Transcripts For CSPAN2 Key Capitol Hill Hearings 20150423

Cosponsors. In order to look at the reality that not only does u. S. Have more prisoners per capita but we also have lengthy prison sentences and do not serve the cause of justice and allow us to have the resources to keep our communities safe. He has been an outspoken supporter of this bipartisan measure and i hope you would continue supporting it too although i wont put you on the spot to do so without giving you a chance to look at it. Let me add one other element. As chairman of the constitution we also had a hearing on solitary confinement. Turns out the United States prison system has more prisoners in solitary confinement than any other nation. We have testimony from those who have spent ten years on death row in solitary confinement in texas and even longer in the state of louisiana and were ultimately exonerated. They were not exonerated. They were not found to be guilty. It had is a devastating impact on the human mind and spirit where so many of these people who serve time in solitary confinement, many of whom are going to be ultimately released is something the federal bureau of prisons is now addressing. Addressing. You have been a prosecutor for many years, what is your view when it comes to solitary confinement . Confinement . You raise important issues about the management of our prison system which are charged with the ultimate repository for those who have been precluded or are seeking to harm america. It must be done in a constitutional and protective fashion. These are balances we have to fight. Fight. I take the view that as we look at these issues, one of the benefits of this discussion is to have continued discussion on these topics. There are many municipalities that are looking at this very same issue. New york city is looking at it with respect to juvenile detention and looking to remove solitary confinement as an option for juvenile detention as well. Based on many of the similar studies you are talking about, i believe we have to look at those studies and listen to the evidence that comes before us and make the best determination about how to handle what can be a dangerous prisoner population in a way that is both constitutional and effective. Thank you very much. Thank you mr. Chairman. Senator graham is next. Thank you very much miss lynch and congratulation on being chosen by the president. This is truly an honor, im sure. Do you support the Death Penalty . I believe the Death Penalty is an effective penalty. In penalty. In fact my office most recently was able to achieve a death verdict there. Yes. So we have sought it, yes. Sequestration. Have you had a chance to look at the impact of sequestration and how that will affect your ability to defend this nation as attorney general . I have had an opportunity to review that matter very closely through my work on the advisory committee. Also as the United States attorney, dealing with the budgetary limits that came down with the implementation of sequestration. As you are familiar with the history, far more than i, this constrained the federal budget greatly. Is this a fair statement, if Congress Continues to implement sequestration it will devastate the department of justice to defend this country . I believe that is a fair statement and also warrants discussion for how we manage a budget in a responsible manner which i know is important to this body. We also need the tools we need to protect the American People. Have you ever seen more threats throughout our country than you do today . We are seeing an increased number, and probably the highest number of threats that i have seen, not just from terrorists but the increased activity in terms of cybercrime is one that is not only increased numeric glee but qualitatively in the type of threat that we face. We. We need to upper game and the threat of Cyber Security fairly quickly. Do you agree with that. Yes we need to get ahead of these criminals in terms of detection and prevention even before we get to the apprehend action of these criminals. Youve outlined probably the greatest fear of any prosecutor area the combination of a cyber attack and carried out on behalf of a terrorist entity is one that we take great pains to prevent, to detect and disrupt. It is certainly an emerging threat and calls for resources beyond personnel but in terms of our technology also. Does it also cry out for congress to take an approach to our slight cyber problems that would modernize our ability to deal with this threat . Certainly a comprehensive approach is necessary. In new york all of us are struck by the prevalence of cyber issues in every type of case that we prosecute now. Much more so now than even five or ten years ago now. We must have a comprehensive accrual approach that allows government to work with private industry as well to come up with ways to protect us against this threat. Could you give us an estimate of what it would cost to the port 11 Million People . Certainly senator i wouldnt be able to give you the estimate now. I would probably have to reach out to the department of Homeland Security that would be charged with that particular act and see if they could provide that information to you. Okay, do you have a role in the deportation of people who are here illegally. In the department of justice you have any role there . In terms of deportation the role is initially handled by the department of Homeland Security. There are Immigration Court in which individuals can seek asylum that are handled by the department of homeland scary. That would actually be further along in the process. But thats part of the process question marks me back yes it is. What you think it would take to the port 11 Million People . I think it would be instructive to us to see what the bill would actually be. Do you think the national nsa Surveillance Program is constitutional as it is today . I believe it is not only constitutional and effective, i know there are Court Challenges to that and we will abide by those regulations, but it has been in a very effective tool but youre okay with it being constitutional from your viewpoint. Certainly constitutional and effective. Thank you. Marijuana. There are a lot of states legalizing marijuana for personal conception. Is it a crime at the federal level to consume marijuana . It is still a federal crime to possess and distribute under federal law. Law. Would the federal law preempt states that are trying to legalize the substance . Senator i think you raise very good questions regarding the relationship of the federal regulations in the state that they also have concurrent jurisdiction and in terms of matters in which citizens of various states have voted. With respect to the marijuana enforcement laws, it is still policy to continue enforcing the marijuana laws, particularly with respect to the Money Laundering aspect of it where we see the evidence that marijuana brings with it, organized crime activity and great levels of violence. Do you know michelle linhart. She is the administrator of drug enforcement. Have you ever had a conversation with her on her views of legalizing marijuana . . We have not spoken about that although we have spoken on many other issues. Could you have that discussion and report back to me what the results are . Certainly are . Certainly all speak with her and id also like to speak more with you on this issue. It was said that enforcing federal law would not be a priority to those where marijuana is legal. I believe the policy seeks to try and work with the states system that tried to take a different approach than the federal government with respect to marijuana and try to find the most effective way to still pursue marijuana cases. The policy that has been implemented still requires federal prosecutors to seek prosecution of marijuana cases particularly where we have children that are risk, where marijuana is crossing state lines where its being trafficked from a state that has a state that has chosen a Legal Framework into a state that has not chosen a Legal Framework and the possible harm they are in and those who are driving under the influence of this. They are looking at the risk of those falling into the risk of children and the harm that can be done there. Of the state is intending