Steven Engel Explained

Steve Engel
Office:United States Assistant Attorney General for the Office of Legal Counsel
President:Donald Trump
Term Start:November 13, 2017
Term End:January 20, 2021
Predecessor:Curtis E. Gannon
Successor:Christopher H. Schroeder
Birth Name:Steven Andrew Engel
Birth Date:29 June 1974
Birth Place:New Hyde Park, New York, U.S.
Party:Republican
Education:Harvard University (BA)
University of Cambridge (MPhil)
Yale University (JD)

Steven Andrew Engel (born June 29, 1974)[1] [2] is an American lawyer. He served as the United States assistant attorney general for the Office of Legal Counsel in the Trump administration.[3] Engel, who previously worked in the George W. Bush administration as deputy assistant attorney general in the Office of Legal Counsel, was nominated by President Donald Trump on January 31, 2017, and confirmed on November 7, 2017.[4]

Early life and education

Engel was born on June 29, 1974, in New Hyde Park, New York, a Long Island suburb of New York City. He was raised in Port Washington, New York, and graduated as valedictorian from Paul D. Schreiber Senior High School in 1992, earning a bachelor's degree summa cum laude from Harvard University in 1996.

From 1996 to 1997, Engel was a Knox Fellow at the University of Cambridge.[5] [6] He attended Yale Law School afterwards and earned a Juris Doctor in 2000. He then clerked for Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit, followed by a clerkship under Justice Anthony Kennedy of the Supreme Court of the United States.[7]

Career

Engel practiced law at Kirkland & Ellis from 2002 to 2006 before serving as deputy assistant attorney general at the Office of Legal Counsel during the George W. Bush administration from 2006 to 2009. In June 2009, Engel became a partner at Dechert, an international law firm.[8]

Office of Legal Counsel

On January 31, 2017, the White House announced that President Donald Trump intended to nominate Engel to serve as the Assistant Attorney General heading the Office of Legal Counsel. Engel's nomination was opposed by U.S. Senator John McCain, a former prisoner of war who was tortured while in captivity. McCain cited Engel's involvement in commenting on and reviewing one of the so-called "Torture memos" that signed off on six different "enhanced interrogation techniques."[9] Various human rights groups expressed concerns about Engel's nomination, also citing his involvement with the July 20, 2007, memo authored by Steven G. Bradbury, then-head of the OLC.[10] The Senate Judiciary Committee received support for the nomination from former Attorneys General Mukasay and Gonzales, other former senior executive branch officials, and the Patrolmen's Benevolent Association of the City of New York.[11] Engel was confirmed by a 51–47 vote, largely along party lines with one Democrat, Senator Joe Manchin (West Virginia), voting in favor of confirmation.[12]

In November 2017, Engel issued an opinion supporting the President's appointment of Mick Mulvaney as the acting director of the Consumer Financial Protection Bureau under the Vacancies Reform Act.[13]

In April 2018, Engel approved airstrikes launched by President Trump against facilities associated with Syria's chemical-weapons program without congressional authorization.[14]

In March 2019, the special counsel investigation led by Robert Mueller released its findings, the Mueller report, to Attorney General William Barr. Barr tasked the Office of Legal Counsel with authoring a memorandum that would justify the decision Barr had already made to clear Trump on the charges of obstruction of justice.[15] [16] [17] This memorandum was written in tandem with the Barr letter over the course of two days;[18] the final version was signed by Engel and Ed O'Callaghan.[16] [17] [19] [20] The DOJ initially kept the memo secret.[20] The watchdog organization Citizens for Responsibility and Ethics in Washington launched a Freedom of Information Act suit against the Justice Department, and the U.S. Court of Appeals for the D.C. Circuit, in August 2022, ordered the memo's public release.[17] The D.C. Circuit held that the memo was not shielded from disclosure by the deliberative process privilege, because then-Attorney General Barr had already determined, by the time the memo was written, that DOJ would not charge Trump with a crime, making the memo akin to a "thought experiment."[17]

In May 2019, Engel issued an opinion concluding that the former White House Counsel, Don McGahn, was immune from compelled congressional testimony.[21] The House Judiciary Committee challenged that decision, and Engel's opinion was rejected by U.S. District Judge Ketanji Brown Jackson, who was later nominated by Joe Biden to the D.C. Circuit Court of Appeals. Jackson's opinion was twice reversed by a three-judge panel of the D.C. Circuit.[22]

In June 2019, Engel issued an OLC opinion supporting the Justice Department's decision not to release Donald Trump's tax returns.[23]

