Kimberly L. Wehle

Counsel

Ms. Wehle is an experienced litigator, former assistant U.S. attorney, and internationally-recognized expert in constitutional and administrative law. She practices in the areas of government investigations and complex commercial litigation. Ms. Wehle is also a legal contributor for ABC News: www.kimwehle.com.

Ms. Wehle joined Levy Firestone Muse LLP with decades of experience in government and private practice covering a broad range of matters in federal and state courts across the country, including in the U.S. Supreme Court. She served as an assistant United States Attorney in Washington, D.C., and as an associate independent counsel in the Whitewater investigation under Kenneth W. Starr. She clerked for the Honorable Charles R. Richey, U.S. District Court Judge, Washington, D.C.

Her experience includes numerous civil and criminal appellate matters; federal investigations; Administrative Procedure Act and Freedom of Information Act litigation; employment litigation under Title VII of the Civil Rights Act and the Rehabilitation Act; multi-million-dollar insurance recovery litigation; complex creditor rights litigation; and federal election law litigation.

Representative matters include:

  • Represented amicus in TC Heartland LLC v. Kraft Foods Group Brands, LLC (SCOTUS 2017), regarding venue in patent-infringement cases. 
  • Represented amicus in Citizens for Responsibility in Ethics in Washington v. FEC (D.C. Cir. 2021), regarding the presumptions that apply to agency action.
  • Co-drafted amicus brief in Apple v. Samsung Electronics (Fed. Cir. 2015) on issues relating to the business interests of the smartphone industry.
  • Co-drafted amicus brief with Williams & Connolly in Pro-Football, Inc., v. Blackhorse (4th Cir. 2015), on behalf of Native Americans who supported the Redskins name as part of their cultural heritage. 
  • Argued a case involving Twombly/Iqbal pleading standards in the U.S. Court of Appeals for the First Circuit to a panel that included retired Supreme Court Justice David Souter.
  • Represented asbestos personal injury creditors in connection with the Celotex v. Catrett trust fund established in federal bankruptcy court in Florida.

Ms. Wehle is also a tenured law professor at the University of Baltimore School of Law where she teaches civil procedure, federal courts and administrative law. Currently, she is a visiting professor at American University’s Washington College of Law, where she teaches courses in election law, the American political process, risks to U.S. democracy, and the modern U.S. Supreme Court.

Ms. Wehle has consulted with members of Congress on draft legislation and other strategies for supporting American democracy. She is an advisor to Protect Democracy, working on matters that include Trump v. Vance (SCOTUS 2020), and Committee on the Judiciary of the House of Representatives v. McGahn (D.C. Cir. 2020). She is an advisor to The Rendell Center for Civics and Civic Engagement, a part of the Annenberg Public Policy Center of the University of Pennsylvania. She also served as a member of the 2018 Facial Recognition Task Force for The Constitution Project at the Project on Government Oversight (POGO).

She is the author of three books on civic literacy: How to Read the Constitution—and WhyWhat You Need to Know About Voting—and Why, and How to Think Like a Lawyer—and Why, all published with Harper Collins. Her forthcoming book with Woodhall Press is entitled, How the Pardon Power Works and Why.

Ms. Wehle is the author of numerous scholarly articles on issues relating to the separation of powers, executive power, administrative law, facial recognition technology and the Constitution, and government outsourcing. Her works have appeared in publications that include the Stanford Law & Policy ReviewNotre Dame Law Review, Washington University Law Review, and the University of Pennsylvania Journal of Law and Public Affairs.

She is the recipient of the prestigious 2020 University System of Maryland Board of Regents Faculty Award for Excellence in Research.

Ms. Wehle speaks widely on American law, with particular emphasis on voting and elections, the U.S. Supreme Court, and the U.S. Constitution. Her engagements have included a panel presentation with Harvard University Professor Emeritus Laurence Tribe for the 92nd Street Y; as a keynote speaker for the John Adams Society in Amsterdam, The Netherlands; as a panelist for the federally-funded National Constitution Center in Philadelphia, Pennsylvania; as a presenter for the Center for Enterprise Liability at the University of Copenhagen, Denmark; as a panelist for an event held by The Rendell Center for Civics and Civic Engagement that featured retired Supreme Court Justice Anthony Kennedy; as a regular speaker at the Maryland State Bar Association annual meeting; and as the 2021 commencement speaker for Radford University in Illinois.

In addition to her work as a legal contributor for ABC News, Ms. Wehle is a regular guest on NPR’s Morning Edition and is an opinion contributor for The Atlantic, Politico, and The Bulwark. Her work has appeared in numerous other journals, such as The Guardian and The L.A. Times. She served as a legal analyst for CBS News during the first impeachment proceedings of former President Donald Trump, appearing on Face the Nation. Before signing with ABC News, Ms. Wehle was a regular guest legal analyst on media outlets across the globe, including CNN, C-SPAN, PBS, MSNBC, NBC, BBC, Bloomberg News, the Canadian Broadcasting Corporation, France 24, Fox News, and Al Jazeera.

Ms. Wehle’s Substack newsletter, Simple Politics, aims to educate subscribers on legal and constitutional issues of national concern. Twitter and Instagram: @kimwehle.

Contact

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