Administration is responsible for adequately maintaining and preserving president ial and federal records. These records are not just essential to keeping an accurate account of government activities or holding the executive branch accountable. They are critical to ensuring that our nations history is fully and accurately preserved for future generations. The National Archives preserve some of our nations most fundamental documents like the u. S. Constitution and the declaration of independence, as well as letters, photographs, newspapers, and congressional papers that tell the story of the United States from its earliest days until today. The national arc i also protects and provides access to critical records and documents for the public to use from Historical Documents to educational resources, and most importantly for veterans and Service Members who need military personnel records to access benefits that they have earned and deserved to their services. Preserving all of these records is a significant undertaking, and it requires qualified, independent, nonpartisan readership that is committed to serving in the best interest of the american people. Dr. Shogan, if confirmed, you will not only see oversee the National Archives responsibility to oversee these documents, will face several challenges, including antiquated resources and technology, the rapid proliferation of electronic records, extensive backlogs from veterans request, and the need to ensure that all records from every president and federal agency are completely and adequately preserved. I am confident that congress can take the necessary steps to help address these challenges, modernize the governments recordkeeping processes, and to restore transparency and access for all americans. As chairman of this committee im working to build support for legislation i am drafting that will strengthen existing laws, update regulations and modernize recordkeeping processes to incorporate emerging technologies. We held a hearing on this issue earlier this year as well, and i look forward to continuing to work with my colleagues to build on these efforts to protect the public record. I am pleased to welcome you today to discuss her nomination to serve in this very Important Role and how we can better Work Together to achieve these vital goals. Not only are you extremely wellqualified for this position , in our meetings you have demonstrated keen judgment, nonpartisan independence, and the necessary capabilities to succeed in this challenging role. Your nomination is also instrument, you will be the first woman to serve as the archivist of the United States. Congratulations on your nomination and i look forward to hearing you more. Today we are considering four nominees to serve as judges for the district of Columbia Court of appeals in d. C. District court. These nominees are vj schenker and laura crane and desmond meek. I am pleased to have these highly qualified nominees before is here today, each with a longstanding commitment to Public Service. The d. C. Superior court and court of appeals functioned as the state level trial and Appellate Courts within the guinea Justice System here in the u. S. Capitol. Both courts are responsible for large volumes of cases easier, and the National Center for state courts report the d. C. Superior court has 83,000 courts across his cases this year, one of the highest per capita rates in the entire country. Despite this enormous caseload both courts are suffering from extensive judicial vacancies, which have delayed resources for parties before the court and has increased the workload for judges. If confirmed, you will not only take on the schedule which determine matters that will impact the freedom, livelihood, and families of many people that will come before you. Todays hearing is an important opportunity for this committee to learn more about your qualifications and how you plan to serve welcome to each of you as well as working members joining each of you. Thank you for your willingness to serve. We look forward to hearing from all of you today. The acting ranking is not recognized for opening comments. Thank you very much. You all of extensive backgrounds, this is not a fun process to go through for anyone or your families, so thanks for stepping up to agree or disagree. It is very real Public Service, so thanks for your engagement and the questions you have already answered that the process of the glove already walked around this. Traditionally nominations earrings or an archivist, positions in d. C. And judicial nominations is a sleepy hearing as we walked through the hearings in the process. There are no issues that have arisen as of late. The position the archivists and dr. Shogan and i have walk through this, the proper pronunciation of archivist or archivist . The position typically is one that is a nonpartisan position that there is not a lot of attention to. There are two new issues that are fairly recent that have drawn a lot of attention to the National Archives. The department of justice have been very clear on national rights. For what ever reason there are actions that the archivists can declare that part of the constitution. The former archivist stated that that i should archives refers to the department of justice on this issue will abide by the office of Legal Counsel opinion unless directed by court order. Over this past year that is put the National Archives at the center of the controversy on that, and so today is the date we need to clarify where the National Archives will continue to move forward with the statutes and the law and how the constitutional process works. There has been an issue on the return of president ial records, which escalated to the point that the personal residence of former President Donald Trump was urged by the fbi in an unprecedented step. That was the initial request for the national arc of records. There has been a lot of questions about how that happened, what were the requests, what requests were accepted or denied . This is something senator scott and i have both written a letter to the german to get some kind of briefing on this. There was a briefing on what happened since the maralago raid, that there is not been information from the national art are so on what has occurred, what led to that moment. It is a very unprecedented moment. The current nominee was not the archivist at that moment and cannot answer the question about before but there will be questions about transparency for an agency and entity that is responsible for holding records and making those records publicly available. What was the process leading up to the search and are those records going to be publicly available like every other record is publicly available . Turning to the District Of Columbia. Thank you again for engaging in this. All of you have extensive background in the law, and i look forward to the questions and issues on this. You are walking into a time will be absolutely need additional judges in the District Of Columbia, and we need folks that are going to follow the law. There is an ongoing conversation the chairman and i have had on this working with the mayor of d. C. , because months ago five freeborn children there remains were taken in by dcp. They were recovered, they were very later and identified to be connected to a washington surgery clinic. The district in the District Of Columbia, partial term abortions are illegal. We have had very careful questions in the District Of Columbia saying i were you investigating this, what is the process when you discover this action is taking place in the District Of Columbia . We have engaged with the mayor to try to get answers to