[Senate Hearing 112-72, Part 2] [From the U.S. Government Publishing Office] S. Hrg. 112-72, Pt.2 CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS ======================================================================= HEARINGS before the COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED TWELFTH CONGRESS FIRST SESSION ---------- APRIL 13, MAY 4, and MAY 24, 2011 ---------- Serial No. J-112-4 ---------- PART 2 ---------- Printed for the use of the Committee on the Judiciary S. Hrg. 112-72, Pt.2 CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS ======================================================================= HEARINGS before the COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED TWELFTH CONGRESS FIRST SESSION __________ APRIL 13, MAY 4, and MAY 24, 2011 __________ Serial No. J-112-4 __________ PART 2 __________ Printed for the use of the Committee on the JudiciaryU.S. GOVERNMENT PRINTING OFFICE 75-307 PDF WASHINGTON : 2012 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman HERB KOHL, Wisconsin CHUCK GRASSLEY, Iowa DIANNE FEINSTEIN, California ORRIN G. HATCH, Utah CHUCK SCHUMER, New York JON KYL, Arizona DICK DURBIN, Illinois JEFF SESSIONS, Alabama SHELDON WHITEHOUSE, Rhode Island LINDSEY GRAHAM, South Carolina AMY KLOBUCHAR, Minnesota JOHN CORNYN, Texas AL FRANKEN, Minnesota MICHAEL S. LEE, Utah CHRISTOPHER A. COONS, Delaware TOM COBURN, Oklahoma RICHARD BLUMENTHAL, Connecticut Bruce A. Cohen, Chief Counsel and Staff Director Kolan Davis, Republican Chief Counsel and Staff Director C O N T E N T S ---------- April 13, 2011 STATEMENTS OF COMMITTEE MEMBERS Page Franken, Hon. Al, a U.S. Senator from the State of Minnesota..... 1 Grassley, Hon. Charles, a U.S. Senator from the State of Iowa.... 2 prepared statement........................................... 358 PRESENTERS Bennet, Hon. Michael, a U.S. Senator from the State of Colorado, presenting Richard B. Jackson, Nominee to be U.S. District Judge for the District of Colorado............................. 8 Brown, Hon. Scott P. (of Massachusetts), a U.S. Senator from the State of Massachusetts presenting Lisa O. Monaco, Nominee to be Assistant Attorney General, National Security, U.S. Department of Justice..................................................... 10 Clyburn, Jame E., a Representative in Congress from the State of South Carolina, presenting Henry F. Floyd, Nominee to be U.S. Circuit Judge for the Fourth Circuit........................... 11 Cornyn, Hon. John, a U.S. Senator from the State of Texas presenting Nelva G. Ramos, Nominee to be U.S. District Judge for the Southern District of Texas............................. 4 Durbin, Hon. Dick, a U.S. Senator from the State of Illinois presenting Sara L. Darrow, Nominee to be U.S. District Judge for the Central District of Illinois........................... 5 Graham, Hon. Lindsey, a U.S. Senator from the State of Southern Carolina presenting Henry F. Floyd, Nominee to be U.S. Circuit Judge for the Fourth Circuit................................... 6 Hutchison, Hon. Kay Bailey, a U.S. Senator from the State of Texas presenting Nelva G. Ramos, Nominee to be U.S. District Judge for the Southern District of Texas....................... 3 Udall, Hon. Mark (of Colorado), a U.S. Senator from the State of Colorado presenting Richard B. Jackson, Nominee to be U.S. District Judge for the District of Colorado.................... 7 STATEMENTS OF THE NOMINEES Darrow, Sara L., Nominee to be U.S. District Judge for the Central District of Illinois................................... 265 Biographical Information..................................... 267 Floyd, Henry F., Nominee to be U.S. Circuit Judge for the Fourth Circuit........................................................ 12 Biographical Information..................................... 17 Jackson, Richard B., Nominee to be U.S. District Judge for the District of Colorado........................................... 156 Biographical Information..................................... 157 Monaco, Lisa O., Nominee to be Assistant Attorney General, National Security Division, U.S. Department of Justice......... 77 Biographical Information..................................... 83 Ramos, Nelva G., Nominee to be U.S. District Judge for the Southern District of Texas..................................... 107 Biographical Information..................................... 108 QUESTIONS AND ANSWERS Responses of Sara L. Darrow to questions submitted by Senator Grassley....................................................... 314 Responses of Henry F. Floyd to questions submitted by Senator Grassley....................................................... 317 Responses of Richard B. Jackson to questions submitted by Senator Grassley....................................................... 320 Responses of Lisa O. Monaco to questions submitted by Senator Grassley....................................................... 326 Responses of Nelva G. Ramos to questions submitted by Senator Grassley....................................................... 340 SUBMISSION FOR THE RECORD Anderson, Norma V., Senator, Retired, Lakewood, Colorado, letter. 343 Austin, H. Gregory, Denver, Colorado, March 18, 2011, letter..... 344 Beatty, Michael L., Attorneys at Law, Beatty & Wozniak, P.C., Denver, Colorado, March 21, 2011, letter....................... 346 Billy, Joseph, Jr., former Assistant Director of the FBI's Counter Terrorism Division, April 5, 2011, letter.............. 347 Brennan, Daniel G., Chief of Police, City of Police Department, Wheat Ridge, Colorado, April 8, 2011, letter................... 348 Campbell, Benton J., former Interim U.S. Attorney, Eastern District of New York; Wan J. Kim, former Assistant Attorney General, Civil Rights Division; Jeffrey A. Taylor, former U.S. Attorney, District of Columbia; Matthew W. Fredrich, former Acting Assistant Attorney General, Criminal Division; Chuck Rosenberg, former U.S. Attorney, Eastern District of Virginia; Ronald J. Tenpas, former Assistant Attorney General, Environment and Natural Resources Division, April 4, 2011, joint letter................................................... 349 Coors, Peter H., Golden, Colorado, March 21, 2011, letter........ 350 Davidson, Janice B., Chief Judge, Colorado Court of Appeals, Denver, Colorado, March 29, 2011, letter....................... 351 Donoghue Elizabeth, Chair, Committee on the Judiciary of the New York City Bar, New York, New York, June 14, 2011, letter....... 353 Enquist, Margie L., Judge, District Court, Golden, Colorado, March 18, 2011, letter......................................... 354 Feeley, Michael F., Attorney at Law, Brownstein, Hyatt, Farber, Schreck, Denver, Colorado, March 23, 2011, letter.............. 355 Gleen, Marcy G., Holland & Hart, Denver, Colorado, March 31, 2011, letter................................................... 356 Haddon, Harold A., Haddon, Morgan and Foreman, P.C., Denver, Colorado, March 29, 2011, letter............................... 364 Hulon, Willie T., April 8, 2011, letter.......................... 366 Hutchison, Kay Bailey, a U.S. Senator from the State of Texas, prepared statement............................................. 367 Kerry, John F., a U.S. Senator from the State of Massachusetts, prepared statement............................................. 368 Lindsay, Sue, Golden, Colorado, March 25, 2011, letter........... 369 Maxfield, John R., P.C., Holland & Hart, Denver, Colorado, March 18, 2011, letter............................................... 370 Menendez, MJ, Deputy Chief-OCDETF, U.S. Attorney, Denver Colorado, March 28, 2011, letter............................... 372 Michaels, Jane, Holland & Hart, Denver, Colorado, March 18, 2011, letter......................................................... 375 Mink, Ted, Jefferson County Sheriff, Golden, Colorado, March 30, 2011, letter................................................... 376 Mudd, Philip, George Washington University, Homeland Security Policy Institute, Washington, DC, statement.................... 377 Mukasey, Michael B., Debevoise & Plimpton, LLP, New York, New York, April 5, 2011, letter.................................... 378 Munch, Christopher J., Judge, Golden, Colorado, March 17, 2011, letter......................................................... 379 Nieto, Henry E., Judge, Court of Appeals, Denver, Colorado, March 29, 2011, letter............................................... 381 O'Donnell, Michael L., Wheeler Trigg O'Donnell LLP, Denver, Colorado, March 24, 2011, letter............................... 382 Oeffler, Lily W., District Court Judge, Golden, Colorado, letter. 383 Paletta, Kevin, Chief of Police, Lakewood Police Department, Lakewood, Colorado, March 30, 2011, letter..................... 384 Pautler, Mark C., Senior Chief Deputy District Attorney, Jefferson County, Colorado, March 28, 2011, letter............. 385 Perlmutter, Ed, a Representatives in Congress from the State of Colorado, March 30, 2011, letter............................... 387 Phillips, Paul D., Holland & Hart LLP, Denver, Colorado, March 22, 2011, letter............................................... 388 Polk, Dennis B., Attorneys at Law, Holley, Albertson & Polk, PC, Golden, Colorado, March 30, 2011, letter....................... 389 Polidori, Tuthanne, Senior Judge, Morrison, Colorado, letter..... 391 Ritter, Bill, Jr., Denver, Colorado, April 1, 2011, letter....... 393 Storey, Scott W., District Attorney, Jefferson County, Colorado, March 28, 2011, letter......................................... 395 Stuart, Ryan, Magistrate, State of Colorado, Golden Colorado, March 25, 2011, letter......................................... 397 Suthers, John W., Attorney General, Denver Colorado, March 24, 2011, letter................................................... 399 Terwilliger, George J., III, White & Case, Washington, DC, April 12, 2011 letter................................................ 400 Thomas, David J., Attorneys at Law, O'Brien & Thomas, LLC, Lakewood Colorado, March 31, 2011, letter...................... 402 Toll, Christopher H., P.C., Holland & Hart, Greenwood Village, Colorado, March 28, 2011, letter............................... 403 Wainstein, Kenneth L., O'Melveny & Myers LLP, Washington, DC, April 11, 2011, letter......................................... 405 Walsh, John F., U.S. Attorney, District of Colorado, U.S. Department of Justice, Denver, Colorado, April 1, 2011, letter. 407 Weir, Peter A., Senior Chief Deputy District Attorney, Jefferson County, Colorado, March 31, 2011, letter....................... 409 Wheeler, Malcolm E., Wheeler Trigg O'Donnell LLP, Denver, Colorado, March 21, 2011, letter............................... 410 Witt, Maureen Reidy, Holland & Hart LLP., Greenwood Village, Colorado, March 21, 2011, letter............................... 411 May 4, 2011 STATEMENTS OF COMMITTEE MEMBERS Coons, Christopher A., a U.S. Senator from the State of Delaware. 423 Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa...... 424 prepared statement........................................... 724 Schumer, Hon. Chuck, a U.S. Senator from the State of New York, prepared statement............................................. 727 PRESENTERS Collins, Hon. Susan M., a U.S. Senator from the State of Maine presenting Nancy Torresen of Maine, Nominee to be District Judge for the District of Maine................................ 416 Graham, Hon. Lindsey, a U.S. Senator from the State of South Carolina presenting Timothy M. Cain, of South Carolina, Nominee to be District Judge for the District of South Carolina........ 422 Landrieu, Hon. Mary L., a U.S. Senator from the State of Louisiana presenting Nannettee Jolivette Brown, of Louisiana, Nominee to be District Judge for the Eastern District of Louisiana...................................................... 418 McCaskill, Hon. Claire, a U.S. Senator from the State of Missouri presenting John A. Ross, of Missouri, Nominee to be District Judge for the Eastern District of Missouri..................... 420 Schumer, Hon. Charles E., a U.S. Senator from the State of New York presenting William F. Kuntz II, of New York, Nominee to be District Judge for the Eastern District of New York............ 417 Snowe, Hon. Olympia J., a U.S. Senator from the State of Maine presenting Nancy Torresen of Maine, Nominee to be District Judge for the District of Maine................................ 414 Vitter, Hon. David, a U.S. Senator from the State of Louisiana presenting Nannettee Jolivette Brown, of Louisiana, Nominee to be District Judge for the Eastern District of Louisiana........ 419 STATEMENT OF THE NOMINEES Brown, Nannette Jolivette, of Louisiana, Nominee to be District Judge for the Eastern District of Louisiana.................... 464 Cain, Judge Timothy M., of South Carolina, Nominee to be District Judge for the District of South Carolina....................... 557 biographical information..................................... 558 biographical information..................................... 465 Kuntz, William F., II, of New York, Nominee to be District Judge for the Eastern District of New York........................... 514 biographical information..................................... 515 Ross, Judge John A., of Missouri, Nominee to be District Judge for the Eastern District of Missouri........................... 612 biographical information..................................... 613 Torresen, Nancy, of Maine, Nominee to be District Judge for the District of Maine.............................................. 424 biographical information..................................... 426 QUESTIONS AND ANSWERS Responses of Nannette Jolivette Brown to questions submitted by Senators Grassley and Klobuchar................................ 688 Responses of Timothy M. Cain to questions submitted by Senators Grassley and Klobuchar......................................... 694 Responses of William F. Kuntz, II to questions submitted by Senators Grassley and Klobuchar................................ 698 Responses of John A. Ross to questions submitted by Senators Grassley and Klobuchar......................................... 702 Responses of Nancy Torresen to questions submitted by Senators Grassley and Klobuchar......................................... 706 SUBMISSIONS FOR THE RECORD American Bar Association, Hill, Benjamin H., III, Chair, Washington, DC: March 3, 2011, letter........................................ 711 February 17, 2011, letter.................................... 713 March 10, 2011, letter....................................... 715 December 1, 2010, letter..................................... 717 March 3, 2011, letter........................................ 719 Collins, Hon. Susan M., a U.S. Senator from the State of Maine, prepared statement............................................. 721 Donoghue, Elizabeth, Chair, New York City Bar, April 27, 2011, letter......................................................... 723 May 24, 2011 STATEMENTS OF COMMITTEE MEMBERS Klobuchar, Hon. Amy, a U.S. Senator from the State of Minnesota.. 729 Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa...... 733 prepared statement........................................... 1421 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont, prepared statement............................................. 1439 Schumer, Hon. Charles, a U.S. Senator from the State of New York, prepared statement............................................. 1445 PRESENTERS Cornyn, Hon. John, a U.S. Senator from the State of Texas presenting Marina Garcia Marmolyo, Nominee to be U.S. District Judge for the Southern District of Texas....................... 730 Christensen, Hon. Donna, a Representatives in Congress from the State of Virgin Islands presenting Wilma Antoinette Lewis Nominee to be Judge for the District Court of the Virgin Islands........................................................ 731 Hutchison, Hon. Kay Bailey, a U.S. Senator from the State of Texas, presenting Marina Garcia Marmolejo, Nominee to be U.S. District Judge for the Southern District of Texas.............. 735 STATEMENT OF THE NOMINEES Green, Michael C., Nominee to be U.S. District Judge for the Western District of New York................................... 905 biographical information..................................... 906 Lewis, Wilma Antionette, Nominee to be U.S. District Court of the Virgin Islands................................................. 1006 biographical information..................................... 1008 Marmolejo, Marina Garcia, Nominee to be U.S. District Judge for the Southern District of Texas of Texas........................ 865 biographical information..................................... 867 Quagliotti, Major General Marilyn A., USA (ret.), Nominee to be Deputy Director for Supply Reduction, Office of National Drug Control Policy................................................. 1108 biographical information..................................... 1114 Six, Steve, Nominee to be U.S. Circuit Judge for the Tenth Circuit........................................................ 734 biographical information..................................... 745 QUESTIONS AND ANSWERS Responses of Michael C. Green to questions submitted by Senators Grassley and Coburn............................................ 1126 People v. Abdallah Cases..................................... 1139 People v. Mateo Cases........................................ 1147 People v. Owens Cases........................................ 1269 Responses of Wilma A. Lewis to questions submitted by Senator Grassley....................................................... 1361 Responses of Marina Garcia Marmolejo to questions submitted by Senators Grassley and Coburn................................... 1372 Responses of Marilyn A. Quagliotti to questions submitted by Senators Grassley and Coburn................................... 1375 Responses of Stephen N. Six to questions submitted by Senators Grassley and Coburn............................................ 1388 SUBMISSIONS FOR THE RECORD Christensen, Hon. Donna, a Representatives in Congress from the State of Virgin Islands........................................ 1416 Croom, Charles E., Lt. Gen (USAF, Retired), Falls Church, Virginia, letter............................................... 1421 District Attorneys Association of the State of New York, Derek P. Champagne, President, Malone, New York, April 27, 2011, letter. 1423 Gilliband, Hon. Kirsten E., a U.S. Senator from the State of New York, prepared statement....................................... 1425 Keeton, Douglas W., Small Business Owner, Veteran, Silver Spring, Maryland, March 21, 2011, letter............................... 1438 McCaffrey, Barry R., General, (Retired) U.S. Army, March 2, 2011, letter......................................................... 1442 Malone, Shawn-Michael, Senator of the Virgin Islands, St. Thomas, Virgin Islands, May 23, 2011, letter........................... 1443 Speer, Gary D., Lieutenant General, U.S. Army (Retired), Springfield, Virginia, March 21, 2011, letter.................. 1446 State Attorneys General, under-signed, John Suthers, Attorney General of Colorado; Dustin McDaniel, Attorney General of Arkansas; Tom Miller, Attorney General of Iowa; George Jepsen, Attorney General of Connecticut; Joseph R. ``Beau'' Biden, III, Attorney General of Delaware; Lawrence G. Wasden, Attorney General of Idaho; Jack Conway, Attorney General of Kentucky; Douglas F. Gansler, Attorney General of Maryland; Jim Hood, Attorney General of Mississippi; Steve Bullock, Attorney General of Montana; Michael A Delaney, Attorney Genera of New Hampshire; Leonardo M. Rapadas, Attorney general of Guam; Greg Zoeller, Attorney General of Idiana; James D.``Budy'' Cadwell, Attorney General of Louisiana; Martha Coakley, Attorney General of Massachusetts; Chris Koster, Attorney General of Missouri; Catherine Cortez Masto, Attorney General of Nevada; Gary K. King, Attorney General of New Mexico; Roy Cooper, Attorney General of North Carolina; Kohn Kroger, Attorney General of Oregon; Marty J. Jackley, Attorney General of South Dakota; Mark L. Shurtleff, Attorney General of Utah; Rob McKenna, Attorney General of Washington; Gregory A. Phillips, Attorney General of Wyoming; Wayne K. Stenehjem, Attorney General of North Dakota; Peter Kilmartin Attorney General of Rhode Island; Robert E. Cooper, Jr., Attorney General of Tennessee; William H. Sorrell, Attorney General of Vermont, and Darrell V. McGraw, Jr., Attorney General of West Virginia, June 8, 2011, joint letter......................................................... 1448 Stephan, Robert T., Attorney at Law, Overland Park, Kansas, June 20, 2011, letter............................................... 1452 Tacha, Deanell Reece, Duane and Kelly Roberts Dean and Professor of Law, Pepperdine University School of Law, Malibu, California, June 24, 2011, letter.............................. 1453 Turnbull, Charles W., former Governor, May 23, 2011, letter...... 1454 University of Kansas, School of Law, Stephen W. Mazza, Dean and Professor of Law; James K. Logan, former Dean; Martin W. Dickinson, former Dean; Michael J. Davis, former Dean, and Michael H. Hoefich, former Dean, Lawrence, Kansas, June 27, 2011, joint letter............................................. 1455 Vaught Wilma L., Brigadier General, USAF, retired, President, Women in Military Service for America Memorial Foundation, Inc., Washington, DC, March 25, 2011, letter................... 1457 Warner, Hon. Mark, a U.S. Senator for the State of Virginia, prepared statement............................................. 1458 ALPHABETICAL LIST OF NOMINEES Brown, Nannette Jolivette, of Louisiana, Nominee to be District Judge for the Eastern istrict of Louisiana..................... 464 Cain, Judge Timothy M., of South Carolina, Nominee to be District Judge for the District of South Carolina....................... 557 Darrow, Sara L., Nominee to be U.S. District Judge for the Central District of Illinois................................... 265 Floyd, Henry F., Nominee to be U.S. Circuit Judge for the Fourth Circuit........................................................ 