Good morning, everybody. I am pleased to be able to hold this nomination hearing for two very outstanding nominees. Rod reosenstein and rachel brand. They have been nominated for two very important senior positions in the department of justice. Deputy attorney general and associate attorney general. The deputies attorney general who was the second in command at the department oversees the day to day operations. The associate attorney general oversees the departments civil litigation departments. It is critical that we fill these two important positions so the department can operate at full capacity. We could not have two better nominees for these positions. Mr. Rosenstein and ms. Brand share a lot in common. They both are dedicated Civil Servants. They are both been confirmed by the senate before. In ms. Brands case twice. And they both served in Senate Confirmed positions during president obamas administration. They are both extraordinarily talented and fairminded lawyers dedicated to the full and even happened enforcement handed of our laws and they will serve the department with distinction. Mr. Rosenstein has served for three decades. He was u. S. Attorney for maryland and served throughout president obamas two terms in office. I am sure senator Cardin Van Hollen will speak to his accomplishments in these roles. I would also like to submit for the record a letter from our former colleague and friend senator mccull ski and without objection that letter will be entered. With respect to mr. Rosensteins nomination, i have a few things to say about the attorney generals announcement and the supplement testimony he sent to this Committee Just yesterday. During his conformation, attorney general session told this committee that what he would do if specific matters arose where he believes he might be questioned and he said he would consult with the Justice Departments professionals and listen to their advice. To those who question his independence from the president , attorney general sessions proved them wrong already by recusing himself. Last week, he kept his word and unlike attorney general lynch, attorney general sessions recuseed recused himself and that means if there is any ongoing matter with the Trump Campaign it would be handled by the attorney deputy general. So if mr. Rosenstein is confirmed and i expect him to be the responsibility for any decisions would fall on him. I have already heard some calls a special counsel should be appointed to take over. Any talk of a special consul is any insinuation he lacks the professionalism to handle these matters is out of line. He is a career Civil Servant who has served with distinction in the bush and Obama Administration. In 2012, there was a series of high level leaks to the media of high lay classified information. The leaks looked like they were design to make the Previous Administration look good. Rather than appoint his special counsel, attorney general holder placed mr. Rosenstein and another u. S. Attorney in charge of the leak investigations. At the time, the chairman of this Committee Said attorney general holder made a good choice when he put mr. Rosenstein in charge. He described mr. Rosenstein as a tough, honest prosecutor and the epitome of the professional prosecutor. Another senior democrat on this Committee Said she opposed the special counsel because it takes a long time. The Ranking Member always had this to say about mr. Rosenstein and other u. S. Attorneys assigned to the matter quote these are two scrupulous men and both independent and i have no season to think they cannot work with the fbi and establish a strong Prosecution Team when warranted end quote. Presumebly the democrats havent changed their mind since now president is a republican not a democrat. Please remember, a special counsel are not the best way to ensure transparency and accountability that my collea e colleagues have called for. There is no mandatory public report at the end of the finding if no charges are filled. The investigations can just disappear into a black hole without the public every understanding what the facts were. The Intelligence Committees are investigating these matters and the other side has asked the Inspector General to investigate as well. Unlike special counsel, congressional ig investigations can get the facts and present them to the public. So, the notion that somehow a special counsel will bring facts to light just isnt true. I cant help but notice the selective nature of the latest calls for special counsel. Where were these calls from the other side when the attorney general lynch was overseeing the clinton investigations . Attorney general lynch had been appointed by president clinton to be a u. S. Attorney and her law form represented the clintons and her ability to continue in her job as attorney general depended on a clinton victory and she had a private meeting with bill clinton 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 special counsel when congress referred a criminal contempt citation against attorney general holder for withholding documents on the fast and Furious Scandal . Where were the calls on the other side to have hearings about that . The u. S. Attorney was ordered to ignore the criminal contempt citations and my friends on the other side of the aisle were fine with that. It would be easier to credit calls for special counsel if they were made with some cons t consistency and intellectual honesty. There are times when special counsel are appropriate but it is too soon to tell at this time. Even if there were evidence of a crimerelateded to related to the matters, once confirmed mr. Rosenstein can decide how to handle the matter. I will have more to say about ms. Brand when i introduce her. But for now, let me say she is a dedicated Public Servant and her nomination is supported by attorney general and deputies attorney generals, a letter from them will be entered into the record without objection. Before i turn to senator feinstein for Opening Statement let me say after her Opening Statement we will have the introduction of nominees. Senator ernst and i will introduce ms. Brand but i will do it after my three colleagues have spoken. And van hollen will introduce mr. Rosenstein. Then the nominees will give their Opening Statements. We will have seven minute rounds of question. I know there are a number of issues senators would like to cover with the nominations so 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 question and if dwi that will be five additional minutes. I am prepared to work through the noon hour unless the nominees need time off. Senator feinstein. Thank you very much, mr. Chairman. As you have said, today we begin our consideration on the nominees to fill two important positions within the department of justice. The Deputy Attorney general essentially leads the day to day operations of the Justice Department and directly oversees the solicitor generals office, office of Legal Counsel, and the Law Enforcement components 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 and oversees 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. Rod reosenstein and rachel brand and congratulate them for being nominated to such major posts. I had the pleasure of meeting with them yesterday and both seem well qualified. 