SELECT COMMITTEE ON
INTELLIGENCE
UNITED STATES SENATE

rS

ITD

S; I

Ta’/1
I aq
b

-fi

QUESTIONNARE FOR COMPLETIONBY
PRESIDENTIAL NOMINEES

SELECT COMMITTEE ON INTELLIGENCE
UNITED STATES SENATE

QUESTIONNAIRE FOR COMPLETION BY
PRESIDENTIAL NOBHNEES
PART A = BTOGRAPTTIC ATI INFORMATION

1.

FULL NAME: Christopher Charles Fonzone

OTHERNAMES USED: Chris Fon2one
2.

DATE AND PLACEOFBIRTH: October 16, 1975; Allentown, Pennsylvania

CITIZENSHIP:United States
3.

MARITAL STATUS:Married

4.

SPOUSE’S
NAME: Jillian SuzanneCatalanotti

5.

SPOUSE’SMAIDEN NAME IF APPLICABLE: Catalanotti

6.

NAMES AND AGESOFCHILDREN:

NAME

m

Not applicable

7. EDUCATION SINCEHIGH SCHOOL:
INSTITUTION

DATES ATTENDED

DEGREE RECEIVED

DATE OF DEGREE

Cornell University

1994- 1998

B.A.

1998

Harvard Law SchooI

2004-2007

J.D.

2007

8.

EMPLOYMENT RECORD (LIST ALL POSITIONSHELD SINCE COLLEGE,INCLUDE(G

MILITARY SERVICEINDICATE NAME OFEMPLOYER POSITION,TITLEORDESCRPTION,
LOCATION, AND DATES OF EMPLOYMEFW).

EMPLOYER
First Manhattan Consulting Group

POSITION/TITLE
Analyst

LOCATION
New York, NY

DATES
9/1998-4/1999

WatchHill InvestmentPartners

Assistant

Larchmont,NY

4/1999-4/2000

Portfolio Manager

Novantas

Principal

NewYork,NY

4/2000-8/2004

ProfessorArthur R. Miller

Research
Assistant

Cambridge,
MA

6/2005-2/2006

Gibson,Dunn, & Crutcher

Summer Associate

Washington, DC

6/2006-7/2006

Departmentof Justice
Civil Division, AppellateStaff

Summer Law Intern

Washington, DC

7/2006-8/2006

ProfessorRichardH. Fallon

TeachingFellow

Cambridge,
MA

9/2006- 1/2007

Chambers of Judge
J. Harvie Wilkinson III

Law Clerk

Charlottesville,
VA

6/2007-6/2008

Department of Justice

Attorney

Washington, DC

10/2008-7/2009

Law Clerk

Washington,
DC

7/2009-7/2010

Department of Defense
Office of the General Counsel

SpecialCounsel

Washington,
DC

8/2010- 1/2012

Department of Justice
Office of Legal Counsel

Attorney- Adviser

Washington, DC

1/2012- 12/2012

Deputy Assistant and Washington, DC
National Security Council (NSC) Staff Counsel to the President
& NSC Legal Adviser

1/2013- 1/2017

Civil Division,AppellateStaff
Chambers of Justice

Stephen
Breyer

WhiteHouseCounsel’s
Office/

N/A

Washington,
DC

3/2017-4/201 7

State Department
Fulbright Foreign Scholarship Board

BoardMember

Washington,DC

2/2017-5/2019

Sidley Austin LLP

Partner

Washington,DC

11/2017-present

PTFund Inc

Volunteer: National

Washington, DC
SecurityPolicy and
NSC Agency Review
Teams of the Biden Transition

8/2020- 1/2021

Self-employed (one consulting
project between time at White
House Counsel’s Office and Sidley)

(on leavefrom Sidley Austin LLP)

9.

GOVERNMENT EXPERIENCE(iNDiCATEEHPERiENaB IN OR ASSOCIATION WITH FEDERAI,
STATE, OR LOCAL GOVERNMENTS, INCLUDING ADVISORY, CONSULTATIVE, HONORARY, OR

OTHERPART-TIME SERVICEORPOSITION.DONOT REPEATINFORMATIONALREADY

PROVIDED
IN QUESTION
8).
See response to Question #8.

10. INDICATEANY SPECIALIZEDiNrELLiGHNCEORNATIONAL SEcuRiFYE}nERTiSEYouHAVE
ACQUIRED HAVING SERVED]NTHEPOSITIONS DESCRIBED IN QUESTIONS8 AND/OR 9 .

Much of my legal careerhasbeen dedicatedto national security and intelligence-relatedmatters. As Special
Counsel to the GeneralCounsel of the Departmentof Defense(DoD), 1 provided legal adviceon a range of
national security issues,with a focus on military operations and sensitive litigation matters. This role also
afforded me my initial opportunity to particilnte in legal discussionswith lawyersfrom acrossdepartments
and agenciesand to seehow the Executive Branch’s interagency legal processworks. From DoD, I went to
the Department of Justice’s Office of Legal Counsel, where much of my work involved the analysisof
sensitive national security and intelligence issues. And I then served as the Deputy Legal Adviser and then

l£gal Adviser to the National Security Council, where I worked closely with lawyers from acrossthe U.S.
Government,including the Office of the Director ofNatioInl Intelligence (ODNI) and elsewherein the
Intelligence Community, and gained substantialexperienceadvising senior clients on a wide range of
national security and intelligence-related issues.
During my time in Governmart, I thus had the opportunity to work closely with lawyers and othu officials
from the Intelligence Community and developedfamiliarity with many of the legal frameworks that govern
intelligence collection and operations, suchas the National Security Act, the Foreign Intelligence
Surveillance Act, and key PresidentialDirectives (e.g., Executive Order 12333). 1 also counseledsenior
clients on how theselaws are relevant to national security and intelligence activities.
Moreover, sinceleaving government, a large portion of my practice hasfocusedon cybersecurity and other
issuesregarding the information economy, topics ofcurrmt relevanceto the Intelligence Community. In
particular, I have advised numerous companies on information security and compliance with cybersecurity

regulations; dataprivacy, including cross-borderdataflows; and the application of legal regimes to new
technologies. This experiencehaskept me abreastof many of the legal developments(at least those that are
unclassified) over the past few years.

11. HONORS AND AWARDS (PROVIDE INFORMATION ON SCHOLARS ims, FELLOWSHPS,

HONORARYDEGREES, MILrrARY DECORATIONS,CIVILIAN SERVICE CITATIONS, OR ANY

OTHERSPEciALRECoavmoN

FOROUTSTANDINGPERFORMANCE
ORACHiEVEMENr).

Intelligence Community SealMedallion (2017)
Central Intelligence Agency Director’s Award (2017)
Office of the Secretaryof DefenseAward for Excellence (2012)
Harvard Law School:

Graduated magna cum laude

Articles Committee ( ABC) Chair, Harvard Law Review
Ames Moot Court Semifinalist (oralist)

Cornell University:

Graduatedcumlaude in English and with distinction in all subjects
Phi BetaKappa

12. ORGANIZATIONAL AFFILIATIONS (LIST MEMBERSHIPS IN AND OFFICESHELD WITHIN THE
LAST TEN YEARS IN ANY PROFESSIONAL, CIVIC, FRATERNAL, BUSINESS, SCHOLARLY
CULTURAL, CHARITABLE, OR OTHER SIMILAR ORGANIZATIONS).

ORGANIZATION
American Bar Association

OFFICEHELD

DATES

Member

2017-present

American Society of International Law Member

201 7-2020

District of ColumbiaBar

Member

20 18-present

HostageUS

Member, Advisory Council

2019-present

Just Security

Member,AdvisoryBoard

2019-present

National Task Force on Election Crises Member

2020

NYU School of Law

Non-Resident Senior Fellow

20 18-present

Member

2008-present

Reiss Center on Law and Security
Pennsylvania Bar

13. PUBLISHED WRITINGS AND SPEECHES(LIST THE TITLES, PUBLISHERS, BLOGSAND
PUBLICATION DATES OF ANY BOOKS, ARTICLES, REPORTS, OR OTHERPUBLISHED

MATERIALS YOUHAVEAUrHORED. ALSO LIST ANY PUBLIC SPEECHES
OR REMARKSYOU
HAVE MADE WITHIN THE LAST TEN YEARS FOR WHICHTHEREIS ATEXT,TRANSCRirr, OR
VIDEO). IF ASKED, WILL YOU PROVIDE A COPYOF EACH REQUESTED PUBLICATION. TEXT,
TRANSCRIPT, OR VIDEO?

