John Demers

John Charles Demers (born September 21, 1971) is an Italian-born American lawyer who served as United States Assistant Attorney General for the National Security Division (NSD) from 2018 to 2021. He also served as acting United States Attorney General in his capacity as United States Assistant Attorney General for the NSD for a few hours following the resignation of Jeffrey Rosen at noon on January 20, 2021, until President Joe Biden signed an executive order naming Deputy Assistant Attorney General for Human Resources and Administration Monty Wilkinson as acting United States Attorney General later that day.

As U.S. assistant attorney general for the NSD, Demers was the top official for national security at the U.S. Department of Justice (DOJ). During his tenure in the NSD, he was selected by Attorney General Jeff Sessions to lead the China Initiative and oversaw counterespionage operations in foreign intelligence. Although nominated by President Donald Trump, he also served under the Biden administration, where he was the longest-serving Senate-confirmed official from the Trump administration that was retained.

Demer's exit from the Justice Department garnered attention when the 2017–2018 Department of Justice metadata seizures became publicly known in June 2021, which coincided with his departure. He was eventually succeeded by Matthew G. Olsen. Demers returned to work at Boeing afterward, where he previously had been a vice president and general counsel leading the company's international defense, space, and security affairs. His parents are Pina and Frank Demers, and he came from a family of teachers. He graduated from Holy Cross with his Bachelor of Arts, magna cum laude, in 1993 with membership in Phi Beta Kappa and the Jesuit honor society Alpha Sigma Nu. After graduation, he served as a law clerk for Judge Diarmuid O'Scannlain of the U.S. Court of Appeals for the Ninth Circuit from 1999 to 2000. He was a co-clerk with David Lat. He left the firm in May 2003 to serve as an attorney advisor for the Office of Legal Counsel of the U.S. Department of Justice from 2003 to 2005, then clerked for Justice Antonin Scalia at the U.S. Supreme Court from 2005 to 2006. Demers also worked with the Director of National Intelligence on the Foreign Intelligence Surveillance Act (FISA), which he helped to draft Section 702, and Executive Order 12333.

Demers was brought to work at the Boeing Company in Arlington, Virginia, by retired judge J. Michael Luttig, formerly of the United States Court of Appeals for the Fourth Circuit. He served as its chief counsel for network and space systems from 2009 to 2011 before assuming positions as the company's vice president and assistant general counsel for global, regulatory, and government law in 2011 and 2016. Former officials in the Obama Administration supported Demers' nomination. Demers was widely regarded as an uncontroversial candidate, and he was reported out of both the Judiciary Committee and the United States Senate Select Committee on Intelligence without opposition.

Senator Cory Gardner, who stated in January 2018 that he would block some appointments to the DOJ, announced on February 15, 2018, that he would not block Demer's nomination. Demers was confirmed to the position by a voice vote later that month. His appointment to the head of the NSD on February 22, 2018, garnered praise from both Democrats and Republicans as he had worked under the administrations of both parties.

Tenure When Demers became the head of the national security division, the U.S. had recently experienced Russian interference in the 2016 United States elections. Throughout his tenure, issues of national security would be focused on Robert Mueller and the Mueller special counsel investigation. The DOJ would also concentrate on counterintelligence against Chinese influence in academia and research. While in office, he was considered among the most apolitical officials appointed by Trump. The program aimed to counter Chinese espionage and intelligence activities in the U.S. Attorney General Jeff Sessions selected Demers to lead the initiative.

On January 20, 2021, acting attorney general Jeffrey A. Rosen resigned, and it became expected that Monty Wilkinson would serve in the position until Biden's nominee, Merrick Garland, could assume the office. Before Biden signed an executive order naming Wilkinson to succeed Rosen, Demers served as acting attorney general for a few hours that day in the meantime. Demers normally would have also been Rosen's successor, but Biden, relying on a Trump-era precedent, appointed Wilkinson instead. As acting attorney general, Demers was the top official in the Justice Department to approve orders relating to the Foreign Intelligence Surveillance Act (FISA).

That same month, Demers considered resigning from his position when President Donald Trump pressured the Justice Department to pursue claims of election fraud, though he ultimately decided to remain when acting attorney general Jeffrey A. Rosen resisted pressure from the White House to investigate claims of fraud. When the Trump presidency ended, Demers continued to lead the National Security Division under President Joe Biden. He was the only senior Justice Department official from the Trump administration to remain under the Biden administration. He was asked by acting United States deputy attorney general John P. Carlin to remain in the department in order to provide continuity as it would have been months before a new leader for the National Security Division could be confirmed.

According to NBC News, Demers was likely to have been briefed about the Justice Department's subpoenas to reporters, though a senior official stated that his departure was unrelated to the incident. President Biden nominated Matthew G. Olsen to replace him; Demers left the department as its longest-serving Senate-confirmed official from the Trump administration during Biden's presidency.

Personal life Demers is married to Cynthia Marie Zmijewski Demers and has two children, Lizzie and Matthew. As of February 2024, he is a member of Boeing's legal counsel and serves as the company secretary.

From 2010 to 2017, Demers was an adjunct professor of national security law at the Georgetown University Law Center. On January 25, 2023, the National Security Institute of the Antonin Scalia Law School at George Mason University announced that Demers would be a member of its advisory board. Demers is also a member of the board of advisors of the Foundation for Defense of Democracies, and a member of the Aspen Institute's U.S. Cybersecurity Group.

Selected publications