• DENVER Holme Roberts & Owen UJ> Allomtyi al Lam January 12, 2006 VIA FACSIMILE 202-456-2461 and FEDERAL EXPRESS BOULDER COLORADO SPRINGS Harriet E. Miers Counsel to the President The White House 1600 Pennsylvania A venue, NW Washington, DC 20500 Re: LONDON LOS ANGELES MUNICH SALT LAKE CITY Neil M. Gorsuch Dear Ms. Miers: I am writing at the request of Philip F. Anschutz to suggest that the President consider nominating Neil M . Gorsuch to fill the vacancy on the Tenth Circuit Court of Appeals arising from the retirement of Judge David M. Ebel. Mr. Anschutz spoke with Senator Allard about Neil Gorsuch, and Senator Allard suggested that we pass along Mr. Gorsuch' s resume to you. Accordingly, enclosed for your consideration is a copy of Mr. Gorsuch's resume and a brief summary of his qualifications. I have had the pleasure of knowing Mr. Gorsuch for several years, as we worked closely together on several complex federal cases. I have found Mr. Gorsuch to be an exceptional ly talented lawyer. His Colorado roots, his intellect, his writing ability, his credentials and his extensive federal court trial and appellate experience eminently qualify him to serve on the Tenth Circuit. Thank you for considering this request. If you have any questions, please do not hesitate to call. SAN FRANCISCO , ~~-------­ ruce F. Black BFB:jad Enclosures Bruce F. Black 303.866.0471 bruce.black@hro.com 1700 Lincoln Street, Suite 4100 Denver, Colorado 80203-4541 tel 303.861 .7000 fax 303.866.0200 #1137128 vi Neil Gorsuch - Colorado ties: . eFourth generation Colorado native; born raised in Denver, 1 -Mother, Anne Gorsuch Burford, in ColOrado legislature before joining Reagan administration as Administrator of EPA. . - i -Large extended family in Colorado, grandfather and father _f0un_ded_Gorsuch Kirgis-?law -Neil has been politically aetive in Republican party both in Colorado andDC. Neil was a? member of theteam of lawyers who volunteered to respond to vote" integrity issues in the last eleCtion. Education: - -Harvard Law School, .D. 1991, cum laude -Oxford University, D. Philosophy in legal philosophy -'Coli1mbia University, BA. 1988' Experience: -US Department of Justice, principal deputy to Associate Attorney General (antitrust, tax, civil, ?l 'i civil rights, environmental, national security) 6/05 present - . -- i -Kellogg, Huber Hansen, Todd, Evans Figel, "Extensive federal cou litigation eXperience in antitrust and securities, as well as general commercial litigatiOn. a . I -Supreme Court of the United States, law clerk to justices Byron?R. White and Anthony-M. 7 Kennedy, 1993-94?United States Court of Appeals, DC. Circuit, law clerk to JudgeDavidB. sentelle, 1991-92. COmments: Neil- has Very extensive experience cases in federal court, impeccable credentials and 7 - deep Colorado roots EXPERIENCE . EDUCATION NEIL M. GORSUCH UNITED STATES DEPARTMENT JUSTICE, WashingtOn, D.C. - Principal Deputy to the Associate AttorneyGeneral, June 2005-present. Assist the Department?s number three of?cer in managing the Justice Department?s civil justice comp6nents, including the Antitrust, Tax, Civil, Civil Rights, and Environment and Natural - Resources divisions. Responsible for advising the Attorney General and Associate Attorney General on civil justice, federal and local law enforcement, and public safety matters, including the oversight and management of the Department?s terrorism and national security-related litigation. 1 - . . KELLOGG, HUBER, HANSEN, TODD, EVANS FIGEL, Washington, DC. 7 Partner, 1998-May 2005; Associate, 1995-1997. . Representativematters included: Conwood v. UST (trial and appeal leading to the largest affirmed private judgment in the history of federal antitrust laws, as of 2002); Z-Tel CommunicatiOns v. SBC Communications (defended SBC in an antitrust and RICO Suit brought by a rival seeking damages of over $1 billion); Twombly v. SBC Communications I (successful defense of putative nationwide antitrust class actions); AutoMall v. American Express (lead trial counsel for American Express in a $78 million dispute); NCRIC Inc. v. Columbia Hospital for Women (lead trial counsel for defendant hospital in which claims against it were rejected and the hospital won an $18.2 million counterclaim judgment); Zachair Ltd. v. Driggs Corp. (lead trial counsel for plaintiff in $4 million abuse of process and tortious interference suit); In re Qwest Communications International, Inc. Securities Litigation (defended company directors in securities fraud litigation brought in federal and multiple state courts); Teachers Retirement System of Louisiana v. Regal Entertainment (defeated derivative suit challenging a $710 million restructuring); Dura Pharmaceuticals v. Broudo (represented US. Chamber of Commerce insecurities fraud dispute before the US. Supreme Court); - . v. Vacco and Washington v. Glucksberg (represented amicus American Hospital AssOciation in US. Supreme Court right-to-die cases); Felzen v. ADM and Devlin v. Scardellitti (represented Council for Institutional Investors in US. Supreme Court cases concerning the rights of objecting shareholders in class action and derivative suit settlements); Lentell v.'Merri11 - (securities fraud dispute before the Second Circuit; Sercenco v. General Electric (successful defense of GB in Foreign Corrupt Practices Act claims); Ashley v. Coopers varand (represented founder of Laura Ashley in a fraud suit against his former