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Michael W. Mosman

From Wikipedia, the free encyclopedia
American judge (born 1956)
Michael W. Mosman
Senior Judge of theUnited States District Court for the District of Oregon
Assumed office
December 27, 2021
Chief Judge of theUnited 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 theUnited States Foreign Intelligence Surveillance Court
In office
May 4, 2013 – May 3, 2020
Appointed byJohn Roberts
Preceded byRoger Vinson
Succeeded byLiam O'Grady
Judge of theUnited States District Court for the District of Oregon
In office
September 26, 2003 – December 27, 2021
Appointed byGeorge W. Bush
Preceded byRobert E. Jones
Succeeded byAdrienne Nelson
United States Attorney for theDistrict of Oregon
In office
2001–2003
PresidentGeorge W. Bush
Preceded byKristine Olson
Succeeded byKarin Immergut
Personal details
BornMichael Wise Mosman
1956 (age 68–69)
Alma materRicks College (AB)
Utah State University (BS)
Brigham Young University (JD)

Michael Wise Mosman (born 1956) is aseniorUnited States district judge of theUnited 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 theFISA Court from May 4, 2013, to May 3, 2020.[2] He previously served as theUnited States attorney for the same district.

Early life and education

[edit]

Michael Mosman was born in theWillamette Valley ofOregon in 1956 in the city ofEugene.[3] He grew up inLewiston,Idaho, the son of an attorney and judge with an older sister and three younger brothers.[4] He attendedRicks College in Idaho, which is nowBrigham Young University–Idaho.[3] He graduated with anArtium Baccalaureus degree in 1979 before attendingUtah State University inLogan,Utah. At Utah State he graduated with aBachelor of Science degree in 1981,[3] and was thevaledictorian of his class.[4] Mosman then went on tolaw school atBrigham Young University'sJ. Reuben Clark Law School. He graduated there in 1984 with aJuris Doctor.[3] At BYU he was the editor of the law review, and graduated magna cum laude.[4]

Career

[edit]

In 1984, Mosman clerked forMalcolm Richard Wilkey, judge on theUnited 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 (nowPillsbury Winthrop Shaw Pittman).[5] Mosman then was a clerk for JusticeLewis F. Powell of theSupreme Court of the United States.[3] While clerking for Powell, he was involved in the justice's voting to upholdGeorgia's sodomy law inBowers v. Hardwick, writing, in a memorandum to the Justice:

"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."[6]

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

United States attorney

[edit]

In 1988, he began working as anassistant 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 replacedKristine Olson Rogers who had resigned.[7]

Federal judicial service

[edit]

On May 8, 2003, PresidentGeorge W. Bush nominated Mosman to serve asUnited States district judge of theUnited States District Court for the District of Oregon to the seat vacated byRobert E. Jones, who assumedsenior status on May 1, 2000.[3] SenatorsRon Wyden andGordon 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] On September 25, 2003, he was confirmed by theUnited States Senate by a 93–0 vote.[8] He received his commission on September 26, 2003.[3] He served as Chief Judge for approximately 4 years from February 1, 2016, to December 23, 2019.[1] He assumedsenior status on December 27, 2021.[3]

Foreign Intelligence Surveillance Court & Alien Terrorist Removal Court

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He served a full 7-year term as a Judge of theUnited States Foreign Intelligence Surveillance Court from May 2013 to May 2020. He served as a judge of theAlien Terrorist Removal Court from 2018 to 2023.[3]

Notable cases

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Lemons v. Bradbury

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On February 1, 2008, inLemons v. Bradbury, Mosman dismissed the lawsuit and lifted an injunction againstOregon's new civil union law.[9] Mosman had issued the temporary injunction in December 2007 to preventOregon's new civil union law from taking effect in January.[10] 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 theOregon Legislative Assembly.[11] The legal issue centered on how theOregon Secretary of State verified signatures on petitions.[10]

