Counsel

Who We Are:

American Oversight is a nonpartisan, nonprofit watchdog that advances truth, accountability, and democracy by enforcing the public's right to government records. We use multiple tools, backed by aggressive litigation, to fight attacks on democratic institutions, threats to civil rights and liberties, abuses of power, and erosion of government transparency. We expose and disrupt these attacks, and the officials and networks behind them, by forcing the government to turn over records officials would rather keep secret.

Since our founding in 2017, American Oversight has:

• Shut down Trump's bogus "voter fraud" commission.
• Revealed the Trump-sanctioned pressure campaign on the Ukrainian government by forcing the Trump administration to turn over records initially withheld from Congress.
• Uncovered rampant preventable deaths of immigrants in federal custody.
• Unmasked taxpayer-funded sham "audits" of the 2020 election.
• Obtained the fake electors' forged certificates submitted by fake electors during the 2020 election.
• Exposed networks of election denialists and subverters around the country.
• Halted the impeachment of a newly elected state supreme court justice in Wisconsin.
• Blocked state election board members in Georgia and Wisconsin from taking anti-democratic actions in secret.

We are committed to fighting threats of democracy at the federal, state, and local levels, using time-tested and innovative tools to expose misconduct, defend against attacks on marginalized communities, and demand accountability.

For more information, please visit our website: www.americanoversight.org

About the Role:

Reporting to the Chief Counsel, American Oversight is seeking a Counsel to join its team. The Counsel plays a key role in advancing American Oversight’s (AO) mission through managing a diverse caseload under different state and federal law jurisdictions around the country. The Counsel will handle all aspects of federal and state open records litigation, including research, drafting, discovery, negotiation, and oral argument. This role requires the individual to skillfully craft and execute legal strategies to fight attacks on democratic institutions, threats to civil rights and liberties, abuses of power, and erosion of government transparency at the federal and state levels.

Through this work, and related work outside of litigation, the Counsel will become an open records law expert and advise and collaborate with AO researchers and other cross functional colleagues, external counsel and firms, and organizational partners to effectively use access to information in pursuit of accountability.

What You Will Do:

• Litigate Freedom of Information Act (FOIA) requests in federal court, state open records law requests in state court (pro hac vice), and other litigation matters as assigned, on behalf of American Oversight and other clients, including:
  • Serve as lead or second counsel across a diverse caseload, helping to set litigation strategy and handling day-to-day case management.
  • Oversee, project manage, and partner with local counsel for open records, open meetings, or similar lawsuits in state courts.
  • Research, draft, and edit court pleadings, including complaints, motions, and briefs at the trial and appellate levels, including amicus briefs.
  • Conduct discovery where permitted, including written discovery and depositions, as well as participate in evidentiary hearings.
  • Conduct oral arguments in federal and state courts at the trial or appellate level.
  • Draft, as needed, non-investigative or advocacy materials, e.g., demand letters, administrative complaints, and other tools for demanding accountability.
  • Propose ideas or candidates for future cases, including novel or creative litigation and non-litigation strategies for accountability and transparency.
• Work with the research team to research and develop investigation strategies and opportunities consistent with relevant federal and state open records and other relevant laws.
• Negotiate with the federal executive branch and state or local open records officials in connection with a high volume of pending open records requests.
• Acquire and maintain an up-to-date working knowledge of FOIA and state open records and open meetings law to advise internal and external stakeholders, brief and argue legal issues, and fulfill other job responsibilities. Develop and maintain expertise in FOIA and the open records and open meetings laws in assigned states by monitoring legal developments and through targeted research projects.
• Partner with AO’s communications and research teams to develop messaging materials, blog posts, or other non-legal advocacy materials, as needed.
• Represent AO in meetings with partners, coalitions, presentations, training, and meetings with congressional committees, consistent with AO’s 501(c)(3) status.
• Participate in internal organizational development initiatives, events, and/or committees.
• Participate in the recruitment and mentoring of law student interns, as needed.
• Other relevant duties as assigned.

