Beryl Howell

Howell was born in 1956 in Fort Benning. She is the daughter of an U.S. Army officer and is Jewish.{{Cite news|url=https://www.washingtonpost.com/local/public-safety/meet-the-judge-who-just-released-200-secret-government-surveillance-requests/2016/09/23/4ddb1266-7b50-11e6-beac-57a4a412e93a_story.html|title=This judge just released 200 secret government surveillance requests|last=Hsu|first=Spencer|date=September 26, 2016|newspaper=Washington Post}} She attended elementary and secondary school in six states and Germany.{{Cite press release |title=President Obama Names Five to United States District Court |date=July 14, 2010 |publisher=The White House |location=Washington, D.C. |url=https://whitehouse.gov/the-press-office/president-obama-names-five-united-states-district-court-0 |archive-url=https://web.archive.org/web/20170118172241/https://www.whitehouse.gov/the-press-office/president-obama-names-five-united-states-district-court-0 |archive-date=January 18, 2017 |access-date=March 1, 2023 |url-status=bot: unknown }} {{PD-notice}}

Howell graduated from Bryn Mawr College in 1978 with a Bachelor of Arts in philosophy with honors. From 1978 to 1980, Howell worked as a legal assistant at the law firm Shanley & Fisher (now part of Faegre Drinker). She then attended Columbia Law School, graduating in 1983 with a Juris Doctor as a Harlan Fiske Stone Scholar.{{FJC Bio|nid=1393581}}

After law school, Howell was a law clerk for Judge Dickinson R. Debevoise of the United States District Court for the District of New Jersey from 1983 to 1984. From 1985 to 1987, she was in private practice as an associate at the New York City law firm of Schulte Roth & Zabel.

From 1987 to 1993, Howell was an assistant United States attorney for the United States District Court for the Eastern District of New York, where she became deputy chief of the Narcotics section.{{cite web|url=https://arstechnica.com/tech-policy/2011/03/riaa-lobbyist-becomes-federal-judge-rules-on-file-sharing-cases/ |title=RIAA lobbyist becomes federal judge, rules on file-sharing cases |date=March 28, 2011 |last=Anderson | first=Nate |publisher=Ars Technica |access-date=March 4, 2013}} From 1993 to 2003, Howell served on the staff of the United States Senate Committee on the Judiciary as a senior advisor to Chairman Patrick Leahy, including as the committee's general counsel starting in 1997.

While working for Senator Leahy, Howell helped craft the E-FOIA amendments, which expanded electronic access to government records.{{cite web |url=http://www.brynmawr.edu/sandt/2003_october/practicing.html |title=Practicing at the Intersection of Law, Policy and Technology |work=Science and Technology newsletter |publisher=Bryn Mawr College |date=October 2003 |access-date=March 4, 2013 |archive-url=https://web.archive.org/web/20130105080931/http://www.brynmawr.edu/sandt/2003_october/practicing.html |archive-date=January 5, 2013 |url-status=dead }} She also helped Sen. Leahy fend off proposals to impose new limits on the FOIA. In 2001, she was honored by the Coalition to Support and Expand the Freedom of Information Act, and in 2004, her FOIA work was honored by the Society of Professional Journalists.

Howell was involved in crafting numerous pieces of legislation for the investigation and prosecution of computer crime and copyright infringement, including the Anti-Cybersquatting Consumer Protection Act, the National Information Infrastructure Protection Act, the Computer Fraud and Abuse Act, the Communications Assistance for Law Enforcement Act (CALEA),{{cite web| archive-url=https://web.archive.org/web/20071012022052/http://www.strozllc.com/professionals/xprProfessionalDetails1.aspx?xpST=ProfessionalDetail&professional=6 | title=Stroz Friedberg LLC – Professionals – Howell, Beryl A. |publisher= Stroz Friedberg, LLC |archive-date=October 12, 2007 |url=http://www.strozllc.com/professionals/xprProfessionalDetails1.aspx?xpST=ProfessionalDetail&professional=6 |access-date=March 6, 2013 }} the No Electronic Theft Act (NET Act), the Digital Millennium Copyright Act (DMCA), and the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999.

Howell was involved in national security issues, including the creation of the USA PATRIOT Act, which she defended in 2005 in an article for the Pennsylvania Bar Association Quarterly.

The Center for Democracy and Technology lists Howell as a "board alum".{{cite web|url=https://www.cdt.org/staff | title=Staff | publisher=Center for Democracy and Technology |access-date=March 4, 2013}}

From 2004 to 2010, she served as a member of the United States Sentencing Commission after being appointed by President George W. Bush.