the questions on this and what theyre doing to follow through, but instead the mayor of Las Vegas Office have responded Mayors Office say that they are going after the whistleblower instead of actually investigating the death of these children. We are asking straight for questions and we will continue to ask the straightforward questions. What is the plan in the days ahead if you discover the possibility that there is a crime being committed in the District Of Columbia. One day you will all be hearing cases that are difficult. I will press this issue and continue to press the Mayors Office to be engaged. I will work on our nominees in the process there to get through assuming that the mayor is going to be responsive in this point and continues. The only leverage i have to have a responsive nature. In the District Of Columbia the law as to be enforced as it does everywhere else in the country. We just want consistency and enforcement in the law. It is a reasonable request and we will have that dialogue. Thank you for holding this hearing. I look forward to the dialogue and answering questions. Thank you, senator langford. It is the practice of the Homeland Security and Governmental Affairs committee to swear witnesses. If each of you would please stand and raise your right hand. Do you swear that the testimony you will give before this committee will be the truth, the whole truth, and nothing but the truth, so help you god . I do. You may be seated. So we will have an introduction for dr. Shogan, but we are waiting for one of our colleagues to show up. He has any hearing so i will start with rdc judges. Our judges. I first nominee is vijay s henker, senior litigation counsel did fall detail in the criminal he investigates violations of the corruption act and advisors on a range of legal issues in litigation matters. Previously, he served in the office of the assistant attorney general for the criminal division, first senior counsel and is acting deputy chief of staff. He has been awarded the John Marshall award, consistent attorney generals award for Exceptional Service and the assistant attorney generals ward for distinguished service. You may proceed with your opening remarks. Mr. Shankar good morning. I am honored and humbled to appear before you today as you consider my nomination to be an associate judge of the district of Columbia Court of appeals. I think you and your tireless staff for holding this hearing. Thank you to the Judicial Nomination Commission and its chair for recommending me to the white house. I thank president joseph biden for nominating me. I was extremely grateful when i was first nominated in 2020 and i am honored to have been nominated again this year. And i am grateful to chief judge blackburn rigsby. I would be honored to join them in their service to the people of the district. I can go no further without recognizing my true partner in life. Dean martin has been such a support to me and happens to be a phenomenal attorney in her own right. For 20 years, we have supported each other in our endeavors, including raising our daughter. Thank you to my parents who unfortunately could not travel to be here today. They came to this country with little money and no support, settled in ohio and worked tirelessly with the goal of providing my sisters and me with every opportunity they could. Thank you to my sisters, brothersinlaw, and niece. There is not enough time today to thank all of the people who have supported me in my professional life, but i must name two. The honorable jester j stroud and patty stemware, my boss for most of the past 17 years who is here today. They both truly legitimize Public Service. For almost two decades, it has been my privilege to serve the nation as a career attorney in the department of justice. Have gained a deep understanding of the practice, having argued almost 60 cases and having appeared in every criminal court of appeals under my jurisdiction. I have been presented with the most challenging cases and have been honored with the department s John Marshall award for the handling of appeals. Before joining the department, i had a broadbased litigation practice where i gained valuable experiences in civil, and antitrust law. I had the Great Fortune to begin my legal career to jenner stroud where i learned about the value of preparation, meticulousness, stability, and collegiality. Public service is a passion to me and if i am fortunate enough to be confirmed, i commit to ensuring that every party appearing before me is heard, respected, and given the opportunity to participate in the judicial process. To striving every day to earn the respect of my colleagues and my community. Thank you again for the opportunity to appear before you today. I look forward to your questions. Sen. Peters thank you, mr. Shanker. Our next nominee is laura crane. She has served for the District Of Columbia since 2014 and as a deputy chief in the Violent Crimes section. Miss crane handles the investigation and prosecution of complex federal cases, targeting narcotics and violence trafficking in the district. She also prosecuted violent criminal matters in the District Court of columbia. Miss crane served as the senior associate and litigation associate in private practices where she received and was awarded recognitions for her pro bono contributions. You may proceed with your opening remarks. Ms. Crane mr. Chairman and the members of the committee, it is an honor to be here today. I am grateful for the opportunity to appear before you as you consider my nomination for associate judge of the superior court for the District Of Columbia. First, i extend my thanks to each ember of the committee for considering my application. I further extend my appreciation to the Judicial Commission and its chair, g sullivan. I extend my humble thank you to President Biden for nominating me to serve the people of the District Of Columbia. I struggle to find words to express my appreciation for the support of my colleagues, family, and friends who have been supporting me throughout this journey. In particular, i want to thank the current and former leadership of the District Court. This includes the current u. S. Attorney matt graves, as well as vince cohen, channing phillips, and jesse loop. I also want to thank my colleagues at the Attorneys Office who i have learned so much from. My parents, pat and carol, are here today. They traveled from new york to extend the support they have provided throughout my life. Without their support, i would not be sitting before you today. My parents worked tirelessly to support their children and serve as examples of hard work, respect, and humility. My brothersinlaw and my sister are both here today, both of whom have dedicated their careers to Public Service. I moved to the District Of Columbia after graduating from the Washington University of state law. I worked on cases seeking to ensure that individuals with disabilities were receiving services in integrated settings. After moving to new york city and working in private practice, i returned to the district. During my clerkship, i spent countless hours serving at meetings and helping that one day i would have an opportunity to practice and appear before judge boseman. That dream became a reality where i had the privilege of serving the citizens of the District Of Columbia in the superior and District Courts the past eight years, working on over 100 investigations. I have appeared in court on a near daily basis and have served with qualities that make a judge. This gives the opportunity for me to serve on the bench and i will honor you all. Thank you again for considering my nomination and i look forward