12 Green, Michael C., Nominee to be U.S. District Judge for the Western District of New York................................... 905 Jackson, Richard B., Nominee to be U.S. District Judge for the District of Colorado........................................... 156 Kuntz, William F., II, of New York Nominee to be District Judge for the Eastern District of New York........................... 514 Lewis, Wilma Antionette, Nominee to be U.S. District Court of th Virgin Islands................................................. 1006 Marmolejo, Marina Garcia, Nominee to be U.S. District Judge for the Southern District of Texas of Texas........................ 865 Monaco, Lisa O., Nominee to be Assistant Attorney General, National Security Division, U.S. Department of Justice......... 77 Quagliotti, Major General Marilyn A., USA (ret.), Nominee to be Deputy Director for Supply Reduction, Office of National Drug Control Policy................................................. 1108 Ramos, Nelva G., Nominee to be U.S. District Judge for the Southern District of Texas..................................... 107 Ross, Judge John A., of Missouri, Nominee to be District Judge for the Easter District of Missouri............................ 612 Six, Steve, Nominee to be U.S. Circuit Judge for the Tenth Circuit........................................................ 734 Torresen, Nancy, of Maine, Nominee to be District Judge for the District of Maine.............................................. 424 NOMINATIONS OF HENRY F. FLOYD, NOMINEE TO BE UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT; LISA O. MONACO, NOMINEE TO BE ASSISTANT ATTORNEY GENERAL, NATIONAL SECURITY DIVISION; NELVA G. RAMOS, NOMINEE TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS; RICHARD B. JACKSON, NOMINEE TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF COLORADO; AND, SARA L. DARROW, NOMINEE TO BE UNITED STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF ILLINOIS ---------- WEDNESDAY, APRIL 13, 2011 U.S. Senate, Committee on the Judiciary, Washington, DC. The Committee met, pursuant to notice, at 3:02 p.m., Room SD-226, Dirksen Senate Office Building, Hon. Al Franken, presiding. Present: Senators Durbin, Grassley, and Graham. OPENING STATEMENT OF HON. AL FRANKEN, A U.S. SENATOR FROM THE STATE OF MINNESOTA Senator Franken. This hearing is called to order. Before we begin, I would like to welcome all of you here today to the Senate Judiciary Committee. Providing the President our advice and consent on judicial and executive nominations is one of the most important jobs we have as Senators, and it is a special responsibility for the Judiciary Committee. Today we will consider five nominations: Judge Henry F. Floyd, for United States Circuit Judge for the Fourth Circuit; Lisa O. Monaco, for the Assistant Attorney General of the Department of Justice's National Security Division; Judge Nelva G. Ramos, for United States District Judge for the Southern District of Texas; Judge Richard B. Jackson, for United States District Judge for the District of Colorado; Sara L. Darrow, for United States District Judge for the Central District of Illinois. We are fortunate to have some of the nominees' home State Senators and Representatives here to introduce them, and we will turn to them shortly. But before we do, I will turn the floor over to my friend, the Ranking Member, Senator Grassley, for his opening remarks. STATEMENT OF HON. CHUCK GRASSLEY, A U.S. SENATOR FROM THE STATE OF IOWA Senator Grassley. Thank you, Mr. Chairman. We have a nominee to be a Circuit Judge, and three to be District Court Judges. In addition, we will hear from the nominee to be Assistant Attorney General heading the National Security Division, with the Department of Justice. I join you all, as the Chairman has, in welcoming all of you. Ms. Lisa Monaco--Monaco, like the city of Monaco or the state of Monaco, right? Senator Franken. I believe it is a nation. Senator Grassley. Nation. Senator Franken. Municipality. Senator Grassley. You do not have to convince them. Senator Franken. It is a principality? OK. Thank you. Well, Senator Graham is a huge gambler. [Laughter.] Senator Grassley. The National Security Division's mission is to carry out the department's highest priority, combating terrorism and other threats to national security. The division was created in 2006 as part of the PATRIOT Act reauthorization. Much of the reorganization creating the division was to promote a unified approach to accomplishing its mission. The structure of the division was designed to ensure greater coordination between prosecutors and law enforcement agencies, on the one hand, and the intelligence community on the other. Tearing down this wall, enhancing investigatory tools, streamlining national security investigations, and modernizing investigative authorities to take account of new and emerging technologies are some of the reforms that we have made. And there is work to be done, as we have recently heard from the FBI Director about this. Reauthorization of the critical tools ought to be a priority of this committee. I will continue to work with the Chairman in pursuit of a permanent extension of the Lone Wolf provisions of the roving electronic surveillance provision and of the business records provisions. In addition, I will work to preserve and strengthen other tools available for our national security and law enforcement professionals. In addition, we are considering four judicial nominees. Henry Floyd, sitting U.S. District Judge in South Carolina, is nominated to be U.S. Circuit Judge. We have already confirmed four of the President's nominees to the fourth circuit. This is as many as were confirmed to that Circuit during the two terms of President Bush. I would note that eight of President Bush's nominees to the Fourth Circuit were returned to the President, receiving no up or down vote by the Senate. We are also considering three District Court nominations. They are Sara L. Darrow, to be U.S. District Judge for the Central District of Illinois; Richard B. Jackson, for the District in Colorado; and, Nelva Ramos, from the Southern District of Texas. All of these vacancies are have been declared to be judicial emergencies. I would note that the Colorado vacancy could have been filled years ago. Gregory E. Goldberg was nominated to this seat in July of 2008 by President Bush and, as with many of these nominees by Bush, the Committee took no action. Mr. Chairman, I will not repeat the biographical information of our nominees. I commend each of them for their prior public service and for their willingness to continue in public service. I ask unanimous consent that the balance of my statement be put in the record. Senator Franken. Without objection. [The prepared statement of Senator Grassley appears as a submission for the record.] Senator Franken. Thank you, Senator Grassley. As I said, we are fortunate to have some of these nominees' home State Senators, and I think, in the case of Judge Floyd, perhaps Representative Clyburn will be coming. Let us start with Senator Cornyn, my good colleague from Texas, who will introduce Judge Ramos. Senator Cornyn. Thank you, Chairman Franken, Senator Grassley, Senator Graham. If I may withhold, and I see the senior Senator has just arrived just in time. If I could defer to her, I would appreciate it very much. Senator Franken. Absolutely. Senator Hutchison. Senator Hutchison. We always say that I am the senior Senator, but he has the gray hair. [Laughter.] PRESENTATION OF NELVA G. RAMOS, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS, PRESENTED BY HON. KAY BAILEY HUTCHISON, A U.S. SENATOR FROM THE STATE OF TEXAS Senator Hutchison. Thank you, Mr. Chairman, for having this hearing. And I am very pleased to be able to introduce our nominee, Nelva Gonzales Ramos, who has been nominated to serve as a district judge for the southern district in Corpus Christi, Texas. She graduated summa cum laude at Texas State University in San Marcos with a degree in education. She then went on to receive her juris doctorate from my alma mater, the University of Texas Law School, where she, again, graduated with honors. After growing up in Port Lavaca, Texas, Judge Ramos now finds herself in the very same area serving as a district court judge where she has been for the last 10 years. She began her judicial career in 1997 as a municipal court judge in Corpus Christi. During these years, she has been routinely recognized by the members of the Corpus Christi Bar Association as an outstanding district judge. She has gained the respect of her colleagues because of her demeanor on the bench. She is seen as fair and thoughtful and is commended by her colleagues for her skilled legal mind. Now, I read in a newspaper interview about her, when we nominated her, the President nominated her with our consent, and one of the lawyers that appears in her court often said that when she overrules his requests, which is not infrequent, that she always explains why and he acknowledges that she is usually right. So I think that is the mark of a good judge. I know that she has a solid understanding of the law and is well qualified, and I recommend her without reservation to the committee. Thank you, Mr. Chairman. And I thank my junior Senator. Senator Franken. Thank you, Senator Hutchison. Now, we will turn to Senator Cornyn, junior Senator. Senator Cornyn. Thank you, Chairman Franken. Senator Franken, I wonder if I might ask Judge Ramos and her family to stand so we can identify them. Senator Franken. Certainly. Welcome. Welcome to all of you. PRESENTATION OF NELVA G. RAMOS, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS, PRESENTED BY HON. JOHN CORNYN, A U.S. SENATOR FROM THE STATE OF TEXAS Senator Cornyn. Thank you very much, Mr. Chairman. I saw the judge's husband and son, but I did not see her when I came in. So I am glad she is here. Senator Franken. We will give her a chance to introduce them, as well. That was very kind of you. Senator Cornyn. Judge Ramos applied for this position, was screened by the Federal Judicial Evaluation Committee that Senator Hutchison and I have appointed, which is a bipartisan Committee comprised of the very lawyers in the State of Texas. As Senator Hutchison said, we are pleased to recommend her to President Obama and am even more pleased that she is a consensus nominee. I believe her character, temperament, and her skills demonstrate that she will apply the law faithfully and why she has earned such broad support. Judge Ramos' nomination, as I said, enjoys broad bipartisan support. The Texas House of Representatives, for instance, recently passed a resolution describing her as, quote, ``imminently qualified to serve as a Federal judge.'' That resolution passed unanimously by both Republicans and Democrats. During her time on the bench, Judge Ramos has displayed a commitment to protecting some of our most vulnerable citizens. For example, she helped create the Nueces County district domestic violence court, which she has served on for the past 3 years. She has also been very active in her community, serving on the Coastal Bend Council on Alcohol and Drug Abuse, on the board of directors for the Corpus Christi chapter of the March of Dimes, and as a mentor to students at Driscoll Middle School in Corpus Christi, Texas. As a member of the court, Judge Ramos will be replacing Judge Hayden Head. After a lifetime of service to his country and the United States Navy during the Vietnam war and 30 years now on the Federal bench, Judge Head will be a difficult act to follow. But I am confident Judge Ramos will rise to the occasion and continue to do us all proud. I urge my colleagues to join Senator Hutchison and me and the people of our State in support of the nomination of Judge Nelva Gonazales Ramos. Thank you, Mr. Chairman. Senator Franken. Thank you, Senator Cornyn and Senator Hutchison. I know you both have very busy schedules. So thank you very much, and return to your other work. Senator Hutchison. Thank you for your courtesy, Senator Franken. Senator Franken. You bet. It appears that Senator Durbin has arrived. Would you introduce Ms. Darrow for us? PRESENTATION OF SARA L. DARROW, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF ILLINOIS, PRESENTED BY HON. RICHARD DURBIN, A U.S. SENATOR FROM THE STATE OF ILLINOIS Senator Durbin. Thank you very much, Mr. Chairman. I am pleased to introduce Sara Darrow, who has been nominated to serve in the District Court for the Central District of Illinois, and I thank my colleague, Senator Kirk, for also joining in this nomination. I want to thank Chairman Leahy and Ranking Member Grassley for including Ms. Darrow in today's hearing and for giving me a chance to say a few words about her nomination. She is currently an Assistant United States Attorney for the Illinois Central District, where she serves as the chief of the violent crimes section and works out of the Rock Island office. She has been nominated to fill the judgeship that was vacated when Judge Joe Billy McDade took senior status last year in Peoria. Ms. Darrow was recommended to me by a bipartisan merit selection committee I established to consider judicial applications, and I was pleased to submit her name to the White House and I am glad that she is here before us today. I am also glad that she is joined by many members of her family, including her husband, Clarence, and her six children. You will have the chance to introduce your family when you make your opening statement. Ms. Darrow is a graduate of Marquette University and the St. Louis University School of Law. While a college student at Marquette, she interned in Washington, DC for our colleague, Senator Carl Levin. It was on Capitol Hill where she met and began dating her husband, who was then working for Congressman Lane Evans. Ms. Darrow began her legal career in private practice in Rock Island, where she worked for 2 years before moving over to the Henry County State's attorney's office. She served as assistant state's attorney there from 1999 to 2000, then as first assistant state's attorney from 2000 to 2003. While serving at the state's attorney's office, she prosecuted a wide range of state felony cases and tried to verdict approximately 20 jury cases and over 100 cases before the bench. In her capacity as first assistant, she also was responsible for supervising staff attorneys and managing the office caseload. In 2003, Ms. Darrow became a Federal prosecutor, serving in the Rock Island office of the central district U.S. Attorney. She has investigated and prosecuted hundreds of defendants for various Federal crimes, including gang offenses, drug conspiracies, gun crimes, bank robbery, money laundering and fraud. She has written and argued numerous appeals. Starting in 2007, Ms. Darrow has served as violent crimes chief for the U.S. attorney's office and as the office's project safe neighborhoods coordinator and organized crime drug enforcement tax force coordinator. I know Senator Grassley will be interested in the fact that Ms. Darrow has also served since 2003 as a special assistant U.S. attorney for the southern district of Iowa. This is an arrangement that the Illinois and Iowa U.S. attorneys' offices have worked out to coordinate their effort. She has an amazing, impressive record in the Rock Island community, having volunteered for numerous organizations that serve children and the disadvantaged, and she also is a very proud mother. Ms. Darrow, we are glad to have you here before us today and I look forward to enthusiastically supporting your nomination. Senator Franken. Thank you very much, Senator Durbin. And now I turn to my colleague from South Carolina, Senator Graham. PRESENTATION OF HENRY F. FLOYD, NOMINEE TO BE U.S. CIRCUIT JUDGE FOR THE FOURTH CIRCUIT, PRESENTED BY HON. LINDSEY GRAHAM, A U.S. SENATOR FROM THE STATE OF SOUTH CAROLINA Senator Graham. Thank you, Mr. Chairman. It is my pleasure today to introduce to the Committee Judge Henry Floyd. I have known Henry for a very long time. We practiced law together in adjacent counties. He has been a state court judge and a Federal judge for over 18 years. He was appointed to the Federal bench by President Bush. Representative Clyburn will be coming over from the House in a bit to attest to the fact that Republicans and Democrats, independents, libertarians, vegetarians, we all have a common view of Judge Floyd and we believe he has got the best temperament of anybody in South Carolina. And that is saying a lot, because we have pretty patient people down there. He has a tremendous background of being a trial judge. He has been a litigator. He served in the State House. He has got a terrific background, I think, to administer justice at the Federal level. He was rated well qualified by the ABA. And I am just proud to see this day come. It has been a long time in the making, and I know, Henry, you will do a great job for the Fourth Circuit and the people of this part of the United States, and I look forward to getting you confirmed. And it is an odd situation where I am nominating someone and putting holds on all the judges at the same time. Nothing personal to these judges. We have got a problem in Charleston that I will share with you later, and I am going to leave here to talk about a situation with our port. But I hope, Mr. Chairman and to my colleagues, that this will end quickly. This is a huge deal for the State of South Carolina in terms of our economic future. And all of these judges reflect the best in America when it comes to the law, and Henry Floyd is a judge's judge, a person every lawyer who has been before has nothing but praise. And I know you will administer justice fairly at the Circuit Court level, and I very much appreciate President Obama nominating you. This is something he did not have to do, but he chose to do. And when it comes to Representative Clyburn coming over from the House, it speaks volumes about you, Henry, as a person. So thank you very much. Senator Franken. Thank you, Senator, and thanks for your patience, and I know you have to go. And we will hope that Representative Clyburn does make it. But in the meantime, we will go to Senators Udall and Bennet to introduce Judge Jackson. First, Senator Udall. PRESENTATION OF RICHARD B. JACKSON, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE DISTRICT OF COLORADO, PRESENTED BY HON. MARK UDALL, A U.S. SENATOR FROM THE STATE OF COLORADO Senator Udall. Thank you, Mr. Chairman, Senator Grassley, Senator Durbin. It is a treat to be here today to introduce a nominee for the Federal District Court bench in the District of Colorado, Judge Brooke Jackson. As you mentioned, I am joined here by my colleague, Senator Bennet. My firm belief is that Judge Jackson is exceptionally well qualified to fill this judicial vacancy, and I would urge his confirmation. The President, as was mentioned, nominated Judge Jackson to fill a vacant seat on the Federal district court of Colorado, where a judicial emergency, Senator Grassley pointed this out, has existed for several years due to a very heavy caseload. Based on Judge Jackson's track record of judicial service in Colorado, I have no doubt that he will serve with distinction. Quite simply, he has the right judicial temperament, the depth of experience, and a firm insistence on adjudicating all cases in an impartial manner, consistent with the law, qualities that I know we all look for in a Federal judge. Judge Jackson is originally from Montana. He excelled academically and he graduated magma cum laude from Dartmouth College and received his law degree cum laude from Harvard Law School. When he graduated, he heard the siren call of the west, Mr. Chairman, and he had the good sense and good fortune to turn his western roots to practice law in Colorado. He is currently a judge in the first judicial district of Colorado, where he has served for nearly 13 years. He has served as the chief judge for the last 8. During his time on the bench, Judge Jackson has presided over hundreds of trials and sentenced nearly 5,000 criminal defendants. Prior to his service on the bench, Judge Jackson spent 26 years with the Denver-based law firm of Holland & Hart. During his time in private practice, Judge Jackson juggled a very busy schedule to also serve as a part-time pro bono town prosecutor on Bow Mar, Colorado. Mr. Chairman, Senator Bennet and I enlisted a bipartisan judicial selection advisory panel to help us make recommendations to the President for court vacancies in Colorado. Former Colorado Supreme Court Justice Rebecca Kourlis, a Republican, co-chaired the advisory committee, with Hal Haddon, a prominent Denver lawyer and Democrat. When the process began, we had two vacancies on the district court and our advisory panel worked tirelessly to interview and put forward the most qualified candidates. It was clear then and it is even clearer now that Judge Jackson deserves the President's nomination. I was not surprised when I learned that the American Bar Association unanimously rated Judge Jackson as well qualified, which is their highest rating, to serve as a Federal district judge. Since Judge Jackson has been nominated, there has been an outpouring of support from across the legal community and even across party lines. He enjoys broad support from respected Republicans, such as former U.S. Senate candidate Pete Coors, Colorado Attorney General John Suthers, Scott Storey, the district attorney of his own judicial district, and many others. He also has the support of many members of my party, including former Governor Bill Ritter, current U.S. Attorney John Walsh, and Congressman Ed Perlmutter of the seventh district, where Judge Jackson serves. Mr. Chairman, even district attorneys, police chiefs, sheriffs from across his district have come out in support of his nomination, and, Mr. Chairman, I would like to submit all the letters we have received thus far for the record. Senator Franken. Absolutely, without objection. [The letters appear as a submission for the record.] Senator Udall. It is over 40 letters of the people I mentioned and many others. The nomination of Judge Jackson is one of those rare, at least I think very notable times when Democrats and Republicans are all speaking with one voice in support of Judge Jackson. I want to thank you, Mr. Chairman, and members of the Committee for affording me time this afternoon to introduce Judge Jackson to all of you. Thank you. Senator Franken. Thank