In November 2023, Howell received the Champion Award for people who advance opportunities for women in "the white collar field".{{Cite web |title=Awards Program - Women's White Collar Defense Association |url=https://www.wwcda.org/event/awards-program |access-date=2023-12-16 |website=www.wwcda.org}} In her acceptance speech, she said: "My D.C. judicial colleagues and I regularly see the impact of big lies at the sentencing of hundreds, hundreds of individuals who have been convicted for offense conduct on Jan. 6, 2021, when they disrupted the certification of the 2020 presidential election at the U.S. Capitol." She also cited historian Heather Cox Richardson’s book Democracy Awakening.{{Citation |title=2023 WWCDA Awards Gala Full Video | date=November 30, 2023 |url=https://www.youtube.com/watch?v=sNDnJWh1gzE |access-date=2023-12-16 |publisher=YouTube |language=en}}

In response, Representative Elise Stefanik, a Republican from New York, filed a complaint of judicial misconduct in which she alleged that Howell's remarks were "conduct unbecoming of a federal judge".{{Cite web |last=Rajkumar |first=Shruti |date=2023-12-16 |title=Rep. Elise Stefanik Lodges Complaint Against Judge Who Oversaw Jan. 6, Trump Cases |url=https://www.huffpost.com/entry/elise-stefanik-complaint-against-judge-beryl-howell_n_657ccab5e4b036ecab4508f0 |access-date=2023-12-16 |website=HuffPost |language=en}}

From 2004 to 2009,{{cite web|url=http://www.opensecrets.org/revolving/rev_summary.php?id=31911|title=Revolving Door: Beryl A Howell Employment Summary – OpenSecrets|website=www.opensecrets.org}}[https://www.eff.org/deeplinks/2012/11/us-copyright-surveillance-machine-about-be-switched-on U.S. Copyright Surveillance Machine About To Be Switched On, Promises of Transparency Already Broken], Electronic Frontier Foundation, November 15, 2012. Howell was executive vice president, executive managing director,{{cite web |url=https://www.cdt.org/personnel/beryl-howell |title=Beryl Howell |publisher=Center for Democracy and Technology |access-date=March 4, 2013 |archive-url=https://web.archive.org/web/20100412173902/http://www.cdt.org/personnel/beryl-howell |archive-date=April 12, 2010 |url-status=dead }} and general counsel at Stroz Friedberg, a global digital risk management and investigations firm. Howell's work at Stroz Friedberg included lobbying on behalf of the Recording Industry Association of America,RIAA lobbying data (public record) as published by OpenSecrets.org for [http://www.opensecrets.org/lobby/clientsum.php?id=D000000581&year=2004 2004], [http://www.opensecrets.org/lobby/clientsum.php?id=D000000581&year=2005 2005], [http://www.opensecrets.org/lobby/clientsum.php?id=D000000581&year=2006 2006], [http://www.opensecrets.org/lobby/clientsum.php?id=D000000581&year=2007 2007], [http://www.opensecrets.org/lobby/clientsum.php?id=D000000581&year=2008 2008], and [http://www.opensecrets.org/lobby/clientsum.php?id=D000000581&year=2009 2009].Stroz Frieberg lobbying data (public record) as published by OpenSecrets.org for [http://www.opensecrets.org/lobby/firmlbs.php?id=F27199&year=2004 2004], [http://www.opensecrets.org/lobby/firmlbs.php?id=F27199&year=2005 2005], [http://www.opensecrets.org/lobby/firmlbs.php?id=F27199&year=2006 2006], [http://www.opensecrets.org/lobby/firmlbs.php?id=F27199&year=2007 2007], and [http://www.opensecrets.org/lobby/firmlbs.php?id=F27199&year=2008 2008]. and, briefly, Universal Music Group.Stroz Frieberg lobbying data (public record) as published by OpenSecrets.org for [http://www.opensecrets.org/lobby/firmlbs.php?id=F27199&year=2005 2005]

In 2008, Howell served as a member of the Commission on Cybersecurity for the 44th Presidency, sponsored by bipartisan think tank Center for Strategic and International Studies.{{cite web | url=http://csis.org/files/media/csis/pubs/110523_cyberspace_members.pdf | title=Commission Members | publisher=Center for Strategic and International Studies | access-date=March 4, 2013 | archive-url=https://web.archive.org/web/20110604162934/http://csis.org/files/media/csis/pubs/110523_cyberspace_members.pdf | archive-date=June 4, 2011 | url-status=dead }}

