Judge Gary Brown – Nominee to the U.S. District Court for the Eastern District of New York

Judge Gary Brown has been waiting over three years for confirmation to the federal bench, a very long wait for a nominee with virtually no controversy about his record.  However, as he has now been renominated by a Republican Administration and has the support of his Democratic home state senators, he may see the bench before too long.

Background

Brown was born in Brooklyn in 1963.  He graduated summa cum laude from Columbia in 1985 and then attended Yale Law School, graduating in 1988.[1]  Brown then clerked for Judge Jacob Mishler on the U.S. District Court for the Eastern District of New York.

After his clerkship, Brown joined the U.S. Attorney’s Office for the Eastern District of New York as an AUSA in the Civil Division.[2]  In 1996, Brown shifted over to the Long Island Criminal Division, becoming the Chief in 2003.[3]

In 2005, Brown became Senior Counsel at Computer Associates International, a company that itself had attracted some attention from federal prosecutors.[4]

In 2011, Brown became a federal magistrate judge on the U.S. District Court for the Eastern District of New York, based in Central Islip in Long Island.  He serves on that court today.

History of the Seat

Brown has been nominated (for a second time) to fill a seat on the U.S. District Court for the Eastern District of New York.  This seat opened on January 21, 2015, when Judge Sandra Feuerstein moved to senior status.  President Obama first nominated Brown to fill the vacancy on July 30, 2015.[5]  While his nomination was unanimously approved by the Senate Judiciary Committee, it was blocked from a final confirmation by Senate Majority Leader Mitch McConnell.

In June 2017, Brown’s name was broached by the White House as part of a package of nominees.[6]  Brown was officially nominated on May 15, 2018.

Legal Career

Brown started his legal career by clerking on the U.S. District Court for the Eastern District of New York.  He then worked as a Civil AUSA in the Eastern District of New York, handling civil lawsuits over scams, contract, tort, and environmental issues.  Notably, Brown helped handle a civil lawsuit based on the largest food stamp fraud perpetrated by a meat market in Brooklyn.[7]

From 1996 to 2005, Brown handled criminal matters out of the Long Island Office.  During this time, he prosecuted serial killer Michael Swango, a doctor who killed several of his patients by injecting them with poisonous substances.[8]  The doctor was found guilty of manslaughter and sentenced to five years in prison.[9]

In 2005, Brown was hired by Computer Associates International as Senior Counsel.  Over the next six years, Brown represented the company in intellectual property, qui tam, and other lawsuits.[10]

Jurisprudence 

Brown has served as a U.S. Magistrate Judge since his appointment in 2011.  As of 2015, Brown had participated in nine consent trials.[11]  Among them, Brown presided over a trial regarding the seizure of an expensive sports car by city officials without due process.[12]

Brown also handled a notable case emerging from damage from Hurricane Sandy.[13]  The case involved damage to a Long Island home that insurance companies refused to cover, arguing that the damage was caused by long-term deterioration and not the hurricane.[14]  However, Brown and plaintiffs discovered that the insurance reports demonstrating this had been secretly altered.[15]  The case eventually resolved with a full insurance payout and attorney’s fees.[16]

Writings

In 1993, Brown wrote an article arguing for the reform of civil forfeiture proceedings.  Specifically, he wrote that civil forfeiture proceedings should be automatically stayed pending the resolution of parallel criminal proceedings.[17]  In the piece, he argues that such a provision would protect the rights of defendants while also helping the government by protecting the secrecy of criminal proceedings from civil discovery.[18]

In a second article, written as a criminal AUSA, Brown discussed the Criminal Street Gangs statute (CSGS) and attached sentencing enhancements.[19]  In the article, Brown argues that the enhancements are ineffective in preventing gang activity because they are burdensome to use, require proof of many elements, and, as such, are rarely used.[20]  As such, Brown advocates for reform using a potential mandatory minimum statutory sentences.[21]

Overall Assessment

Looking at Brown’s record overall, there is little that is likely to draw opposition.  Brown has not written on any hot-button issues and few of his rulings are likely to attract attention.  As the failure of Brown’s initial nomination to the federal bench had little to do with Brown himself and everything to do with the President who nominated him,  his confirmation is likely to be much smoother this time around.


