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“SOLICITOR GENERAL PAUL CLEMENT” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S5930-S5933 on June 20, 2008.
The publication is reproduced in full below:
SOLICITOR GENERAL PAUL CLEMENT
Mr. HATCH. Mr. President, I rise to pay tribute to the service of Paul Clement, who recently stepped down as our Nation's 43rd Solicitor General.
Paul served in that office for more than 7 years, first as Principal Deputy to Solicitor General Ted Olson, then as Acting Solicitor General, and for three years as Solicitor General. He is a good man and an excellent lawyer who was a great Solicitor General.
Before speaking about Paul, let me first say a few words about the office in which he served.
Congress created the Department of Justice and the position of Solicitor General in 1870. Since then, the Solicitor General is the only Federal Government officer actually required by statute to be
``learned in the law.''
As Paul put it during his confirmation hearing in April 2005, the Solicitor General sits literally at the crossroads of the separation of powers. He is an executive branch official who defends the actions of the executive and legislative branches before the judicial branch.
Today, the Solicitor General represents the United States before the Supreme Court and manages the United States' participation in thousands of lower court cases. That means he must make decisions in individual cases with reference to past positions taken by the United States and vigilance about how current positions may affect the future.
Such a constant, and constantly changing, set of factors makes the Solicitor General's job something like the courtroom version of multi-
dimensional chess.
Because of his special relationship with the Supreme Court, the Solicitor General is often referred to as the Tenth Justice. Because of its astounding breadth and depth of experience and expertise, the Solicitor General's office has been called the best law firm in America.
Paul Clement stands in a line of Solicitors General that includes some of the true giants in the law and in the service of our country.
They include many who also served on the federal bench such as Supreme Court Chief Justices William Howard Taft and Charles Evans Hughes; Associate Justices Stanley Reed, Robert Jackson, and Thurgood Marshall; and Circuit Judges Kenneth Starr, Wade McCree, and Walter Cummings.
They include some of America's most distinguished legal academics such as Walter Dellinger, the Maggs Professor of Law at Duke; the late Erwin Griswold, dean of Harvard Law School for 31 years; and the late Rex Lee, from my own State of Utah, who was the founding dean of the J. Reuben Clark School of Law at Brigham Young University.
Past Solicitors General also include those who would distinguish themselves in both the academic and judicial worlds such as Charles Fried, who has taught at Havard Law School since 1961 and served on the Supreme Judicial Court of Massachusetts; and Robert Bork, who was the Bickel Professor of Public Law at Yale and served on the U.S. Court of Appeals for the D.C. Circuit.
Like Paul Clement, current Chief Justice John Roberts served as Principal Deputy Solicitor General.
Paul deserves to stand among such legends.
A native of Cedarburg, WI, Paul graduated from the Cedarburg public schools and went on to receive a bachelor's degree summa cum laude from the Georgetown University School of Foreign Service and a master's degree with distinction from Cambridge University.
He then gave Harvard Law School a try and, sure enough, graduated from there magna cum laude after serving as Supreme Court editor of the Harvard Law Review to boot.
With that record, it is not surprising that he had the opportunity to clerk for truly great judges such as Judge Laurence Silberman on the U.S. Court of Appeals for the D.C. Circuit, who recently received the Presidential Medal of Freedom, and Supreme Court Justice Antonin Scalia.
After a few years in private practice, Paul joined the United States Senate family as Chief Counsel of the Judiciary Subcommittee on the Constitution, Federalism, and Property Rights, chaired by our former colleague and former Attorney General John Ashcroft.
I chaired the Judiciary Committee at the time and remember Paul not only as a smart and hardworking lawyer but as a thoughtful, humble, and truly decent person.
It is easy to find someone with either professional talents or personal qualities, but a rare gift to have someone like Paul who has both.
After leaving the Senate, Paul returned to private practice and headed the appellate practice group of the distinguished law firm of King & Spalding before joining the Solicitor General's office. A far less impressive record spread over a lifetime would suffice for most, but Paul does not achieve the ripe old age of 42 until next week.
Three members of this body have been serving here since before Paul Clement was born. Why, the Senator from West Virginia, Mr. Byrd, was in his second term when young Paul came into the world.
The Senator from Paul's home State of Wisconsin, Mr. Feingold, my colleague on both the Judiciary and Intelligence Committees, introduced and praised Paul at his confirmation hearing. He noted that Paul would be the youngest Solicitor General in more than 50 years and one of the youngest in American history.
