The Federalist Society

John G. Malcolm

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

John G. Malcolm focuses on criminal law, immigration, national security and religious liberty as senior legal fellow in the Center for Legal and Judicial Studies at The Heritage Foundation. He brings a wealth of legal experience in the private and public sectors to his research, which also includes intellectual property and general constitutional issues.

Malcolm, who joined Heritage in June 2012, previously was general counsel at the U.S. Commission on International Religious Freedom since 2010 as well as a distinguished practitioner in residence at Pepperdine Law School. An independent and bipartisan panel, USCIRF reviews reported violations of religious freedom around the world and makes policy recommendations to the president, the secretary of state and Congress.

From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association of America.

He served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, after working as a partner in the Atlanta law firm of Malcolm & Schroeder, LLP since 1997. At Justice, he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations.

From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work as an assistant U.S. attorney in the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.

Malcolm began his law career as a law clerk to a federal district court judge and a federal appellate court judge as well as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (now Sutherland, LLP).

In addition to his duties at Heritage, Malcolm is chairman of the Criminal Law Practice Group of the Federalist Society. He serves on the boards of directors of Global Centurion Foundation (which fights human trafficking) and Enough Is Enough (which strives to protect children from online predators and other dangers).

Malcolm is a graduate of Harvard Law School and holds a bachelor’s degree in economics from Columbia College. Born in New York City, he grew up in Tenafly, N.J. He and his wife, Mary Lee, currently reside in Washington, D.C. They have two adult children, Andy and Amanda.


Education

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

Upcoming Events

Is “False” Political Speech Protected? - Susan B. Anthony List v. Driehaus
Criminal Law & Procedure and Free Speech & Election Law Practice Groups Courthouse Steps Teleforum
April 22, 2014

Publications

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 4, 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 4, 2013
Gun Control: Assessing Constitutionality and Effectiveness - Podcast
Criminal Law & Procedure Practice Group Podcast
April 3, 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 1, 1998

The Federalist Society