Howell teaches legal ethics as an adjunct professor at the American University's Washington College of Law.{{cite web |url=http://www.judiciary.senate.gov/hearings/testimony.cfm?id=e655f9e2809e5476862f735da16114a4&wit_id=e655f9e2809e5476862f735da16114a4-0-0 |title=Statement Of Senator Patrick Leahy (D-Vt.), Chairman, Senate Judiciary Committee, On The Nomination Of Beryl Howell To Be A United States District Court Judge For The District Of Columbia |date=July 28, 2010 |access-date=March 4, 2013 |archive-url=https://web.archive.org/web/20121216110049/http://www.judiciary.senate.gov/hearings/testimony.cfm?id=e655f9e2809e5476862f735da16114a4&wit_id=e655f9e2809e5476862f735da16114a4-0-0 |archive-date=December 16, 2012 |url-status=dead }}{{cite web |url=http://www.wcl.american.edu/faculty/howell/ |title=The Honorable Beryl Howell : Adjunct Professor of Law |publisher=American University Washington College of Law |work=Faculty |access-date=April 4, 2013 |archive-url=https://web.archive.org/web/20140317181746/http://www.wcl.american.edu/faculty/howell/ |archive-date=March 17, 2014 |url-status=dead }}

File:Naturalization-30 (29613128232).jpg

On July 14, 2010, Howell was nominated by President Barack Obama to the seat vacated by Judge Paul L. Friedman, who assumed senior status on December 31, 2009.{{Cite press release |title=Presidential Nominations and Withdrawal Sent to the Senate, 7/14/10 |date=July 14, 2010 |publisher=The White House |location=Washington, D.C. |url=https://www.whitehouse.gov/the-press-office/presidential-nominations-and-withdrawal-sent-senate-71410 |access-date=July 14, 2010 |archive-url=https://web.archive.org/web/20100716103629/http://www.whitehouse.gov/the-press-office/presidential-nominations-and-withdrawal-sent-senate-71410 |archive-date=July 16, 2010 |url-status=bot: unknown }} She was confirmed by the U.S. Senate on December 22, 2010. She received her judicial commission on December 27, 2010. She served as the chief judge from March 17, 2016, to March 17, 2023. She assumed senior status on February 1, 2024. A 2015 analysis by Ravel Law found Howell to be the second most-cited district court judge appointed in the previous five years.{{Cite news|url=http://abovethelaw.com/2015/04/judging-the-judges-who-are-the-most-cited-new-jurists-on-the-federal-bench/?rf=1|title=Judging The Judges: Who Are the Most-Cited New Jurists On The Federal Bench?|last=Kassam|first=Kerry|date=April 23, 2015|work=Above the Law}}

In 2011, Harold Hodge Jr. stood outside the U.S. Supreme Court wearing a sign that protested the American government's treatment of black and Hispanic people.{{cite web|url=http://thecaucus.blogs.nytimes.com/2013/06/13/supreme-court-issues-new-rule-barring-protests-on-plaza/?_php=true&_type=blogs&_r=0 |title=Supreme Court Issues New Rule Barring Protests on Plaza |work=New York Times |date=June 13, 2013 |access-date=September 25, 2014}} He did so in violation of a 1949 federal law that makes such protests a crime. Hodge sued the Marshal of the United States Supreme Court and the U.S. Attorney for the District of Columbia under the First Amendment. In a June 2013 decision, Howell struck down the law as violating the First Amendment's guarantee of free speech.{{cite web|url=http://watchdog.org/172646/supreme-court-speech/ |title=Protester challenges Supreme Court speech-free zone |publisher=Watchdog.org |access-date=September 25, 2014}} The judge wrote, "The absolute prohibition on expressive activity in the statute is unreasonable, substantially overbroad and irreconcilable with the First Amendment." The defendants appealed the decision to the U.S. Court of Appeals for the District of Columbia, which reversed Howell's decision and reinstated the law as it applies to the Supreme Court Plaza and steps. Hodge v. Talkin, 799 F. 3d 1145 (D.C. Cir. 2015).

In 2018, Howell struck down a regulation of the Federal Election Commission allowing dark money groups, certain nonprofit organizations engaged in political activities, to conceal their donors. She wrote that the regulation "blatantly undercuts the congressional goal of fully disclosing the sources of money flowing into federal political campaigns, and thereby suppresses the benefits intended to accrue from disclosure."{{cite news |last1=Griffiths |first1=Brent D. |title=Judge's ruling invalidates FEC regulation allowing anonymous donations to 'dark money' groups |url=https://www.politico.com/story/2018/08/04/campaigns-dark-money-groups-donors-anonymous-ruling-762440 |access-date=May 22, 2021 |work=Politico |date=August 4, 2018}}

