Trevor N. McFadden

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Trevor McFadden
Official portrait, 2019
Judge of the United States District Court for the District of Columbia
Assumed office
October 31, 2017
Appointed byDonald Trump
Preceded byRichard J. Leon
Personal details
Born (1978-06-28) June 28, 1978 (age 45)
Alexandria, Virginia, U.S.
EducationWheaton College (BA)
University of Virginia (JD)

Trevor Neil McFadden (born June 28, 1978) is an American lawyer who serves as a United States district judge of the United States District Court for the District of Columbia. Previously, he was a deputy assistant attorney general in the Criminal Division of the Department of Justice.

Biography

McFadden was born in 1978 in

Arlington, Virginia. He graduated from Wheaton College in Illinois in 2001 with a Bachelor of Arts, magna cum laude. From 2001 to 2003, McFadden was a police officer in Fairfax County, Virginia. He then attended the University of Virginia School of Law, where he served on the editorial board of the Virginia Law Review. He graduated in 2006 with a Juris Doctor.[1]

McFadden clerked for Judge Steven Colloton of the United States Court of Appeals for the Eighth Circuit from 2006 to 2007. He was previously a partner in the Compliance, Investigations & Government Enforcement Group in the Washington, D.C. office of Baker McKenzie, where he represented clients in white collar matters, including Foreign Corrupt Practices Act investigations, anti-money laundering compliance work and U.S. trade compliance matters.[2][3]

Before becoming a judge, McFadden served as a deputy assistant attorney general in the Criminal Division of the Department of Justice.[2] He has been a member of the Federalist Society since 2003.[4]

Federal judicial service

On June 7, 2017, President Donald Trump nominated McFadden 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 Richard J. Leon, who assumed senior status on December 31, 2016.[5] A hearing on his nomination before the Senate Judiciary Committee was held on June 28, 2017.[6] On July 20, 2017, his nomination was reported out of committee by a voice vote.[7] On October 26, 2017, the United States Senate invoked cloture on his nomination by an 85–12 vote.[8] On October 30, 2017, his nomination was confirmed by an 84–10 vote.[9] He received his judicial commission on October 31, 2017.[10]

Tenure and prominent decisions

Border wall

In April 2019, the

U.S. Court of Appeals for the D.C. Circuit overturned McFadden's decision and reinstated the House's lawsuit. Citing the McGahn case, the appellate court held that a single chamber of Congress has "standing to pursue litigation against the Executive for injury to its legislative rights"; the court also criticized the Trump administration's argument that "the Executive Branch can freely spend Treasury funds as it wishes unless and until a veto-proof majority of both houses of Congress forbids it" as a position that "turns the constitutional order upside down."[12][14]

Trump tax returns

Congressman

House Ways and Means Committee, has litigated to obtain Trump's tax returns, but McFadden has ruled other matters should be litigated prior to any such release. Trump's attorneys moved to dismiss the case, arguing congressional investigatory power is nonexistent. Should McFadden rule for the committee's request, Trump's attorneys claim further that Neal's proffered legislative purpose—oversight of mandatory presidential tax audits—is merely a pretext for securing and publicizing Trump's IRS 1040s forms.[15]

In December 2021, McFadden dismissed Committee on Ways & Means v. U.S. Department of the Treasury and Trump, a suit brought before him in July 2019 in which the Committee sought the tax returns of then-president Trump. McFadden ruled that Trump was "wrong on the law" and that Congress is due "great deference" in its inquiries, allowing the tax returns to be released to the Committee. He granted a 14-day delay in the release of the returns to allow the parties to negotiate terms of the release, or for Trump to appeal to the

DC Circuit Court of Appeals.[16]

Steele dossier

McFadden was assigned to rule on a subpoena hearing in a case regarding a Russian businessman named in the

recusal, said that while he found some of the McFadden's contentions "curious," recusal did not appear to be required.[17][18][19]

January 6 Capitol attack

In February 2021, McFadden received widespread media attention when he approved a uncontested travel request by Jenny Cudd, who faced two misdemeanor charges in connection with the

January 6, 2021, storming of the United States Capitol.[23] Following Cudd's conviction, Judge McFadden removed weapons restrictions from her probation conditions, agreeing it was not "reasonably related" to her crime and she may need a firearm for own self-defense in the face of harassment she had endured following her conviction.[24]

McFadden also received national media attention for suggesting that the January 6 Capitol rioters were being treated more harshly than the rioters in the 2020

police baton from an officer and used it to strike two other officers.[27]

Vaccination

In March 2022, Judge McFadden blocked a DC rule which would allow minors to elect to be vaccinated without parental consent, concluding that it violated the parents' religious liberty. In his opinion, Judge McFadden described the minors involved in the case as behaving in "classic teenager fashion" by seeking to be vaccinated notwithstanding their parents' disapproval.[28][29]