you, Senator Udall. And I will go to my colleague, Senator Bennet. PRESENTATION OF RICHARD B. JACKSON, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE DISTRICT OF COLORADO, PRESENTED BY HON. MICHAEL F. BENNET, A U.S. SENATOR FROM THE STATE OF COLORADO Senator Bennet. Thank you, Mr. Chairman. By the way, it takes longer in some of our other committees to get to where you are. So congratulations. Senator Franken. Well deserved. [Laughter.] Senator Bennet. That is what I believe. You certainly look the part. And Senator Udall is right, we speak with one voice today. Senator Durbin looks a little unsure. [Laughter.] Senator Bennet. I want to thank you and the members of the Committee for holding this hearing on Judge Brooke Jackson to serve on our United States District Court for the District of Colorado. I would also like to welcome the Jackson family here today. I am proud to be here today with Mark Udall to introduce Judge Jackson. His nomination, as Senator Udall said, is the product of a thorough review by a bipartisan judicial nomination commission in our state. I support Judge Jackson's nomination and the work of our confirmation and urge confirmation of this impressively experienced candidate to the Federal bench. Judge Jackson is a seasoned jurist. He has extensive knowledge of a wide variety of types of cases important to the people of the State of Colorado. His mean years overseeing thousands of cases in Colorado's courts have prepared him now to serve our Nation on the Federal bench. Since his appointment to the state district court bench in 1998, he has dutifully served Colorado. Because of his judicial temperament and skill on the bench, Judge Jackson was elevated to chief judge of the first judicial district in 2003. As chief judge, he is not only responsible for managing the entire judicial team made up of 13 district court judges, eight county court judges, eight magistrates, and a staff of 300, Judge Jackson manages a caseload of 200 felonies, 200 civil cases, and 50 domestic cases. He has had some of the toughest cases come before him and, by all accounts, from Republicans, such as our current Colorado Attorney General, John Suthers, to Democrats, like our former Governor, Bill Ritter, Judge Jackson has broad support. I know Senator Udall plans to ask the committee, or he already did, to add a number of letters of support from prominent law enforcement officials and others in our state. These letters run the gamut, I assure you, Mr. Chairman, across Colorado's legal and law enforcement community. Prior to his appointment to the state bench, Judge Jackson worked in private practice for 26 years as a civil litigator. He has also served as a prosecutor. His breadth of public and private sector legal experience sets him apart. That is why Senator Udall observed the American Bar Association rates him unanimously well qualified. It is also why the leaders in our state, from Pete Coors to John Walsh, have joined in support of Judge Jackson's nomination. Given the case backlogs in our judicial system, it is especially important that we bring on someone with Judge Jackson's breadth of experience to help make sure all Coloradans have access to our courts. The Federal court system needs to fill this vacancy as soon as practicable. I am more than happy to provide the Committee with any further materials or insight you may need as you process Judge Jackson's nomination. I would like to thank, again, the Committee for holding this hearing today and join the array of Colorado voices urging Judge Jackson's confirmation. Thank you, Mr. Chairman, and I thank my other colleagues here for their forbearance. Senator Franken. Thank you, gentlemen. Before we turn to the distinguished Senator from Massachusetts, without objection, I will add to the record an enthusiastic statement of support from his colleague, Senator Kerry, for the nomination of Lisa Monaco. And he writes the following: ``From her time as a Federal criminal prosecutor, where she took on Enron, to her work in the FBI director's office and the difficult and decisive days following the 9/11 attacks, Lisa has doggedly pursued justice and dedicated herself to strengthening the safety and security of our Nation. I am confident that Lisa will do a superb job in protecting our country.'' And without objection, I will include the entire letter in the record. [The prepared statement of Senator Kerry appears as a submission for the record.] Senator Franken. We turn now to my distinguished colleague from Massachusetts, Senator Brown, to introduce Ms. Monaco. PRESENTATION OF LISA O. MONACO, NOMINEE TO BE ASSISTANT ATTORNEY GENERAL, NATIONAL SECURITY DIVISION, U.S. DEPARTMENT OF JUSTICE BY HON. SCOTT P. BROWN, A U.S. SENATOR FROM THE STATE OF MASSACHUSETTS Senator Brown of Massachusetts. Thank you, Mr. Chairman and Ranking Member and members of the committee. I just want to say thank you for allowing me to speak and, obviously, to appear here today to introduce Lisa Monaco, a nominee to be Assistant Attorney General for the National Security Division. And I offer my congratulations, as I have to her and her family. She has been a dedicated public servant for many years, and it is my honor to introduce her at this hearing. I had the pleasure of speaking with Ms. Monaco yesterday in my office at length and very much enjoyed our conversation, and I found that she conveyed strong self-confidence and a seriousness of purpose. She has deep roots in Massachusetts, having been born in Massachusetts and raised in Newton, and attended Newton public schools before enrolling at Harvard. Her parents still live in Newton. Her twin brother and his family live in Belmont. Her eldest brother lives in Boston. And I'm sure--I know that the family is very proud of her today. When I met with her yesterday, we had a frank conversation about the important role that the National Security Division plays in keeping our Nation safe and secure, and I believe she understands the incredible importance of the office for which she is being nominated. Former Attorney General Michael Mukasey wrote to this Committee about her experience and stated that, ``has both sound judgment and a keen understanding national security law''. I am pleased to learn that her background reflects an understanding of the national security threats that we face, as well as the operation of the Justice Department. Currently, she is the principal associate deputy attorney general and is a member of the senior management team for the deputy attorney general and the attorney general. She serves as the deputy attorney general's primary advisor on a broad range of criminal, law enforcement, national security, and civil matters, and assists the deputy attorney general in the overall management and oversight of the operations of the Justice Department. From 2006 to 2008, she served as chief of staff to the director of the FBI and she is a former prosecutor who served, as you noted, Mr. Chairman--as Senator Kerry noted--on the Enron task force. She was among a small group of prosecutors drawn from around the country and charged with investigating criminal violations in connection with the collapse of Enron in 2001. She received the attorney general's award for exceptional service, the Department of Justice's highest award, for her work as a prosecutor on that task force. In closing, I look forward to a thorough and fair examination of her record. The critical work of the National Security Division demands no less. So thank you, Mr. Chairman and Ranking Member and Senator Durbin. Senator Franken. Thank you, Senator Brown. Thanks for your patience and arriving so early. We would like to welcome, from the House of Representatives, to speak on behalf of Judge Floyd and speak to the bipartisan support for Judge Floyd, our colleague, Representative Clyburn. Thank you for joining us. PRESENTATION OF HENRY F. FLOYD, NOMINEE TO BE U.S. CIRCUIT JUDGE FOR THE FOURTH CIRCUIT, PRSENTED BY HON. JAMES E. CLYBURN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF SOUTH CAROLINA Representative Clyburn. Thank you very much, Mr. Chairman. Mr. Chairman, Senator Grassley, Senator Durbin, I want to thank you all so much for allowing me to appear here today on behalf of a long-time friend, Judge Floyd. I was thinking, as I was searching this junk on my desk trying to find the remarks that were prepared for me today, what will I say without them. Well, I am without them. So I am going to tell you what I know about Judge Floyd. I first met Judge Floyd when I was running a state agency in South Carolina, an agency to which I was appointed by then Governor John West, an agency that was created to respond to the times within which we lived coming out of the 1960s and the early 1970s. As you might imagine, Mr. Chairman, in those days, things were quite contentious in South Carolina and in the early days of that agency, I was not the first director of it, it got in significant difficulty and the legislature was moving to defund the agency and eliminate it. And I was asked by Governor West to go to that agency and try to see what we could do to turn it around. I started looking for legislators that I could sit down with and could get to understand exactly what it was that we were trying to do in order to continue to move our state forward. In that search, I came upon Henry Floyd, a young legislator from Pickens County, and when I looked into his background, I was able, through those meetings, to forgive him because of his northern roots, having been born in North Carolina. His parents moved to Pickens County when he was a very young boy. He, I noticed, had graduated from Wofford College in Spartanburg, a United Methodist affiliated school, whose board of trustees I was one time a member of. I know that we all talk about judges being prepared, well prepared for their work, and I think that all of you have his background before you and I need not go into that. What may not be shown on that paper that you have is the temperament of Henry Floyd. I can tell you without question that no one has ever been considered for a judgeship, no one has ever served in a judgeship that has demonstrated the kind of judicial temperament that you will find in Judge Henry Floyd. And I am so pleased to be here today to be a part of hopefully elevating him to the Fourth Circuit Court of Appeals. I do believe that he would make not just all South Carolinians, but all Americans proud. So thank you so much for allowing me to be here on his behalf today, and I wish him Godspeed, and each one of you the same throughout your deliberations. Thank you so much. Senator Franken. Thank you, Representative Clyburn, for joining us here in the Senate. And with that, I will introduce Judge Floyd and swear him in. So if, Judge Floyd, you would come forward, after that very eloquent introduction. You can remain standing. [Nominee sworn.] Senator Franken. Thank you. You may be seated. Judge Floyd, as is our tradition, please feel free to introduce any members of your family or friends that are here with you today. STATEMENT OF HON. HENRY F. FLOYD, NOMINEE TO BE UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT Judge Floyd. Thank you, Mr. Chairman. I have with me my wife, Dr. Libba Floyd; my good friend, Scott Dover; my mother, Margaret Floyd; my daughter, Betts Copenhaver, who is the mother of our two grandchildren; and, then, the president-elect of the South Carolina Bar, Marvin Quattlebaum, appeared here today. I didn't know he was coming, but he's in the audience today, as well. Senator Franken. Welcome to all of you and congratulations to all of you. Judge Floyd, you are in the unique position of having served as both a judge and as an elected official in the South Carolina State Legislature, a special position--I am sure someone else has done that before. Should you be confirmed, how do you think that your time serving in the legislature will help you interpret the laws that we write? Judge Floyd. Thank you, Mr. Chairman, for that question, and Senator Grassley. I was elected to the legislature when I was in law school. And so I got to spend a lot of time working with the Judiciary Committee, which, at that time, drafted most of the legislation that was considered by the House, except for budget. And so I got a real good lesson in how to put statutes together, how to interpret them, what the pitfalls could be. So I think my legislative experience would greatly assist me in the area of statutory construction and interpretation. Senator Franken. You currently are a district court judge. How do you think your job will change if you are confirmed for a position in the court of appeals? Judge Floyd. Well, I think--Senator, thank you for that question. I think that we still do a lot of writing and research at the district court level, particularly on the civil side. So it's nothing new to me in that regard. I would tell you that I've also set a designation at the Courth Circuit some 50 to 60 times. So I'm familiar with the process and how it works, and I think the transition would be very easy for me. Senator Franken. You were at the center of some very important national security cases a few years ago; for instance, the Padilla and Almawri cases. Can you ell us about those cases and your role in them? Judge Floyd. Thank you, Senator. The Padilla case came to me by way of a Supreme Court opinion that said that the case had to be tried in the district of South Carolina. And so he was in-house at the brig in South Carolina. So I got the case and the issue was whether or not the President had the right to detain an American citizen who was arrested on American soil. I ruled that he did not have that authority. And then the Fourth Circuit unanimously reversed me on that case. And then a few days before the cert briefs were due in the Supreme Court, the government changed its mind and decided to charge Jose Padilla as a citizen and they tried him in Florida. The Almawri case is a little different set of facts. He likewise was in the brig at Charleston. He came into the country the night before 9/11. The evidence in the case led me to conclude that under those facts and circumstances, that the President had a right to detain Almawri because there was a sudden--there was somewhat of a sudden emergency had he gone on about what he had plotted to do. That went up on appeal and, again, I got reversed by the Fourth Circuit. Again, just days before the Supreme Court was to see the briefs on the court, again, the government changed its mind and charged him as a citizen and--civilian--and tried him, I think, in Illinois, Senator Durbin. The order in that case, my order, is still a valid order in that the Supreme Court has vacated the Fourth Circuit's opinion. So the right of detention is still there. Senator Franken. So the Supreme Court never ruled on the issues in that case then. Judge Floyd. They never got to it, initially on jurisdictional grounds. Senator Franken. I understand that you were one of the first judges in the country to address the admissibility of-- and I hope I pronounce this right--mitochondrial? Judge Floyd. Mitochondrial DNA, Senator? Senator Franken. Yes. Judge Floyd. Yes, sir. Senator Franken. Yes. DNA is the pronunciation I knew I could get right. And you ruled that such evidence was admissible, which the South Carolina Supreme Court affirmed. I have worked hard here in the Senate to make sure that DNA evidence is collected and tested in a timely way so that justice can be served for victims of crime. Can you tell me a little bit about your experiences with DNA evidence in your courtroom? Judge Floyd. Thank you, Senator, for that question. Specifically on mitochondrial or DNA in general? In general? Senator Franken. In general. Judge Floyd. All right. Well mitochondrial DNA is derived from the mother of the person. It can be a very, very, very small sample. In this case, it was a murder case, with the death penalty pending. The FBI came in and testified. It was only the second time in the United States that mitochondrial DNA evidence was admitted, and we went through a long process, something akin to the Daubert analysis in Federal court. But ultimately, it was admitted. DNA evidence is quite frequently used, particularly in the state court, because there are so many criminal cases tried there. I have had--I have not had a bad experience with it and we've been--and we've had a good chain of custody and all that kind of stuff. So it's a very valuable tool for both sides. Senator Franken. Thank you, Judge. And I would turn to the Ranking Member. Senator Grassley. I do not know whether I need to ask you any questions. If you have got the two Senators from South Carolina on your side, you have got a couple tough cookies backing you. But let me do my job, because we want to make sure that people that interpret the law as opposed to make the law get on our courts. And I was going to ask you about Padilla, so I will not go into that anymore. But you were a state court judge for 11 years, having been a District Court Judge now for 7 years, presided over hundreds of cases and even sat as designation on the Fourth Circuit. I am going to use, for my first question, Professor Liu, who was before our Committee a couple--well, maybe a month ago now for a hearing, and his nomination is on the Senate floor. But as a professor, he wrote at the moment of decision should determine whether a society's, ``collective values on a given issue,'' have converged to a degree that they could be persuasively crystallized and absorbed into legal doctrine. What I am asking is for you to answer, is it appropriate for a judge to consider, ``our collective values on a given issue,'' when interpreting the Constitution, a Federal statute, or deciding case or controversy? Judge Floyd. Thank you for the question, Senator Grassley. I am not familiar with the nominee or any of his writings, and I really don't know what content that particular quotation came from. So I'm really not in a position to evaluate that. Senator Grassley. All right. If confirmed as a Circuit Judge, what weight would you give to public values and social understandings in deciding cases, analyzing Federal statutes, or interpreting the Constitution? Judge Floyd. Thank you, sir, for that question. My position has always been, as a trial judge, both at the state and Federal level, is that, as simple as it sounds, I try to determine what the facts are and do that fairly and impartially and to those facts, I apply the law, as I understand it to be. There is a lot of precedent out there and I understand that and do follow precedent, when it exists. So that may seem a little narrow, but that's the way that I do things. Senator Grassley. Do you think the Constitution should be interpreted in ways that adapt its principles and its text to the challenges and conditions of our society? And if you thought so, how would you go about accomplishing that? Judge Floyd. Thank you again for that question. I don't believe that I would go about interpreting in that way, but I understand your question. Senator Grassley. I think you have answered my question. I would like you to think about the most difficult case you have had to decide as a Federal judge. In deciding that case, did you resort to things that you might call your own personal values, your core concerns, broader perspectives of how the world might work or the depth and breadth of your empathy? And those are words that might sound familiar to you, because they come from the empathy standard discussed by President Obama on several occasions. Judge Floyd. So you want me to talk about the concept of empathy. Senator Grassley. Well, how you would use that, whether you look at cases that way. Judge Floyd. No. Again, the way I answered your other question, you look at the facts, you determine them fairly and impartially, and you apply the law, and that's essentially what I do. Senator Grassley. Thank you very much. Senator Franken. Senator Durbin. Senator Durbin. Thank you very much, Judge Floyd, for being here. And like my colleagues, I am impressed by the fact that you had the support of both Republican Senators and my close friend, Congressman Clyburn, speaks well of your background and balance and reputation as a jurist. You have been involved in a number of things which have been questioned here. There is one I would like to ask about. We had a former colleague from the Commonwealth of Pennsylvania, Arlen Specter, and his last request of us as he left this Judiciary Committee, which he once chaired, was that we take up that issue which he addressed with great passion of televising court proceedings. And it turns out that in your background, you were a state court judge and presided over the case of State v. Beckham, a prominent murder case that resulted in a life sentence for the defendant. The entire 3-week trial was televised live in Court TV. So, Judge Floyd, what is your view on televising court proceedings and whether they would be appropriate in Federal court? Judge Floyd. Well, let me answer this way, from the state court experience. The Supreme Court gave us discretion to have proceedings televised. I personally, as a state court judge, did not have any problems with Court TV, for example, being in the courtroom. Everything went smoothly. And as you've noted, it was a 3- week trial. It wasn't the only trial where I had TV or cameras in. But it didn't bother me in state court. But to answer your question, at the Federal level, that's really not my call. I think that's up to the Supreme Court or perhaps Congress. Senator Durbin. What was your observation on its impact on witnesses or even the conduct of counsel? Judge Floyd. Senator, with me personally, I run a pretty tight courtroom and I have not had problems. But I am aware that other judges have had problems with counsel playing for the cameras. Lots of times, the public can be misled by a snippet on the news and get the wrong idea about what's going on in the case. So that's one of the pitfalls of having cameras in the courtroom. But, again, I had a good experience. I never got burned by it. Senator Durbin. Thanks very much, Judge Floyd. Thank you, Mr. Chairman. Senator Franken. Thank you. And thank you, Judge Floyd. Thank you for your testimony. [The biographical information of Henry F. Floyd follows.]
