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Noel Francisco

From Wikipedia, the free encyclopedia
American lawyer (born 1969)
Noel Francisco
Official portrait, 2017
47thSolicitor General of the United States
In office
September 19, 2017 – July 3, 2020
PresidentDonald Trump
DeputyJeff Wall
Preceded byJeff Wall (acting)
Succeeded byJeff Wall (acting)
Acting
January 20, 2017 – March 10, 2017
PresidentDonald Trump
Preceded byIan Heath Gershengorn (acting)
Succeeded byJeff Wall (acting)
Principal Deputy Solicitor General of the United States
In office
January 20, 2017 – March 10, 2017
PresidentDonald Trump
Preceded byIan Heath Gershengorn
Succeeded byJeff Wall
Personal details
BornNoel John Francisco
(1969-08-21)August 21, 1969 (age 56)
Political partyRepublican
SpouseCynthia Stewart
Children2
EducationBrandeis University
University of Chicago (BA,JD)

Noel John Francisco (born August 21, 1969) is an American lawyer who served asSolicitor General of the United States from 2017 to 2020.[1] He was the firstAsian American confirmed by theUnited States Senate to hold the position.[2] Francisco is now apartner at the law firmJones Day.

As Solicitor General, Francisco was characterized as a staunch defender of PresidentDonald Trump. In his position, Francisco sought to have thePatient Protection and Affordable Care Act (ACA) andDeferred Action for Childhood Arrivals (DACA) struck down by the courts, neither of which occurred during his tenure. He also defendedExecutive Order 13769, which was a ban on travelers from predominantly Muslim countries deemed to present security risks; this was ultimately upheld by theSupreme Court inTrump v. Hawaii.[3][4]

Early life and education

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Francisco was born on August 21, 1969, inSyracuse, New York.[5][6] His father, Nemesio Francisco, was aphysician who immigrated to the United States from thePhilippines to study medicine. His mother, Therese, was fromOswego, New York.[5] Francisco grew up in Oswego and graduated fromOswego High School in 1987.[5][7]

Francisco attendedBrandeis University for one year before transferring to theUniversity of Chicago, graduating in 1991 with aBachelor of Arts degree ineconomics with honors.[7][5][8] From 1991 to 1993, Francisco was a financial analyst forMorgan Stanley andGleacher and Company.[7] He then attended theUniversity of Chicago Law School, graduating in 1996 with aJ.D. degree with high honors.[5][8]

Career

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After law school, Francisco was alaw clerk to JudgeJ. Michael Luttig of theU.S. Court of Appeals for the Fourth Circuit from 1996 to 1997 and to U.S. Supreme Court justiceAntonin Scalia from 1997 to 1998.[8][9] He then entered private practice at Cooper, Carvin, & Rosenthal (now Cooper & Kirk).[10] He was part of the legal team that worked forGeorge W. Bush on theFlorida recount in the 2000 presidential election.[5] In 2001, Francisco was appointed as an Associate Counsel to President Bush in the Office ofCounsel to the President. He later moved to the Office of Legal Counsel for the DeputyAssistant Attorney General in theUnited States Department of Justice, serving in that capacity from 2003 until 2005.

In 2005, Francisco moved back to the private sector, joining theWashington, D.C. office of the law firmJones Day, eventually becoming the chair of the firm's government regulation practice. While at Jones Day, he appeared several times before the Supreme Court, including inMcDonnell v. United States, which involved the meaning of "official act" under federal bribery statutes;Zubik v. Burwell, which involved the application of the Religious Freedom Restoration Act to regulations related to insurance coverage for contraception; andNLRB v. Noel Canning, which involved theConstitution’s recess appointment power.[11] He also argued numerous cases in the lower federal and state courts on a wide range of constitutional, civil, and criminal matters.[8]

Trump administration

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Francisco left Jones Day when he was appointed by PresidentDonald Trump to the position of Principal Deputy Solicitor General for the United States, effective January 23, 2017.[9][12][13][14] He served as the Acting Solicitor General from that date until March 10, 2017. On March 7, 2017, the White House announced Francisco's nomination to the position of Solicitor General.[9][15][16] He was confirmed by the U.S. Senate by a vote of 50–47 on September 19, 2017,[17] and was sworn in later that day.

With the resignation ofRachel Brand asAssociate Attorney General on February 8, 2018, Francisco became the fourth-ranking official in the Justice Department.[18] Francisco received an ethics waiver on April 24, 2018, which relieved him of a previous obligation to recuse himself from any investigation in which his former employer, law firmJones Day, was involved.[19][20] Jones Day, which owed Francisco approximately $500,000, represented the Trump presidential campaign in theSpecial Counsel investigation.[19]

On June 17, 2020, Francisco announced that he would be leaving his post at the Department of Justice, effective July 3, 2020.[21] In his three years as United States Solicitor General, Francisco had represented the United States government in over 150 merit cases, and personally argued in 17.[22]

As Solicitor General, Francisco was characterized as an "aggressive defender" of Trump. As Solicitor General, Francisco sought to have the Affordable Care Act (Obamacare) and the Deferred Action for Childhood Arrivals (DACA) struck down.[23] He defended Trump's travel ban, which barred people from seven majority-Muslim countries.[23] He sought to prevent Congress from accessing a redacted version of Special Counsel Robert Mueller's report into Russian interference in the 2016 election.[24] He defended the Justice Department's decision to withdraw a case against Trump associate Michael Flynn even after Flynn had pleaded guilty.[24] He fought against a subpoena to turn over Trump's tax records to theManhattan District Attorney.[25]

Personal life

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Francisco is married with two daughters and resides inWashington, D.C.[9] He previously served on the board of directors of the Chicago-basedLumen Christi Institute.[26]

Selected publications and lectures

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Articles
Op-eds
  • Francisco, Noel J.; Burnham, James M. (October 3, 2016). "Time for a New Pleading Standard in Criminal Cases".Forbes. Retrieved January 29, 2019.

