18.

(a) List chronologically any public offices you have held, federal, state or local, other than judicial offices, including the terms of service and whether such positions were elected or appointed. If appointed, please include the name of the individual who appointed you. Also, state chronologically any unsuccessful candidacies you have had for elective office or nominations for appointed office for which were not confirmed by a state or federal legislative body.

Assistant Attorney General, Office of Legal Counsel, U.S. Department of Justice (2001present). I was nominated by President George W. Bush and confirmed by the U.S. Senate.

(b) Have you ever held a position or played a role in a political campaign? If so, please identify the particulars of the campaign, including the candidate, dates of the campaign, your title and responsibilities.

In 2000, I served as Chairman of Nevada Lawyers for Bush-Cheney. My principal responsibility was to contact attorneys in Nevada and encourage them to vote for George W. Bush. I did not solicit any contributions and was not authorized to expend any campaign funds.

In 1972, I was Vice-President of College Republicans at BYU. I served on the Utah Valley Steering Committee for the Committee to Re-Elect the President and worked on the advance for Vice President Agnew's visit to BYU in October 1972.

Legal Career: Please answer each part separately.

(a)

Describe chronologically your law practice and legal experience after graduation from law school including:

(1)

whether you served as clerk to a judge, and if so, the name for the judge, the court and dates of the period you were a clerk;

From 1980-81, I served as law clerk to the Honorable Donald S. Russell of the United
States Court of Appeals for the Fourth Circuit.

(2) whether you practiced alone, and if so, the addresses and dates;

No. I have never practiced alone.

(3)

the dates, names and addresses of law firms or offices, companies or governmental agencies with which you have been affiliated, and the nature of your affiliation with each.

Sidley & Austin (which is now Sidley, Austin, Brown & Wood), 1501 K Street, NW, Washington, DC 20005.

From 1984 to 1989, I was with the U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC. 20530. From 1984-86, I was an attorney-advisor in the Office of Legal Policy. From 1986 to 1989, I was an attorney on the Appellate Staff at the Civil Division.

From 1989 to 1991, I was Associate Counsel to the President, The White House,
Washington, DC.

Between 1991 and 1998, I was on the faculty of the Paul M. Hebert Law Center at Louisiana State University, Campus Drive, Baton Rouge, LA 70803. I was Assistant Professor of Law from 1991 to 1994, Associate Professor of Law from 1994 to 1998, and Professor of Law in 1998.

From 1999 to 2001, I was Professor of Law at the William S. Boyd School of Law, University of Nevada, Las Vegas, 4505 Maryland Parkway, Box 451003, Las Vegas, NV 89154-1003.

Since November 2001, I have served as Assistant Attorney General for the Office of Legal Counsel, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530.

(b) (1)

Describe the general character of your law practice and indicate by date if and when its character has changed over the years.

The Washington office of Sidley & Austin, where I practiced from 1981-84, handled largely regulatory and antitrust matters and represented corporations such as NorfolkSouthern Corporation, CSX Corporation, and AT&T. I worked on a broad range of matters, including issues connected with the breakup of the Bell System, deregulation of railroad rates on export coal, antitrust litigation, and export licensing. Most of my work involved civil litigation in federal courts or before the Interstate Commerce Commission.

As an attorney-advisor in the Office of Legal Policy at the Department of Justice (198486), I represented the office on various interagency and intra-departmental committees. I also worked for a time on judicial selection. Another attorney and I co-authored a study, subsequently published by OLP, on religious liberty under the Free Exercise Clause; I also worked on other matters involving religious liberty. Towards the end of my time at OLP, I wrote a brief and argued a case before the U.S. Court of Appeals for the Federal Circuit.

The Appellate Staff in the Civil Division of the Department of Justice represents the
United States in civil matters before the U.S. Courts of Appeals and, occasionally, in

matters before state appellate courts. The staff also makes recommendations to the Solicitor General on cases that might be appealed to the U.S. Supreme Court and prepares first drafts of briefs. During my three years on the staff (1986-89), I was the principal author of the government's briefs in more than 25 cases. I also worked with other attorneys in the office and with attorneys in the office of the Solicitor General on seven matters that were filed in the U.S. Supreme Court. I argued cases before the Second, Third, Fifth, Ninth, Tenth, Eleventh and Federal Circuits.

As Associate White House Counsel (1989-91), I reviewed enrolled bills, executive orders, and proclamations to be signed by the President for form and constitutionality. I reviewed financial disclosure and FBI background checks for presidential appointees. I also worked on most litigation matters involving the White House (except for IranContra) and served as the White House liaison to the Solicitor General's working group on civil justice reform.

