Ken Pontarelli ’92 credits the University for changing his life, opening up opportunities to pursue his passions and achieve professional success that allows him to focus on the public good. In return, he and his wife, Tracey, are paying it forward by supporting Syracuse students pursuing meaningful careers in the vital field of sustainability. Their recent gift endows the Pontarelli Professorship in the . It builds on their years of support that have helped position the University as a thought leader in sustainability. As part of the Forever Orange Faculty Excellence Program, the University has committed additional funds to support teaching and research activities in environmental sustainability, finance and public policy.

“Our goal is to build a sustainability program that ties together distinctive strengths from across the University, allowing business, policy and environmental science to work together to solve problems and tackle global challenges,” says Pontarelli. They are well on their way, thanks to previous support from the Pontarellis that a five-year funded professorship in 2019 and a scholarship fund in the , and helped create a unique master of science joint degree from the Maxwell and Whitman schools in sustainable organizations and policy, and the .

“When I (in 2022), Syracuse University was ranked No. 11 nationally for environmental policy and management by U.S. News & World Report,” says Jay Golden, Pontarelli Professor of Environmental Sustainability and Finance. “Each year our rankings have increased, and the most recent 2024 rankings have us tied with Harvard for No. 6. Certainly, our goal is to continue to rise in the rankings through the recognition of our peers of all the great programs we have going on at Maxwell and the other colleges at Syracuse.”

Growing Interest in Sustainability

Pontarelli graduated from the University with a bachelor of science in finance from the Whitman School and in economics from the Maxwell School. He immediately began what became a long career at Goldman Sachs, initially focusing on energy markets. “We made one of the first large-scale investments into renewable power back when few such investments were being made,” says Pontarelli. “As I gained more understanding of the field, I realized how critical private capital is, together with government policy, in addressing environmental issues. The business case for investing in sustainability is incredibly strong.”

In an interview with Private Equity International (November 2023), Pontarelli pointed out that sustainability was just a niche market with $20 billion of assets under management just 10 years ago and ballooned over the decade to more than $270 billion of assets under management.

At Goldman Sachs, where Pontarelli is partner and managing director, he leads the firm’s private equity impact investing efforts within the Asset Management Division. He was appointed to the University’s Board of Trustees in 2021, serves on the Whitman Advisory Council and, last year, was awarded the for Sustainability by Maxwell. His investments in academic and experiential programs are designed to ensure that environmental policy research is well-grounded in an understanding of markets and financial mechanisms.

“This is a pivotal time,” says Pontarelli. “There are so many things that could be done if we don’t get caught up in political issues. Everyone would agree that these are common sense business things to do.” He cites the example of one recent investment in a company that provides control panels to big data centers to manage power generation usage. The product can reduce usage by 10% for the average data center. “I’m focused on pragmatic solutions.”

That’s why Pontarelli is so impressed with the work being done by students in the which, according to Golden, is “a nonpartisan think tank and research lab focused on examining sustainability imperatives at the nexus of industry and government.” The lab launched in 2021 with just six students.

“From that early start we have maintained every semester 40 to 50 paid undergraduate and graduate sustainability research fellows spanning almost every college across the University,” Golden says. “In fact, we have more students interested than we can currently financially support or mentor with our current staffing levels. Not a week goes by that I don’t receive numerous emails from students interested in joining the lab.”

Inspiring More Philanthropic Support

It’s easy to see why students are so interested. They are doing what Pontarelli calls “eye-popping work” in partnership with industry or government, and he hopes to inspire more philanthropic support so that more students can participate. Golden cites a few examples:

• Students from the Maxwell School, Whitman School and are doing research in energy systems, biotechnologies and carbon capture technologies for various industrial sectors. This includes providing technical, finance and policy insights to develop recommendations for government agencies, policymakers and business leaders that would benefit the U.S. economy and the environment.
• Students are working with Thomson Reuters as well as the global footwear and apparel industries researching innovative best management practices and policies that can eliminate the utilization of forced labor in the global supply chain.
• A team led by Golden and School of Architecture Assistant Professor Nina Wilson is working with architects, engineers, design/build firms, insurance, government and finance on developing innovative strategies, policies and professional practices for resiliency in the built environment.��They are holding workshops throughout New York state.
• Students have developed an energy dashboard to quantify and visualize energy consumption on campus, by buildings and by energy source, that is continuously updated while also modeling economic impacts and opportunities for the University to manage energy consumption and other environmental impacts. This also involves working with Campus Dining to quantify food wastes across the campus and modeling the economic and greenhouse gas opportunities by implementing new strategies.