to legalize personal consumption at a small level of marijuana what would your advice be to that state . If estate were to reach out for its views to the agency, certainly i believe the department would have an obligation to inform them of the current federal status of narcotics law and the departments position that the federal narcotics law will still be enforced by the department of justice. In 2006 you signed something supporting plan parents could opposition to that type of abortion. We were focused on the facial issues of the law and how it might impact Law Enforcement discretion and independence. The only reason i mention that is if there is a republican president and an attorney general nominee takes an opposite view on an issue like abortion, i hope our friends on the other side will acknowledge its okay to be an advocate for cause. As a lawyer that doesnt disqualify you as serving. Samesex marriage samesex mac marriage this may go to the same Supreme Court very soon. If they say that marriage bans are unconstitutional for a state to try to limit marriage between a man and a woman thats clearly the law of the land unless theres a constitutional amendment to change it. Legal rationale would be in play that would prohibit polygamy. Whats the legal difference between a state a ban on same marriage being unconstitutional and a ban on polygamy would be constitutional. Could you explain the difference. I have not i have not been involved in the argument or analysis of the cases that have gone before the Supreme Court so im not comfortable undertaking legal analysis without the ability to take a review of the relevant facts and the precedent there. I certainly would be not able to provide you with the analysis at this time but i look forward to continue discussions with you. From rhode island this would be my plan and you tell me of this would be enough time. Thatll take us still about 1245 and i was thinking about coming back at 130 is that going to give you enough time. Thank you senator yes indeed. Thank you chairman welcome to the committee and congratulations on your nomination. I look forward nomination. I look forward to looking working with you on a considerable number of issues Going Forward. There have been a significant amount of commentary about the president S Immigration measures. The Ranking Member has asked me to put into the record letters from lawenforcement leaders in ohio, utah iowa indiana and wisconsin about the president s policies and saying concluding that while the reform improves a broken system mechanic achieve only a fraction of what could be accomplished with a broad system. We truly need a permanent, legislative solution and we urge congress to adopt comprehensive reform on immigration. Theres another letter from the task force on sexual violence. Theyve asked that those be made a part of the record without objection . Theres also been considerable commentary about attorney general holder at a hearing in which he does not have the opportunity to defend himself. Its my opinion that a significant amount of that commentary would not withstand his ability to defend himself if he was here so let me say in response to that there are legal arguments and policies that fall outside a particular ideology. That does not make them outside the mainstream and it does not politicize a department to make those arguments or pursue those policies. I argue that its the effort to constrain the department within that ideology that would be politicizing. Id further note as a former United States attorney, that the department that the atty. General holder inherited was in a state of disarray. Thats not a a matter of opinion, the office of Legal Counsel wrote opinions that were so bad so illinformed, so ill cited to the case law that pertained that when they were finally exposed appear review, they were widely ridiculed and ultimately withdrawn from the previous administration. We witnessed efforts to manipulate u. S. Attorneys that caused a very public rebellion among sitting u. S. Attorneys at the time and it drew in past u. S. Attorneys appointed by past u. S. Democrat and republican president s. We were exposed to hiring practices within the department that were overtly political and had political litmus test for hiring and a series of other issues that led to the resignation of the attorney general of the United States. Its easy to critique attorney general holder and blame him for politicizing the department, but i hit but i think history and judgment will reflect that he actually brought the department back from a place where it had been, sadly, politicized. I can say firsthand a lot of my u. S. Attorney colleagues both from republican and democratic sides were very concerned about what was happening to the department back time back then. I dont want to waste this hearing on that, but with all the things that about general holder without him having a chance to dissent defend himself, i wanted to say that. I hope you will be confirmed. They raise the issue of Cyber Security and he has been an extraordinarily helpful and forward leaning member of the senate on protecting our country from the dangers of cyber attacks, whether its ordinary criminal activity or the theft of a property wholesale on behalf of chinese industries, or a really dangerous threat of laying in cyber sabotage traps that can be detonated later on in the event of a conflict. Im concerned about the structure within the department for handling Cyber Security. Add an investigated level its spread across the fbi, fbi secret service and to a degree Homeland Security. Within the department it falls under multiple areas. I hope that with the assistance of other areas we can continue to continue a conversation about what a deployment of resources and structure should look like against this Cyber Security threat in the future. Would you agree to participate in such a process . Certainly i think youve outlined an important issue and as a confirmed attendance atty. General i look forward to working with you and the others on this issue in making sure that the department is best situated to handle this growing threat. There is considerable by party legislation on the subject and i hope its one where we can get something serious accomplished in the months ahead. Another area where there is considerable by party is on sentencing reform. Should it be done at the front end, at the sentencing and . We have almost a parallel bill that relates to the end of the sentence and how to encourage incarcerated people to get the type of job training drug and alcohol rehabilitation anger Management Mental Health care family reconciliation, job training or whatever they need so when theyre put back into society they have a last chance of going back to a life of crime i think we made a lot of progress on that and i think we have i think we have good legislation and i hope you and the department will continue to be supportive of our efforts. Certainly sen. Youve senator, youve raised the next challenge when we look at how to manage our prison system and the issue of crime which is how do we help people who are being released returned to the communities and become productive citizens as opposed to returning to the prior criminal behavior that landed them in prison and creates new victims. That will certainly be a new important part of my focus. Within the Eastern District of new york we have very strong programs for reentries that are supported by other offices in the most difficult district. Ill be working with those reentry efforts and they work exactly as you said in focusing on job training, building skills so those coming out of prison can become productive members of society as opposed to those who will harm other members of society. You have raised society. You have raised very important issues and i look forward to continuing this discussion with you and people in this committee and body on those issues. Thank you. Another issue we will be working on thanks to senator grassley is a re authorization of the juvenile reauthorization act. I appreciate very much that the chairman is willing to work on this and has made it one of the priorities for this committee. Obviously the way in which juveniles are treated in our correctional system and the way theyre detained has