupation, he later served as a judge on the U.S. Cour ...
, a controversial Republican judge whose nomination to the Supreme Court was embroiled in controversy before being rejected in 1987 by a Senate controlled by the Democrats. Third, during Keisler's tenure at 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 ...
, he was instrumental in defending some of the most controversial policies of Republican President George W. Bush concerning the
Global War on Terror The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campaign are militant ...
. Finally, he was seen as being a possible Republican contender to the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
.


Current life

On March 18, 2008, it was announced that Keisler would be returning to his former position as a partner of
Sidley Austin Sidley Austin LLP is an American multinational law firm with approximately 2,000 lawyers in 20 offices worldwide. The firm's headquarters is at One South Dearborn in Chicago's Loop. The firm specializes in a variety of areas in both litigati ...
as a global coordinator of the firm's appellate practice in its Washington, D.C. office. On October 21, 2008, Sidley Austin announced that Keisler would be joining the firm's Executive Committee, the committee that exercises general authority over the affairs of the firm. Keisler and his wife, Susan, have three children; Sydelle, Alex and Philip. Philip plays ultimate frisbee for Washington University in St Louis.


See also

* List of law clerks of the Supreme Court of the United States (Seat 1) *
George W. Bush judicial appointment controversies During President George W. Bush's two term tenure in office, a few of his nominations for federal judgeships were blocked by the Senate Democrats either directly in the Senate Judiciary Committee or on the full Senate floor in various procedura ...
*
George W. Bush Supreme Court candidates Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency. In the summer of 2005, this speculation became newsworthy due to the announcement of the retireme ...


References


External links


U.S. Department of Justice resume




* * McLure, Jaso
"Has Time Softened D.C. Circuit Nominee Peter Keisler's Partisan Edges?"
''Legal Times.'' August 21, 2006.

, - {{DEFAULTSORT:Keisler, Peter Douglas 1960 births Dismissal of U.S. attorneys controversy George W. Bush administration personnel George W. Hewlett High School alumni Law clerks of the Supreme Court of the United States Living people New York (state) Republicans People from The Five Towns, New York United States Assistant Attorneys General for the Civil Division United States Associate Attorneys General Yale Law School alumni Maryland Republicans People associated with Sidley Austin Federalist Society members