I do not want to belabor the point, but as I become a more seasoned citizen myself, I am impressed with how much some of these young people can accomplish.
Oh, I forgot one item on Paul's jam-packed resume. Last September, Paul squeezed in a full 24 hours of service as Acting Attorney General. Fittingly, that was on September 17, which is the anniversary of both the Constitution's signing and the confirmation of Paul's former boss Justice Scalia to the Supreme Court.
Paul has argued a total of 49 cases before the Supreme Court. I should perhaps say that he has so far argued 49 cases, as Paul may well return to the Supreme Court podium in the future. It is the tradition and commitment of the Solicitor General to defend acts of Congress if there is a reasonable argument to do so.
No one can turn a merely reasonable argument into a compelling argument better than Paul Clement. Many who have seen him argue remark that though he speaks without notes, he has an astounding command of the facts and the law in each case.
He has vigorously defended the legislation we have enacted on a wide range of issues, from the McCain-Feingold campaign finance law and the ban on partial-birth abortion to the Solomon Amendment and the Americans with Disabilities Act.
I would be surprised if any of my colleagues voted for every piece of legislation Paul has defended before the Supreme Court. I know I have not.
But in every case, Paul upheld the highest standards of his office by diligently defending the work of the legislative branch.
And while each Solicitor General faces unique challenges and special cases, Paul's tenure coincided with the war on terror that we continue to fight.
He has confronted not only novel, complex, and serious legal issues, but he has borne the burden of knowing that his efforts will dramatically affect American lives, and indeed the American way of life itself.
Paul's combination of experience allowed him to do some truly unique things as Solicitor General. When he earlier served on the Judiciary Committee staff, for example, Paul worked hard on the development and passage of the Religious Land Use and Institutionalized Persons Act.
I introduced that legislation after the Supreme Court struck down previous efforts to protect religious liberty. The Senate unanimously passed the bill.
Then in 2005, as Solicitor General, Paul defended the constitutionality of that law and the Supreme Court unanimously upheld it.
And in the case now before the Supreme Court regarding the District of Columbia's ban on firearm possession, Paul argued before the Justice for whom he clerked regarding the opinion of the Circuit Judge for whom he clerked.
Some who have compiled such an amazing resume have taken much longer to do so. Some who have done so quickly are, quite frankly, not nearly so decent and kind as Paul Clement.
He and his wife Alexandra have three wonderful children, Thomas Antonio, Theodore Gerald, otherwise known as Theo, and the youngest, Paul Gregory. The little one, called P.G., made his presence known at the opening of Paul's confirmation hearing. Youngsters are known to do that.
We all remember Chief Justice Roberts' son Jack doing the dance of joy when his father was sworn in at the White House. At his hearing, Paul noted that he and his wife had promised the boys Yugioh cards in what he said would be direct proportion to how well they behaved that morning. I thought the boys did quite well that day and hope they were duly rewarded.
I was also touched at that hearing when Paul talked about his wife and her role in supporting his work. He said: ``Every day that she allows me to practice law outside the home while she stays home with our three boys is a personal sacrifice and an indulgence of my interests, for which I am eternally grateful.''
I am not the only one to recognize Paul Clement as a very good man and a very good lawyer or to applaud his service to our country.
I ask unanimous consent to place in the Record following my remarks letters sent to me by former Solicitors General Ted Olson and Seth Waxman, the current Deputy Attorney General Mark Filip and his predecessor Paul McNulty, former Attorney General Edwin Meese, former Senator John Ashcroft, Judge Laurence Silberman, and Justice Antonin Scalia.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
I want to highlight a few comments from a few of these letters.
Former Solicitor General Ted Olson, for example, wrote to me that ``I have been continuously impressed by his unfailing dedication and talent. I cannot imagine a more productive, honorable and distinguished record of exceptional government service. . . . General Clement has also been an outstanding steward of the office of the Solicitor General throughout his 7 years of government service. . . . He leaves this fine office in superb condition, fully staffed and in the hands of lawyers dedicated to carry on the work of the Solicitor General.''
Deputy Attorney General Mark Filip attended Harvard Law School with Paul and together they clerked for Justice Scalia. He writes: ``The respect and praise for Mr. Clement is the product of his unique talents and work ethic. He is exceptionally bright, and he is a gifted oral advocate. He is also intellectually honest and open-minded . . . Paul is a fundamentally decent person, and a true patriot, and the Department of Justice and Nation are decidedly better because of his public service.''
