Moss was born Raymond Daniel Moss,[2] in Springfield,Ohio,into the family of Howard and Adrienne Moss,which also included his brother Eric Moss[3] and his sister Cynthia F. Moss.[4] He received a B.A.,summa cum laude,in 1983 from Hamilton College. He received a Juris Doctor in 1986 from Yale Law School. He began his legal career as a law clerk to Judge Pierre N. Leval of the United States District Court for the Southern District of New York,from 1986 to 1987,and then served as a law clerk to Justice John Paul Stevens of the United States Supreme Court,from 1988 to 1989. He worked at the law firm of Wilmer,Cutler &Pickering from 1989 to 1996. From 1996 to 2001,he worked at the United States Department of Justice,Office of Legal Counsel,in a number of capacities. He served as Deputy Assistant Attorney General,from 1996 to 1998,Acting Assistant Attorney General,from 1998 to 2000,and as Assistant Attorney General,from 2000 to 2001.[1] After his service in the Justice Department,he returned to his previous law firm,now known as Wilmer,Cutler,Pickering,Hale and Dorr LLP,where he chaired the firm's Regulatory and Government Affairs Department,leaving the firm upon his confirmation as a federal judge in November 2014.[5][6]
Federal agency service
In 2000,when Moss was an assistant attorney general in the Office of Legal Counsel (OLC) of the United States Department of Justice,he wrote the memorandum opinion advising that the Department could not indict a sitting president.[7] "The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions."[7]
The Mueller Report (March 2019,Vol. II,p. 1[8]) cited the Moss memorandum in partial justification of Special Counsel Robert Mueller's decision not to indict President Donald Trump. "Given the role of the Special Counsel as an attorney in the Department of Justice and the framework of the Special Counsel regulations,see 28 U.S.C. §515;28 C.F.R. §600.7(a),this Office accepted OLC's legal conclusion for the purpose of exercising prosecutorial jurisdiction."[8]
On July 19,2021,Moss sentenced Paul Hodgkins,a Florida man who participated in the 2021 United States Capitol attack to eight months in prison. Moss acknowledged that this man was part of a larger mob,but said that "Although you were only one member of a larger mob,you actively participated in a larger event that threatened the Capitol and democracy itself." At the time of his sentencing,Hodgkins is the third person to be sentenced for their participation at the insurrection,and his sentence is the longest thus far.[21]
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