management consulting ?rm; settled during trial on undisclosed terms); Goff v. Bickerstaff Ford Motor Company (successful defense of RICO suit); Chance UST (successful antitrust class action). SUPREME COURT OF THE UNITED STATES, Washington D.C. - I Law clerk to Justice Byron R. White (Retired), and Justice Anthony M. Kennedy, 1993-94. UNITED STATES COURT OF APPEALS, D.C. CIRCUIT, Washington, Law. clerk to US. Circuit Judge David B. Sentelle, 1991-92. A. - - OXFORD UNIVERSITY, Oxford, England. D.Phil. in legal philosophy. British Marshall Scholar. - - Book based on dissertation to be published in by Princeton Univ. Press in 2006. HARVARD LAW SCHOOL, Cambridge, MA. JD. 1991 cum laude. - . I Harry S. Truman scholar (100 scholars chosen annually by_U.S. Government) Harvard oumal of Law Public Policy, Senior Editor. - Head Teaching Fellow, political philosophy course at Harvard College. Represented indigent criminal defendants in Boston courts. COLUMBIA UNIVERSITY, New York, NY. BA. 1988, Political Science, with honors (G.P.A. 3.95). Phi Beta Kappa, early selection (top 1% of class). Elected Class Marshal by faculty. ?Nachems senior honor society; Graduated in three years. 7 7 Founded and edited student newspaper; columnist for competing daily neWspaper. 0 . PUBLICATIONS Assisted Suicide and Euthanasia: An Argument Against Legalization (book forthcoming frOm Princeton University Press, 2006); Ensuring Class Action Fairness, Federal Trade Commission Class Action Workshop (Sept. 2004); Justice White and Judicial Excellence, distributed nationally by UPI (May 2002); The Legalization of Assisted Suicide and the Law of Unintended Consequences, 2004 Wisconsin Law Review 1347; TheRight toAssisted Suicide and Euthanasia, 23 Harvard Journal of Law and SPEECHES ASSOCIATIONS BAR MEMBERSHIPS PERSONAL Public Policy 599(2000); Liberals and Lawsuits, National Review Online (Feb. 2005). Co-auth?or: a Loss No Gain, The Legal Times (2005) (concerning securities-fraud lawsuits); Settlements in Securities Fraud Class Actions: Improving Investor Protections, WashingtOn Legal Fomidation (April 2005) and reprinted in Andrews Class ActionLitigation Reporter (August 2005); Will-the Gentlemen Please Yield? A Defense of the Constitutionality of State?Imposed Term Limits, 20 Hofstra Law Review 341 (1991) and reprinted in Policy Analysis on Term Limits, Cato Institute Policy Analysis No. 178 (1992); The Constitutional Case for Term Limits, Wall Street Journal (Nov. 1992). . Presentations include before: Washington, DC. Bar Association, Wisconsin Bar Association, Federal Trade Commission workshop, National White Collar Crime Center, American AsSociation'for the Advancement Of Science, Common Good, Prime Time Radio, British Marshall Scholarship Commission, various gatherings of US. Department of Justice employees. Term Member, Council on Foreign Relations; Harry S. Truman Scholarship 2006 Selection Cemmittee; Columbia University Alumni Representative Committee; American Bar Association, Litigation and Antitrust sections. National high school debate champion. Listed in Who's Who in America, Who?s rWho in American Law. .- . - . Colorado; WaIShington, New York; US. Supreme Court; US. Courts or Appeals for the second, - Third, Fourth, Sixth, and Tenth Circuits; US. District Courts for the Districts of Colorado, washington, D.C., Southern District of New York, Eastern District of New York. - Married; two daughters. I - . I ?inmmemsuxtg?uv?5 U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT INTERVIEW (HARRIET MIER'S OFFICE) DATE: Thursday, February 2, 2006 TIME: 2:00 P.M. ATTENDING: Neil Gorsuch Harriet Miers Leslie Fahrenkopf BACKGROUND: Neil Gorsuch of the Department of Justice is interviewing for the U.S. Court of Appeals for the Tenth Circuit. There is a resume included. CONTACT: Heather Roebke 6-5081 Daily Schedule for Bill Kelley Thursday, February 2, 2006 (as of 2/01/06, 7:30 p.m.) 8:15 a.m. (30 min) Counsel's Office Staff Meeting HM's Office 8:45 a.m. (2 hr, 15 min) Office Time WKK's Office 11:00 a.m. (1 hr) NEC Deputies: Entitlement Commission EEOB 160 12:00 p.m. (2 hr) Office Time WKK's Office 2:00 p.m. (45 min) 10th Circuit Interview - Neil Gorsuch HM's Office 2:45 p.m. (3 hr, 15 min) Office Time WKK's Office 6:00 p.m. (30 min) Daily Conference Call on NSA issues WKK's Office 6:30 p.m. Office Time (Rest of the day) WKK's Office March 16, 2006 MEMORANDUM FOR THE PRESIDENT FROM: HARRIET MIERS SUBJECT: JUDICIAL SELECTION The White House Judicial Selection Committee and I recommend that you approve for possible nomination to the Senate the following individual: Neil M. Gorsuch, of Virginia, to be United States Circuit Judge for the Tenth Circuit, vice David M. Ebel, retired. Upon your approval all necessary clearances will be initiated. An announcement of intention to nominate will be made as soon as the clearances have been obtained. Nomination to the Senate will be forwarded immediately following the announcement. APPROVE: ________________________ DISAPPROVE: ___________________________ May 04, 2006 MEMORANDUM FOR THE PRESIDENT THROUGH: THE EXECUTIVE CLERK FROM: HARRIET MIERS SUBJECT: JUDICIAL NOMINATION Attached for your signature is the nomination of the following individual: Neil M. Gorsuch, of Virginia, to be United States Circuit Judge for the Tenth Circuit, vice David M. Ebel, retired. You approved this nomination on March 16, 2006. All necessary clearances have been completed.