Abraham David Sofaer
Encyclopedia
Abraham David Sofaer was a federal judge for the United States District Court for the Southern District of New York
, and then a legal adviser to the United States State Department. He is currently a George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs the Hoover Institution
at Stanford University
.
from Yeshiva University
in 1962 and an LL.B. from New York University School of Law
in 1965. After law school, he served as law clerk to J. Skelly Wright
of the United States Court of Appeals for the District of Columbia Circuit
, and later Justice William J. Brennan, Jr.
of the United States Supreme Court from 1965 to 1967.
From 1967 to 1969, he was assistant U.S. Attorney in the Southern District of New York.
From 1969 to 1979, Sofaer was a professor of law at Columbia University School of Law, during which time he wrote War, Foreign Affairs, and Constitutional Power, an authoritative historical account of the constitutional powers of Congress and the president to control or affect the use of force. As a New York state administrative judge in 1975–76, he handled the first major environmental action involving PCBs, specifically their discharge by General Electric
into the Hudson River
.
He was nominated to the district court by Jimmy Carter
on January 19, 1979, to a seat vacated by Marvin E. Frankel
, confirmed by the United States Senate
on March 21, 1979, and received his commission on March 23, 1979. His service terminated on June 9, 1985, due to resignation.
In 1985, then-Secretary of State
George Schultz asked Sofaer to become Legal Adviser of the Department of State
, a position in which he served until 1990. According to his Hoover Institution biography, Sofaer "was principal negotiator in various interstate matters that were successfully resolved, including the dispute between Egypt and Israel over Taba
, the claim against Iraq for its attack on the USS Stark, and the claims against Chile for the assassination of diplomat Orlando Letelier
. He received the Distinguished Service Award in 1989, the highest State Department award given to a non-civil servant."
After leaving the Department of State, Sofaer practiced law at Hughes, Hubbard & Reed in Washington, D.C.
, from 1990 to 1994. In 1994, Sofaer was appointed George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs at the Hoover Institution. His "work has focused on separation of powers
issues in the American system of government, including the power over war, and on issues related to international law, terrorism
, diplomacy, national security
, the Middle East conflict, and water resources. He teaches a course on transnational law at the Stanford Law School
."
Sofaer was subject to a grand jury investigation into whether he had made false statements in applying for a license from the Treasury Department's Office of Foreign Assets Control to represent Libya.
in 2004, Sofaer wrote on the issue of targeted killing
: "It is essential not to allow loaded rhetoric to obscure the propriety of lawfully using deadly force in self-defense
." He stressed that while targeted killing may result in collateral damage
, and it is impossible to guarantee that targeted killings will be soundly planned and implemented, such damage "must be avoided to the extent possible consistent with the military objective, and it must not be unreasonable in the circumstances". He wrote further:
(10/08), "War of resources" about Hezbollah (8/06), and an online debate, "Should Dictators Be Put to Death?" with Kenneth Roth
of Human Rights Watch
, on the Council on Foreign Relations
Web site (6/06).
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
, and then a legal adviser to the United States State Department. He is currently a George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs the Hoover Institution
Hoover Institution
The Hoover Institution on War, Revolution and Peace is a public policy think tank and library founded in 1919 by then future U.S. president, Herbert Hoover, an early alumnus of Stanford....
at Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
.
Education and career
Judge Sofaer received a B.A.Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Yeshiva University
Yeshiva University
Yeshiva University is a private university in New York City, with six campuses in New York and one in Israel. Founded in 1886, it is a research university ranked as 45th in the US among national universities by U.S. News & World Report in 2012...
in 1962 and an LL.B. from New York University School of Law
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
in 1965. After law school, he served as law clerk to J. Skelly Wright
J. Skelly Wright
James Skelly Wright was a judge for the United States Court of Appeals for the District of Columbia Circuit and anti-segregationist. The J...
of the United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
, and later Justice William J. Brennan, Jr.
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
of the United States Supreme Court from 1965 to 1967.
From 1967 to 1969, he was assistant U.S. Attorney in the Southern District of New York.
From 1969 to 1979, Sofaer was a professor of law at Columbia University School of Law, during which time he wrote War, Foreign Affairs, and Constitutional Power, an authoritative historical account of the constitutional powers of Congress and the president to control or affect the use of force. As a New York state administrative judge in 1975–76, he handled the first major environmental action involving PCBs, specifically their discharge by General Electric
General Electric
General Electric Company , or GE, is an American multinational conglomerate corporation incorporated in Schenectady, New York and headquartered in Fairfield, Connecticut, United States...
into the Hudson River
Hudson River
The Hudson is a river that flows from north to south through eastern New York. The highest official source is at Lake Tear of the Clouds, on the slopes of Mount Marcy in the Adirondack Mountains. The river itself officially begins in Henderson Lake in Newcomb, New York...
.
He was nominated to the district court by Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
on January 19, 1979, to a seat vacated by Marvin E. Frankel
Marvin E. Frankel
Marvin E. Frankel was a litigator, a United States federal judge on the Southern District of New York, a professor at Columbia Law School, and a legal scholar whose views helped to establish sentencing guidelines for the federal courts.-Biography:Born in New York, New York, Frankel was in the...
, confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on March 21, 1979, and received his commission on March 23, 1979. His service terminated on June 9, 1985, due to resignation.
In 1985, then-Secretary of State
Secretary of State
Secretary of State or State Secretary is a commonly used title for a senior or mid-level post in governments around the world. The role varies between countries, and in some cases there are multiple Secretaries of State in the Government....
George Schultz asked Sofaer to become Legal Adviser of the Department of State
Legal Adviser of the Department of State
The Legal Adviser of the Department of State is a position within the United States Department of State. It was created by an Act of Congress on February 23, 1931 and given a rank equivalent to that of an Assistant Secretary...
, a position in which he served until 1990. According to his Hoover Institution biography, Sofaer "was principal negotiator in various interstate matters that were successfully resolved, including the dispute between Egypt and Israel over Taba
Taba
- Places :Egypt:* Taba, Egypt, a town in Egypt near the Gulf of Aqaba.** Taba Border Crossing, a border crossing between Taba in Egypt and Eilat in Israel...
, the claim against Iraq for its attack on the USS Stark, and the claims against Chile for the assassination of diplomat Orlando Letelier
Orlando Letelier
Marcos Orlando Letelier del Solar was a Chilean economist, Socialist politician and diplomat during the presidency of Socialist President Salvador Allende...
. He received the Distinguished Service Award in 1989, the highest State Department award given to a non-civil servant."
After leaving the Department of State, Sofaer practiced law at Hughes, Hubbard & Reed in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, from 1990 to 1994. In 1994, Sofaer was appointed George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs at the Hoover Institution. His "work has focused on separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
issues in the American system of government, including the power over war, and on issues related to international law, terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, diplomacy, national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
, the Middle East conflict, and water resources. He teaches a course on transnational law at the Stanford Law School
Stanford Law School
Stanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law...
."
Sofaer was subject to a grand jury investigation into whether he had made false statements in applying for a license from the Treasury Department's Office of Foreign Assets Control to represent Libya.
Views on targeted killing
In an opinion piece in the San Francisco ChronicleSan Francisco Chronicle
thumb|right|upright|The Chronicle Building following the [[1906 San Francisco earthquake|1906 earthquake]] and fireThe San Francisco Chronicle is a newspaper serving primarily the San Francisco Bay Area of the U.S. state of California, but distributed throughout Northern and Central California,...
in 2004, Sofaer wrote on the issue of targeted killing
Targeted killing
Targeted killing is the deliberate, specific targeting and killing, by a government or its agents, of a supposed terrorist or of a supposed "unlawful combatant" who is not in that government's custody...
: "It is essential not to allow loaded rhetoric to obscure the propriety of lawfully using deadly force in self-defense
Self-defense
Self-defense, self-defence or private defense is a countermeasure that involves defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many...
." He stressed that while targeted killing may result in collateral damage
Collateral damage
Collateral damage is damage to people or property that is unintended or incidental to the intended outcome. The phrase is prevalently used as an euphemism for civilian casualties of a military action.-Etymology:...
, and it is impossible to guarantee that targeted killings will be soundly planned and implemented, such damage "must be avoided to the extent possible consistent with the military objective, and it must not be unreasonable in the circumstances". He wrote further:
When people call a targeted killing an "assassinationAssassinationTo carry out an assassination is "to murder by a sudden and/or secret attack, often for political reasons." Alternatively, assassination may be defined as "the act of deliberately killing someone, especially a public figure, usually for hire or for political reasons."An assassination may be...
", they are attempting to preclude debate on the merits of the action. Assassination is widely defined as murder, and is for that reason prohibited in the United States.... U.S. officials may not kill people merely because their policies are seen as detrimental to our interests.... But killings in self-defense are no more "assassinations" in international affairs than they are murders when undertaken by our police forces against domestic killers. Targeted killings in self-defense have been authoritatively determined by the federal government to fall outside the assassination prohibition.
Recent publications
Recent articles have included "Taking The War To The Terrorists" in ForbesForbes
Forbes is an American publishing and media company. Its flagship publication, the Forbes magazine, is published biweekly. Its primary competitors in the national business magazine category are Fortune, which is also published biweekly, and Business Week...
(10/08), "War of resources" about Hezbollah (8/06), and an online debate, "Should Dictators Be Put to Death?" with Kenneth Roth
Kenneth Roth
Kenneth Roth is an American attorney and has been the executive director of Human Rights Watch since 1993.-Background:Kenneth Roth, a graduate of Yale Law School and Brown University, was drawn to human rights causes through his Jewish father's experience of fleeing Nazi Germany in 1938...
of Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, on the Council on Foreign Relations
Council on Foreign Relations
The Council on Foreign Relations is an American nonprofit nonpartisan membership organization, publisher, and think tank specializing in U.S. foreign policy and international affairs...
Web site (6/06).
External links
- Abraham D. Sofaer – George P. Shultz Senior Fellow, Hoover InstitutionHoover InstitutionThe Hoover Institution on War, Revolution and Peace is a public policy think tank and library founded in 1919 by then future U.S. president, Herbert Hoover, an early alumnus of Stanford....
, Stanford UniversityStanford UniversityThe Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...