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Beryl Howell

American federal judge (born 1956)

Beryl Howell

American federal judge (born 1956)

FieldValue
imageBeryl Howell (cropped).jpg
captionHowell in 2018
officeSenior Judge of the United States District Court for the District of Columbia
term_startFebruary 1, 2024
office1Chief Judge of the United States District Court for the District of Columbia
term_start1March 16, 2016
term_end1March 16, 2023
predecessor1Richard W. Roberts
successor1James Boasberg
office2Judge of the United States District Court for the District of Columbia
term_start2December 27, 2010
term_end2February 1, 2024
appointer2Barack Obama
predecessor2Paul L. Friedman
successor2Amir Ali
birth_date
birth_placeFort Benning, Georgia
educationBryn Mawr College (BA)
Columbia University (JD)
signatureBeryl A. Howell Signature.svg

| honorific-prefix = | honorific-suffix = Columbia University (JD) Beryl Alaine Howell (born December 3, 1956) is an American attorney and jurist who serves as a senior United States district judge of the U.S. District Court for the District of Columbia. She was appointed to the District of Columbia federal court in 2010 by President Barack Obama, and she served as its chief judge from 2016 to 2023. As chief judge, she supervised federal grand juries in the district, including for the Mueller special counsel investigation into Russian interference in the 2016 United States elections and investigations into attempts to overturn the 2020 United States presidential election.

Early life and education

Howell was born in 1956 in Fort Benning. She is the daughter of an U.S. Army officer. She attended elementary and secondary school in six states and Germany.

Howell graduated from Bryn Mawr College in 1978 with a Bachelor of Arts in philosophy with honors. From 1978 to 1980, Howell worked as a legal assistant at the law firm Shanley & Fisher (now part of Faegre Drinker). She then attended Columbia Law School, graduating in 1983 with a Juris Doctor as a Harlan Fiske Stone Scholar.

Career

After law school, Howell was a law clerk for Judge Dickinson R. Debevoise of the United States District Court for the District of New Jersey from 1983 to 1984. From 1985 to 1987, she was in private practice as an associate at the New York City law firm of Schulte Roth & Zabel.

From 1987 to 1993, Howell was an assistant United States attorney for the United States District Court for the Eastern District of New York, where she became deputy chief of the Narcotics section. From 1993 to 2003, Howell served on the staff of the United States Senate Committee on the Judiciary as a senior advisor to Chairman Patrick Leahy, including as the committee's general counsel starting in 1997.

While working for Senator Leahy, Howell helped craft the E-FOIA amendments, which expanded electronic access to government records. She also helped Sen. Leahy fend off proposals to impose new limits on the FOIA. In 2001, she was honored by the Coalition to Support and Expand the Freedom of Information Act, and in 2004, her FOIA work was honored by the Society of Professional Journalists.

Howell was involved in crafting numerous pieces of legislation for the investigation and prosecution of computer crime and copyright infringement, including the Anti-Cybersquatting Consumer Protection Act, the No Electronic Theft Act (NET Act), the Digital Millennium Copyright Act (DMCA), and the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999.

Howell was involved in national security issues, including the creation of the USA PATRIOT Act, which she defended in 2005 in an article for the Pennsylvania Bar Association Quarterly.

The Center for Democracy and Technology lists Howell as a "board alum".

From 2004 to 2010, she served as a member of the United States Sentencing Commission after being appointed by President George W. Bush.

Champion Award

In November 2023 at a meeting of the Women's White Collar Defense Association, Howell received the Champion Award for people who advance opportunities for women in "the white collar field". In her acceptance speech, she said: "My D.C. judicial colleagues and I regularly see the impact of big lies at the sentencing of hundreds, hundreds of individuals who have been convicted for offense conduct on Jan. 6, 2021, when they disrupted the certification of the 2020 presidential election at the U.S. Capitol." She also cited historian Heather Cox Richardson’s book, Democracy Awakening. The next month, Representative Elise Stefanik, a Republican from New York, filed a complaint of judicial misconduct in which she alleged that Howell's remarks were "conduct unbecoming of a federal judge".

Lobbying

From 2004 to 2009, Howell was executive vice president, and general counsel and, briefly, Universal Music Group.

In 2008, Howell served as a member of the Commission on Cybersecurity for the 44th Presidency, sponsored by bipartisan think tank Center for Strategic and International Studies.

Academic

Howell teaches legal ethics as an adjunct professor at the American University's Washington College of Law.

Federal judicial service

Howell presiding over a naturalization ceremony, 2016

On July 14, 2010, Howell was nominated by President Barack Obama to the United States district judge of the U.S. District Court for the District of Columbia seat being vacated by Judge Paul L. Friedman, who assumed senior status on December 31, 2009. She was confirmed by the U.S. Senate on December 22, 2010. She received her judicial commission on December 27, 2010. She served as the chief judge from March 17, 2016, to March 17, 2023. She assumed senior status on February 1, 2024. A 2015 analysis by Ravel Law found Howell to be the second most-cited district court judge appointed in the previous five years.

