Michael W. Mosman Explained

Michael W. Mosman
Office:Senior Judge of the United States District Court for the District of Oregon
Term Start:December 27, 2021
Office1:Chief Judge of the United States District Court for the District of Oregon
Term Start1:February 1, 2016
Term End1:December 23, 2019
Predecessor1:Ann Aiken
Successor1:Marco A. Hernandez
Office2:Judge of the United States Foreign Intelligence Surveillance Court
Term Start2:May 4, 2013
Term End2:May 3, 2020
Appointer2:John Roberts
Predecessor2:Roger Vinson
Successor2:Liam O'Grady
Office3:Judge of the United States District Court for the District of Oregon
Term Start3:September 26, 2003
Term End3:December 27, 2021
Appointer3:George W. Bush
Predecessor3:Robert E. Jones
Successor3:Adrienne Nelson
Office4:United States Attorney for the District of Oregon
Term Start4:2001
Term End4:2003
President4:George W. Bush
Predecessor4:Kristine Olson
Successor4:Karin Immergut
Birth Name:Michael Wise Mosman
Birth Date:23 December 1956
Birth Place:Eugene, Oregon, U.S.
Alma Mater:Ricks College (AB)
Utah State University (BS)
Brigham Young University (JD)

Michael Wise Mosman (born December 23, 1956) is a senior United States district judge of the United States District Court for the District of Oregon. He served as Chief Judge for the U.S. District Court for the District of Oregon from February 1, 2016, to December 23, 2019. He also served a 7-year term on the FISA Court from May 4, 2013, to May 3, 2020.[1] He previously served as the United States attorney for the same district.

Early life and education

Michael Mosman was born in the Willamette Valley of Oregon in 1956 in the city of Eugene. He grew up in Lewiston, Idaho, the son of an attorney and judge with an older sister and three younger brothers. He attended Ricks College in Idaho, which is now Brigham Young University–Idaho. He graduated with an Artium Baccalaureus degree in 1979 before attending Utah State University in Logan, Utah. At Utah State he graduated with a Bachelor of Science degree in 1981, and was the valedictorian of his class.[2] Mosman then went on to law school at Brigham Young University's J. Reuben Clark Law School. He graduated there in 1984 with a Juris Doctor. At BYU he was the editor of the law review, and graduated magna cum laude.[2]

Career

In 1984, Mosman clerked for Malcolm Richard Wilkey, judge on the United States Court of Appeals for the District of Columbia Circuit. The following year he entered private legal practice for part of 1985 as an associate at Shaw, Pittman, Potts & Trowbridge (now Pillsbury Winthrop Shaw Pittman). Mosman then was a clerk for Justice Lewis F. Powell of the Supreme Court of the United States. While clerking for Powell, he was involved in the justice's voting to uphold Georgia's sodomy law in Bowers v. Hardwick, writing[3]

"The right to privacy calls for the greatest judicial restraint, invalidating only those laws that impinge on those values that are basic to our country"

and

"I do not think that this case involves any such values. I recommend reversal [of the Eleventh Circuit decision]...Personal sexual freedom is a newcomer among our national values, and may well be, as discussed earlier, a temporary national mood that fades."

After leaving Powell's employ, Mosman entered private practice in Portland, Oregon, in 1986 at Miller Nash (now Miller Nash Graham & Dunn).

United States attorney

In 1988, he began working as an assistant United States attorney for the District of Oregon, remaining until 2001. That year he became the United States attorney for the District of Oregon, serving until 2003. He replaced Kristine Olson Rogers who had resigned.[4]

Federal judicial service

On May 8, 2003, President George W. Bush nominated Mosman to serve as United States district judge of the United States District Court for the District of Oregon to the seat vacated by Robert E. Jones, who assumed senior status on May 1, 2000. Senators Ron Wyden and Gordon H. Smith spoke at the confirmation hearing, highlighting his prior service in the war on terrorism and that a bipartisan commission established to fill the vacancy left by Robert E. Jones had discovered him.[5] On September 25, 2003, he was confirmed by the United States Senate by a 93–0 vote.[6] He received his commission on September 26, 2003. He served as Chief Judge for approximately 4 years from February 1, 2016, to December 23, 2019.[7] He assumed senior status on December 27, 2021.

Foreign Intelligence Surveillance Court & Alien Terrorist Removal Court

He served a full 7-year term as a Judge of the United States Foreign Intelligence Surveillance Court from May 2013 to May 2020. He served as a judge of the Alien Terrorist Removal Court from 2018 to 2023.

