# Eugene R. Sullivan

Eugene Raymond Sullivan is a senior federal judge based in Washington, D.C., nominated by President Ronald Reagan and confirmed by the U.S. Senate in May 1986. President George H. W. Bush appointed him as the chief judge of the U.S. Court of Appeals for the Armed Forces in 1990. When not recalled to active judicial service, Sullivan is a co-founder and senior counsel of the D.C. law firm of Freeh Sporkin and Sullivan LLP. Prior to becoming a federal judge, Sullivan served in the U.S. government in various positions such as a White House lawyer during Watergate and general counsel of the Department of the U.S. Air Force. In addition, Sullivan is a West Point graduate, a Vietnam combat veteran and qualified as a tanker, an U.S. Army Airborne Ranger, a Ranger instructor, and a jumpmaster in the U.S. Army. In 2010, Sullivan was inducted into the U.S. Army Ranger Hall of Fame.
A tribute to his service was read into the Congressional Record on June 5, 2002.

## Early life and education

Born August 2, 1941, in St. Louis, Missouri, Sullivan graduated from St. Louis University High School before matriculating to the United States Military Academy, West Point, New York, where he was a member of the Cadet Honor Committee. This cadet-run committee investigated and conducted trials of suspected violations of the Honor Code ("A Cadet will not lie, cheat, steal, or tolerate those who do."). At the time of Sullivan's attendance at West Point, a conviction by a trial of 12 committee members most likely resulted in the convicted cadet leaving the Academy. Cadet Sullivan was also a letterman on the West Point lacrosse team.
In 1988 and 1989, he sat on the federal commission to review the West Point Honor Code. He is a trustee emeritus and the founding chair of the ethics committee of the West Point board of trustees and was on the first executive board of the Duke University School of Law Center for Law, Ethics and National Security.

## Military service

Following graduation from West Point with a B.S. degree in 1964, he was in the Army for five years and qualified as a tanker, an Airborne Ranger, a Ranger instructor and a jumpmaster. He was awarded the Bronze Star, the Air Medal and other decorations in Vietnam. Sullivan was inducted into the U.S. Army Ranger Hall of Fame.
Lieutenant Sullivan completed Airborne and Ranger schools and then was assigned to Germany as a tank platoon commander and later as the battalion scout platoon leader in the 2nd Battalion of the 33rd Armor. After this tour of duty in Germany, he was posted to Fort Benning, now Fort Moore, where he became a Ranger instructor (RI) at Ranger School. From Fort Benning, he was assigned as a mechanical engineer at the Army Aviation Systems Command (AVSCOM) for one year, working on the T-53 and T-55 engines for the UH-1 and CH-47 helicopters. He was awarded the Army Commendation Medal as an engineer at this assignment.
Captain Sullivan was then initially assigned to the 4th Infantry Division (2nd/1st Cavalry) in Vietnam and later detailed to MACV Headquarters in Saigon as a special projects officer in the Office of the Science Advisor to the commander of U.S. forces in Vietnam, General Creighton Abrams. One of the projects Sullivan worked on in this assignment was the covert monitoring operation of the motion sensors implanted on the Ho Chi Minh Trail (code name Operation Igloo White).
He traveled multiple times to the then-secret airfield near the Ho Chi Minh Trail in Thailand (Nakhon Phanom Royal Thai Air Base – NKP). On another project and due to his experience at Ranger School teaching Ranger demolitions, Sullivan was the principal advisor on a study to prevent sappers of the Viet Cong from blowing up bridges around Saigon. While working full time in the Science Advisor's Office and without the knowledge of the science advisor, Sullivan volunteered to be a M60 door gunner on a UH-1C attack helicopter operating on night patrols along the Saigon River to combat enemy activity on the river. After completing over 25 combat missions, he was awarded the Air Medal. Sullivan also received the Bronze Star for his combat tour in Vietnam.
After his service in Vietnam, Sullivan left the Army and later, when serving in the U.S. Department of Justice in Washington, he volunteered for service in the U.S. Army Reserves where he retired as a Lieutenant Colonel.
In 2006, Sullivan was selected as a distinguished member of the Ranger Training Brigade. In 2010, Judge Sullivan was inducted into the U.S. Army Ranger Hall of Fame.

## Legal education and career

After his time in the Army, Sullivan graduated from Georgetown University Law Center with a Juris Doctor in 1971. In his final year at Georgetown, he was an editor of the Georgetown Law Journal, one of the oldest and most prestigious law reviews in the U.S. After law school, Sullivan clerked for Chief Judge Marion Charles Matthes of the United States Court of Appeals for the 8th Circuit. After his federal clerkship ended in 1972, Sullivan was hired as an associate in the D.C. law firm of Patton Boggs, which is known today as Squire Patton Boggs. He worked primarily with the senior partner, Tommy Boggs, a lobbyist. He assisted Boggs in lobbying the U.S. Congress and many U.S. government agencies and departments for major corporations and foreign governments. He is a member of the bar for the District of Columbia and the state of Missouri.