Notable decisions

In 2011, Harold Hodge Jr. stood outside the U.S. Supreme Court wearing a sign that protested the American government's treatment of black and Hispanic people. He did so in violation of a 1949 federal law that makes such protests a crime. Hodge sued the Marshal of the United States Supreme Court and the U.S. Attorney for the District of Columbia under the First Amendment. In a June 2013 decision, Howell struck down the law as violating the First Amendment's guarantee of free speech. The judge wrote, "The absolute prohibition on expressive activity in the statute is unreasonable, substantially overbroad and irreconcilable with the First Amendment." The defendants appealed the decision to the U.S. Court of Appeals for the District of Columbia, which reversed Howell's decision and reinstated the law as it applies to the Supreme Court Plaza and steps. Hodge v. Talkin, 799 F. 3d 1145 (D.C. Cir. 2015).

In 2018, Howell struck down a regulation of the Federal Election Commission allowing dark money groups, certain nonprofit organizations engaged in political activities, to conceal their donors. She wrote that the regulation "blatantly undercuts the congressional goal of fully disclosing the sources of money flowing into federal political campaigns, and thereby suppresses the benefits intended to accrue from disclosure." The Supreme Court later declined to review the decision.

In that same year, Howell became the supervising judge for the grand jury working for special counsel Robert Mueller's investigation into Russian interference in the 2016 United States elections. Justice Department attorneys had previously asserted that congressional investigators had "not yet exhausted [their] available discovery tools,” arguments Howell said "smack of farce," as the administration had openly stated it would stonewall the investigation.

In May 2025, Judge Howell issued a permanent injunction blocking the President Trumps executive order in its entirety; citing "No American president has ever before issued executive orders like the one at issue in this lawsuit targeting a prominent law firm with adverse actions to be executed by all executive branch agencies but in purpose and effect this action draws from a playbook as old as Shakespeare who penned the phrase "The first thing we do, let's kill all the lawyers"... The importance of independent lawyers to ensuring the American judicial systems fair and impartial administration of justice has been recognized in this country since its founding era in 1770... The instant case presents an unprecedented attack on these founding principles."

In December 2025, Howell limited warrantless immigration arrests in Washington D.C., ruling that ICE cannot make an arrest unless they have probable cause that the person is in the country illegally.

Personal life

Howell is married to Michael Rosenfeld, an executive producer at National Geographic Television & Film. They have three children.

Publications

  • Beryl Howell, "Lawyers on the Hook: Counsel’s Professional Responsibility to Provide Quality Assurance in Electronic Discovery", 2 J. Sec. L. Reg. & Compl. 216 (June 2009).
  • Beryl Howell, "Real World Problems of Virtual Crime, in Cybercrime: Digital Cops in a Networked Environment" (Jack M. Balkin et al., New York University Press 2007).
  • Beryl Howell & Dana J. Lesemann, "FISA’s Fruits in Criminal Cases: An Opportunity for Improved Accountability", 12 UCLA J. Intl. L. & For. Affairs 145 (Spring 2007).
  • Beryl A. Howell & Richard J. Wolf, "Rough Waters Ahead for E-discovery and the New Federal Rules of Civil Procedure," ACC Docket (January/February 2007).
  • Beryl Howell, "What You Need to Know About Digital Forensics," 28 Pa. Law. 32 (2006).
  • Beryl Howell, "Foreign Intelligence Surveillance Act: Has the Solution Become the Problem?", in Protecting What Matters: Technology, Security, and Liberty Since 9/11 (Clayton Northouse, Brookings Institution Press 2006).
  • Beryl Howell, "Perspectives on the USA PATRIOT Act" (Pennsylvania Bar Association Quarterly, January 2005).
  • Beryl Howell, "Seven Weeks: The Making of the USA Patriot Act", 72 Geo. Wash. L. Rev. 1145 (2004).
  • Beryl Howell & Eric Friedberg, 21st Century Forensics: Searching for the "Smoking Gun" in Computer Hard Drives," 37 Prosecutor 18 (2003).