In September 2019, Engel authored the OLC opinion[24] [25] of the Justice Department to not forward the Trump–Ukraine scandal whistleblower complaint[26] to Congress. The Council of the Inspectors General on Integrity and Efficiency concluded that Engel's opinion had a "chilling effect on effective oversight" and was "wrong as a matter of law and policy"; urging him to withdraw or modify it.[27] [28] [29] Engel responded that the opinion had simply applied the law as it was written and that it did not construe the statutory provisions protecting whistleblowers.[30]

In a letter dated November 3, 2019, Engel argued that White House advisors have "absolute immunity" from being subpoenaed to testify in the impeachment inquiry against Donald Trump.[31] [32] [33]

On September 9, 2020, President Donald Trump identified Engel among a list of potential future nominees to the Supreme Court.[34]

In January 2021, after then-President Donald Trump's re-election bid failed, Trump undertook a number of unprecedented acts to overturn the 2020 election, including a pressure campaign to request the Justice Department to falsely claim fraud and invalidate the results of the election in key battleground states. Engel, along with Richard Donoghue and others, refused to carry out the scheme and reportedly threatened to resign if he replaced acting Attorney General Jeffrey Rosen with Assistant Attorney General Jeffrey Clark in an effort to overturn the election.[35] [36] [37] [38] [39] [40] On June 23, 2022, Engel testified in the fifth public hearing of the United States House Select Committee on the January 6 Attack.

Private practice

In May 2021, Dechert LLP announced that Engel had rejoined their law firm as a partner.[41] [42] [43]

Personal life

Engel married Susan Kearns in 2004. They met while working as co-clerks to Judge Kozinski, and both served as clerks on the Supreme Court during the 2001 term, with Kearns clerking for Justice Antonin Scalia.[44]