To thebest of my ability, I have identified materials responsiveto the questionand have provided links
where available. In many cases,I spoke without written remarks or with only notes or slides, but I will, of
course,provide a copy of any requestedpublication, text, transcript, or video to the extent one is available.

GENERALWRITINGS
Publications in Periodicals, oil Blogs (other than those specifIcally noted below), or in Similar Fora
•

United Slates, The Privacy, Data Protection, and Cybersccurity Law Review (October 2019).
available at https://www. sidley. com/-/media/publicatialgunited-states-2019.pdPla=en (with Alan
Charles Raul and Snezhana Stadnik Tapia).

•

CongressMust Protect America’s Treaties, Foreign Affairs (July 17, 2020), available at
https://www.foreignaffairs.conVarticles/2020-07-17/congress-must-protectamericas-treaties(with
Scott R. Anderson).

•

Trump Could Lose and Not Leave. But Cabinet Members Who Try to Help Face Prison. ,

Washington
Post(July 9. 2020),availableat
https://www
.washingtonpost
.com/outlook/2020/074)9/peaccful-trar6it
ion-power-FumpF
(with
Joshua Geltzer and Laurence Tribe).
•

Carpenter and E\'VTthing After: The SupremeCoun Nudgesthe Fourth Amendmentinto the
Infornration age, American Bar Association Infrastructure and RegulatedIndustries Journal
(Summer 2019). available at https://www.sidley.conV-/rTedia/publications/fonzone-et-al-

inf v058n04 summer2019.pdPla=en(with Kate Heinzelman and Michael R. Roberts).
'

“ This Could Be Heavenor This Could Be Hell“: Getting Ready.for the (Hotel) Califolnia
Consulner PrIvacy Act of' 2018, International Journal fu the Data Protection Officer ( April 2019)
(with Clayton Nonhouse).
•

Carpenter v. United States.'A Revolution in Fourth Amendment Jullspntdence?, Pratt ’s Privacy &

Cybersecurity Law Report, Volume: 4 Number: 9 (November/December2018), available at
https://www .sidley.com/-/nedia/pubbcation#pratts-privacy--cytErsecurity-law-nportcarpenter-vunited-states-a-revolution-in-fOLrth-amendment pdPla=en (with Kate Heinzelman and Michael R.
Roberts)

•

The Ttump Administration's Approach to Data Privacy, and Next Steps, Law360 (September1S,
2018), available at https://www. law360.conVarticles/ 1086945/the-trump-admin-approach-to-data-

privacy-and-next-steps
(with Alan CharlesRaul).
•

Why it’s Unconstitutional for Politicians – including the President– to Block People on Social
Media, Washington Post Outlook ( September 26, 2018), available at

https://www.washingtonpost.com/outlook/2018/09n6/why-its-uncorBtitutiornl-politiciansincluding-president-block-Fxople-social-media/ (with Joshua A. Geltzer).
e

After LabMD. QuestionsRenrainfor the Healthcare Sector, Digital Health Legal ( August 15,2018)

(with Kate Heinzelman).

•

•

Life Sciencesand the AI Revolution, Chambersand Partners( Jure 2018) (with Kate Heinzelman).
What Congress’sFirst Steps Into Al Legislation Porlend, Bloomberg Law (May 8, 2018), available
at https://news.bloomberglaw.com/tnsiness-and-practice/what-congresss-first-steps-into-ailegislation-portend (with Kate Heinzelman).

•

What the Military Law qf ObedIenceDoes (and Doesn ’a Do, American Constitution Society Issue
Brief ( March 20 18), available at https://www. acslaw.org/wpcontent/upload92018/04/What TIle Military Law of Obedience Does and Doesnt Do 0.Idf.

•

Should the Govenunent Regulate Artificial Intelligence? it Already is, The Hill ( February 26.

201 8), available at http://thehill.conVopiniur/technology/3756(Xi-should-the-governnnnt-regulateartificial-intelligence-it-already-is

•

(with Kate Heinzelman).

DFARS Cyber Complianceand Potential for FCA RM Law360 (December 18,2017), available at
https://www.law3 60.com/cybersecurity-privacy/articles/994933/dfars-cyber{ompliance-andpotential-for-fca-risk (with Colleen Brown and Robert Conlan).

•

Can Trump refuse to fIll key jobs? , The Hill (July 31, 2017), available at

http://thehill.com/blcHgpundits-blog/theadministration/3'H6064an-pnskknt-trump
defuse-b-fillkey-jobs (with JoshGeltzer).
•

It 's Not Easy Being Green. ,4Young Industry FacesIts Biggest Test, Financial ServicesMarketing
(September/October2001) (with SheriefMeleis).

Just Security Blog (see https://www. justsecurity.org/author/fonzorechristopher/)
+

•

•

The More Things Stay the Same:Why the Trump Adndnistration’s Countenenorism Strategy is
Surprisingly Conventional (November 13, 2018) (with Luke Hartig).
What the La\v of Military ObedienceCan (and Can’t) Do – What Happensif a President's Orders
are Unlawful? (May 4, 2018) (cross-postedat ACS Expert Blog, available at
https://www.acslaw.org/expcrtforurrVwhat-thc-lawof-militaryobedience-canand-cant<io-wtuthappens-if-a-presidents-orders-are-unlawful/).
For Quick and Strong Justice. Look to the Coutls – Not Guantanamo (November 1, 2017) ( with
Joshua Geltzer).

•

Delegating Commander-in-ChiefPowers – Where to Strike the Balance (May 30, 2017) (crosspostedasHo\v Much Should Trump Delegate fo His Generals?, Newsweek, available at
http://www.newsweek. com/how-much-should-trump<ielegate-his-generals-6 17M3).

•

How Trump ’s Team Can Use Obama's CountertenoHsm Pta)'book to Defeat al-Qa'ida and ISIL
(February 21, 2017) (with StephenPompa).

Lawfan Blog (see https://www.lawfareblog.com/contributor#cfulzone)
•

•

The Iron\’ of “ White House Warriors ’' ( August 15, 2019).
Can President Tntmp Just Leave Key Executive Branch Offices UnfIlled? (July S, 2017) (with
Joshua A. Geltzer).

Sidley Data Matters Blog (seehttps://datamattcrs.sidley .com/author/christopher-fonzone)
•

East Coast Meets WestCoast: Enter the Yiwinia ConsumerData Protection Act (March 4, 202 1)
(with Alan Charles Raul, Colleen TheresaBrown, Richard D. Klingler, Lauren Kitces and Marriam
Shah)

e Third Time’s the Charm: CCPA Regulations Finally Approved With Limited SubstantiveChanges
from June 2020 Version ( August 20, 2020) (with Colleen TheresaBrown, Alan Charles Raul, Sheri
Porath Rockwell and Michael R. Roberts).
•

HistoHc Charges: First Enforcement Action Filed by Nav York Department of Financial Services
Under CybersecuritpRegulation ( August 19, 2020) (with Colleen TheresaBrown. Ellen M. Dunn,
Joan M. Loughnane, Michael D. Mann, Alan Charles Raul, Michael R. Robuts and Laura Sorice).

e

The Return ofthe Mac: CCP A 2.0 QualifIes for California's November 2020 Ballot and Could

Usher in SweepingChanges fo CCPA (June 26, 2020) (with Colleen TheresaBrown, Kate
Heinzelman, Alan Charles Raul, Sheri Porath Rockwell and Christopher D. Joyce).

•

CCPA Enforcement Date Rapidly Approaching: Catifornia Attorney General ProposesRegulations
for Final Review With July 1, 2020 LessThan One Month Away (June 4, 2020) (with Colleen
Theresa Brown, Kate Heinzelman, Alan Charles Raul, Shed Porath Rockwell and Michael R
Roberts).

e

in Midst of COVID- 19 Pandemic, Senators Propose Privacy Bill Aimed At Businesses’ Use of

ConsumerData (May 7, 2020) (with Colleen TheresaBrown, Kate Heinzelman and Michael R.