Preparing Future Leaders for the Public Good

The new joint master’s degree from Maxwell and Whitman, supported by the Pontarellis and directed by Golden, offers an intensive professional sustainability consulting course each spring through the lab, in which students work in project teams to provide high-level research and consulting to public and private organizations, including Fortune 500 global companies and smaller start-ups domestically and globally.

“I am grateful to Ken and Tracey for continuing to promote the values of high-quality teaching, experiential learning, evidence-based research, engaged citizenship and public service impact, which we hold dear at the Maxwell School,” says Dean David M. Van Slyke. “This professorship, endowed in their name, will make certain their commitment to climate, energy and environmental sustainability and working across levels of government and sectors of the economy continues to be a hallmark of the instruction and scholarship the Maxwell School pursues in preparing future leaders that seek to promote the public good.”

Golden says that “we have an incredible job placement rate for students even before they graduate” with organizations as diverse as Morgan Stanley, KPMG, the State of New York and the Department of Defense. “They stand out in the job market because they have learned to take theory from the classroom and apply it in the real world, with plenty of opportunities to do the work thanks to Ken and Tracey Pontarelli,” Golden says.

“We want students to get excited about careers in the sustainability field,” Pontarelli says. “It’s purposeful, meaningful work as they become problem-solvers who can change the world.”

To request an interview with Professor Germain, please contact Ellen James Mbuqe, executive director of media relations, at ejmbuqe@syr.edu.

������, Professor of Law, Syracuse University College of Law.

Donald Trump’s legal woes have been the center of international attention throughout this 2024 presidential election year. In less than two months before the Presidential election, here is a summary of where all those cases currently stand.

The E. Jean Carroll Defamation Case.�� Trump’s year of litigation started in January with author E. Jean Carroll recovering  an $83.3 million judgment for defamation against Trump for accusing Carroll of lying when she claimed publicly in 2019 that Trump had sexually assaulted her in a department store dressing room more than 20 years earlier, in 1995 or 1996.�� Trump posted a bond to obtain a stay while he appeals the judgment.

The NY Attorney General Financial Statement Fraud Case.�� In February, New York Attorney General Letitia James’ civil fraud case against Trump for overstating the current market value of his properties in the personal financial statements he had submitted to lenders and insurance companies, came to trial without a jury before Judge Arthur Engeron.�� Normally, civil fraud requires a plaintiff to prove that a victim believed and relied on the truth of the statements, and suffered damages as a result.�� But the Attorney General successfully argued that a special anti-fraud statute, New York Executive Law § 63(12), allows her to recover disgorgement of benefits received without showing that anyone relied on or was harmed by the false statements.�� Judge Arthur Engeron entered a judgment against Trump in February for $354 million in disgorgement, plus interest, which would have required him to post a $464 million bond to obtain a stay pending appeal.�� The appellate division allowed Trump to post a reduced bond of $175 million to stay enforcement of the judgment pending appeal.

The Georgia Election Interference Case.�� On June 5, the Georgia Court of Appeals issued an order staying District Attorney Fani Willis’s election interference case against Trump to consider Trump’s motion to disqualify the District Attorney for having an undisclosed relationship with her special prosecutor, Nathan Wade.�� The trial judge, Scott McAffee, had previously allowed the case to continue if Nathan Wade resigned to prevent the appearance of impropriety.�� The defendants appealed McAffee’s well reasoned order, and the case has been on hold by the appellate court since that time.�� Frankly, I thought McAffee’s opinion was sound, and I never understood why Willis’s relationship with Wade in any way harmed Trump or the other defendants.

The New York Falsified Business Records Case.�� Next came New York District Attorney Alvin Bragg’s convoluted criminal case against Trump for falsifying his business records to hide a $175,000 hush money payment made to Stormy Daniels through Trump’s then attorney Michael Cohen in the waning days of the 2016 election.�� I have .�� On May 30, 2024, the jury found Trump guilty under NYPL § 175.10 of falsifying business records to commit fraud and to conceal another crime, although the jury did not have to indicate who was defrauded or what other crime Trump was trying to conceal.�� Trump was supposed to be sentenced on September 18, but Judge Merchan granted Trump’s request to postpone sentencing until after the election.�� Sentencing is currently scheduled for November 26.