Carter Page Warrant

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In 2017, Mosman approved renewal of aFISA Court warrant forCarter Page, a former adviser to the2016 Trump Campaign. In July 2018, the warrant application was released publicly, marking the first time FISA warrant application materials were made public.[12] The heavily redacted, 412-page application cites many sources, including confidential informants.[13] Among those many sources, the application cites theSteele dossier, leading a legal commentator to criticize the basis of the warrant.[14]

Kawhi Leonard v. Nike Inc

[edit]

In April, 2020, Mosman grantedNike's motion dismissingKawhi 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."[15]

Oregon restraining order against Department of Homeland Security (2020)

[edit]

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 inPortland without probable cause.[16]

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".[17]

Miss America

[edit]

In 2021, Mosman dismissed a lawsuit challenging theMiss United States of America pageant's rules that dictate that their contestants be “natural females.”[18]

Recognition

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  • In 2018, 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, Mosman gave a talk on conflict and confrontation in the law[20]

Personal life

[edit]

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

See also

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References

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  1. ^abChief Judge Transition
  2. ^"The Foreign Intelligence Surveillance Court: 2013 Membership".Federation of American Scientists. RetrievedJune 9, 2013.
  3. ^abcdefghijklmMichael W. Mosman at theBiographical Directory of Federal Judges, a publication of theFederal Judicial Center.
  4. ^abcdeCannon, Mark W.Record Six New LDS Federal Judges Appointed.Archived 2007-12-24 at theWayback MachineMeridian Magazine. Retrieved on February 9, 2008.
  5. ^abcHearings Before the Committee on the Judiciary United States Senate One Hundred Eighth Congress
  6. ^Harcourt, Bernard E. (2004)."Foreword: "You Are Entering a Gay and Lesbian Free Zone": On the Radical Dissents of Justice Scalia and Other (Post-)Queers [Raising Questions about Lawrence, Sex Wars, and the Criminal Law]".Journal of Criminal Law and Criminology.94 (3):544–546. RetrievedOctober 2, 2025.
  7. ^"Nominations Sent to the Senate".White House Press Releases. September 5, 2001.
  8. ^On the Nomination (Confirmation Michael W. Mosman, Of Oregon, To Be U.S. District Judge)
  9. ^Green, Ashbel S. Civil unions get the nod in Oregon.The Oregonian, February 2, 2008.
  10. ^abBeck, Byron.Domestic Partner Decision: Revisiting Old Wounds?Willamette Week, December 31, 2007.
  11. ^Pardington, Suzanne. Judge halts civil-unions law.The Oregonian, December 29, 2007.
  12. ^Savage, Charlie (July 21, 2018)."Carter Page FISA Documents Are Released by Justice Department".The New York Times. Retrieved2018-07-24.
  13. ^FISA Application for Warrant for Carter Page
  14. ^"FISA Applications Confirm: The FBI Relied on the Unverified Steele Dossier".National Review. 2018-07-23. Retrieved2018-07-24.
  15. ^Kawhi Leonard told to keep his hands off Nike's logo
  16. ^Wilson, Conrad; VanderHart, Dirk; Powell, Meerah."Oregon Department Of Justice Sues Federal Agencies Over Protest Enforcement".Oregon Public Broadcasting. Retrieved25 July 2020.
  17. ^Treisman, Rachel (24 July 2020)."Judge Denies Oregon's Request For Restraining Order Against Federal Officers".NPR. National Public Radio. Retrieved25 July 2020.
  18. ^"Court allows Miss United States of America pageant to exclude transgender women". 26 February 2021.
  19. ^"5 Keys on "How Not to be Stupid" from Judge Michael Mosman | JDtoBe, the Official Blog of BYU Law School".
  20. ^"Spirit in the Law by Judge Michael Mosman – BYU J. Reuben Clark Law School".

External links

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Preceded byUnited States Attorney for theDistrict of Oregon
2001–2003
Succeeded by
Preceded byJudge of theUnited States District Court for the District of Oregon
2003–2021
Succeeded by
Preceded byChief Judge of theUnited States District Court for the District of Oregon
2016–2019
Succeeded by
Preceded byJudge of theUnited States Foreign Intelligence Surveillance Court
2013–2020
Succeeded by
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