See also

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References

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  1. ^"Nominations: Department of Justice".Congressional Record.163 (69): S2497. April 24, 2017. RetrievedJanuary 26, 2019.
  2. ^Visaya, Momar (September 25, 2017)."US Senate Confirms Fil-Am as Solicitor General".Philippine Daily Inquirer. RetrievedJanuary 26, 2019.
  3. ^Enrich, David (2022-08-25)."How a Corporate Law Firm Led a Political Revolution".The New York Times.ISSN 0362-4331. Retrieved2022-08-25.
  4. ^Stahl, Jeremy (2018-06-21)."The Government Needs to Correct the Record in the Supreme Court Travel-Ban Case".Slate Magazine. Retrieved2022-01-27.
  5. ^abcdefWeiner, Mark (March 11, 2017)."Oswego's Noel Francisco, Likely Solicitor General: Legal Star Never Forgot His Home".The Post-Standard. RetrievedJanuary 26, 2019.
  6. ^Weiner, Mark (September 25, 2017)."Senate Confirms Oswego Native Noel Francisco as Trump's Solicitor General".The Post-Standard. RetrievedJanuary 26, 2019.
  7. ^abcFrancisco, Noel (n.d.)."Questionnaire for Non-Judicial Nominees: Public"(PDF). United States Senate, Committee on the Judiciary. RetrievedJanuary 26, 2019.
  8. ^abcd"Meet the Solicitor General".United States Department of Justice. September 29, 2017. RetrievedJanuary 26, 2019.
  9. ^abcd"President Donald J. Trump Announces Key Administration Posts" (Press release).The White House, Office of the Press Secretary. March 7, 2017. RetrievedJanuary 26, 2019.
  10. ^Millbank, Dana (January 30, 2001)."White House Counsel Office Now Full of Clinton Legal Foes".The Washington Post. RetrievedJuly 2, 2017.
  11. ^"Executive Session, Senate – September 19, 2017, Statement of the Majority Leader, Mitch McConnell".Congressional Record, 115th Congress, 1st Session.163 (151):S5825 –S5826. September 19, 2017. RetrievedSeptember 24, 2017.
  12. ^de Vogue, Ariane; Merica, Dan (March 7, 2017)."Trump to nominate Noel Francisco as solicitor general".CNN. RetrievedMarch 8, 2017.
  13. ^"Written Statement of Noel Francisco", House of Representatives, The Committee on the Judiciary, Subcommittee on Courts, Commercial and Administrative Law. May 31, 2011. Retrieved April 28, 2017.
  14. ^Beavers, Olivia (7 March 2017)."Trump to nominate Noel Francisco for solicitor general".The Hill. RetrievedMarch 8, 2017.
  15. ^"Trump to nominate Francisco as advocate before Supreme Court: sources".Reuters. 7 March 2017.
  16. ^Barnes, Robert (March 8, 2017)."Trump nominates D.C. lawyer Noel Francisco as solicitor general".The Washington Post. RetrievedMarch 8, 2017.
  17. ^"Roll Call vote PN299".United States Senate. September 19, 2017. RetrievedSeptember 24, 2017.
  18. ^Bump, Philip (February 9, 2018)."Analysis | The No. 3 official at Justice is resigning. Here's how that affects Mueller".The Washington Post.ISSN 0190-8286. RetrievedFebruary 15, 2018.
  19. ^ab"CREW Discovers Previously Undisclosed Ethics Waiver for Solicitor General Noel Francisco".Citizens for Responsibility and Ethics in Washington. November 2, 2018.
  20. ^McGahn, Donald Francis (April 24, 2018)."Executive Order 13770 Waiver for Noel Francisco"(PDF). Archived fromthe original(PDF) on November 3, 2018. RetrievedNovember 3, 2018.
  21. ^"Solicitor General Noel Francisco Announces Departure from Department of Justice".Office of Public Affairs. United States Department of Justice. 17 June 2020. Retrieved17 June 2020.
  22. ^Wolf, Richard."Solicitor General Noel Francisco resigns after tumultuous years representing Trump at Supreme Court".USA TODAY. Gannett Co., Inc. Retrieved17 June 2020.
  23. ^ab"Solicitor General Noel Francisco, aggressive advocate for Trump, to step down".The Washington Post. 2020.
  24. ^abBenner, Katie (2020-06-11)."Solicitor General Noel Francisco Expected to Step Down".The New York Times.ISSN 0362-4331. Retrieved2020-06-26.
  25. ^Higgins, Tucker (2020-06-17)."Solicitor General Noel Francisco, who argued Trump positions before Supreme Court, leaving DOJ".CNBC. Retrieved2020-06-26.
  26. ^Entry for Noel Francisco, Board of Directors,The Lumen Christi. Retrieved March 9, 2017.

Public Domain This article incorporatespublic domain material fromMeet The Acting Solicitor General (Justice.gov).United States government.

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