See also

External links

Notes and References

  1. Web site: United States Senate Committee on the Judiciary: Questionnaire for Non-Judicial Nominees . August 19, 2022 . judiciary.senate.gov . December 10, 2020 . https://web.archive.org/web/20201210125849/https://www.judiciary.senate.gov/imo/media/doc/Engel%20SJQ%20(Public).pdf . live .
  2. . Steven A. Engel to be Nominated to Assistant Attorney General Role . . February 1, 2017 . December 28, 2017 . https://web.archive.org/web/20171228210058/https://www.dechert.com/knowledge/news/2017/2/steven-a-engel-to-be-nominated-to-assistant-attorney-general-ro.html . December 28, 2017 . live.
  3. Web site: Meet the Leadership . November 13, 2017 . justice.gov . United States Department of Justice . December 9, 2017 . https://web.archive.org/web/20171206212108/https://www.justice.gov/olc/meet-leadership . December 6, 2017.
  4. News: Miller. S.A.. Trump names three senior Justice officials. February 27, 2017. Washington Times. January 31, 2017. February 28, 2017. https://web.archive.org/web/20170228075823/http://www.washingtontimes.com/news/2017/jan/31/trump-names-three-senior-justice-officials/. live.
  5. . Former DOJ Deputy Assistant Attorney General Steven Engel Joins Dechert LLP . Dechert . June 8, 2009 . December 28, 2017 . https://web.archive.org/web/20171228211657/https://www.dechert.com/knowledge/news/2009/6/former-doj-deputy-assistant-attorney-general-steven-engel-joins.pdf . December 28, 2017.
  6. Office of Public Affairs . Attorney General Sessions Welcomes Steven Engel As Assistant Attorney General for the Office Of Legal Counsel . United States Department of Justice . November 7, 2017 . December 28, 2017 . https://web.archive.org/web/20171108185505/https://www.justice.gov/opa/pr/attorney-general-sessions-welcomes-steven-engel-assistant-attorney-general-office-legal . November 8, 2017 . live .
  7. News: Mauro . Tony . Dechert Partner Is Trump's Likely Pick to Head 'President's Law Firm' Within DOJ . February 27, 2017 . National Law Journal . January 25, 2017 . https://web.archive.org/web/20171118224212/https://www.law.com/nationallawjournal/almID/1202777641425 . November 18, 2017 . live.
  8. News: Straehley . Steve . Assistant Attorney General for the Office of Legal Counsel: Who Is Steven A. Engel? . February 27, 2017 . AllGov . February 24, 2017 . https://web.archive.org/web/20171109134358/http://www.allgov.com/news/top-stories/assistant-attorney-general-for-the-office-of-legal-counsel-who-is-steven-a-engel-170224?news=860095 . November 9, 2017 . live.
  9. News: Kim . Seung Min . McCain opposes Trump nominee over torture memos . . November 8, 2017 . November 9, 2017 . https://web.archive.org/web/20171111090919/https://www.politico.com/story/2017/11/08/john-mccain-trump-nominee-steven-engel-torture-244706 . November 11, 2017 . live.
  10. Web site: Groups Express Concern over US Office of Legal Counsel Nominee . . June 7, 2017 . hrw.org . . December 22, 2017 . November 11, 2017 . https://web.archive.org/web/20171111090932/https://www.hrw.org/news/2017/06/07/groups-express-concern-over-us-office-legal-counsel-nominee . live .
  11. Web site: Grassley: Engel Well-Equipped to Lead Office of Legal Counsel. Committee on the Judiciary. November 7, 2017. March 18, 2022. April 21, 2022. https://web.archive.org/web/20220421050305/https://www.judiciary.senate.gov/grassley-engel-well-equipped-to-lead-office-of-legal-counsel. live.
  12. Web site: U.S. Senate Roll Call Votes 115th Congress – 1st Session . www.senate.gov . November 9, 2017 . November 9, 2017 . https://web.archive.org/web/20171109134603/https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=115&session=1&vote=00264 . live .
  13. Web site: Justice Department says Trump can appoint head of consumer watchdog. NBC News. November 25, 2017. Phil Helsel. March 18, 2022. March 31, 2022. https://web.archive.org/web/20220331235139/https://www.nbcnews.com/politics/politics-news/justice-department-says-trump-can-appoint-head-consumer-watchdog-n823956. live.
  14. News: Trump Had Power to Attack Syria Without Congress, Justice Dept. Memo Says. Washington Post. June 1, 2018. Charlie Savage. January 15, 2022. January 15, 2022. https://web.archive.org/web/20220115224939/https://www.nytimes.com/2018/06/01/us/politics/trump-war-powers-syria-congress.html. live.
  15. News: . DOJ releases memo advising Barr on not pursuing Trump obstruction charges . August 24, 2022 . Daniel . Chaitin . August 29, 2022 . 'The court's ... review of the memorandum revealed that the Department in fact never considered bringing a charge,' the panel wrote in its opinion. 'Instead, the memorandum concerned a separate decision that had gone entirely unmentioned by the government in its submissions to the court — what, if anything, to say to Congress and the public about the Mueller Report.' The panel added: 'We affirm the district court.' . September 2, 2022 . https://web.archive.org/web/20220902233737/https://www.washingtonexaminer.com/news/justice/justice-department-releases-memo-barr-trump-obstruction-russia . live .