The Supreme Court later declined to review the decision.{{cite news |last1=Lee |first1=Michelle Ye Hee |last2=Barnes |first2=Robert |title=Political nonprofits must now name many of their donors under federal court ruling after Supreme Court declines to intervene |url=https://www.washingtonpost.com/politics/political-nonprofits-must-now-name-many-of-their-donors-under-federal-court-ruling-after-supreme-court-declines-to-intervene/2018/09/18/851ea210-bb72-11e8-9812-a389be6690af_story.html |access-date=May 22, 2021 |newspaper=Washington Post |date=September 18, 2018}}

In that same year, Howell became the supervising judge for the grand jury working for special counsel Robert Mueller's investigation into Russian interference in the 2016 United States elections. On October 25, 2019, she ruled in favor of the House Judiciary Committee, which had sought grand jury materials from the Mueller investigation, finding their impeachment inquiry into President Donald Trump to be a judicial proceeding.{{Cite news|url=https://www.nytimes.com/2019/10/25/us/politics/house-impeachment-subpoenas.html|title=Impeachment Inquiry Is Legal, Judge Rules, Giving Democrats a Victory|first1=Charlie|last1=Savage|first2=Emily|last2=Cochrane|newspaper=The New York Times |date=October 25, 2019}} Justice Department attorneys had previously asserted that congressional investigators had "not yet exhausted [their] available discovery tools,” arguments Howell said "smack of farce," as the administration had openly stated it would stonewall the investigation.{{Cite web|url=https://lawandcrime.com/high-profile/federal-judge-calls-trump-admins-legal-arguments-a-farce-in-order-filled-with-jabs-at-doj-attorneys/|title=Federal Judge Calls Trump Admin's Legal Arguments a 'Farce' in Order Filled with Jabs at DOJ Attorneys|website=lawandcrime.com|date=October 25, 2019 }}

Howell is married to Michael Rosenfeld, an executive producer at National Geographic Television & Film. They have three children.

• Beryl Howell, "Lawyers on the Hook: Counsel’s Professional Responsibility to Provide Quality Assurance in Electronic Discovery", 2 J. Sec. L. Reg. & Compl. 216 (June 2009).
• Beryl Howell, "Real World Problems of Virtual Crime, in Cybercrime: Digital Cops in a Networked Environment" (Jack M. Balkin et al., New York University Press 2007).
• Beryl Howell & Dana J. Lesemann, "FISA’s Fruits in Criminal Cases: An Opportunity for Improved Accountability", 12 UCLA J. Intl. L. & For. Affairs 145 (Spring 2007).
• Beryl A. Howell & Richard J. Wolf, "Rough Waters Ahead for E-discovery and the New Federal Rules of Civil Procedure," ACC Docket (January/February 2007).
• Beryl Howell, "What You Need to Know About Digital Forensics," 28 Pa. Law. 32 (2006).
• Beryl Howell, "Foreign Intelligence Surveillance Act: Has the Solution Become the Problem?", in Protecting What Matters: Technology, Security, and Liberty Since 9/11 (Clayton Northouse, Brookings Institution Press 2006).
• Beryl Howell, "Perspectives on the USA PATRIOT Act" (Pennsylvania Bar Association Quarterly, January 2005).{{cite web|title=Perspectives on the USA PATRIOT Act |url=http://www.strozfriedberg.com/files/Publication/7b493929-ab4c-4cf0-94e5-014e98218087/Presentation/PublicationAttachment/d459b7e2-02bc-49a4-bb75-39e2f64276ea/BAHPatriotActArticle.pdf |archive-url=https://web.archive.org/web/20160304032127/http://www.strozfriedberg.com/files/Publication/7b493929-ab4c-4cf0-94e5-014e98218087/Presentation/PublicationAttachment/d459b7e2-02bc-49a4-bb75-39e2f64276ea/BAHPatriotActArticle.pdf |url-status=dead |archive-date=March 4, 2016 |access-date=March 4, 2013 |last=Howell |first=Beryl }}
• Beryl Howell, "Seven Weeks: The Making of the USA Patriot Act", 72 Geo. Wash. L. Rev. 1145 (2004).
• Beryl Howell & Eric Friedberg, 21st Century Forensics: Searching for the "Smoking Gun" in Computer Hard Drives," 37 Prosecutor 18 (2003).

• List of Jewish American jurists

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{{s-ttl|title={{nowrap|Chief Judge of the United States District Court for the District of Columbia}}|years=2016–2023}}

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Category:1956 births

Category:Living people

Category:20th-century American lawyers

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Category:21st-century American women lawyers

Category:Assistant United States attorneys

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Category:Judges of the United States District Court for the District of Columbia

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Category:United States district court judges appointed by Barack Obama