Mr. Fitzgibbons has been legal counsel to Richard Viguerie’s conservative direct marketing agency since 1993. He has litigated constitutional cases, and has engaged in administrative legal matters, mostly battling excessive and unreasonable government regulation of the direct marketing industry.
His written commentaries have appeared in Politico, The National Law Journal, DMNews, The NonProfit Times, The Philanthropy Monthly, The Washington Times, The Examiner, FoxNews.com, HumanEvents.com, AmericanThinker.com and WorldNetDaily.com. He’s been a guest on numerous radio talk shows, and his work on fundraising law has been featured in The Chronicle of Philanthropy and other national publications. He has authored for the American Bar Association Section of Taxation, and has lectured on tax and pension law.
He is a member of the Free Speech Coalition, McLean, Virginia, and The Federalist Society. He was active in helping create the American Freedom Agenda.
Mr. Fitzgibbons is a member of the District of Columbia, Maryland and Virginia Bars. He is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the 4th and 10th Circuits, and the United States District Courts for the District of Columbia and Virginia.
He is a graduate of The Columbus School of Law, The Catholic University of America, and was named Outstanding Male Graduate in 1982 and Alumnus of the Year in 2007, Saint Michael’s College, Vermont.
Mark has adopted over a dozen rescued animals over the past decade.
mfitzgibbons@americantarget.com
Mark J. Fitzgibbons
ObamaCare Corrupt Deal Shows Need to Amend the Speech and Debate Clause
by Mark J. FitzgibbonsSeveral state attorneys general have been asked, or plan, to investigate the deal struck by Senator Ben Nelson to permanently exempt Nebraska from paying Medicaid expenses in exchange for his voting for Obamacare.
An investigation of the Nelson deal would likely have two focuses. First, is the Nebraska exemption unconstitutional under Article I, Section 8, Clause 1 of the Constitution, which requires “all Duties, Imposts and Excises shall be uniform throughout the United States?” Secondly, did the deal constitute a form of corruption?
Whether the Nebraska exemption constitutes unlawful corruption obviously depends on the facts surrounding how Senator Nelson cut his deal. However, even a pure constitutional challenge would benefit from a clear understanding and presentation of the facts underlying how and why the Nebraska exemption was reached.
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