Rosemary M. Collyer, Judge in F.B.I. and Guantánamo Bay Cases, Dies at 80


Rosemary M. Collyer, who while serving as a U.S. District Court judge also sat on the secretive Foreign Intelligence Surveillance Court, from which she issued a sharp rebuke of the F.B.I. for not being entirely truthful in justifying its wiretapping of a campaign adviser to President Trump, died on June 7 in Rockville, Md. She was 80.

Her death, in a nursing facility, was caused by complications of ovarian cancer, her husband, Philip Collyer, said.

Judge Collyer, who was nominated to her District Court seat in 2002 by President George W. Bush, ruled on a broad range of cases, including ones involving surveillance, prisoners at Guantánamo Bay and whether the giant insurer MetLife was too big to fail.

“She didn’t have a grand, overarching philosophy,” James E. Boasberg, the chief judge of the U.S. District Court for the District of Columbia, on which Judge Collyer served until her retirement in 2020, said in an interview.

“It was more incremental, like that of Sandra Day O’Connor,” Judge Boasberg added. “She might have been a Bush conservative, but on the bench she was independent and balanced.”

In 2019, Judge Collyer, as the presiding judge of the Foreign Intelligence Surveillance Court, excoriated the F.B.I. for its handling of applications to wiretap Carter Page, a Trump adviser, who investigators suspected might have been a link between the Trump campaign and Russia during that country’s covert operation to manipulate the 2016 presidential election.

“The frequency with which representations made by F.B.I. personnel turned out to be unsupported or contradicted by information in their possession,” she wrote, “and with which they withheld information detrimental to their case, calls into question whether information contained in other F.B.I. applications is reliable.”

She ordered the bureau to propose changes in how it sought approval for national security surveillance on Americans.

Judge Collyer ruled on other national security cases, including one in 2014 in which she dismissed a lawsuit against Leon E. Panetta, the former defense secretary, and three other Obama administration officials, that had been brought by the parents of three American citizens killed in U.S. drone strikes in Yemen in 2011. One of those killed, Anwar al-Awlaki, was an imam who had joined Al Qaeda.

In her decision, Judge Collyer wrote that the plaintiffs could not seek damages, though she said that officials had to act in accordance with the Constitution when they targeted citizens abroad.

Baher Azmy, the legal director of the Center for Constitutional Rights, which brought the suit along with the American Civil Liberties Union, criticized the judge at the time for accepting the government’s claim that Mr. al-Awlaki was a terrorist without first conducting a hearing to gather evidence. (Court papers revealed in 2016 that Mr. al-Awlaki had several roles in Al Qaeda, including bomb-making instructor.)

Rosemary Elizabeth Mayers was born on Nov. 19, 1945, in Port Chester, N.Y., and grew up mostly in Stamford, Conn. She was the eighth of nine children of Thomas Mayers, an executive at Bloomingdale’s who served as the Republican mayor of Stamford from 1963 to 1967, and Alice (Henry) Mayers, who managed the home.

After graduating from Trinity College (now Trinity Washington University) with a bachelor’s degree in history in 1968, she worked as a reporter for The Catholic Register, a weekly in Toronto, and as director of public relations for a private school near Syracuse, N.Y.

In 1974, she joined a research company in Denver that used psychological testing to help companies identify employees’ strengths and weaknesses, and Ms. Collyer took the test. When the results showed that she was strong in logical reasoning, her bosses urged her to go to law school. Reluctantly, she took the LSAT, did well, and was accepted at the University of Denver College of Law (now the Sturm College of Law). She graduated in 1976.

“I appreciated how the law involved logic, thinking and creativity and I appreciated that it affected people,” she wrote, with Christine L. Lyons, in “My Honor: One Woman’s Trailblazing Path to the Federal Bench,” to be published next year.

In 1981, after several years in private practice in Denver, where her clients included mining companies, she was named chair of the Federal Mine Safety and Health Review Commission. She was the first woman to hold that position, as well as her next one: general counsel of the National Labor Relations Board.

She remained in government until 1989, then re-entered private practice at Crowell & Moring, where she specialized in labor and employment law. In 1995, she was named the firm’s chair, becoming the first woman to lead a major Washington law firm, according to Crowell’s tribute to her.

One of her most prominent cases as a judge involved MetLife, which had been labeled a “systematically important financial institution” — or too big to fail — by a regulatory body called the Financial Stability Oversight Council. After the Great Recession, the council was empowered to classify some nonbank institutions as being as deserving as banks of increased capital requirements and scrutiny because of the risk to the economy if they failed.

MetLife sued the Justice Department to shed the designation. In 2016, Judge Collyer agreed with the company, finding that the council had failed to determine the probability of the company getting to the brink of bankruptcy and that its analysts had not gone far enough to explain how MetLife’s possible distress would affect the financial system. The Justice Department appealed her decision.

In a column in The New York Times, Paul Krugman wrote that it was “unreasonable to expect regulators to game out in advance just how likely the next crisis is, or how it might play out, before imposing prudential standards.”

In 2018, the Justice Department dropped its appeal of the ruling.

In addition to her husband, Judge Collyer is survived by her son, Timothy; two grandchildren; her brother Paul Mayers; and her sisters Eileen Zebroski, Ruth Schofield and Brenda Danielson.

In two decisions regarding prisoners held at Guantánamo Bay, Judge Collyer struck different chords. In 2013, she turned down a request from three detainees on a hunger strike to prevent the U.S. military from force-feeding them.

“There is nothing so shocking or inhumane in the treatment of petitioners — which they can avoid at will — to raise a constitutional concern that might otherwise necessitate review,” she wrote.

In 2020, she ordered the U.S. military to have an independent medical panel examine Mohammed al-Qahtani, a Saudi detainee with a history of severe mental illness who had been tortured at the prison and for a time was thought by the government to have been involved in the Sept. 11 attacks. The panel was to determine if he should be released and sent home to Saudi Arabia for psychiatric care.

“She had tremendous understanding of a guy who was schizophrenic, who had been tortured and was hearing voices in his head,” Shayana Kadidal, the senior managing attorney of the Center for Constitutional Rights, which helped represent Mr. al-Qahtani, said in an interview. “She was constantly turning a difficult situation over in her head to come up with a practical solution.”

The government appealed the order and the medical panel was never established. But a Navy doctor found that Mr. al-Qahtani was mentally ill and a parole-style board recommended his return to the care and custody of the Saudi government. He was repatriated in 2022.



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