to answering any questions. Sen. Peters thank you, miss crane. Lets take a break from hearing from our wonderful nominees of the court to hear from our colleague, shelley o senator o from west virginia. A real pleasure for me and i want to thank the chairman and James Lankford for allowing me to be here to talk about someone i have great on ration four. The National Archives and the men and women there are the caretakers of the documents and the ideas and inspirations that emanate from them. The mission of the archives is not just to preserve our history but to educate and inform our future. I am here today to introduce to you a friend of mine, dr. Colleen shogan. She is a nominee to be the archivist of the United States and i believe her to be a person who will honor that task and will lead to the institution into the future. I have known colleen in a personal and professional way for several years and i believe she has the qualifications and background to fulfill the role which she has been nominated. She has a long career of Public Service working in the senate as a Congressional Research service or, at the library of congress, and now at the White House Historical society. In addition to her professional experience, she is a published author. I would recommend her books. She is a mystery murder author, very good and very exciting to read. To me, her most notable accomplishment is that she is a good friend of mine in west virginia, and that is how i got to meet her. I got to work closely with dr. Shogan on an issue that is so close to peoples hearts in congress, and that is making reports written by the Congressional Research Service Public to the american people. The procedural and technological challenges of pulling this off were greater than imagined. Now the reports that are paid for by the taxpayers are available to the taxpayers thanks to her hard work. She has the knowledged experience, energy, and steps of dedication to serve in this role. I am happy today to introduce her to this committee. I am senator portman have talked about this, and i certainly plan to vote for her when i get the chance and i think all of you to for the opportunity to have her here today. Sen. Peters thank you for the wonderful introduction. Sen. Capito now i have to leave. Sen. Peters thank you for the introduction and for being here today. Dr. Shogan, you may proceed with your opening remarks. Dr. Shogan thank you, chairman peters. Ranking member portman and distinguished members of the committee. I am dr. Colleen shogan and my nomination to serve as the 11th archivist of the United States is the honor of a lifetime. I am likewise humbled by the opportunity to serve as the first woman nominated in the role. Before i continue, i would like to thank my husband rob for being here today. He has supported my career and this will continue if i am confirmed as the archivist. My family, including my 89yearold father washing watching today from western sylvania western virginia, and my brother watching from texas have been a part of my success. Over 15 years ago, i attended meetings here as a congressional staffer. I never imagined i would be sitting on this front of the dias for confirmation hearing. I started with engaging teachers who touched typed United States history. As a First Generation College student in my family, i was fortunate enough to receive a firstclass education which allowed me to explore the development and evolution of american ideas and institutions. My reference for democratic principles, ideals, and governance led me through a career that included positions in academia, federal Government Service, and nonprofit management. Following my service to the senate, i spent over a decade supporting congress as the Senior Leader at the Congressional Research service and the library of congress. I also served as the vice chair of womens Suffrage Centennial commission, which commemorated the anniversary of the 19th amendment. These positions, including the one i hold today has instilled in me the tremendous value of nonpartisanship and access to trusted sources. I am confident that my years of experience in these unique roles have prepared me well to serve as the archivist of the United States. The National Archives and records administration, often known as nara, preserve the Building Blocks of our nations democracy. Nara enables access to the archived governmental records in the words and stories of the people who made history. This is critical because it provides citizens answers about heritage and mental decisions. Citizen engagement with the archived materials unlined online and in person is a top priority for nara. The National Archives also provides resources, historians, genealogists, educators, and other stakeholders with trusted information about our shared past. In my own research, i have done a bit from examining naras records paid i strongly believe we cannot understand our nations present condition without a comprehensive understanding of our past. Along with our other federal cultural institutions, nara secures a repository of knowledge that creates understanding for scholars and citizens alike. The National Archives provides guidance to all three branches of government and is leading the governmentwide transition to electronic recordkeeping. Most importantly, nara safeguards public records to enable citizens such as veterans to claim their rights to hold their government accountable and participate in the civic process. If confirmed, i will have many hills to climb. I do not assume these challenges lightly. To succeed, we will need to find creative ways to become more efficient, to capitalize on public and private partnerships, and to engage previously underserved communities in meaningful ways. Nara must do this as technologies improved at a lightning speak speed. The National Archives can service a leader in its transition to its primarily the general future. Digital future. This will include making Smart Business decisions that will propel nara forward. In private meditation, Abraham Lincoln likened the principles of the decoration of independence to a phrase contained in the book of proverbs. Lincoln knew his task to move the nation towards a more perfect realization of these and supposed principles. As the 250th anniversary of our country approaches, this work to needs. I look forward to continuing the work of the National Archives with all americans. Thank you. Sen. Peters thank you, dr. Shogan. Our next nominee is leslie meek. Ms. Meek presides over cases involving rental housing, unemployment compensation, taxable revenue, d. C. Public schools, the d. C. Taxicab commission, and the department of consumer and regulatory affairs. Before joining the office of administrative hearings, ms. Meek served as an appellate Administrative Law judge district of Columbia Department of Employment Services administrative hearing services. Ms. Meek, welcome to the committee. You may proceed with your opening remarks. Ms. Meek good morning chairman peters, Ranking Member portman, and the members of the committee. Thank you for your time and consideration of my nomination to serve as a superior judge on the District Court. Im also honored by president Joseph Bidens nomination of me for the District Court and i thank him for it. I think the Judicial Commission for recommending me to the white house paid i am think will for the support of my family and friends and all the love they share with me as i Journey Towards this endeavor. I am the proud mother of two wonderful adults, lauren meek and Kendrick Meek junior. Throughout this process, they have been tremendous motivators with kind and generous encouragement. I