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词条 Randolph Moss
释义

  1. Biography

  2. Federal judicial service

  3. Notable rulings

  4. References

  5. External links

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| name = Randolph Moss
| honorific-suffix =
| image = Moss Randolph.jpg
| alt =
| caption =
| office = Judge of the United States District Court for the District of Columbia
| term_start = November 14, 2014
| term_end =
| nominator =
| appointer = Barack Obama
| predecessor = Robert L. Wilkins
| successor =
| office1 = Assistant Attorney General for the Office of Legal Counsel
| term_start1 = 1998
| term_end1 = 2001[1]
Acting until 2000
| nominator1 =
| appointer1 = Bill Clinton
| predecessor1 = Dawn Johnsen
| successor1 = Jay Bybee
| pronunciation =
| birth_name = Raymond Daniel Moss
| birth_date = {{Birth date and age|1961|04|27}}
| birth_place = Springfield, Ohio
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| education = Hamilton College (A.B.)
Yale Law School (J.D.)
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Randolph Daniel Moss (born April 27, 1961)[1] is a United States District Judge of the United States District Court for the District of Columbia.

Biography

Moss was born Raymond Daniel Moss in Springfield, Ohio.[2] He received an Artium Baccalaureus degree, summa cum laude, in 1983 from Hamilton College. He received a Juris Doctor in 1986 from Yale Law School. He began his legal career as a law clerk to Judge Pierre N. Leval of the United States District Court for the Southern District of New York, from 1986 to 1987, and then served as a law clerk to Justice John Paul Stevens of the United States Supreme Court, from 1988 to 1989. He worked at the law firm of Wilmer, Cutler & Pickering from 1989 to 1996. From 1996 to 2001, he worked at the United States Department of Justice, Office of Legal Counsel, in a number of capacities. He served as Deputy Assistant Attorney General, from 1996 to 1998, Acting Assistant Attorney General, from 1998 to 2000, and as Assistant Attorney General, from 2000 to 2001.[3] Most notably, in 2000, in his capacity as Assistant Attorney General, he was asked to summarize and review the analysis of a Department of Justice conclusion made in 1973 that the indictment or criminal prosecution of a sitting President impermissibly undermines the capacity of the executive branch to perform its constitutionally assigned functions, and to consider whether any subsequent developments in the law led the Department of Justice to reconsider and modify or disavow that determination.[4] In response to that request, he authored a memorandum opinion entitled [https://www.justice.gov/sites/default/files/olc/opinions/2000/10/31/op-olc-v024-p0222_0.pdf "A Sitting President's Amenability to Indictment and Criminal Prosecution,"] which is dated October 16, 2000. In that opinion, he describes the Department of Justice's 1973 analysis and conclusions and examines more recent case law from the United States Supreme Court. In his final analysis, he opines that "the conclusion reached by the Department in 1973 still represents the best interpretation of the Constitution. . . ." and that "the determinations made by the Department in 1973 . . . remain sound and that subsequent developments in the law validate both the analytical framework applied and the conclusions reached at that time." He concludes: "Our view remains that a sitting President is constitutionally immune from indictment and criminal prosecution." After his service in the Justice Department, he returned to his previous law firm, now known as Wilmer, Cutler, Pickering, Hale and Dorr LLP, where he chaired the firm's Regulatory and Government Affairs Department, leaving the firm upon his confirmation as a federal judge in November 2014.[5][6]

Federal judicial service

On April 3, 2014, President Obama nominated Moss to serve as a United States District Judge of the United States District Court for the District of Columbia, to the seat vacated by Judge Robert L. Wilkins, who terminated service on the court due to his elevation to the United States Court of Appeals for the District of Columbia Circuit on January 24, 2014.[7] He received a hearing before the United States Senate Judiciary Committee on May 20, 2014.[8] On June 19, 2014 his nomination was reported out of committee by a roll call vote of 11–7.[9] On September 18, 2014 Senate Majority Leader Harry Reid filed for cloture on his nomination. On Wednesday, November 12, 2014 cloture was invoked by the Senate by a vote of 53–45.[10] On November 13, 2014 the Senate voted 54–45 in favor of final confirmation.[11] He received his judicial commission on November 14, 2014.[6]

Notable rulings

In May 2016, Moss found that the Foreign Sovereign Immunities Act prevented an Ethiopian dissident living under asylum in the United States from suing the Ethiopian government for infecting his home computer with FinSpy spyware and then surveilling him in Maryland.[12][13]

On October 16, 2018 Moss ruled against Education Secretary Betsy DeVos after she stopped an Obama-era rule from taking effect which protected students against fraud from for-profit colleges.[14][15]

