Solicitor General Noel Francisco would become the acting deputy attorney general at the Department of Justice if Deputy Attorney General Rod Rosenstein is fired. The 49-year-old Francisco is the third-ranking Senate-confirmed official in the Justice Department, behind Attorney General Jeff Sessions, who has recused himself from the Russia investigation, and Rosenstein. If Rosenstein is fired, Francisco would be put in a position to oversee special counsel Robert Mueller’s investigation into Russia’s interference into the 2016 election. But Francisco could also recuse himself because of his ties to Jones Day, a law firm that has represented the Trump campaign. If Francisco recused himself, the next person in line would be Steven Engel, the Assistant Attorney General for the Office of Legal Counsel. Here’s what you need to know about Noel Francisco: 1. Francisco Was Sworn in as Solicitor General in September 2017 Noel Francisco was sworn in as Solicitor General of the United States on September 19, 2017, according to the Justice Department’s website. He was nominated to the position by President Donald Trump in March 2017. The Senate voted 50 to 47 to confirm his appointment to the position. The solicitor general and his office is responsible for representing the United States before the U.S. Supreme Court. Two of his mentors told NPR last year that the solicitor general position was Francisco’s “dream job.” Francisco is known as a skilled and talented lawyer, but some, including Trump’s allies, have questioned whether he would be the best person to oversee the special counsel’s investigation into Russian interference in the 2016 election. ” I can tell you, Noel Francisco, very talented lawyer, but to be Solicitor General, you have a specific skill set and running a Russia collusion investigation is probably not one of them,” former New Jersey governor Chris Christie told ABC News in April. 2. He Had Been a Partner at Jones Day, a Firm That Represented the Trump Campaign, Where He Argued Several Times Before the Supreme Court 2017 NAPABA Convention | Noel Francisco Keynote Speech#NAPABA17 2018-02-09T19:04:36.000Z According to the site Above the Law, Francisco is a former partner at Jones Day, a top law firm. DOJ’s bio for Francisco says “prior to joining the Justice Department, he was a partner in the Washington, DC office of Jones Day, where he was the chair of the Firm’s Government Regulation Practice.” Several Jones Day alums have joined the Trump administration. The firm represented the Trump campaign and as a result, Francisco could step aside from any involvement in the Russia investigation and from overseeing special counsel Robert Mueller because of a conflict of interest. While at Jones Day, says the DOJ bio, Francisco “appeared several times before the Supreme Court, including in McDonnell v. United States, which involved the meaning of “official act” under federal bribery statutes; Zubik v. Burwell, which involved the application of the Religious Freedom Restoration Act to regulations related to insurance coverage for contraception; and NLRB v. Noel Canning, which involved the Constitution’s recess appointment power.” The bio says he has also “argued numerous cases in the lower federal and state courts on a wide range of constitutional, civil, and criminal matters.” The Federalist Society said he also represented “the Free Enterprise Fund in a successful challenge to the constitutionality of the Public Company Accounting Oversight Board; and the International Coal Group in connection with a congressional investigation into the January 2, 2006 Sago Mine accident in Sago, West Virginia. He also advises clients in matters involving the Foreign Corrupt Practices Act, the Racketeer Influenced and Corrupt Organizations (RICO) Act, the Alien Tort Statute, and the Committee on Foreign Investment in the United States (CFIUS).” 3. Francisco Worked in the Department of Justice During President George W. Bush’s Administration & Was on His Legal Team During the 2000 Florida Recount From 2001 to 2003, says DOJ, “Francisco served in the Office of Counsel to the President as Associate Counsel to President George W. Bush, and from 2003 to 2005 he served as Deputy Assistant Attorney General in the U.S. Department of Justice, Office of Legal Counsel.” Politico called Francisco a “seasoned Republican attorney” and said he once worked with Ted Cruz “on the legal team supporting George W. Bush during the 2000 Florida recount.” 4. He Studied at the University of Chicago & Brandeis University Before Clerking for Justice Antonin Scalia Noel Francisco graduated from the University of Chicago with a bachelor’s degree in 1991 and then attended the University of Chicago Law School, graduating with honors in 1996, according to his Department of Justice biography. Francisco has also studied at Brandeis University, according to his Linkedin profile. After law school, Francisco clerked for Judge J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit before clerking for Associate Justice Antonin Scalia of the United States Supreme Court, according to the Justice Department. 