Judiciary Committee Reports Three Justice Department Nominees
WASHINGTON (Thursday,
March 5, 2009) – The Senate Judiciary Committee Thursday reported three
high-ranking executive nominations. The nominations of
Thomas J. Perrelli to be Associate Attorney General,
Elena Kagan to be Solicitor General of the United States, and
David S. Kris to be Assistant Attorney General for the National
Security Division will next be considered by the full Senate.
Perrelli and Kagan were first scheduled to be considered by the
Committee on
February 26, but a vote on the nominations was held over for a week
at the request of Committee Republicans.
“The Judiciary
Committee has reported three more qualified nominees to fill high level
positions in the executive branch,” said Leahy. “I hope the Senate
will consider these nominations without delay.”
The nominations were
reported in three separate votes: Perrelli’s nomination was
ordered reported in a 17-1 vote, Kagan by a vote of 13-3, and the Kris
nomination was reported by a voice vote. Last Thursday, the
Committee
reported the nomination of
David W. Ogden to be Deputy Attorney General at the Department of
Justice. Despite a 14-5 vote in the Judiciary Committee, including
support from Ranking Member Arlen Specter (R-Pa.), Republican Whip Jon
Kyl (R-Ariz.), and Sen. Lindsey Graham (R-S.C.), Senate Republicans have
stalled consideration of the nomination. The Senate Majority
Leader, Sen. Harry Reid (D-Nev.), is expected to file cloture on Ogden’s
nomination this week.
“I am very
disappointed to see that the nomination of David Ogden to be Deputy
Attorney General is being held up and filibustered by Senate
Republicans,” said Leahy. “His nomination was reported by this
Committee for this critical post after weeks of consideration. If
Senators want to speak against or vote against Mr. Ogden’s nomination,
that is their right. But I hope that Senators would reject the
false and scurrilous attacks that have been made against Mr. Ogden.
I also hold out hope that they will reject applying double standards
when it comes to President Obama’s nominees.”
Leahy also addressed
press reports and Republican concerns that the Committee would adopt a
new policy for the consideration of President Obama’s nominations.
Under Leahy’s chairmanship, the Committee’s consideration of nominations
has been public and transparent.
“In the time I have
been privileged to serve as Chairman of this Committee, I have always
used the same fair and open practices to protect the rights of every
Member, Democratic or Republican,” said Leahy. “I intend to
continue using the same practices in this Congress in considering the
nominees of President Obama. I expect good faith on all
sides. I do not expect my efforts to be fair and protect the
rights of all Members to be abused.”
Next Tuesday, the
Judiciary Committee will hold a hearing on three additional nominations
at the Department of Justice:
Lanny Breuer to be an Assistant Attorney General for the Criminal
Division,
Christine Varney to be Assistant Attorney General for the Antitrust
Division, and
Tony West to be Assistant Attorney General for the Civil Division.
The hearing will be
webcast live online. Information about these and other
nominations are
available online.
The full text of
Leahy’s statement at Thursday’s business meeting follows.
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Statement Of Senator Patrick Leahy (D-Vt.),
Chairman, Senate Judiciary Committee,
On Executive Nominations
Executive Business Meeting
March 5, 2009
The Committee has on
its agenda today three nominations for high-ranking positions at the
Department of Justice. Two of these nominations, Dean Elena Kagan
to be the Solicitor General of the United States, and Tom Perrelli to be
the Associate Attorney General, were held over last week. These
nominations should be reported out of Committee today and considered by
the full Senate without further delay.
The other nomination
on our agenda is that of David Kris to head the National Security
Division. We are working to expedite his consideration for this
important national security post and recognize that our consideration is
not the end of the process. The nomination will also be considered
by the Select Committee on Intelligence before it is considered by the
Senate.
In the time I have
been privileged to serve as Chairman of this Committee, I have always
used the same fair and open practices to protect the rights of every
Member, Democratic or Republican. I used those practices during
the 17 months I served as Chairman during President Bush’s first term.
I used those practices in the last Congress, in the final years of the
Bush administration. I intend to continue using the same practices in
this Congress in considering the nominees of President Obama.
I expect good faith on all sides. I do not expect my efforts to be
fair and protect the rights of all Members to be abused.
In that regard, I am
very disappointed to see that the nomination of David Ogden to be Deputy
Attorney General is being held up and filibustered by Senate
Republicans. His nomination was reported by this Committee for
this critical post after weeks of consideration. A bipartisan
majority – 14 to 5 – voted to report this nomination. The Ranking
Republican Member and the Republican Whip both voted in favor of the
nomination along with the senior Senator from South Carolina.
Despite the strong support from law
enforcement groups, children’s advocates, civil rights organizations and
former Democratic and Republican officials, and despite this Committee’s
bipartisan vote, Republican Senators have now chosen to filibuster the
second of President Obama’s nominations reported by this Committee.
This is not a good start. In addition, this week all 41 Senate
Republicans signed a letter to President Obama threatening filibusters
of his yet to be named judicial nominees. That is not a good sign.
If Senators want to
speak against or vote against Mr. Ogden’s nomination, that is their
right. We had such a debate and vote here last week.
But I hope that Senators would reject the false and scurrilous attacks
that have been made against Mr. Ogden. I also hold out hope that
they will reject applying double standards when it comes to President
Obama’s nominees.
Today the Committee
considers two nominations that were held over last week, Thomas J.
Perrelli to be Associate Attorney General, the number three position at
the Justice Department, and Elena Kagan to be Solicitor General of the
United States, the chief advocate on behalf of the United States
Government. I thank Senator Cardin for chairing the hearing on
these nominations back on the February 10.
