Philbin first served as a law clerk for Federal Appeals Court Judge
Laurence Silberman. Next he worked as a clerk for
Supreme Court Justice
Clarence Thomas. An investigation by the Office of Professional Responsibility concluded that Philbin did not commit any professional misconduct and appropriately raised his concerns about the shortcomings of the Bybee opinion. Philbin was "one of the people who started the legal review of the spying program that concluded the program was illegal", and Comey testified that Philbin's career suffered for his support of Comey's intervention between Gonzales and Ashcroft; according to Comey,
Vice President Dick Cheney blocked Philbin's appointment to the position of
Principal Deputy Solicitor General, denying him the honor of working on behalf of the government before the
Supreme Court. Philbin returned to private practice in 2005, == See also ==