5. Francisco Is the Son of a Filipino Immigrant & Adopted a Daughter From Russia With His Wife Noel Francisco grew up in Oswego, New York, according to his Department of Justice biography. He is the son of a Filipino immigrant, Nemesio Francisco, who moved to the U.S. with little money and not speaking much English, according to Syracuse.com. His father died at 53 of cancer after becoming a beloved doctor in Oswego. His mother, Therese Francisco, still lives in Oswego. He told The Post-Standard in 2012 he learned about politics while in his high school’s band. “I always say the first political lesson I learned was in high school,” Francisco told the newspaper. “There were more people in band than in sports, so by consolidating the band group, you could negotiate what you needed. You also could learn a lot about people from band because it was such as diverse collection of kids.” Francisco lives in Washington D.C. with his wife, Cynthia Francisco, and their two daughters. According to The Washington Post, Francisco adopted one of his daughters, Caroline, from Russia. She was born near Chechyna and Francisco and his wife adopted her in 2002 while he was working in the Bush administration.<doc-sep>With Deputy Attorney General Rod Rosenstein’s ouster, Solicitor General Noel Francisco is slated to oversee the Robert Mueller probe under the Justice Department’s succession plan. Mr. Rosenstein’s departure immediately throws special counsel Robert Mueller’s Russian collusion probe into chaos. Attorney General Jeff Sessions recused himself from the investigation leaving Mr. Rosenstein in charge. Typically, the investigation would fall to the number three spot at the Justice Department, but Associate Attorney General Rachel Brand resigned earlier this year. That leaves Mr. Francisco in line to oversee the probe, which President Trump has deemed a “witch hunt.” He hasn’t publicly addressed the probe, but has had harsh words for Mr. Mueller’s close friend, ex-FBI boss James Comey. Mr. Francisco was confirmed by the Senate in September 2017 on a narrow 50-47 vote, that fell largely along party lines. He once clerked for the late Supreme Court Justice Antonin Scalia, whom he referred to as his “dear mentor,” during his Senate confirmation. Although Mr. Francisco has remained mum on the Mueller probe he now stands to inherit, he has argued against government overreach in political corruption investigations. He even blasted frequent Trump sparring partner and ex-FBI Director James Comey for “heavy-handed” tactics in the bureau’s probe of former Virginia Gov. Bob McDonnell, a Republican. Mr. McDonnell’s conviction was vacated by the U.S. Supreme Court in 2016. Mr. Francisco has also accused Mr. Comey of using “kid gloves” in the investigation into Hillary Clinton’s use of a private email server while secretary of state. Prior to joining the Trump Administration, Mr. Francisco was a partner at the private law firm Jones Day, where he argued a number of cases before the U.S. Supreme Court. In fact, he argued that the Affordable Care Act’s contraceptive mandate infringes upon religious freedom in Zubik v. Burwell. Mr. Francisco was also a member of the legal team that represented President George W. Bush during the 2000 presidential election recount case. Mr. Francisco served in the White House Counsel’s Office under President Bush from 2001 to 2003 before becoming a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel from 2003 to 2005. In 2005, he left government to join Jones Day. Sign up for Daily Newsletters Manage Newsletters Copyright © 2021 The Washington Times, LLC. Click here for reprint permission.<doc-sep>Solicitor General nominee, Noel Francisco speaks during his Senate Judiciary Committee confirmation hearing on Capitol Hill, on May 10, 2017 in Washington, DC. Mark Wilson | Getty Images All eyes are on Solicitor General Noel Francisco amid reports Monday that Deputy Attorney General Rod Rosenstein could be on the chopping block. Rosenstein is expected to meet with President Donald Trump on Thursday to discuss his future with the Justice Department and the administration. If he's ousted or resigns, Francisco is widely expected to succeed Rosenstein as head of the Mueller probe. In that role Francisco would have enormous control over the Russia inquiry, including determining its scope and resources. While Rosenstein has advocated for Mueller's independence — in December, he told a House panel that "it would be very difficult to find anybody better qualified for this job" — Francisco has stayed mum, at least in public, on his views on the inquiry. A February sighting of Francisco dining with Rosenstein and Attorney General Jeff Sessions on the same day that Trump lashed out against Sessions, calling him "disgraceful," was perceived by some as evidence that there was daylight between Francisco and the president. Nonetheless, his expansive views on executive power worry the president's critics who fear that Francisco could limit the inquiry. They have also pointed to Francisco's former employment at Jones Day, the powerhouse law firm that has represented Trump and his allies for years, as a potential