[1] Sen. Comm. on the Judiciary, 114th Cong., Gary Richard Brown: Questionnaire for Judicial Nominees 1.

[2] Id. at 2.

[3] Id.

[4] Ken Schachtner, Computer Associates International Names New Senior Counsel, Long Island Business News, Mar. 18, 2005.

[5] Press Release, White House, President Obama Nominates Seven to Serve on the United States District Courts (July 30, 2015) (on file at https://obamawhitehouse.archives.gov).

[6] Zoe Tillman, The White House Has Pitched a Nominee for Manhattan’s Powerful US Attorney Opening, Buzzfeed News, Aug. 7, 2017, https://www.buzzfeednews.com/article/zoetillman/the-white-house-has-pitched-a-nominee-for-manhattans.  

[7] Selwyn Raab, Food Stamps Used in Scam to Sell Meat, N.Y. Times, Oct. 28, 1992.

[8] Charlie LeDuff, Prosecutors Say Doctor Killed to Feel a Thrill, N.Y. Times, Sept. 7, 2000.

[9] Scottsdale Abortion Doctor Sentenced to Five Years in Prison, Arizona Daily Sun, May 4, 2001, http://azdailysun.com/scottsdale-abortion-doctor-sentenced-to-five-years-in-prison/article_d08ec172-9b1c-55da-9a1f-b94c9f9ada55.html.  

[10] See Brown, supra n. 1 at 33.

[11] See id. at 15.

[12] Ferrari v. Cnty. of Suffolk, Case No. 10-CV-4218 (GRB).

[13] Raimey v. Wright Nat’l Flood Ins. Co., No. 14-CV-461 (JFB) (SIL) (GRB).  

[14] David Chen, Storm Victims Say Damage Reports Were Altered, N.Y. Times, Feb. 17, 2015.

[15] See id.

[16] See Brown, supra n. 1 at 20.

[17] Gary R. Brown, The Civil Justice Reform Act: Reforming Civil Forfeiture Law: The Case for an Automatic Stay Provision, 67 St. Johns’ L. Rev. 705 (Fall 1993).

[18] See id. at 711-12.

[19] Gary R. Brown, Less Bark, More Bite: Fixing the Criminal Street Gang Enhancement, 16 Fed. Sent. R. 148 (2003).

[20] See id. 

[21] See id. at 158.

Diane Gujarati – Nominee to the U.S. District Court for the Eastern District of New York

Diane Gujarati was the last judicial nominee that President Obama sent to the Senate during his Presidency, nominated on September 13, 2016.  Needless to say, Gujarati was not confirmed that year.  However, her renomination by President Trump is giving her a second chance at a lifetime appointment.

Background

Diane Gujarati was born on July 6, 1969, the daughter of Damodar Gujarati, a professor of economics at the U.S. Military Academy at West Point and an immigrant from India.[1]  Gujarati attended Barnard University, graduating summa cum laude in 1990. Gujarati then attended Yale Law School, graduating in 1995.  She then clerked for Judge John Walker on the U.S. Court of Appeals for the Second Circuit.

After her clerkships, Gujarati became an associate at Davis Polk & Wardwell LLP in New York City.  After three years there, Gujarati became an Assistant U.S. Attorney for the U.S. Attorney’s Office for the Southern District of New York.  She currently serves as Deputy Chief of the Criminal Division for the Office.

History of the Seat

Gujarati has been nominated for a seat on the U.S. District Court for the Eastern District of New York.  This seat has an impressive pedigree, having previously been held by two notable luminaries: Judge Jack Weinstein; and Judge John Gleeson.  Gleeson resigned the bench on March 9, 2016, opening this vacancy.  While the seat opened fairly late in the Obama Administration, Gujarati was nonetheless nominated on September 13, 2016.  Gujarati was never processed by the Republican Senate and was sent back to the White House in January 2017.