The Federal Cases.�� The two federal court cases brought by Special Counsel Jack Smith are the most serious cases Trump faces, and both cases have been stuck in the mud for months.

The Federal Election Interference Case.�� The federal election interference case before District Judge Tanya Chutkan in Washington DC has been delayed by questions about presidential immunity, and now also by technical issues around special prosecutor Jack Smith appointment.�� These preliminary issues will need to be resolved before the case can proceed on the merits.

On July 1, 2024, the Judge Chutkan’s and the DC Circuit Court’s rulings that Donald Trump, as a former president, had no immunity from prosecution.

Frankly, I expected that the Supreme Court would reverse those decisions, and recognize that a president has immunity from criminal prosecution for “core” presidential activities.�� In fact, at the hearing before the Supreme Court, both the government and Trump’s lawyers agreed that an ex president is immune from prosecution for “official” presidential matters, and that there is no immunity for “private” matters.�� Trump’s team even agreed that many matters alleged in Smith’s complaint sounded like “private” not “official” matters.�� The disagreement was on how far “official” matters would go.

I was fairly confident that the Supreme Court would draw the official /private distinction by focusing on the president’s motives – was the president acting to further what he believed to be in the interests of the country, or did he have personal, corrupt, motives to benefit himself at the expense of the country?

I was wrong. Chief Justice Roberts’ majority opinion granted immunity far beyond what the Trump lawyers sought at the hearing. The Court held, first, that a president’s motives are entirely irrelevant to whether his activities are “official” and subject to immunity, or “private” and not subject to immunity.�� Under the Court’s ruling, a president has absolute immunity for anything plausibly connected to his presidential functions, including the most blatant kinds of corruption (such as selling presidential pardons to the highest bidder, or directing the military to assassinate a political rival).�� While it is difficult to imagine that the founders intended the Constitution to provide broad immunity from prosecution to a President Benedict Arnold, who sold out his country for personal gain, that was essentially the Court’s holding.

In an attempt to redraw the official/private distinction, Prosecutor Jack Smith has filed a superseding indictment eliminating the allegations that Trump conspired with his governmental advisors, and has labeled his allegations that Trump conspired with non-governmental advisors to be “private.”  But the labels do not matter.�� Under the Supreme Court’s ruling, Trump is immune from activities that fall within a very broad sphere of presidential activity, even if he had false, improper and corrupt motives for his actions. Given the extremely broad way that the Supreme Court defined “official” activities and rejected motive, it is difficult to see how any of Trump’s attempts to overturn the election would qualify as purely “private” activities.

Nevertheless, Judge Chutkan and the DC Circuit will likely try to read the immunity ruling more narrowly than the Supreme Court wrote it, and allow the case to proceed.�� And if the case does proceed, and Jack Smith is able to prove his allegations that Trump knew he lost the election, knew that his election interference claims were false, and nevertheless sought corrupt motives to overturn the election, then surely a jury would convict him.  But would the case survive another visit to the Supreme Court?  Judge Chutkan set a briefing schedule for the parties to argue the immunity question, with Trump’s reply brief due on October 29.�� Since the case cannot move forward before the court rules on the immunity question, the only thing that could happen before the election is the filing by Jack Smith of evidence that support his arguments that Trump’s activities were “private” and not immune.

The second preliminary issue is whether Jack Smith’s appointment as special prosecutor was constitutional, and if not whether the case should be dismissed.�� As discussed below, Judge Eileen Cannon dismissed the classified documents case against Trump on the grounds that Smith’s appointment was unconstitutional.�� That decision is currently on appeal, and Chutkan stated on the record that she did not find Judge Cannon’s ruling to be “very persuasive.”  Judge Chutkan will likely decide that special prosecutor Jack Smith can proceed with the prosecution, but the process may be delayed further for briefing on that issue, and the ultimate ruling on Judge Cannon’s dismissal could derail the election interference case.

The Classified Documents Case.

In my view, the strongest case against Donald Trump is the classified documents case, which has been stymied at every turn by Judge Eileen Cannon.�� Cannon, a Trump appointee, was previously and harshly , in an unusual unanimous per curium opinion, for improperly exercising equitable jurisdiction over the government’s investigation into the classified documents taken by Trump while leaving office.

After months of slow walking the case, on July 15, 2024, Judge Cannon , determining that the Justice Department regulation under which Special Prosecutor Jack Smith was appointed was unconstitutional under the appointments clause of the Constitution.