been an important issue for the Justice Department and i ask again for your cooperation in active support of our process Going Forward to reauthorize the j date j pa. This is a great concern to me in terms of both my practice in new york and talking to my colleagues across the country who face these issues. I believe issues. I believe it is important to all of us to look at the latest research on how juveniles develop and how they manage themselves in certain environments and i i am open to reviewing those. I look forward to working with you in reviewing that statute. You and i both had the experience of being u. S. Attorneys and i suspect we both had the experience of finding people who were targets of our efforts and if we look back into their past might have avoided our attention. If they had managed their drug or alcohol edition diction or gotten Mental Health treatment that they needed and it sort of a societal sorrow when they dont get the treatment they need and end up in the criminal Justice System. Its a great burden for the taxpayer. We have a recovery a recovery act that i hope youll work with us and intervene with addiction intervention and move them to the appropriate setting rather than moving them to the criminal Justice System which is often an inappropriate response. We have been very forward thinking and effective in setting up diversion programs that has provided great support for people and allowed them to provide treatment and become productive members of society and therefore escape being trapped into a spiral of criminal behavior and the results of thereof. Thank you. Now senator lee. Thank you mr. Chairman and thank you ms. Lynch for joining us today. Thanks for your service to our country. I also appreciated our visit recently when you came to my office and im grateful to you for your support. The Bipartisan Legislation that im working on is important and i appreciate your views on that as well. I want to speak with you briefly going back to the prosecutorial discretion. I assume youd agree with me that there are limits to prosecutorial discretion. Its an intended to be an exception to the rule and not the rule itself. Would you agree with me . Certainly sir, i believe in every instance a prosecutor has to make the best determination of the problems presented in their area. They have to set priorities and exercise discretion. So prosecutors inevitably half limited resources and its understandable why they would choose when they have to priority ties why they would put more resources into punishing bank robbers then pickpocket errors. They might put more resources into going after pickpocket errors and going off to people who exceed the speed limit. At some point there are limits to this and it doesnt mean that it would be okay for proper exercise to issue permits for people to speed, right. Certainly if a prosecutor were to come to a view that they had to prioritize one crime over another, you would always want to retain the ability, even if it was in an area that wasnt immediate priority if it became one because a particular neighborhood was being victimized or to use your issue of speeding, if there were deaths reap resulting from that you would want to have the ability to take resources and focus on that issue. It might not be the First Priority but you would want to have the ability to go back and deal with that issue. For that issue prosecutorial discretions and lawn fosters law officers dont go back they leave open the real possibility that someone can and will be brought to justice in one way or another for any violation they commit while speeding. I cant speak to all Law Enforcement agencies but i know that the priorities are known and sometimes theyre expressed. Every office has guidelines. Certainly the agencies are aware of certain guidelines in terms of a dollar amount involving certain types of crimes. If someone went out and set him going to issue a permit that they may speed and go up to 100 Miles Per Hour without receiving a ticket, unless that person were also in charge of making the law that would be a of power laws are made. Im not able to respond to the hypothetical but it doesnt sound like something a law officer would be engaged inches without knowing more of the details i cant respond to your hypothetical. Lets shift gears for a minute. Do you agree and Second Amendment rights as well . The Supreme Court has set for clarity on this issue so regardless of the amendment that is a protected right. Are you aware of operation in show point in the departed to of justice and through this program they have pledged financial pressure on the gold businesses including hardworking americans that sell firearms sandy ammunition by telling banks not to do business with them i am still generally familiar with operations in chokepoint and with the current work i have not been involved with the implementation or creation but my general understanding is that the targets Financial Institutions that are involved to perpetrate fraud upon consumers where there might be a financial as touche and facilitating Consumer Bank accounts being looted were losing the big accounts that is the target buyer not familiar enough with the underlying businesses or those transactions may have originated but that is my in the standing. Should you be confirmed you will work to see that legitimate americans are not targeted. I look forward to hearing your concerns. Thank you. What about a civil forfeiture . Is a fundamentally just or fair for the government to be able to seize property from a citizen without having to prove the success and was guilty of any crime . Based solely on a showing of probable cause it was used within a crime . Civil and criminal forfeiture are important tools of the department of justice as well as state and local counterparts to manage your taking care of the first order of business to take the profit out of criminal profitability it is done pursuant supervision of a court order and the protections are there but the. But if you ask the average person on the street did you think the government should be able to do that . Should they be able to take the property apses showing you did anything wrong . And the condition for getting it back whether a bank account or frozen or sis or a vehicle for the you have to prove your innocence so you are guilty until proven innocent at least in the sense your property is d think the average citizen is comfortable with that . I cannot speak to the average citizen by a understand there has been a lot of discussion and concern over Asset Forfeiture as a program expressed by a number of people. Particularly at the state level that they have adopted in response to an outcry significantly restricting the use of civil forfeiture proceedings for that very reason. Which leads to why i raise this is is misunderstanding the department of justice has been used as a conduit through which lawenforcement officials that the state and local level can circumvent state laws restricting the use of civil forfeiture within the state court system. Where the state law established system it is prohibited people can go through the department of justice maybe they take 20 percent of the value than those can be returned known as adoption. Dont you think most americans would find that concerning of the federal government facilitates to circumvent state law . To make a number of people would have questions out the department of justice manages the Asset Forfeiture program and those questions have been raised. Might understanding is there is a review and as u. S. Attorney i am aware that the Adoption Program that you just described did raise it to fracking concerns has been discontinued by the department. There is except shoes like explosives or items of danger but it is part of the ongoing review of the Asset Forfeiture program and if i am confirmed but i will continue the review purpose also of the for word to continuing these discussions with you on behalf of constituents as an important part to be as transparent as possible to explain how it operates. And Asset Forfeitures a wonderful tool but as with everything we do we want to beecher we are as responsive as possible to the people were serving. I look forward to those additional discussions. Thank you very much brighter still an