Transcripts For CSPAN Deputy And Associate Attorneys General

Transcripts For CSPAN Deputy And Associate Attorneys General Testify At Confirmation Hearing 20170308

Good morning, everybody. I am pleased to hold the nomination hearing for two outstanding nominees. Rod rosenstein and rachel rink. They have been nominated for two very important senior positions in the department of justice. Deputy attorney general and associate attorney general. The Deputy Attorney general, who is the second in command at the department oversees the day to day operations. The associate attorney general overseas the departments civil litigation. It is critical that we fill so themportant positions department can operate at full capacity. We cannot have two better nominees for these positions, mr. Rosenstein shares a lot in common. They both are dedicated Civil Servants. They have both been confirmed by the senate before. Twice. Brands case, they both served during president obamas administration. Externallyth talented and fairminded lawyers, dedicated to the full and evenhanded enforcement of our laws and they will serve the department with distinction as to rosenstein had served with distention. Mr. Rosenstein has observed the president for obamas entire two terms in office. I am sure senator cardin will speak to his accomplishments in these roles. And i would also like to submit for the record a letter from our former colleague and friend, senator mikulski, supporting his nomination and without objection, that letter will be entered. Now, with respect to mr. Rosensteins nomination, i have a few things to say about the attorney generals announcement last week and the supplemental testimony he said yesterday. During his confirmation, attorney general sessions told this committee that he would do what he would do if the civic matters arose where he believed his impartiality might be questioned. He said he would consult with the Justice Departments professionals and listen to their advice. And to those who question his independence from the president , general sessions proved them wrong already by recusing himself. Last week he kept his word, unlike attorney general lynch. Attorney general sessions recused himself. His recusal means that if there is any ongoing matter that deals with the Trump Campaign, it will be handled by the Deputy Attorney general. So, if mr. Rosenstein is confirmed, and i surely expect them to be, the responsibility for any decisions will fall on him. Already i have heard some calls from the other side that a special consul should be appointed to take over. Any talk of a special consult is premature at best. Anysituation insinuation that mr. Rosenstein lacks the impartiality to handle these matters is out of line. He is a career Civil Servant that has served with distinction obamah of the bush and administrations. In 2012, there was a series of high level leaks to the media of highly classified information. The leaks looks like they were designed to make the Previous Administration look good. Rather than provide a special consul, mr. Rosenstein was placed, and another attorney general, in charge of the investigations. At the time, the chairman said attorney general made a good choice when he put mr. Rosenstein in charge. He described him as a tough, honest prosecutor and the academepitome of a professional prosecutor. Another senior democrat said she lpposed the special counsu because it takes a long time. The Ranking Member also had this to say about mr. Rosenstein and other u. S. Attorneys assigned to the matter. These are two scrupulous men who are independent and i have no to believe they cannot work with the fbi and assemble a strong Prosecution Team where warranted. Presumably, my democratic colleagues have not changed their minds about mr. Rosenstein because because the president is now a republican, instead of a democrat. Please her member please remember, a special consul requires under the current regulation that my colleagues have called for. There is no mandatory public report or other finding at the end of the investigation if no charges are filed. The investigations can just disappear into a black hole without the public ever understanding what the facts were. The Intelligence Committees are investigating these matters. The other side has asked the Inspector General to investigate as well. Unsels,special co they can get the facts and present them to the public. So, the notion that a special counsel will bring facts to light is not true. I cant help but notice the selective nature of the latest calls for a special counsel. Where were these calls from the other side when attorney general lynch was overseeing the clinton investigation . Attorney general lynch had been appointed by president clinton to be our u. S. Attorney. Her law firm represented the clintons. Her ability to continue in her job as attorney general defended on a clinton victory in the election. She had a private meeting with president bill clinton on her government airplane while the department was investigating secretary clinton. Where were the calls from democratic leadership for a special counsel at that time . Where were the calls for a special counsel when congress referred a criminal citation to the department of justice against attorney general holder for withholding documents . He misled congress about when he learned about this. Where were the calls from the other side to have hearings on that . The u. S. Attorney was simply order to ignore the criminal contempt citation and my friends on the other side of