Roberts).
e

Stay At Home Orders May Have Killed California’s Ballot Initiative to Expand CCPA [++Update –

But Californians for ConsumerPrivacy Say Maybe Not++] (May 4, 2020) (with Sheri Porath
Rockwell and Christopher D. Joyce).
•

CCPA Marches On: California Attorney General Proposes Further Revisions to CCPA

Regulations, Industry Pleadsfor EnforcementDelay Amid COYID- 19 Crisis (April 10, 2020) (with
Colleen Theresa Brown, Kate Heinzelman, Alan Charles Raul, Sheri Porath Rockwell and Michael
R. Roberts).
•

Coronavinrs Risks– U.S. and EuropeanEmployment and Privacy Law Issues(March 5, 2020)
(with SusanFanning, Wendy M. Lazerson, John G. Levi, Katherine A. Roberts, Colleen Theresa
Brown, Kate Heinzelman, William RM lang and Alan Charles Raul).

•

DoD IssuesCybersecurity Maturity Model CertifIcation Version /. a (February 24, 2020) (with
Co11emTheresaBrown and Robin Wright Cleary).

e

A February 2020 Surprise: California Attorney General ProposesSigni$cant Revisionsto CCPA
Regulations (February 12, 2020) (with Colleen TheresaBrown, Kate Heinzelman, Alan Charles
Raul, Shed Porath Rockwell and Michael R Roberts) .

•

CommentsSubmittedon California ConsumerPrivacy act of2020 – Initiative 19-0021 (November
12, 2019) (with Alan Charles Raul and Colleen Theresa Brown).

e

CCPA In-Depth Series: Draft Attorney General Regulations on Vert$cation, Children’s Privacy
and Non-Discrimination (October 24, 2019) (with Alan Charles Raul, Colleen TheresaBrown and
Sheri Porath Rockwell).

•

CCP A In-Depth Series: Draft Attorney General Regulations on Consumer Requests (October23,

2019) (with Alan Charles Raul, Colleen TheresaBrown and Shed Porath Rockwell).
•

CCP 4 In-Depth Series: Draft Attorney General Regulations on Consumer Notice (October 22,

2019) (with Alan CharlesRaul, Colleen TheresaBrown and Sheri Porath Rockwell).
e

Final California ConsumerPrivacy Act AmendmentsBring Practical Changes(But Your Business

May Now Be aCalifornia “Data Broker’') (September17, 2019)(with Alan CharlesRaul, Colleen
TheresaBrown and Sheri Porath Rockwell).
•

Carpenter and Everything After: The SupremeCourt Nudges the Fourth Amendmentinto the

Information age (September3, 2019) (with KateHeinzelmanand MichaelR. Roberts).

+ The CCPA Ripple Eject: Nevada PassesPH\lacy Legislation (June 11, 2019) (with Colleen

Theresa
BrownandElizabethMacGill).
e

NYC Automated Decision-Making Task Force Forum Provides Insight Into Broader Efforts to
Regulate ArtifIcial Intelligence (May 29, 2019) (with Shay Banerjee).

•

The New Congw.ssTurns to an Old Issue– The Possibility of ComprehensiveFederal Privacy

Legislation (March 18, 2019) (with Kristen Bartolotta).
•

FTC SeeksComment on Proposed Changes to its GLB A Safeguards and Privacy Rules (March 12,

2019) (with Seferina Bach and SnezhanaStadnik Tapia).
•

•

TakeawaysFrom CCPA Public Forums (February 12, 2019) (with Sheri PorathRockwell).
U.S. Department ofTransponation Issues Third Round of Guidance on Automated Vehicles

(November 5, 2018) (with Colleen TheresaBrown, Michael Mallow, Edward R. McNicholas,
Matthew J. Warren, Kate Heinzelman, Elizabeth Mac(}ill and Rachel Straus).
e

FERC Approves NERC’s Supply Chain Risk Management Reliability Standards and Directs NERC

to Expand Their Scope (October 29, 2018) (with Gina S. Khanna).
•

•

California and Preemption (October 10, 2018) (with Alan CharlesRaul).
White House and Pentagon Announce New Cyber Strategies (October 5, 2018) (with Feola

Odeyemi).
•

The Trump Administration’s Approach to Data Privacy, and Next Steps (October2, 2018) (with

Alan CharlesRaul).
•

SenateHearing on Federal Privacy Law.' Questionis Not WhetherBut What Form (September28,
2018) (with Alan Charles Raul, Clayton G. Nortbouse and StephenMcInerney).

•

Why it’s Unconstitutional for Politicians – Including the President– to Block People on Social
Media (September27, 2018) (with JoshuaA. Geltzer).

•

Movement Towards a ComprehensiveU.S. Federal Privacy Law: WitnessesPrepare to Testify in
Senate Hearing (September 25, 2018) (with Alan Charles Raul, Clayton G. Northouse and Stephen

McInerney).
•

Clean-Up Bill Advances to Amend the New California Consumer Privacy Act (September 5, 2018)

(with Alan Charles Raul, Colleen TheresaBrown, Kate Heinzelman and Shed Porath Rockwell).
e

Coalition Groups Weigh in on CCPA Clean Up Legislation (August 16, 2018).

•

After LabMD, QuestionsRemain for the Healthcare Sector(husH
Heinzelman).

•

South Carolina Becomesthe First State to Enact the National Association of Insurance
Cornmissioners(NAIC) Insurance Data Security Model Law (July 30, 2018) (with Stephen

McInerney).

15, 2018) (with Kate

•

California Enacts Broad Privacv Law'sModeled on GDP R (June 29, 2018) (with Alan Charles
Raul, Edward R. McNicholas, Colleen Theresa Brown, Cameron F. Kerry, Michael Mallow, Amy
Lilly and Ash Nagdev).

e

.4 Flun}' Qf RecentCybersecuHt}'Activjty.from the Trump Administration (June 25, 2018) (with
Michael R. Roberts and Laura Sorice).

•

11th Circuit Yacates LabMD Enfbrcement Order; Casts Doubt on Decades ofFTC C}bersecurit\,

Enfbrcentent Practices (June 12,2018) (with Timothy J. Muris, Alan CharlesRaul, CameronF.
KerTy. Colleen TheresaBrown and Elizabeth MacGiID.
•

Amid Growing Threats, White HouseDismantlesTop Cvbersecurit\' Post (May 29, 2018) (with
Cameron F. Kerry. Michael R. Roberts and Laura Sorice).

•

•

SupremeCoun Finds EIpectation of PR\'ac)'for Rental Car Driver (May 22, 2018).
DF AR Cybersecmlt}’ FAQs Provide Practical Guidance Highlighting Expansive Scope of
Contractor Requirements (May 15, 20 18) (with Colleen Theresa Brown).

•

•

•

Potential CongressionalAction on Cross Border Data? A Ptlmer on the CLOUD Act (March 13,
2018) (with CameronF. Kerry and Edward R. McNicholas).
National Academyof SciencesEncryption Study (February 21, 2018).
Alovement on Section 702 qf the Foreign Intelligence Surveillance Act (January V. 2018) (with
Kate Hcinzelman, Cam Kerry and Alan Raul).

•

Privac\ and Cvbersecurlt\Top /t?for 20/8 ( January2. 2018) (with Alan Raul, Ed McNicholas,
Cam Kerry, Colleen Brown, Wim Nauwclacrts, William Long, Clay Northouse, Isvari Mohan,
Gabrielle Whitehall and Maarten Meulenbelt) .

•

DFARS Cyber Compliance and Potential for FCA Risk (December 18, 2017) (with Colleen Brown

andRobert Conlan).
Sidley Updates (see https://www. sidley.com/en/insightg?keyword=Fonzone&articletypes=055f7666-68be4cfb-9579-8d5cdOf3cd55&currentviewid=c412cOcf-22a6-45ac-974a-

c7f6c0417c25&reload=false&scro11=
1371. 199951171875)1
•

COYID- 19 U. S. Employment La\t Update and Guidarcefor Empjoyers (May 1\ , 2020) (with
Wendy M. Lazerson, John G. Levi, Marketa Lindt, Katherine A. Roberts, Colleen TheresaBrown,

Alan CharlesRaul.Julie O’Donnell Allen, Eric G. Hoffrrun, Galit A. Knotz, Abigail Hudsonand
Katie Srccnan).
•

COVID- 19 – Privacy and C}’bersecurity: in Action Plan For Businesses( April 3. 2020) (with

ColleenTheresaBrown, William RM Long and Alan CharlesRaul).

1 Some of the Data Matters blog posts identified above were simultaneously released as a Sidley client alert;
I do not separately list such alerts here. (it is also possible that I was listed as a co-author on further alerts,
although I am not aware of any. )

•

hr Landmark Case,illinois SupremeCourt SetsLow Bar For Claims Under Illinois’ Biometric
Information Privacy Act ( January 30, 2019) (with Colleen TheresaBrown, GeetaMalhotra, Alan
Charles Raul, Daniel C. Craig and Stephen W. McInerney).