References

1. ^[https://www.mylife.com/randolph-moss/e615651225228 MyLife.com profile]
2. ^{{cite web|url=http://www.gpo.gov/fdsys/pkg/CHRG-106shrg73031/html/CHRG-106shrg73031.htm|title=- CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS|website=www.gpo.gov}}
3. ^{{Cite web|title = District Judge Randolph D Moss {{!}} United States District Court |url =http://www.dcd.uscourts.gov/content/district-judge-randolph-d-moss |website = www.dcd.uscourts.gov |accessdate = 2016-12-04}}
4. ^{{Cite web|url=https://www.justice.gov/olc/opinion/sitting-president%E2%80%99s-amenability-indictment-and-criminal-prosecution|title=A Sitting President’s Amenability to Indictment and Criminal Prosecution|date=2014-07-09|website=www.justice.gov|language=en|access-date=2019-04-04}}
5. ^{{cite web|url=http://www.whitehouse.gov/the-press-office/2014/04/03/president-obama-nominates-two-serve-united-states-district-courts|title=President Obama Nominates Two to Serve on the United States District Courts|date=3 April 2014|publisher=}}
6. ^{{cite web|url=https://www.fjc.gov/history/judges/moss-randolph-daniel|title=Moss, Randolph Daniel – Federal Judicial Center|website=www.fjc.gov}}
7. ^{{cite web|url=http://www.whitehouse.gov/the-press-office/2014/04/03/presidential-nominations-sent-senate|title=Presidential Nominations Sent to the Senate|date=3 April 2014|publisher=}}
8. ^{{cite web|title=May 20, 2014: Judicial Nominations|url=http://www.judiciary.senate.gov/meetings/judicial-nominations-2014-05-20|publisher=United States Senate}}
9. ^{{cite web | url=http://www.judiciary.senate.gov/imo/media/doc/Results%20of%20Executive%20Business%20Meeting%20-%2006-19-14.pdf | title=Executive Business Meeting | publisher=Committee on the Judiciary | work=United States Senate | accessdate=19 June 2014}}
10. ^{{cite web | url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=2&vote=00271 | title=U.S. Senate Roll Call Votes 113th Congress – 2nd Session | publisher=United States Senate | work=Vote Summary: Vote Number 271 | accessdate=12 November 2014}}
11. ^{{cite web | url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=2&vote=00273 | title=U.S. Senate Roll Call Votes 113th Congress – 2nd Session | publisher=United States Senate | work=Vote Summary: Vote Number 273 | accessdate=13 November 2014}}
12. ^{{Bluebook journal |first=|last=Note| title=Recent Case: D.C. Circuit Finds Ethiopia Immune in Hacking Suit| volume=131 | journal=Harv. L. Rev. | page=1179 | url=https://harvardlawreview.org/wp-content/uploads/2018/02/1179-1186_Online.pdf| year=2018}}.
13. ^{{cite court |litigants=Doe v. Federal Democratic Republic of Ethiopia|vol=189 |reporter=F. Supp. 3d |opinion=6|court=D.D.C.|date=2016|url=https://scholar.google.com/scholar_case?case=16669983635972062290|accessdate=}}
14. ^{{Cite web |url=https://thehill.com/regulation/court-battles/411637-court-rules-obama-era-student-loan-regulations-must-take-effect |title=Court rules Obama-era student loan regulations must take effect |last=Rodrigo |first=Chris Mills |date=2018-10-16 |website=TheHill |language=en |access-date=2018-11-19}}
15. ^{{Cite web |url=https://www.cnn.com/2018/10/16/politics/devos-borrower-defense-lawsuit/index.html |title=Obama-era student debt relief takes effect |last=Lobosco |first=Katie |date=2018-10-18 |website=CNN.com |access-date=2018-11-19}}

External links

  • {{FJC Bio|nid=1394636}}
  • {{Ballotpedia|Randolph_D._Moss|Randolph D. Moss}}
{{s-start}}{{s-legal}}{{s-bef|before=Robert L. Wilkins}}{{s-ttl|title={{nowrap|Judge of the United States District Court for the District of Columbia}}|years=2014–present}}{{s-inc}}{{s-end}}{{United States DC Circuit district judges}}{{authority control}}{{DEFAULTSORT:Moss, Randolph Daniel}}

14 : 1961 births|Living people|Hamilton College (New York) alumni|Judges of the United States District Court for the District of Columbia|Law clerks of the Supreme Court of the United States|Maryland lawyers|New York (state) lawyers|People from Springfield, Ohio|United States Department of Justice lawyers|United States district court judges appointed by Barack Obama|Lawyers from Washington, D.C.|Yale Law School alumni|21st-century American judges|Wilmer Cutler Pickering Hale and Dorr people

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