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Specter Opening Statement at Holder Markup
Committee Favorably Reports Attorney General Nomination
Washington, D.C.
Wednesday, January 28, 2009 -
U.S. Senator Arlen Specter (R-PA), Ranking Member of the Senate Judiciary Committee, today delivered the following opening remarks at the Committee markup of the nomination of Eric Holder to be Attorney General. The Committee approved the nomination by a vote of 17-2.
“Thank you Mr. Chairman. I will vote in favor or the nomination of Eric Holder designate for Attorney General based upon his record and based up on certain key recommendations, and based upon the desirability of allowing the President to put his team into place. I do that because it overbalances the problems that I had questioned him on during the course of the hearings.
“I believe that the hearings are enormously important in evaluating a nominee, and in laying down certain markers. I think it is important that Mr. Holder was willing to admit candidly his mistake on the Marc Rich Pardon. The hearings are important also in terms of informing other people who may aspire to a high appointive office, who appear before this committee, that there are very substantial expectations for people in lofty positions like Attorney General. I have participated in many hearings on this committee including eleven Supreme Court nominations. Years after the hearings, decades after the hearings, nominees comment to me about remembering on what went on in the hearings.
“I think Mr. Holder will remember the hearing and it is a marker for him and for other people. I think the distinction that the Attorney General has as a member of the cabinet from other cabinet officers is important to emphasize. Cabinet Officers generally carry out the policies of the President. The Attorney General has a significantly different role in responsibility to the people in carrying out the rule of law. And I am aware of the enormous problems President Obama faces and to the extent there can be cooperation consistent with my conscience, our responsibilities, the separation of power, and checks and balances I intend to cooperate with President Obama.
“I think it is worthy of a sentence or two about the support of the Ranking Member on the committee. I think it is helpful to have as much bipartisan support as possible. I think the support of the Ranking Member has perhaps a little extra weight. I was appreciative of Senator Leahy supporting Chief Justice Roberts. I told him so at the time when he was Ranking because it gives a little broader support. I think it was important when Chief Justice Roberts was confirmed 78-22. You may think it doesn’t matter, well it does. Justice Alito was confirmed 58-42. He noticed that as well. When Justice Roberts was confirmed there were 44 Democrats and an Independent. Justice Roberts, Chief Justice Roberts got 22 Democrats and the Independent so he had 23, a majority of those who sat on the other side of the aisle. Senators have strongly held views, and Senators will follow their own consciences as they move forward but I feel a little extra consideration from the Ranking spot as I think Senator Leahy did on Chief Justice Roberts.
“One final comment or two: The opinion of former FBI Director Louis Freeh was especially weighty with me because Director Freeh was harshly condemnatory of what Mr. Holder did on the Rich pardon. He called the Rich pardon a ‘corrupt act.’ You can’t get any tougher than that. Not Mr. Holder’s action but the action of the President who pardoned Rich. Mr. Freeh said that the application for independent counsel on the investigation of allegations as to Vice President Gore on raising money from the White House in violation of Federal Law. That that application was the most conclusive he had seen; very, very strong language. And on the FALN case, again Louis Freeh was very, very tough in his criticism of that. Not withstanding that, former Director Freeh recommended him and recommended him strongly, and I think that was very, very significant. I did a lot of work with Louis Freeh over the years and I believe he is deliberate and wise and objective. So that the benefit of the doubt I think belongs Mr. Holder.
“I had a long talk with him last Thursday afternoon informally. Sometimes the informal conversations are more important than those held with the television cameras going, they have the disadvantage however of comments made that are not on the record and it is highly desirable that to the maximum extent possible it all be on the record for future reference. I think it has been a learning experience for Mr. Holder and for all of us. Thank you Mr. Chairman.”
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