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 help determine the direction of the Justice Department over the next four years. Unfortunately, at this early stage in the new administration, there have been some concerning developments argument. First, the acting attorney general, sally yates was fired by the president by taking principle stand on the executive order which was vindicated by the 9th circuit. Instead of taking strong stands to protect the Voting Rights and civil rights of all the department has taken step to further aroad those rights. Specifically, we see the Civil Rights Division switching positions with the texas identification law or withdrawing guidance relating to transgender students. This reversal of course away from policies that uphold and protect civil rights for all americans is unfortunate but it well may reveal the intended path of the future. Over the past several weeks, there have been numerous press stories about the white house attempting to direct communications for ongoing investigations and even direct u. S. Attorneys on how to argue cas cases. I continue to strongly believe that the case can be made for an independent investigation that is insulated from any potential political influence. So i very much support the appointment of a special prosecutor to lead the investigation into russian influence in the election. I believe we need an independent criminal investigation into russian influence. It is vitally important that the American People have trust in this investigation. And that there is not even the appearance of a conflict of interest or political influence. So that is why i continue to support the appointment of a special prosecutor to lead the investigation. To be clear, i do not say this because i question the integrity or the ability of mr. Rosenstein. I do not. But this is about more than just one individual. This is about the integrity of the process and the publics faith in our insteinsteitutions justice. They provide for a special counsel when there is a conflict of interest for the department or other extraordinary circumstances and where the appointment of a special counsel would be in the public in the. By his own words, attorney general Jeff Sessions was a surrogate for the Trump Campaign and admitted to meeting with the Russian Ambassador and the attorney general announced he believed he should recuse himself and he has. In addition, the investigation into russias interference could very well involve officials in the Trump Administration. All these factors demonstrate at the minimum 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 recuse d himself from the valerie plain case that very same day, then Deputy Attorney general comey, appointed a special prosecutor. He said he did so out of an abundance of caution and to avoid any appearance of a 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 or political background. Someone who has a reputation for integrity and Decision Making and who was independently selected not by the attorney general. From the outset, we need a respected prosecutor who was 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 congression appeal, President Trump and allies are taking unprecedented steep help big business but harm average americans. I have had an opportunity to meet with both mr. Rosenstein and mr. Brand as i said. They both had impressive cred credentials but we all know the test of leadership and suitability is not how nice you are or how well you get along. It is whether the Justice Department, or the court, whether in those departments we need independent, fairminded, Public Servants who ad hehere t the rule of law and look out for everyone in the country. We need steel spines not weak knows when it comes to political independence in the department of justice. There is a real danger the Justice Department could become politicized so i hope to hear from the nominees what they will do to guard against that. Thank you, chairman. Thank you, senator feinstein. Now it is my privilege to be here to introduce a native iowan, rachel brand, who has been nominated to be associate attorney general of the United States. After graduating from Pella Christian and the university of minnesota, ms. Brand went on to receive a law degree from Harvard Law School and embarked on a career in public and private practice. At one time or another, she has served in all three branches of government. She was previously confirmed as assistant attorney general for legal policy at the department of skruss and before that she clerkeded for Justice Kennedy on the Supreme Court of United States and worked as an intern for senator grassley. Ms. Brand has had a distinguished career and taught as an adjunct law werefess fpro serves as a board member for doorways for families which helps set a pathway out of Domestic Violence and sexual assault. Ms. Brand has shown a commitment to Public Service and if confirmed it is my understanding 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. I look forward to what i hope will be a speedy approval of her nomination. Thank you, chairman grassley. Thank you, senator ernst. Now senator cardin. Thank you, senator grassley, senator feinstein. It is a pleasure to be back before the judiciary committee. I want to thank both of your nominees for being willing to serve our country and thank their families because this is a family sacrifice to serve in government and thank them for being willing to do this. Pleased to be here with senator van hollen to introduce and support rod reosenstein to be the Deputy Attorney general. This was a welcomed nomination by President Trump. Rod reosenstein has demonstrated throughout his long career the highest standards of professionalism. He is dedicated his entire professional career to Public Service. He is an experienced prosecutor and administrator. Very impressive credentials graduating from Harvard Law School where he was editor and clerked for judge ginsburg, been a u. S. Attorney since 2005, served among many leadership positions and as chairman grassley pointed out he has been given 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 is led a major criminal investigations and prosecutions in regards to contrabrand smuggling with inmates and correction officers. He has supervised the coordination of Anti Terrorism efforts recognizing each sta stakeholders can add to the strength of fighting terrorism. He did that without regard to turf issues, providing a coordinated strategy in our state of maryland. He has handled sensitive Corruption Cases from Police Officers to elected officials and he has protected maryland citizens through his commitment on consumer issues and on environmental issues. What impresses me the most is the fact he has done this in a totally nonpartisan, professional manner. When i was elected in 2006 to the United States senate, rosenstein was already the u. S. Attorney. He being appointed there by president bush. So i first met mr. Rosenstein when he was a u. S. Attorney for our state