conflict of interest. Peter Carr, a spokesperson for Mueller, declined to comment. The Department of Justice did not respond to a request for comment. As the solicitor general, Francisco has vigorously defended Trump administration policies and successfully defended the constitutionality of a version of the president's travel ban in front of the court. A stalwart conservative, Francisco has largely kept his head down and avoided the limelight in an administration that has been riven by drama. He's a longtime resident of the Republican legal establishment, getting his start clerking for Antonin Scalia at the Supreme Court. On Friday, he was the keynote speaker at a Washington event hosted by The Federalist Society, an influential conservative legal group. Francisco also worked on the controversial election recount for George W. Bush, and later served in his administration for four years, first as associate counsel to the president and later in the Office of Legal Counsel as deputy assistant attorney general. Francisco has expressed skepticism of special counsel investigations. In 2007, amid the controversy surrounding Bush's firing of a number of U.S. attorneys, Francisco was asked about the possibility of appointing a special prosecutor. "My own personal belief," Francisco said at the time, "is that when you hand these issues off to the career prosecutors in the public integrity sections in the U.S. attorneys' offices in the Department of Justice, those attorneys are generally better able to assess whether a case should be pursued." Expansive view of executive power<doc-sep>For years, Noel Francisco has worked behind the scenes for two Republican Presidents, largely avoiding the spotlight. Now, all eyes are on him. Francisco, the current Solicitor General in the United States Department of Justice, is slated to take over supervision of the investigation of Russia’s alleged interference in the 2016 U.S. election should Deputy Attorney General Rod Rosenstein resign or be fired by Trump, both of which are believed to be distinct possibilities soon. Noel Francisco could have a major impact on the Russia probe if Rosenstein resigns or is fired But just who is Noel Francisco? Here’s all you need to know about him. Who is Noel Francisco? Noel Francisco is an attorney who currently serves in the Donald Trump administration as the Solicitor General of the United States. Notably, he’s the first Asian-American confirmed by the U.S. Senate to hold the position, being of Filipino descent. He was born in Syracuse, New York on August 21, 1969 and raised in the city of Oswego, New York. Francisco attended Brandeis University in Massachusetts and later the University of Chicago, graduating in 1991 with a Bachelor of Arts degree. He later received his Juris Doctor in 1996 from the University of Chicago Law School and then worked as a law clerk on the United States Fourth Circuit Court of Appeals and for the late U.S. Supreme Court Justice Antonin Scalia. Later, Francisco worked for the law firm Cooper & Kirk and also for the George W. Bush administration starting in 2001, first as an Associate Counsel in the Office of Counsel to the President before serving in the Office of Legal Counsel for the Deputy Attorney General in the U.S. Department of Justice from 2003 to 2005. Francisco later left the Bush administration in 2005 and returned to the private sector, working in the Washington, D.C. office of the law firm Jones Day where he argued a number of cases in Federal and state courts on a wide array of issues. After Trump’s election, Francisco was appointed Principal Deputy Solicitor General for the United States on January 23, 2017 while also serving as acting Solicitor General until March 10, 2017. On March 7, 2017, he was formally nominated to the positon of Solicitor General by the White House and confirmed on September 19, 2017 after a 50-47 vote in the U.S. Senate. After the resignation of Associate Attorney General Rachel Brand on February 8, 2018, Francisco became the third highest-ranking official currently in the U.S. Department of Justice. How old is Noel Francisco? Noel Francisco is 49 years old. He was born on August 21, 1969. Who is Noel Francisco’s wife? Noel Francisco’s wife is Cynthia Francisco. The couple currently resides in Washington, D.C. with their two daughters Maggie and Caroline. Role in Mueller probe if Rod Rosenstein is fired or quits In recent days, much speculation in Washington, D.C. has centered on what impact Francisco will have on the U.S. Department of Justice if Deputy Attorney General Rod Rosenstein resigns or is fired by President Trump. It was recently revealed that Rosenstein reportedly planned to attempt to oust Trump by secretly recording him to build a case for removing him via the 25th Amendment, which states that the members of the President’s Cabinet have the authority to notify Congress if they believe the President is incapable of performing his or her duties successfully, allowing Congress to vote on whether the Vice President should be made Acting President. Many have speculated that Rosenstein, above, may be fired by Trump or resign on his