The Constitution’s appointments clause requires the President to appoint, and the Senate to confirm, all “Officers of the United States,” except for “inferior Officers” who can be appointed by Officers without Senate approval if the Officers are authorized by law to make the appointment.�� .�� The courts have recognized that mere “officials” and “employees” can be hired without authorizing legislation, presidential appointment, Senate approval, or direct appointment by authorized Officers.�� The distinctions between “Officers,” “Inferior Officers,” “Officials” and “Employees” is not defined in the Constitution, and depends on factors like power, authority, control, and permanency.�� By tradition, cabinet officers and the heads of agencies are Senate-approved “Officers,” including the Attorney General and all 93 US Attorneys running the district offices of the Justice Department.�� The thousands of assistant US Attorneys and all of their staff are inferior officers, officials or employees, and are not appointed by the President or confirmed by the Senate.

The technical issue is whether Special Counsel Jack Smith, appointed by Attorney General Merrick Garland under the Department of Justice’s special counsel regulation, is an “Officer” who must be appointed by the President and confirmed by the Senate, an inferior officer who was appointed by an authorized Officer, or an official or employee who could be hired without Senate approval or congressional authorization.

The legal firepower behind Judge Canon’s decision comes from a law review article by Professors Steven G. Calabresi and Gary Lawson, Why Robert Mueller’s Appointment As Special Counsel Was Unlawful, 95 Notre Dame L. Rev. 87,115–16 (2019).�� Calabresi and Lawson also filed amicus briefs with the Supreme Court in the Trump immunity case, and before Judge Cannon.�� Even though it was not an issue the Supreme Court agreed to hear, Justice Thomas wrote a concurring opinion in the election interference case throwing his support behind questioning Jack Smith’s appointment.

While Calabresi and Lawson’s technical legal arguments, and Judge Cannon’s adoption of those arguments, are plausible, they fly in the face of 50 years of practice, including the Supreme Court’s famous Watergate tapes decision in , brought by special counsel Leon Jaworski, who was appointed under a similar justice department regulation, and whose appointment was not questioned by the Supreme Court.

There are legitimate criticisms of the Special Counsel Regulations.�� If the Justice Department has a conflict of interest, should they be the ones to select the special counsel?  In 1978, after Watergate, Congress created a Special Prosecutor Act, later called the Independent Counsel Act, which allowed majorities of either party within the House or Senate Judiciary Committee to request that the Attorney General appoint a special prosecutor.�� If the Attorney General made the appointment, a three judge panel of appellate judges, rather than the conflicted Attorney General, would select the special prosecutor.�� This process provided some assurance that the special prosecutor would be independent from the conflicted justice department.�� The Supreme Court upheld the Act in , but the Clinton administration did not seek its renewal, preferring instead to control the process through agency regulation, which has created the issue.

There is really no way to know if the current Special Counsel Regulations are constitutional until the Supreme Court rules on them.�� But even if they are not constitutional, there is no reason for dismissing the indictment against Trump.�� Instead, the courts should allow the government to fix the problem by appointing a senate-approved “Officer,” such as the Attorney General or another United States Attorney to supervise the prosecution.�� Professors Calabresi and Lawson have recognized that this is a technical constitutional issue that can be cured by appointing an approved “Officer” to supervise the case.�� The technical defect in Smith’s appointment, which is easily curable, did not prejudice the defendants.�� There is no reason that a United States Attorney appointed to supervise the case now could not ratify Smith’s past work, and allow Smith to proceed with the prosecution under supervision.�� A case prosecuted by Jack Smith under the supervision of the United States Attorney would be like the thousands of cases brought by Assistant United States Attorneys every day in every jurisdiction.

What Happens Next?

The presidential election will take place on November 5, 2024.

If Trump wins the election, there is little doubt that he will cause the federal election interference and classified documents cases to be dismissed, either by appointing loyalists to take over the prosecution in the Justice Department, or by issuing himself a presidential pardon.�� The Supreme Court has signaled in its immunity decision that a self-pardon is within the President’s absolute authority.

However, a presidential pardon only applies to federal crimes, so it would not prevent any of the state prosecutions or cases from continuing.�� It is not clear whether a state prison sentence could be implemented against a sitting president, or how it could be implemented, or whether some sort of federal supremacy would prevent the states from interfering with the activities of an elected president.�� Another constitutional crisis is likely if either of the state criminal cases results in a prison sentence.

If Trump loses the election, he will likely face years of trials and appeals before the legal issues will be finally determined.