Personal life

McFadden and his family attend services at Anglican congregation of Falls Church, Virginia. McFadden's church membership was brought up by Sheldon Whitehouse during McFadden's nomination to the district court, asking whether he would uphold the Supreme Court’s decision allowing same-sex marriage despite his church’s conservative social beliefs. McFadden answered that he would respect the Supreme Court's ruling.[30]

References

  1. ^ Schneier, Cogan (June 7, 2017). "Trump Taps Trio of DOJers for DC Judge Nominees". The National Law Journal. Retrieved August 9, 2017.
  2. ^ a b Severino, Carrie (June 8, 2017). "Who is Trevor McFadden?". National Review. Retrieved August 9, 2017.
  3. National Archives
    .
  4. ^ "United States Senate Committee on the Judiciary: Questionnaire for Judicial Nominees: Trevor N. McFadden" (PDF).
  5. National Archives
    .
  6. ^ "Nominations | United States Senate Committee on the Judiciary". www.judiciary.senate.gov. June 28, 2017.
  7. ^ "Results of Executive Business Meeting – July 20, 2017, Senate Judiciary Committee" (PDF).
  8. ^ "On the Cloture Motion (Motion to Invoke Cloture on the Nomination of Trevor N. McFadden, of Virginia, to be United States District Judge for the District of Columbia)". United States Senate.
  9. ^ "On the Nomination (Confirmation Trevor N. McFadden, of Virginia to be U.S. District Judge for the District of Columbia)". United States Senate.
  10. ^ Trevor N. McFadden at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  11. ^ Gerstein, Josh (April 23, 2019). "House asks judge to halt Trump border wall funding". Politico. Retrieved April 26, 2019.
  12. ^ a b Marimow, Ann E. (September 25, 2020). "Court sides with House Democrats in challenge to Trump's border wall spending". The Washington Post.
  13. ^ Hsu, Spencer (June 3, 2019). "Judge rejects House suit to block transfer of billions of dollars for Trump border wall". The Washington Post. Retrieved August 1, 2019.
  14. ^ Lambe, Jerry (September 25, 2020). "'That Turns the Constitutional Order Upside Down': Appeals Court Resurrects Lawsuit to Stop Trump from Diverting Funds to Border Wall". Law & Crime.
  15. ^ "A Bit of Impeachment-um for Tax Return Quest?". Western Mass Politics and Insight. October 2, 2019. Retrieved October 3, 2019.
  16. ^ Gerstein, Josh; Cheney, Kyle (December 14, 2021). "Judge scraps Trump lawsuit to shield tax returns from Congress". Politico.
  17. ^ "Trump-appointed judge who donated to campaign refuses to recuse himself from dossier matter". ABC News. February 22, 2018. Retrieved October 3, 2019.
  18. ^ Gerstein, Josh (February 16, 2018). "Trump-appointed judge won't recuse from dossier case". Politico. Retrieved October 17, 2019.
  19. ^ Gerstein, Josh (January 8, 2018). "Fusion GPS: Trump-appointed judge has conflicts, should recuse". Politico. Retrieved October 17, 2019.
  20. ^ "Judge: Texan charged in Capitol riot can go on Mexico trip". ABC News. Associated Press. February 5, 2021. Retrieved February 6, 2021.
  21. ISSN 0362-4331
    . Retrieved February 6, 2021.
  22. ^ Chappell, Bill (February 5, 2021). "U.S. Judge Grants Accused Rioter's Request To Vacation In Mexico". NPR. Retrieved February 6, 2021.
  23. ^ a b "Judge says DOJ should be 'even-handed' in treatment of Capitol rioters". CNN. October 1, 2021.
  24. ^ Volokh, Eugene (April 8, 2022). "Court Removes No-Weapons Probation Condition for Woman Convicted of Jan. 6 Capitol Trespass". Volokh Conspiracy.
  25. ^ Gerstein, Josh; Cheney, Kyle (April 6, 2022). "Judge issues first outright acquittal of Jan. 6 riot defendant". Politico.
  26. ^ "Jan. 6 rioter gets probation not prison after judge finds autism played a role". Politico. October 26, 2022.
  27. ^ "Virginia Man Sentenced for Assaulting Officers During Jan. 6 Capitol Breach". March 21, 2023.
  28. ^ Estulin, Shayna (March 21, 2022). "Judge bars DC from vaccinating kids without parental permission". WTOP.
  29. ^ "Booth v. Bowser".
  30. ^ Paulsen, David (November 9, 2017). "Episcopalians bring faith perspectives to Congress on both sides of political aisle". Episcopal News Service. Retrieved January 16, 2021.

External links

Legal offices
Preceded by Judge of the United States District Court for the District of Columbia
2017–present 		Incumbent
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