Benjamin Civiletti Explained

Ben Civiletti
Office:73rd United States Attorney General
President:Jimmy Carter
Term Start:August 16, 1979
Term End:January 19, 1981
Predecessor:Griffin Bell
Successor:William French Smith
Office1:17th United States Deputy Attorney General
President1:Jimmy Carter
Term Start1:May 16, 1978
Term End1:August 16, 1979
Predecessor1:Peter F. Flaherty
Successor1:Charles B. Renfrew
Office2:United States Assistant Attorney General for the Criminal Division
President2:Jimmy Carter
Term Start2:March 10, 1977
Term End2:May 16, 1978
Predecessor2:Dick Thornburgh
Successor2:Philip Heymann
Birth Name:Benjamin Richard Civiletti
Birth Date:17 July 1935
Birth Place:Peekskill, New York, U.S.
Death Place:Lutherville, Maryland, U.S.
Party:Democratic
Children:3

Benjamin Richard Civiletti (July 17, 1935October 16, 2022) was an American lawyer who served as the United States Attorney General during the Carter administration, from 1979 to 1981. The first Italian American to lead the U.S. Department of Justice, he previously served as the Deputy Attorney General and Assistant Attorney General for the Criminal Division. Later he was a senior partner in the Baltimore-based law firm of Venable LLP (known until 2003 as Venable, Baetjer & Howard).[1] He specialized in commercial litigation and internal investigations working at Venable LLP.

Beginning in 2001, Civiletti was one of the three members of the Independent Review Board,[2] a board that the International Brotherhood of Teamsters union must answer to when allegations of corruption or organized crime infiltration surface under the terms of a consent decree issued in 1989[3] by a federal district court judgment.[4]

Early life and career

Civiletti was born in Peekskill, New York.[5] His father, Benjamin, worked as a grocery store manager; his mother was Virginia (Muller). Civiletti was raised in nearby Lake Mahopac and Shrub Oak and attended the Washington Irving High School which was in Tarrytown.[5] He graduated from Johns Hopkins University receiving a Bachelor of Arts in psychology in 1957.[5] [6] He attended Columbia Law School and earned a Bachelor of Laws degree from the University of Maryland School of Law in Baltimore.[7] [5] [8] [9]

Civiletti was a law clerk for W. Calvin Chesnut, a judge on the U.S. District Court for the District of Maryland. He then became an assistant United States Attorney in Baltimore a year after graduating from law school, serving in that capacity until 1964.[5]

Career

Griffin Bell noticed Civiletti's accomplishments while Bell was forming the Justice Department leadership team for the presidency of Jimmy Carter by his confidant, Charles Kirbo, a law partner of Bell's who had once been involved in a case with Civiletti.[10] In February 1977, Carter nominated Civletti to succeed Richard Thornburgh as United States Assistant Attorney General in charge of the Criminal Division.[11] In 1978, he was nominated to become the Deputy Attorney General.[12]

Civiletti was serving as the Deputy Attorney General when Griffin Bell resigned as Attorney General of the United States.[5] He was appointed to the Justice Department's top position on July 19, 1979,[13] becoming the first Italian American to assume the role of attorney general.[14] Although Bell voluntarily resigned, his resignation happened during a major cabinet shakeup in the Carter administration. Secretary of Health, Education, and Welfare Joseph A. Califano, Jr. and Secretary of the Treasury W. Michael Blumenthal also resigned on the same day.[15] [16] Transportation Secretary Brock Adams resigned soon afterwards.[17]

As the US Attorney General, Civiletti argued several important cases on behalf of the U.S. government. Notably he argued before the International Court of Justice on behalf of Americans being held captive in Iran during the Iran hostage crisis, in the Case Concerning United States Diplomatic and Consular Staff in Tehran.[18] He also argued before the Supreme Court in support of the government's right to denaturalize Nazi war criminals in Fedorenko v. United States.[19]

Opinions which were written by Civiletti while he was attorney general, interpreted the United States Constitution and U.S. federal law to say that government cannot operate until Congress agrees on a spending bill. They set the stage for partial government shutdowns in later years.[20]

While serving as Attorney General, Civiletti recommended, and President Carter agreed to a commutation of sentences to time served for four unrepentant Puerto Rican nationalists convicted of shooting five U.S. Congressmen at the U.S. Capitol. The commutations happened in spite of public opposition from Puerto Rico's governor who believed it would encourage more terrorism.[21] [22]