In June 2017, Gujarati’s name was broached by the White House to New York’s Democratic senators as part of a package of nominees.[2]  Gujarati was officially nominated on May 15, 2018.

Legal Experience

Other than her clerkship and a short stint at Davis Polk & Wardwell LLP, Gujarati has spent her legal career as a federal prosecutor in the Southern District of New York, working on criminal matters.  Early in her stint, Gujarati prosecuted security guard Ronald Ferry for lying to federal authorities about finding a pilot radio in the room of an Egyptian student shortly after the 9/11 attacks.[3]  Gujarati asked for a six month sentence, which the judge allowed Ferry to serve on weekends.[4]  The lenient sentence drew criticism from student in question, Abdallah Higazy, and the New York Daily News, which called it a “slap on the wrist.”[5]  Gujarati also helped prosecute N.Y. mob boss Louis Daidone, who had allegedly once stuffed a dead canary in the mouth of an informant he killed.[6]

As she gained seniority in the office, Gujarati served as Deputy Chief of the Appeals Unit of the Criminal Division from 2006 to 2008.  During that time, she supervised a series of appeals including a Confrontation Clause challenge brought by an alleged mob member,[7] and a timeliness challenge in a securities case.[8]  She then served as Chief of the White Plains Office from 2008 to 2012 and has served as Deputy Chief of the Criminal Division since then.

Overall Assessment

Generally speaking (although it’s not guaranteed), any nominee put forward by both Obama and Trump is likely to be considered a consensus nominee.  After all, if two Presidents with fairly different criteria for selecting judges can come to a consensus on a nominee’s fitness, it is unlikely that senators will disagree.  Setting that aside, Gujarati clearly has the requisite qualifications to be a district court judge.  Her history of both prosecuting and supervising prosecutors ensures that she has the legal and organizational abilities to handle a courtroom.

If confirmed, Gujarati would replace another former prosecutor who became one of the strongest voices on the judiciary for holding prosecutors accountable.[9]  It remains to be seen if Gujarati will continue Gleeson’s traditions of ensuring an even playing field between prosecutors and defendants in the courtroom.


[1] Weddings; Diane Gujarati, Charles Chesnut, N.Y. Times, Oct. 29, 2000.

[2] Zoe Tillman, The White House Has Pitched a Nominee for Manhattan’s Powerful US Attorney Opening, Buzzfeed News, Aug. 7, 2017, https://www.buzzfeednews.com/article/zoetillman/the-white-house-has-pitched-a-nominee-for-manhattans.  

[3] Robert Gearty, Jail Weekends for Guard in Pilot Radio Case, N.Y. Daily News, May 31, 2002.

[4] See id.

[5] See id.

[6] Dan Mangan, Gruesome Tale of Mob ‘Canary’ Killer, N.Y. Post, Jan. 13, 2004.

[7] United States v. Lombardozzi, 491 F.3d 61 (2d Cir. 2007).

[8] United States v. Rutkoske, 506 F.3d 170 (2d Cir. 2007).

[9] See, e.g., Colby Hamilton, The Gotti Antagonist Who Brought Down a Sentencing Regime, Politico, March 17, 2016, https://www.politico.com/states/new-york/city-hall/story/2016/03/the-gotti-antagonist-who-brought-down-a-sentencing-regime-032867.

Eric Komitee – Nominee for the U.S. District Court for the Eastern District of New York

Eric Komitee who recently left a very lucrative position as General Counsel,[1]  is Trump’s newest nominee to the Brooklyn based Eastern District.

Background

Eric Ross Komitee was born in Freeport, New York on December 21, 1970.  Komitee received a B.A. with High Honors from Emory University in 1992 and a J.D. cum laude from New York University School of Law in 1995.[2]  Komitee then clerked for Judge J.L. Edmondson on the U.S. Court of Appeals for the Eleventh Circuit.[3]

After his clerkship, Komitee joined the New York office of Cravath Swaine & Moore as an Associate.[4]  In 1998, he moved to Skadden, Arps, Slate, Meagher & Flom LLP.  In 2000, he shifted again, joining the U.S. Attorney’s Office for the Eastern District of New York as a federal prosecutor.[5]

In 2008, Komitee left the U.S. Attorney’s Office to join Viking Global Investors LP, a New York based hedge fund, as General Counsel.[6]  Komitee left the fund in June 2018.

