[Congressional Record (Bound Edition), Volume 154 (2008), Part 9]
[Senate]
[Pages 13207-13210]
[From the U.S. 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

[[Page 13208]]

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

[[Page 13209]]

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

[[Page 13210]]

     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 States 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.
           Respectfully 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.

                          ____________________