the aisle were fine with that. And unfortunately so. It would be easier to credit unselsfor special co if they were made with some consistency and they had intellectual honesty. There were times when special counsels are appropriate, but it is far too soon to tell at this time. And even if there were evidence to a crime related to any of these matters, once confirmed, mr. Rosenstein can decide how to handle that matter. I know of no reason to place his judgment, integrity, or impartiality in question. I will have to say more on ms. Bran when i introducerd, but she is also a dedicated public servant. Her nomination is supported by former attorneys general and deputies attorneys general. A letter from them in the record without objection, it will be entered. Before i turn to senator feinstein for the opening statement, let me say how we will conduct the hearing today. After senator feinsteins opening statement, we have the introduction of the nominees. Senator ernst and i will introduce ms. Brand, but i will introduce after my three colleagues have spoken. It will save time for them. But she is after them. The senators will introduce mr. Rosenstein in the nominees will give opening statements. We will have seven minute rounds of questions. I know there are a number of issues the senators would like to cover. I will stay here until everyone has had the chance to ask all the questions they want. We will do more than one round of questions and if we do, that will be five additional minutes. Ii am prepared i am prepared to work through the noon hour, unless the nominees need time off. Senator feinstein . Senator feinstein thank you, mr. Chairman. As you have said, today we begin our consideration of the nominees to fill two really important positions. The Deputy Attorney general essentially leads the daytoday operations of the Justice Department and also, directly overseas the solicitor generals office, the office of Legal Counsel, and the Law Enforcement component, like the fbi, the dea and the aft. Significantly, the Deputy Attorney general steps in when the attorney general cannot, or should not, be involved in a particular matter. The associate attorney general is effectively the number three position. They oversee critically important components of the Justice Department, including the Civil Rights Division, the environment and Natural Resources division, the civil division, and the office on violence against women. From National Security to Voting Rights, and from Consumer Protection to immigration litigation, both of these positions carry tremendous responsibility within the Justice Department. So, i want to take a moment to welcome the two nominees here today, Rod Rosenstein and rachel brand, and congratulate them for having been nominated to such major posts in the Justice Department. I had the pleasure of meeting with them yesterday and both appear wellqualified. If confirmed, they will be part of a Senior Leadership team that will help shape policies and priorities that will affect all of us in america and they will help determine the direction of the Justice Department over the next four years. Unfortunately, at this early stage in the new administration, there have already been concerning developments. First, the acting attorney general, sally yates, was abruptly fired by the president for taking a principled stand on the executive order banning individuals from certain majority muslim countries. Her stance was then vindicated by the ninth circuit. Second, instead of taking a strong stance to protect the Voting Rights and civil rights of all, the department has taken steps to further erode those rights. Specifically, we already see the Civil Rights Division switching ,ositions in important cases like the texas voter identification law, or withdrawing its guidance relating to transgender students. Reverseersal of course, away from policies that uphold and protect civil rights for all americans. It is unfortunate. It it will may reveal b but it will may reveal the past of the future. I support the appointment of a special prosecutor to the the investigation into russian influence in the election. I believe we need an independent criminal investigation into russian influence. That theortant American People have trust in this investigation and that there is not even the appearance of a conflict of interest or political influence. I continue to support the appointment of a special prosecutor to lead the investigation. This clear, i do not says i do not say this because i question the integrity or ability of mr. Rosenstein. I do not. This is about more than just one individual. This is about the integrity of the process. Public faith in the institutions of justice. Justice Department Regulations clearly provide for the appointment of a special counsel when there is a conflict of interest for the department or other extraordinary circumstances. The appointment of a special counsel would be in the Public Interest. General sessions was a surrogate for the Trump Campaign. He admitted that he met with the Russian Ambassador on two locations and on friday attorney general announced he believes he should recuse himself investigation could very well involve officials in the trunk administration. Demonstrate factors there is an appearance of a conflict of interest. Which is what is needed under the regulations. In addition, if you look back to december 2003, when attorney general ashcroft recused himself from the Valerie Plame case, that very same day thenDeputy Attorney general comey appointed a