And Justice Scalia wrote to me this way: ``when it was rumored that Paul Clement was under consideration to fill the vacancy in the office of Solicitor General, the Court (and I speak here of a 9-0 judgment) was delighted. It was the consensus, based on Mr. Clement's appearances before us over the preceding few years, that the President could not make a better choice. We have not been disappointed in our expectation. For the past 7 years, General Clement could be relied upon to assure that the Government's case was presented forcefully but fairly, without exaggeration or obfuscation. The Government did not always win, of course, because sometimes its case was a weak one; but the Office of Solicitor General said for it the best that could be said. I take special pride in passing along this praise, since as you know Paul was once a law clerk of mine and has remained a good friend.''
This is certainly high praise and I share all of it.
But Paul Clement is no ordinary super-lawyer.
Last year, a profile in the Wall Street Journal noted Paul's credentials and brilliance but also revealed that he is a fan of alternative rock music, with his favorite band the grunge group Nirvana.
The Journal speculated that Paul is the first Solicitor General to frequent the 9:30 Club, described as Washington's alternative rock outpost.
A writer on the Wall Street Journals blog offered this simple yet profound assessment, which I also share:
Paul Clement rocks.
I understand that Paul will be staying in the Washington area, returning to teach law at Georgetown and serving as a fellow at the Supreme Court Institute.
Both institutions and the people they serve are truly blessed to have him.
Already in his young life, Paul Clement has touched many lives and made America better.
I understand that Paul and his family are today doing some well-
deserved traveling abroad.
I join so many others in thanking him for his service to America and in offering my prayers for him and his family in their lives ahead.
This is an exceptional human being. He is a great man. At his tender age, he has been a great Solicitor General by all measures. Whether you are a Democrat or Republican, you have to acknowledge that. He has served this country well and faithfully. I value his friendship. I value him as a human being.
On behalf of, I think, every member of the Judiciary Committee and others who knew him, we wish Paul the absolute best. We know he will be giving a great deal of knowledge to those young students and others who will learn from him.
I am grateful to know him. I am grateful I have had the privilege of working with him. I am grateful I have been able to watch his career as he served in the Solicitor General's office. I am grateful this young man has reached the heights he has reached because he deserves it. He is a terrific human being, and we all know that.
I yield the floor.
Exhibit 1
Gibson, Dunn & Crutcher LLP,
Washington, DC, June 3, 2008.Re Solicitor General Paul D. Clement
Hon. Orrin G. Hatch,U.S. Senate,Washington, DC,
Dear Senator Hatch: I understand that you will be offering a Senate tribute to retiring Solicitor General Paul D. Clement. You are very kind to do this, and I wanted to take the opportunity to add my praise to the many plaudits that I am sure you have received from others for the outstanding and dedicated service Solicitor General Clement has rendered to the Government of the U.S. and to the people of this Nation during his 7 years as Deputy Solicitor General and Solicitor General.
As you know, General Clement served as my Principal Deputy in the Solicitor General's office from 2001 until 2004. As a result, I was able to observe, on a daily basis, his extraordinary talents and dedicated service in the Department of Justice. I also stayed in close touch with his work in the years since I left the office in 2004. I have been continuously impressed by his unfailing dedication and talent. I cannot imagine a more productive, honorable and distinguished record of exceptional government service.
General Clement is and has been a superb advocate for the United States before the United States Supreme Court. I personally observed many of his forty-nine arguments before the Court and I am familiar with many of the arguments that I did not witness. His preparation for and delivery of arguments to the Court have invariably been superb. His analysis has been meticulous and insightful, his oral advocacy honest, clear and forthright, and he is eloquent and persuasive in Court. Many of his arguments have involved defending the constitutionality of acts of Congress. Congress could not possibly have had a better advocate. He repeatedly and consistently earned the respect, admiration and appreciation of the Justices.
Another part of General Clement's service was managing the appellate practice of the lawyers of the United States in the federal courts. He has worked diligently and conscientiously to insure that the interests of the United States were well served in determining whether to appeal decisions adverse to the United States and to intervene in cases where the interest of the United States required it. The quality of that advocacy has been clear, fair, and consistently of the highest caliber. In developing the position of the United States, he has thoughtfully and painstakingly listened to and helped articulate the views of the Government agencies that he has represented, never overlooking the fact that the people of this Nation were his ultimate clients.