Judge Floyd. Thank you. May I be excused? Senator Franken. Yes. [Laughter.] Senator Franken. I would now like to proceed to the second panel with Ms. Monaco. [Nominee sworn.] Senator Franken. Thank you. Please be seated. And I understand you have an opening statement, and you should also feel free to introduce any members of your family that are with you today. STATEMENT OF LISA O. MONACO, NOMINEE TO BE ASSISTANT ATTORNEY GENERAL, NATIONAL SECURITY DIVISION, U.S. DEPARTMENT OF JUSTICE Ms. Monaco. Thank you very much, Chairman Franken and Ranking Member Grassley. I would like to introduce the members of my family who are here today. With me today are my parents, Dr. Anthony Monaco, and my mother, Mary Lou Monaco, who traveled here from my hometown of Newton, Massachusetts, as Senator Brown referenced, and I am very pleased that they are here today. Senator Franken. Welcome. Ms. Monaco. With them is my middle brother, Mark, and his wife, Jennifer Monaco. They traveled here from New York City, and I am very pleased they are here. My niece and nephew, Sophia and Nicholas Monaco, would have very much liked to have skipped school. However, my brother and sister-in-law I think made a wise decision. Back home in Massachusetts, I have a twin brother and his wife, Lisa, and my nieces Jessica and Julia, and my brother, Peter, and his wife, Sara, and I suspect they're all watching on the Webcast. So I appreciate their---- Senator Franken. Welcome to them, in that case. Ms. Monaco [continuing]. Appreciate their support. I have a number of friends and colleagues here from the department, and, also, colleagues from the National Security Division. I'm particularly honored that they're here to support me today, and a number of friends, as well. So I appreciate their support. Chairman Franken, if I could request that my full statement be entered into the record. Senator Franken. It will be. Ms. Monaco. And I have just a few brief opening remarks, if I could. Senator Franken. Sure, go ahead. Ms. Monaco. Chairman, I want to thank Senator Brown for his very kind introduction earlier this afternoon. I also want to thank the President for his confidence in nominating me, the Attorney General for his support, and the members of this Committee for considering my nomination. I'm here today as someone who has been extremely fortunate in my life and in my work. I would not be here today if not for the support of my parents. They have enabled me to enjoy many blessings, including pursuing work I am committed to in a department that I love. They have taught my brothers and I about hard work, integrity, and about living one's values. And because of these lessons, I'm very fortunate to be here today, tremendously honored to do so. I spent nearly 13 years, Senator, in the Justice Department. In that time, the world has changed. The events of September 11 altered forever the way the department and the FBI operate, and I have been part of that transformation and learned that our Nation faces complex and evolving national security threats; and, to combat those threats, we must be aggressive, we must be agile in our approach, and we must act consistent with the rule of law. Every morning for several years now, I have reviewed intelligence and threat streams together with talented agents, analysts and prosecutors. I have been privileged to work with Director Mueller to help advance the bureau's transformation from a law enforcement agency that investigates crime after the fact to a national security organization focused on preventing the next attack. The same principles guided Congress in creating the position for which I have been nominated, and Congress had the wisdom to remove barriers, legal and structural, to allow committed professionals to share their information, their talent, and their missions. The National Security Division is the embodiment of that vision, where intelligence lawyers come together with agents and prosecutors to combat terrorist plots, as well as spies and cyber criminals bent on stealing our secrets. The mission of the division most fundamentally is to prevent terrorism and to protect the American people. If I am fortunate to be confirmed, I will be proud to serve alongside the outstanding men and women in the National Security Division. I pledge to give my all, to carrying forward the work of those who have gone before me, mindful of the gravity of the duties I will be assuming, and committed to doing so in the best traditions of the Department of Justice. I thank you, Mr. Chairman, and I welcome the committee's questions. [The prepared statement of Ms. Monaco appears as a submission for the record.] Senator Franken. Thank you. And, Senator Grassley, I know you have a time constraint. So if you would like to start the questioning. Senator Grassley. I appreciate that. And for the benefit of the other nominees, I have the Sioux City Chamber of Commerce in town and I have them as an appointment in just a little while. It has been argued that because there is not an enemy state against which such a war on terror can be waged, the very notion of, ``war on terror'' is, at best, a public relations expression. Do you agree with that sentiment or do you believe that the United States is, in fact, engaged in actual war against terrorism? Ms. Monaco. Senator, thank you very much for that question. I think I would respond this way. I believe we are at war and I believe we are at war against a determined enemy and a very adaptable enemy, and that's been my experience in the time that I've served in the FBI and in the department. And we need to make sure that we are able to meet the threats that come at us in that war and to be flexible as we do so. Senator Grassley. Another question. Recently, our Attorney General announced a reversal in policy that although it was his opinion that the best venue for prosecution of terrorists was in Federal court, he made a decision to try terrorists in military court. He noted that he made his decision only because Congress forced him to do so. Do you agree with the Attorney General's decision to try terrorists in military tribunal? Ms. Monaco. Yes, Senator. My perspective on that is that we need to hold the 9/11 attackers accountable and we need to move forward in doing so in the military commissions. With the good work of this body and the leadership of Senator Graham and others in this Committee and elsewhere in the Congress, the military commissions were reformed and, I think, provide a legitimate fora to have a fair, thorough and just proceeding. Senator Grassley. A follow-up to that is whether or not you agree with the Attorney General's opinion that the best venue for prosecution is in Federal court and that Congress forced him to do otherwise. Ms. Monaco. Senator, I think that Congress has an appropriate role when issues engage national security and security concerns. As a prosecutor, though, I also think that prosecution decisions are appropriately made by those with the facts and the law in front of them and are appropriately made by prosecutors in the executive branch. Senator Grassley. The 9/11 Commission found a wall was in place prior to 9/11 between counterintelligence community and the law enforcement community. Legal and institutional reforms have taken down that wall. But I am concerned about efforts to rebuild that wall or weaken those reforms. Do you think a wall previously existed and, if so, does it still exist? Ms. Monaco. Senator, thank you very much for that question. I think that issue is one that we have to be ever vigilant on, and, that is, re-erecting any wall, structural, legal or perceived. As my opening comments, I think, indicated, we are best equipped to wage a fight against terrorism when we're bringing all tools to the table, sharing intelligence in law enforcement. The reforms that this body enacted after 9/11 and the creation of the National Security Division has enabled us to do that and I think we need to make sure that that stays the case. Senator Grassley. The Gorelick memo which established that wall was issued in 1995. Although you did not join the Department until 1998, were you involved in any subsequent review, revision or implementation of that memo? Ms. Monaco. I don't believe so, Senator. I was---- Senator Grassley. Well, let us leave it that way. But if you do think, as an afterthought to my question, submit something in writing to me. Ms. Monaco. Absolutely, be happy to do that, Senator. Senator Grassley. Because if there is any relationship you had with that, I would like to know that. Ms. Monaco. Certainly. Senator Grassley. Do you support the permanent extension of the PATRIOT Act provisions, which are soon to expire, the Lone Wolf provision, the roving wiretap provision, and the business records provision? Ms. Monaco. Senator, I noted in your opening comments your focus on the PATRIOT Act and the need to reauthorize those provisions, and I want to thank you for your focus on that issue. The reforms from the PATRIOT Act and those expiring provisions, in particular, are absolutely critical tools that the National Security Division uses every day to make sure that national security investigators are able to stay on the same plane and in the level playing field with criminal investigators in the tools that they use. I think we need to have those provisions reauthorized for a substantial period of time in order to give stability and clarity to our agents in the field who need those tools quite essentially. Senator Grassley. I may submit some questions for answer in writing, but you have got through the most important issues that I wanted to discuss with you. Thank you, Mr. Chairman, for your courtesy. Senator Franken. You are very welcome. And say hi to the Sioux City Chamber of Commerce. You know what? I will turn it over to Senator Durbin, since we are going a little out of order. Senator Durbin. Thank you very much. Ms. Monaco, thank you for joining us. And I certainly am impressed with your background and work as chief of staff at the FBI with Director Mueller, who is wrapping up his 10-year service as director of the Federal Bureau of Investigation. I think he came right after 9/11 and he faced some extraordinary challenges, which I would like you to comment on. The one that struck me among so many other things that came out during the investigation of 9/11 was the status of the information systems at the Federal Bureau of Investigation on the day of that attack. As hard as it was to believe, the computers in the Federal Bureau of Investigation on 9/11 did not have access to the Internet, did not have word check, and were incapable of transmitting photographs. Most of what I have just described was common technology available on the open market. But the FBI was that antiquated and that far behind that they sent out photos of the suspected terrorists by overnight mail, because they could not send them by computer. Director Mueller tackled that issue and I think, by his own admission, he had some success and some failure in trying to put an up-to-date, modern computer system into the Federal Bureau of Investigation. Now, as I understand your job that you are responding to here in the National Security Division, it is to try to break down some of the barriers between agencies so that there is at least one place or many places where we share information and can follow up on it, as you say, to prevent an attack, not to react after that. What do you think, from your experience, is the current state of the communications technology at the FBI and in the Department of Justice when it comes to sharing that information? Ms. Monaco. Thank you, Senator Durbin. You've hit upon a critical issue in the ability of the department, the FBI, and, of course, the government as a whole to make sure that we are, for lack of a better phrase, able to connect the dots and share information and to come back and identify terrorist attacks before they occur. From my perspective, as having served at the FBI, thankfully, by the time I got there, I had a connection to the Internet and, in fact, the bureau was operating at what they call there enclaves. In other words, each individual and certainly the leadership focused on terrorism issues had at his or her desktop access to an unclassified network and the Internet, a secret level network, and a top secret level network. So I think that was a dramatic improvement from the state of things prior to 9/11, and I think the country has Director Mueller to thank for focusing just relentlessly on that issue, as you note, and from your focus on the issue. And I know you focused on the development of the Sentinel program over a number of years. Because of that focus, he was able to move things. I would say that we are not where we need to be and the proliferation of data bases and the need to share travel information with immigration information, with criminal information, is a continuing challenge because of the legal rules that are applied to those different sets, and the privacy protections that we have to be very mindful of with regard to U.S. person information. But I think it is something we have to be constantly focused on and to build on the progress that has been made. Senator Durbin. The last question I have relates to the other side of that equation. Once the technology is there, the question is whether the cultures of the agencies will allow them to share information. As hard as it may be to believe, as the intelligence community looked into 9/11, we found a lot of good information that was not shared because of the belief that it somehow could jeopardize the career of the person sending it or it should stay within the agency, and I hope that we are moving beyond that. Certainly, the position you aspire to is one that was designed to move beyond that. What has been your experience in terms of this culture? Is it still stovepiped, to use that old cliche, or is it getting better? Ms. Monaco. I think it's getting better, to a significant degree. My personal experience is that every morning, as I mentioned in my statement, agents and analysts and prosecutors all sit together to review the same information. That is something that didn't happen before 9/11. That same meeting is occurring everywhere around the government in different agencies, at State Department, at Homeland Security. So you have the same people looking at the same information and that is a critical development. In the National Security Division, you have--and the very purpose of it was to have intelligence lawyers sitting next to criminal prosecutors, those with law enforcement authorities, and working with agents and investigators. That didn't happen before Congress had the wisdom of creating the National Security Division. So now, every day, the people who are looking at the FISAs and the people who are looking at somebody, a terrorism or espionage target, for a potential prosecution are sitting side- by-side. Senator Durbin. Thank you, Ms. Monaco. Thank you, Mr. Chairman. Senator Franken. Thank you, Senator. Ms. Monaco, first of all, let me say that our office has received no shortage of calls from people in the law enforcement community who have been effusive in praising you and your nomination, and your family should be proud of where you are today. Ms. Monaco. Thank you, Mr. Chairman. Senator Franken. I was really impressed with your work on the Enron scandal and I understand that you earned the--I guess Senator Brown said that--you earned the Department of Justice's highest award for your work on the Enron task force. I realize the position you are nominated to would not be involved in Enron-type investigations or prosecutions, but if someone interested in protecting everyday Americans from corporate malfeasance, I want to know what you think lessons learned are from the Enron scandal. Ms. Monaco. Senator, I think from the perspective of individuals who the Enron task force prosecuted, I think the lessons were that individuals created very complicated structures and that there was a very high appetite for risk in that corporation, and that led the leaders of that organization and others to conduct a number of transactions that created a fictional picture, if you will, of what the actual corporation was doing. And I think with the reforms that Congress enacted after that, Sarbanes-Oxley and the like, we have a much better regime in place to prevent that. But I don't think we're done. From an investigative standpoint, it's actually somewhat similar to the position I'm going to now, which is, if I am confirmed, the focus by investigators on pieces of information and connecting it and taking a complex situation and simplifying it down to its essence was the point of the prosecution of Enron, and I think some parallels can be made in the national security realm. Senator Franken. Well, thank you, Ms. Monaco. We will now proceed to the third and final panel of this afternoon's hearing. You are excused. Thank you very much. Ms. Monaco. Thank you, Mr. Chairman. Senator Franken. Would the third panel come forward and stand and raise your right hands? Now, I would like you, please, to swear the oath. [Nominees sworn.] Senator Franken. Please be seated. And I invite you, each of you, starting with Judge Ramos, to introduce members of your family and friends who are here today. [The biographical information of Lisa O. Monaco follows.]
STATEMENT OF HON. NELVA G. RAMOS, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS Judge Ramos. Thank you, Senator Franken, for the opportunity to be here. With me today is my husband, Oscar Ramos. Senator Franken. Hello. Judge Ramos. Our son, Christian. Senator Franken. Welcome, Christian. Judge Ramos. My sister, Norma Stachura. Senator Franken. How do you do? Judge Ramos. Our friends, Caroline Bertuzzi, the honorable Rose Vela and her husband, Fil Vela. And I thank them for being here today. If I could thank Senator Hutchison and Senator Cornyn for their kind introduction, and I'd like to thank them, as well as former Congressman Solomon Ortiz, for their support through this process. And I thank the President for his nomination. If I could briefly acknowledge my brothers and sisters and other family and friends who are watching through the Webcast. I thank them for their support. And acknowledge my mother-in- law, Alicia Ramos, for her support. And, finally, acknowledge my parents, Felipe and Isabel Gonzales. It is because of them that I am living the American dream. I thank my mother for her tremendous support through the years. My father is no longer with us. I know he is here in spirit and is looking down on these proceedings from above. Thank you, Senator Franken, and I welcome your questions. Senator Franken. Thank you, and hello to everyone watching on the Webcast. Judge Jackson. [The biographical information of Nelva G. Ramos follows.]
STATEMENT OF HON. RICHARD B. JACKSON, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF COLORADO Judge Jackson. Thank you, Senator. And I do want to thank Senator Durbin, yourself, sir, Senator Leahy, Senator Grassley and the Committee for granting me this hearing. I certainly want to thank the President for nominating me. And I especially want to thank Senators Udall and Bennet for their very generous introductions. And if I might, sir, introduce my family to you. Senator Franken. Please. Judge Jackson. My wife of 39 years, Liz Jackson. Senator Franken. Welcome. Judge Jackson. Here on the front row. My son, who is a lawyer and living in California, Brett Jackson. Senator Franken. Welcome. Judge Jackson. My daughter, Jenny, who lives in New York City and came down to support me. Senator Franken. How do you do? Judge Jackson. Two of my family couldn't be here, Senator, our other son, Jeff, our older son couldn't travel for medical reasons, and, also, his wife is expecting a child in a month and a half and she couldn't come either. But they and their two sons, our grandchildren, I'm sure are here on the Webcast. And my brother, my brother is a lawyer in Montana. He actually worked here in the Senate for several years and I know he wanted to come back and be back in his community, but he is both a lawyer and a part-time judge and couldn't schedule it on short notice, but I think he'll be watching today, too. Thank you, sir. Senator Franken. Well, thank you and welcome to all those watching, and good luck on the birth. Judge Jackson. Thank you. Senator Franken. On the birth coming soon. Ms. Darrow. [The biographical information of Richard B. Jackson follows.]
STATEMENT OF SARA L. DARROW, TO BE UNITED STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF ILLINOIS Ms. Darrow. Thank you, Senator Franklin--Franken--I'm sorry. Not a good start. Senator Franken. I am going to vote against you. [Laughter.] Ms. Darrow. I would like to very graciously thank you for chairing this hearing. Senator Franken. OK, then I will. [Laughter.] Ms. Darrow. And, of course, I'd also like to thank President Obama for the honor of his nomination. And I would like to especially thank Senator Durbin for the privilege and the honor and the confidence that you show in me in nominating me for this position, and specifically for the opportunity to continue to serve my country in the capacity as a district court judge. If I may introduce my family. Senator Franken. You bet. Ms. Darrow. I have with me my husband, Clarence Darrow; and, our children, Connor, who is 14; Lilia, who is age 13; Augie, who is age 12; Anna Grace, who is 10; Ella, who is 8; and Danny, who is 5 years old. Senator Franken. Wow. Hi. That is great. Ms. Darrow. Thank you. Senator Franken. Welcome, all of you. Ms. Darrow. I'd also like to introduce my brother, Mike Frizzell who is here, and his wife, Katie Getsal (ph). They live here in DC, but I'm happy that they made the trip here to support me today. Senator Franken. Great. Welcome. Ms. Darrow. And I'd also like to acknowledge some other family members who couldn't be here, but are watching the Webcast. My mother, Cheryl Frizzell, who is watching from Nebraska; my father and step-mother, Ron Frizzell and Susan Frizzell, who are watching from Michigan; and my in-laws, Clarence and Lily Darrow and the extended Darrow family, who are watching from Illinois. And I'd also like to give a special thanks to my colleagues and friends at the U.S. attorney's office in both the central district of Illinois and also the law enforcement community there, and to all my friends who are watching the Webcast here today. Thank you very much. Senator Franken. You are very welcome, and welcome to all your friends and family watching over the Web. Ms. Darrow, let me start with you. As an assistant United States attorney, you specialize in prosecuting gang-related and organized crime. These can sometimes be difficult cases to build. Can you talk about how the challenges you face prosecuting gang and organized crime cases have prepared you for the bench? Ms. Darrow. Thank you for the question, Senator. Certainly, when you're dealing with violent crime cases that entail enterprises such as street gangs and, also, drug trafficking organizations that can reach into international borders, they deal with several facts and complex legal issues and, also, logistical issues dealing with witnesses, some who are not always cooperative. I think that my ability to not only handle high volumes of evidence and to organize it in a digestible manner, specifically for myself, the agents, and also, eventually, the jury or the judge, and, also, my ability to partner with law enforcement and make sure that we work together as a team to see that justice is served, I think that all of those traits are easily transferable to the bench and I would definitely employ those in presiding, if I am lucky enough to be confirmed as a District Judge. Senator Franken. Thank you. [The biographical information of Sara L. Darrow follows.]
Judge Ramos, over the last 10 years, you have presided over 1,200 criminal, civil, and family law cases that went to verdict or judgment, and yet only eight of those cases have been reversed. That is less than 1 percent of the cases that you have presided over. It is a pretty impressive rate. How has your work in the 347th district court for Nueces County prepared you to serve as a District Judge for the southern district of Texas? Judge Ramos. Thank you, Senator. As you said, for the last 10 years, I've had the privilege of serving as a district court judge in a court of general jurisdiction. So I've presided over both criminal and civil cases, and I think that judicial experience will benefit me greatly, if I am confirmed, as a district court judge. Thank you. Senator Franken. Thank you. Judge Jackson, a little over 10 years ago, you presided over a sexual assault case involving a 28-year-old man named Charles Brooks, who sexually assaulted a 12-year-old victim. I understand he entered what is called an Alford plea, where he accepted the charge, but asserted innocence. You initially sentenced Mr. Brooks to 10 years in prison. Judge Jackson, you subsequently reduced Mr. Brooks' sentence down to a 2-year jail term plus 10 years probation. When the Rocky Mountain News ran a story criticizing your decision, you wrote a letter to the editor defending it. You said that the victim was not raped, although there was, quote, ``inappropriate behavior and touching.'' This is very unusual for a judge to write such a letter. My understanding, Judge Jackson, is that a lot of people were very concerned about how you handled the case, and, to be honest, I am concerned about it, too. Can you tell us about the case and why you made the decision that you did? Judge Jackson. Yes, I can and I thank you for the opportunity to do that. Senator, as you might expect, sex offense cases are among the most difficult that we have and certainly the most victim- sensitive. And this case happened to be, I think, the first case of that kind that I had had as a judge, but I did sentence Charles Brooks to 10 years in prison because I thought that was exactly what he deserved. Something happened in that case that is unique to all the sex offenses cases I have had, and I think I have had 300 or 400 probably in my career by now. Brooks was in prison, but Brooks only communicates through sign interpreters. He is hearing impaired and needs an interpreter to communicate. In addition to that, he has mental health issues. But the main thing was the speech difficulty, hearing difficulty, and I was told that he was not getting any offense-specific treatment, any sex offense treatment in prison; not a knock on the prison, but just a combination of resources and the lack of interpreters. I was concerned, Senator, about the community safety aspect of that, because 10 years or not, he was going to come out of the prison and be back in the community. And it was extremely important, it was emphasized by our probation department how critical it was that he get treatment. And so I agreed to a proposal that was made to me to bring him back to our local jail, to incarcerate him for the maximum term possible, but to get him the offense-specific treatment with interpretation that everyone thought he needed. I agreed to that on the condition that he successfully complete the treatment program and that if he made it onto probation, that he be absolutely without any type of violation, zero tolerance. In fact, Mr. Brooks did reasonably well, quite well in treatment and he served his jail sentence, but very shortly after he completed the jail sentence, he was dismissed from the treatment program not because he wasn't complying, but because he would not admit his crime. He, as you said, entered an Alford plea and he, from the beginning to the end, denied that he was guilty. And you cannot complete offense-specific treatment in Colorado unless you admit. That was a violation of his probation and I did exactly what I said I would do. I revoked his probation, put him back in prison, and he served out his 10-year sentence. And, Senator, if I can add, I'm proud to say that the district attorney, who was the DA at the time, who brought the case, the deputy district attorney who actually prosecuted the case, the district attorney in our jurisdiction who is there today and his chief deputies, all of those support me for this position, as Senator Udall said, to the Attorney General of the state and the U.S. attorney, and I think they based that on 12 years of how I've handled cases like this. As far as the newspaper, I think that was a poor decision, sir. It was frustrating to me as a new judge to see a case described in the paper that I didn't think was describing the case that I had or the reasons why I did what I did. I think it probably is not a good idea for a judge to write a letter like that. Sometimes you learn these things the hard way. But I will say, for what little it might be worth, that the reporter who wrote the article followed my career on the bench for several years after that and she is one of the letters of support that you have in that volume that Senator Udall presented. It doesn't mean I did the right thing on the letter. I shouldn't have done it. I made a mistake and I learned from it. Senator Franken. Thank you. Judge Jackson. Thank you, Senator. Senator Franken. Thank you, Judge. Senator Durbin. Senator Durbin. Thank you, Chairman Franken. I will get him back on our side, I promise. [Laughter.] Senator Durbin. There is one thing I did not mention when I introduced Ms. Darrow to the Judiciary Committee, and, that is, what a positive impression she made on me when I interviewed her. I certainly knew her father. I know her father-in-law, I have known him for years, a close friend of mine, and I had learned quite a bit about her background as a prosecutor and legal practice. And as you can see from the biographical material, she has had a 14-year legal career. And what you may recall is when she introduced her children, all six of them, but the oldest is 14, how this woman has been able to balance this amazing professional career with this beautiful family is nothing short of a miracle. Senator Franken. Hence, the ``wow.'' [Laughter.] Senator Durbin. And so I was so impressed and still am and I am sure glad that you are here. And I do not have any questions, because if I did, I would not have brought you here. But I am glad that you have had an opportunity to come to this hearing. Ms. Darrow. Thank you, Senator. I would like to ask the other two nominees, if I might, a few questions. Judge Ramos, I am impressed with your career. Judge Ramos. Thank you, Senator. Senator Durbin. It is an extraordinary career. It is primarily oriented toward civil litigation. I think you have said as much in responding to questions. And I think you understand that if this is like most Federal district courts, you are going to have a lot of criminal practice before you. Tell me how you would explain to the members of the Committee that you will be prepared for that seismic shift in your practice. Judge Ramos. Thank you, Senator. When I was in private practice, my practice was a civil practice. But since I've been on the bench for the last 10 years, I'm in a court of general jurisdiction. So it is--I preside over civil and criminal cases and I---- Senator Durbin. What percentage would you say it is? Judge Ramos. I've tried over 100 jury trials in civil cases--felony cases. So I think that experience will carry over. Senator Durbin. Criminal felony. Judge Ramos. Criminal felony, yes, sir. Senator Durbin. I see. Well, that certainly is adequate for that, more than adequate for that. Judge Ramos. Thank you, Senator. Senator Durbin. And I also notice your pride in your own heritage and the opportunities that this country has brought you. You live in a state which the last census indicates has a dramatic upsurge in the Hispanic population, maybe the largest in the nation, I am not sure, but close, if not the largest. And there are always questions of justice related to newcomers to America. Tell me how you would balance that in a courtroom, dealing with the law and the reality of what life is like for newcomers to America. Judge Ramos. Right. Similar to what I think as a judge, you should treat all persons equally regardless of who they are or where they come from, and I have done that for the last 10 years. I do think it's important for a judge to certainly understand where people come from, the situation they find themselves in, and how your rulings may affect their lives. However, sympathy, a judge should not allow sympathy to play any role in a judge's decisions. So I think I have treated everyone who has come before my court with respect and equality for the last 10 years and I would continue to do that. Thank you. Senator Durbin. Judge Jackson, I read the same case that Senator Franken asked about and I am sure, across your judicial career, it is probably one of the more controversial decisions you have ever been engaged in. And I noted your acknowledgment that you may have made a mistake in sending a letter to the newspaper. As hard as it may be to believe, occasionally, Senators make mistakes and I am one of them. Judge Jackson. Well, thank you for that. Senator Durbin. I think what really many of us struggle with who have never had to face your responsibility in trying to decide the appropriate sentence for someone accused of a sex crime is kind of this haunting question about whether rehabilitation is even possible in this situation. We hear so many cases of repeat offenders with sex crimes. Now, you have said that it has been your experience, that you have had several hundred of these offenders before you, and I would just like to ask you if you could comment on that experience and what you can bring to us in terms of our understanding of these criminal defendants. Judge Jackson. Yes. Thank you for that question, Senator. Our law changed in 1998 and now we have what is called a Lifetime Supervision of Sex Offenders Act, and for certain classes of sex offense felonies, we are required to sentence from a minimum to life. But that same law from our legislature says that the presumption is that a sex offender will always be a sex offender, but with treatment, some can be released to the community. We have a sex offense management board, we have parole boards who make decisions on which of these people can be released, and there have been a number now who have been sentenced to life sentences who actually have been released back into the community. It really is a product of do they get treatment, do they respond to the treatment, what is their criminal history. For example, in the case that I had that's been the subject of discussion, this gentleman had not only not had a prior sex offense, but had not any prior felonies or significant offenses at all. Someone like that I think is more treatable perhaps. Can I tell you, sir, that with treatment, someone is no risk anymore? Absolutely I cannot. What I can tell you is that if they get treatment and do well, and, of course, they register as sex offenders and there are a number of other things that apply to them, that when they come back into the community, we're a much safer community than we would have been had they not gone through that treatment. Senator Durbin. Did I understand your testimony that this individual, once brought back for local incarceration and this offender treatment program, when he would not admit his guilt, was re-incarcerated? So he was never released to the public. Judge Jackson. That is correct. He--that is almost correct. He was released on probation from the conclusion of his jail sentence for a period of--I'm trying to remember--I would say 2 or 3 months, but that's when his treatment program was terminated and that's why I put him back in prison to serve out his sentence. Senator Durbin. I see. Ms. Darrow, you made a long trip out here, so I am going to ask you one thing about your background, if I might. And that is, you were involved in a pretty significant prosecution of drug gangs in the Quad Cities area, the Rock Island area there. Could you tell us a little bit about your lead in these gang investigations and prosecutions? Ms. Darrow. Yes. Thank you, Senator. I think you're referring to my prosecution of the Latin Kings street gang. At the time, they were the largest supplier of drugs in the East Molina area, which is one of the main cities in my jurisdiction. And they were--we prosecuted the local leader of the street gang, as well as his underlings, and we went all the way back to the source of supply, which was in Texas. It was a racketeering prosecution, which is a little bit more complex than a straightforward drug prosecution or otherwise violent crime prosecution, and I am happy to say that at the end of that prosecution, local law enforcement agreed that the presence of that street gang at that time had been dismantled. Senator Durbin. I am hoping that testimony will clearly win over Chairman Franken. And I yield. Senator Franken. Thank you, Senator Durblin. [Laughter.] Senator Franken. And thank you, Judge Ramos and Judge Jackson and Ms. Darrow, for your testimony. And you are welcome to stay there. We are about to wrap up here, so hang in. In closing, I want to thank my friend, the Ranking Member, and I want to thank each of you for your testimony today. We will hold the record open for 1 week for submission of questions for the nominees and other materials. This hearing is adjourned. [Whereupon, at 4:29 p.m., the hearing was adjourned.] [Questions and answers and submissions for the record follow.]