special prosecutor. He said he did so out of an abundance of caution and to avoid any appearance of conflict of interest. I believe the same abundance of caution is warranted here. As has been done in the past, a special prosecutor should lead this investigation. I believe it should be a respected prosecutor, someone free of any partisan political background, someone who has a reputation for integrity and impartial decisionmaking, and who is independently selected, not by the attorney general. From the outset we need a respected prosecutor who is independently selected, free of any partisan or political background. I am also concerned about the Justice Departments role in dismantling important rules and regulations that, among other things, help protect consumers, keep people safe, and protect our environment. Through executive orders and congressional appeals, President Trump and his allies are taking unprecedented steps to help big business but harm average americans. I have had an opportunity to meet with both mr. Rosenstein and ms. Brand, as i said. They both have impressive credentials and i enjoyed meeting with them. But as we all know, the test of leadership and suitability for a job is not how nice you are, or how well you get along. It is whether the Justice Department or a court, whether in those departments we need independent, fairminded Public Servants who look out for everyone in this country, not just the powerful and well connected. We need steel spines, not weak knees, when it comes to political independence in the department of justice. And there is a real danger, i believe, that the Justice Department could become politicized. I hope to hear today from these nominees what they will do to guard against just that. Thank you very much, mr. Chairman. And there is a real dai believe, that the Justice Department could become politicized. I hope to hear today from these nominees what they will do to guard against just that. Thank you very much, mr. Chairman. Sen. Grassley thank you, senator feinstein. Now senator ernst and then senator cardin and then senator van hollen. Sen. Ernst thank you, chairman grassley. It is my privilege to be here today to introduce a native iowan, rachel brand. After graduating in pella, iowa, and the university of minnesota, ms. Brand went on to receive her law degree from Harvard Law School. After law school, ms. Brand embarked on impressive legal career in both private practice and public practice. In fact, she had at one time or another served in all three branches of government. She was previously confirmed by the senate as assistant attorney general for legal policy at the department of justice, and before that she clerked for Justice Kennedy on the Supreme Court of the United States. And perhaps the most prestigious of all, she worked as an intern for senator grassley. In addition to her Public Service, ms. Brand has had a distinguished career in private practice, has taught as an adjunct law professor, and serves as a board member for doorways for women and families, an organization dedicated to creating pathways out of homelessness, domestic violence, and sexual assault. Ms. Brand has shown time and time again a commitment to Public Service, and if she is confirmed, it is my understanding that she will be the first woman to serve the country as associate attorney general of the United States. I am honored to be here today to support her for this position, and i look forward to what i hope will be a speedy approval of her nomination. Thank you, chairman grassley. Sen. Grassley thank you, senator ernst. Now senator cardin. Senator cardin it is a pleasure to be back before the Judiciary Committee. I want to thank both of our nominees for being willing to serve their country and thank families, because this is a family sacrifice to serve in government, and we thank them for being willing to do this. I am pleased to be here with senator van hollen to introduce and support Rod Rosenstein to be the Deputy Attorney general. This was a welcomed nomination by President Trump. Rod rosenstein has demonstrated throughout his long career of the highest standards of professionalism. He has dedicated his entire professional crew to Public Service. He is an experienced prosecutor and administrator. Very impressive credentials, graduating from the university of pennsylvania wharton school, from Harvard Law School, or he was editor of the harvard law journal, clerked for judge ginsburg on the District Court court of appeals. He has been u. S. Attorney since 2005. He has served in many leadership positions among u. S. Attorneys, and as chairman grassley pointed out, he has been given very sensitive assignments by the department of justice because of his known professionalism. I am very impressed by his responsibilities as u. S. Attorney for the state of maryland. He has let major criminal investigations and prosecutions in regards to contraband smuggling with gang members, inmates, and correctional officers. He has personally supervised the coordination of our antiterrorism efforts recognizing that each stakeholder can add to the strength of marylands efforts to fight terrorism. He has done that without regard to turf issues, providing coordinated strategy in our state of maryland. He has handled corruption cases, sensitive corruption cases, from Police Officers to elected officials, and he has protected marylands citizens through his commitment on consumer issues and on environmental issues. What impresses me the

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