General Clement has also been an outstanding steward of the Office of the Solicitor General throughout his 7 years of government service. He has encouraged, supported and guided the exceptional career attorneys and staff members of the Office of the Solicitor General. He leaves this fine office in superb condition, fully staffed and in the hands of lawyers dedicated to carry on the work of the Solicitor General.
Solicitor General Clement is a paradigmatical example of unselfish government service. He has earned the respect and gratitude of all citizens.
Thank you for expressing the Nation's appreciation and thanks to General Clement for his outstanding personal and professional service as Solicitor General of the United States.
Very truly yours,Theodore B. Olson.
____
Washington, DC, June 2, 2008.Hon. Orrin Hatch,U.S. Senate,Washington, DC.
Dear Senator Hatch: I'm delighted to add my voice to the chorus applauding Paul Clement's tenure as Solicitor General of the United States. Throughout, Paul conducted himself before the Court in the very finest traditions of the office. I'm delighted that he plans (for now at least) to remain close by, and I look forward to many happy years of continued professional association with this fine lawyer.
Yours sincerely,Seth P. Waxman.
____
Office of the
Deputy Attorney General,
Washington, DC, June 2, 2008.Hon. Orrin Hatch,U.S. Senate,Washington, DC.
Dear Senator Hatch: In June 2008, Paul Clement completed his tenure at the Justice Department as one of the most distinguished Solicitor Generals in United States history. Mr. Clement leaves the Justice Department with the respect and admiration of a vast group of people within the Department, within the ranks of present and former members of the federal judiciary, and among members of the private bar. The breadth of this group of peop1e--from both sides of the political aisle, from across the spectrum of the federal judiciary, and from his former litigation colleagues and adversaries alike--is decidedly uncommon in our present legal culture. The range of respect for Mr. Clement is even more impressive when one realizes that he has litigated the most high profile cases, concerning the most sensitive issues, before the U.S. Supreme Court over the last seven plus years.
The respect and praise for Mr. Clement is the product of his unique talents and work ethic. He is exceptionally bright, and he is a gifted oral advocate. He is also intellectually honest and open-minded. I regard the year I spent clerking with him for Justice Scalia as one of the true good fortunes of my professional career. Paul is a fundamentally decent person, and a true patriot, and the Department of Justice and Nation are decidedly better because of his public service. Thank you very much, Senator Hatch, for appropriately recognizing his contribution.
Very truly yours,
Mark Filip,Deputy Attorney General.
____
Baker & McKenzie, LLP,
Washington, DC, June 6, 2008.Hon. Orrin G. Hatch,U.S. Senate,Washington, DC.
Dear Senator Hatch: Thank you for the honor to participate in paying tribute to the outstanding service of Paul Clement, former Solicitor General of the United States. I was privileged to be Paul's colleague at the Department of Justice for six years, and I consider him to be one of our country's finest public servants.
Since the horrific attacks on America on September 11, 2001, our nation has faced the unprecedented challenge of preventing another devastating attack by a largely invisible enemy. This effort has placed an especially heavy burden on our military and law enforcement agencies. It has also presented us with a set of extremely difficult legal issues as we work to protect American lives while remaining faithful to the rule of law. No one in the United States has done more to find the best answers to these complex questions than Paul Clement. At a time when our country needed its best and brightest to step forward and serve, Paul Clement was an answer to the prayers of millions of Americans who earnestly hoped for capable leaders in this historic hour.
When I served as United State Attorney in the Eastern District of Virginia, I witnessed his superb argument before the Fourth Circuit Court of Appeals in the prosecution of convicted terrorist Zaccarias Moussaoui and his excellent judgment and advocacy in the litigation arising from the detention of Yaser Hamdi. Paul's approach was never combative and ``win at all costs''. Rather, he calmly, respectfully, and brilliantly worked through the issues presented in these cases to find answers that were consistent with the letter and spirit of the U.S. Constitution. Later, when I served as Deputy Attorney General, I again had the benefit of Paul's wise counsel and a better seat from which to observe his integrity in action. When Paul was asked where he thought the Supreme Court would go in a particular case, he offered only clear and honest assessments with the utmost respect for every person and perspective. It is no small irony that at a time so marked by emotion-filled arguments and about constitutional fidelity in the war against terrorism, our nation's top advocate for the government has been a man of unfailing civility and intellectual integrity who cares far more about the Court getting it right than his own scorecard of success.
As Paul now enters a new phase in his extraordinary legal career, I wish this man of faith and devotion to family all the best. I also hope that some day, once again, he will be the answer to America's prayer for a devoted public servant in a time a great need.
