News that President Obama selected Skadden partner
Cliff Sloan as the State Department’s special
envoy to shut down Guantanamo Bay was, at first, surprising.
Sloan is an esteemed Washington lawyer with diverse government and private sector
experience—but he’s not known as a national security attorney. He’s probably best
known as a legal expert on media and cyberspace. Before joining Skadden in 2008, he
was publisher of Slate magazine and general counsel of Washingtonpost.Newsweek Interactive,
Post’s online subsidiary. He’s taught courses on cyberspace to law students at Georgetown,
George Washington University, and American University.
Further bolstering his reputation as media savvy are the several appearances he’s
made on Comedy Central’s
The Colbert Report, including a two-part segment where
Sloan “vetted” Colbert for a possible appointment
to the Obama administration. Watch Part 1 and Part 2.
But Sloan is also a constitutional expert,
having co-written a book about the landmark Marbury v. Madison
The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court. And
The Colbert Report appearances show something else about him: Sloan is an affable guy. Likability and
a reverence for the Constitution are no doubt required for anyone to have even the
slightest shot at untangling the massive legal mess that is Gitmo.
Sloan is indeed charming in person, and his past experience working with stalwarts
of both the right and the left show that he’s capable of ascending partisan politics.
Sloan served in the Clinton White House as associate counsel to the president, and
clerked at the Supreme Court for liberal-leaning Justice John Paul Stevens. But he
was also an assistant to US Solicitor General
Kenneth Starr during the
George H.W. Bush administration.
Obama obviously needs a coalition-builder for this
particular job—Republicans in Congress
have previously blocked the White House’s efforts to close the
and just this month, House Republicans proposed legislation
that would keep Guantanamo
When considering Sloan’s track record navigating both sides of
the political spectrum,
it’s actually not so surprising the President looked to him.
Whether the strategy
works is another question.
The administration certainly hopes it will, and it has already begun hyping Sloan’s
bipartisan cred, collecting statements from his wide variety of supporters. In written
testimonials about Sloan, retired Justice Stevens said he is “fully capable of performing the most difficult assignments, including
the one that the President has wisely selected him to undertake.” Starr called him
“an admired and gracious friend” and a lawyer with “enormous ability and complete
Fred Fielding, White House counsel to
George W. Bush, said “Cliff possesses the requisite gravitas, imaginative intellect, and tactful
perseverance” required for the job, and called Sloan’s selection by Obama “a wise
Secretary of State
John Kerry, a friend of Sloan’s for a decade, also emphasized in a statement that Sloan’s “intellect
and skill as a negotiator is respected across party lines.”