NOMINATION OF NANCY TORRESEN, OF MAINE, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF MAINE; NANNETTE JOLIVETTE BROWN, OF LOUISIANA, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF LOUISIANA; WILLIAM F. KUNTZ II, OF NEW YORK, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW YORK; HON. TIMOTHY M. CAIN, OF SOUTH CAROLINA, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF SOUTH CAROLINA; AND HON. JOHN A. ROSS, OF MISSOURI, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MISSOURI ---------- WEDNESDAY, MAY 4, 2011, U.S. Senate, Committee on the Judiciary, Washington, DC. The Committee met, pursuant to notice, at 2:30 p.m., in room SD-226, Dirksen Senate Office Building, Hon. Christopher Coons, presiding. Present: Senators Coons, Schumer, Grassley, and Graham. Senator Coons. Good afternoon, everyone. I am pleased to call this nominations hearing of the Senate Committee on the Judiciary to order. I would like to welcome each of our nominees today and their families and friends to the U.S. Senate and congratulate them on their nominations. I would also like to welcome those of my colleagues who are here to introduce the respective nominees. Today we welcome five nominees, beginning with Ms. Nancy Torresen, nominated to be judge in the District of Maine. Ms. Torresen currently serves as an Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney's Office for the District of Maine. If confirmed, Ms. Torresen would be the first woman to serve as a Federal District Judge in Maine, and she will be introduced by her home State Senators, Senator Snowe and Senator Collins. Next we welcome Ms. Nannette Brown, nominated to be a judge for the Eastern District of Louisiana. Ms. Brown currently serves as the city attorney for the city of New Orleans. If confirmed, she also will be the first African-American woman to serve as a Federal District Judge in Louisiana, and she will be introduced by her home State Senators, Senators Landrieu and Vitter. We also welcome Dr. William Kuntz, nominated to be a judge in the Eastern District of New York. Dr. Kuntz is currently a partner at the law firm of Baker Hostetler in New York and will be introduced by his home State Senator, Senator Schumer. We would also like to welcome Hon. Timothy Cain, who has been nominated to be a judge in the District of South Carolina. Judge Cain currently serves as a family court judge for the Tenth Judicial Circuit of South Carolina, and he will be introduced by his home State Senator, Senator Graham. Finally, we would like to welcome Honorable John Ross, nominated to be a judge in the Eastern District of Missouri. Judge Ross currently serves as the presiding judge for the 21st Judicial Circuit of the State of Missouri. Perhaps that should be ``Missour-ee.'' You can correct me either way, Senator. [Laughter.] Senator McCaskill. It is ``Missour-ee'' in St. Louis. Senator Coons. It is ``Missour-ee'' in St. Louis. He will be introduced by his home State Senator, Senator McCaskill, and perhaps Senator Blunt may join us as well. Given the large number of U.S. Senators from the respective home States of the nominees, I will hold off on my opening statement. Senator Grassley, when he joins us, may also have an opening statement, which he is welcome to make at that time. And I would like to thank all of the Senators who have come to speak on behalf of their home State nominees this afternoon. I know well how incredibly busy you are, but your presence and support speaks volumes about their qualifications, and I will invite each of the Senators, if you so desire, to excuse yourselves after you speak in introduction of your home State nominees. So, first, we will proceed to hear from the Senators from the State of Maine to introduce Ms. Torresen. Senator Snowe, please proceed. PRESENTATION OF NANCY TORRESEN, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF MAINE, BY HON. OLYMPIA J. SNOWE, A U.S. SENATOR FROM THE STATE OF MAINE Senator Snowe. Thank you, Mr. Chairman, and thank you for giving us this opportunity. I am please to join my colleague Senator Collins in recommending to the Committee Nancy Torresen as the President's nominee for the United States District Court for the District of Maine. I have had the pleasure of meeting with Nancy earlier this week, and she is a consummate professional and supremely qualified. Coincidentally, I also happen to know her husband, Jay McCloskey, who is a former classmate of mine from the University of Maine, where we were good friends, and I cannot help but note that he, too, was confirmed by the U.S. Senate in 1993 as U.S. Attorney for Maine. So together as well as individually, they are quite a powerhouse in the Maine legal community, not to mention a couple that never will be labeled as ``underachievers.'' Mr. Chairman, Maine has one judicial district with three active judgeships. If confirmed, Ms. Torresen will become only the 17th judge to serve on our United States District Court over its 222-year history. Significantly, she would also be the first woman to serve on the court, as you mentioned--a watershed moment for our States. Ms. Torresen would take the seat of Judge Brock Hornby, who has served our State with the highest of distinction for 21 years. Indeed, just over a year ago, Judge Hornby received the Devitt Award, a singular honor given annually for the last 29 years to the outstanding Federal judge in the Nation. We are all indebted to Judge Hornby for his unparalleled service. Ms. Torresen brings a critical depth and breadth of experience to this nomination as she has practiced law for 24 years across a range of roles and responsibilities. She began her career as a law clerk to Chief Judge Conrad Cyr of the United States District Court. After 2 years with a well-known law firm here in Washington, Williams & Connolly, she returned to Maine for a career as a prosecutor. All told, Ms. Torresen has served 14 years as an Assistant United States Attorney and 7 years as an Assistant State Attorney General. The variety of positions she has held and the facets of the legal realm in which she has practiced are significant and would be multiple perspectives in the district court. As an Assistant United States Attorney, Ms. Torresen has worked 4 years in the Civil Division and 10 years in the Criminal Division. Her civil practice has included contract disputes, medical malpractice, and libel. Her criminal practice has included white-collar crime cases, such as tax evasion and contract fraud. In her extensive criminal practice as an Assistant United States Attorney, Ms. Torresen has been hands- on, handling everything from initial referral of a case through post-conviction relief. That is the kind of real-world experience that underscore her ability and her credibility on the bench. As an Assistant State Attorney General, Ms. Torresen worked in the Appellate Section of the Criminal Division. There she represented Maine in the appeals of violent crime convictions. She wrote 16 appeals, briefed 12 habeas corpus cases, and argued nine murder cases. Ms. Torresen also served as an assistant to the Advisory Committee on the Maine Rules of Civil Procedure. Ultimately, Ms. Torresen will bring to the bench a diversity of trial and appellate experience before Maine's Federal magistrate and our district and appellate judges. She would also bring to bear the academic distinctions of having served as executive editor of the University of Michigan Law Review as well as the professional honor of receiving a unanimous well-qualified rating from the American Bar Association. I am confident that Nancy Torresen will serve the people of Maine and our Nation with integrity and excellence, and should she be confirmed, as I hope she will be, Nancy and Jay's three children undoubtedly will be extremely proud of their parents that not just one but both of them will have the U.S. Senate endorsement. Thank you, Mr. Chairman, and I look forward to the Committee's favorable review of Ms. Torresen's nomination. Senator Coons. Thank you, Senator Snowe. Senator Collins. PRESENTATION OF NANCY TORRESEN, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF MAINE, BY HON. SUSAN M. COLLINS, A U.S. SENATOR FROM THE STATE OF MAINE Senator Collins. Thank you, Mr. Chairman, and thank you for the courtesy in allowing us to proceed with our statements. Before I give my formal remarks, I just have to remark on the fact that it is wonderful to have two women Senators introducing the woman who has been nominated to be the first female to be a Federal District Judge in Maine. In Nancy we get it right on the appropriate ratios. It is a great honor to appear before this distinguished Committee to encourage the confirmation of Nancy Torresen. She is eminently well qualified to be confirmed as U.S. District Judge for Maine. Ms. Torresen has led an exemplary career of public service, culminating in her current position as an Assistant U.S. Attorney. Let me tell you a little more about her background to supplement what my colleague Senator Snowe has already told you. Ms. Torresen graduated from Hope College cum laude with a B.A. in 1981 and received her law degree cum laude in 1987 from the University of Michigan Law School, where she served as executive editor of the Law Review. After graduation, she came to Maine to serve as a law clerk to the extraordinarily well respected Judge Conrad Cyr. From 1988 to 1990, she worked at the law firm that is well known in this city of Williams & Connolly. In 1990, she had the good judgment to return to Maine where she became an Assistant U.S. Attorney for the District of Maine and initially handled civil matters involving Federal agencies. In 1994, she was assigned to the Appellate Section of the Criminal Division of the Maine Attorney General's office where she was primarily responsible for representing the State of Maine in appeals of serious violent crime convictions. In 2001, Ms. Torresen returned to the U.S. Attorney's Office where she has been responsible for investigating and prosecuting Federal crimes in the northern half of our State. In conversations with Ms. Torresen, I was impressed by her dedication and passion for the law. I also appreciate her 21- year-long commitment to public service. She has remarked that she is proudest of her criminal prosecution efforts because of the urgent need to protect the public from violent criminals and her desire not to let down the victims of violent crime. One of her most significant cases recently was the prosecution of a multi-state bank robber dubbed ``The Burly Bandit.'' This got a great deal of publicity in Maine. From April through July, Robert Ferguson robbed more than ten banks and credit unions throughout New England. The spree ended with a robbery of Bangor Savings Bank in July, and on October 1st of last year, Mr. Ferguson pleaded guilty in U.S. District Court in Bangor to 11 counts of bank robbery. Ms. Torresen was recognized by our U.S. Attorney for her outstanding work in coordinating the prosecution in six States. Except for her brief stint in the private sector, Ms. Torresen's entire career has been that of a dedicated public servant. She is very well respected in the legal community, and as Senator Snowe mentioned, she has been rated as unanimous well qualified by the American Bar Association. But I want to share with the Committee my conversations with members of the legal community in the State of Maine. One of them was with Tim Woodcock, who is a well-known attorney in Bangor, and his comments were very typical of what I heard when I called and asked people what they thought of Ms. Torresen. Tim said that he regards her as ``highly professional, extremely capable, tough but fair, and a strong advocate for the adherence by law enforcement to all legal requirements.'' These are all qualities that we should look for in our judicial nominees. Ms. Torresen's work as a prosecutor in both the Federal and State judicial systems, her integrity, her temperament, and her respect for precedent make her well qualified to serve as Maine's next Federal judge. Maine has a long and proud history of superb Federal judges, and I believe that Nancy Torresen will continue that tradition, if confirmed. Thank you very much for the opportunity to appear before your Committee. Senator Coons. Thank you very much, Senator Collins and Senator Snowe. I have received a request from my colleague on the Committee, Senator Schumer, to be able to speak on behalf of his home State nominee, Dr. Kuntz, given other commitments he has. With the forbearance of our three other colleagues who are also here to introduce their home State nominees, I will proceed to defer to Senator Schumer. PRESENTATION OF WILLIAM F. KUNTZ II, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW YORK, BY HON. CHARLES E. SCHUMER, A U.S. SENATOR FROM THE STATE OF NEW YORK Senator Schumer. Well, thank you, and I know my colleagues are waiting. I apologize for being late. I will ask that my entire statement be read in the record and just be very brief. First, it is an honor to introduce Dr. William F. Kuntz II, to the Committee today. I have nominated a lot of people to the bench. This guy's credentials are just incredible. He grew up in the projects called ``The Polo Ground Projects,'' went to Harvard College and has actually four degrees from Harvard--I hope you will not hold that against him--undergraduate, master's degree in history, law degree, and a Ph.D. in American legal history. He then went and spent 33 years as a litigation leader in one of New York's finest law firms, Baker & Hostetler. And what impressed me the most--and there were many things--he served 23 years on the Civilian Complaint Review Board. That is where citizens bring complaints about police officers. It is a hotbed. It is like serving on the Ethics Committee here, but much worse. No one wants to do it, and someone has to do it. He was respected by both sides--the people complaining and the police. He was moderate, he was thoughtful, and he did everything that was fact based. And he stayed on 23 years and is looked to by everyone in New York as the expert on this issue. When in private practice, one of the things he did was recover money from those who steered clients to Bernie Madoff. He has been part of the Legal Aid Society, the Practicing Law Institute, and he is also--two other points, and then I will yield to my colleagues. He is one of the nicest people you would ever want to meet. He is just a fine human being, sort of well respected, beloved in certain circles in New York. And the only other two things I would say to my colleagues, he is a true moderate. I try to nominate people not from the far right and not from the far left, because they both try to make law rather than follow the law. And, second, the Eastern District of New York, my home district, on which he would serve, is a judicial emergency district. In other words, we are desperately short of judges on that. I would ask unanimous consent that my entire statement be read in the record. I thank my colleagues or their indulgence and congratulate Mr. Kuntz on his nomination, and I am hopeful we can have a speedy confirmation process for you, sir. Senator Coons. Without objection. The prepared statement of Senator Schumer appears as a submission for the for record] Senator Coons. Thank you, Senator Schumer, for those comments on behalf of Dr. Kuntz. We will now proceed to the Senators from Louisiana, who will be speaking by way of introduction on behalf of Ms. Brown. Senator Landrieu. PRESENTATION OF NANNETTE JOLIVETTE BROWN, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF LOUISIANA, BY HON. MARY L. LANDRIEU, A U.S. SENATOR FROM THE STATE OF LOUISIANA Senator Landrieu. Thank you, Mr. Chairman and distinguished members of this panel. It is with great pleasure and pride that I present to you today Mrs. Nannette Jolivette Brown, a nominee for judge in the Eastern District of Louisiana. I was extremely pleased to submit her name for consideration to President Barack Obama for this appointment. Mrs. Brown is joined today by her very supportive husband, Marcus Brown, and her two very proud children--Christopher Dylan and Rachel--and they are all with her today in this room. Mrs. Jolivette Brown has rightfully garnered the support of both of her home State Senators, and I am so pleased to be joined by my colleague Senator Vitter in support of this nominee. Mrs. Brown is equipped with a remarkable array of legal experiences, Mr. Chairman, which range from law professor to legal litigator and mediator for one of the most established and well-respected law firms in our State. She has also held several high-level positions with the city of New Orleans, having first been appointed only at the age of 30 to head one of our departments and now serves as city administrator, city attorney for the city of New Orleans. Her life has been committed to justice and fairness, and her own personal experiences have dictated a great deal about the way she operates, the way she thinks, her heart for justice and compassion. Nannette Brown grew up at a time, sadly, in Louisiana's history where she and her younger brothers literally had to sit at the back of the bus as those buses made their way through the city of New Orleans. So she brings with her to this bench not only a commitment to justice learned in the classrooms and learned along the way in her career, but a real heartfelt commitment to the indignities suffered when the law is not where it needs to be. After putting herself through college and law school, one of the country's most prestigious firms, as I said, Adams & Reese, immediately hired her. She made a quick name for herself as a competent and energetic young attorney. She has earned an L.L.M. in energy and environmental law from Tulane as well as mediation certificates from both Loyola and Harvard. These advanced degrees, in addition to the decades of practical experience, her own life experience, numerous articles that she has published have promoted her, and she is understood to be one of the leading figures in our legal community. She has also, Mr. Chairman, served as professor of law at Southern University, Loyola Law School, and Tulane, among many other subjects that she taught, Federal Civil Procedure. I must also say outside of the classroom she exemplifies leadership and compassion as well. Outside of the courtroom, she exemplifies, and outside of the legal community. After Katrina, which I think is very telling, when all of us were busy getting our own lives and families back together, Nannette and her family were in Houston. She had a lot to do with getting her own family situated. But as Nannette would, she found a way to put others ahead of herself. Within a few short months, she had not only joined the Big Brothers and Big Sisters organization of Houston, but she was spearheading that organization's effort to mentor children who had been displaced from New Orleans so that they could get their way more secure and find a way home more carefully. So on behalf of so many people from the city of New Orleans, the State of Louisiana, from her many professors, her many friends, her many peers that she served with in the legal community, it is absolutely my pride and joy to present her to this Committee. I want you all to know in closing that, should your Committee give her your approval and she move on to the Senate for confirmation, Nannette will become the first African- American woman to ever serve as an Article III judge in Louisiana's history. It is a fitting achievement for someone who has devoted so much to equal protection and application of the law. Senator Coons. Thank you, Senator Landrieu. Senator Vitter. PRESENTATION OF NANNETTE JOLIVETTEBROWN, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF LOUISIANA, BY HON. DAVID VITTER, A U.S. SENATOR FROM THE STATE OF LOUISIANA Senator Vitter. Thank you, Mr. Chairman and members, and I am very pleased to join Senator Landrieu in introducing and strongly supporting Nannette Jolivette Brown for this position on the Eastern District Court of Louisiana, and it is a real honor for me and it is a great personal pleasure for me. Ms. Brown and I were classmates at Tulane Law School. We both got our J.D. there. But she went further. She also got her L.L.M. at Tulane, specializing in energy and environmental law, as Senator Landrieu mentioned. She has a wealth of background and experience and expertise that she will bring to this job. Of course, right now, as was mentioned, she is city attorney for New Orleans. It is a very wide-ranging, very challenging position, basically the top lawyer for all city issues. She has done a number of things, including mediate over 100 cases, for instance, right after Hurricanes Katrina and Rita as part of the Louisiana Hurricane Mediation Program. She is a real expert in environmental law in particular, with an advanced degree in that. She has taught, as Senator Landrieu said, a number of places: Loyola Law School, Southern Law Center, and she was a teaching fellow at Tulane Law School. So she does bring a real wealth of public and private sector experience to the Federal bench. She also brings a great deal of common sense, a wonderful, warm, calm personality that will be perfectly suited to the right demeanor a judge should have. And so it is a real pleasure for me to help introduce her and to strongly support her confirmation. Thank you, Mr. Chairman. Senator Coons. Thank you, Senator, and thank you, Senator Landrieu. Now I would like to invite Senator McCaskill to introduce Judge Ross from Missouri. PRESENTATION OF HON. JOHN A. ROSS, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MISSOURI, BY HON. CLAIRE McCASKILL, A U.S. SENATOR FROM THE STATE OF MISSOURI Senator McCaskill. Thank you, Mr. Chairman, and my thanks to the Committee for holding this hearing today so these important nominees can move forward in our process. It is my pleasure today to introduce to the Committee John Ross, and I have a bias, and my bias is that there are people who choose to labor in the field of public service as it relates to the law, and that many times they are overlooked in terms of their skill and their ability to administer justice in our country, especially at the Federal level. So my bias is showing today because of who John Ross is and what he has accomplished. John Ross graduated from law school in the late 1970's and very quickly moved into a job where he was an assistant prosecutor, an assistant prosecutor at the State level. And, once again, I have a bias, and my bias is that State-level prosecutors do not get to pick which cases they handle. They respond to 911 calls, and they take all cases. They do not get to decide that their time is only worthy of a certain kind of case. And John Ross worked his way up in the largest prosecutor's office in the State at that time, in St. Louis County, eventually becoming the chief trial attorney in that office. This is a man who has tried more than 50 jury trials in his career. In my humble opinion, there is no better place to learn how to be a good judge than in the courtroom. And in the courtroom, you get to see lots of different judges in a very up close and personal way because you are in the trenches actually trying those cases week in and week out. And you learn about judicial demeanor. You learn about judges that get robe-itis, that all of a sudden decide that their judgment cannot be questioned and that they do not have time to listen carefully, not just to the lawyers in front of them, but to the witnesses and to the plaintiffs and to the defendants. And it is, I think, that experience that uniquely qualifies John Ross to take this important position on our Federal bench. He was selected to join the State bench, and for 11 years he has been a circuit judge in the busiest circuit in Missouri. And we have a system in Missouri where