### Watergate scandal

At the beginning of 1974, White House attorney James D. St. Clair, President Richard Nixon's special counsel for the Watergate scandal, selected Sullivan to be on the White House legal team to defend the president in the congressional impeachment hearings and to assist in the related Watergate litigation before Judge Scirica in the District Court in Washington. Sullivan and fellow West Pointer Mac Howard (later a fellow federal judge) were the primary representatives for the president, observing the impeachment hearings before the House of Representatives. When the District Court case proceeded to the Supreme Court, Sullivan wrote a major part of the president's reply brief under the supervision of Professor Charles Alan Wright, who, at that time, was widely considered to be the foremost authority on constitutional law and practice.

### U.S. Department of Justice trial attorney (1974-1982)

After President Nixon lost his U.S. Supreme Court case and resigned on August 9, 1974, Sullivan left the White House and joined the United States Department of Justice (DOJ) to litigate civil cases. In addition, Sullivan volunteered to be a federal prosecutor to gain experience in federal criminal jury trials. As a prosecutor, he participated as co-counsel and obtained convictions in felony drug and gun cases in the U.S. District Court in Washington, D.C.

### General counsel of National Reconnaissance Office

In 1982, shortly after Sullivan became the deputy general counsel of the U.S. Department of the Air Force, he was approached to become the general counsel of the National Reconnaissance Office (NRO). At the time, the NRO was the covert spy satellite agency of the United States. Sullivan accepted the position concurrent with his legal duties in the Air Force. His status as the NRO general counsel was not known by the Air Force leadership nor even his wife until the existence of NRO was declassified by President Bill Clinton on September 18, 1992. As the NRO general counsel, Sullivan's duties primarily consisted of legal oversight over contracts with cover companies and security issues to protect the secret status of NRO operations. In his duties, Sullivan had numerous contacts with Stanley Sporkin, the CIA general counsel. Sporkin and Sullivan were both later appointed federal judges by President Ronald Reagan.
One of the significant actions during Sullivan's tenure as NRO general counsel was when he was consulted on the decision of the NRO Director Edward "Pete" Aldridge to continue the production line of the Titan rocket to launch U.S. military satellites instead of using the Space Shuttle as the sole launch vehicle for the United States. Aldridge's decision was made in 1985. The following year, the Space Shuttle Challenger exploded during launch, and Space Shuttle operations were grounded for almost two years. The NRO decision allowed the U.S. military to have access to space during the Shuttle's shutdown.

### 14th general counsel of the U.S. Air Force

In February 1984, Sullivan was appointed as general counsel of the U.S. Department of the Air Force. As general counsel, Sullivan served as the final legal authority in the U.S. Air Force, the chief ethics officer, and the senior attorney of the approximately 1700 civilian and military attorneys in the Air Force. One of the highlights of his Air Force career was his creation of the annual U.S. Air Force Space Law Conference at the newly established U.S. Space Command in Colorado Springs, Colorado. Sullivan chaired the three-day classified conference for invited members of the Air Force, CIA, NRO, and Department of State. Sullivan persuaded Professor Carl Sagan to be the pro bono keynote speaker at the formal dinner at the inaugural Space Law Conference held at Peterson Field Air Force Base (now the Peterson Space Force Base) in Colorado Springs.
Another career highlight was Sullivan's legal work regarding the launch and operation of the satellites of the Global Positioning System (GPS) owned by the U.S. government and operated by the U.S. Air Force. One of the legal issues successfully resolved was the possible liability of the Air Force for accidents occurring due to malfunctions of GPS once the classified GPS signals were declassified and made available to the general public. Upon his Senate confirmation and appointment as a U.S. federal judge, Sullivan resigned as general counsel of the U.S. Air Force and was sworn in as a federal judge on May 27, 1986.

### Governor of Wake Island

In addition, from 1984 to 1986, Sullivan served as the governor of Wake Island, a small strategic island approximately midway between Hawaii and Japan that is a U.S. territory. Wake Island was important in the 1930s and 1940s as a refueling base. The Japanese captured it at the beginning of World War II in the Battle of Wake Island. During his tenure as governor, Sullivan supported the U.S. Air Force island commander in administration, appointed a judge and various officials to administer the Wake Island legal system, coordinated with the U.S. Department of the Interior to designate the island as an historic landmark and designated November 22 as the Wake Island Holiday. In addition, Sullivan granted permission for a chartered Pan American 747 to land on Wake Island for the purpose of celebrating the Pacific Ocean route of the historic Pan American clipper flying boat. In 2024, Wake Island has again become important due to its strategic location in the Pacific and the tension between China and Taiwan.