  16. News: DOJ releases memo behind Barr's decision not to prosecute Trump for obstruction . August 24, 2022 . . Alexander . Mallin . August 29, 2022 . DOJ officials previously told the court that the memo should be kept from the public because it involved internal department deliberations and the advice given to Barr about whether Trump should face prosecution. But a district judge ruled that Barr was never engaged in such a process and had already made up his mind to not charge Trump. . September 4, 2022 . https://web.archive.org/web/20220904202101/https://abcnews.go.com/Politics/doj-releases-memo-ag-barrs-decision-prosecute-trump/story?id=88808145 . live .
  17. News: Appeals court backs ruling to release DOJ memo on Trump prosecution . . August 19, 2022 . Josh . Gerstein . Kyle . Cheney . August 30, 2022 . Srinivasan said the memo, co-authored by Assistant Attorney General for Legal Counsel Steven Engel and Principal Associate Deputy Attorney General Edward O’Callaghan, seemed more like a "thought experiment" because Barr decided before the memo was written that Trump would not be charged with a crime. . September 1, 2022 . https://web.archive.org/web/20220901102530/https://www.politico.com/news/2022/08/19/appeals-court-backs-ruling-to-release-doj-memo-on-trump-prosecution-00052880 . live .
  18. Web site: Eric . Tucker . May 5, 2021 . . Judge orders Justice Dept. To release Trump obstruction memo . In her order, Jackson noted that the memo prepared for Barr, and the letter from Barr to Congress that describes the special counsel's report, are 'being written by the very same people at the very same time. The emails show not only that the authors and the recipients of the memorandum are working hand in hand to craft the advice that is supposedly being delivered by OLC, but that the letter to Congress is the priority, and it is getting completed first,' the judge wrote. . August 29, 2022 . August 29, 2022 . https://web.archive.org/web/20220829154947/https://apnews.com/article/politics-europe-government-and-politics-d1ca64dfd5d69f31a36cd1501d0c1caf . live .
  19. Web site: Memorandum for the Attorney General: Review of the Special Counsel's Report . . . March 24, 2019 . August 30, 2022 . Steven A. . Engel . Edward C. . O'Callaghan . Steven Engel . Ed O'Callaghan . August 25, 2022 . https://web.archive.org/web/20220825183506/https://www.citizensforethics.org/wp-content/uploads/2022/08/2019.03.24-Memorandum-to-AG-from-DAG-re-Mueller-Report-Review.pdf . live .
  20. News: Ryan . Lucas . DOJ releases a Mueller-era memo to Barr on the decision not to prosecute Trump . . August 24, 2022 . September 25, 2022 . September 25, 2022 . https://web.archive.org/web/20220925104835/https://www.npr.org/2022/08/24/1119322386/memo-barr-trump-mueller-doj . live .
  21. Web site: Testimonial Immunity Before Congress of the Former Counsel to the President. Justice.gov. May 20, 2019. January 15, 2022. November 13, 2021. https://web.archive.org/web/20211113134622/https://www.justice.gov/olc/opinion/file/1215066/download. live.
  22. News: Court delays House lawsuit seeking to enforce Donald McGahn subpoena. Washington Post. April 23, 2021. Ann E. Marimow. January 15, 2022. April 25, 2021. https://web.archive.org/web/20210425190301/https://www.washingtonpost.com/local/legal-issues/donald-mcgahn-subpoena-lawsuit-delayed/2021/04/23/655b239e-a455-11eb-a774-7b47ceb36ee8_story.html. live.
  23. News: Justice Dept. Backs Mnuchin's Refusal to Release Trump's Tax Returns . . June 14, 2019 . June 17, 2019 . Alan . Rappeport . Alan Rappeport . June 16, 2019 . https://web.archive.org/web/20190616225456/https://www.nytimes.com/2019/06/14/us/politics/trump-tax-returns-justice-department.html . live .
  24. Web site: 'Urgent Concern' Determination by the Inspector General of the Intelligence Community . September 3, 2019 . justice.gov . October 26, 2019 . September 30, 2019 . https://web.archive.org/web/20190930185542/https://www.justice.gov/olc/opinion/file/1205711/download . live .
  25. News: Whistle-Blower Is Said to Allege Concerns About White House Handling of Ukraine Call . . 2019-09-25 . Charlie . Savage . Michael S. . Schmidt . Julian E. . Barnes . April 5, 2023 . September 26, 2019 . https://web.archive.org/web/20190926103127/https://www.nytimes.com/2019/09/25/us/politics/trump-ukraine-whistleblower.html . live .
  26. Web site: Unclassified Whistleblower Complaint . August 19, 2022 . August 12, 2019 . December 18, 2021 . https://web.archive.org/web/20211218095415/https://intelligence.house.gov/uploadedfiles/20190812_-_whistleblower_complaint_unclass.pdf . dead .
  27. News: U.S. Watchdog Council Says Justice Department Erred in Blocking Whistleblower Complaint . . October 25, 2019 . Dustin . Volz . October 26, 2019 . October 25, 2019 . https://web.archive.org/web/20191025234444/https://www.wsj.com/articles/u-s-watchdog-council-says-justice-erred-in-blocking-whistleblower-complaint-11572018755 . live .
  28. Web site: Letter to Steven A. Engel . ignet.gov . October 22, 2019 . Council of the Inspectors General on Integrity and Efficiency . October 26, 2019 . October 25, 2019 . https://web.archive.org/web/20191025151003/https://ignet.gov/sites/default/files/files/CIGIE_Letter_to_OLC_Whistleblower_Disclosure.pdf . live .
