Senate Begins Debate On Justice Department Nominee
WASHINGTON (Wednesday, March 11, 2009) – The U.S.
Senate today began debate on the nomination of David Ogden to be the
Deputy Attorney General of the United States, the number two position at
the Department of Justice. Senate Judiciary Committee Chairman
Patrick Leahy (D-Vt.) opened the debate in a floor statement Wednesday
morning.
Ogden’s nomination was first announced on January 5. A hearing to
consider the nomination was held on February 5, and his nomination was
reported by the Judiciary Committee on February 26. Documents,
letters and other materials about the nomination are
available online.
The Senate is expected to vote on Ogden’s nomination
later this week. The full text of Leahy’s statement, as prepared,
follows.
Statement of Senator Patrick Leahy (D-Vt.),
Chairman, Senate Judiciary Committee,
On the Nomination of David Ogden to be Deputy Attorney General
March 11, 2009
As Prepared
We are here today to
consider President Obama’s nomination of David Ogden to be Deputy
Attorney General, the number two position at the Department of Justice.
Mr. Ogden is a highly-qualified nominee who has chosen to leave a
successful career in private practice to return to the Department, where
he previously served with great distinction. His nomination has
strong support from leading law enforcement organizations, children’s
advocates, civil rights organizations and former government officials
from Republican and Democratic administrations.
David Ogden is an
immensely qualified nominee whose priorities will be the safety and
security of the American people and reinvigorating the traditional work
of the Justice Department in protecting the rights of all Americans.
That is why he will be a critical asset to the Attorney General.
What is astonishing
is that Republicans threatened to filibuster this nomination, refused to
agree to this debate and a vote on the nomination, and required the
Majority Leader to file a cloture petition, which he did on Monday.
For more than a week we were told that Republicans would not agree to a
debate and vote and would insist on filibustering this nomination.
I noted that
development at the Judiciary Committee business meeting last Thursday
after a week of fruitless efforts to move forward by agreement. I
noted my disappointment that, despite the bipartisan majority vote in
favor of the nomination by Republicans and Democrats on the Committee,
despite the support from law enforcement groups, children’s advocates,
and former government officials from Republican and Democratic
administrations, we had been stalled in our ability to move forward to
consider this nomination. And the Justice Department was left for
another week without a Deputy.
Quite frankly, I
found the news of an imminent Republican filibuster incomprehensible. A
bipartisan majority – 14 to 5 – voted to report this nomination from the
Judiciary Committee to the Senate. The Ranking Republican Member
on the Committee, Senator Specter; the Assistant Senate Republican
Leader, Senator Kyl; and the senior Senator from South Carolina, Senator
Graham, each voted in favor of Mr. Ogden.
In spite of that
bipartisan support, someone or a group of Senators on the Republican
side of the aisle were intent on filibustering President Obama's
nomination for Deputy Attorney General of the United States.
Two weeks ago, we
debated and voted on the nomination in the Judiciary Committee.
Those who opposed the nomination had the opportunity to explain their
negative vote. But I urged all Senators to reject the false and
scurrilous attacks that have been made against Mr. Ogden. I also held
out hope that they will reject applying double standards when it comes
to President Obama's nominees.
I am glad that some
semblance of common sense has finally prevailed on the Republican side
of the aisle. They have reversed their position and will not
filibuster this nomination. It was disturbing to see that the
President’s nomination of Mr. Ogden to this critical national security
post being held up by Senate Republicans.
I voted for all four
of the nominees that the Senate confirmed and President Bush appointed
to serve as the Deputy Attorney General during the course of his
presidency. In fact, each of the four was confirmed by voice vote.
Not a single Democratic Senator voted against them.
And, of course, every
Republican Senator supported each of those nominees as they did the
nomination of Alberto Gonzales and the other nominations of President
Bush to high ranking positions at the Justice Department.
