Michael W. Mosman

Early life and education

Michael Mosman was born in the Willamette Valley of Oregon in 1956 in the city of Eugene. Mosman then went on to law school at Brigham Young University's J. Reuben Clark Law School. He graduated there in 1984 with a Juris Doctor. At BYU he was the editor of the law review, and graduated magna cum laude.

Career

In 1984, Mosman clerked for Malcolm Richard Wilkey, judge on the United States Court of Appeals for the District of Columbia Circuit. The following year he entered private legal practice for part of 1985 as an associate at Shaw, Pittman, Potts & Trowbridge (now Pillsbury Winthrop Shaw Pittman). Mosman then was a clerk for Justice Lewis F. Powell of the Supreme Court of the United States. While clerking for Powell, he was involved in the justice's voting to uphold Georgia's sodomy law in Bowers 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."

After leaving Powell's employ, Mosman entered private practice in Portland, Oregon, in 1986 at Miller Nash (now Miller Nash Graham & Dunn).

United States attorney

In 1988, he began working as an assistant United States attorney for the District of Oregon, remaining until 2001.

Federal judicial service

On May 8, 2003, President George W. Bush nominated Mosman to serve as United States district judge of the United States District Court for the District of Oregon to the seat vacated by Robert E. Jones, who assumed senior status on May 1, 2000. On September 25, 2003, he was confirmed by the United States Senate by a 93–0 vote. He received his commission on September 26, 2003. He served as Chief Judge for approximately 4 years from February 1, 2016, to December 23, 2019. He assumed senior status on December 27, 2021.

Foreign Intelligence Surveillance Court & Alien Terrorist Removal Court

He served a full 7-year term as a Judge of the United States Foreign Intelligence Surveillance Court from May 2013 to May 2020. He served as a judge of the Alien Terrorist Removal Court from 2018 to 2023.

Notable cases

Lemons v. Bradbury

On February 1, 2008, in Lemons v. Bradbury, Mosman dismissed the lawsuit and lifted an injunction against Oregon's new civil union law. Mosman had issued the temporary injunction in December 2007 to prevent Oregon's new civil union law from taking effect in January. 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 the Oregon Legislative Assembly. The legal issue centered on how the Oregon Secretary of State verified signatures on petitions.

Carter Page Warrant

In 2017, Mosman approved renewal of a FISA Court warrant for Carter Page, a former adviser to the 2016 Trump Campaign. In July 2018, the warrant application was released publicly, marking the first time FISA warrant application materials were made public. The heavily redacted, 412-page application cites many sources, including confidential informants. Among those many sources, the application cites the Steele dossier, leading a legal commentator to criticize the basis of the warrant.

Kawhi Leonard v. Nike Inc

In April, 2020, Mosman granted Nike's motion dismissing Kawhi 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."

Oregon restraining order against Department of Homeland Security (2020)

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 in Portland without probable cause.

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".

Miss America

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

Recognition

• In 2018, Mosman received the Alumni Achievement Award from BYU's J. Reuben Clark Law School, 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

Personal life

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

References

References

1. "The Foreign Intelligence Surveillance Court: 2013 Membership". [[Federation of American Scientists]].
2. He grew up in [[Lewiston, Idaho. Artium Baccalaureus]] degree in 1979 before attending [[Utah State University]] in [[Logan, Utah. link. (2007-12-24 ''Meridian Magazine''. Retrieved on February 9, 2008.)
3. (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.
4. [https://www.senate.gov/legislative/LIS/roll_call_votes/vote1081/vote_108_1_00367.htm On the Nomination (Confirmation Michael W. Mosman, Of Oregon, To Be U.S. District Judge)]
5. {{FJC Bio
6. [https://web.archive.org/web/20191223171821/https://ord.uscourts.gov/index.php/announcements/2055-chief-judge-transition Chief Judge Transition]
7. Green, Ashbel S. Civil unions get the nod in Oregon. ''[[The Oregonian]]'', February 2, 2008.
8. [[Byron Beck (blogger). Beck, Byron]]. [https://wayback.archive-it.org/all/20131021184713/http://www.wweek.com/portland/blog-9252-domestic_partner_decision_revisiting_old_wounds.html Domestic Partner Decision: Revisiting Old Wounds?] ''[[Willamette Week]]'', December 31, 2007.
9. Pardington, Suzanne. Judge halts civil-unions law. ''[[The Oregonian]]'', December 29, 2007.
10. Savage, Charlie. (July 21, 2018). "Carter Page FISA Documents Are Released by Justice Department". The New York Times.
11. [https://int.nyt.com/data/documenthelper/95-carter-page-fisa-documents-foia-release/full/optimized.pdf FISA Application for Warrant for Carter Page]
12. (2018-07-23). "FISA Applications Confirm: The FBI Relied on the Unverified Steele Dossier". National Review.
13. [https://www.jdsupra.com/legalnews/kawhi-leonard-told-to-keep-his-hands-25052/ Kawhi Leonard told to keep his hands off Nike's logo]
14. "Oregon Department Of Justice Sues Federal Agencies Over Protest Enforcement". Oregon Public Broadcasting.
15. (24 July 2020). "Judge Denies Oregon's Request For Restraining Order Against Federal Officers". National Public Radio.
16. (26 February 2021). "Court allows Miss United States of America pageant to exclude transgender women".
17. "5 Keys on "How Not to be Stupid" from Judge Michael Mosman | JDtoBe, the Official Blog of BYU Law School".
18. "Spirit in the Law by Judge Michael Mosman – BYU J. Reuben Clark Law School".