  29. Web site: IG Handling FISA Probe, Others Blast OLC for Concluding Whistleblower Complaint Wasn't 'Urgent Concern' . . Matt . Naham . October 25, 2019 . October 26, 2019 . October 25, 2019 . https://web.archive.org/web/20191025225141/https://lawandcrime.com/high-profile/ig-handling-fisa-probe-others-blast-olc-for-concluding-whistleblower-complaint-wasnt-urgent-concern/ . live .
  30. Web site: Office of the Assistant Attorney General. U.S. Department of Justice. October 25, 2019. March 18, 2022. February 23, 2022. https://web.archive.org/web/20220223152832/https://www.justsecurity.org/wp-content/uploads/2019/11/ukraine-clearinghouse-olc-letter-to-icig-and-cigie-.2019.10.25.pdf. live.
  31. News: Stefan . Becket . Clare . Hymes . Jon . Legare . Mulvaney will defer to Trump and will not testify in impeachment hearings . CBS News . November 12, 2019 . December 2, 2019 . December 3, 2019 . https://web.archive.org/web/20191203113827/https://www.cbsnews.com/news/mick-mulvaney-will-not-file-impeachment-subpoena-lawsuit-will-defer-to-trump-for-guidance/ . live .
  32. News: Committees release first transcripts in Trump impeachment inquiry . Paula . Reid . November 4, 2019 . CBS News . December 3, 2019 . December 3, 2019 . https://web.archive.org/web/20191203105304/https://www.cbsnews.com/live-news/trump-impeachment-democrats-to-release-transcripts-live-updates-2019-11-04/#post-update6 . live .
  33. News: Trump's latest legal strategy on impeachment: Run out the clock . . November 4, 2019 . Nancy . Cook . December 3, 2019 . December 3, 2019 . https://web.archive.org/web/20191203134914/https://www.politico.com/news/2019/11/04/trump-legal-strategy-impeachment-clock-065715 . live .
  34. News: Trump announces more possible Supreme Court nominees. Washington Post. September 9, 2020. Seung Min Kim. Ann E. Marimow. March 18, 2022. August 24, 2022. https://web.archive.org/web/20220824210720/https://www.washingtonpost.com/politics/trump-supreme-court-list/2020/09/09/587f2fd8-f2cd-11ea-b796-2dd09962649c_story.html. live.
  35. News: Trump's DOJ officials stopped his January election scheme. But they're not heroes. . https://web.archive.org/web/20211012102319/https://www.msnbc.com/opinion/trump-s-doj-officials-stopped-his-january-election-scheme-they-n1281274 . 12 October 2021 . live . October 12, 2021 . Barbara . McQuade . MSNBC . November 19, 2021 .
  36. News: courthousenews.com . Notes show how hard Trump leaned on DOJ to label election corrupt . Brandi . Buchman . July 30, 2021 . November 19, 2021 . November 19, 2021 . https://web.archive.org/web/20211119141817/https://www.courthousenews.com/notes-show-how-hard-trump-leaned-on-doj-to-label-election-corrupt/ . live .
  37. News: Trump and Justice Dept. Lawyer Said to Have Plotted to Oust Acting Attorney General . November 19, 2021 . Katie . Benner . January 23, 2021 . . February 11, 2021 . https://web.archive.org/web/20210211173612/https://www.nytimes.com/2021/01/22/us/politics/jeffrey-clark-trump-justice-department-election.html . live .
  38. News: Zapotosky . Matt . Barrett . Devlin . Leonnig . Carol D. . Trump entertained plan to install an attorney general who would help him pursue baseless election fraud claims . The Washington Post . January 23, 2021 . January 23, 2021 . 0190-8286 . January 23, 2021 . https://web.archive.org/web/20210123032601/https://www.washingtonpost.com/national-security/trump-justice-department-overturn-election/2021/01/22/b7f0b9fa-5d1c-11eb-a976-bad6431e03e2_story.html . live .
  39. Web site: Trump and Justice Dept. Lawyer Said to Have Plotted to Oust Acting Attorney General. Forbes. January 22, 2021. Katie Benner. January 15, 2022. February 11, 2021. https://web.archive.org/web/20210211173612/https://www.nytimes.com/2021/01/22/us/politics/jeffrey-clark-trump-justice-department-election.html. live.
  40. News: New details emerge of Oval Office confrontation three days before Jan. 6 . en-US . Washington Post . 2022-06-15 . 0190-8286 . June 14, 2022 . Michael . Kranish . March 31, 2023 . https://web.archive.org/web/20230331050434/https://www.washingtonpost.com/politics/2022/06/14/inside-explosive-oval-office-confrontation-three-days-before-jan-6/ . live .
  41. Former Assistant Attorney General Steven Engel Rejoins Dechert . Dechert LLP . May 3, 2021 . November 18, 2021 . November 18, 2021 . https://web.archive.org/web/20211118105345/https://www.dechert.com/knowledge/news/2021/5/former-assistant-attorney-general-steven-engel-rejoins-dechert.html . live .
  42. Web site: Steven Engel . Dechert LLP . November 18, 2021 . November 17, 2021 . https://web.archive.org/web/20211117185312/https://www.dechert.com/people/e/steven-engel.html . live .
  43. News: DOJ official who was eyed for SCOTUS by Trump returns to Dechert . May 3, 2017 . November 19, 2021 . . David . Thomas . November 19, 2021 . https://web.archive.org/web/20211119135900/https://www.reuters.com/article/dechert-trump-idUSL1N2MQ1KP . live .
  44. Web site: WEDDINGS/CELEBRATIONS; Susan Kearns, Steven Engel . The New York Times . June 15, 2024 . June 13, 2004.

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