In addition to the writings above, I remember submitting a small number of blog postson Talking Points
Memo while I was in law school. I could not readily locate thesewritings on the Internet or in my files.
WRITINGS IN ACADEMIC JOURNALS
•

Senate v. President: A Moot Court on Treat\’ Withdrawal Powers, 113 PROCEEDINGS OF THE
ASIL ANNUAL MEETING 141 (2019) (with Ginger Anders, Scott Anderson, Curtis Bradley,

CatherinePowell and Donald Verilli. Jr. ).
e

What About Whenthe Best Vieit is the Best rfe\v?, 31 GEO. J. OF LEGAL ETHICS 305 (2018)

(with DanaRemus).
•

•

Note, Dissent, Corporate Cartels, and the Conrnrercial SpeechDoctllne, 120 HARV. L. REV. 18n
(2007)
Case Comment, The Supreme Court. 2005 Term – Leading Cases. 120 HARV. L. REV. 1259283

(2006) (diwussing Randall u Sorrell , 126 S. Ct. 2479 (2006)).
'

Recent Case,Capital Sentencing – Juror Prejudice – Colorado Supreme Court Holds Presence of

Bible in Jury Room Prejudicial – People v. Harlan, 109 P.3d 616 (Colo. ), cert. denied 126 S. Ct.
399 (2005), 119 HARV. L. REV. 646 (2005).

SPEECHES
AND SIMILARACTIVITIES
•

Congressional Study Group on Foreign Relations and National Security, Nuclear Command and

Control (May 7, 2020) (panelist).
•

Sidley Austin CCPA Webinar Series– The CCPA Has Kicked In: What to DoNow? (Jurllary 229
2020); The Final Countdown: What You Needto Know About the CCPA and its Draft Regplations
Before JamraD’ 1 (November S, 2019) ; California, Here W’eCome: Getting Read\' for the
California ConsumerPrivacy Act (March 27, 2019); Getting Readyfor the California Consumer
Privacy Act (September 25, 2018) (co-presenter at all four events).

•

•

e

•

George Washington Hospital Residency Program, Constitution Day! (or how to talk about things
that aren 7residency-related at parties) (September 16, 2019) (speaker).
National Committee on U.S.-China Relations, 2019 U.S. Foreign Policy Colloquiun, Questionso]
Liberty and Security (May 30, 2019) (speaker).
American Bar Association, 2019 Section of Litigation & Solo, Small Firm and General Practice
Division CLE Conference, ''Tnrmping’' International La\r? The Administration at the Half-Terrn
(May 3, 2019) (panelist).
American Society of International Law, 2019 Annual Meeting, Senate v. President : ,4 Moot Court

on the President'sTreat\' Withdrawal Pon'ers (March 28, 2019), available at
https://www. youtube.com/watch?v=BN8khPdNOKw&fcaturc=yartu.tx: ( counsel for the Senate).

•

USCYBERCOM Legal Conference2019,Persistent Engagenrellt & Domestic La\v Roundtable

(March 5, 20 19) (moderator).
•

•

Berkeley Center of Law and Technology, Conferenceon Privacy and Cybersecurity Law
Developmentsin China, the EU, and the US: CrossBorder Alignment and Compliance,Data
Governanceand ConsumerPrivacy under GDPR, APEC, China. and US Frameworks (March 1,
2019) (panelist).
Brennan Center Symposium on Emergency Powers, Presidential Enrergencr Po\\'ers. Former
Executive Branch OffIcials (January 16, 2019), available at https://www.c-span.orw/Mleo/?4570 12-

3/presidential-emergency-powers-executive.branch-omcials&evenb457012&playEvent
(moderator)
•

American Society of International Law, 2018 Internatiornl Law WeekendConference,Refoule Me
Once, Shameon Who? The United States and Non-rqfoulement under the Convention Against
Totture in I mIredConflict (October 19, 20 18) (panelist).

•

Associationof Corporate Counsel.Managing Legal Risk in the hlfonnation Era – Emewing Trends
in Data Ptlvac\’ and C\'bersecurit\ Litigation and Enforcement (July 18.2018) (panelist).

e

The Society of International Economic Law 2018 Global Conference,Moderator. A Conversation
on SecuIltv-BasedInvestmentRestrictions (July 13, 2018), available at

https://media.weI.american.edu/Mediasite/Play/669379bg)9d447fl
bc6988aaebd78ee2
Id
(moderator).
•

1 lth Annual Sidley IMCLE Mini Marathon. LaIr on Me Cutting Edge: Elnerging Legal Issuesin
CFbersecrutty and A llificial

•

intelligence ( June 14, 2018) (co-presenter) .

Massachusetts Technology Leadership Council Privacy and Policy Series, The CLOUD .4 d &

Other Govetlllnent Access Programs yI Customer Privqcv (May 1, 2018) (co-presenter).
•

Princeton University, Woodrow Wilson School of Public and International Affairs, Defending
Democracy: Civil and Military Responses
to W’eaponized Information. Panel 4: Deterrence (April

7. 2018). availableat
http://www.kaltura. com/index.php/extwidget/preview/partner id/1449362/uiconf id/142

92362/entry id/l luOwfy(b/embed/auD?&flashvars[streamerTypel=auto
(panelist).
•

•

Sidley Privacy and Cybersccurity Roundtable,The Future of Privac\' and Cvbersecutlt\’
Enforcement (March 26, 2018) (panelist).
2018 Life Sciences College: Fostering Innovation Within the Regulatory Landscape,Anincial

Intelligence in Pathology: Raising the Bar for N4edicine'sGround Tnrth (March 20, 2018)
(moderator ).
•

•

Sidley Tech Forum, Tech Policy in an Age of Regulatory Uncertaiut\' ( January 24, 2018) (panelist).
National Constitution Center,Podcast: A The Fight Against ISIS Legal? (November 10.2017).
available at https://constitutioncenter.org/interactive<onstitution/podcast/podcast-is-the-fightagainst-isis- legal (panelist).

e

Council on Foreign Relations, International and National Security Law Roundtable Series,The
T7umpAdministration’s National Security Law Policies: A Nine-Month Assessment(November2,

2017)(speaker)
.
•

Harvard Law School, Conferenceon Challengw in the Application of IHL to Contanporary Armed
Conflicts, IHL's Role in the Policy-Making Process:Now and Looking Forward (April 1, 2017)
(speaker).

•

USCYBERCOM Legal Conference 2015,Address During Unclassified Day of the Legal
Conference (October 2015) (speaker).

PART B - OTJAT.IFICATTONS
14. QUALIFICATIONS (DESCRIBE WHy YOU BELIEVE YOU ARE QUALIFIED TO SERVE AS THE

GENERALCOUNSELFORTHE OFFICEOFTHE DIRECTOROFNATIONAL iNrELLiGENCE).
I have spent many years working on national security and intelligence legal issuesfrom multiple vantage

points –as an agencycounsel,attorney at the Department of Justice, National Security Council (NSC)
lawyer, and in private practice – and I believe these varied experiences have helped prepare me to serve as

the Gmeral Counsel for the Office of the Director of National Intelligarce (ODNI).
In particular, through my priorexpniences, I am familiar with many of the legal regimes that apply to the
Intelligence Community, such that I understand many of the substantive issuesI would face if confirmed as

ODNI’s GeneralCounsel. My prior rolesalso allowed me to work with lawyersfrom acrossthe U. S.
Government,creating relationships and providing experiencesthat would be very beneficial not only in
performing ODNI ’s essentialintegrating role, but also in navigating the interagency legal process.
During my time at theNSC, I was also able to lead an Executive Branch legal office – the NSC l£gal
Adviser’s Office – that worked alongsidelawyers from the Intelligence Community on a number of timesensitive and important legal issues. In this role, I managed a team of senior U.S. Government national

security lawyers, learning how to support them as they used their expertiseto addressthe many legal issues
that came before the office. I also was able to gain substantial experience counseling senior officials on

pursuing their national security objectives consistentwith the law, being careful to distinguish legal advice
from more genaal counselingon risks and opportunities.