i am only thing that stands between you and your lunch and this entire room and their lunch. Your dad seemed to enjoy the al. [laughter] i think everyone knows you have been an impressive resonate and to something i read this week ended your profile we have something in our households obstacles are the path and nobody represents that better their duties towards the will of the test they did not believe you had taken it said you took it again and scored even higher purpose of the obstacles are the path. Or when you were valedictorian and the School Official said it would be too controversial if you revealed the one. So they added other students was thinking of the senators we may have more than if you and i dont think that ever happened to them so thank you for your courage and perseverance and also from your parents have brought you with us today. Choose start with a question has also a former prosecutor we worked really well with the u. S. Attorneys office. Including todd jones and also Tom Heffelfinger who was u. S. Attorney under bush and it has been very important that relationship we have had with local prosecutors in the local Attorneys Office and could you talk more how you view that had you would like your u. S. Attorneys to work with local prosecutors that can be inundated with a lot of cases sometimes they have the luxury but we would handle tens of thousands. Thank you. An important part of my practice one of the benefits is getting to know the and other prosecutors not just fellow u. S. Attorneys but the terrorist state and local prosecutors with whom we work so well i am so privileged in brooklyn to have a strong relationship with the district attorneys and all five counties but even outside of my district into manhattan and beyond. We talked often on issues affecting the community and the entire district and i was privileged to share the prescription and Drug Initiative with the Attorneys Office in brooklyn to handle the problem of prescription and drug abuse that has spiked leading to violence. And am sure you know, for ratified peril when users started with prescription in drugs and i think people are shocked by that to see that connection. We do because of the zero pureed and we are seeing a resurgence in heroin across the country this country that espy had dealt with in a collaborative manner and to take the privilege to work with counterparts to kraft prescription and Drug Initiative sendero initiatives along with Violent Crime to work closely with the character parts to determine where is the best place for decades to be brought . Are the type of sentence achieved or evidence of miscible and we cannot have those discussions without building on a positive working relationship. It is the hallmark of u. S. Eternity community. Should be confirmed but i will draw upon that strength as well as all counterparts throughout the country. People at ground zero often come up with the best solutions they pull in the Health Care Community and parents and Community Leaders to come up with a solution that works that can often be replicated per christ of see that happen with the u. S. Attorney colleagues with heroin abuse with the initiatives that they were garner as well. The intent to rely heavily are and my colleagues. Thank you for that answer and the senator and i did the drug take back the bill and got the rules out finally and we look forward to working with you on that. I will talk to you later with your work in rwanda but also prosecution of International Terrorist and what lessons you have taken from that from a home state prospective u. S. Attorneys office prosecuted a number of members who were going to somalia and the first person killed in syria fighting with isis was from minnesota and the attorney recently issued indictments against others that were recruited to fight in syria per cop Pilot Program involving losses angeles and boston and minneapolis st. Paul there is a conference coming up but talk about your experience with these cases in how you think this should work as it comes out of general funds if you would support a specific funding for the program. Talking initially on violence extremism, one of the most difficult things to see our young men and women who are turning to the radical brand of terror to be recruited overseas and are sent back to perpetrate threats against the homeland. The reasons are debated and we need further discussion from must take steps to combat to understand this level of affection with Current Society to help them and their families understand some of the most Difficult Conversations i have had is when i visit the mosques in my district to have wonderful interaction with the residents. But to talk about violent extremism and to parents whose said i just dont understand why the government targets might use to have discussions cover it is difficult for any parent to know what the children are seeing and how they respond to what is put forth and the harm to those families that they lose their children absolutely when they are sucked up only two true comeback to be dealt with by american injustice the types of cases we have seen we have individuals whose started off as relatively peaceful but were dragged into radical extremism were recruited to return to the u. S. To perpetrate attacks. You are aware of the Pilot Program in the twin cities . Yes. Very important given the nature of the problems and the devastation that is it essentially brought with those families and community those issues are important to look forward to working with you because they have a lot to teach all of us. Also about sex trafficking you have done an impressive job chair prioritize that investigation. This is something senator cornyn and i have a bill called the safe harbor bill supported by a lot of the groups that provides incentives that treats of victims as a true victims and not as perpetrators for our think we can build better cases that way for testifying. Can you talk about your work in this area . State harbor laws are the next of to help the victims of this horrible scourged for komer office has been privileged to be the way to prosecute numerous individuals who have trekked women through the eyes or deceit or coercion or even rape before theyre brought to this country and forced to work your sexual slaves. It is a degrading process and one that they find difficult to escape because of a language barrier for children are held in the home country to force them to behavior and continue. Some of the work i am most proud of is the efforts we have undertaken with the organizations that help against Human Trafficking and other governments to reunite these children with their mothers after the cases are over simic we have a number of domestic victims think 80 percent to from the of United States and especially of bin north dakota. Thank you very much for your grace under pressure about the chairman will let you get to lunch. [laughter] we will now adjourn. [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] [inaudible conversations] will come back ms. Lynch we hope youre ready to continue for according to a the seniority order senator cruz of texas is next. Thank you mr. Chairman. Good afternoon congratulations on your nomination and to your family who i know are proud of you to be nominated. I will note a number of my friends and colleagues have practiced law in new york have reached out to me with words of praise you describe your tenure as u. S. Attorney as nononsense prosecutor. And as a u. S. Attorney who honored and respected the al lot. For that i congratulate you. You began your remarks by describing how with new attorneys in your office to remind them they taken knows not to the attorney general but to the constitution. That same thing is true for the attorney general of the United States. I have long expressed my very deep concerns with the conduct of the current attorney general eric holder. He has a long and distinguished bipartisan in history of being willing to stand up to the president who appointed them, attorneys general and both parties have demonstrated fidelity of lot to the constitution even if that meant telling the president know. That is never easy to reduce. But part of what makes the department of justice special is attorneys general democrat and republican have