View source for Benjamin Civiletti

{{Short description|United States Attorney General (1935–2022)}}
{{Use mdy dates|date=October 2022}}
{{Infobox officeholder
| name                = Ben Civiletti
| image               = Benjamin Civiletti (1979).jpg
| caption             = Civiletti in 1979
| office              = 73rd [[United States Attorney General]]
| president           = [[Jimmy Carter]]
| deputy              = [[Charles Ruff]] (acting)<br>[[Charles Byron Renfrew]]
| term_start          = August 16, 1979
| term_end            = January 19, 1981
| predecessor         = [[Griffin Bell]]
| successor           = [[William French Smith]]
| office1             = 17th [[United States Deputy Attorney General]]
| president1          = Jimmy Carter
| term_start1         = May 16, 1978
| term_end1           = August 16, 1979
| predecessor1        = [[Peter F. Flaherty]]
| successor1          = [[Charles Byron Renfrew]]
| office2             = [[United States Assistant Attorney General]] for the [[United States Department of Justice Criminal Division|Criminal Division]]
| president2          = Jimmy Carter
| term_start2         = March 12, 1977
| term_end2           = May 16, 1978
| predecessor2        = [[Dick Thornburgh]]
| successor2          = [[Philip Heymann]]
| birth_name          = Benjamin Richard Civiletti
| birth_date          = {{birth date|1935|7|17}}
| birth_place         = [[Peekskill, New York]], U.S.
| death_date          = {{death date and age|2022|10|16|1935|7|17}}
| death_place         = [[Lutherville, Maryland]], U.S.
| party               = [[Democratic Party (United States)|Democratic]]
| spouse              = {{marriage|Gaile Lundgren|1958}}
| children            = 3
| education           = {{ubl|{{nowrap|[[Johns Hopkins University]] ([[Bachelor of Arts|AB]])}}|[[Columbia University]]|[[University of Maryland, Baltimore]] ([[Bachelor of Laws|LLB]])}}
}}

'''Benjamin Richard Civiletti''' (July 17, 1935{{spnd}}October 16, 2022) was an American lawyer who served as the 73rd [[United States Attorney General]] during the last year and a half of the [[Presidency of Jimmy Carter|Carter administration]], from 1979 to 1981. The first [[Italian Americans|Italian American]] to lead the [[U.S. Department of Justice]], he previously served as the [[United States Deputy Attorney General|Deputy Attorney General]] and [[United States Assistant Attorney General|Assistant Attorney General]] for the [[United States Department of Justice Criminal Division|Criminal Division]]. Later he was a senior partner in the [[Baltimore]]-based law firm of [[Venable LLP]] (known until 2003 as Venable, Baetjer & Howard).<ref>{{cite web|url=https://www.justice.gov/ag/bio/civiletti-benjamin-richard|title=Attorney General: Benjamin Richard Civiletti|date=October 23, 2014|access-date=October 16, 2019}}</ref> He specialized in commercial litigation and internal investigations working at Venable LLP.

Beginning in 2001, Civiletti was one of the three members of the Independent Review Board,<ref>{{cite web|url=https://teamster.org/content/independent-review-board|title=The Independent Review Board|access-date=January 19, 2018|archive-date=October 11, 2019|archive-url=https://web.archive.org/web/20191011231610/https://teamster.org/content/independent-review-board|url-status=dead}}</ref> a board that the [[International Brotherhood of Teamsters]] union must answer to when allegations of corruption or [[organized crime]] infiltration surface under the terms of a [[consent decree]] issued in 1989<ref>{{cite web|url=http://www.tdu.org/news_teamster-corruption-and-consent-decree|title=Teamster Corruption and the Consent Decree|access-date=October 16, 2019}}</ref> by a [[United States district court|federal district court]] judgment.<ref>[http://www.teamster.org/content/independent-review-board The Independent Review Board] {{Webarchive|url=https://web.archive.org/web/20180825131125/https://teamster.org/content/independent-review-board |date=August 25, 2018 }}</ref>

