Лоуренс Сильберман: Американ судьясы мен дипломатының өмірі мен қызметі

American judge (1935–2022)

Laurence Hirsch Silberman (October 12, 1935 – October 2, 2022) was an American jurist and diplomat who served as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit from 1985 until his death. He was appointed in October 1985 by President Ronald Reagan and took senior status on November 1, 2000. On June 11, 2008, President George W. Bush awarded Silberman the Presidential Medal of Freedom.

Silberman was born in 1935 to a Jewish family in York, Pennsylvania. He graduated from Dartmouth College with a Bachelor of Arts in history in 1957. After serving six months of active duty in the US Army (five and a half years in reserve), he attended Harvard Law School and graduated in 1961 with a Bachelor of Laws degree.

Silberman worked as a partner at the law firms Moore, Silberman & Schulze in Honolulu and Morrison & Foerster and Steptoe & Johnson in Washington, D. C. He also served as Executive Vice President of Crocker National Bank in San Francisco. He also worked as an attorney in the National Labor Relations Board's appellate section, as Solicitor of Labor from 1969 to 1970, and as Undersecretary of Labor from 1970 to 1973. As Solicitor, he was largely responsible for developing the requirement of goals and timetables as an enforcement device for the affirmative action order. He subsequently regretted his stance and wrote, "Our use of numerical standards in pursuit of equal opportunity has led to the very quotas guaranteeing equal results that we initially wished to avoid." He also led the development of legislation to implement "final offer selection" as a means of resolving labor disputes. As Undersecretary, he repeatedly clashed with Charles "Chuck" Colson and tendered his resignation to compel the hiring of a black regional director in New York in 1972. President Richard Nixon nominated Silberman to be Deputy Attorney General of the United States in January 1974. Silberman was tasked with reviewing J. Edgar Hoover's secret files, which he described as "the single worst experience of my long governmental service." Silberman stated that "this country – and the Federal Bureau of Investigation – would be well served if [Hoover's] name were removed from the bureau's building. It is as if the Defense Department were named for Aaron Burr. Liberals and conservatives should unite to support legislation to accomplish this repudiation of a very sad chapter in American history." Silberman also served briefly as Acting Attorney General during the Watergate crisis. Silberman's resignation was accepted by President Gerald Ford, pending the confirmation of his successor. Ford nominated Silberman as ambassador to Yugoslavia in April 1975. He served in the role until he resigned during the presidential transition of Jimmy Carter. At the same time, Silberman also served as the Presidential Special Envoy for International Labor Organization Affairs. As ambassador, he succeeded in freeing an American who had been falsely imprisoned by the regime as a CIA agent, by putting pressure on both the Yugoslav regime and the State Department. During the campaign for the 1980 presidential election, he was co chairman of Ronald Reagan's foreign policy advisors. From 1981 to 1985, he served as a member of the General Advisory Committee on Arms Control and Disarmament and the Defense Policy Board. In total, Silberman has held six Senate confirmed positions and never received a dissenting vote.

Silberman was nominated by President Ronald Reagan on September 11, 1985, to the United States Court of Appeals for the District of Columbia Circuit, to a new seat created by 98 Stat. 333. He was confirmed by the United States Senate on October 25, 1985, and received commission on October 28, 1985. He assumed senior status on November 1, 2000. However, after the rejection of Robert Bork with whom Silberman had served on the District of Columbia Circuit, he was regarded as controversial. Unlike fellow conservatives Pasco Bowman II and John Clifford Wallace, Silberman even drew some opposition from Republican senators because although he was a judicial conservative and thus was likely against Roe v. Wade as a legal matter, he was thought to be personally pro choice. Meanwhile, some criticized him for having an explosive temper while he was Deputy Attorney General, and at the same time, others noted that "he expect[ed] people to pound the table and shout right back" and uniquely possessed "the interest, talent and capacity for administration." It was also reported Silberman faced criticism over legal issues arising from his time at Crocker National Bank at which he had been executive vice president between 1979 and 1983, but that appears to have been pretextual given the FBI had cleared him of any wrongdoing and he had since been confirmed to the D. C. Circuit unanimously. In 2008, Silberman, joined by five other senior judges, initiated a suit against the United States, "claiming that when Congress refused to authorize statutory cost of living raises for federal judges, it violated the Compensation Clause [of the Constitution]". The Federal Judges Association opposed bringing the suit. In 2015, Silberman wrote an op ed in the Wall Street Journal, writing that the charge that "President Bush deceived the American people about the threat from Saddam" reminded him of "a similarly baseless accusation that helped the Nazis come to power in Germany." In October 2021, Silberman won the first annual Justice Clarence Thomas First Principles Award for his judicial service. The Wall Street Journal editorial board called him "one of the all time giants of the federal bench" and perhaps "the most influential judge never to have sat on the Supreme Court."

On March 17, 2022, several news outlets published an email that Silberman had sent to all Article III federal judges regarding a protest at Yale Law School. In the email, Silberman suggested that students who disrupted a Federalist Society event by shouting down a speaker should be barred from consideration for potential clerkships because they clearly do not respect free speech principles. The panel discussion, which focused on remedies for First Amendment violations, featured Monica Miller, the legal director of the American Humanist Association, and Kristen Waggoner, general counsel for Alliance Defending Freedom. Silberman's characterization of the event was criticized by some and praised by others.

Silberman was a lecturer at the University of Hawaiʻi from 1962 to 1963. He was an adjunct professor of Administrative Law at Georgetown University Law Center from 1987 to 1994 and from 1997 to 1999, at NYU from 1995 to 1996, and at Harvard in 1998. He held the position of Distinguished Visitor from the Judiciary at Georgetown University Law Center from 2000 to 2019 and taught both administrative law and labor law. Silberman received the Charles Fahy Distinguished Adjunct Professor Award for the 2002–2003 academic year. He has also received a Lifetime Service Award (2006) and a Distinguished Service Award (2007) from the Federalist Society chapters of Georgetown and Harvard, respectively.