At the law schools at both Louisiana State University (1991-98) and the University of Nevada, Las Vegas (1999-2001), I taught Civil Procedure I & II, Constitutional Law I & II, Administrative Law and seminars on religious liberty and separation of powers. I consulted occasionally with attorneys in Washington, DC; Louisiana; and Nevada-largely on appeals and petitions for writs of certiorari. In this capacity, I have represented individuals, a private school, and the Clarendon Foundation (a public interest foundation; all matters on which I worked for Clarendon were pro bono).

In my current position, I supervise a staff of about twenty-one attorneys. The Office of Legal Counsel (OLC) has principal responsibility for providing legal advice to the Attorney General on constitutional, statutory, and regulatory questions. OLC reviews orders to be issued by the President or the Attorney General for form and legality. We also advise the White House and executive branch agencies on constitutional and statutory matters, and OLC is frequently the final arbiter of legal disputes within the executive branch.

(2)

Describe your typical former clients, and mention the areas, if any, in
which you have specialized.

At Sidley & Austin, my primary clients were railroads, including Norfolk-Southern and CSX Corporation and their subsidiaries; AT&T; and various smaller corporations. I specialized in general litigation, antitrust counseling, and administrative practice under the Administrative Procedure Act.

As an attorney with the Department of Justice between 1984 and 1989, I represented the President, the Attorney General, and various executive agencies. I handled civil appellate litigation, which typically involved questions of constitutional and statutory construction. I worked on several matters involving the religion clauses of the First Amendment.

During the time I taught at LSU and UNLV, I served as co-counsel or as a consultant to

several attorneys. My assistance was sought on questions of constitutional and administrative law.

Describe whether you appeared in court frequently, occasionally, or not at all. If the frequency of your appearances in court varied, describe each such variance, providing dates.

During the time that I was with Sidley & Austin, I appeared in court once, on a pro bono matter. While I was with the Department of Justice (1984-89) I was frequently before U.S. Courts of Appeals. I have argued cases before the Second, Third, Fifth (three cases), Ninth (two cases), Tenth, Eleventh (two cases), and Federal Circuits (two cases). I was not before any court during the two years I served at the White House. During the period when I was teaching, I was involved in several cases as an attorney for a party, as an attorney for an amicus, or as a consultant.

I argued twelve cases before federal courts of appeals and one case before the D.C. Court of Appeals. I have appeared as counsel (but have not argued) in several cases before the U.S. Supreme Court. I have served as a consultant or expert witness in cases before Nevada state courts.

All of the cases in which I argued before the court were in civil matters. Several of these cases, however, while technically on the civil docket, arose out of criminal investigations. I also consulted with a Nevada attomey on a pro bono basis in a criminal case; that case

(3)

State the number of cases in courts of record you tried to verdict or judgment rather than settled, indicating whether you were sole counsel, chief counsel, or associate counsel.

All of the cases in which I argued were handled on appeal. Of the thirteen cases I have argued before federal courts of appeals or the D.C. Court of Appeals, we settled one case before the court issued an opinion and judgment. In all of the cases that I argued, I served as chief counsel.

(4)

Not applicable.

(d)

Indicate the percentage of these trials that were decided by a jury.

Describe your practice, if any, before the United States Supreme Court. Please supply four (4) copies of any briefs, amicus or otherwise, and, if applicable, any oral argument transcripts before the U.S. Supreme Court in connection with your practice.

I have been formally involved in the preparation of thirteen matters before the U.S. Supreme Court. I have worked on seven petitions for certiorari or jurisdictional statements and three briefs on the merits. I have filed two briefs as amicus and four oppositions to petitions for certiorari. I have provided copies of my briefs in the following cases:

United States v. Morrison, 529 U.S. 598 (2000) (Challenge to constitutionality of Violence Against Women Act) (Brief for Clarendon Foundation as Amicus Curiae; pro bono).

City of Boerne v. Flores, 521 U.S. 507 (1997) (Challenge to constitutionality of the Religious Freedom Restoration Act) (Brief for Clarendon Foundation as Amicus Curiae; pro bono).

Richard v. Hinson, No. 95-1469. (Equal Protection challenge to Equal Access to Justice Act restrictions on net worth) (Petition for Certiorari and Reply).

Branton v. Federal Communications Commission, No. 93-1047 (Challenge to FCC ruling on profanity in public broadcasts) (Petition for Certiorari and Reply).

Sakaria v. Trans World Airlines, No. 93-1498 (Suit for tort damages following terrorist attack) (Petition for Certiorari and Reply).

Sakaria v. Allstate Life Insurance Co., No. 92-489 (Challenge to Rule 11 sanctions)