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John G. Malcolm

Director, Edwin Meese III Center for Legal and Judicial Studies, and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, The Heritage Foundation

John is the Director of the Edwin Meese III Center for Legal and Judicial Studies & the Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow at The Heritage Foundation, where he writes and speaks on a variety of law-related topics.

An honors graduate from Columbia College and Harvard Law School, John Malcolm clerked for federal judges in the Northern District of Georgia and on the Eleventh Circuit Court of Appeals. 

From 1990 to 1997, John served as an Assistant United States Attorney in Atlanta, Georgia, where he was assigned to the fraud and public corruption section, and as an Associate Independent Counsel in Washington, D.C., where he investigated fraud and abuse at the Department of Housing and Urban Development.  John received numerous awards, including the Director’s Award for Superior Performance by an Assistant United States Attorney.  Between 1997 and August 2001, John was a partner in his own firm. 

From August 2001 until March 2004, John was a Deputy Assistant Attorney General in the Criminal Division of the Department of Justice.  From March 2004 through 2009, John was an Executive Vice President and Director of Worldwide Anti-Piracy Operations for the Motion Picture Association of America.  John then served on the faculty of Pepperdine Law School as a Distinguished Practitioner in Residence.  From 2010 to 2012, John was the General Counsel at the U.S. Commission on International Religious Freedom.

Education
  • J.D., Harvard Law School, 1985
  • B.A., Columbia College, 1982

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Publications and Multimedia
Luis v. U.S. - Post Argument SCOTUScast
SCOTUScast 12-8-15 featuring John Malcolm
December 08, 2015
Prosecutors Run Amok? - Event Audio/Video
2015 National Lawyers Convention
November 19, 2015
Guilty as Charged: The Yates Memo - Podcast
Criminal Law & Procedure Practice Group Podcast
October 26, 2015
Criminalizing Reasonable Interpretations of Regulatory Schemes: Clay v. United States - Podcast
Criminal Law & Procedure Practice Group Podcast
July 29, 2015
Supreme Court Criminal Law Round Up - October Term 2014 - Podcast
Criminal Law & Procedure Practice Group Podcast
July 15, 2015
Civil Asset Forfeiture - Podcast
Criminal Law & Procedure and Litigation Practice Groups Podcast
February 23, 2015
The Criminalization of Politics - Event Audio/Video
Criminal Law & Procedure Practice Group
December 15, 2014
Bank Robbery and Kidnapping -- Whitfield v. United States - Podcast
Criminal Law & Procedure Practice Group Podcast
December 03, 2014
Criminal Sentencing Reform: A Conversation among Conservatives - Event Video
2014 National Lawyers Convention
November 17, 2014
Defining Regulatory Crimes - Event Audio/Video
Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes
June 11, 2014
Paroline v. United States - Post-Decision SCOTUScast
SCOTUScast 5-29-14 featuring John Malcolm and Paul Cassell
May 29, 2014
Who Pays the Damages for Child Pornography? Paroline v. United States - Podcast
Criminal Law & Procedure Practice Group Podcast
May 23, 2014
Susan B. Anthony List v. Driehaus - Post-Argument SCOTUScast
SCOTUScast 4-29-14 featuring John Malcolm
April 29, 2014
Is “False” Political Speech Protected? - Susan B. Anthony List v. Driehaus - Podcast
Criminal Law & Procedure and Free Speech & Election Law Practice Groups Podcast
April 23, 2014
Smarter Sentencing Act - Podcast
Criminal Law & Procedure Practice Group Podcast
March 24, 2014
Rosemond v. United States - Post-Decision SCOTUScast
SCOTUScast 3-11-14 featuring John Malcolm
March 11, 2014
Burrage v. United States - Post-Decision SCOTUScast
SCOTUScast 2-4-14 featuring John Malcolm
February 04, 2014
Paroline v. United States - Post-Argument SCOTUScast
SCOTUScast 1-28-14 featuring John Malcolm
January 28, 2014
Child Pornography: Proximate Cause and Restitution – Paroline v. United States - Podcast
Criminal Law & Procedure Practice Group Courthouse Steps Podcast
January 23, 2014
Criminal Law Enforcement versus the Free Press - Event Audio/Video
2013 National Lawyers Convention
November 22, 2013
Burrage v. United States and Rosemond v. United States - Post-Argument SCOTUScast
SCOTUScast 11-19-13 featuring John Malcolm
November 19, 2013
The Supreme Court Rules: Collection of DNA - Podcast
Criminal Law & Procedure Practice Group Podcast
June 25, 2013
Criminal Law at the Federal Level - Event Audio/Video
First Annual Executive Branch Review Conference
June 14, 2013
Drawing Blood from a Drunk Driving Suspect: Missouri v. McNeely - Podcast
Criminal Law & Procedure Practice Group Podcast
June 04, 2013
Gun Control: Assessing Constitutionality and Effectiveness - Podcast
Criminal Law & Procedure Practice Group Podcast
April 03, 2013
An Exchange Over The Sex Offender Registration and Notification Act (SORNA)
Engage Volume 13, Issue 3 October 2012
December 21, 2012
Film Piracy and the Pirate Bay Cases
Engage Volume 12, Issue 2, September 2011
September 12, 2011
Encryption Technology: I hear you knockin’, but you can’t come in
Criminal Law & Procedure Practice Group Newsletter - Volume 2, Issue 3, Winter 1998
December 01, 1998