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Elected Member

John
G.
Malcolm

Location
Washington, DC, USA
Affiliation
The Heritage Foundation
Education
Columbia University
Harvard Law School

John G. Malcolm is Vice President for the Institute for Constitutional Government, The Heritage Foundation. He also oversees Heritage’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 is also Heritage’s Ed Gilbertson and Sherry Lindberg Gilbertson senior legal fellow, where he writes and speaks on a variety of legal issues. 

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 on the Board of Directors of the Legal Services Corporation (Senate-confirmed), Boys Town Washington, D.C., and the Barber Family Foundation.  He is also chairman of the Criminal Law Practice Group of the Federalist Society.

Malcolm has a wealth of legal expertise and experience in both the public and private sectors.

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, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations.  Immediately prior to that, he was a partner in the Atlanta law firm of Malcolm & Schroeder, LLP.

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.

Malcolm is a graduate of Harvard Law School and holds a bachelor’s degree in economics from Columbia College. He and his wife, Mary Lee, currently reside in Washington, D.C.

Member News

Traynor on Liberty, Law, and Democracy

In his essay "Liberty, Law, and Democracy: Are There Grounds for Realistic Optimism?" Michael Traynor, former President of The American Law Institute, reflects on the challenges facing American democracy amid political polarization and institutional strain. He examines threats to the balance between liberty and law, citing dysfunction across the executive, legislative, and judicial branches, while drawing on historical context and recent scholarship to frame these concerns.

Despite his sober assessment, Traynor maintains a guarded optimism rooted in America’s resilience, civic traditions, and individual potential to effect change. He highlights positive actions within the legal community, nonprofit organizations, and among engaged citizens, while outlining five practical steps Americans can take to strengthen democracy: improving civic education, demanding accountability, fostering open debate, participating in elections and local governance, and resisting simplistic solutions.

Traynor concludes that democracy is “stubborn work,” incremental, imperfect, and ongoing, but expresses confidence that Americans have the resolve to preserve it.

Read the full article The New Nationalist

Michael Traynor is senior counsel at Cobalt LLP in Berkeley California. He served as ALI President from 2000 to 2008, and as Chair of the Council from 2008 to 2011. He is also a recipient of ALI's Distinguished Service Award. Mr. Traynor is a Fellow of the American Academy of Arts & Sciences, the American Academy of Appellate Lawyers, the California Academy of Appellate Lawyers, and the American Association for the Advancement of Science.   He received the John P. Frank Outstanding Lawyer Award from the U.S. Court of Appeals for the Ninth Circuit. He is an honorary life trustee of the Lawyers Committee for Civil Rights Under Law and of Earthjustice and a past President (1973) of the Bar Association of San Francisco.