== Early life and career ==
Civiletti was born in [[Peekskill, New York]].<ref name="NYT obit">{{cite news|title=Benjamin Civiletti, 87, Attorney General in Iran Hostage Crisis, Dies|url=https://www.nytimes.com/2022/10/17/us/politics/benjamin-r-civiletti-dead.html|first=Robert D.|last=McFadden|date=October 17, 2022|access-date=October 17, 2022|newspaper=[[The New York Times]]}}</ref>  His father, Benjamin, worked as a grocery store manager; his mother was Virginia (Muller).  Civiletti was raised in nearby [[Lake Mahopac]] and [[Shrub Oak, New York|Shrub Oak]] and attended the [[Washington Irving High School (Tarrytown, New York)|Washington Irving High School]] which was in [[Tarrytown, New York|Tarrytown]].<ref name="NYT obit"/> He graduated from [[Johns Hopkins University]] receiving a [[Bachelor of Arts]] in [[psychology]] in 1957.<ref name="NYT obit"/><ref>{{cite web|url=http://www.venable.com/benjamin-r-civiletti/|title=Benjamin R. Civiletti|publisher=[[Venable LLP]]|access-date=July 15, 2010|archive-date=June 14, 2018|archive-url=https://web.archive.org/web/20180614035846/https://www.venable.com/benjamin-r-civiletti/|url-status=dead}}</ref> He attended [[Columbia Law School]] and earned a [[Bachelor of Laws]] degree from the [[University of Maryland School of Law]] in [[Baltimore, Maryland|Baltimore]].<ref>{{cite web | url=https://www.baltimoresun.com/obituaries/bs-md-ob-benjamin-civiletti-20221017-occmhfbqn5cldm6aopph56e6ni-story.html | title=Benjamin R. Civiletti, former U.S. Attorney general and partner at Venable LLP, dies }}</ref><ref name="NYT obit"/><ref>{{cite web|url=https://www.venable.com/benjamin-r-civiletti/|title=Benjamin R. Civiletti &#124; Professionals &#124; Venable LLP|access-date=February 10, 2018|archive-date=June 14, 2018|archive-url=https://web.archive.org/web/20180614035846/https://www.venable.com/benjamin-r-civiletti/|url-status=dead}}</ref><ref name="DPCommission">{{cite web|url=http://www.governor.maryland.gov/pressreleases/080710b.asp|title=Governor O'Malley Announces Benjamin Civiletti as Chairman of Maryland Commission on Capital Punishment, Announces Commission Members|date=July 10, 2008|location=[[Annapolis, Maryland]]|publisher=Office of the Governor|access-date=July 15, 2010|url-status=dead|archive-url=https://web.archive.org/web/20100621174329/http://www.governor.maryland.gov//pressreleases/080710b.asp|archive-date=June 21, 2010}}</ref>

Civiletti was a [[law clerk]] for [[W. Calvin Chesnut]], a judge on the [[United States District Court for the District of Maryland|U.S. District Court for the District of Maryland]]. He then became an assistant [[United States Attorney]] in [[Baltimore]] a year after graduating from law school, serving in that capacity until 1964.<ref name="NYT obit"/>

==Career==
[[Griffin Bell]] noticed Civiletti's accomplishments while Bell was forming the Justice Department leadership team for the [[presidency of Jimmy Carter]] by his confidant, [[Charles Kirbo]], a law partner of Bell's who had once been involved in a case with Civiletti.<ref>{{cite web|url=https://www.newspapers.com/image/303698614/?terms=%22benjamin%20civiletti%22%20%22Charles%20Kirbo%22&match=1 |title=20 Jul 1979, 44 – The Orlando Sentinel at |publisher=Newspapers.com |date=July 20, 1979 |accessdate=October 17, 2022}}</ref> In February 1977, Carter nominated Civletti to succeed [[Richard Thornburgh]] as [[United States Assistant Attorney General]] in charge of the [[United States Department of Justice Criminal Division|Criminal Division]].<ref>{{cite web|url=https://www.newspapers.com/image/446418967/?terms=benjamin%20civiletti%20Dick%20Thornburgh&match=1 |title=16 Feb 1977|page=31 |work=Casper Star-Tribune |via=Newspapers.com |date=February 16, 1977 |accessdate=October 17, 2022}}</ref> In 1978, he was nominated to become the [[United States Deputy Attorney General|Deputy Attorney General]].<ref>{{cite web|url=https://www.newspapers.com/image/156738652/?terms=benjamin%20civiletti%20deputy%20attorney%20general%20nomination%20carter&match=1 |title=21 Feb 1978|page=7 |work=The Morning News|via=Newspapers.com |date=February 21, 1978 |accessdate=October 17, 2022}}</ref>

