John D. Bates

John D. Bates
Director of theAdministrative Office of the United States Courts
In office July 1, 2013 – January 5, 2015
Appointed by	John Roberts
Preceded by	Thomas F. Hogan
Succeeded by	James C. Duff
Presiding Judge of theUnited States Foreign Intelligence Surveillance Court
In office May 19, 2009 – February 21, 2013
Appointed by	John Roberts
Preceded by	Colleen Kollar-Kotelly
Succeeded by	Reggie Walton
Senior Judgeof theUnited States District Court for the District of Columbia
Incumbent
Assumed office October 12, 2014
Judge of theUnited States District Court for the District of Columbia
In office December 14, 2001 – October 12, 2014
Appointed by	George W. Bush
Preceded by	Stanley S. Harris
Succeeded by	Seat abolished
Personal details
Born	John Deacon Bates (1946-10-11)October 11, 1946 Elizabeth, New Jersey,U.S.
Education	Wesleyan University(BA) University of Maryland, Baltimore(JD)

John Deacon Bates(born October 11, 1946) is aseniorUnited States district judgeof theUnited States District Court for the District of Columbia.He was appointed by PresidentGeorge W. Bushin December 2001, and has adjudicated several cases directly affecting theoffice of the President.Bates served as Director of theAdministrative Office of the United States Courts,from July 1, 2013to January 5, 2015,after which he returned to full-time serviceas a District Judge.

Personal life and education

Born inElizabeth, New Jersey,Bates graduated from thePingry Schoolin 1964.He received aBachelor of Artsdegree fromWesleyan Universityin 1968, and aJuris Doctorfrom theUniversity of Maryland School of Lawin 1976. From 1968 to 1971, he served as a first lieutenant in theUnited States Army.He and his wife, Carol Ann Rhees, also a former lawyer withSteptoe & Johnson LLP,live inBethesda,Maryland.They have three children.

Career

Bates was alaw clerkfor JudgeRoszel Cathcart Thomsenof theUnited States District Court for the District of Marylandfrom 1976 to 1977 and was an associate at Steptoe & Johnson from 1977 to 1980. He served as anAssistant United States Attorneyfor the District of Columbiafrom 1980 to 1987, and was Chief of the Civil Division of the United States Attorney's Office from 1987 to 1997. Bates was on detail as DeputyIndependent Counselfor theWhitewaterinvestigation from 1995 to mid-1997. In 1998, he joined theWashington, D.C.law firm ofMiller & Chevalier,where he was Chair of the Government Contracts/LitigationDepartment and a member of the executive committee. From September 1995 until leaving in March 1997, Bates worked as Deputy Independent Counsel forKenneth Starrand the Independent Counsel's office duringthe investigationinto PresidentBill Clinton.

District Court service

On September 4, 2001, Bates was nominated by PresidentGeorge W. Bushto a seat on theUnited States District Court for the District of Columbia,vacated byStanley S. Harris.He was confirmed by theUnited States Senateon December 11, 2001, and received his commission on December 14, 2001. Bates took senior status on October 12, 2014.Bates has served on the Advisory Committee for Procedures of the D.C. Circuit and on the Civil Justice Reform Committee for the District Court, and as Treasurer of theDistrict of Columbia Bar,Chairman of the Publications Committee of the D.C. Bar, and Chairman of the Litigation Section of theFederal Bar Association.He was a member of the Board of Directors of theWashington Lawyers' Committee for Civil Rights and Urban Affairs.In 2005, he was appointed by Chief JusticeWilliam Rehnquistto serve on theJudicial Conference of the United States'Committee on Court Administration and Case Management(CACM).In February 2006, he was appointed by Chief JusticeJohn Robertsto serve as a judge of theUnited States Foreign Intelligence Surveillance Court(FISA Court).

Notable rulings

• On August 3, 2018, Judge Bates ruled that "the Trump administration did not justify its decision to eliminate the Deferred Action for Childhood Arrivals program, also known as DACA" and ordered DACA to be reinstated. He gave the administration 20 days to appeal.
• On April 24, 2018, Judge Bates ruled that the Trump administration must resume accepting new applications for Deferred Action for Childhood Arrivals (DACA) but stayed his decision for 90 days to allow the Department of Homeland Security to explain why DACA was being canceled.
• On January 23, 2017, Judge Bates blocked the $37 billion merger between health insurance companies Aetna and Humana, saying the deal would hurt competition and raise prices for consumers.
• On October 25, 2016, Judge Bates dismissed freedGuantanamo Bay detention campprisonerShawali Khan's petition forhabeas corpusasmoot.Khan had opposed the dismissal, arguing that, because his detention had never been declared illegal, his past as a U.S. prisoner was preventing him from getting medical treatment for injuries suffered during his imprisonment. While dismissing Khan's lawsuit, Bates wrote he was nevertheless "sympathetic to the pickle".
• On March 19, 2014, Judge Bates inInnovator Enterprises, Inc v Jonesfound for the plaintiff and vacatedBATFE's classification of the company's "stabilizer brake" as a "firearm silencer".

