Michael W. Mosman

Michael Wise Mosman (born December 23, 1956) is a United States District Judge of the United States District Court for the District of Oregon. He served as Chief Judge for the U.S. District Court for the District of Oregon from February 1, 2016 to December 23, 2019.[1] He also served a 7-year term on the FISA Court from May 4th, 2013 - May 3rd, 2020[2]. The Oregon native previously served as the United States Attorney for the same district.

Michael Wise Mosman
Chief Judge of the United States District Court for the District of Oregon
In office
February 1, 2016 – December 23, 2019
Preceded byAnn Aiken
Succeeded byMarco A. Hernandez
Judge of the United States Foreign Intelligence Surveillance Court
In office
May 4, 2013 – May 3, 2020
Appointed byJohn Roberts
Succeeded byAnthony Trenga
Judge of the United States District Court for the District of Oregon
Assumed office
September 26, 2003
Appointed byGeorge W. Bush
Preceded byRobert E. Jones
United States Attorney for the District of Oregon
In office
2001–2003
Appointed byGeorge W. Bush
Preceded byKristine Olson Rogers
Succeeded byKarin Immergut
Personal details
Born
Michael Wise Mosman

(1956-12-23) December 23, 1956
Eugene, Oregon, U.S.
Alma materRicks College (AB)
Utah State University (BS)
Brigham Young University (JD)

Early life and education

Michael Mosman was born in the Willamette Valley of Oregon in 1956 in the city of Eugene.[3] He grew up in Lewiston, Idaho, the son of an attorney and judge with an older sister and three younger brothers.[4] He attended Ricks College in Idaho, which is now Brigham Young University–Idaho.[3] He graduated with an Artium Baccalaureus degree in 1979 before attending Utah State University in Logan, Utah. At Utah State he graduated with a Bachelor of Science degree in 1981,[3] and was the valedictorian of his class.[4] Mosman then went on to law school at Brigham Young University's J. Reuben Clark Law School. He graduated there in 1984 with a Juris Doctor.[3] At BYU he was the editor of the law review, and graduated magna cum laude.[4]

In 1984, Mosman began clerking for Malcolm Richard Wilkey, judge on the United States Court of Appeals for the District of Columbia Circuit.[3] The following year he entered private legal practice for part of 1985 as an associate at Shaw, Pittman, Potts & Trowbridge (now Pillsbury Winthrop Shaw Pittman)[5]. Mosman then was a judicial clerk for United States Supreme Court justice Lewis F. Powell.[3] While clerking for Powell, he was involved in the justice's voting to uphold Georgia's sodomy law in Bowers v. Hardwick,[6] writing[7]

"The right to privacy calls for the greatest judicial restraint, invalidating only those laws that impinge on those values that are basic to our country"

and

"I do not think that this case involves any such values. I recommend reversal [of the Eleventh Circuit decision]...Personal sexual freedom is a newcomer among our national values, and may well be, as discussed earlier, a temporary national mood that fades."

After leaving Powell's employ, Mosman entered private practice in Portland, Oregon, in 1986 at Miller Nash (now Miller Nash Graham & Dunn).[3][5]

Federal judicial service

United States Attorney

In 1988, he began working as an Assistant United States Attorney for the District of Oregon, remaining until 2001.[3] That year he became the United States Attorney for the District of Oregon, serving until 2003.[3] He replaced Kristine Olson Rogers who had resigned.[8]

United States District Judge

In 2003, United States President George W. Bush nominated Mosman to serve as judge for the United States District Court for the District of Oregon on May 8 to take the seat of Robert E. Jones, who had assumed senior status on the court.[3]

Senate Confirmation

Mosman was confirmed unanimously in a 93-0 vote on September 25th, 2003 by the United States Senate during the 108th United States Congress.[9] Senator Ron Wyden and Senator Gordon H. Smith spoke at the confirmation hearing, highlighting his prior service in the war on terrorism and that a bipartisan commission established to fill the vacancy left by Robert E. Jones had discovered him.[5]

He served as Chief Judge for approximately 4 years from February 1, 2016 to December 23, 2019.[1]

Foreign Intelligence Surveillance Court & Alien Terrorist Removal Court

He served a full 7-year term as a Judge of the United States Foreign Intelligence Surveillance Court from May, 2013 - May, 2020. He is also a Judge of the Alien Terrorist Removal Court since 2018.[10]

Notable cases

Lemons v. Bradbury

On February 1, 2008, in Lemons v. Bradbury, Judge Mosman dismissed the lawsuit and lifted an injunction against Oregon's new civil union law.[11] Judge Mosman had issued the temporary injunction in December 2007 to prevent Oregon's new civil union law from taking effect in January.[6] This was in response to a legal challenge by a group that had attempted to place a referendum on the November 2008 ballot to block the civil union law that had been passed by the Oregon Legislative Assembly.[12] The legal issue centered on how the Oregon Secretary of State verified signatures on petitions.[6]