15. POLiTicALACTivrriES

(LiSTANYMEMBmSrms

OR OFFICESHELDINOR FINANCIAL

coNIRiBurioNS OR SERVICES RENDERED TO,ANYPOLITICAL PARTY, ELECTION

COMMITTEE,
POLITICAL
ACTioNCOMNwm,ORINDIVIDUAL
CANDIDATE
DURING
nu
LAST TENYEARS).
Contributions:

Biden for President

$ 1,000(9/2020)

Biden Victory Fund

$ 1,000 (9/2020)

Biden for President

$ 1,000 (4/2020)

Biden for President

$1,000 (11/2019)

Sidley Austin LLP Good Government Fund

$500 (3/2019)

Friends of Dan Feehan

$250 (10/2018)

Andy Kim for Congress

$500 (10/2018)

Colin Allred for Congress

$250 (7/2018)

Mama Sullivan for Congress

$500 (3/2018)

ActBlue

$10 (3/2018)

Andy Kim for Congress

$500 (3/2018)

Sidley Austin LLP Good Government Fund

$500 (12/2017)

Other Activities: in addition to the abovecontributions, I wasa member of the Legal Working Group for
the Counterterrorism Policy Committee for the Biden campaign.

16. CANDIDACYFORPUBLIC OFFICE(FURNISHDETAILSOFANY CANDIDACYFORELECTIVE

PUBLICOFFICE).

I haveneva beena candidatefor electivepublic office.

17. FOREIGN AFFILIATIONS

(NOTE:QUESTIONS17A AND B ARE NOT LIMITED TORELATIONSHPS REQUERING
REGISTRATION UNDER THE FOREIGNAGENTS REGISTRATION ACT. QUESTIONS 17A, B, AND C
DO NOT CALL FORA POSITIVE RESPONSEIF THE REPRESENrATiON OR TRANSACTION WAS
AUrHORiZEDBY THE UNITED STATESGovERNhaENr IN CONNECTIONWITH YOUR OR YOUR
SPOUSE’SEMPLOYMENr INGOVERNMENFSERVICE.)

A. HAVE YOU OR YOURSPOUSEEVERREPRESENrEDIN ANY CAPACITY (E.G.EMPLOYEE,
ATTORNEY,ORPOLITICAL/BUSINBS CONSULTANr), WITHOR WITHOUT

COMPENSATiON,AFOREiGNGOVERNMENr
ORANENriWCONrROLLEDB YAFOREIGN
GOVERNMEM? IFSO, PLEASE FULLYDESCREBESUCH RELATIONS Fm.

In 2018, Sidley Austin LLP filed an amicus brief and argued in the Supreme Court on behalf of the Ministry

of Commerceof the People’s Republic of Chinain Animal ScienceProducts, Inc. v. Hebei Welcome
Pharmaceutical Co. Ltd. My sole involvement wasparticipation in a moot court to prepareother advocates
for the argument.

In 2019 and 2020, at the requestof a putnu, I contributed to the U. S. sectionof a quarterly report on global
privacy developmenFsprovided to the Hong Kong Trade Development Council, a statutory body basedin
Hong Kong.
Because it is often unclear whether an entity is foreign government-controlled

and because Sidley Austin

does not systematically track clients in that way, it is possible that Sidley Austin may have clients I
represented that might be characterized by somc as rcsponsivc to this question. Accordingly,

I have

provided my full client list in responseto Question #35.

B. HAVE ANY OF YOUR OR YOUR SPOUSE'SASSOCIATES REPRESnfrED, IN ANY CAPACITY,
WITH OR WITHOUt

COMPENSATION.

A FOREIGN GOVERNMENr

OR AN ENTITY

COIrrROLLED BY A FOREIGN GOVERNMENT? IF SO.PLEASE FULLY DESCRIBE SUCH
RELATIONSHIP.

As an international law firm with offices overseas,Sidley Austin hasa practice representing foreign
government and foreign government-controlled entities. The firm’s records, however, do not systematically

identify which clients are foreign government or foreign government{ontrolled entities. I have thus
reviewed the list of clients for whom Sidley wasregistered under the Foreign Agent Registration Act
(FARA) and consultedwith individuals who I belicve have knowledge of our international representations,
including in our New BusinesdConflicts Department. With respectto FARA, the list of clients for whom
Sidley was registeredsince I joined the firm is as follows:
•

•

•

•

•

•

beIN Media Group LLC
Department for International Trade, Governnnnt of the United Kingdom (current)
Government of Israel (current)
Hong Kong TradeDevelopment Council
JSC/VTB Bank (current)
TENEX, Joint Stock Company (current)

In an effort to bc as transparentas possible, I have also reviewed and am disclosing the firm’s filings under
the Lobbying Disclosure Act (LDA), which are publicly available at https://Ida.senate.gov/system/public/,

LDA registration canserve as an exemption from the need to register under FARA in certain circumstances.
Basedon my consultations, I also understandthat Sidley representsforeign government and foreign
government-controlled entities in engagementsthat would not be required to be reflected in a FARA or
LDA registration. Sidley undertakestheseengagementsin a number of practice areas,including global
arbitration, trade, and advocacy, U.S. litigatbn and disputes,investment funds, capital markets,global
finance, energy, immigration, and many other fields. These engagements have led to Sidley representing a

number of foreign governments(at times through their mtristries) and foreign government-controlled
entities, including thosefrom Bhutan, Canada,China, Colombia, Costa Rica, Guyana, Israel, Mexico, Peru,
Qatar, Senegal, Singapore, and the United Kingdom.
C. DURING THE PAST TEN YEARS, HAVE YOU OR YOUR SPOUSERECEIVED ANY
COMPENSATION FROM. OR BEEN INVOLVED IN ANY FINANCIAL OR BUSINESS

TRANSACTIONSWITH, AFOREiGNGOVERNMnVr OR ANY ENTITY CONtROLLED BY
A FOREIGN GOVERNMENT? IF SO,PLEASE PROVIDE DETAILS.

No. 1 do sharein the income ofSidley's partnership and that income has beenderived in part from
engagementswith foreign governmentsand entities controlled by foreign governmentsasdescribedabove.

D. HAVE YOU OR YOUR SPOUSE EVER REGISTERED UNDER THE FOREIGN AGENTS

REGISTRATION ACT? IF SO.PLEASE PROVIDE DETAILS.

No

18. DESCRIBEANYLOBBYF{GACTIVITYDURING
THE PASTTEN YEARS, OTHER IHAN IN AN
OFFICIAL U.S.GOVERNMENT CAPACITY, IN WHICH YOU OR YOUR SPOUSEHAVE ENGAGED
FOR THE PURPOSEOF DIRECTLY OR iNDiRECrLY

INFLUENCDVG THE PASSAGE. DEFEAT.

OR MODIFICATION OF FEDERAL LEGISLATION, OR FOR THE PURPOSEOFAFFEe'TING THE
ADMINISTRATION ANDE}QCUrioN OFFEDERALLAWORPUBLIC POLICY.
I am not and never have been a registered lobbyist. Since joining Sidley in 2017, a portion of my practice
has consisted of advising clients on legal matters involving federal law or public policy. Outside of
litigation, I do not recall appearing before the federal government during theseengagements.

19. DESCRiBEANYEMPLOYxagNr, BUSRqESSRELATiONSiap.FiNANaAL TRANSACTION.

INVESTMENT, ASSOCIATION, ORACTiviW(iNCLUDnqG, BUT NOT LIMITED TO, DEALINGS
WITH THE FEDERAL GovERNMRivr ON YOUR OWN BEHALF OR ONBEHALF OFA CLIENT),
WHICHCOULD

CREATE, OR APPEAR TO CREATE, A CONFLiCTOFiNrERESTiN

THEPOSrrTON

TO WHICH YOUHAVEBEENNOMINATHD.
During the nominations process, I have consulted with the Designated Ethics Official at the Office of the

Director of National Intelligence, who has, in turn, consultedwith the Office of Government Ethics, to
identify potential conflicts of interest. As a result of this process,potential conflicts with Sidley Austin
LLP, PT Fund, Inc., the NYU Reiss Center on Law and Security, and my spouse’s employers have been

identified in an Ethics Agreement, which has beenprovided to the Committee. More broadly, I will follow
the advice of ethics officials to addressany potential conflicts of interestidentified, in order to resolve them
in a manner that is consistentwith the conflicts of interest statutes,applicable standardsof conduct, and the
terms of my aforementionedEthics Agreemart.

20.