could not have asked for better children or cheerleaders. I am a first generation american born to parents who immigrated to the United States from jamaica. It was their intention to come to this country and live the american dream. And i am the for for the personification of those dreams. My mother always gave me the space to aim high and the support to accomplish my goals. She is my heart and i think her for her enduring support, prayers, and faith in me. I am thankful to my late grandmother who didnt have the privilege of attending college herself, but seemingly every day of my young life impressed upon me the importance of an education. I am thankful to my late father who taught me by example how determination, focus, and industry can overcome obstacles. I think my late mother in law thank my late mothersinlaw for her care and love. She shared with me her philosophy to be a true public servant, you have to love able. Recalling this mantra reminds me i am right on track. I think my dear friend, oscar, who has supported me through the process. During the last 15 years, i have successfully served the district as both an Administrative Law judge and an administrative appeals judge. In that time, i have adjudicated over 7000 cases concerning a number of entities including the department of services, the department of health, the department of public works, department of energy and environment, the office of tax and revenue, and the department of transportation. My 16 years of adjudicatory experience have taught me the importance of maintaining respectful and courteous judicial temperament. Should i be fortunate enough to be confirmed, i remain committed to humbly circling the districts residents with unbiased, sound, and efficient judicial review of the cases that come before me. My legal career began when i was hired out of law school and served as a prosecutor for the miamidade states Attorneys Office. During that time, i prosecuted attorney cases. I served as a prosecuting attorney for the city of miami and the state of floridas comptroller office. I mitigated civil and labor law cases before the courts. These experiences honed my litigation skills and repaired me well for my position as a judge. My professional experiences have given me a solid understanding of the role of adjudicator and the importance of ensuring that justice is applied fairly and impartially. I am eager to use my skills and i stand ready to and are to answer any of your questions as you consider entrusting me with this important position. Thank you. Sen. Peters thank you, miss meek. Todays final nominee is veronica champ has veronica sanchez. She has served for the past 11 years in the District Of Columbia. Currently, she is the chief of the major crimes section in the superior court of the District Of Columbia. In her role, she oversees attorneys responsible for investigating and prosecuting felony Violent Crimes is in the superior court, including economic crimes. Before serving as chief of the major crimes section, miss sanchez prosecuted cases ranging from simple assault to homicides in the superior court. She also served as a Senior Assistant to the United States attorney, focusing on financial fraud manners for the District Of Columbia. Welcome to our committee and you may proceed with your opening remarks. Ms. Sanchez good morning p good morning. It is an honor and a privilege to appear before you as a nominee to be an associate judge for the superior court for the District Of Columbia. I extend my thanks to each of you and your Committee Staff for the hard work that has gone into considering my nomination. I would also like to thank the strict of columbias judicial nominee Commission Chair for recommending me to the white house and i am thankful the president joseph biden for nominating me to this position. I would also like to thank the current u. S. Attorney for the District Of Columbia, and the former attorneys for their support and guidance throughout my career as a prosecutor. I also thank my current and former colleagues from the United States attorney office. It is an honor to work with all of you. I reserve special thanks for the people in my life who are here because they love and support me in my home, my work, and my community. I husband is here today. He is my best friend, my partner in life, and my biggest advocate. Thank you for your encouragement and support along with the personal endeavors paid i would like to thank my two children for their patience and support through the times where they have had to share their time with me due to the demands of my job. I love you both. My father is here today, while my mother and brother watch and support me from south florida and texas. I was born in nicaragua and was fortunate enough to come to the United States a few months before my eighth birthday. My parents came to this country seeking a Better Future for their children. I would not be here today without the many sacrifices made by my parents who taught me through their words and their actions the values of hard work, integrity, fairness, and service. I also want to thank the rest of my family and friends from all over the country for their support and prayers throughout this process. I have dedicated my career to Public Service, hoping to give back to the country that has afforded me and so many others the opportunity to turn dreams into reality. I began my legal career by clerking for the honorable edwards read of the United States District Court for the district of nevada. I also had the honor of clerking for the honorable mo brunetti for the u. S. Court of appeals for the ninth circuit. I moved to the District Of Columbia in 2002. I spent six years as a Trial Attorney in the antitrust division handling civil antitrust matters prior to joining the u. S. Attorneys office for the District Of Columbia. Since 2009, i have served as an assistant United States attorney for the District Of Columbia, where i have handled a wide range of criminal cases on behalf of the United States. I have handled over 20 trials in the court and i have prosecuted various felonies. I have such to uphold the law and the value of fairness and justice. If i am confirmed, it will be an honor and privilege to continue to serve the residents of the District Of Columbia as an associate judge on the superior court. Thank you again for the opportunity to put appear to appear before you paid i look forward to answering your questions. Rep. Peters thank you. There are three questions that we ask every nominee, and i will ask each of you to respond with a yes or no. We will work down the table for each of these questions. First, is there anything you are aware of in your background that might present a conflict of interest with the duties of office to which you have been nominated . No. No. No. No. No. Sen. Peters second, do you know of anything personal or otherwise that would prevent you from fully and honorably discharged and responsibilities of the office to which you have been nominated . No. No. No. No. No. Sen. Peters and do you agree without objection to appear before any duly constituted committee of congress if youre confirmed. Yes. Yes. Yes. Yes. Yes. Sen. Peters dr. Shogan, it is a big job ahead of you and it is important for the committee to hear from you. How do you view the role of nara and complying with the several records laws we have throughout the government . Dr. Shogan thank you for that question. The National Archives leads the federal government in the records retention policies and procedures. In particular, it relies upon federal agencies that supply those records to provide the National Archives with paper records at this