History of the Seat

Komitee has been nominated for a seat on the U.S. District Court for the Eastern District of New York.  This seat opened on February 28, 2017, when Judge Eric Vitaliano moved to senior status.  In early February 2017, Komitee submitted a resume to the White House for the vacancy.[7]

In July 2017, Komitee’s name was broached by the White House as part of a package of nominees to New York Sens. Chuck Schumer and Kirsten Gillibrand.[8]  Komitee interviewed with Schumer in November 2017, and was officially nominated on May 15, 2018.

Legal Experience

Komitee started his legal career in the New York offices of big firms Cravath and Skadden.  At Cravath, Komitee focused primarily on mergers and acquisitions and other forms of corporate law, while at Skadden, Komitee focused largely on representing corporations in criminal and SEC investigations.[9]  Additionally, at Skadden, Komitee sued a local sheet metal union to secure back pay for workers suffering from racial discrimination.[10]

From 2000 to 2008, Komitee worked as an Assistant U.S. Attorney in the Eastern District of New York, focusing on prosecuting white collar and corporate crime.[11]  Komitee has also prosecuted a number of organized crime cases, including fighting scams linked to the Gambino crime family.[12]  Komitee also prosecuted the largest consumer fraud case ever brought by the Federal Trade Commission (as of 2006), related to a widespread telecommunications fraud.[13]

From 2008 to 2018, Komitee worked as General Counsel to Viking Global Investors LP, focusing on transactional and compliance work.  Komitee also handled contract and employment related matters for the hedge fund.

Political Activity

Komitee has a relatively limited political history, having made five donations over the past few years, all to Republicans.[14]  The recipients of Komitee’s donations are Rep. Trey Gowdy, former Sen. Scott Brown, Gov. Mitt Romney (during his 2012 Presidential campaign), Sen. Marco Rubio, and the National Republican Congressional Committee.[15]

Writings

As a law student, Komitee authored an article discussing the influence of dismissed charges on sentencing under the U.S. Sentencing Guidelines.[16]  In the article, Komitee argues that judges should not be permitted to depart upwards in a defendant’s sentence based on charges ultimately dismissed as a part of plea bargains.[17]  Komitee notes that allowing such upward departures would remove the incentive for defendants to plea-bargain and as such, “would have grave consequences for the ability of the criminal justice system to process cases and reach equitable results.”[18]

Overall Assessment

As he has already been pre-approved by Schumer and Gillibrand, it is unlikely that Komitee will face too much trouble through the confirmation process.  His record is fairly noncontroversial, and he has not written or spoken on any controversial issues.  As such, it is more a question of when, rather than if, Komitee will be confirmed.


[1] See C. Ryan Barber, Eric Komitee, Trump Pick for NY Court, Made Millions as Hedge Fund GC, Corporate Counsel, July 11, 2018, https://www.law.com/corpcounsel/2018/07/11/eric-komitee-trump-pick-for-ny-court-made-millions-as-hedge-fund-gc//.

[2] Sen. Comm. on the Judiciary, 115th Cong., Eric R. Komitee: Questionnaire for Judicial Nominees 1.

[3] See id. at 2.

[4] See id.

[5] Id.

[6] See Barber, supra n. 1

[7] See Komitee, supra n. 2 at 28.

[8] Zoe Tillman, The White House Has Pitched a Nominee for Manhattan’s Powerful US Attorney Opening, Buzzfeed News, Aug. 7, 2017, https://www.buzzfeednews.com/article/zoetillman/the-white-house-has-pitched-a-nominee-for-manhattans.  

[9] See Komitee, supra n. 2 at 16.

