Professor Lederman was Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel from 2009 to 2010, and an Attorney Advisor in OLC from 1994-2002. From 1988 to 2004, he was an attorney at Bredhoff & Kaiser, where his practice consisted principally of federal litigation, including appeals, on behalf of labor unions, employees and pension funds. In 2008, with David Barron, he published a two-part article in the Harvard Law Review examining Congress’s authority to regulate the Commander in Chief’s conduct of war.
Prior to rejoining the Department of Justice, he was a regular contributor to several blogs and web sites, including Balkinization, SCOTUSblog, Opinio Juris, and Slate, writing principally on issues relating to separation of powers, war powers, torture, detention, interrogation, international law, treaties, executive branch lawyering, statutory interpretation and the First Amendment. He served as law clerk to Chief Judge Jack B. Weinstein on the United States District Court for the Eastern District of New York, and to Judge Frank M. Coffin on the United States Court of Appeals for the First Circuit.
U.S. Supreme Court Briefs
"Trump and US chief justice spar in extraordinary scrap over judges," coverage by the Sydney Morning Herald, November 22, 2018, featuring Professor Marty Lederman.
"Nixon would have told Trump charging enemies was going too far - John Dean", coverage by The Guardian, November 21, 2018, quoting Professor Marty Lederman.
"Trump wanted to prosecute Hillary Clinton and James Comey – report," coverage by The Guardian, November 20, 2018, quoting Visiting Associate Professor Marty Lederman.
"Trump’s appointment of acting attorney general may be unconstitutional, legal experts say," coverage in the Los Angeles Times, November 9, 2018, quoting Associate Professor Martin S. Lederman.