point in time, and is in the future, digital records, so the repository of our nations story can be complete. Sen. Peters as archivist, what do you plan to do to improve the federal records preservation process we currently have . Dr. Shogan thank you for that question. The major challenge for the National Archives Going Forward will be the transition from a primarily analog or paper repository to a primarily digital repository. When that does happen, when the records starts to come from federal agencies in that digital format, not analog format, there is going to have to be a lot of work and communication with federal agencies so that those records come to the National Archives in the right format and with the right information and descriptive data so that the records can be useful and available to the american people. Sen. Peters clearly a big undertaking to make those kinds of changes, plus to go back and digitize a lot of records that have already been placed in a paper format. Do you believe nara has the resources to meet this challenge and what kind of technological needs do you anticipate requesting in the future . Dr. Shogan thank you for that question. The resources of the National Archives can be a challenge. All federal agencies have to work efficiently and effectively. Given the big tasks that are ahead, if i am confirmed as archivist of the United States, i plan to support a set of commonsense proposals that will enable the National Archives to transition into its Digital Future. As i understand it, right now there is the development of a new Technology System that will enable the receipt of all digital records. That includes new digital records and records that have been digitized. That system is being built in an iterative way, called adam gerol agile development, and im happy about that because it can be built in a stepbystep process. I look forward to working with the development of that i. T. System so it can be the guidepost for naras future. Sen. Peters as i mentioned in my opening comments, veterans records requests are high. There is a huge backlog and we owe the women and men who have served us the ability to get those records in a timely way to access benefits they have earned and other needs for those records. As archivist, how do you plan to rear reduce the considerable backlog . Tell the committee how you view this as a committee if confirmed priority if confirmed. Dr. Shogan i view this as the most important discrete problem facing me if i am confirmed as archivist of the United States. The backlog has been reduced considerably down from 600,000 requests down to about 440,000 requests. This issue is personal for me. Have many veterans in my family, so i understand its importance. I also know that the staff at the and p. R. C. Nprc in st. Louis have worked tirelessly to work on this backlog. If i am confirmed, it will be my priority to make a trip to st. Louis paid i want to get there on the ground, meet the leadership of the nprc, meet the staff, and come up with a sensible plan of how we can reduce this backlog at a faster pace. Sen. Peters great. Do you believe nara has a role in expanding public transparency and access to the archives . Dr. Shogan yes, i do. Sen. Peters what will you do as an archivist to improve Public Access . Dr. Shogan transparency and access is intertwined with digital. You can access the records of the National Archives in a number of ways. First, you can come and visit the National Archives in washington, d. C. You can see some of the records in person. If you are a researcher, you can visit one of the over 30 Archival Research rooms all across the United States and engage the records. But most americans are probably going to interact with the records of the National Archive through digital means, online through the archives catalog. That is why the Digital Future is extraordinarily important for the National Archives. Right now, there is about 200 million digitized copies of records in the catalog, which makes it the largest digital archive in the world. As i understand it, the archive is planning to go to 500 million digital copies by 2026. If i am confirmed, i will make sure we hit that mark and hopefully exceeded. Sen. Peters . Thank you for your response meant responses. Ranking member we refer to the seven under senator langford is being very gracious. Thank you. It has been my practice because senator langford is a chair of the subcommittee and i defer to him with regard to the d. C. Judge confirmation hearings. I do think these rules need to be roles need to be filled and the distinguished lawyers who have stepped forward to fulfill those roles, i thank them for it i often ask about the criminal Justice System in d. C. Because the huge crime rate is a problem of ours. All four of you agree that cases and backlogs are dealt with so we can have a safer d. C. Community. Dr. Shogan . I want to give you a chance to explain some of your previous statements and some of your record. The law requires the archivist to be appointed without regard to political affiliation. In 2007, you wrote an article which focuses on president s eisenhower, reagan, and george w. Bush. You said that republicans tend to exhibit antiintellectual qualities. Would you please explain your thoughts on this and what you meant by that . Dr. Shogan thank you, Ranking Member apartment, for that question pretty that article was written 16 or 17 years ago. It was an academic article and in that article, i was trying to explain how certain president s effectively through their rhetoric were able to communicate with everyday americans. Sen. Portman you are being nominated as a nonpartisan National Archivist. Among other roles, the National Archivist manages documents for democrats and republicans alike. Given that you wrote negative sentiments about the republican president s and saying that it was widely accepted that george w. Bush was less intelligent than his challenger, how can we be assured that you will serve effectively in this nonpartisan role . Dr. Shogan thank you. I stand strongly on my 15 years of nonpartisan Government Service at the Congressional Research service, at the library of congress, and at the White House Historical association, which i joined in 2019 when President Trump was president of the United States. I worked effectively with President Trumps white house as he served as president and continue to do so under President Bidens administration. Also at the White House Historical association, we have members of the board who are representatives from both republican and democratic administrations. I worked very effectively with that board of directors. Sen. Portman with regards to january 6, in response to tweets from a Political Science professor which said that Political Science said this would happen, you tweeted back, i wrote about it in 2007. I believe what i observed was the precursor. You could have included a link to the republican antiintellectualism article we mentioned. It would appear to me that you are saying that because you believe republican president s like george w. Bush tended to exhibit antiintellectual qualities that these are the precursor somehow to the events of january 6, which george w. Bush condemned in the strongest terms possible. Dr. Shogan thank you for that question. In no way, shape, or form possible do i think that president bush is inferior intellectually or less intelligent. That was not the purpose of the article and is not stated in the article. I was clear that he was wellsuited for the presidency. And that is stated in the article. Sen. Portman this quote that i have that says it was widely said that bush was less intelligent