honored that commitment as you noted to the constitution but not to the president who has appointed you. My single greatest concern with attorney general holder has upheld that tradition is more of a partisan operation than impartial lawenforcement agency. So i will ask you is the simple question if confirmed , how would your tenure as attorney general differ from that of eric holder . Eric you have raised the Important Role of the attorney general it is incredibly important but as a cabinet member unlike others that the application is first and foremost, to represent the American People and protect the constitution to execute the laws passed by this body in interacting with the white house or any agency if confirmed by would do so in the matter i conduct myself as units states attorney with full and fair evaluation every matter brought before made a full and fair review with the discussion of career prosecutors even the most junior people i have found to have the most insight with that determination but Going Forward they create their own path and that is how i am different i will be Loretta Lynch the person i have always been the demand office to terms focusing on the projections of my district and if confirmed for the American People but what i wishers say with respect to the issues that you raise i greatly appreciate you sharing them with me now and in your office to look forward to more discussions with you and your colleagues and i will pledge now are always listen to your concerns and consoled inappropriate but there is a collective wisdom and experience prosecutorial and the lead of the torture having a dialogue to kraft a positive relationship with congress. Thank you for that commitment is welcome and would mark a sharp break from the practices of their Current Department it is the frustration of the other members they have not been responsive to this committees requests and if that were to change it would be highly welcome. But to focus on two specific areas where i believe the department has gone with partisan politics. Starting with the immigration that is a topic of discussion already. You mention it you had taken the opportunity to review carefully the opinion on the executive in an amnesty for colored do you agree with the legal analysis . Have had occasion to review the opinion that dealt with the request for a vehicle for rework how to prioritize removal of undocumented immigrants under their jurisdiction for i did not see a pathway to citizenship as the review the opinions it seemed to be a to look for a Legal Framework based on precedent from congress as well as the Discretionary Authority to prioritize the removal to place the undocumented immigrants to be a reasonable exercise i hope the protection of those communities from Gang Activity or terrorism would be at the top of the list. You said now and before you have the legal analysis says reasonable to but to operate in the place of the attorneygeneral as the legal judgment the chief legal officer of the United States. So do you agree with that legal analysis in the memorandum . Would that have been your legal analysis with the same question . I am unable to say at this point if it would have taken the same path because i have not reviewed all the cases that i ayrshire went into that but if it talks about the exercise of executive discretion looking at president as well aS Immigration and to see if there was a Legal Framework and i noted for some of those actions they found there was of the gulf reworked that they wanted to set to emplace but some of the requested actions they found there was not the appropriate Legal Framework instead that they should not proceed. It is rand standing that advice was taken so i think it has the obligation to look at the lot and the facts and the actions to say where there is the Legal Framework gore where there is not. Ms. Lynch i would note i am asking if you agree with the analysis sure a talented lawyer so i suspect twice you have to answer the question you describe what it did but did not give an answer if you agree or not. I told to unfounded to be reasonable to recognize the issues on a reasonable basis gan 2011 before the last election the president said with respect to use the notion and with deportation through executive order that is just not the case because there are laws on the books that congress has passed. Do you agree with what the president said in 2011 . And recon dont know what legal opinion he is relying on at the time but to talk about the temporary deferral in a way that does provide that the fran work but i dont know if he was but speaking of that issue but i could not give a legal opinion at this time. The executive action it has no legal basis whatsoever. Is jinjus upon the notion of prosecutorial discretion how they prioritize some over others focusing on more violent criminals but interoffice you have to exercise prosecutorial discretion was your practice for any category twos suggest to those who may have violated the law they could come into your office to seek a written authorization exonerating demitasse crimes to authorize them to continue to carry all crimes for a large pair of offenders . We would not have that type of direct dealing it will it come to the point where theyre already under suspicion of wrongdoing. We would not have that type of discussion. Says that is not anything you ever did . Train wreck we do have priorities and guidelines that are shared with lawenforcement colleagues and also state and local colleagues where we discussed certain types of cases. We will continue these discussions. Congratulations on the chairman. Figure i am glad to be chairman of. [laughter] i know that you are. [laughter] congratulations on your nomination. It was great to meet with you your reputation to be smart and tough procedure to into did not disappoint thank you for the wide range of conversation we had before lunch prepare you enjoyed lunch . Yes, sir. [laughter] i discussed things when you were in my office one is the prison system. United states says 5 of the World Population but 25 percent of the population and one of the biggest problems is review would as the subsidy for a wealth of auctioning mentalhealth system the people in prison or in jail who probably should not be there to record isnt serving anybody any purposes. We have young people who were in solitary confinement that just makes their mentalhealth workers. So what i want to do to redress that is the collaboration active of the reauthorization of the mentally ill offender treatment rehabilitation act which has been very bipartisan in the past in fact, it is now carried by a republican in the house and i just want to ask you for your support as we go forward to make sure that our criminal Justice System isnt just wasting money money, but wasting lives and that we will Work Together on that. Look forward to working with you on that as well as other important issues for to have highlighted one of the department developments with the Ongoing Research done into the root causes of so much criminal activity and where the mentally ill are involved we learn more how that killed this impacts them as they make their way through the criminalJustice System of the for virtue taking advantage of that knowledge. I dont know if you heard of crisis intervention training for that teaches police on the ground and corrections officials to recognize when they see someone with the Mental Health problem and to deal with it is the correct way. Certainly the research has shown in the one with experience who has a Mental Illness knows that conditions could manifest in a way that appear to be disruptive but are a reflection of the elvis. So i will be doing a Mental Health court so if a prosecutor or arresting officer and the defense attorney and the judge said this person belongs in a Mental Health court so they can be treated in not go to prison where it clogs up the system and makes this persons condition worse worse, then redo that. Also Veterans Court we have so many coming back with invisible wounds sometimes there medicated by drugs or a call and instead of going to prison maybe we go to veterans for a. Some of my colleagues have been instrumental to work on Veterans Courts in particular as part of a commitment to protect all rights of veterans