Dean Kagan’s
nomination is historic. In 2003, she became the first woman to
serve as Dean of the Harvard Law School. In that position, Dean
Kagan has earned praise from Republicans and Democrats, students and
professors, for her consensus-building and inclusive leadership style.
Now Dean Kagan is poised to break another glass ceiling. When
confirmed, she will be the first woman confirmed to serve as Solicitor
General of the United States.
Every Solicitor General who served from 1985 to 2009 – under Democratic
and Republican administrations – has endorsed her nomination: Charles
Fried, Kenneth Starr, Drew Days, Walter Dellinger, Seth Waxman, and the
three Solicitors General appointed by President Bush-- Ted Olson, Paul
Clement and Greg Garre. The Deans of 11 of the most prominent law
schools in the country also support her nomination. If there were
an equivalent to the ABA rating for judicial nominees, hers would be
well-qualified.
One of the conservative professors Dean Kagan helped to bring to Harvard
Law School was Jack Goldsmith. He is the conservative who began
the cleanup of the Office of Legal Counsel at the Department following
the work of John Yoo. Professor Goldsmith praised Dean Kagan's
“judgment” and wrote that because of Dean Kagan’s “previous government
experience and the years teaching administrative law,” she will, “take
to the Solicitor General's Office a better understanding of the Congress
and the Executive branch that she will represent before the Court than
perhaps any prior Solicitor General.”
Nearly 10 years ago, President Clinton nominated Elena Kagan for a seat
on the Court of Appeals for the D.C. Circuit. At that time, she
was a highly-regarded former clerk for Supreme Court Justice Thurgood
Marshall and former law professor at the University of Chicago who had
served as Special Counsel to the Senate Judiciary Committee, Associate
Counsel to the President, Deputy Assistant to the President for Domestic
Policy, and Deputy Director of the Domestic Policy Council. Her
impressive credentials also included a clerkship for Judge Abner Mikva
on the D.C. Circuit, two years at Williams & Connolly, and a stellar
academic career, graduating with honors from Princeton, Oxford, and
Harvard Law School, where she was Supervising Editor of the Harvard Law
Review. Despite Elena Kagan’s outstanding record, however, the
Republican Chairman and Republican majority on the Judiciary Committee
refused to act on her nomination. They pocket-filibustered her
nomination.
Tom Perrelli is the
managing partner of the Washington, D.C., office of Jenner & Block.
He previously held important Justice Department posts where he earned a
reputation for independence and integrity as well as the respect of
career lawyers at the Department. Mr. Perrelli’s career
demonstrates that he understands that the role of the Department of
Justice is to be the people's lawyer, with first loyalty to the
Constitution and the laws of the United States.
Numerous major law
enforcement organizations have written to endorse Mr. Perrelli’s
nomination, including the National President of the Fraternal Order of
Police, the Major Cities Chiefs Association, and the National
Association of Police Organizations. Paul Clement, who worked for
Senator Ashcroft and then Attorney General Ashcroft and was appointed by
President Bush to be Solicitor General, wrote that career professionals
at the Department who had worked with Mr. Perrelli “held him in
uniformly high regard” and that Mr. Perrelli’s “prior service in the
Department should prepare [him] to be a particularly effective Associate
Attorney General.” He also described Mr. Perrelli as “an
incredibly skilled lawyer” whose “skills would serve both Tom and the
Department very well if he is confirmed as the Associate Attorney
General.”
I have also put on the agenda today the nomination of David Kris,
another highly-regarded veteran of the Department of Justice. He
is a former Federal prosecutor who spent eight years as a career
attorney in the Criminal Division at the Department. He was then a
political appointee under both President Clinton and President Bush,
serving as Associate Deputy Attorney General from 2000-2003. In
that role, he supervised the government's use of the Foreign
Intelligence Surveillance Act (FISA), representing the Justice
Department at the National Security Council and in other interagency
settings, briefing and testifying before Congress, and assisting the
Attorney General in conducting oversight of the U.S. intelligence
community. I thank Senator Feinstein for chairing that hearing
last week on his nomination.
Mr. Kris understands the role the Bush administration’s excesses have
played in undermining the Department of Justice and the rule of law.
In 2006, Mr. Kris released a 23-page legal memorandum critical of the
legal rationale offered by the Bush administration in connection with
the National Security Agency’s warrantless wiretapping program.
Mr. Kris was an early advocate for the creation of the National Security
Division he has now been nominated to lead. He is leaving a
lucrative practice as in-house counsel for a major corporation to return
to government service.
Mr. Kris’ nomination
has also earned support from both sides of the aisle. Former Bush
administration Solicitor General Ted Olson describes Mr. Kris as “a very
sound lawyer,” who “is committed to the defense of the United States and
its citizens, and respects the rule of law and civil rights.”
Former Deputy Attorney General Larry Thompson writes that he asked Mr.
Kris to stay in his post in the Bush administration after finding that
“he had a passion for national security issues but also a deep respect
and appreciation for the related civil liberties concerns.” Former
Bush administration Homeland Security Secretary Michael Chertoff and
former Attorneys General Janet Reno and John Ashcroft have all written
in support of Mr. Kris’ nomination.
I scheduled the
hearings for the nominees before us today and the hearing Senator Kohl
will chair next week on three more important Justice Department nominees
after consultations between my staff and Senator Specter’s staff.
I accommodated the Ranking Member’s request not to hold the hearing on
Dean Kagan’s nomination the first week of February and, instead,
scheduled it for the second week of this month. Consideration of the
Kagan and Perrelli nominations have already been delayed a week. It is
time to move forward.
I urge all Members of
the Committee to come together to do what is right and approve these
extraordinary public servants to the critical posts for which President
Obama has nominated them.
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