as a challenger, it was not your court. Quote. Dr. Shogan that was a characterization, but i stand by my statement that this was an article about president bush and his rhetorical abilities to be able to communicate common sense principles to everyday americans. Sen. Portman you mentioned that you served under President Trump when you were at the historical society. Here is one on january 5 of 2020 which says that, isnt the move in next self pardon . Thats what imply criminality. That would imply criminality. If confirmed, you would have to work with former President Trumps staff. How well could you work with that stuff . Staff . Dr. Shogan i am confident that i would be able to work with President Trump and his staff. I have worked with him in the past at the White House Historical association. Also in my capacity as the vice chair of the womens Suffrage Centennial commission, which was entirely conducted throughout the trump presidency, and we worked effectively with President Trump, misses trump, and the white house during that celebration to benefit the american people. Sen. Portman there is a january 2020 memo from the Trump Justice Department which concluded that the equal rights amendment adoption because not enough states ratified the deadline set by congress. Shortly after the National Archives press release was given unless otherwise developed by final quota. A memo by the bite Justice Department stated that congress was entitled to take an interview on that but did not modify the conclusions of the january 2020 memo. If confirmed, would you continue to abide by the january 2020 memo . Dr. Shogan thank you for that question. Yes, i would. Would a court ordering you to serve under the circumstances to which you would certify the amendment . Dr. Shogan the only people who will decide the fate of the e. R. A. Is the Judiciary Committee and the federal government of hungers. Congress. How would you respond to the policy to serve that amendment . Dr. Shogan i vow if i am confirmed as archivist to serve in a nonpartisan fashion. Thank you. Sen. Peters thank you, Ranking Member apartment. Mr. Chairman, thank you for the hearing and thank you to all of the witnesses. I do want to followup up on what Ranking Member portman was talking about on the equal rights amendment. During your process in your consideration as a nominee, did anyone from the Biden Administration ask you about your stance on the e. R. A. And whats your position was that . If so, what was your position . Dr. Shogan i was not asked that question during the process. Sen. Lankford thank you. The issue with the e. R. A. Is settled by the federal courts or congress, not by the archivist. We want to make that very clear because there are members of congress that disagree on that. The previous archivist disagreed and said this was not the role of the archivist to make that decision and you have agreed with that publicly and i appreciate your engagement. I have spoken before about a warning label that is currently on our founding documents, that is actually on every document digitized in the National Archives and the consideration pretty it warns americans or anyone reading our document that there is potentially harmful content, that this content could be offensive to individuals, whether it is the United States constitution. It is the warning piece on that banner. My question to you in our conversation, that the National Archives could consider the constitution an offensive document. There are bits of our history that all of us as americans look back on and are embarrassed of who we were as americans and decisions that we made. We are working to make a more perfect union, but all of our history as our history. The important thing to me is that there is never a warning on a single document, and we reconsidered labeling some of our documents offensive when they are just our history on this. You and i have spoken about this before. What is appropriate to be able to give to parents to say that your children are looking at all of these things and there are photos that are gruesome photos from world war ii, for instances, the battlefields of the civil war. There are also important to documents that are here. How do you plan to handle this offensive label warning . Dr. Shogan you are correct. When there is a search done in the archive, the online archives catalog, there is language that makes users aware that they may inadvertently come across content that could be difficult to view. We talked about yesterday in your office, i am primarily concerned about wanting more teachers and students to use the National Archives. If you have to do a history project on world war ii or world war i, we want you to use the National Archives catalog. Kids are excellent searchers today, better than we are. When they find those relevant documents, they could easily find Something Else inadvertently. That is why that language is there. But as we talked about yesterday, i am willing to comment and talk to you about that language and we can review it together and move forward. Sen. Lankford being around teenagers, all you have to do is put a warning that this could be offensive and that makes them search it more. That is another issue we need to address. We need to evaluate what the effectiveness of this is, putting a warning label on it and if it is accomplishing anything. You and i also spoke about the raid that happened in maralago of former President Trumps residents. In an unusual situation, it was not just the fbi carrying out the raid, but it was the request of the National Archives to engage with those records. Typically, this would be a voluntary conversation. You had dialogue with our staff say to say that this should be a voluntary conversation rather than a legal conversation. The raid of a former president s house is unprecedented and it puts the entire process on full display to be able to say, how does this happen and why does this happen . My first question is, should this be a voluntary cooperation rather than a legal raid with a search warrant coming into a private residence . Dr. Shogan thank you for that question. As a nominee for this position, i have not been briefed on any of the details of what has happened, so i have no information about those decisions or the sequence of events. But as i understand it, when there is some concern about missing or damaged records in general at the National Archives, at that point in time, the records to retrieve the records, there is a voluntary exchange of communication with those individuals. And as i understand it once again i do not have any knowledge of this the vast majority of the time, the records are recovered and retrieved. Sen. Lankford this is unprecedented for a former president to go through this. The reason i ask you is that this is now set a precedent and Going Forward, this will be the new standard for every president after this. This starts a different process that we are trying to reevaluate. This is the National Archives, the keeper of all records. In the email chains, the conversations, meaning notes that were done for the National Archives and their communication with the fbi about this, now become National Historical records that need to be maintained and protected, and for the visibility of this committee as well. Senator scott and i have reached out to the committee to say that we need to be able to talk about this because there was something new that was just created the National Archives and the fbi in the searching of a former president s house. We agree to show what the process was and what the decisionmaking was to be able to reach this point of transparency for the macon people. The