[10] EEOC v. Local 638, 117 F. Supp. 2d 386 (S.D.N.Y. 2000).

[11] See Komitee, supra n. 2 at 15.

[12] See Greg B. Smith, Mob Dials for Dough Say Millions Swindled Using Tiny Midwest Firm, N.Y. Daily News, Sept. 19, 2004.  

[13] United States v. LoCascio, No. 1:03-cr-00304-CBA (E.D.N.Y.), aff’d, 185 F. App’x 88 (2d Cir. 2006).

[15] See id.

[16] See Eric R. Komitee, Bargains Without Benefits: Do the Sentencing Guidelines Permit Upward Depatures to Redress the Dismissal of Charges Pursuant to Plea Bargains?, 70 N.Y.U. L. Rev. 166 (April 1995).

[17] Id. at 194-95.

[18] See id. at 195.

Rachel Kovner – Nominee for the U.S. District Court for the Eastern District of New York

Despite being only 38 years old, Rachel Kovner is an extremely accomplished advocate.  A former Supreme Court clerk, Kovner currently represents the U.S. Government in the Solicitor General’s Office and has argued 11 cases before the U.S. Supreme Court.  This record along with the support of New York Senators Chuck Schumer & Kirsten Gillibrand makes Kovner a fairly noncontroversial nominee as well as a likely candidate for elevation to the Second Circuit and, potentially, the Supreme Court.

Background

Rachel Peter Kovner was born in New York on September 29, 1979.  Kovner attended Harvard University, graduating summa cum laude in 2001.[1]  While at Harvard, Kovner was an editor for the Harvard Crimson.[2]  After graduating, Kovner was hired by the New York Sun (her father Bruce Kovner was one of the paper’s investors) as a reporter.[3]

In 2003, Kovner joined Stanford Law School, graduating in 2006. She then clerked for Judge J. Harvie Wilkinson on the U.S. Court of Appeals for the Fourth Circuit, and then for Justice Antonin Scalia on the U.S. Supreme Court.[4]

After her clerkships, Kovner was hired by incoming U.S. Attorney Preet Bharara to be a federal prosecutor in the Southern District of New York.[5]  After four years there, Kovner became Assistant to the Solicitor General in the U.S. Solicitor General’s Office.  Kovner currently practices there.

History of the Seat

Kovner has been nominated for a seat on the U.S. District Court for the Eastern District of New York.  This seat opened on November 30, 2016, when Judge Carol Amon moved to senior status.  As the seat opened after the 2016 Presidential election, no nomination was made for the seat by President Obama.

Kovner received a call from the White House to gauge her interest in a federal judgeship in March 2017.[6]  After she confirmed her interest and interviewed with the White House, Kovner’s name was broached by the White House as part of a package of nominees.[7]  Kovner interviewed with Schumer in April 2018, and was approved.  Kovner was officially nominated on May 15, 2018.

Legal Experience

Kovner started her legal career by clerking for two of the most influential conservatives on the federal judiciary, Judge J. Harvie Wilkinson and Justice Antonin Scalia.  After those clerkships, Kovner joined the U.S. Attorney’s Office for the Southern District of New York, one of the most prestigious stations for a prosecutor.  At the office, Kovner started in the general crimes unit, and then moved to narcotics and finally the terrorism and international narcotics trafficking unit.[8]

At the U.S. Attorney’s Office, Kovner notably helped in prosecuting Khaled Al Fawwaz and Adel Abdel Bary for their role in the al Qaeda conspiracy to bomb the U.S. Embassies in Kenya and Tanzania.[9]  Kovner also helped try and secure a 63 month sentence for a tax preparer who assisted in preparing fraudulent tax returns.[10]

Since 2013, Kovner has worked as Assistant to the Solicitor General.  Having worked in the Solicitor General’s Office in both the Obama and Trump Administrations, Kovner has worked under four Solicitors General: Democrats Don Verrilli and Ian Gershengorn; and Republicans Jeff Wall and Noel Francisco.  Over her tenure, Kovner has argued the following eleven cases before the U.S. Supreme Court:

Prado Navarette v. California[11] – This was a Fourth Amendment challenge to the stop of a vehicle suspected of having an impaired driver.  The driver challenged the stop, which was based on an anonymous tip, as failing to meet the standard of reasonable suspicion of a crime as the officer had not witnessed any wrongdoing.  Kovner argued in support of California’s position that officers need not witness wrongdoing in order to meet the reasonable suspicion standard.  The Supreme Court ruled 5-4 that officers are not required to independently corroborate tips about illegal activity before pulling over a motorist.