  Hypotheticals further illustrate the weakness of this methodology. A mouse is not an "elephant" solely because it has three characteristics that are common to known elephants: a tail, gray skin, and four legs. A child's bike is not a "motorcycle" solely because it has three characteristics common to known motorcycles: two rubber tires, handlebars, and a leather seat. And a Bud Light is not "Single-Malt Scotch," just because it is frequently served in a glass container, contains alcohol, and is available for purchase at a tavern. To close with a firearm-related example: a hockey puck is not a "rubber bullet," just because it has rounded sides, is made of vulcanized rubber, and is capable of causing injury when launched at high speeds. Learning that one object has three characteristics in common with some category may not be very helpful in determining whether the object in question belongs in that category.

• In November 2013, theOffice of the Director of National Intelligencedeclassified and released a circa-July 2010 (date classified)FISCruling by Judge Bates authorizing theNational Security Agencyto restart mass collection of internet metadata, including those of U.S. citizens.Bates noted that the NSA had been violating provisions of various laws, but nevertheless decided to allow the government to continue many aspects of the mass surveillance program. Critics of encroaching U.S. security state policies, in a nod to theBates numberingmethod used in the legal field, appropriated the "Bates stamp"moniker as a neologism to refer to often uncritical FISC scrutiny of U.S. government conduct when consideringForeign Intelligence Surveillance Act(FISA) applications.
• On December 10, 2010, Bates dismissed a challenge to President Barack Obama'stargeted killingorder against Muslim clericAnwar al-Awlaki,a dual American and Yemeni citizen with ties to al-Qaeda. Bates ruled that al-Awlaki's father, Nasser al-Awlaki, who filed the suit with assistance by theAmerican Civil Liberties Unionand theCenter for Constitutional Rights,lacked legal standing in the case against the Obama administration. Bates stopped short of granting the executive branch "unreviewable authority" to order the killing of an American citizen, instead concluding that the case would likely be settled in another forum outside the courtroom.
• On July 31, 2008, Bates ruled, in a dispute between the Administrative and Legislative branches, that PresidentGeorge W. Bush's advisers, chief of staffJosh Boltenand former legal counselHarriet Miers,are not immune from congressional subpoenas to testify about the firing of nine U.S. attorneys and turn over all related, non-privileged documents.
• As a District Court Judge, Bates dismissed theGAO's effort to learn with whom Vice PresidentDick Cheney'senergy task forceconferred.
• On July 19, 2007, he dismissed a lawsuit filed byValerie Plame Wilsonand her husband against Vice President Dick Cheney, White House political adviserKarl Rove,former White House aideI. Lewis "Scooter" Libbyand former Deputy Secretary of StateRichard Armitage.Plame's lawyers had said from the beginning of the lawsuit that it would be quite difficult to win, since public officials and servants are generally immune from such suits filed in connection with their jobs. Plame's identity as aCentral Intelligence Agencyfield operative was revealed in a syndicated newspaper column in 2003. This revelation coincided with (Plame's husband) Wilson's criticism of the Bush administration's policy in Iraq. Many of the administration's opponents questioned the timing of the leak of Plame's identity, and assign blame of the leak to officials in the administration. Although several administration officials were questioned in an investigation of the leak, no formal charges were brought, and Libby was then found guilty of lying and obstruction of the investigation as a consequence of his lying. PresidentGeorge W. Bushsubsequently commuted Libby's jail sentence as unduly harsh.In April 2018, PresidentDonald Trumpfully pardoned Libby.
• Bates stated in his ruling that the couple's allegations "pose important questions relating to the propriety of actions undertaken by our highest government officials," but that he had to dismiss their claims for jurisdictional reasons. While saying the Bush administration officials' actions "may have been highly unsavory", Bates nonetheless ruled "there can be no serious dispute" that speaking to the press to rebut Wilson's criticism was "within the scope of defendants' duties as high-level Executive Branch officials."The Wilsons appealed.
• In a December 30, 2002 decision, Bates of the U.S. District Court ruled that lead plaintiff RepresentativeDennis Kucinichand 31 other members of theUnited States House of Representativeshave no standing to challenge President Bush's withdrawal from theAnti-Ballistic Missile (ABM) Treatywithout congressional approval. He also ruled that the case presents a "political question" not suitable for resolution by the courts. "

Sources

• John D. Batesat theBiographical Directory of Federal Judges,a publication of theFederal Judicial Center.
• "Judge John D. Bates Appointed to the FISA Court".from the Federation of American Scientists.RetrievedMarch 24,2006.
• "Judge tosses out ex-spy's lawsuit against Cheney in CIA leak".from CNN.July 19, 2007.RetrievedJuly 19,2007.

External links

• John D. Bates official biography
• Presidential Nomination: John D. Bates
• Committee on the Judiciary, U.S. House of Representatives v. Harriet Miers, et al.,Civil Action No. 08-0409, Memorandum Opinion, (D.D.C.,July 31, 2008)