DO YOU iNrEND TO SEVERALLBUSINESS

CONNECTIONS WITHYOUR PRESENT EMPLOYERS,

FIRMS, BUSINESSASSOCIATES AND/ORPARTNERSrnPS, OR OTHERORGANIZATIONS IN THE
EVENt THAT YOU ARE CONFIRMED BY THE SENATE? IF NOT, PLEASE EXPLAIN.
Yes.

21.

DESCRIBE THE FINANCIAL ARRANGEMENrSYOUH AVE MADE OR PLAN TO MAKE, IF YOU
ARE CONFIRMED, INCONNECTION WITH SEVERANCEFROM YOUR CURRENr POSITION.

PLEASEINCLUDE SEVERANCEPAY,PENSiONRiGHrs. STOCKOPrioNS. DEFERREDINCOME
ARRANGEMENTS, AND ANY AND ALL COMPENSATION THAT WILL OR MIGErr BE RBCErVED
IN THE FUrURE AS A RESULT OF YOUR CURREIvr BUSINESS OR PROFESSIONAL

RELATiONSFnPS.
If confirmed, I will resign from Sidley Austin LLP. As described on my OGE 278e, Sidley will make a
lump-surn payment of my capital account and final partnership shareafter I withdraw, with the total amount
of the payment calculated as of the date of my withdrawal.

I will also continue to participate in Sidley’s

Savings and Investment Plan, Retirement Plan for Partners, and CashBalance Retiremerit Plan for Partners,

although the firm will not make further contributions after my separation.

22. DO YOU HAVE ANY PLANS, COMMITMENTS, OR AGREEMENTS TO PURSUEOUTSIDE
EMPLOYMENr,wiTHORwiTHOur

THEGOVERNMnfr?

CONPENSATTON, DURING YOUR SERVICE WITH

IF SO,PLEASE PROVIDE DETAILS.

No.

23. AS FARAS CANBEFORESEEN,
STATEYOURPLANSAFTERCOMPLETU{GGOVERNMnfr
SERVICE. PLEASE SPECniCALLY DESCRiBEANYAGREEMWrs

OR UNDERSTANDINGS,

WRiTrENORUNWRI TIEN,CONCERNRqG
EMPLOYb©NrAFrER LEAviNGGOVERNMENr
SERVICE. INPARTICULAR, DESCRBEANYAGREEMWrs, UNDERSTANDINGS, OR OPTIONS
TO RETURNTOYOURCURRENr

POSITION.

If confirmed, I do not have plans for what I would do after serving in the Government again. I have no
agreements or understandings, written or unwritten, concerning employrmnt after leaving government
service.

24. IF YOU ARE PRESENrLY IN GOVERNMENT SERVICE, DURUqGTHE PASTFIVE YEARS OF

SUCHSERViCE,HAVEYouRECErvED
FROMAPERSONOUrSiDE
OFGovERNMENr
AN
OFFERORE}@RESSION
OFINTERESTTO EMPLOYYOURSERviaESAFrERYOULEAVE
GOVERNMENr SERVICE? IF YES, PLEASE PROVIDE DETAILS.

Not applicable.

25. IS YOUR SPOUSEEMPLOYED? IF YES AND THE NATURE OF THIS EMPLOYNaENr IS RELATED
IN ANY WAY TO THE POSITIONFOR WHICH YOU ARE SEEKING CONFIRMATION. PLEASE
INDICATE YOUR SPOUSE’SEMPLOYER, THE POSITION,AND THE LENGTH OFTIME THE
POSITIONHAS BEEN HELD. IF YOUR SPOUSE’SEMPLOYMENT IS NOT RELATED TO THE
POSITION TO WHICH YOU HAVE BEENNOMINATED, PLEASE SOSTATE.
My spouse is employed and hm employrnmt is not related to the position to which I have been nominated.

26. LIST BELOW ALL CORPORATIONS,PARTNERSIEPS,FOUNDATIONS, TRUSTS.OR OTHER

ENTITIES TOWARDWHICH YOU ORYOUR SPOUSEHAVE FIDUCIARY OBLIGATIONSOR IN
WHICH YOU OR YOUR SPOUSEHAVE HELDDIRECTORSHIPS OR OTHER POSITIONSOF
TRUST DURING THE PASTFIVE YEARS.

NAME OFENTITY

POSITION

DATESHELD

SELF OR SPOUSE

INFORMATION REDACTED

27. LIST ALL Gms EXCEEDING$1001NVALUERECHVEDDURING THEPASTFIVE YEARSBY
YOU, YOUR SPOUSE,OR YOUR DEPENDENrs. (NOTE: GiFTSRECEivmFROM

RELATIVES

AND GIFTS GIVEN TO YOUR SPOUSE OR DEPENDENTNEEDNOT BE INCLUDED UNLESS THE
GiFr WAS GIVEN WITH YOUR KNOWLEDGE AND ACQUIESCENCE AND YOU HAD REASON TO

BELIEVE THEGIFT WASGIVEN BECAUSEOFYOUROFFICIAL POSITION.)
I am not certain if I have receivedany gifts in the pastfive years that are responsiveto this question,

althoughI notethe following:
On a few occasions,colleaguesfrom Sidley Austin have taken me to diIInn (sometimeswith my spouse)
and, on one occasion,to a Capitalsplayoff game; it is possible that the value of one or more of theseevents
may have exceeded$ 100. 1n 2017, whar I wasinterviewing with law firms, a couple offirns took me, in
one case with my spouse, to lunch and/or dinner, and it is also possible that the value of one of these meals

may haveexceeded$100.

28. LISTALLSECURITIBS. REAL PROPERTY.PARTNERS}EPiNrERESrs.OROTHERINVESTh©NIS
ORRECEIVABLESWITH A CURRENTMARKET VALUE (OR,IF MARKET VALUE IS NOT
ASCERTAiNABLE,ESTHaATEDCURRENrFAIR VALUE) IN EXCESSOF$ 1,000.(NOTE:THE
INFORMATIONPROVIDED INRESPONSE TO SCHEDULEA OF THE DISCLOSURE FORMS OFTHE
OFFICE OF GOVERNMENT ETHICS MAYBE INCORPORATED BYREFERENaE. PROVIDED THAT

CURRENTVALUATIONSARE USED.)
DESCRiPrioN

OF PROPERTY

VALUE

METHOD OF VALUATION

Please refer to my OGE 278e.

29. LISTALLLOANSOROTHERINDEBTEDNESS
{iNCLUDe{GANYCONriNGENr
LIABELrW N
EXCESS OF $ 10,000.EXCLUDEAMORTGAGE

ONYOURPERSONAL RESIDENCE UNLESS IT IS

RENrED our, AND LOANS SECUREDBYAUrOMOBiLES,HOUSHiOLDFURNiTURB OR
APPLIANCES. (NOTE: THE INFORMATIONPROVIDEDINRESPONSE TO SCHEDULE C OFTIn
DISCLOSURE FORM OFTHEOFFICEOF GOVERNMENT ETHICS MAYBE INCORPORATED BY

REFERENCE,
PROVDEDTHATCONIINGWT LiABErriB ARE ALSOINCLUDED.)
NATUREOFOBLIGATION

NAME OFOBLIGEE

AMOUNT

Pleaserefer to my OGE 278e.

30. ARE YOU OR YOUR SPOUSENOW INDEFAULT ON ANY LOAN, DEBT, OR OTHERFINANCIAL
OBLIGATION? HAVE YOU OR YOUR SPOUSE BEEN IN DEFAULT ON ANY LOAN, DEBT, OR

OTHER FINANCIAL OBLIGATIONIN THE PASTTEN YEARS? HAVE YOU OR YOUR SPOUSE
EVERBEENREFUSED CREDITOR HAD A LOAN APPLICATIONDENIED? IF THE ANSWER TO
ANY OF THESE QUESTIONS IS YES, PLEASE PROVIDE DETAILS.

No-

31.

LIST THE SPECIFICSOURCESAND AMOUNTS OFALL INCOMERECEIVEDDURING THE
LAST FIVE YEARS,INCLUDING ALL SALARIES FEES,DIVIDENDS, INIEREST, GiFrs,RENrs,
ROYALTiES,PATENrs,

HONORARLA, AND OTHER ITWS

EXCEEDHqG $200. (COPIES OF U.S.

INCOMETAXRETURNS FOR THESEYEARS MAYBE suBSTrrurm

HERE,BUT THEIR

SUBMISSION IS NOT REQUIRED.)