On July 10, 2008, Maryland Governor Martin O'Malley announced that Civiletti would serve as the chairman of the Maryland Commission on Capital Punishment which was set up to study the application of capital punishment in Maryland and make a recommendation on the abolition of the death penalty in Maryland.[9] On November 12, 2008, the commission voted 13–7 with Civiletti voting with the majority, to recommend that the Maryland General Assembly abolish capital punishment in the state.[23]

Personal life

Civiletti married Gaile L. Lundgren in 1958. They had three children: Benjamin H., Andrew S., and Lynne T. Civiletti.[5]

Civiletti died on October 16, 2022, at home in Lutherville, Maryland. He was 87 and suffered from Parkinson's disease prior to his death.[5]

Recognition

Notes and References

  1. Web site: Attorney General: Benjamin Richard Civiletti. October 23, 2014. October 16, 2019.
  2. Web site: The Independent Review Board. January 19, 2018. October 11, 2019. https://web.archive.org/web/20191011231610/https://teamster.org/content/independent-review-board. dead.
  3. Web site: Teamster Corruption and the Consent Decree. October 16, 2019.
  4. http://www.teamster.org/content/independent-review-board The Independent Review Board
  5. News: Benjamin Civiletti, 87, Attorney General in Iran Hostage Crisis, Dies. Robert D.. McFadden. October 17, 2022. October 17, 2022. The New York Times.
  6. Web site: Benjamin R. Civiletti. Venable LLP. July 15, 2010.
  7. Web site: Benjamin R. Civiletti, former U.S. Attorney general and partner at Venable LLP, dies .
  8. Web site: Benjamin R. Civiletti | Professionals | Venable LLP.
  9. Web site: Governor O'Malley Announces Benjamin Civiletti as Chairman of Maryland Commission on Capital Punishment, Announces Commission Members. July 10, 2008. Annapolis, Maryland. Office of the Governor. July 15, 2010. dead. https://web.archive.org/web/20100621174329/http://www.governor.maryland.gov//pressreleases/080710b.asp. June 21, 2010.
  10. Web site: 20 Jul 1979, 44 – The Orlando Sentinel at . Newspapers.com . July 20, 1979 . October 17, 2022.
  11. Web site: 16 Feb 1977. 31 . Casper Star-Tribune . Newspapers.com . February 16, 1977 . October 17, 2022.
  12. Web site: 21 Feb 1978. 7 . The Morning News. Newspapers.com . February 21, 1978 . October 17, 2022.
  13. Web site: Department of Justice Resignation of Griffin B. Bell and Nomination of Benjamin R. Civiletti To Be Attorney General. July 19, 1979. October 17, 2022. The American Presidency Project. University of California, Santa Barbara.
  14. News: Romance Language. Mary. Battiata. September 15, 1980. October 17, 2022. The Washington Post.
  15. News: Carter Replaces Bell, Blumenthal, Califano; Miller Goes to Treasury. A1. Terence. Smith. July 20, 1979. October 17, 2022. The New York Times.
  16. News: Califano, Blumenthal Are Fired From Cabinet. Edward. Walsh. July 20, 1979. October 17, 2022. The Washington Post.
  17. News: Carter Asserts He Has No Apologies to Make Over Cabinet Changes. 1. Terence. Smith. July 22, 1979. October 17, 2022. The New York Times.
  18. Web site: Oral Arguments on the Request for the Indication for Provisional Measures: Minutes of the Public Sittings Held at the Peace Palace, The Hague, 10 December and on 15 December 1979, President Sir Humphrey Waldock Presiding . May 23, 2013 . https://web.archive.org/web/20140223012239/http://www.icj-cij.org/docket/files/64/9553.pdf . February 23, 2014 . dead .
  19. Web site: 16 Oct 1980, 24 – The Gazette at . Newspapers.com . October 16, 1980 . October 17, 2022.
  20. News: The Lawyer Who Raised The Shutdown Stakes . Scott Horsley . All Things Considered . NPR . January 12, 2019 . April 8, 2011.
  21. Web site: Puerto Rican Nationalists Announcement of the President's Commutation of Sentences . The American Presidency Project . January 12, 2019 . September 6, 1979.
  22. Nation: We Have Nothing to Repent . . January 12, 2019 . September 24, 1979.
  23. News: Repeal of death penalty urged. Dechter, Gadi. Smitherman, Laura. The Baltimore Sun. November 13, 2008. July 15, 2010.
  24. Web site: Golden Plate Awardees of the American Academy of Achievement . www.achievement.org. American Academy of Achievement.
  25. Web site: August 7, 2009 . Venable Partner Ben Civiletti Named American Lawyer Lifetime Achievement Award Winner for 2009. Venable LLP.
  26. Web site: September 30, 2012 . EJC marks Civiletti's lifetime of achievement. The Daily Record.