Senator Hatch, I greatly appreciate your support for Paul, the Department of Justice, and your many years of leadership in the United States Senate.
Respectly yours,
Paul J. McNulty,Former Deputy Attorney General.
____
The Heritage Foundation,
Washington, DC, June 10, 2008.Re Paul Clement
Hon. Orrin Hatch,U.S. Senate,Washington, DC.
Dear Senator Hatch: It is a pleasure to join you in recognizing the excellent work of Paul Clement as Solicitor General of the United States.
Having served as Attorney General, I know of the importance of his position as the key official responsible for all the appellate work done on behalf of the people of this Country. The Department of Justice has an enviable record of high quality legal appellate work, thanks to a succession of fine Solicitors General. Paul has continued that tradition and has provided the personal leadership and professional competence which has won the acclaim of the Justices of the Supreme Court as well as the attorneys that make up the Supreme Court Bar.
In summary, Paul Clement has done an outstanding job as Solicitor General of the United States. His commitment to the rule of law and the Constitution, as well as his legal knowledge and expertise, has contributed to a distinguished record of service to the Country.
Thank you for your efforts in leading this commendation of an outstanding public official.
Sincerely,
Edwin Meese III,
Attorney General of the United States,
(1985-1988).
____
The Ashcroft Group, LLC,
Washington, DC, June 2, 2008.Hon. Orrin G. Hatch,U.S. Senate,Washington, DC.
Dear Senator Hatch: The opportunity to thank Paul Clement for his years of superlative public service is one for which I am grateful.
It is a personal pleasure and profound honor to have had the privilege of working alongside Paul in various settings. We first worked together when he served as Counsel to the Constitution Subcommittee of the Senate Committee on the Judiciary. Following my appointment as U.S. Attorney General, I had the satisfaction of working with Paul in the Office of the Solicitor General.
In all of his service, integrity has been thoroughly sustained; his wisdom as a Counselor has been unsurpassed and the industry with which he has approached every challenge has been unflagging. Even so, Paul never allowed the excellence of his intellect to interfere with his cordial friendships with coworkers.
I know of no record of public service more worthy of praise than that of Paul Clement. The U.S. Senate is to be congratulated for its foresight and wisdom in confirming him as U.S. Solicitor General to defend our nation's interests in the judicial system.
I am truly grateful for Paul's professional and personal friendship. May God bless him and his family in the days ahead.
Sincerely,John Ashcroft.
____
U.S. Court of Appeals,
District of Columbia Circuit,
Washington, DC, May 19, 2008.Hon. Orrin G. Hatch,U.S. Senate,Washington, DC.
Dear Orrin: The following tribute to Paul Clement is being sent to you for submission into the Congressional Record:
``Paul Clement is a superb lawyer and was a splendid Solicitor General with almost invariably good judgment.''
Sincerely,
Laurence H. Silberman,U.S. Senior Circuit Judge.
____
Supreme Court of the United States,
Washington, DC, June 6, 2008.Hon. Orrin G. Hatch,U.S. Senate,Washington, DC.
Dear Senator Hatch: I have sometimes remarked that one does not fully appreciate, unless and until he becomes a judge, how appropriate it is for counsel to be called ``officers of the court.'' Judges make the decisions, to be sure. But they rely upon counsel to bring forward the best of what can be said for each side of the case. And when counsel fail to do that, the outcome may suffer.
Thus, when it was rumored that Paul Clement was under consideration to fill the vacancy in the office of Solicitor General, the Court (and I speak here of a 9-0 judgment) was delighted. It was the consensus, based on Mr. Clement's appearances before us over the preceding few years, that the President could not make a better choice.
We have not been disappointed in our expectation. For the past 7 years, General Clement could be relied upon to assure that the Government's case was presented forcefully but fairly, without exaggeration or obfuscation. The Government did not always win, of course, because sometimes its case was a weak one; but the Office of Solicitor General said for it the best that could be said. I take special pride in passing along this praise, since as you know Paul was once law clerk of mine and has remained a good friend.
For a successful lawyer, a 7-year commitment to government service involves massive financial sacrifice. The sacrifice is all the greater, and is shared, when the lawyer has a wife and three young children. So not only does Paul deserve the Nation's thanks for making a significant contribution to federal justice, but so does Alexandra for letting him do so.
He has our best wishes and confident expectations for continuation of a brilliant career in the law.
Sincerely,Antonin Scalia.
____________________