judges are reviewed by the lawyers, and this is done anonymously so it is pretty darn accurate. And the judges that get these surveys from the lawyers always wait with bated breath as to how the lawyers are going to rate them. John Ross always gets if not the highest, one of the very highest ratings in St. Louis Circuit Court because of the way he handles his courtroom, because of the way he respects the lawyers, because of his fairness, because of his love of the law and his ability to not only just administer justice but really work at it--I mean, really, really work at it. And so since 2009 he has, in fact, been the presiding judge of the busiest circuit in the State of Missouri. So it is that background that qualifies him to take the Federal bench, a trial bench, where he will draw upon more than a decade of service as a State trial judge, more than a decade of service trying probably more jury trials than 95 percent of these nominations that come in front of this Committee. And I think that is more important, frankly, than his degree, although his degree is from a great university, Emory University, both his undergraduate and law degree, and I think in many ways more important than many of the other qualifications that are sometimes emphasized in these hearings. He also is very active in the community and particularly in the area of family violence and shelters for battered women. He has also been very active in raising money for a charity that many of us are very partial to because it honors a man who served as an elected official in St. Louis County for many years who was struck down very young in his life and who John had the honor of working for in St. Louis when he ran the county counselor's office for Buzz Westfall, who is the former county executive. So I think he is going to be one terrific Federal judge. I highly recommend him to you. I think he will be the kind of judge that all lawyers will look forward to working in front of and that all of us will be proud of for many years to come. Thank you, Mr. Chairman, and thank you for the time of the Committee. Senator Coons. Thank you very much, Senator McCaskill. Next we will turn to the Senator from South Carolina, who will introduce to the Committee Judge Cain. Senator Graham. PRESENTATION OF HON. TIMOTHY M. CAIN, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF SOUTH CAROLINA, BY HON. LINDSEY GRAHAM, A U.S. SENATOR FROM THE STATE OF SOUTH CAROLINA Senator Graham. Thank you, Mr. Chairman. Senator McCaskill has a bias. I have a big one. Tim used to be my law partner. [Laughter.] Senator Graham. And I hope he can get confirmed in spite of that. He has been a family court judge for 11 years, I think. And you talk about the ability to make hard decisions fairly quickly. That is the ultimate legal experience, I think, is to be a family court judge sitting over child custody cases, dealing with abused children complaints, trying to be fair when it comes to the economic equities of a marriage that is broken. You really meet the human condition in family court in every way possible. And how he did this for 11 years I will never know. He is a far better man than I am, and let me tell you, I think most people in South Carolina would say that Tim Cain is one of the best lawyers and judges we have ever produced. His wife, Renee, is a social worker, also a very dear friend. She has seen a tough side of life. So we are going to have a man go on the bench in South Carolina, I hope, who has seen just about everything you could see, and he has tried to be as fair as possible. And what more contentious issue than deciding who gets a child? Every lawyer almost without exception would tell you that he did his job in the most outstanding fashion. He was a city attorney and he was a county attorney, so he understands local government issues and how it is to advise politicians, which I would not wish on anybody, legally. He has been an assistant prosecutor and an assistant public defender. So he has sat on both sides. He understands what it is like to defend somebody, and he also understands what it is like to represent a victim of crime. He was chosen by our Supreme Court Chief Justice, Jean Toal, to sit on our Supreme Court for a period of time when an opening became available, which I think spoke volumes--which I believe speaks volumes about Tim's legal ability and respect. He was qualified by the ABA without exception. His son, Martin, got a new suit for this hearing. We went to dinner last night, got a new sports jacket, so this was good for the economy, Mr. Chairman. [Laughter.] Senator Graham. And I want to thank President Obama. He certainly did not have to do this. And Tim will be not a Republican judge and not a Democratic judge. He will be a lawyer's judge. I think he will administer justice at the Federal level in a way that we could all be proud of, and we have a strong tradition in South Carolina of putting qualified people on the bench no matter what party is in power. And we are going to continue that tradition with Tim Cain, literally one of the nicest people I have ever met in my life. And when this job is over, as a Senator there are a lot of things you can look back on, hopefully to be proud of, and some mistakes we will all make, but I can tell you without any doubt one of the proudest moments I have had being a U.S. Senator from South Carolina is getting to introduce Tim and recommending him to the President and hopefully getting the vote on the floor of the Senate soon for his confirmation. Thank you, Mr. Chairman. Senator Coons. Thank you, Senator. I would like to thank all of the home State Senators who have spoken on behalf of our five nominees today. Before we proceed to the testimony, I will take a moment for an opening statement and then invite Senator Grassley as well. STATEMENT OF HON. CHRISTOPHER COONS, A U.S. SENATOR FROM THE STATE OF DELAWARE Senator Coons. I would just like to take a moment and note that so far in the 112th Congress the Senate has indeed increased the pace at which district court nominees are being confirmed. Through bipartisan cooperation over the last several months, we have been able to achieve a modest but significant reduction in the overall number of judicial vacancies. More work does remain to be done. Ten percent of Federal judgeships still sit vacant; 37 of these are considered judicial emergencies, vacancies that have lasted more than 18 months and have caused other judges on the same courts to take on an overly burdensome caseload. And today Attorney General Holder testified before this very Committee that the number and duration of vacancies has created a crisis in our Federal courts. This is not a partisan issue. Chief Justice Roberts has similarly noted that the prolonged vacancies are causing acute difficulties for some judicial districts. The Senate as a body can help alleviate this crisis by acting on, I believe, 44 judicial nominations that have been referred to us, and the majority are wholly noncontroversial and should be confirmed as promptly as possible. I am disheartened, however, today that the Senate stands poised to spend 30 hours over the coming days engaged in a protracted post-cloture debate regarding the nomination of one U.S. district court judge, Jack McConnell, nominated for the District of Rhode Island. To have to file cloture on a district court nominee with the unanimous support of his home State Senators is nearly unprecedented. In fact, research by my staff shows only three cloture petitions have ever been filed for district court nominees. Democrats did not filibuster a single nominee to the district court during President Bush's administration, and my real hope is that the acrimony concerning Mr. McConnell is just a bump in the road and does not signal any escalation of the partisan rancor surrounding judicial nominees that may have characterized previous Congresses. The five nominees sitting before us today are, as we have heard from their home State Senators, outstanding qualified nominees, and they certainly deserve a prompt and thorough consideration. I look forward to continuing the great progress we have made by working with Chairman Leahy, Ranking Member Grassley, and my fellow Judiciary Committee members to consider these nominees in a thorough and expeditious manner. Senator Grassley. STATEMENT OF HON. CHUCK GRASSLEY, A U.S. SENATOR FROM THE STATE OF IOWA Senator Grassley. Thank you, Mr. Chairman. In the first few months that I have been Ranking Member of the Judiciary Committee, as you just stated, we have worked in good faith together to forward consensus nominees. As I said a couple of days ago, by any fair measure we are moving nominees at a brisk pace. The Senate has been in session only 44 days this Congress, and in that short period of time, we have confirmed 19 judges. In fact, thus far we have taken positive action on 43 of 63 nominees submitted to the Congress. I want to emphasize that we have taken positive action, in a percentage form, on 68 percent of the judicial nominees to the Congress. And I do not have any reason to believe at this point, unless something comes up that I do not know about, that these will be controversial that we are hearing from today. So I am glad to welcome the nominees appearing before us today. Each of them are nominated to be a District Judge. Of course, you all have family and friends that you are proud of, and we welcome them as well. Your qualifications and backgrounds have been thoroughly vetted and reviewed. Today is when the public gets the opportunity to hear from you directly. So, of course, I welcome you all and look forward to your testimony. I have a longer statement I am going to insert in the record. Senator Coons. Without objection. Senator Grassley. Thank you. [The prepared statement of Senator Grassley appears as a submission for the for record.] Senator Coons. Thank you very much, Senator. Now I would like to ask the five nominees to step forward and please remain standing at your places. If you would please raise your right hands and repeat after me. Do you solemnly swear that the testimony you are about to give to the Committee will be the truth, the whole truth, and nothing but the truth, so help you God? Judge Ross. I do. Judge Cain. I do. Ms. Jolivette Brown. I do. Ms. Torresen. I do. Mr. Kuntz. I do. Senator Coons. Thank you, and let the record show the nominees have been duly sworn and taken the oath, and please be seated. And now each of the five nominees will in turn have an opportunity to recognize their family and friends and to give an opening statement. Ms. Torresen, starting with you, I welcome you to acknowledge family members or friends you have here today and then to offer your opening statement. Ms. Torresen. STATEMENT OF NANCY TORRESEN, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF MAINE Ms. Torresen. Thank you, Senator Coons. I want to thank Senator Coons and Senator Grassley for convening this hearing today. I want to thank President Obama for nominating me for this position, and I would like to thank particularly Senators Snowe and Collins for their very kind introductions. And I would like to introduce my family to you. Right behind me is my husband, Jay McCloskey, and then my daughter is here, Abby McCloskey, behind him. My niece is next to her, AnneMarie Torresen. Beyond those two in the third row is my mother, Frances Torresen, and my brother, David Torresen. And in the back there is my brother, Robert Torresen as well. I know my father, who is deceased, is with us in spirit, and I also have two children at home, Jack McCloskey and Lilly McCloskey, who could not make it today because of school commitments. But I am sure they are with us in spirit as well. I have no opening statement, and I would be happy to answer any questions that you have. [The biographical information of Ms. Torresen follows:]
Senator Coons. Thank you, Ms. Torresen. Ms. Brown. STATEMENT OF NANNETTE JOLIVETTE BROWN, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF LOUISIANA Ms. Jolivette Brown. Thank you, Senator Coons. I also want to thank you and Senator Grassley for holding this hearing and providing us an opportunity to provide testimony. I want to thank the President of the United States for making this nomination. I need to thank Senator Landrieu for her recommendation to the President, and I am greatly thankful to Senator Vitter for supporting my nomination. I have here with me today my husband, Marcus Brown; my two children, Christopher and Rachel. Looking at us from home are my siblings, Carolyn, James, Charles, and Dwight. So I just want to introduce you to them, and also thank who I know is watching, many people at city hall and New Orleans who have embraced me and embraced this moment with me. So with that being said, Senator, I thank you again for holding this hearing, and I have no further opening statement. [The biographical information of Ms. Jolivette Brown follows:]
Senator Coons. Thank you, Ms. Brown. Mr. Kuntz. STATEMENT OF WILLIAM F. KUNTZ II, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW YORK Mr. Kuntz. Thank you very much, Mr. Chairman, and thank you so much, Senator Grassley, for being here. Can you hear me now? Can you hear me now? Senator Coons. Yes. Mr. Kuntz. Thank you. Senator Coons. Thank you. Mr. Kuntz. Not my usual problem. I apologize. Mr. Chairman and members of the Committee, I too would like to thank President Obama for nominating me, and I would like to thank Senator Schumer for recommending me to this august Committee. I am pleased and honored to introduce to you today my wife of 33 years, Dr. Alice Beal, who is the director of palliative care for the Veterans Administration of the New York Harbor System, who is here today. I would also like to introduce my daughter, Katharine Lowell Kuntz, who is completing her second year at Tufts Medical School, the school attended by her mother. My wife's cousin and best friend, Alletta Belin, who is a distinguished environmental attorney now working with great distinction in the Department of the Interior, is here today. And, finally, Mr. Joel Motley, who is president of Motley Communications and a friend since college and law school. Joel first introduced me to his parents, Joel, Sr., and the Honorable Constance Baker Motley, more than 30 years ago. He has been a friend and an inspiration throughout my adult life. Our other two children, William Thaddeus and Elizabeth Ann, apologize for not being here today. Will is the assistant director of professional scouting for the New York Yankees and is taking his law school exams at the night division at Fordham. And Lizzie is completing her final set of exams and papers today and is scheduled to graduate from Harvard College later this month. I thank you so very much for this opportunity to appear before you today. My parents are both deceased, but I am sure they are with us in spirit today, and I thank you so much. [The biographical information of Mr. Kuntz follows:]
Senator Coons. Thank you, Mr. Kuntz. Judge Cain. STATEMENT OF HON. TIMOTHY M. CAIN, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF SOUTH CAROLINA Judge Cain. Thank you, Senator Coons, for presiding at this hearing today. Thank you, Senator Grassley, and my thanks to Senator Leahy for scheduling these hearings and for the important work of the full Committee. I also want to thank the President for his nomination and also Senator Graham for his kind introduction. With me today, as he indicated, are my wife of 25 years, Renee, right behind me, and my son, Martin, with the new suit. He is a freshman at Walhalla High School in Walhalla, South Carolina, and he is here with the consent of his principal, Ms. Hughes, and his teachers. And so I thank them for their kindness. Briefly, I would just like to acknowledge some folks at home in South Carolina who are probably watching today: my parents, Harris and Helen Cain, who could not be here for medical reasons and health reasons; and my sister, Sandra Mullican, who is actually taking my father for a doctor's appointment today; and my sister, Pamela Carpenter; my wife's parents, Louis and Betty Patterson; and all of my brothers and sisters and colleagues in the South Carolina judiciary, for all the hard work that they do. Thank you. [The biographical information of Judge Cain follows:]
Senator Coons. Thank you, Judge Cain. Judge Ross. STATEMENT OF HON. JOHN A. ROSS, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MISSOURI Judge Ross. Thank you, Senator Coons, and I want to thank Senator Grassley and all of the members of the Committee for letting us have this hearing here today. We truly appreciate it. It is truly an honor and privilege to be here. I want to thank the President for the nomination, and I especially want to thank Senator McCaskill for her kind words in introducing me and her support throughout this process. I am pleased to be here today with family and friends, so I would like to introduce my wife, Judy, who is behind me. We are celebrating our 20th anniversary later this year. And my son, Joe, who will be 13 later this month; and my daughter, Emily, who will be 16 later this month. And I also had to get approval from their teachers and principals to allow them to be here for this experience. I also have my nephew, William Goodman, who came down from New York for this; my niece, Lauren Goodman, who is an attorney here in Washington, D.C.; and my very, very dear friends Dr. David Robson, his wife, Deb, and their daughters Kelly and Anna, who are here. And I would also just like to acknowledge my parents, Bernie and Elizabeth Ross, who are 89 and 86 and could not travel here, but are with my sister watching this on a webcam; and my father-in-law, who is a retired St. Louis city policeman, Fred Lucreth, who I think is also watching it on a webcam. So thank you very much. [The biographical information of Judge Ross follows:]
Senator Coons. Thank you. Thank you to all five of our nominees for sharing your families and friends with us and for beginning this process. I would like to now move to the questions, if we can. We are going to do 10-minute rounds. I would like to begin by just asking, if I could, each of you in turn to briefly describe your judicial philosophy, how you see the challenge of serving as a Federal district court judge. Ms. Torresen. And we will go in the same order in which you introduced yourselves, if you would. Ms. Torresen. Thank you for the question, Senator. I would say that my philosophy is really about what I am going to do, if I am lucky enough to be confirmed, and in any case I would approach the courtroom with an open mind. I would listen carefully to the arguments presented by both sides. I would ascertain the facts, and then I would start to study the law in that area. I would apply existing precedents from the Supreme Court, and the First Circuit in my instance. And I would try to resolve the case, the controversy before me as narrowly as possible. And I think that sums up what I think the judge's role is and in some ways is really my philosophy as well. Senator Coons. Thank you, Ms. Torresen. Ms. Brown. Ms. Jolivette Brown. Thank you for the question, Senator. Should I be confirmed, my judicial philosophy would embody three basic principles: stability, predictability, and civility. In that regard, I would treat every party and litigant and participant appearing before me with fairness and neutrality. I would only decide issues that are properly before me. I would have a commitment to the rule of law and precedent. And, finally, my judicial philosophy would be to preside on every matter with a calm, even temperament. So in that regard, Senator, that would constitute my judicial philosophy, should I be confirmed. Senator Coons. Thank you, Ms. Brown. Mr. Kuntz. Mr. Kuntz. Thank you very much for the question, Senator. I agree with what has been said, and I would say that careful listening, patience, and humility in terms of the proper role of the judge are the things that I would bring to the table, if am fortunate enough to be confirmed. I think those are elements that are crucial. Senator Coons. Thank you, Doctor. Judge Cain. Judge Cain. Thank you for the question, Senator. I agree with what my fellow panel members have stated, and the approach I have tried to take for the last 11 years is to be a neutral and unbiased arbiter of the cases that come before me, and to take the facts of each case and apply the law to the facts without passion or prejudice, and try to ensure that the trial or hearing is conducted in a way that even though a party may not get the result they want, they leave the courtroom feeling that they have had a full and fair opportunity to be heard. Thank you. Senator Coons. Thank you, Judge. Judge Ross. Judge Ross. Thank you, Senator. Again, I fully believe that everyone is entitled to a full and fair day in court, and every litigant who comes into my courtroom is entitled to be treated with respect and dignity. And I try and listen very carefully and listen to all sides in any case and apply the law to the facts, and that would be my intent. Senator Coons. Thank you. If I could, in the next round I would be interested in hearing each of you speak more specifically to your view of precedent, how you would approach the use of precedent, and also what is the role of courts in interpreting laws written and passed by elected legislative bodies as well. So the combination of legal precedent and what standards or practices or approach or philosophy you would apply to the interpretation of laws enacted by legislative bodies. Ms. Torresen. Ms. Torresen. Thank you for the question. As far as precedent goes, I would consider myself strictly bound by the Supreme Court precedent and by precedents from the First Circuit Court of Appeals. Their word is the final say, and I would apply what the law is as they have interpreted it. As far as statutes go, I think any judge starts with the plain meaning of the statute, and that is what I would do as well. You decide whether it is clear on the face of the statute what the statute says, and if there is ambiguity, then you look to the purpose of the statute, what was the Congressional intent behind the statute. And, generally, you can make out what the statute means and what you should do by those two tools. Senator Coons. Thank you, Ms. Torresen. Ms. Brown. Ms. Jolivette Brown. Thank you for that question, Senator. I understand that if I am confirmed as a Federal district court judge, I am bound by precedent. So I would be following the precedents set by the United States Supreme Court and the Fifth Circuit Court of Appeal. Secondarily, when it comes to the legal interpretation of laws enacted, I agree with Ms. Torresen that you must first begin with the text of that law and look to the plain and obvious meaning. If you cannot come to a conclusion at that point, then you should look to Supreme Court and appellate court precedent, again, for either authority on point or analogous points. And then secondarily, by analogy, you can look to other State court precedents; and, finally, to the legislative purpose or intent if that is available. Senator Coons. Thank you, Ms. Brown. Mr. Kuntz. Mr. Kuntz. I agree that legal precedent, Mr. Chairman, is key and is binding, and I would look to Supreme Court precedent in the first instance and to the precedent of the Second Circuit beyond that. In terms of statutes enacted by the Congress, I would certainly follow the plain language of those statutes. That is what you look to to determine what the legislator meant and what the legislature has meant, and that is where I would focus my attention. Senator Coons. Thank you, Doctor. Judge Cain. Judge Cain. Thank you for the question, Senator. If I am fortunate enough to be confirmed, I would review any applicable Federal statutes and construe them, the words of those statutes, in