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 oversees The Heritage Foundation’s work to increase understanding of the Constitution and the rule of law as director of the think tank’s Edwin Meese III Center for Legal and Judicial Studies.

Malcolm, who also is Heritage’s Ed Gilbertson and Sherry Lindberg Gilbertson senior legal fellow, brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.

Before being named director of the Meese Center in July 2013, Malcolm spearheaded the center’s rule of law programs. His research and writing as senior legal fellow focused on criminal law, immigration, national security, religious liberty and intellectual property.

The Meese Center works to educate government officials, the media and the public about the Constitution and legal principles -- and how they affect public policy. The center was founded in 2001 and overseen until early 2013 by the conservative icon whose name it bears, former Attorney General Edwin Meese III.

In addition to his duties at Heritage, Malcolm is chairman of the Criminal Law Practice Group of the Federalist Society. He serves on the board of directors of Enough Is Enough, which strives to protect children from online predators and other dangers.

Before joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom 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).

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

Publications

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 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