Heien v. North Carolina[12] – In this case, a North Carolina sheriff pulled over a motorist for a broken tail light and found cocaine in the vehicle.  However, it was later discovered that a single broken tail light was not against the law in North Carolina, and that, as such, the sheriff made a mistake in pulling the car over.  The Supreme Court was asked to determine if the mistake of law justified excluding any evidence found during the stop.  Kovner argued as amicus in support of North Carolina’s position that the evidence should not be excluded.  The Supreme Court agreed in an 8-1 decision.

Mellouli v. Lynch[13] – This case asked if, under the Immigration and Nationality Act, the government could deport an alien convicted of a drug paraphernalia crime without proving a connection with items on the federal Controlled Substances Act?  Kovner argued for the government that they could deport Mellouli, an immigrant from Tunisia, who was convicted of possessing drug paraphernalia in Kansas for possessing four Adderall.  The Supreme Court disagreed in a 7-2 decision.

Sturgeon v. Frost[14] – John Sturgeon was traveling on a hovercraft in the Yukon-Charley River, an Alaska navigable river that runs through the Yukon-Charley River National Preserve, owned and managed by the National Park Service.  When Sturgeon was cited for using the hovercraft, he filed suit.  At the Supreme Court, Kovner defended the lower court decisions supporting the federal government’s authority over the river, but the Supreme Court unanimously reversed, holding that the Park Service could not enforce a hovercraft ban on state waterways.

Kansas v. Carr[15] – This case involving the constitutionality of death penalty convictions in Kansas had Kovner arguing only in an amicus capacity supporting the Kansas convictions.  The Supreme Court ultimately upheld the convictions by an 8-1 vote.

Pena-Rodriguez v. Colorado[16] – After Miguel Pena-Rodriguez was convicted of unlawful sexual conduct in Colorado, two jurors revealed racially biased statements made by a juror during deliberations.  However, the Colorado Supreme Court refused to grant Pena-Rodriguez a new trial, arguing that the secrecy of jury deliberations required excluding the jurors’ testimony.  As amicus at the Supreme Court, Kovner argued in support of Colorado’s position.  However, the Supreme Court struck down the conviction in a 5-3 vote.

McLane Company, Inc. v. EEOC[17] – This case involved whether a district court’s decision not to enforce an EEOC subpoena is reviewed de novo or with deference to the trial judge.  Kovner argued for the federal government that no deference should be given to trial court decisions not to enforce subpoenas, but the Supreme Court ruled otherwise in a 7-1 opinion (with only Justice Ginsburg dissenting).

Bristol-Myers Squibb Co. v. Super. Ct. of Cal.[18] – The State of California sought to establish jurisdiction over a class action of claims against Bristol-Myers, including claims from plaintiffs in Texas and New York whose claims were not related to California.  Kovner argued for the United States that California could not exercise jurisdiction over the unrelated claims.  The Supreme Court agreed in a 8-1 decision (Justice Sotomayor dissented).

Nat’l Ass’n of Mfrs. v. Dep’t of Defense[19] – This case involved the interpretation of the Clean Water Act, and whether it gave the federal courts of appeals the authority to directly review the EPA’s Waters of the United States Rule (which defined which waters were covered under the Act’s authority).  While Kovner argued, for the government, that the Rule should fall under a provision that triggers direct appellate review, a unanimous Supreme Court disagreed in an opinion by Justice Sotomayor.

