Jeff Clark

Senior Fellow and Director of Litigation

Jeff Clark is the former President Trump-selected and Senate-confirmed Assistant Attorney General of the Environment & Natural Resources Division of the U.S. Justice Department. From 2020-2021, Jeff was also named and simultaneously served as the former Acting Assistant Attorney General of DOJ’s Civil Division. In this capacity, by the end of 2020, Jeff was responsible for supervising approximately 1,400 lawyers at DOJ.

Jeff carried out a deregulatory agenda by helping to restrict DOJ’s powers to seek civil penalty relief Congress did not adopt and by shepherding many of the Trump Administration’s most controversial regulations through the courts.

Jeff also argued many of his own cases, achieving about an 80% win rate in the Environment Division and about a 67% win rate in the Civil Division. Jeff has argued at least one appeal in all 13 federal circuit courts of appeal.

Jeff previously served as a Deputy Assistant Attorney General in the Environment Division during the Bush 43 Administration. Other than his stints at DOJ, Jeff spent most of his career as a partner at Kirkland & Ellis LLP, where he was an appellate litigator and administrative law expert, doing battle with many federal and state administrative agencies.  Jeff also served for nearly a decade as an adjunct law professor at the George Mason (now Scalia) Law School teaching two classes: law, science, and technology and environmental law.

Jeff was elected to the American Law Institute in 2020, was elected to and served as a Member of the American Bar Association’s Governing Council of the Administrative Law Section, and served for more than a decade as the Chair of the Federalist Society’s Environment & Property Rights Practice Group.

Jeff graduated from Harvard University in 1989 with an A.B. in economics and Russian history, from the University of Delaware in 1993 with an M.A. in urban affairs, and from the Georgetown University Law Center in 1995 with a J.D. He clerked for Judge Danny J. Boggs of the U.S. Court of Appeals for the Sixth Circuit.

Filter posts:

On the Power of the President to Appoint his Magistrates

The Constitution provides for a President to discharge his electoral mandate with his people in place - the Administration’s “Officers of the United States” - even without swift Senate cooperation.

Brief: On the Article II Recess Appointments Clause

The appointment power is vested in the President under the regime erected by Article II of the Constitution. Two clauses, in particular, grant this power: the Appointments Clause and the Recess Appointments Clause.

Directive 5240.01: A Threat to American Liberty

The Pentagon’s alarming Directive 5240.01 allows secret use of the military, turning intelligence inwards on the American People.