INFORMATION REDACTED

Note: The includes my individual income and the taxable income from all bank and investment
accountsheldjointly with my spouse. My spouseand I have not yet worked with our tax preparer to
finalize our 2020 tax returns, so the 2020 information in the table above is preliminary, although it
should be close to or at the forthcoming final totals.

32. IF ASKED, WILLYOUPROVIDE THE COMMiTrEEWiTHCOPEES OF YOUR AND YOUR SPOUSE’S
FEDERAL INCOME TAX RETURNS FOR THE PAST THREE YEARS?
Yes

33. LIST ALL JURisDicTioNsiNWHiai

YOUANDYOUR SPOUSEFILE ANNUAL INCOME TAX

RETURNS.

In addition to our federal taxes, we also file returns in Virginia and California (the latter due to my Sidley
partnership). I havealsoparticipatedin compositereturns filed by Sidley Austin LLP in multiple
jurisdictions.

34. HAVEYOURFEDERAL ORSTATETAX RETURNSBEENTHE SUBJECTOFAN AUDIT,
INVESTIGATION,ORINQUIRY AT ANY TIME? IF so, PLEASEPROVIDEDETAILS, INCLUDING
THE RESULT OF ANY SUCH PROCEEDngG.

In 2007, 1 moved to Charlottesville, VA for a clerkship while my spousewasfinishing her medical
residency in Boston, MA. With the assistanceof a tax prepmer, my spouseand I filed returns in

Massachusetts
andVirginia, but did not includemy Virginiawageson my Massachusetts
return. In 2010,
Massachusetts informed us that my Virginia wages should have been included on my Massachusetts return

(since I was working in Virginia asa non-resident), and we immediately corrected the return (with our tax
preparer offering free assistance).

35.

GIVEN YOUR ROLE AS AN ATTORNEY, PLEASE LIST ALL CLiENrs

AND CUSTOMERS WHOM

YOU BILLED MORE THAN $200 WORTH OFSERVICES DURING THE PASTFIVE YEARS.ALSO,
LISTALLJLRISDICTIONS

IN WHICH YOU ARE LICENSED TO PRACTICE.

I am currentlylicensedto practicein Pennsylvania
andtheDistrict of Columbia. In addition,I have
practiced before a number of federal courts (primarily as a government attorney when I was with the Civil
Appellate Staff at the Department of Justice).

I have listed below major clients (which I am considering to be clients to whom 1 billed more than 50 hours
since I joined Sidley Austin in November 2017) :

American College of Medical Genetics and Genomics
Angeles Investment Advisors, LLC

AppleInc.
AT&T Corp.
AT&T, Inc.
CharterCommunications,Inc.
CUNA Mutual InsuranceSociety
GCI Liberty, inc.
LPL Financial, LLC
Microsoft
Morgan Stanley
StoneX Group, Inc.

Twitter,Inc.
Vitalize LLC
I have worked fewer hours for the following clients:
22C Capital LLC

Abbott Laboratories

AdvisorGroup,Inc.
AFLAC Incorporated
Akastor ASA
Aledade, Inc.

Ancient Managwrent LP
Altamont Capital Partnws

Alticor Inc.

Anchorage Capital Group, LLC
Aramark Corporation

Archer Daniels Midland Company

Argo GroupUS, Inc.

Ashcombe
Limited
Atento SA

Atrium Health
Autodesk
BalyasnyAsset ManagementL.P.
Banc of America Securities LLC
Bank of America
Basecamp,LLC
BDev Ventures,LLC
Best Buy Co. Inc.
Boxed Water is Better, LLC
Cadian Capital Management, LLC
Canyon Partners LLC

CapitalIntegration Systems,LLC
CardiovascularSystems,Inc.
CIGNA Corporation

CIT Group,Inc.
CivisAnalytics,Inc.
College of American Pathologists

Cort BusinessSwvicesCorporation

D.A. Davidson& Co.

Deloitte LLP Board of Directors

DIRECTV,LLC
DW Partners,
LP
EagjeMatuials. Inc.
EnterpriseProductsPartners,L.P.
EurazeoSE
Evercore Partners

ExodusPoint Capital Management,LP
Expanse, Inc.
Facebook, Inc.

Farallon Capital Management,LLC
First l£gal Network, LLC

First ServiceResidential,
Inc.
FreedomFinancialNetwork,LLC
FS Brands, Inc.
Gamma Biosciences L.P

GoldmanSachs& Co.,LLC
Goldman Sachs International
Great Hill Partners

Hilltop Securities,Inc.
HMS Holdings Corp.

HobbesHueyHoldings,LLC
Hoffman - la RocheInc.
Home Partnersof America Inc.
Hong Kong Trade Development Council
Huawei Technologies,Co. Ltd.

HuskyMarketing and SupplyCompany
Hyundai Motor America

ICAGruppen
AB
In-Q-Tel, Inc.
Insmed Incorporated
IT:Renew, Inc.

JPMorgan Chase
King Street Capital Management, L.L. C.

Kohlberg Kravis Roberts& Co. PartnersLLP
Ku%re US Holdings, Inc.
Las VegasSandsCorp,
Len the Plumber,LLC
Lone Pine Capital
MagnitudeCapital, LLC
MarathonAsset Management,LP
Marlin ManagementCompanyLLC
Mastercard
McKessonCorporation
MiMedx Group, Inc.
Ministry of Commerceof the People’sRepublic of China
National HockeyLeaguePlayerstAssociation
NeurohackerCollective, LLC
Nevro Corp.
New FM Acquisition CompanyLLC
New York Life InsuranceCompany
News UK & Ireland Limited
Nu Skin Enterprises,Inc.
Old Republic Intunational Corporation
OMERS Private Equity Inc.
OneTechnologiesLLC
Pacific CoastManufacturing,Inc.
PagnatoKnp Partners,LLC
PalisadeCapital Management,L.L. C.
Perforce Software,Inc.
PremierPerformanceProdrnts
Pruco Securities,LLC
QueenlsPark Equity GP Co Limited
RecordedFuture
Roche Molecular Systems, Inc.

RohrerCorporation
Safe Harbor Marinas, LLC
SeattleGenetics,Inc.
Service.com,Inc.
Sight Machine
Simon MarketsLLC
Siris Capital Group, LLC
Sixth StreetPartners,LLC
SpectraforceTechnologies,Inc.
SpencerFoundation
Susquehanna
InternationalGroup, LLP
SynchronyFinancial
TaconicCapitalAdvisors LP
Taylor M. Hill

TennesseeFine Wines and Spirits, LLC
The HollyFrontier Companies

The Incentrum Group
The Medicines Company
The Options Clearing Corporation
The Western Union Company

ThomaBravo,LLC
Thompson Street Capital Partners

TodayTix, Inc.
TowerBrook Capital PartnersL.P.

TPGGlobal,LLC
Trek Bicycle Corporation
Tricida, Inc.
Two Sigma Investments, LP

United Savices Automobile Association
Vector Capital Corporation
venBio Partners LLC

Vista Equity PartnersManagement
Vital ProteinsLLC
Waterfall AssetManagement,LLC
Wexford Capital LLC
Zingbox, Inc.
ZMC Management,L.L.C.
In addition, I have representedone client in a non-public investigative matter whose identity I am unable to
disclose because of bar ethical rules.

In 2017, before I started at Sidley Austin LLP, I also did some consulting work for Orin Kramer.

36. DO YOU INrEND TO PLACE YOUR FiNANCiALHOLDnVGS AND THOSE OF YOUR SPOUSE
AND DEPENDENr MEMBERS OF YOUR IMMEDIATE HOUSEHOLDINABLIND TRUST?IF YES,
PLEASEFURNISH DETAILS. IFNO, DESCRIBE OTHm ARRANGEMENTS FORAVOIDING ANY
POTENrIAL CONFLICTS OF INTEREST.

No. My financial interestsconsist of diversified mutual funds, bonds, and cashor cashequivalents. I will
follow the advice of government ethics officials to addressany potential conflicts of interest.

37.

IF APPLICABLE,LIST THELASTTHRm YEARS OFANNUALF]NANCIAL DISCLOSURERERORTS
YOU HAVEBEENREQUIRED TO FILE WITH YOUR AGENCY, DEPARTMENT, OR BRANCH OF
GOVERNMENT. IF ASKED, WILL YOU PROVIDE ACOPY OF THESE REPORTS?

I do not recall being asked to file an annual financial disclosure report during the last three years.