What You Will Bring:

• Juris Doctor degree and admission to practice in at least one state (with eligibility to join District of Columbia bar).
• 2+ years of litigation (civil or criminal) experience.
• Self-starter who excels at identifying opportunities, taking ownership, and delivering results with minimal supervision.
• Experience working in and/or desire to contribute to workplaces with a commitment to diversity, equity, and inclusion.
• Exercises a high degree of confidentiality and discretion, professionalism, integrity, diplomacy, and ethics.
• Position is located in the United States; must be available to work East Coast business hours with occasional evening and weekend hours, as needed.
• Problem Solving & Critical Thinking: Identifies issues and surfaces creative solutions to achieve desired outcomes; scans the landscape and connects dots among many disparate data points and situations.
• Collaboration: Is an inclusive, highly engaged team player; proactively seeks and provides thought partnership, assistance, and/or resources with/to colleagues.
• Judgment and Decision Making: Makes sound, well-reasoned decisions that support highly impactful outcomes in litigation, investigation, or communication targets; escalates and addresses concerns or challenges appropriately and in a timely manner.
• Project Management: Drives, tracks, and reports on the status of projects; understands and engages the necessary stakeholders, tools, resources, and information to produce desired results; is responsive and able to move nimbly among a variety of projects with varying timelines; manages expectations; is curious, asks questions early; anticipates and prepares next steps and outcomes.
• Exceptionally strong skills in the following areas:
  • Legal Research: Demonstrated ability to efficiently identify relevant legal authorities, accurately distill and effectively convey relevant and complex legal principles, and appropriately analogize to and distinguish from relevant facts.
  • Negotiation: Effectively represent AO’s interests—e.g., in connection with pending records requests, coalition working groups, litigation settlement discussions—to achieve the organization’s goals while fostering our reputation for professionalism and integrity.
  • Communication:
    • Written: Demonstrated ability to produce high-quality, public-facing work with limited supervision; adapt language or style to target audiences; and convey information with clarity and accuracy that is free from grammatical or spelling errors.
    • Oral: Effective and professional interpersonal oral communication with internal staff, opposing counsel, or government officials.
• A keen interest in American Oversight’s mission of government accountability and transparency; commitment to public interest advocacy.

Desired Qualifications:

• Familiarity with pro-democracy issues, including but not limited to voting rights, election administration, civil rights and civil liberties, or threats like abuse of power, corruption, or undue influence.
• Demonstrated commitment to public interest work.
• Experience (before, during, or after law school) in a nonprofit environment.
• Knowledge of the federal FOIA, state open records or open meetings laws, or government ethics laws.
• Experience with fast-paced, active litigation in multiple federal or state courts.

We encourage individuals to apply even if they do not have any of the desired qualifications.

What We Offer:

American Oversight offers its employees a generous and comprehensive benefits package that includes 80% of health, dental, and vision premiums paid by the organization, a retirement plan with a matching contribution, and remote office reimbursements for personal devices and wireless connectivity.

Location:

American Oversight is a remote-first location. Our office in Washington, DC is an optional workspace.

Salary Range:

$117,000 to $125,000 (commensurate to experience)

Application Deadline:

Interested applicants are encouraged to apply by December 3rd to ensure consideration of your application. Following this deadline, we will continue to review applications on a rolling basis until the position is filled.

Our Commitment to an Inclusive Workplace:

At American Oversight, we value and strive to hire, develop, and grow a diverse and inclusive team. We are an equal opportunity employer, and encourage applications from all individuals without regard to an individual’s race, color, sex, gender identity, gender expression, religion, age, national origin or ancestry, physical or mental disability, medical condition, family care status, marital status, domestic partner status, sexual orientation, genetic information, military or veteran status, or any other basis protected by federal, state, or local laws. We strongly encourage individuals to apply for opportunities at American Oversight even if they do not have any of the desired qualifications.