Civiletti was serving as the Deputy Attorney General when Griffin Bell resigned as [[Attorney General of the United States]].<ref name="NYT obit"/> He was appointed to the [[United States Department of Justice|Justice Department]]'s top position on July 19, 1979,<ref>{{cite web|title=Department of Justice Resignation of Griffin B. Bell and Nomination of Benjamin R. Civiletti To Be Attorney General|url=https://www.presidency.ucsb.edu/documents/department-justice-resignation-griffin-b-bell-and-nomination-benjamin-r-civiletti-be|date=July 19, 1979|access-date=October 17, 2022|work=The American Presidency Project|publisher=[[University of California, Santa Barbara]]|archive-date=October 17, 2022|archive-url=https://web.archive.org/web/20221017183941/https://www.presidency.ucsb.edu/documents/department-justice-resignation-griffin-b-bell-and-nomination-benjamin-r-civiletti-be|url-status=dead}}</ref> becoming the first [[Italian American]] to assume the role of attorney general.<ref>{{cite news|title=Romance Language|url=https://www.washingtonpost.com/archive/lifestyle/1980/09/15/romance-language/8568c66c-091a-4b6e-94eb-e1845376f8a1/|first=Mary|last=Battiata|date=September 15, 1980|access-date=October 17, 2022|newspaper=[[The Washington Post]]}}</ref> Although Bell voluntarily resigned, his resignation happened during a major cabinet shakeup in the Carter administration. [[United States Secretary of Health and Human Services|Secretary of Health, Education, and Welfare]] [[Joseph A. Califano, Jr.]] and [[United States Secretary of the Treasury|Secretary of the Treasury]] [[W. Michael Blumenthal]] also resigned on the same day.<ref>{{cite news|title=Carter Replaces Bell, Blumenthal, Califano; Miller Goes to Treasury|url=https://www.nytimes.com/1979/07/20/archives/carter-replaces-bell-blumenthal-califano-miller-goes-to-treasury.html|page=A1|first=Terence|last=Smith|date=July 20, 1979|access-date=October 17, 2022|newspaper=[[The New York Times]]}}</ref><ref>{{cite news|title=Califano, Blumenthal Are Fired From Cabinet|url=https://www.washingtonpost.com/archive/politics/1979/07/20/califano-blumenthal-are-fired-from-cabinet/cbfb5a33-f598-42fb-8b59-e29462b76d97/|first=Edward|last=Walsh|date=July 20, 1979|access-date=October 17, 2022|newspaper=[[The Washington Post]]}}</ref> Transportation Secretary [[Brock Adams]] resigned soon afterwards.<ref>{{cite news|title=Carter Asserts He Has No Apologies to Make Over Cabinet Changes|url=https://www.nytimes.com/1979/07/22/archives/carter-asserts-he-has-no-apologies-to-make-over-cabinet-changes.html|page=1|first=Terence|last=Smith|date=July 22, 1979|access-date=October 17, 2022|newspaper=[[The New York Times]]}}</ref>

[[File:1Benjamin Civiletti.jpg|thumb|left|Benjamin Civiletti (2009)]]

As the US Attorney General, Civiletti argued several important cases on behalf of the [[Federal government of the United States|U.S. government]]. Notably he argued before the [[International Court of Justice]] on behalf of Americans being held captive in Iran during the [[Iran hostage crisis]], in the ''[[Case Concerning United States Diplomatic and Consular Staff in Tehran]]''.<ref>{{cite web |url=http://www.icj-cij.org/docket/files/64/9553.pdf |title=Oral Arguments on the Request for the Indication for Provisional Measures: Minutes of the Public Sittings Held at the Peace Palace, The Hague, 10 December and on 15 December 1979, President Sir Humphrey Waldock Presiding |access-date=May 23, 2013 |archive-url=https://web.archive.org/web/20140223012239/http://www.icj-cij.org/docket/files/64/9553.pdf |archive-date=February 23, 2014 |url-status=dead }}</ref> He also argued before the [[Supreme Court of the United States|Supreme Court]] in support of the government's right to [[denaturalization|denaturalize]] [[Nazi Germany|Nazi]] [[war crime|war criminals]] in ''[[Fedorenko v. United States]]''.<ref>{{cite web|url=https://www.newspapers.com/image/421551778/?terms=%22benjamin%20civiletti%22%20Fedorenko&match=1 |title=16 Oct 1980, 24 – The Gazette at |publisher=Newspapers.com |date=October 16, 1980 |accessdate=October 17, 2022}}</ref>

Opinions which were written by Civiletti while he was attorney general, interpreted the [[United States Constitution]] and U.S. federal law to say that government cannot operate until Congress agrees on a spending bill. They set the stage for partial [[Government shutdowns in the United States|government shutdown]]s in later years.<ref>{{Cite news |title=The Lawyer Who Raised The Shutdown Stakes |author=Scott Horsley |url=https://www.npr.org/2011/04/08/135247483/who-raised-the-stakes-in-government-shutdown |newspaper=All Things Considered |publisher=NPR |access-date=January 12, 2019 |date=April 8, 2011}}</ref>