american people. Dr. Shogan yes, i believe that transparency with this committee, i want to be responsive to request if i am confirmed as the archivist of the United States. Again, i want to state that i do not know where we are in this justice and Law Enforcement process, but as a general statement, senator, you have my commitment that i will work with you and members of the committee to be as transparent as possible. Sen. Lankford thank you. Sen. Peters senator hawley, you are recognized for your questions. Sen. Hawley let me start with you, dr. Shogan. You have talked throughout todays hearings so far and in your prehearing q a about how much importance it is to be a nonpartisan leader. If you are confirmed, you will stick politically neutral in your decisionmaking . Dr. Shogan yes. Sen. Hawley i was troubled to hear about this article that you wrote published by the american Political Science association. Republican populism, published in june of 2007. You consider this piece to be nonpartisan . Dr. Shogan i consider it to be an academic article, a publication of 16, 17 years ago, a scholarly piece. Sen. Hawley you right in your paper that to combat allegations of elitism, the recent republican president s have defined antiintellectualism. How would you define it . Dr. Shogan the ability to speak in common sense terms to americans. Sen. Burr sen. Hawley you say recent american pop president s, but you cite those that the point that republicans are stupid and democrats are intellectual . Dr. Shogan absolutely not. The point of the article is that the president s that i featured in it have rhetorical connections with the american people. Sen. Hawley rhetorical connections that you say is antiintellectual, and you feature every two term president. Dr. Shogan it is a piece on rhetoric and it is looking at how these president s have been successful rhetorically in their arguments. Sen. Hawley you attribute part of the antiatlanta like to antiintellectualism of the republican to the rise of the extreme right. Our voters stupid . Dr. Shogan absolutely not. I welcome all americans to the National Archives. Do you think the people who voted for donald trump are antiintellectual . Dr. Shogan i will not give any judgment for the people who voted for donald trump or any other president. So the people who voted for eisenhower or reagan were not antiintellectual . What was your theory . Dr. Shogan president s are able to speak in common sense plain terms to americans. You wrote that president eisenhower and bush were decidedly intellectual. You said reagan engaged in intellectual posturing. Less than president ial intellectual capacities. Dr. Shogan that was a perception and it was cited. Is a perception by whom . You wrote about it. Dr. Shogan no, senator. In the article, that is a perception, but in the article you say reagans less than you do not even cite a quote paid i have your article in front of me. Reagans less than impressive intellectual capacities were widely discussed. That is not your view . Dr. Shogan it is not my view. Why did you write it . Dr. Shogan that is not my view. My view was focused on his rhetorical capabilities. That is not what your sentence said. You wrote an article that said that Republican Voters are stupid and that republican president s deliberately appealed to antiintellectualism. You wrote an article called republican populism, yet you try to present yourself as a nonpartisan paid in fact, you are an extreme partisan and you are someone who has denigrated a republican president who since the Second World War and their voters in this lengthy article. You wrote it. Why will you not stand behind it . Dr. Shogan i will stand by my long experience over 16 years of nonpartisan service. This is not just a theoretical set of questions. As you know, we have seen what happens when you have political activists in the position that you are up for confirmation four. Our living through that as a nation right now. We are living through the weaponization of the National Archives, the political weaponization of the department of justice, the political weaponization of the fbi, such that half of the people of this country cannot trust those institutions. We have a president who calls half the voters of this country semifascists, who have said they are a threat to democracy. This is an elected american president who makes these outrageous statements. In that environment, to have you up for confirmation for this position, which has become politically charged in a way i lament should not have been, but unfortunately, the past archivists have done what they have done and here you are, talking about the antiintellectualism and stupidity of american voters. I do not know what that world is. It is self parity. How can you assure me or anybody watching this hearing, the millions of americans who voted for a republican in the last election, how can you assure them that you will be truly nonpartisan given what you have said over a period of years . Dr. Shogan i stand by my record of nonpartisan service at the Congressional Research service, the White House Historical association, and i invite anybody to talk to the people i have worked with for years is in my nonpartisan Government Service. Without objection, i would like to enter this article into the record. I encourage everyone to read this and you can read the words for yourselves and folks can make up their own minds. I am deeply disappointed. Thank you, mr. Chairman. Mr. Chairman, i know you touched on this issue a moment ago and i want to raise it again with dr. Shogan. That is the backlog in military Service Records. Veterans across georgia and the country are deeply frustrated by the interminable delays accessing their military records. They need these records for their v. A. Health care benefits, they need these records for their employment and educational benefits. I introduced last week the bipartisan access for veterans to records act to try and address this backlog so that veterans in georgia and across the country can access the records. If confirmed, will you commit to working with me to eliminate the backlog of military Service Records requested from the nprc and putting it at the top of your agenda . Dr. Shogan thank you for that question paid it is at the top of my agenda if i am armed as archivist thank you for that question. It is at the top of my agenda if i am confirmed as archivist of the United States did United States. It will be my first task to travel and meet with the staff of the nprc and working on the backlog. I will work in order to reduce the backlog at a faster pace. Sen. Ossoff i appreciate that and making that commitment here today will mean a lot to veterans in georgia who are skeptical after years of dealing with this, that there can be a change. There must be a change. Veterans deserve timely access to their records. I am going to ask for a further commitment, which is once you have had the opportunity to meet again with the folks at the nprc and to get your bearings in the first weeks of office should you be confirmed, that he will timely submit to this committee your assessment that you will timely submit to this committee your assessment of the backlog and your plan to eliminate it. Will you make that commitment . Dr. Shogan i will make that commitment and will make myself available. A further comment on that, the first thing that has to be done if i am confirmed as archivist if is removing the backlog, but there has to be a second step, which is to make sure that backlog is not created in future circle answers. The pandemic future circumstances. The pandemic is over, but we might have future roadblocks in the