PART E = ETHIC All MATTERS
38. HAVE YOU EVERBEENTHE SUBJECTOFADiSCiPLiNARYPROCEEDmG ORCITED FORA
BREACH OF ETHICS OR UNPROFESSIONAL

CONDUCTBY,

OR BEEN THE suBJEcr

OF A

COMPLAINF TO, ANY COURT,ADMINISTRATIVE AGENCY,PROFESSIONAL
ASSOCIATION

DISCIPLHqARY COMv£rrrEB

DETAILS

OR OTHER PROFESSIONAL GROUP? IF SO, PLEASE PROVIDE

No.

39. HAVE YOU EVERBEENINVE$TIGATED, HELD, ARRESTED.ORCHARGEDBYANYFEDERAL.
STATE. OR OTHER LAW ENFORCE}vENrAUIHORrrY

FOR VIOLATION OF ANYFEDERAL

STATE.COUIqW, OR MUNICIPAL LAW. REGULATION.ORORDINANCE.OTHERTHAN A
MINOR TRAFFICOFFENSE,ORNAMED ASA DEFENDANTOR OTHERWISEIN ANY
iNDiCTMENr

OR INFORMATIONRELATTNG TO SUCH VIOLATION? IF SO, PLEASE PROVIDE

DETAILS
No.

40. HAVE YOU EVERBEENCO}WICTED OFORENrEREDAPLEA OFGUILTYORNOLO
CONrENDERETOANY CRIMINAL VIOLATIONOTHERTHANAMINORTRAFFIC OFFENSE?IF
SO, PLEASEPROVIDE DETAILS.

No.

41 . ARE YOU PRESENTLY OR HAVE YOU EVER BEEN A PARTY IN INTEREST IN ANY
ADMiNiSTRATrVE AGENCYPROCEEDUgGOR CIVILLITIGATION? IF SO,PLEASEPROVIDE

DETAILS

No.

42. HAVE YOU BEENiNrERViEWED OR ASKED TO SUPPLYANY INFORMATION AS A WITNESSOR
OTHERWISEIN CONNECTION WITH ANY CONGRESSIONALINVESTIGATION,FEDERAT ' OR
STATE AGENCYPROCEEDING, GRAND JURYINVESTIGATION, OR CRIb©NAL OR CIVIL
LITIGATION IN THE PASTTEN YEARS? IF SO, PLEASEPROVIDE DETAILS.

In 2017, the Department of Justiceinterviewed me aspart of an investigation into anunauthorized
disclosure of classified information. As far asI am aware, I am not and have nevu been a target of the

investigation, and I have not been askedto provide any additional information sincethe one interview.

43.

HAS ANY BUSINESS OFWHICHYOUAREOR

WERE AN OFFICER, DIRECTOR. ORPARTNER

BEEN A PARTY TO ANY ADMINISTRATIVE AGENCYPROCEEDHqGORCRI&UNAL OR CIVIL

LITiGATiONRELEVANr
TOTHEPOSITION
TOWHiaiYOUHAVEBEENNOMINATED?IF
SO,
PLEASE PROVIDE DETAILS. (WITH RESPECrTOABUSiNESS

OF WHICH YOU ARE OR WERE

AN OFFICER,YOUNEEDONLY CONSIDERPROCEEDDqGS
AND LITIGATION THATOCCtRRED
WHILE YOU WERE AN OFFICER OF THAT BUSINESS.)

To the bestof my knowledge,no.

44.

HAVE YOU EVERBEEN THE SUBJECT OF ANY INSPECTOR GENERAL INVESTIGATION? IF SO,
PLEASE PROVIDE DETAILS.

No.

PART F =SFdCIJRITYINFORMATION
45. HAVE YOU EVER BEEN DENIED ANY SECURITY CLEARANCE OR ACCESSTO

CLASSIFIEDINFORMATION FORANY REASON?IF YES,PLEASEEXPLAININ DETAIL.
No.

46. HAVE YOU BEENREQUIRED TO TAKE A POLYGRAPH EXAMINATIONFOR ANY
SECURITYCLEARANCEOR ACCESS TO CLASSIFIED INFORMATION? IF YES, PLEASE

EXPLAIN
No.

47. HAVE YOU EVER REFUSEDTO SUBMIT TOA POLYGRAPHEXAMINATION?IF YES,PLEASE
EXPLAIN.
No.

EARthAnBillaNAIdBEaRMAlIQN
48.

DESCRIBE IN YOUR OWN WORDS THE CONCEPT OF CONGRESSIONAL OVERSIGHT OF U.S
INTELLIGENCE ACTrViTEES.IN PARTICULAR, CHARACTERIZE WHAT YOU BELIEVE TO BE
THE OBLIGATIONS OF THE GENERAL COUNSEL FOR THE OFFICEOF THE DIRECTOR OF
NATiONALiNrELLIGHNCEAND THE iNrELLiGENCECOmTrrBS OF THE CONGRESS,
RESPECTiVnY, IN THE OVERSIGHT PROCESS.

Under the Constitution, the institutions of the federal government, inchxling the Intelligence Community,
are accountable to the American people. Congress, through the exercise of its oversight functions, plays a

key role in ensuring this is the case,and this role is particularly important when it comesto national security
and intelligence matters, which often must be conducted in secret. The Intelligence Committees have access

to classified information that is not widely available, and they thus play a crucial role in reviewing the
Intelligence Community’s activities to ensurethat they are not only lawful but also in the Nation’s interest.
The General Counselof the Office of the Director of National Intelligence (ODNI) hasa key role to play in
ensuring that this oversight regime is effective. Congress has enacteda number of laws that place a

responsibility on the Director of National Intelligence to provide information to and work with the
CongressionalIntelligence Committees, most prominently a law that requires the Director to keep the
Committees “fully and currently informed” of intelligence activities, including “any significant anticipated
intelligence activity and any significant intelligence failure.” I believe that, asODNI’s chief legal officer,
the General Counsel must assist the Director in interpreting and complying with thesestatutory
requirements, and more broadly help the Director maintain an effective relationship with Congress.

49. EXPLAIN YOURUNDERSTANDING OF THE RESPONSIBILITIESOF THE GENERAL COUNSU

FORTHE OFFICEOFTHE DIRECTOROFNATiONALINrELLIGENCE.

By statute,the GeneralCounselis the “chief legal officer of the Office of the Director of National
Intelligence” and “shall perform suchfunctions asthe Director of National Intelligence may prescribe.”
Consistent with this text, if confirmed, I believe my primary responsibility will be advising the Director so
she can carry out her duties in a lawful manner. I would also anticipate supporting her leadership of ODNI

in other ways, including by assistingher in carrying out her statutory responsibility to ensurethat
Intelligence Community componentscomply with the Constitution and laws of the United Statesand by
providing counsel on the many questionsthat may crossher desk where the law does not provide a
determinate answer but there are relevant legal and ethical considerations.

In addition to advising the Director, my understandingis that, asODNI ’s chief legal officer, the General
Counsel will work with the team of attorneysin the General Counsel’s office to handle the full range of
legal and ethical issuesbefore ODNI and adviseand provide counsel to the Office’s senior officials and

otheremployees.
As noted above, I anticipate that a key part of the General Counsel’s responsibilities to the Director and

other ODNI officials and employeeswill be advising on their obligations to, and providing counselon more
broadly maintaining an effective relationship with, Congress.
Finally, I believe the General Counselalso has an important role to play in advancing ODNI’s integration
mission, working with lawyers from acrossthe Intelligence Community to coordinate a responseto crosscutting legal questions. The General Counsel also frequently participatesin interagency legal discussions
beyond the Intelligence Community, ensuring that ODNI’s equities are represented in those discussions and

assisting other Executive Branch lawyers in thinking through any questionsof broader application.

AEEIRMAIIQN

I) CHRISTOPHER CHARLES FONZONE. DO SWEARTHAT THE ANSWERSI HAVE PROVIDED
TO THIS QUESTIONNAIRE ARE ACCURATE AND COMPLETE.

&f.'J,
“*'*' ;''-"'"‘
SIGNATURE OF NOTARY

OF CHRISTOPHER CHARLES FONZONE

TO THE CHAIRMAN, SELECr COMMITTEE ON INTELLIGENCE:
In connectionwith my nomination to be the GeneralCounselfor the Office of
the Director of National Intelligence, I hereby expressmy willingness to respond
to requeststo appearand testiB' before any duly constitutedcommitteeof the
Senate

SIGNATURE OF CHRISTOPHER CHARLES FONZONE

\.. I .::\+
b

_. .'-'\_

'.P)