Thank you, Mr. Chairman.

I join you in welcoming Mr. Coldebella and his family and friends today.

Mr. Coldebella, I want to start by thanking you for your service at the Department of Homeland Security. I appreciate your willingness to leave a law firm partnership to join the federal government.

However, I do have several concerns about your nomination, which I hope you will address at this hearing.

I am concerned about vacancies in the General Counsel's office, particularly among senior-level people. As we near the presidential transition, filling key vacancies with highly-qualified federal employees is increasingly important.

My other concerns all relate to the tendency in this Department and this Administration to view executive branch power expansively and congressional oversight as something to be avoided, evaded, or marginalized whenever possible. I hope you approach oversight as a constitutional congressional responsibility and a constructive avenue to improve government programs for the American people, but I am concerned that your actions may indicate otherwise.

I have been disappointed at times with DHS delays in responding to congressional requests for information and the adequacy of the information we receive. Too often, the Department categorizes information as law enforcement sensitive or otherwise restricts it, likewise limiting the public's access to information about DHS activities. Similarly, the Government Accountability Office (GAO) has had problems with access to information during your tenure in the Office of General Counsel.

Additionally, I am troubled by your office's aggressive legal interpretations of certain statutes to fit Administration priorities. Relatedly, I am troubled by your view that executive branch officials are bound to follow presidential signing statements disagreeing with provisions of laws passed by Congress and signed by the President.

I understand that these problems are not always connected with the General Counsel's office, but it appears that your office at times has been part of the problem rather than part of the solution.

If confirmed, I hope you will work to increase the Department's transparency and accountability.

I look forward to hearing from you on these important issues.

Thank you, Mr. Chairman.

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