accordance with their plain and ordinary meaning. And I would also look to precedent as established by the U.S. Supreme Court and the Fourth Circuit Court of Appeals and follow that precedent. Predictability is very important in our system, and I would continue to do that as I have done on the State court level. Thank you. Senator Coons. I will confess to being partial to the Third Circuit myself. [Laughter.] Judge Cain. Yes, sir. Senator Coons. Judge Ross. Judge Ross. And I would agree with my colleagues. Initially, you would look at the plain language of the statute and the legislation and then be bound by the precedent, in my situation the Eighth Circuit and the United States Supreme Court, and I would follow the precedent in all circumstances. Senator Coons. Thank you. For the first three, you have spent much of your legal careers as advocates in different roles, whether in practice in law firms or in various roles in Government roles. But more often than not, you have appeared in courtrooms as advocates, and I would be interested in hearing from each of you how you view the role of a district court judge as distinct from that of an advocate and how you will make the transition from long and successful careers as advocates to being more judicial in your temperament. Ms. Torresen. Ms. Torresen. Thank you for the question. I realize that as an advocate you are trying to put forth your party's case in the best light for your party, making every reasonable argument that you can. That is sort of putting a spin on the ball, so to speak. And I certainly have done that in my career. I will say that as a Federal prosecutor I see my role not quite to win the conviction, so to speak, but I see my role to see that justice is done. And as part of that, I think I take an objective view of things, and I try to consider all sides, particularly in the stage where we decide whether to charge a case or who to charge and what to charge. So I do think I have some sort of more middle-of-the-road experience with that, and I think that will be helpful in making the transition to becoming a District Judge if I get confirmed. I do see the need for a District Judge to be completely open-minded and not biased in any way, and I understand that, and I believe I could do that with ease, actually, and I hope to get the opportunity to do so. Thank you. Senator Coons. Thank you, Ms. Torresen. Ms. Brown. Ms. Jolivette Brown. Thank you for the question, Senator. In making the transition, I think I would look to the totality of my professional experiences. I have spent a large amount of my career as an advocate and as a litigator, but I have also spent some time in the role as counselor and adviser in many transactional matters. And in my current position as city attorney, I advise various political and elected officials and boards and commissions. I have also been a mediator, and a mediator is a trained neutral. I have been a law professor. As a city authority, I am lead prosecutor on municipal and traffic violations. So if you look at the totality of my professional experience, I think you can find what I see as guiding principles of neutrality and fairness. I have a strong commitment to the rule of law and applying precedent because I have stood in many different roles and fully appreciate that. So I think that I could make a smooth transition to the judiciary with those guiding principles. Senator Coons. Thank you, Ms. Brown. Dr. Kuntz, if you might answer, and then we will turn to Senator Grassley. Mr. Kuntz. Thank you, Mr. Chairman. In my experience as a 33-year practitioner in the commercial world, I represented both plaintiffs and defendants, and so I was on both sides of the aisle in that regard. I think the most relevant experience is my 23 years that you hear Senator Schumer advert to on the Civilian Complaint Review Board, which is a quasi-judicial post where we would take complaints and have answers from police officers and make recommendations to the police commissioner. We did not have the power to impose discipline, but we would make recommendations. And there we were always fair and impartial and would listen to both sides. It was, as he alluded to, very demanding work, but it is something where I always strove to be worthy of serving the people of New York in that capacity. So I have had that experience and think that it is relevant to the kind of work that I would be doing if I am fortunate enough to be confirmed as a district court judge. Senator Coons. Thank you, Dr. Kuntz. Senator Grassley. Senator Grassley. Yes, welcome again. I will have different questions for each one of you. I will have some that are a little more specific, but some along the same lines as the Chairman has just asked. So I do not want you to think I did not hear your answers there, but there is an old saying around the Senate: ``Everything that has been on this subject has been said, but I have not said it and, by golly, I am going to say it.'' [Laughter.] Senator Grassley. So I am going to start, and I am going to just concentrate on one person for two or three questions. Some of you will only have one question. For you, Ms. Brown, I understand an area of interest for you has been environmental law. In addition to representing national environmental groups, you have taught courses on the subject, including a course on environmental justice. As a judge, you, of course, will be asked to put aside your personal views and make decisions based on the law and facts before you. Do you believe you will have any difficulty making the transition? Ms. Jolivette Brown. Absolutely not, Senator. Senator Grassley. Okay. In 2009, you wrote an article on environmental justice and how its supporters can sometimes be in conflict with traditional environmental groups. How would you define and identify environmental justice? And, second, what role do you believe the court should play in addressing concerns about environmental justice? Ms. JolivetteBrown. Thank you for that question, Senator. Should I be confirmed and should I get an issue of environmental justice before me, rest assured that I would rely on the guiding precedents of the Supreme Court and the Fifth Circuit Court of Appeal and apply--and carefully listen to the facts and apply the law to the facts. And nothing else would come into my consideration. Senator Grassley. Okay. I believe you answered the second part of it. Could you define and identify the term ``environmental justice'' ? Ms. Jolivette Brown. Senator, that is a term that different groups have a different definition to, and it is one that is left to judicial interpretation as well. So I would not feel comfortable giving you a definition that would be construed as my personal opinion on the topic. Senator Grassley. Well, I can understand why you would not want to say something now that would impact whether you were impartial in a court. But surely if you wrote on this subject, you have some idea of what environmental justice is. So just from the standpoint of your writing, how did you define it? Ms. JolivetteBrown. Well, Senator, in that particular article, I think what I was relaying was the differences in the interpretation of environmental justice by civil rights organizations and how traditional environmental organizations sometimes interpret the environment, and that civil rights organizations tend to want to include the urban environment, and traditional environmental groups look to the traditional air, water, and soil as the environment. Senator Grassley. Okay. Thank you. This is the last question for you. Do you believe that economic considerations such as job opportunities for residents should be taken into account in litigation that seeks to prevent an undesirable industry from being located in a poor community? Ms. Jolivette Brown. Senator, if I were fortunate enough to be confirmed and that issue were presented before me, I would only look to the prevailing precedents on that topic from the Supreme Court and the Fifth Circuit Court of Appeal. Any personal opinion I would have, I would check at the front door of the courthouse. Senator Grassley. You know what? I said that was the last question, but I have one other one. [Laughter.] Senator Grassley. In July 2002, you participated in an environmental racism panel stating environmental racism is ``just another symptom of general racism. We are not going to get environmental justice in this country until we get full social and economic justice.'' I do not want you to apply that to any case or worry about anything you say applying to a case. I just want to know what you meant by that statement. Ms. Jolivette Brown. If that is a statement that was reported somewhere and a statement I did not necessarily write myself, I can try to interpret that from that, and I think from that it is that the injustices people recognize in the environmental environment are very similar to some of the overall societal ills that we face in this country. Senator Grassley. Okay. I have a couple questions for you, Ms. Torresen. You have been very involved in the Mabel Wadsworth Women's Health Center. In fact, you served on that organization's board from 2006 to 2009. The Mabel Wadsworth Women's Health Center is one of the only clinics providing abortion-related services in Bangor. According to their website, the center is also very involved in advocacy of abortion rights. In 2009, the center held a vigil for Dr. George Tiller. Dr. Tiller was a medical doctor in Wichita, Kansas. At the time of his murder, he was one of three doctors in the Nation that would provide late-term, post-21-week abortions to women. The center described Tiller as ``inspirational,'' and ``hero and a leader.'' The quote is ``inspirational,'' and the quote is also ``hero and leader.'' While murder is categorically wrong, calling a late-term abortion doctor a ``hero'' suggests the center holds extreme views on women's rights to obtain an abortion. Do you think Dr. Tiller is inspirational, a hero, and a leader? Ms. Torresen. Thank you for the question, Senator Grassley. I would like to say that the Mabel Wadsworth Women's Health Center is a place where women can receive health care services on a broad spectrum, and it covers women from puberty through post-menopausal years. I was affiliated as a director of the board for 3 years of that 2006 to 2009, as you said, and I am not familiar with the particular newsletter or whatever you are citing there. I was not aware of it. I am pretty busy and have not read every one of those. But I believe that the center's views are not squarely aligned with mine. I do not have an opinion as to whether Dr. Tiller is an inspiration or a hero. I have not really studied it, and I really know about him tangentially through the news media but not more than that. I do not believe that--I know that the Mabel Wadsworth Center does not provide abortions in late terms, and I would say that any opinions that I have on that topic I would leave outside the courtroom, and I would apply whatever the existing precedents are for both the Supreme Court and the First Circuit. Senator Grassley. On another point, did you have any concerns about your role with the center in your position as Assistant U.S. Attorney? Ms. Torresen. Before I joined the board, I spoke with our office's ethics adviser and had that cleared so that I could be sure that I was not in violation by doing that outside community service? Senator Grassley. I have another question along that line that I am going to ask you to answer in writing. [The information referred to appears as a submission for the record.] Senator Grassley. In a letter to the editor of the Bangor Daily News, you strongly criticized the local YWCA for choosing not to accept a $25,000 gift for cancer education of lesbian women. The YWCA said that it could not accept money advocating rights or positions of only a particular group. You wrote, ``It is clear that homophobia is behind the YWCA's decision to reject the money. The YWCA's implicit message is that it does not care if lesbian women die of breast cancer. Pretty hard to take from a group whose mission is to empower all women.'' Is this an accurate account of your letter to the editor? Ms. Torresen. I believe that is an accurate account of my letter to the editor. Senator Grassley. Do you believe that the YWCA does not care if lesbian women die of breast cancer? Ms. Torresen. That was a bit hyperbolic, and I realize now---- Senator Grassley. That is enough. Ms. Torresen. Okay. Senator Grassley. Do your comments illustrate an appropriate temperament for a Federal judge? I think that is an appropriate question. Ms. Torresen. That is an appropriate question. I thank you for it, and I thank you for the opportunity to address it. I wrote that I think 16 years ago, and I believe I have matured since then. I certainly have learned the lesson that nothing is ever lost by courtesy. I have been in the trenches in the Federal courtroom, and I know full well the pressure that the litigants are under, and I would treat all litigants in the courtroom, if I were lucky enough to be confirmed, with respect. Senator Grassley. Okay. I am going to go out here and have a little meeting, and then I will be back at the end of your 10 minutes. Is that OK? Senator Coons. I may not go 10 minutes. Senator Grassley. Okay. I will be available, so just call me in whenever you are ready. Senator Coons. Certainly, Senator. Thank you, Senator Grassley. I did not want to neglect the two judges on our panel today. Having previously asked questions of the other three nominees about their experience as advocates and how they would transition from their role as an advocate to a Federal judge, I just wanted to ask both of you what lessons you have learned in your experiences in your current judicial roles and how you would apply them to the distinguishable role of a Federal district court judge. Judge Cain. Judge Cain. Thank you for the question, Senator Coons. Over the last 11-plus years, I have had the good fortune to hold court in 17 counties throughout the State of South Carolina. I have had folks come before me of modest means, and I have had folks come before me in court who have great wealth. And I think everyone needs to be fed out of the same spoon, regardless of their station in life, and I have tried to approach my job in that fashion. Of course, at the State court level, we operate under the South Carolina Rules of Civil Procedure, which are modeled under the--by the Federal rules and the Rules of Evidence, which are modeled after the Federal Rules, and I would continue, if I am fortunate enough to be confirmed, to try to make sure that everyone who comes into court, regardless of their station in life, receives a full and fair opportunity to present their case and to feel comfortable that they have had a judge who has conducted their hearing in a fair and impartial manner. And I would hope to be able to bring that same philosophy to the Federal bench. Senator Coons. Thank you, Your Honor. Judge Ross. Judge Ross. Thank you, Senator. If I am fortunate enough to be confirmed, I think my broad range of experience in the past will benefit me in making this transition. I started out in the prosecuting attorney's office handling all criminal cases, and then spent 9 years as the county attorney in St. Louis County overseeing all of the civil litigation for county government. Some of that litigation was Federal litigation. And in my 11 years as a circuit judge in the busiest circuit in the State of Missouri, I have seen a wide variety of cases, and I think all of that experience will help me make the transition again, if I am fortunate enough to be confirmed. And I think, again, that it will be a transition, and I understand that I will have things to learn, but I think that all of those experiences will assist me in making that transition. Senator Coons. Thank you, Judge. I have just one last question for the whole panel. I would be interested in your views on, as a Federal judge, what role you have in ensuring fair and equal access to our courts, to our judicial system, to appropriate treatment. You have all made some reference to it in passing, but I would just be interested in your view on how you would view your role in ensuring equal and fair access to our judicial system. Ms. Torresen. Ms. Torresen. I think I need a little clarification on the question. What do you mean by ``fair and equal access to the judicial system''? Senator Coons. Well, you make rulings as a district court judge that can have some impact on whether or not litigants appearing before you really have the opportunity to be heard, and I think in voir dire you also have a role in making sure that they are being reviewed, judged as it were, by a jury of their peers. Those are just two suggestions. You also ultimately set some of the rules and have input into the fees that are paid and the process by which a case gets before you as a district court judge. I am just suggesting a couple of the vectors that are of some concern to me. All of you have had significant lengthy exposure to the judicial process in your respective States. The Federal courts sit in a sort of particular place in that, but cases are fed up into district courts by a variety of means, and there have been some questions in our history as to whether or not all cases arrive with the same standing in front of Federal courts. So I was just interested in your particular views based on your own particular experiences about how we ensure equal access to justice for all Americans. Ms. Torresen. Thank you for the question and thank you for the clarification. I think the District of Maine may be somewhat unique in this regard. For my fellow panel members, it may be slightly different. But in Maine, I do not see an issue with people having fair and equal access to the Federal courts, and I think everybody that comes to the Federal court is treated fairly and equally. There are instances, I am sure, where if money is an issue, there are court-appointed lawyers that are available that the courts can provide in the criminal context, and that is done routinely. Also, for waiving certain fees like special assessments, those are often waived in the case of someone who has the inability to pay. So I do not see that as a particular problem in the District of Maine. Also, Maine is a State which I think the recent census data is something like 98 percent white, and that is, you know--when we empanel a jury, almost all of the people in the panel are white. And that is an issue, but we do not--you know, that is just the demographics of the State of Maine. So I really do not see that we have an issue of an unfair or a situation where someone is not getting access to judgment in the Federal court. Senator Coons. Thank you, Ms. Torresen. Ms. Brown. Ms. Jolivette Brown. Thank you for the question. There are a number of ways I see that we can address the issue of fair and equal access to justice. As you know, I have spent a lot of time as a mediator. Mediation is a part of the Federal practice now. I think mediation is a cost-efficient and effective way to move litigants through the system in a way that is less costly to them. Secondarily, for those who choose to continue on, I think early status conferences and opportunities to bring the parties together again moves those matters along. And I think all of those things add to the overall access and fairness and justice to all. And just the simple fact that parties should feel confident when they appear before any court that only the issues properly presented before them will be heard, they should feel confident that they are being treated fairly despite their position or walk in life. And so I think all of those three things take into account those ways that we can play a role in fairness and access to justice for all. Senator Coons. Thank you, Ms. Brown. Mister--Dr. Kuntz. Mr. Kuntz. Please, ``Bill'' is fine, Mr. Chairman. Thank you. In Brooklyn, we do have some of these issues in the Eastern District of New York, and there are a number of things that I have been involved with, and others have as well. The expansion of CJA panels, Criminal Justice Act panels, is important. The involvement in bar association activities is also important, such as Federal Bar Council. And we have a very fine group of magistrate judges who have been very active in terms of helping the district court judges to provide access to the courts for more and more people. I think this is an area that is of immense importance, and particularly in the habeas area as well. So I have been involved for 33 years as a litigator through bar association activities and, if I am fortunate enough to be confirmed, would certainly continue those efforts to enhance accessibility. And I thank you for the question, Mr. Chairman. Senator Coons. Thank you, Dr. Kuntz. Judge Cain. Judge Cain. Thank you for the question, Senator. Everyone should have access to justice and access to the courts regardless of their station in life. And just to follow up on my response to an earlier question, I have had folks in my courtroom of modest means and great means, and the courtroom is a place where everyone should be treated the same and treated fairly, regardless of their station in life. On the State level in which I work, our State Supreme Court has done a good job of ensuring access to the courts by all persons and has set rules and procedures by which filing fees can be waived when appropriate, and I follow those guidelines and procedures. And when a party applies to file an action or a motion and be exempted from the requirement of a filing fee, if it fits within the parameters established by my State Supreme Court, I freely waive that. Thank you. Senator Coons. Thank you, Your Honor. Judge Ross. Judge Ross. I also think it is very important to provide access to the courts, and I think it is important to be sensitive to the rising costs of litigation. And certainly at the State court level, we have seen an increase in pro se litigants trying to file cases on their own, and we have taken a number of steps in our court to assist pro se litigants and indigent litigants to have access to the courts. And I would continue that practice if I am fortunate enough to be confirmed. Senator Coons. Thank you, Your Honor. My time has expired, and I will defer now to Senator Grassley. Senator Grassley. Dr. Kuntz, I see you left a lot of money at Harvard. [Laughter.] Senator Grassley. Are there any other degrees you can get from Harvard? Mr. Kuntz. My late father-in-law, Senator, wondered if I would ever get a job and stop going to school. [Laughter.] Mr. Kuntz. I am pleased to report that---- Senator Grassley. Do not interpret any of my questions as keeping you from getting a job so your father-in-law is happy. For you, sir, on the living constitutional theory, Judge Scalia said this--and I am only using this as an offshoot. I am not asking you what you think about what he said. ``The risk of assessing evolving standards is that it is all too easy to believe that evolution has culminated in one's own views.'' So you can understand why the independence of a Federal judge is very important. Do you believe that judges should consider evolving standards when interpreting the Constitution? Mr. Kuntz. I believe they should not. I believe the Constitution is written and it says what it means and it means what it says. And when it is time to amend the Constitution, the people of this Nation amend the Constitution, not the non- elected judges. Senator Grassley. I think you also answered my second question, but let me ask it anyway. Do you believe that it is ever appropriate for a Federal judge to incorporate his or her own views when interpreting the Constitution? Mr. Kuntz. Never. Senator Grassley. If confirmed, what sources will you look to when interpreting provisions