future. There has been great process by the department of veteran affairs to digitize those records in a timely fashion and in a reasonable priority. Once those records are digitized and placed in the cloud, then nprc staff will be able to access them and the request will be processed much faster is in the future. There is a good end to the story if we can get there. Sen. Known as a files managed by nora nara. Are you familiar with this . I am but i am not intimately familiar but i am aware of it. I am going to ask as well and we can have our teams Work Together to define a specific deadline for this but should you be confirmed similarly, once you had the opportunity to assess in detail the nature of that challenge, that you will submit to the committee a proposal for addressing the backlog . Will you make that commitment . I am willing to follow up and make that commitment. I appreciate that. You are familiar with this from some of your past work but you will have some cybersecurity challenges to manage should you be confirmed, particularly as more records are digitized. How are you thinking about handling the threats to cybersecurity that will present themselves . Thank you for that question. I am aware there has been an Inspector General and ig report for the National Archives concerning cybersecurity and i would plan to review that report and find out firsthand what is being done to address those issues or concerns and a timely fashion. Ok, i know the chairman and members of this committee are deeply concerned with labor concert with cyber security. Finally i want to bring to your attention something that is of deep and particular concern to my constituents in georgia any particular concern across the american south. And that is the disposition of civil rights cold cases. The lynchings, murders, abductions, that took place, the jim crow your and before in the state of georgia and across the south for which there has never been justice. And the descendants of those who were murdered, who are still crying out for justice. I have introduced the bipartisan civil rights cold case records review board support act and i would like your commitment to work with my office, to work with that cold case record review board to make every resource at nara available to pursue the truth and to pursue justice for those who were lynched, abducted, assaulted in the state of georgia, across the south and across the country and ensure that our request for justice is not abandoned. Will you make that commitment . Yes i look forward to working with you and your staff on this issue if i am confirmed. Thank you, it is important and i appreciate your testimony today. I yield. This question is for all of our judicial candidates. I think we will start nominees i should say. We will start with ms. Sanchez and work our way down. The d. C. Courts handle a very high volume of cases. My question for each of you is that confirmed, how you manage her caseload efficiently while ensuring that everybody who comes before you has a meaningful opportunity to be heard. Miss sanchez we will start with you. Thank you for the question. As i use instant as an assistant attorney i have experience handling a large volume caseload. I would in short parties note the expectations at status hearings, ensure i am repaired and ensure i am listening to everything the parties are saying and reading what they file and also ensure i reach decisions with diligence. Thank you, senator. I agree with my coat nominee. I would like to had that having been an Administrative Law judge for the past 16 years, i have learned efficiency is great team greatly important to adjudicating cases. It is important to make sure all parties are aware of what is expected at them at the beginning of the hearing and that they expect to be held to those expectations and requirements. Once we have those goals set, we are able to facilitate the case efficiently and effectively. Thank you. I agree with my conominees and as a judge i would put in all the necessary time and effort to make sure i am ready in court each day and my calendar is managed efficiently. I work for a District Court judge who managed his calendar that way and i think with my experience, my familiar familiarity, i would be able to quickly resolve matters presented in front of me. Thank you. I am acutely aware of the need to work through the backlog in the d. C. Court system as well as move systems with move court move cases. I have a heavy caseload. I have always prioritized preparation and responsiveness and efficiency. I think if i were fortunate enough to be confirmed as a judge, i would work to be prepared to apply strict standards for extensions, circulate my draft opinions promptly and to quickly look at my colleagues draft opinions. Next question will be for all of you as well. I will start with you miss m eek. What is the proper temperament of a judge . You could think that through your career, how have you developed the elements that are going to be necessary to have the appropriate judicial temperament that you will need to exhibit if confirmed . I believe components of the proper temperament for a judge, patients, understanding, respect, respect for the parties is very important, fairness, all of these things are applied that it makes for a very good process for the parties. It makes for good due process for the parties, and it makes the job easier for the judge actually. Thank you. I agree with my coat nominee and would add that being open minded is important and giving both parties an opportunity to raise the issue and listen closely to the parties would be important as well. I agree with my conominees as well. Consider respect, humility, impartiality as the hallmarks of the judicial temperament. Thank you. I concur as well and would add i think dedication to the rule of his actual also particularly necessary for a judge. Last question for the three of you. As you shift from the role of an advocate to the role of m an impartial adjudicator how are you preparing to make this transition if confirmed . I am acutely aware of the critical differences between an advocate and impartial impartial arbiter. I commit to addressing all of my cases and parties before meet with impartiality, without bias, without prejudgment, and putting in the work in terms of reading the briefs, cases and listening to the arguments fairly and impartially. I have often been required to anticipate the arguments of the Opposing Side and i think that skill is constantly thinking about the to clearly see both sides and be prepared to listen fairly to both sides before me. I agree with my fellow nominees. I think as an assistant u. S. Attorney i have at the experience of also working with victims and working with witnesses and so also recognizing the important qualities a judge would have to ensure that individuals that come before are heard and listen to, and also i have had experience of having to assess cases and be able to step back and see whether the facts apply to the law. Very good. I would like to thank, once again each of our nominees are drawing us here today joining us here today and willingness to serve. The nominees have filed responses to biographical and financial questionnaires and without objection, this information will be made up part of the hearing record with the exception of the financial data, which is on file and available for public inspection and the committee offices. The hearing record will remain open until 12 00 p. M. Tomorrow september 22 for the submission of statements and questions for the record. This hearing is now adjourned. Mortgage lending and the economy
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