Benjamin Civiletti

Benjamin Richard Civiletti was an American attorney who served as the United States Attorney General from July 1979 to January 1981, during the final years of President Jimmy Carter’s administration. He became the first Italian‑American to hold the position and later worked as a senior partner in a Baltimore law firm, where he focused on commercial litigation and internal investigations. Civiletti also contributed to labor reform through his role on the Independent Review Board for the International Brotherhood of Teamsters and participated in state‑level criminal justice discussions in Maryland.

Early life and career

Benjamin Richard Civiletti was born on July 17, 1935, in Peekskill, New York. His father, also named Benjamin, managed a grocery store, while his mother was Virginia (Muller). The family lived in the surrounding communities of Lake Mahopac and Shrub Oak, and Civiletti attended Washington Irving High School in Tarrytown. After high school he pursued higher education at Johns Hopkins University, earning a Bachelor of Arts degree in psychology in 1957. He then studied law, attending Columbia Law School before completing his legal education with a Bachelor of Laws from the University of Maryland School of Law in Baltimore.

Following graduation, Civiletti served as a clerk for Judge W. Calvin Chesnut on the United States District Court for the District of Maryland. The next year he entered public service as an assistant United States Attorney in Baltimore, a position he held until 1964. His early career in federal prosecution laid the groundwork for his later roles within the Department of Justice.

In the mid‑1970s, Civiletti’s reputation attracted the attention of Justice Department leaders who were assembling a new administration under President Carter. In February 1977, Carter nominated him to succeed Richard Thornburgh as United States Assistant Attorney General responsible for the Criminal Division. The following year he was elevated to Deputy Attorney General, placing him second in line within the department.

Cabinet tenure

Civiletti assumed the office of United States Attorney General on July 19, 1979, after the resignation of Griffin Bell. His appointment came amid a broader cabinet reshuffle that also saw the departures of several other senior officials, including the Secretary of Health, Education and Welfare and the Secretary of the Treasury. The Senate confirmed him as attorney general, making him the first Italian‑American to occupy the position.

During his tenure, Civiletti represented the United States in significant legal proceedings. He argued before the International Court of Justice on behalf of Americans held captive during the Iran hostage crisis, specifically in the case concerning U.S. diplomatic and consular staff in Tehran. In addition, he presented arguments before the Supreme Court supporting the federal government’s authority to denaturalize individuals identified as Nazi war criminals, a matter addressed in Fedorenko v. United States.

Civiletti also authored opinions that interpreted constitutional provisions related to the operation of the federal government. These opinions asserted that the executive branch could not conduct business until Congress passed an appropriations bill, a stance that has been cited in discussions about partial government shutdowns in subsequent administrations.

A notable decision during his service involved the commutation of sentences for four Puerto Rican nationalists convicted of shooting five members of Congress at the U.S. Capitol. Civiletti recommended these commutations to President Carter, who agreed despite opposition from the Governor of Puerto Rico, Carlos Romero Barceló, who feared that such actions might encourage further acts of terrorism.

After leaving office in 1981, Civiletti joined the Baltimore‑based law firm Venable LLP (known until 2003 as Venable, Baetjer & Howard) as a senior partner. His practice focused on commercial litigation and internal investigations. In 2001 he became one of three members of the Independent Review Board that oversees the International Brotherhood of Teamsters under a consent decree issued in 1989 by a federal district court.

In July 2008, Maryland Governor Martin O’Malley appointed Civiletti to chair the Maryland Commission on Capital Punishment. The commission was tasked with studying the state’s use of the death penalty and recommending whether it should be abolished. On November 12, 2008, the commission voted 13–7 in favor of recommending abolition; Civiletti joined the majority in that decision.

Legacy

Benjamin Civiletti’s career reflects a sustained commitment to public service across multiple arenas of law and governance. As attorney general, he was involved in high‑profile international and constitutional cases that continue to be referenced in legal scholarship. His recommendations on criminal sentencing and capital punishment demonstrate an engagement with complex moral and policy questions.

Beyond his federal duties, Civiletti’s work at Venable LLP contributed to the development of commercial litigation practices and internal investigative procedures within the private sector. His participation on the Independent Review Board for the Teamsters illustrates a continued role in ensuring accountability within labor organizations.

Civiletti received several honors recognizing his professional contributions: the Golden Plate Award from the American Academy of Achievement (1980), the American Lawyer’s Lifetime Achievement Award (2009), and a Lifetime Achievement Award from the Equal Justice Council (2012). He was married to Gaile L. Lundgren in 1958, with whom he had three children—Benjamin H., Andrew S., and Lynne T.—and remained active in his community until his death on October 16, 2022, at home in Lutherville, Maryland. Prior to his passing, he suffered from Parkinson’s disease. His life’s work continues to influence discussions of justice, governance, and the role of legal professionals in public service.