own While many expected Rosenstein to be swiftly terminated following this shocking revelation, Trump declined to do so, even inviting him into a Cabinet meeting to sit in for Attorney General Jeff Sessions, who was traveling at the time. Rosenstein will, however, meet with Trump on September 27 in a meeting that could possibly decide his fate in the President’s administration. Should Rosenstein ultimately be fired or resign from office, the consequences could be enormous. Notably, Francisco would oversee the Russia investigation currently being spearheaded by former FBI Director Robert Mueller. As the third highest-ranking spot at the U.S. Department of Justice, Associate Attorney General remains officially unfulfilled since Rachel Brand left in February, the task of overseeing the investigation into Russia’s alleged interference in the 2016 election will fall on Francisco, as Attorney General Jeff Sessions has recused himself from the probe. By overseeing the investigation, Francisco would have immense influence on the probe by having the authority to approve indictments and decide if Mueller can take the investigation into new ground. Most important of all, he would also have the authority to terminate Mueller if he wished to do so. Francisco has reportedly never overseen a criminal investigation before, though his past legal statements and writings have offered a glimpse into his views on Presidential power. ‘The president's constitutional responsibility to faithfully execute the laws requires adequate authority to remove subordinate officers. ‘The framers understood the close connection between the president's ability to discharge his responsibilities as head of the executive branch and his control over its personnel… ‘The president's ability to execute the law is thus inextricably linked to his authority to hold his subordinates accountable for their conduct,’ he argued before the United States Supreme Court in February 2018, indicating a fairly broad view of Presidential power. According to reports, Francisco also holds a skeptical view of special counsels, meaning that he could possibly not be nearly as open to supporting the Russia investigation as Rosenstein has. Ultimately, the fate of the Russia probe likely lies in the future of Rosenstein and whether he will retain his position as Deputy Attorney General or leave his post via termination by the President or by stepping down on his own.<doc-sep>
If Deputy Attorney General Rod Rosenstein is fired or quits, the Justice Department official overseeing the Russia investigation would be the solicitor general, Noel Francisco, who is actually fourth on the succession list. But it falls to him because the No. 3 spot at Justice is staffed with a person in an "acting" capacity, who would be skipped in the line of succession. It has not been permanently filled since Associate Attorney General Rachel Brand resigned in February. Attorney General Jeff Sessions remains recused from the Russia matter. That means Francisco would supervise special counsel Robert Mueller — discussing budgets, approving indictments and deciding whether Mueller can venture into new territory. And Francisco would be the person who would have to make the decision on whether to fire Mueller, according to Justice Department regulations, if there were cause to do so. Francisco, 49, is an archetypal conservative Republican lawyer. A member of the Federalist Society, he clerked for Supreme Court Justice Antonin Scalia and worked in the Justice Department during the George W. Bush administration. He also worked on Bush's behalf during the Florida recount that helped decide the 2000 presidential election. He has never, however, overseen a criminal investigation, and those who know him say he has no appetite for doing so. The solicitor general argues on the government's behalf before the Supreme Court, dwelling in the world of high-minded legal arguments, not subpoenas, wiretaps and grand jury testimony. His past writings and statements suggest that Francisco has a broad view of presidential power. "The president's constitutional responsibility to faithfully execute the laws requires adequate authority to remove subordinate officers," he argued before the Supreme Court in February. "The framers understood the close connection between the president's ability to discharge his responsibilities as head of the executive branch and his control over its personnel…The president's ability to execute the law is thus inextricably linked to his authority to hold his subordinates accountable for their conduct." Justice Department regulations say special counsels can be fired only for cause. But some people have argued that those regulations conflict with the president's absolute authority over anyone in the executive branch. Francisco may be best known for representing former Virginia ­Gov. Robert F. McDonnell in 2016 when the Supreme Court unanimously overturned McDonnell's conviction on corruption charges. Francisco served from 2001 to 2003 as associate counsel to the president, and from 2003 to 2005 as deputy assistant attorney general in the Office of Legal Counsel.