for curassow correctly ask so much of our men and women in they come back to was different than how they laughed to believe we have an obligation to provide the best treatment to thank them for their service. Fabulous i look forward to working with that shoots to be confirmed. Moving on to specifics, i was chair now Ranking Member of the Technology Subcommittee in there is a lot of technology out there that is news that we learn about and the unforeseen consequences. Refers did location and privacy i got testimony from the Minnesota Coalition for battered women. There was a story about a woman who had an abusive partner and she went to a county building in st. Louis in northern minnesota while she was there on her from she got a text why are you is a the county building . Is curator so much say church through the courthouse while she was there schaede gets another one wire rack the court house getting a restraining order . It turns out this is very common. Doj does have the authority that allows the stockers to listen to new phone calls or intercept Text Messages and doj has prosecuted one act it ask that you continue but looking ahead would you work with me . I have a bill to stop the marketing of of stalking apps for the last data is from 2006 said donald you keep up with technology but since then a lot more people have a smart phones it is a problem. You outlined a very important issue outlining victims of violence they thought someone was close to them could turn on them and elect four to working with you not only of the departments efforts but to look at the statute to provide whatever assistance we can. I am very concerned about the Telecommunications Industry consolidating specifically comcasts proposed acquisition of Time Warner Cable was the largest Cable Provider in the second largest internet Broadband Internet provider but to me theyre just too big with the unprecedented power in telecommunication industry. There has spent a lot of comment on this including mine with the antitrust division. Will you commit to reviewing these serious concerns about the proposed deal that i and so many others have raised . Just to do gore you can with the antitrust division can stand up to the Telecommunications Giants . Research to make to play the extremely Important Role to keep the market competitive of forward to your learn more about this case to make sure all of the concerns are brought to our attention and to be dealt with as we move forward. Okay. Then i will probably vote for your. [laughter] thank you, mr. Chairman. I appreciate it and hearing your life story with your family here and appreciate the reading in my office a few months ago as well. I will bring it up again to the voters situation in arizona we share such a large border with mexico but there has been considerable success in the of sector called yuma that was down at 6,000 last year so considerable success contrast with tucson that has seized the drop but not nearly as significant they had about 87,000 apprehensions. One of the things that everybody attributes the success of yuma sector is operations streamline to allow the consequences to be implemented with firsttime crossers are met with consequences and it has pointed to Law Enforcement organizations to recognize that has been successful. But the problem is doj said they will no longer implement parts of at and first offenders unless there is another circumstance will not be prosecuted. What are the specifics of this new policy as you understand it . Certainly i have had the opportunity to learn about this with my discussions on the arizona and texas and california borders and they work hard every day to keep our borders say if to protect the people in their districts dealing with this problem. Im not familiar with the current status as it relates to firsttime prosecutions by individuals are still prosecuted tuesday extend the first time prosser would not be prosecuted but are subject to removal without a criminal case. The issues have to do with resources with the Budget Constraint but i can assure you the current into protective of border is strong not only with u. S. Attorney but throughout the community and would be one of my priorities also. I mentioned this is what distinguishes the yuma sector from the others. If you say it is the budget issue why havent we seen concerned about the budget or doj has come to congress to say were having issues . Sova to continue we need additional funding. Has that happened . Director am not aware with the specifics of of budget but just general leave relating to the u. S. Attorneys general but not relating to specific programs and i cannot provide this information but it is something ever worked closely on if i were confirmed as attorney general. Barring budget issues is this a program you are committed to or to have issues with it . Ready think it is effective there are concerns about resources the way it has been managed from the judiciary as we try to be responsive to all parties but the issue itself i am committed to working on it with you through operations streamline or through an equally effective program. To my knowledge we have not received any concerns of budget issues it seems to have been another decision was made and i will followup with you. We want to make sure but to step back we need to do a lot with immigration policy a sponsor a comprehensive bill that went through congress two years ago to not get through the house but it isnt all of it but a significant part and arizona paid the price for a long time with the federal governments failure to have a secure border proposal and we have programs that work and receive a success and everybody can point to that it is disturbing when doj pulls back and we fear the yuma sector as the crossings are more frequent we will have the same problem says a few years ago secretary johnson just visited arizona of a few times then met with the ranchers to speak to their concerns and there is a lot that needs to be done to require a Real Partnership to make sure that it works. My colleagues have mentioned a trade secret and economic espionage but to focus on trade secrets and foreign governments the department announced indictments of five Chinese Military hackers among other crimes and when announcing these charges his trade general said they will not sanction anyone you undermines the integrity of the free market. This case will serve as of wakeup call to cyberthreat was ted you agree with the attorneygeneral holder statement as well as others by the executive branch . I would agree and add that i have seen it is a growing and increasing threat also for nations to obtain technology in durables pretense working closely with our colleagues to bring the cases to fruition under the work we have done it as an ever growing concern not only the current director but the former director so i look forward to working with Law Enforcement powers to deal with in numerous ways to fight the problem. Introducing the act that provides companies with a legal remedy when trade secrets are stolen but under section 1831 that is a lot of time. Say cannot take every single stuffed but that makes sense with federal civil action to help these companies through of another remedy. From my experience i a understand the importance of corporations and power to act on their own behalf to protect intellectual property and trade secrets i have not had the opportunity to discuss to study that bill but have further discussions with you. Victims services is another area of some concern last year as we pass the victim of child abuse act reauthorization and i was pleased we all in greeted to clarify the intent the money from the Crime Victims Fund should only be used to assist victims of crime. Will you commit to follow that lot to direct the advocates to the u. S. Attorneys office it can only be used for victims in the pastor was used for travel or administrative duties but not focused on the victims. Certainly the management of the issue of how to provide nattily restitution but support is important. And in order to implement the of what is is to make sure that it is. In my own ad office we have grown advocates who provide great support to them and i believe rand in empowering those officials. So would is implemented. Of for rich to working with