### Federal judicial service

Sullivan was appointed as a federal judge by President Reagan in 1986. In 1990, President George H. W. Bush appointed Sullivan as chief judge of the U.S. Court of Appeals for the Armed Forces, one of the 14 U.S. courts of appeal with access to review by the U.S. Supreme Court via the writ of certiorari. In 2002, Judge Sullivan was elevated to and remains in the position of senior federal judge of this court after more than 16 years of active appellate judicial service.
While serving as chief judge, Sullivan successfully requested funds from Congress to renovate the courthouse to duplicate the interior to the original condition that existed in 1910 when the courthouse was built for the U.S. Court of Appeals for the D.C. Circuit. The courthouse of the U.S. Court of Appeals for the Armed Forces is the oldest operating courthouse in the District of Columbia.
Chief Judge Sullivan also significantly expanded the court's project outreach program to travel to law schools and cities outside of D.C. to conduct oral arguments of pending cases. One such oral argument was conducted aboard the USS John F. Kennedy approximately 300 miles off the coast of the United States (well beyond the 12 nautical mile limit of U.S. territorial waters) to demonstrate the global jurisdiction of the Uniform Code of Military Justice and the court's jurisdiction. The president of the American Bar Association, the deputy attorney general of the United States, and the famous defense attorney F. Lee Bailey were observers to that court hearing at sea. Many of the approximately 5,000 sailors on board the aircraft carrier witnessed the court hearing in person and via CCTV.

### International judicial conferences and debates between England and the United States
#### Conferences

During his active judicial service, Judge Sullivan organized and chaired multiple judicial conferences, normally held at his courthouse in Washington, D.C. In addition, three of the annual conferences were hosted by other nations and held in Canada, England, and Denmark. Participating judges from the following countries attended the conferences (Denmark, England, Germany, Ireland, Canada, Columbia, Romania, Republic of China, Australia, Hungary and the United States). The theme of each conference was decided based upon rule of law observations derived from Judge Sullivan's sitting as an observer judge of trials at the Old Bailey, appeal hearings at the Royal Courts of Justice in London, trials at the High Court of Hong Kong, trials at the High Court in Dublin, and as a civilian observer of a civil trial in Nykøbing Falster, Denmark. For example, the theme of the Copenhagen conference in 2002 was "What is the structure of the perfect judicial system of justice in a democracy?"

#### Debates on judicial reform between England and America

For several years, Judge Sullivan organized an annual debate between England and the United States based upon the differences in judicial proceedings between the U.S. and the UK systems of justice. In the U.S., these debates were held primarily for law students at sites such as the Georgetown Law Center and Harvard Law School. In London, the debates were held at Gray's Inn and in the auditorium of the U.S. Embassy in London. English debaters included Judge Graham Boal, Judge Brian Barker, Judge and Common Sergeant of England Neil Denison, Judge Brian Capstick (all from the Central Criminal Court "the Old Bailey"), Master Michael McKenzie, Justice Sir Philip Otton, and Justice Sir Thomas Tucker from the Royal Courts of Justice (London). American debaters included Judge Sullivan, Judge Stanley Sporkin, Harvard Professor Charles Ogletree, Judge Ken Starr, lawyer F. Lee Bailey, and lawyer Thomas Hale Boggs Jr. Debate issues included: the UK practice of appointment of judges by the Crown vs. the U.S. practice of selecting many judges by elections in states, and the U.S. criminal guilty verdict by 12-0 jury decision vs. the UK 10-2 super majority verdict.

#### Other international rule of law activities

Judge Sullivan participated in other international legal conferences, such as the 2004 Symposium on a New Constitution for Taiwan as the U.S. discussant in the Round Table Forum of the symposium (along with representatives from Taiwan, Germany, France, and Japan). The Round Table Forum was held in Taipei and chaired by the former president of the Republic of China, Lee Teng-hui. In addition, Sullivan is a member of an ad hoc pro bono group of high-ranking former U.S. government officials, who have advocated for years to protect Iranian refugees from terrorist activities of Iran. This invitation-only group supports a democratic and free Iran and includes two former U.S. senators, retired four-star generals, former federal judges, a retired FBI director, a retired CIA director, a former secretary of Homeland Security, and other former senior members of the U.S. government. For an example of advocacy, see "Hon. Eugene R. Sullivan—Anniversary of April 8 Massacre at Ashraf".
During his career, Sullivan has been awarded the Medal of Justice from Romania, the First Class Medal of Defense from Hungary, the Defense Minister's Citation of Merit from the Republic of China, an honorary Doctor of Law degree from New England School of Law, the Air Force Exceptional Civilian Service Medal, the Medal for Distinguished Public Service from the U.S. Department of Defense, and the Castle Award from the West Point Society (D.C.) and the William Tudor Sword. The Castle and Tudor Awards are given to one West Point graduate each year. Sullivan is also a recipient of the Ellis Island Medal of Honor.