Today, however, there
will be no more secret and anonymous Republican holds. Any effort
to oppose the President’s nominees – executive or judicial – will have
to withstand public scrutiny. There will be no more anonymous holds.
We can turn at last to consideration of President Obama’s nomination of
David Ogden to be Deputy Attorney General, the number two position at
the Department.
As a former
high-ranking official at both the Defense Department and the Justice
Department, David Ogden is the kind of serious lawyer and experienced
government servant who understands the special role the Department of
Justice must fill in our democracy.
It is no surprise
that his nomination has received strong support from leading law
enforcement organizations, children’s advocates, civil rights
organizations and former government officials from Republican and
Democratic administrations.
The confirmation of
Mr. Ogden to this critical national security post should not be further
delayed. The Deputy Attorney General is too important position to
be made into a partisan talking point for special interest politics.
The Deputy Attorney General is needed to manage the Justice Department
with its many divisions, sections, and offices and tens of thousands of
employees.
As Deputy Attorney
General, Mr. Ogden would be responsible for the day-to-day management of
the Justice Department, including the Department’s critical role of
keeping our Nation safe from the threat of terrorism.
I want publicly to
thank Mark Filip, the most recent Deputy Attorney General. He came
from Chicago last year motivated by public service. He was
confirmed just over one year ago, unanimously, by voice vote. On
February 4, after 11 months of dedicated and commendable service to us
all he left the Justice Department. It is time that his replacement be
confirmed by the United States Senate.
The Justice
Department is without a confirmed Deputy at a time when we face great
threats and challenges. Indeed, one of the recommendations of the
bipartisan 9/11 Commission was that after presidential transitions,
nominations for national security appointments, like Mr. Ogden’s, be
accelerated. In particular, the 9/11 Commission recommended that
“a president-elect should submit the nominations of the entire new
national security team, through the level of undersecretary of cabinet
departments, not later than January 20.” The Commission also
recommended that the Senate “should adopt special rules requiring
hearings and votes to confirm or reject national security nominees
within 30 days of their submission.”
President Obama did
his part when he designated Mr. Ogden to be the Deputy Attorney General
on January 5, more than two months ago. It is time for the Senate
to act. The problems and threats confronting the country are too serious
to continue to delay.
Scurrilous attacks
against Mr. Ogden have been launched by some on the extreme right.
David Ogden is a good lawyer and a good man. He is a husband and a
father. The chants that David Ogden is a pedophile and a
pornographer are not only false, they are wrong. Senators know
better than that. He is a decent family man and an exceptional
lawyer. He answered every question at his confirmation hearing
about his personal views and about his legal representations.
Mr. Ogden’s
nomination has received dozens of letters of support, including strong
endorsements from Republican and Democratic former public officials and
high-ranking veterans of the Justice Department, from National Center
for Missing and Exploited Children, the Boys and Girls Clubs of America,
and from nearly every major law enforcement organization.
Larry Thompson, a
former Deputy Attorney General himself, describes Mr. Ogden as “a
brilliant and thoughtful lawyer” who “has the complete confidence and
respect of career attorneys at Main Justice. David will be a
superb Deputy Attorney General.” Chuck Canterbury, the
national President of the Fraternal Order of Police, wrote that Mr.
Ogden “possesses the leadership and experience that the Justice
Department will need to meet the challenges which lay before us.”
A dozen retired
military officers who served as Judge Advocates General have endorsed
Mr. Ogden's nomination, calling him "a person of wisdom, fairness and
integrity, a public servant vigilant to protect the national security of
the United States, and a civilian official who values the perspective of
unformed lawyers in matters within their particular expertise."
David Ogden is an
immensely qualified nominee whose priorities will be the safety and
security of the American people and reinvigorating the traditional work
of the Justice Department in protecting the rights of Americans.
That is why he will be a critical asset to the Attorney General. I
urge all Senators to support Mr. Ogden’s nomination.
I ask unanimous
consent that my full statement be printed in the record and I reserve
the balance of my time.
# # # # #