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Andrew G. McBride

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Andrew G. McBride (born June 26, 1960) is an American attorney based in Washington, D.C.,[1] and a former U.S. Supreme Court law clerk, U.S. Department of Justice official, and Assistant United States Attorney.

Andrew G. McBride with Sandra Day O’Connor
McBride at Redskins game

Early life and education

McBride was born in Paterson, New Jersey, and grew up in Glen Rock. He played football for Bergen Catholic High School in Oradell, New Jersey, and was a National Merit Scholarship Program Semi-Finalist.

In 1982, he earned his Bachelor's degree magna cum laude from the College of the Holy Cross, where he was a member of Phi Beta Kappa. In 1987, he earned his Juris Doctor with distinction from Stanford Law School, where he was a member of the Order of the Coif.[2][3]

He served as a law clerk to the Honorable Robert Bork on the United States Court of Appeals for the District of Columbia Circuit from 1987–88, a period that overlapped with Bork's nomination to the Supreme Court. He helped edit[4] Bork's 1990 book The Tempting of America.

From 1988-89, McBride clerked for Associate Justice Sandra Day O'Connor on the U.S. Supreme Court. In the 1989 book Closed Chambers, author Edward Lazarus, who clerked for Justice Harry Blackmun during the 1988-89 term, named McBride as the leader of a "conservative cabal" of Supreme Court law clerks [5] that included Miguel Estrada, Paul Cappuccio, Thomas Hungar and R. Hewitt Pate. He arranged for Wiley Rein to host a 2013 book-tour event[6] for Justice O'Connor for her book[7] Out of Order: Stories from the History of the Supreme Court.

Department of Justice

From 1989 to 1992, McBride served in the United States Department of Justice under Attorneys General Dick Thornburgh and William P. Barr. He worked on national security issues,[8] including the use of military tribunals to try terrorists and the capture and trial of Manuel Noriega.[9] He also argued the case of United States v. Alvarez-Machain, involving the kidnapping of Dr. Machain from Mexico to stand trial in the United States for the murder of Enrique Camarena (DEA agent). From 1992 to 1999, he served as Assistant U.S. Attorney in the United States District Court for the Eastern District of Virginia, the so-called "Rocket Docket".

McBride was one of the lead prosecutors on the 1996 case of the Sugar Bottom Murders, a triple-murder carried out by a Jamaican drug gang known as the Poison Clan.[10] The trial resulted in murder convictions for all four defendants involved, though the jury refused to give the death penalty.[11] He was also lead prosecutor in the Otto von Bressensdorf affair (1998), in which a German man claiming to be a baron and financier fleeced investors out of millions of dollars. Von Bressendsdorf and his wife were convicted of 27 counts each of mail fraud, conspiracy, and money laundering, and sentenced to more than 11 years in prison.[12]

Professional life

McBride is a partner at McGuireWoods in its Government Investigations & White Collar Department.[13] He was previously at Perkins Coie and Wiley Rein. At Wiley, he served as chairman of its Communications group.[14] In RIAA v. Verizon (2003), McBride won an early privacy ruling in the United States Court of Appeals for the District of Columbia Circuit rejecting attempts by the Recording Industry Association of America to use Digital Millennium Copyright Act; In CTIA – The Wireless Association v. San Francisco (2012), won a decision from the United States Court of Appeals for the Ninth Circuit invalidating a city ordinance requiring radio-frequency emissions warnings for mobile phones. [15]; McBride, representing a group of law professors as amici curiae,[16] proposed the statutory theory under the Federal Arbitration Act that was adopted by Justice Clarence Thomas in AT&T Mobility v. Concepcion (2011).[17]

McBride represented Washington Redskins owner Daniel Snyder’s broadcast company, Red Zebra Broadcasting, which owns radio station WWXX-FM (ESPN FM 94) in renewing its license when faced with a petition alleging use of team's name is a "derogatory racist word," its repeated use on the air "is akin to broadcasting obscenity" in violation of federal law. The FCC dismissed claims that Red Zebra lacks the character qualifications required to hold an FCC license.[18]

References

  1. ^ "Perkins Coie LLP corporate website". Archived from the original on 2016-12-21. Retrieved 2016-12-20.
  2. ^ "Mr. Andrew G. McBride". The Federalist Society. Retrieved 26 July 2017.
  3. ^ "Andrew G. McBride Esq". Bloomberg BNA. The Bureau of National Affairs, Inc. Retrieved 26 July 2017.
  4. ^ Bork, Robert (1990). The Tempting of America
  5. ^ Biskupic, Joan (March 4, 1998). Ex-Supreme Court Clerk's Book Breaks the Silence, The Washington Post.
  6. ^ O’Connor Promotes and Defends Her Book at Wiley Rein (April 4, 2013), Blog of the Legal Times.
  7. ^ Liptak, Adam (March 29, 2013). Summary Judgment: ‘Out of Order’ by Sandra Day O’Connor, The New York Times Sunday Book Review.
  8. ^ Fisher, Louis (December 2, 2001). Bush Can’t Rely on the FDR Precedent, The Los Angeles Times.
  9. ^ Barr, William P., and Andrew G. McBride (November 18, 2001). Military justice for al Qaeda. Washington Post
  10. ^ courts/FSupp/968/1080/1947514/ United States v. Beckford, 968 F. Supp. 1080 (1997), Justia.com[permanent dead link‍]
  11. ^ United States Of America v. Dean Anthony Beckford, a/k/a Smiles, a/k/a Smiley, a/k/a Daniel Davis, a/k/a Milo, U.S. Court of Appeals for the Fourth Circuit
  12. ^ Perella, Dominic (October 28, 1998). ‘Baron’ Sentenced in Fraud Case, The Associated Press.
  13. ^ McGuireWoods Adds Ex-Prosecutor From Perkins Coie (May 2019)
  14. ^ "Andrew McBride corporate bio, Wiley Rein website". Archived from the original on 2011-11-26. Retrieved 2014-10-28.
  15. ^ Albanesius, Chloe (May 8, 2013). San Francisco Drops Fight for Cell Phone Radiation Labeling Law, PC World
  16. ^ Brief Amici Curiae of Distinguished Law Professors in Support of Petitioner
  17. ^ AT&T Mobility LLC v. Concepcion (April 27, 2011)
  18. ^ Wiley Rein Client Red Zebra Broadcasting Prevails in FCC First Amendment Case (December 2014)
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