Notable cases

Lemons v. Bradbury

On February 1, 2008, in Lemons v. Bradbury, Mosman dismissed the lawsuit and lifted an injunction against Oregon's new civil union law.[8] Mosman had issued the temporary injunction in December 2007 to prevent Oregon's new civil union law from taking effect in January.[9] This was in response to a legal challenge by a group that had attempted to place a referendum on the November 2008 ballot to block the civil union law that had been passed by the Oregon Legislative Assembly.[10] The legal issue centered on how the Oregon Secretary of State verified signatures on petitions.[9]

Carter Page Warrant

In 2017, Mosman approved renewal of a FISA Court warrant for Carter Page, a former adviser to the 2016 Trump Campaign. In July 2018, the warrant application was released publicly, marking the first time FISA warrant application materials were made public.[11] The heavily redacted, 412-page application cites many sources, including confidential informants.[12] Among those many sources, the application cites the Steele dossier, leading a legal commentator to criticize the basis of the warrant.[13]

Kawhi Leonard v. Nike Inc

In April, 2020, Mosman granted Nike's motion dismissing Kawhi Leonard's copyright claims over a disputed logo, writing

"It's not merely a derivative work of the sketch itself...I do find it to be new and significantly different from the design."[14]

Oregon restraining order against Department of Homeland Security (2020)

In July 2020, the Oregon Attorney General, Ellen Rosenblum, requested a restraining order based on the detainment actions of Department of Homeland Security and Customs and Border Patrol personnel. The AG alleged that unmarked federal agents had unlawfully detained protesters in Portland without probable cause.[15]

Mosman rejected the request for a restraining order, stating that "because it has not shown it is vindicating an interest that is specific to the state itself — I find the State of Oregon lacks standing here and therefore deny its request for a temporary restraining order".[16]

Miss America

In 2021, Mosman dismissed a lawsuit challenging the Miss United States of America pageant's rules that dictate that their contestants be “natural females.”[17]

Recognition

Personal life

Mosman is married to the former Suzanne Cannon Hogan, and they have five children.[2] He is a member of the Church of Jesus Christ of Latter-day Saints.[2]

See also

External links

Notes and References

  1. Web site: The Foreign Intelligence Surveillance Court: 2013 Membership . . June 9, 2013.
  2. Cannon, Mark W. Record Six New LDS Federal Judges Appointed. Meridian Magazine. Retrieved on February 9, 2008.
  3. https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7157&context=jclc Journal of Criminal Law and Criminology Volume 94 Issue 3 Spring 2004
  4. News: Nominations Sent to the Senate. September 5, 2001. White House Press Releases.
  5. https://www.congress.gov/108/chrg/CHRG-108shrg92637/CHRG-108shrg92637.pdf Hearings Before the Committee on the Judiciary United States Senate One Hundred Eighth Congress
  6. https://www.senate.gov/legislative/LIS/roll_call_votes/vote1081/vote_108_1_00367.htm On the Nomination (Confirmation Michael W. Mosman, Of Oregon, To Be U.S. District Judge)
  7. https://web.archive.org/web/20191223171821/https://ord.uscourts.gov/index.php/announcements/2055-chief-judge-transition Chief Judge Transition
  8. Green, Ashbel S. Civil unions get the nod in Oregon. The Oregonian, February 2, 2008.
  9. [Byron Beck (blogger)|Beck, Byron]
  10. Pardington, Suzanne. Judge halts civil-unions law. The Oregonian, December 29, 2007.
  11. News: Carter Page FISA Documents Are Released by Justice Department. Savage. Charlie. July 21, 2018. The New York Times. 2018-07-24. en.
  12. https://int.nyt.com/data/documenthelper/95-carter-page-fisa-documents-foia-release/full/optimized.pdf FISA Application for Warrant for Carter Page
  13. News: FISA Applications Confirm: The FBI Relied on the Unverified Steele Dossier. 2018-07-23. National Review. 2018-07-24.
  14. https://www.jdsupra.com/legalnews/kawhi-leonard-told-to-keep-his-hands-25052/ Kawhi Leonard told to keep his hands off Nike's logo
  15. Web site: Wilson . Conrad . VanderHart . Dirk . Powell . Meerah . Oregon Department Of Justice Sues Federal Agencies Over Protest Enforcement . Oregon Public Broadcasting . 25 July 2020 . en.
  16. News: Treisman . Rachel . Judge Denies Oregon's Request For Restraining Order Against Federal Officers . NPR . 24 July 2020 . National Public Radio . 25 July 2020 . en.
  17. Web site: Court allows Miss United States of America pageant to exclude transgender women. 26 February 2021 .
  18. Web site: 5 Keys on "How Not to be Stupid" from Judge Michael Mosman | JDtoBe, the Official Blog of BYU Law School.
  19. Web site: Spirit in the Law by Judge Michael Mosman – BYU J. Reuben Clark Law School.