References

References

  1. Neuborne, Burt. (November 29, 2018). "Trump may fire Mueller, but he can't fire Mueller's grand jury".
  2. (March 13, 2023). "Gavel to Pass to New Chief Judge Overseeing Grand Jury in Trump Inquiry". The New York TImes.
  3. Hsu, Spencer. (September 26, 2016). "This judge just released 200 secret government surveillance requests". Washington Post.
  4. (July 14, 2010). "President Obama Names Five to United States District Court". The White House.
  5. {{FJC Bio
  6. Anderson, Nate. (March 28, 2011). "RIAA lobbyist becomes federal judge, rules on file-sharing cases". [[Ars Technica]].
  7. (October 2003). "Practicing at the Intersection of Law, Policy and Technology". [[Bryn Mawr College]].
  8. "Stroz Friedberg LLC – Professionals – Howell, Beryl A.". Stroz Friedberg, LLC.
  9. "Staff". [[Center for Democracy and Technology]].
  10. "Awards Program - Women's White Collar Defense Association".
  11. (November 30, 2023). "2023 WWCDA Awards Gala Full Video". YouTube.
  12. Rajkumar, Shruti. (2023-12-16). "Rep. Elise Stefanik Lodges Complaint Against Judge Who Oversaw Jan. 6, Trump Cases".
  13. "Revolving Door: Beryl A Howell Employment Summary – OpenSecrets".
  14. [https://www.eff.org/deeplinks/2012/11/us-copyright-surveillance-machine-about-be-switched-on U.S. Copyright Surveillance Machine About To Be Switched On, Promises of Transparency Already Broken], [[Electronic Frontier Foundation]], November 15, 2012.
  15. "Beryl Howell". [[Center for Democracy and Technology]].
  16. at Stroz Friedberg, a global digital risk management and investigations firm. Howell's work at Stroz Friedberg included [[lobbying]] on behalf of the [[Recording Industry Association of America]],RIAA lobbying data (public record) as published by OpenSecrets.org for [http://www.opensecrets.org/lobby/clientsum.php?id=D000000581&year=2004 2004], [http://www.opensecrets.org/lobby/clientsum.php?id=D000000581&year=2005 2005], [http://www.opensecrets.org/lobby/clientsum.php?id=D000000581&year=2006 2006], [http://www.opensecrets.org/lobby/clientsum.php?id=D000000581&year=2007 2007], [http://www.opensecrets.org/lobby/clientsum.php?id=D000000581&year=2008 2008], and [http://www.opensecrets.org/lobby/clientsum.php?id=D000000581&year=2009 2009].
  17. Stroz Frieberg lobbying data (public record) as published by OpenSecrets.org for [http://www.opensecrets.org/lobby/firmlbs.php?id=F27199&year=2004 2004], [http://www.opensecrets.org/lobby/firmlbs.php?id=F27199&year=2005 2005], [http://www.opensecrets.org/lobby/firmlbs.php?id=F27199&year=2006 2006], [http://www.opensecrets.org/lobby/firmlbs.php?id=F27199&year=2007 2007], and [http://www.opensecrets.org/lobby/firmlbs.php?id=F27199&year=2008 2008].
  18. (July 28, 2010). "Statement Of Senator Patrick Leahy (D-Vt.), Chairman, Senate Judiciary Committee, On The Nomination Of Beryl Howell To Be A United States District Court Judge For The District Of Columbia".
  19. "The Honorable Beryl Howell : Adjunct Professor of Law". American University Washington College of Law.
  20. (July 14, 2010). "Presidential Nominations and Withdrawal Sent to the Senate, 7/14/10". The White House.
  21. Kassam, Kerry. (April 23, 2015). "Judging The Judges: Who Are the Most-Cited New Jurists On The Federal Bench?". Above the Law.
  22. (June 13, 2013). "Supreme Court Issues New Rule Barring Protests on Plaza". New York Times.
  23. "Protester challenges Supreme Court speech-free zone". Watchdog.org.
  24. (August 4, 2018). "Judge's ruling invalidates FEC regulation allowing anonymous donations to 'dark money' groups". Politico.
  25. (September 18, 2018). "Political nonprofits must now name many of their donors under federal court ruling after Supreme Court declines to intervene". Washington Post.
  26. (October 25, 2019). "Impeachment Inquiry Is Legal, Judge Rules, Giving Democrats a Victory". The New York Times.
  27. (October 25, 2019). "Federal Judge Calls Trump Admin's Legal Arguments a 'Farce' in Order Filled with Jabs at DOJ Attorneys".
  28. (May 2, 2025). "Judge permanently blocks Trump's executive order targeting Democratic-tied law firm Perkins Coie | CNN Politics".
  29. "The ruling against Trump's law firm order shows how to respond in this moment".
  30. https://www.washingtonpost.com/politics/2025/05/02/trump-perkins-coie-law-firms-lawsuit/ {{Bare URL inline. (August 2025)
  31. (May 5, 2025). "A judge used Trump's own words to expose his real agenda".
  32. "Judge strikes down Trump's executive order targeting law firm Perkins Coie".
  33. (April 25, 2025). "A Reporter's Notes of the April 23 Perkins Coie Hearing". Lawfare.
  34. (2025-12-02). "Judge limits warrantless immigration arrests in DC".
  35. Howell, Beryl. "Perspectives on the USA PATRIOT Act".
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