While serving as Attorney General, Civiletti recommended, and President Carter agreed to a commutation of sentences to time served for four unrepentant [[Puerto Rico|Puerto Rican]] nationalists convicted of [[1954 United States Capitol shooting|shooting five U.S. Congressmen at the U.S. Capitol]]. The commutations happened in spite of public opposition from the [[Governor of Puerto Rico]] [[Carlos Romero Barceló]] who believed it would encourage more terrorism.<ref>{{cite web |title=Puerto Rican Nationalists Announcement of the President's Commutation of Sentences |url=https://www.presidency.ucsb.edu/node/249448 |publisher=The American Presidency Project |access-date=January 12, 2019 |date=September 6, 1979}}</ref><ref>{{cite magazine |title=Nation: We Have Nothing to Repent |url=http://content.time.com/time/magazine/article/0,9171,947395,00.html |magazine=[[Time (magazine)|Time]] |access-date=January 12, 2019 |date=September 24, 1979}}</ref> 

On July 10, 2008, Maryland Governor [[Martin O'Malley]] announced that Civiletti would serve as the chairman of the Maryland Commission on Capital Punishment which was set up to study the application of [[capital punishment in Maryland]] and make a recommendation on the abolition of the death penalty in Maryland.<ref name="DPCommission"/> On November 12, 2008, the commission voted 13–7 with Civiletti voting with the majority, to recommend that the [[Maryland General Assembly]] abolish capital punishment in the state.<ref>{{cite news |url=https://www.baltimoresun.com/2008/11/13/repeal-of-death-penalty-urged/ |title=Repeal of death penalty urged|author1=Dechter, Gadi|author2=Smitherman, Laura|newspaper=[[The Baltimore Sun]]|date=November 13, 2008|access-date=July 15, 2010}}</ref>

==Personal life==
Civiletti married Gaile L. Lundgren in 1958. They had three children: Benjamin H., Andrew S., and Lynne T. Civiletti.<ref name="NYT obit"/>

Civiletti died on October 16, 2022, at home in [[Lutherville, Maryland]]. He was 87 and suffered from [[Parkinson's disease]] prior to his death.<ref name="NYT obit"/>

==Recognition==
*1980, Golden Plate Award of the [[Academy of Achievement|American Academy of Achievement]]<ref>{{cite web|title= Golden Plate Awardees of the American Academy of Achievement |website=www.achievement.org|publisher=[[American Academy of Achievement]]|url= https://achievement.org/our-history/golden-plate-awards/#public-service}}</ref>
*2009, American Lawyer's Lifetime Achievement Award<ref>{{cite web|date= August 7, 2009 |title= Venable Partner Ben Civiletti Named American Lawyer Lifetime Achievement Award Winner for 2009|url= https://www.venable.com/about/news/2009/08/venable-partner-ben-civiletti-named-iamerican-lawy|work= Venable LLP}}</ref>
*2012, Lifetime Achievement Award by the Equal Justice Council<ref>{{cite web|date= September 30, 2012 |title= EJC marks Civiletti's lifetime of achievement|url= https://thedailyrecord.com/2012/09/30/joe-surkiewicz-ejc-marks-civilettis-lifetime-of-achievement/|work= The Daily Record}}</ref>

==References==
{{reflist}}

==External links==
*{{C-SPAN|26407}}

{{start box}}
{{s-legal}}
{{U.S. Cabinet official box
| before     = [[Peter F. Flaherty]]
| after      = [[Charles B. Renfrew]]
| years      = 1978–1979
| president  = [[Jimmy Carter]]
| department = Deputy Attorney General}}
{{U.S. Cabinet official box
|before=[[Griffin Bell|Griffin B. Bell]]
|after= [[William French Smith]]
|years= 1979–1981
|president= Jimmy Carter
|department= Attorney General}}
{{end box}}

{{USAttGen}}
{{Carter cabinet}}

{{Authority control}}
{{DEFAULTSORT:Civiletti, Benjamin R.}}
[[Category:1935 births]]
[[Category:2022 deaths]]
[[Category:20th-century American lawyers]]
[[Category:20th-century American politicians]]
[[Category:21st-century American lawyers]]
[[Category:American people of Italian descent]]
[[Category:Carter administration cabinet members]]
[[Category:Deaths from Parkinson's disease in Maryland]]
[[Category:Johns Hopkins University alumni]]
[[Category:Maryland Democrats]]
[[Category:Maryland lawyers]]
[[Category:New York (state) lawyers]]
[[Category:People from Lutherville, Maryland]]
[[Category:People from Peekskill, New York]]
[[Category:United States assistant attorneys general for the Criminal Division]]
[[Category:Attorneys general of the United States]]
[[Category:United States deputy attorneys general]]
[[Category:University of Maryland Francis King Carey School of Law alumni]]