Hughes v. United States[20] – In 2011, the U.S. Supreme Court held 4-1-4 in Freeman v. U.S. that district judges could modify sentences after the Sentencing Commission changes the Sentencing Guidelines even where the sentence was based on a plea bargain.  This case involved the application of the plurality opinion from Freeman to pleas under Fed. R. Crim. Pro. 11(c)(1)(c).  Kovner argued that, as the relevant rule requires the government to agree to a specific sentence, future Sentencing Guideline amendments could not be used to amend the sentence.  The Supreme Court disagreed 6-3 (with Justice Kennedy writing for the Court).

Wis. Cent. Ltd. v. United States[21] – In this case, senior employees of the Canadian National Railway Company argued that, under the Railroad Retirement Tax Act, their stock options should not be considered “taxable income.”  Kovner argued for the government that the stock options should be considered “taxable.”  Ultimately, the Court split 5-4, with Justice Gorsuch writing for the five most conservative Justices on the Court in siding with the employees.

Writings

Before entering law school, Kovner worked as a journalist at the New York Sun,and before that, interned and wrote for the Harvard Crimson, the Charlotte Observer, and the St. Louis Post-Dispatch.  In these roles, Kovner wrote hundreds of articles covering a variety of news stories.  Kovner has reported on issues including gun control,[22] Israel policy,[23] and workplace harassment,[24] among others.

Overall Assessment

At 38, Kovner is one of the youngest Trump nominees so far, and the youngest nominee put forward for the New York bench since Judge Alison Nathan in 2011.  However, unlike Nathan, who narrowly scraped through to confirmation in a party-line vote, Kovner is likely to be approved comfortably.  Setting aside her support from Schumer and Gillibrand, Kovner’s credentials are unquestionable.  Furthermore, Kovner does not have a partisan background and does not seem to be a member of the Federalist Society.  As such, it is likely that Kovner will, when her time comes, be approved with bipartisan support.


[1] Sen. Comm. on the Judiciary, 115th Cong., Rachel P. Kovner: Questionnaire for Judicial Nominees 1.

[2] Sridhar Pappu and Gabriel Snyder, New York Sun Editors Discuss Their Game Plan, the Risk, and Their Four Employees, New York Observer, Jan. 21, 2002. 

[3] See id.

[4] See Kovner, supra n. 1 at 2.

[5] See id.

[6] See id. at 55.

[7] Zoe Tillman, The White House Has Pitched a Nominee for Manhattan’s Powerful US Attorney Opening, Buzzfeed News, Aug. 7, 2017, https://www.buzzfeednews.com/article/zoetillman/the-white-house-has-pitched-a-nominee-for-manhattans.  

[8] See Kovner, supra n. 1 at 34.

[9] United States v. Fawwaz, 98-cr-1023 (S.D.N.Y.) (LAK) No. 15-1731 (2d Cir. 2017).

[10] United States v. Jackson, No. 10-cr-298 (S.D.N.Y.) (CM), No. 11-4031 (2d Cir. 2012).

[11] 134 S. Ct. 1683 (2014).

[12] 

[13] 135 S. Ct. 1980 (2015).

[14] 136 S. Ct. 1061 (2016).

[15] 136 S. Ct. 633 (2016).

[16] 137 S. Ct. 855 (2017).

[17] 137 S. Ct. 1159 (2017).

[18] 136 S. Ct. 1773 (2017).

[19] 138 S. Ct. 617 (2018).

[20] No. 17-155 (June 4, 2018).

[21] No. 17-530 (June 21, 2018).

[22] See, e.g. Gun Control Group Plans An Attack on Bush in “Battleground States” Of Missouri, Illinois; Members of Organization Say Gore Can Use The Gun Issue To His Advantage, St. Louis Post-Dispatch, Aug. 2, 2000.

[23] See, e.g., Anti-Israel Drive Seeks to Revive Financial Tactic, N.Y. Sun, May 13, 2002.

[24] See, e.g. Employees Say Hennekens Harassed Them, Harvard Crimson, May 10, 1999.