## Literary career

He has written two published novels, both legal thrillers based in Washington D.C., featuring as the hero a federal judge who is a West Pointer in The Majority Rules (2005), praised by Joseph L. Galloway, co-author of We Were Soldiers Once...and Young, and a Vietnam veteran Army Ranger in The Report to the Judiciary (2008), praised by David Baldacci, a New York Times bestselling author. In addition, Sullivan, in his capacity as a novelist, was the chair of the Judging Panel for the International Dublin Literary Award in Ireland for sixteen years—the largest annual international prize for a single work of fiction in English (100,000 euros). The annual award is sponsored by the Dublin City Council.

## Personal life

Sullivan is married to Lis Urup Sullivan (née Johansen) from Nykøbing Falster, Denmark, who is a social anthropologist, having done field work in rural China and Taiwan, and an artist, making stained glass windows, artwork in porcelain and oil painting. They have two children: Kim Sullivan attended Columbia University (B.A. and graduate studies) and is a TV photo producer/editor in New York City. Eugene R. Sullivan II attended the Lawrenceville School, Duke University (B.A.), the London School of Economics (LL.B), and Columbia Law School (LL.M); he is now a lawyer in Washington, D.C.

## Civilian career honors and awards

* U.S. Department of Defense Medal for Distinguished Public Service
* U.S. Department of the Air Force Exceptional Civilian Service Medal
* Ellis Island Medal of Honor
* First Class Medal of Defense (Hungary)
* Medal of Justice (Romania)
* Defense Minister Citation of Merit (Republic of China)
* Honorary Doctor of Law Degree (LL.D, New England School of Law)
* Trustee emeritus and founding chair of the Ethics Committee, West Point Board of Trustees (Association of Graduates)
* Trustee emeritus, U.S. Air Force Aid Association (the only official charity of the USAF)
* Former trustee, Hawaii Pacific University
* Member of the founding Executive Board of the Duke Law School Center for Law, Ethics and National Security (LENS)
* Recipient of the 2001 Castle Award from the West Point Society of Washington D.C.
* Recipient of the 2017 William Tudor Law Society Lifetime Law Award at West PointHotel Thayer, West Point - Room Dedication Plaque
* Member, Board of Advisors for the Thayer Leadership, corporate educational organization at West Point, New York
* Room dedicated to Judge Sullivan at the Hotel Thayer on the grounds of the U.S. Military Academy, West Point, New York
* Commission member of Army Chief of Staff's National Commission to review the Cadet Honor Code at West Point, an eight-month project with hearings held at West Point, USNA, USAFA, and the University of Pittsburgh - some 25 recommendations given to improve the Honor System and Code. The commission presented findings to the chief of staff and the cadets in June 1989.
* Founder and chair of CEO Day at the annual National Conference on Ethics in America for college class leaders held at West Point. Over 60 colleges and universities send 2-4 student leaders to live in the West Point barracks and receive ethics and honor training.
* The Arlington National Cemetery awarded Judge Sullivan a U.S. Army Certificate of Appreciation for his saving the life of a heart attack victim attending a funeral at the cemetery using CPR in 2010.
* The Key to the City of Birmingham, Alabama, was awarded to Judge Sullivan following his speech at the city's Armed Forces Day Parade. Birmingham has hosted this historic parade since 1947.
* Member, Board of Directors of Ellis Island Honors Society.

## Military career – honors and awards

* Inducted into the U.S. Army Ranger Hall of Fame in 2010
* Selected as a distinguished member of the Ranger Training Brigade in 2006
* Ranger Tab
* U.S. Parachutist Badge
* U.S. Bronze Star Medal
* U.S. Air Medal
* U.S. Meritorious Service Medal
* U.S. Army Commendation Medal
* U.S. National Defense Service Medal
* Vietnam Service Medal with 3 Bronze Service Stars
* Vietnam Campaign Medal with bar
* Vietnam Gallantry Cross with Palm (Unit Citation)
* Vietnam Civil Action Medal (First Class) with Palm (Unit Citation)
* Air Force Outstanding Unit Award