[Congressional Record Volume 154, Number 103 (Friday, June 20, 2008)]
[Senate]
[Pages S5930-S5933]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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
[[Page S5931]]
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
[[Page S5932]]
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
[[Page S5933]]
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.
____________________