Carter Page Warrant

In 2017, Judge Mosman approved renewal of a FISA Court warrant for Carter Page, a former adviser to the 2016 Trump Campaign. In July 2018, the warrant application was released publicly, marking the first time FISA warrant application materials were made public.[13] The heavily-redacted, 412-page application cites many sources, including confidential informants.[14] Among those many sources, the application cites the Steele dossier, leading a legal commentator to criticize the basis of the warrant.[15]

Kawhi Leonard v. Nike Inc

In April, 2020, Judge Mosman granted Nike's motion dismissing Kawhi Leonard's copyright claims over a disputed logo, writing

"It's not merely a derivative work of the sketch itself...I do find it to be new and significantly different from the design."[16]

Oregon restraining order against Department of Homeland Security (2020)

In July 2020, the Oregon Attorney General, Ellen Rosenblum, requested a restraining order based on the detainment actions of Department of Homeland Security and Customs and Border Patrol personnel. The AG alleged that unmarked federal agents had unlawfully detained protesters in Portland without probable cause.[17]

Michael Mosman rejected the request for a restraining order, stating that "because it has not shown it is vindicating an interest that is specific to the state itself — I find the State of Oregon lacks standing here and therefore deny its request for a temporary restraining order".[18]

Awards/Talks
  • In 2018, Judge Mosman received the Alumni Achievement Award from BYU's J. Reuben Clark Law School, [19] entitled "How Not To Be stupid"
  • As part of the Spirit and the Law Series at BYU, Judge Mosman gave a talk on conflict and confrontation in the law[20]

Family

Mosman is married to the former Suzanne Cannon Hogan, and they have five children.[4] He is a member of The Church of Jesus Christ of Latter-day Saints.[4]

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See also
  • List of law clerks of the Supreme Court of the United States

References
  1. Chief Judge Transition
  2. "The Foreign Intelligence Surveillance Court: 2013 Membership". Federation of American Scientists. Retrieved June 9, 2013.
  3. "Mosman, Michael W. - Federal Judicial Center". www.fjc.gov.
  4. Cannon, Mark W. Record Six New LDS Federal Judges Appointed. Archived 2007-12-24 at the Wayback Machine Meridian Magazine. Retrieved on February 9, 2008.
  5. Hearings Before the Committee on the Judiciary United States Senate One Hundred Eighth Congress
  6. Beck, Byron. Domestic Partner Decision: Revisiting Old Wounds? Willamette Week, December 31, 2007.
  7. Journal of Criminal Law and Criminology Volume 94 Issue 3 Spring 2004
  8. "Nominations Sent to the Senate". White House Press Releases. September 5, 2001.
  9. PN601 — Michael W. Mosman — The Judiciary
  10. https://www.fjc.gov/history/courts/alien-terrorist-removal-court-judges
  11. Green, Ashbel S. Civil unions get the nod in Oregon. The Oregonian, February 2, 2008.
  12. Pardington, Suzanne. Judge halts civil-unions law. The Oregonian, December 29, 2007.
  13. Savage, Charlie (July 21, 2018). "Carter Page FISA Documents Are Released by Justice Department". New York Times. Retrieved 2018-07-24.
  14. FISA Application for Warrant for Carter Page.
  15. "FISA Applications Confirm: The FBI Relied on the Unverified Steele Dossier". National Review. 2018-07-23. Retrieved 2018-07-24.
  16. Kawhi Leonard told to keep his hands off Nike's logo
  17. Wilson, Conrad; VanderHart, Dirk; Powell, Meerah. "Oregon Department Of Justice Sues Federal Agencies Over Protest Enforcement". www.opb.org. Oregon Public Broadcasting. Retrieved 25 July 2020.
  18. Treisman, Rachel. "Judge Denies Oregon's Request For Restraining Order Against Federal Officers". NPR.org. National Public Radio. Retrieved 25 July 2020.
  19. https://jdtobe.byu.edu/2018/10/31/5-keys-on-how-not-to-be-stupid-from-judge-michael-mosman/
  20. https://law.byu.edu/news/spirit-in-the-law-by-judge-michael-mosman/
Legal offices
Preceded by
Kristine Olson		 United States Attorney for the District of Oregon
2001–2003		 Succeeded by
Karin Immergut
Preceded by
Robert E. Jones		 Judge of the United States District Court for the District of Oregon
2003–present		 Incumbent
Preceded by
Ann Aiken		 Chief Judge of the United States District Court for the District of Oregon
2016–2019		 Succeeded by
Marco A. Hernandez
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