you. I will call on him as the next democrat. Thankyou for your courtesy and thoughtfulness the way you conducted this hearing and i am proud to serve. And thank you to be here today and also for having in the your dad the most to common words to describe you are smart and tough and i can see from your dad and mom that you come by those honestly. [laughter] in the best sense of the wording and you should be very proud of your daughter. Your testimony has been among the most accomplished and impressive i have seen as a member of this committee and to have done yourself a lot of good to day. But thank you for your forthright and erudite answers. I want to begin by focusing on Human Trafficking with a record i count 10 major prosecutions you have done about as the United States attorney to focus on targetted sex trafficking while pursuing laborer trafficking in the case that you brought against of franchisee that they were running a modern day plantation system to look like modern day slavery relating to Immigration Enforcement and Identity Theft to be specifically focused so of those need to be strengthened the based on Human Trafficking in in in in particular to provide bin datura restitution with trafficking victims with a provision that is unfortunately more unforced been in force to provide for restitution to take a look they found only 36. 6 of the case is of prosecutors bother to request restitution. Can you said would you do more to see the restitution is provided . Particularly as to increase there are situations re court to win not impose restitution because the funds are not there but we always do seek a restitution order for the victims in particular working with other parents to provide information and to provide certain small cities says of source into the Eastern District of new york to provide information is so they could affect seizures that we could not under our current laws. Should i be confirmed i will look forward to work with you to make sure all lots are as strong as possible. With 711 redid not have the evidence they were moved across the state lines so we could now use that trafficking lot but we do look at the relative fax to bring the strongest case that we can. In there are numerous incidences of women in children to be trafficked with in the United States even just going over onequarter or overseas should they become a attorneygeneral it is one of my priorities. I would welcome that very much as the cochairman of the human trafficing caucus it is very bipartisan eyelet forward to working with you. And we also welcome your comments thank you to your family is at service in vietnam and your brother i say that as the data as of region core reserve veteran serving in afghanistan and another son currently in the navy and i would hope you continue to focus on those issues as it may be a cause it may be unwelcome or criminal. That it could lead to are thoughtful treatment. Saran the time that i have with that department of justice upheld that are too big to jail if you remember hsbc moneylaundering the government had determined your not sure it would beecher others. So can maurer we done to aggressively prosecute whitecollar crime or perhaps the department of just justice is too lenient and where you work with neil on the bill but i have offered to make certain officers liable if they are aware of a significant risks to workers safety problems and failed to backdoor make it public . Is designed to protect workers to a focus of that potential wrongdoing but with the twopart question in which you consider more aggressively criminal laws that apply to Corporate Officers as of malfeasance . I paid pursue this case is respect to continue the focus follow ring of law at the outset the individual is too big to retail. So there are certain situations where they decided it is appropriate to only after a full and fair analysis and other criminal Justice System but that being said looking at the record we have Corporate Officers with Insider Trading with violations of the significance of concessions of corporations with major changes the way they are structured cheer operate. So we have been very clear with those industries should a corporation not engage jim preventive behavior or take seriously that criminal charges will be brought sinecure aggressive and distinguished record is why i strongly support you and i look forward to voting for your info working with you on these topics i have advocated a public advocate to defend a and advocates the constitutional liberties so i hope you work with me on it and i appreciate you being here today. Thank you, mr. Chairman. Thank you maddow and u. S. Attorney and for the meeting in my office. Into not respond directly and as i promised to restate those Big Questions in writing and adjusted it got a letter to say there is no response. Made the third time is a charm. I have a huge concern regarding the president s unconstitutional executive amnesty and i have a huge concern that you think it is within the al lot. Spinnaker will put up what is the central statutory argument that they point to allegedly have the authority of executive amnesty. In talks to grant parole on a case by case basis one of my key questions is to you really think is granting this amnesty is acting on a case by case basis as mandated by the statutes . Train wreck i appreciate the opportunity to move this interoffice with the basis of the of legal basis i did find it to be reasonable we would prioritize removal from the most dangerous of undocumented immigrants particularly those involved in Violent Crime or terrorism or those with criminal records that act in the interest of Public Safety with respect to other individuals my understanding is that is what they have for a brief period of time you always want the ability to look at those individuals if they should be with that blower priority spinach his faction in goes well beyond prosecutorial priorities and apart from that to go further to grant that certain status then with another affirmative step to give a work permit. As it relates to the department of Homeland Security with that category how theyre determined were not aware we cannot comment how they are implemented. Does that go beyond that with day parole status with a work permit . Said it is to set internal priorities. We believe the department of homeless and security action review it refers to remove all under the immigration laws it is a tool that they use quite frequently but would have been to choose those individuals i am not sure how implements that but what is the Legal Framework the problem indicated that there was i believe individuals still have to apply but it is a review of their eligibility. Fundamentally do you agree . I thought it was reasonable to make distinctions. Going back to that legal opinion again is a key element do you think thats action operates in a case by case business to review those applications. The you read the order is that the system on a case for case basis . Coming to the issue if there is a program for deferral referring share of legal precedent and is a Legal Framework for that. Some of those requested actions did not have that framework. Rabil take that as a yes but it is the case by case basis and i think that is a clear and obvious stretch that it would affect 5 Million People all those on the case by case basis. Is it your understanding that if you are the attorneygeneral youre in the middle of that process . Not aware of the Regulatory Framework as to how that authority is delegated exercised. But that is to be done in the department of homeless security what is that a statutory basis but that statute that the attorney general is in the middle of that decision to make as presented to me i am not familiar how that has been of the size so i cannot provide you with specifics. Will have to fall but for the fourth time but that is the central question in the plan is not for the attorneygeneral to the in the middle of this of all. Why are we following the statute . That senator hatch brought up earlier this your comments regarding the department of Justice Initiative smart on Crime Initiative . As i read it it is a way of mandatory minimums of their crimes to us a good debate but they are with they are so what are we falling that statute to a mandatory minimum . With those narcotics laws the we have had occasion to use as a career prosecutor they are being followed throughout the community as well as a number of officers that prioritize those cases in the air of limited resources the win is the best use that mandatory minimum every office still retains an exercise is discretion should someone fall into that category but that klay case clearly does. When is it best to use the mandatory minimum . With respect to the narcotics policy as we can do these in the Eastern District of new york we have been a statutes that we have dealt a significant trafficking cases to be expedited to Foreign Countries but my fellow attorneys use that in a similar way but the nature of that narcotics problem in the case that could require a minimum not occur in another part of the country or has a different type of problem with a different population of defendants subjects to the minimum statutes. And i just observed i dont take all meaning of the word mandatory replacing your judgment for those who wrote the law that is what this is about. Thank you. For the witness if there is nobody hear you want to take up break, take a break. Hope you can come back right away a. [laughter] spirit congratulations ms. Lynch in your historic nomination and your conduct here today. This is were the most important offices to have responsibility in the current attorney general eric holder was under trying circumstances to serve as a lightning rod think it takes strength tuesday composed with your agenda that how you plan to Carry Forward the issues with respect your privacy and importance civilrights issue as successful as the attorneygeneral holder has been but there is a lot of progress to make in this administration i am thrilled that someone has been nominated serving as cochair of the caucus to play a central role so the importance you would place with federal, state, and local Law Enforcement with the Investment Initiative in information sharing and the senator for a cast talking but the victims of child abuse to talk about the partnership undertakings with of local counterparts one of the highest priorities insurers there is collaboration for the needs to fulfill but it is my experience having had that benefit to the best Law Enforcement agents and officers around no one understands what is going on those that understands those they have outstanding background efforts in when we combine those we have been able to have tremendous results with vulnerable victims of a child abuse so i feel there has to be a collaborative relationship and i want to assure you that in my view it is where we just dont provide assistance and we will this in from local lawenforcement partners the u. S. Say page react is thought of as espying program but it could be a tool in the course of domestic emissions is that a collection tool and couldnt make effective use if the enhance privacy protections or eliminations were adopted . It is notable collection tool in and of itself but using the Port Authority gathered with security investigations thoses seek to attack as we have to be mindful of the privacy rights of anybody that could be impacted of the election in procedures and i look forward to discussions of the best way to keep that to will and also reassure to be used in the most effective way. And trade secrets as i also understand i will try to be brief i am concerned about the transfer of wealth with the federal crime and under the espionage act responsible for 500 billion annually but there is only wonder two cases per month would do is your experience with trade secrets . To strengthen the of resources for protecting america to ensure we a stem the tide . American my experience i dont believe we have a specific indictment but we do have a number of cases to intercept foreign actors to obtain information celery prosecute under similar issues. They tend to be complex them long term with the devotion of time because of technological resources with lawenforcement agencies to ensure we have the appropriate resources to handle these cases. I look forward to work with you it is vital is strengthen those projections we have seen in a number of ways the criminal Justice System is broken how it deals with mass incarceration with drug offenders on a dozen civilrights problem the liggett the numbers who is incarcerated there is a significant and equality that needs to be addressed that will help rationalize drug sentences for nonViolent Offenders. Lesothos the door automatically charged those possessions of lowlevel nonViolent Offenders. If it is your intention to keep in place the memorandum to look for additional ways with every person regardless of background or orientation or race or nationality. To make sure it projects the American People and the individual rights not just to win convictions but bring justice to every case. With respect to crime in finding a similar the may own district has had to manage with narcotics prosecution of lowlevel offenders with that of her growing document and i found it to be a reasonable approach to do so and i look forward to continuing that initiative. But also how we can and ensure the criminalJustice System for tax the people of that have to go through that is a dual responsibility that i take seriously and should i be confirmed relic forward to work with you with that issue together. Knew they want their debt of the budget the budget of a volley are supportive of Law Enforcement in and you are uniquely qualified and to make sure the system delivers on justice. Thank you. We met the other day. 78 thank you for your perseverance i hope there wasnt anything that i said. I hope you are doing well as iraqi hope it was not anything that i said. [laughter] i just want to join my colleagues to welcome you and thank you for your years of Public Service and very impressed with your career. I congratulate you on this nomination you spoke about your required commitment to the constitution in you demonstrate that and were just talking about mandatory minimums but i have a quick question. Relative to a case in your jurisdiction recently i went to ask about us defendant was convicted in your office for i hope you remember him there was a lot of press coverage. In 1985 he rejected a plea and was convicted on three counts of carjacking to possess a gun he had consecutive mandatory minimum sentences and received a total of 57 years. In 2013 the district judge in brooklyn who sentenced him started a campaign on his back half and wrote you asking you to vacate his convictions. Know and are geared that he was innocent or wrongfully convicted no one claimed there was a problem with the trial all appeals were rejected. The case went to the Supreme Court which upheld the conviction and everyone agrees it was lawful from the sentencing guidelines but the lead judge did not dickory and ask you to help him to read. In a figure rate 2013 you refuse to do vacate and suggested that mr. Holloway said mitt but i think every prosecutor would have responded that way. May 2014 the judge urged you to make of the armed carjacking conviction because the fact he committed crimes of violence would disqualify him. The judge was a passionate advocate for this defendant but you back down and consider the order to vacate if you was a Violent Offender and stole three cars that complaint put my first question is what caused you to change your of your position . Train wreck with a longstanding case that free dates my a tenure as the first time. My second but not life first as the case that the defendant made a motion to allow the judge to revisit so there was a proceeding before the court at that time and they wanted us to take a second look and ultimately the matter was before the court and raw the judge indicated he wanted the opportunity to review that we felt we had to look at the case consistent with what is put in place with the department of justice with clemency and how will a cattle offenders whose served significant time of their eligible for that. But as i reviewed it that there was the second person in not the individual with a gun and to be liable for that he received the 57 year sentence but the main actors had a sentence under two years so that was disparity but it did we have the ability to let the judge review the sentence again