of the Constitution? Mr. Kuntz. You look to the words of the Constitution. I have studied at the level of doctoral history constitutional history, and you look to the words. The Founders battled over every clause, and it is there for a reason, and that is what you look to. Senator Grassley. Thank you. Mr. Ross, Judge Ross, at the time you were a county counselor, there was an incident where members of the county Private Industry Council sent an anonymous fax to members of the council and the local media criticizing the director of administration for actions he had taken. One of the whistleblowers was forced to resign. Both filed suit asserting their rights under the First and 14th Amendments. You were quoted by the media stating your belief that neither had a cause of action. The district and appellate courts did not agree with you, and the county subsequently passed whistleblower legislation. You may not know that I am very active in protecting whistleblowers, so you know the interest behind my question. So I want to ask two questions that follow on that. Well, the first question is divided into two parts. Why did you think the council whistleblowers had no valid suit? Judge Ross. Thank you, Senator, for the question. My initial review of the lawsuits when they were filed was that they did not state a cause of action. It was purely a legal analysis of the lawsuits as they were initially filed. They were later amended. There were additional claims that were raised. We did file a motion to dismiss that was denied, and the lawsuits were subsequently settled. But my initial comments were based solely upon an initial review of the lawsuits as they were filed. Senator Grassley. Okay. If confirmed as a Federal District Judge, what will be your approach to whistleblower suits? Will whistleblower plaintiffs be treated fairly in your courtroom? Judge Ross. I know I have had a number of whistleblower lawsuits since I have been a judge, and I think I have followed the law and would always follow the law as it applies to a whistleblower. I think whistleblowers can play a very important role and do play a very important role. So I would certainly follow the law as it applies to those kinds of cases. Senator Grassley. My second question to you is similar to what my colleague just asked in his first questions to all of you. You have no experience in the Federal court. What experience do you have that qualifies you for a Federal judgeship? How do you plan to make the transition? Judge Ross. Senator, I have had a broad range of experience. I started out handling all criminal cases in the prosecuting attorney's office, and I did that for 11 years, became the chief trial attorney, handled a broad range of criminal cases. As county counselor, which I was for 9 years, I supervised all the civil litigation for county government. Some of that litigation was, in fact, Federal litigation. I made these transitions and then made the transition to becoming a judge. I think all of those things would assist me in making the transition if I am fortunate enough to be confirmed. Senator Grassley. Okay. And my last question, you do not have to answer if you do not want to, but I want to give you a chance to respond to an allegation. On December 6, 2010, Congressman Clay wrote to President Obama and expressed his strong opposition to your nomination based on how you had handled the case Kevin Buchek v. Robert Edwards. Specifically, Congressman Clay urged the President to withdraw your nomination ``[b]ased on Judge Ross' judicial activism, history of racial and gender discrimination against black elected officials and employees of the fire district.'' In his letter to the President, Congressman Clay attached a letter from a group of elected officials in Missouri opposing your nomination. Judge Ross. Thank you, Senator. I appreciate the opportunity to address that. I think that the letter that was written to Congressman Clay by the other officials contains significant inaccuracies. This case actually came to our court based on a citizens' petition that was filed by residents of a fire district in North St. Louis County. It was filed after the Missouri Attorney General had filed a lawsuit against the district alleging that they had violated the open meetings laws. There was also a scathing audit issued by the Missouri State auditor citing financial improprieties and a lack of financial controls by the district. The citizens group requested a temporary restraining order and asked that a receivership be appointed to take over the running of the district. The case went to another judge, and that judge granted the restraining order. It then went to a second judge, who denied a motion to dissolve the restraining order. When both of those judges were disqualified, the case then was assigned to my division. I did have a hearing, and after a hearing I determined that a preliminary injunction was appropriate. I denied the request for a receivership which would take over the entire operation of the district. I did appoint a special master. The special master that I appointed was a retired Missouri court of appeals judge who happens to be African American. For 14 months, the special master acted, and I affirmed many of the special master's recommendations. To give you an idea of what was happening in the district, they were holding meetings in violation to open meetings laws, and at one point one member of the district voted to pay the former fire chief and an attorney over $700,000 in severance pay. The attorney, who was going to get a portion of that money, was one of the people who wrote the letter to Congressman Clay. So I think that the letter contains significant inaccuracies, and at the conclusion of the 14 months that the court was involved in the district, all of the recommendations of the State auditor's office were implemented, and there were financial controls in place and a financial budget where the district was not spending more money than it was bringing in. I would also point out that during the course of the court's involvement, another court removed the chairman of the board of the fire district, and it then came to me to appoint the new chairman of the fire standard, and I appointed an African-American male, and in so doing I maintained an African- American majority on the board. So I believe that the letter contains some inaccuracies that were conveyed to the Congressman. Senator Grassley. Okay. Now, Mr. Cain, if I only ask you one question, you are going to think I think you are less significant than the other four. Judge Cain. I will not be offended, Senator. [Laughter.] Senator Grassley. Along the lines of something that the Chairman asked you, you have little experience in Federal court. What experience do you have that qualifies you for a Federal judgeship? And how do you plan to make the transition? Judge Cain. Thank you for the question, Senator. Again, as a State court judge for over 11 years, I have used the South Carolina Rules of Civil Procedure and the South Carolina Rules of Evidence in conducting hearings and trials. Those rules are modeled after the Federal rules. In addition to that, I have heard many types of matters in family court relating to marital estates that might involve such assets as interest in limited liability companies, corporations of various types. I have also had criminal experience hearing juvenile cases with folks charged with felonies and misdemeanors. And prior to my service on the family court bench, I was in practice for about 14 years and have worked as a public defender and a prosecutor and was county attorney for 7 years and represented clients before various Federal agencies, and clients in primarily State court but also Federal court as well. So I believe I would be able to make the transition successfully if I am fortunate enough to be confirmed. Thank you. Senator Grassley. Thanks to all of you, and thank you, Mr. Chairman. Senator Coons. Thank you very much, Senator Grassley. Do you have any further questions? Senator Grassley. No. Senator Coons. I do not either, so we will hold the record of this nomination hearing open for a week in the event that any members of this Committee who were not able to join us today wish to submit additional questions to our five nominees. I want to personally thank our five nominees for being here today and congratulate them on their nominations. You are truly qualified. You are dedicated public servants, and I am grateful for your willingness to step up and continue your service to our Nation through service on the Federal bench. This Committee stands in recess. [Whereupon, at 4 p.m., the Committee was adjourned.] Questions and answers and submissions follow.]
NOMINATIONS OF STEVE SIX, NOMINEE TO BE U.S. CIRCUIT JUDGE FOR THE TENTH CIRCUIT; MARINA GARCIA MARMOLEJO, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS; MICHAEL C. GREEN, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE WESTERN DISTRICT OF NEW YORK; WILMA ANTOINETTE LEWIS, NOMINEE TO BE JUDGE FOR THE DISTRICT COURT OF THE VIRGIN ISLANDS; MAJOR GENERAL MARILYN A. QUAGLIOTTI, USA (Ret.), NOMINEE TO BE DEPUTY DIRECTOR FOR SUPPLY REDUCTION, OFFICE OF NATIONAL DRUG CONTROL POLICY ---------- TUESDAY, MAY 24, 2011 U.S. Senate, Committee on the Judiciary, Washington, DC. The Committee met, pursuant to notice, at 2:33 p.m., Room SD-226, Dirksen Senate Office Building, Senator Amy Klobuchar, presiding. Present: Senators Grassley, Cornyn, and Lee. OPENING STATEMENT OF HON. AMY KLOBUCHAR, A U.S. SENATOR FROM THE STATE OF MINNESOTA Senator Klobuchar. I am pleased to call this nominations hearing of the Senate Committee on the Judiciary to order, and pleased to have our Ranking Member, Senator Grassley, here. I want to thank Chairman Leahy for allowing me to chair this hearing. As you know, we're starting on time. I want to give a warm welcome to all of our nominees. We also welcome the family and friends that have accompanied all of you. You will have an opportunity to introduce them shortly. First, I would like to call upon Senator Cornyn, a member of this Committee, to introduce Marina Garcia Marmolejo, who is nominated to be a District Judge for the Southern District of Texas, and I would also like to welcome the Virgin Islands delegate, Congresswoman Donna Christensen, to introduce Wilma Lewis, who is nominated to serve on the U.S. District Court of the U.S. Virgin Islands. Thank you, Senator Cornyn and Congresswoman Christensen, for appearing today. Please feel free to excuse yourself when you're done; I know you have busy schedules. Senator Cornyn. PRESENTATION OF MARINA GARCIA MARMOLEJO NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS PRESENTED BY HON. JOHN CORNYN, A U.S. SENATOR FROM THE STATE OF TEXAS Senator Cornyn. Well, thank you, Madam Chairman, Senator Grassley. It is my pleasure to speak on behalf of the nomination of Marina Marmolejo, who is here with her husband in the front row, and to support her nomination as U.S. District Judge for the Southern District of Texas in Laredo. Ms. Marmolejo applied for this position and was screened by a bipartisan Federal Judicial Evaluation Committee appointed by Senator Hutchison and myself. Senator Hutchison and I interviewed her and recommended her to President Obama, and are pleased that she comes to this Committee as a consensus nominee. Based on her broad experience and commitment to public service, I believe she'll make an outstanding addition to the Federal bench in Texas. Born in Nueva Laredo, Mexico and naturalized as a U.S. citizen, Ms. Marmolejo's professional accomplishments are a testament to her determination and hard work. After graduating from the University of the Incarnate Word in my home town of San Antonio, Ms. Marmolejo went to receive her Master's and law degree from another alma mater of mine, St. Mary's University School of Law. She consistently set the standard throughout her academic career, completing each degree program with honors and serving as an associate editor on the St. Mary's Law Journal. Following law school, she demonstrated a strong commitment to public service, first as an assistant public defender from 1996 to 1999, where she worked to ensure that the indigent and vulnerable defendants received their constitutional right to a fair trial. In that capacity she appeared in 350 cases before Federal District Courts in both the Southern and Western Districts of Texas. Her work as a public defender was so impressive that in 1999 she was recruited to serve as an Assistant U.S. Attorney for the Southern District. In her role as a Federal prosecutor, she spent the next 8 years handling over a thousand cases that brought dangerous criminals to justice, such as human traffickers and drug smugglers, gun runners, and gang members. Clearly, Ms. Marmolejo's experience fighting these scourges will suit her well given the Southern District's proximity to the increasingly dangerous U.S.-Mexico border. As a prosecutor, Ms. Marmolejo has also worked to ensure that our elected officials lived up to the highest ethical standards, prosecuting multiple public corruption cases. For her work in one high-profile case she earned the prestigious Director's Award for her superior performance as an Assistant U.S. Attorney, one of the highest honors available to career Federal prosecutors. She also won the attention of her superiors for her intricate knowledge of the criminal justice system and her prosecutorial talents. She was repeatedly recruited by the Department of Justice's Overseas Prosecutorial Development Assistance and Training Program to teach trial advocacy to foreign prosecutors and agents in Colombia and the Dominican Republic. In 2007, she went into the private practice of law with the firm Thompson & Knight in San Antonio. In 2009, she joined Diamond McCarthy, LLP as of counsel, and became a partner later that year. She is now a partner in the Reid Collins Tsai law firm based in Austin. So you can see from her vast experience and her public service that Ms. Marmolejo is well qualified. She has also received widespread applause from the community. For example, the Laredo LULAC Council has recognized with its Tejano Achiever's Award, and the Nueva Laredo Rotary Club has similarly awarded her service to the community. So while I could continue to offer additional praise for Ms. Marmolejo's career and her character, the record is already clear. I believe she will probably serve as a Federal District Judge, so I would urge my colleagues to join Senator Hutchison and me in supporting Ms. Marmolejo's well-deserved nomination. Thank you. Senator Klobuchar. Thank you very much, Senator Cornyn. Congresswoman Christensen, I will warn you, you may not be able to match him for having his nominee rhyme with her place of residence, Marmolejo of Laredo. It almost rhymes. I kind of liked it. Ms. Christensen. PRESENTATION OF WILMA ANTOINETTE LEWIS, NOMINEE TO BE JUDGE FOR THE DISTRICT COURT OF THE VIRGIN ISLANDS PRESENTED BY HON. DONNA M. CHRISTENSEN, A U.S. REPRESENTATIVE FROM THE U.S. VIRGIN ISLANDS Representative Christensen. Thank you, Madam Chair and Ranking Member Grassley, for the opportunity to introduce the Hon. Assistant Secretary Wilma A. Lewis, President Obama's nominee to serve as the next District Court Judge in the U.S. Virgin Islands. As the daughter of the first native Virgin Islands judge of our District Court, it is an honor to introduce an exceptional woman and public servant who, with your confirmation, would create another judicial milestone, as she would become the first woman to serve as a Federal judge in the District Court of the U.S. Virgin Islands. Assistant Secretary Lewis would bring an extensive, varied, and broad wealth of experience from both the public and private sector to the District Court of the U.S. Virgin Islands. We are so very proud of her record of distinguished service and know that any number of other Federal judicial districts would have vied to have her bring her level of expertise to them, and many would have wanted to have the honor and privilege that I have to introduce her to you today. I know her as a devoted daughter of parents who themselves gave a collective 67 years of service to the Federal Government, her father Walter Lewis in the U.S. Postal Service, and her mother Juta Lewis in what was then the U.S. Customs Service. We are both active members of the Moravian church that played an important role in bringing equity and justice to the enslaved Africans they came to live among back in the early 1700s. I know that you have her outstanding resume, but she has served the District of Columbia and our Nation in some of the most demanding local and Federal positions of government. Her tenures in those offices are of immense pride to the people of the U.S. Virgin Islands and I would not be able to go back home if I did not at least mention some of the more important ones as I present her to you today. In 2009, President Obama and Interior Secretary Ken Salazar called upon Attorney Lewis' vast expertise to serve as the Assistant Secretary for Lands and Minerals Management at one of the most challenging times for that agency. She previously served as Interior's Inspector General, and earlier as an Associate Solicitor in the General Law Division. Assistant Secretary Lewis served the U.S. Department of Justice as the U.S. Attorney for the District of Columbia, as well as on several key boards, committees, and commissions, including the Judicial Nomination Commission and the Committee on Local Rules of the U.S. District Court for the District of Columbia. Attorney Lewis has also had significant experience in the private sector. Madam Chair and Ranking Member, throughout her life, Wilma A. Lewis has distinguished herself at every turn, in college, in law school, and in the coveted legal position she had held and executed with honor, distinction, and excellence. She was the valedictorian of her All Saint's Cathedral High School in 1974, graduated with honors from Swathmore in Political Science in 1978, and from Harvard Law School in 1981. She was featured in the 2003 Harvard Law Bulletin as among the 50 female graduates who used their legal education to take them to extraordinary places, and has been recognized and honored by many organizations in the Virgin Islands and across the U.S. mainland. Although the nominee has spent most of her professional life on the United States mainland, she has maintained close and continuous contact with her home through the church, several community organizations, and of course through her ties to family and friends. The Virgin Islands Bar Association unanimously voted her as the Most Qualified and recommended her highly for this position. We're asking that this body, in confirming this outstanding individual, give her the opportunity to do what has always been her dream: to use all of the experience and skill she has accumulated over the years of service to serve her beloved home. Thank you for the opportunity again to present this outstanding individual and nominee for the District Court of the U.S. Virgin Islands. Senator Klobuchar. Well, thank you, Congresswoman Christensen. Thank you for joining us today. I would also like to note that Senators Schumer and Gillebrand were not able to make it today, but they have submitted remarks for our nominee, Michael Green. These statements will be submitted to the record. [The prepared statements of Senators Schumer and Gillebrand appear as a submission for the record.] Senator Klobuchar. I believe that Senator Hutchison is going to be joining us shortly. Before Senator Grassley gives an opening statement, I would like to introduce the rest of our nominees. Steve Six has been nominated to serve on the U.S. Court of Appeals for the Tenth Circuit. Currently he is a partner at the Kansas law firm of Stevens & Brand. He is also a research scholar with Columbia University Law School's State Attorney General program. Mr. Six previously served as the Kansas Attorney General, and he even has experience living in Minnesota. I knew you would be interested in that, Senator Grassley. He graduated from Carlton College in Northfield, Minnesota, before attending the University of Kansas School of Law. Michael Green has been nominated to sit on the U.S. District Court for the Western District of New York. Currently, the District Attorney for Monroe County, New York, Mr. Green was previously Assistant District Attorney for Monroe County and an associate at the Morris & Morris law firm in Rochester, New York. Mr. Green attended LeMoyne College and received his J.D. from Western New England College School of Law. Last, but certainly not least, we have Major General Marilyn Quagliotti. General Quagliotti has been nominated to be Deputy Director for Supply Reduction in the Office of National Drug Control Policy. Wow, that's a long title! She is currently a management consultant with the Durango Group, and she had a long and distinguished career in the U.S. Army, serving for over 30 years. Welcome, General Quagliotti. Now I'm going to turn it over to Senator Grassley for any opening remarks he would like to make. STATEMENT OF HON. CHARLES E. GRASSLEY, A U.S. SENATOR FROM THE STATE OF IOWA Senator Grassley. I extend my welcome to the nominees appearing before us today. I also welcome their family and friends, and I know you're proud of your family and friends that are being nominated for these prestigious positions. I'm eager to hear testimony and I'll be asking many questions. I expect the nominees will fully answer my questions. Too often, nominees appear before us and fail to give meaningful responses. Unfortunately, a well-worn response that we get to questions, meant to have questions of substance, we too often hear, ``I will follow the law, if confirmed''. That type of response, which sounds coached, even robotic at times, doesn't really get us very far with understanding the competence, integrity, and temperament of a particular nominee. It certainly gives us no insight into the thought process, legal reasoning skills, or general judicial philosophy of the nominee. I am going to insert the rest of my statement in the record because it's very long. So, I'll yield the floor. [The prepared statement of Senator Grassley appears as a submission for the record.] Senator Klobuchar. OK. Thank you. I will now ask our first nominee, Mr. Steve Six, to come forward and remain standing and raise your right hand. I'll administer the oath. [Whereupon, the witness was duly sworn.] Senator Klobuchar. Thank you. Have a seat. Mr. Six, do you want to take a moment to introduce anyone who is with you here today at this hearing? STATEMENT OF STEVE SIX, NOMINEE TO BE U.S. CIRCUIT JUDGE FOR THE TENTH CIRCUIT Mr. Six. I do. Thank you, Senator Klobuchar, for that kind introduction, and Senator Grassley, for those welcoming remarks. Introducing my family who is with me here today supporting me, I'll start with my wife Betsy. My wife of 15 years. Going in age from the oldest, my daughter Emily Six, Sam Six, Henry Six, and Will Six. And I'm also fortunate to have my parents, retired Supreme Court Justice--Kansas Supreme Court Justice Fred Six here, and my mother, Lillian Six. Thank you all. Senator Klobuchar. That's almost six Sixes. [Laughter.] Senator Klobuchar. That's very good. Mr. Six. I do thank the Committee for allowing me to have this hearing today, and look forward to your questions. Senator Klobuchar. Well, very, very good. I have a few questions. I know it sounds like Senator Grassley has some questions as well. Could you talk about how you describe your judicial temperament and why you think you'd make a good judge? Mr. Six. Well, thank you for that question, Senator. In my past work experience, I had the honor of serving as a State judge in our Kansas system and the approach that I took in that position was to really try to show up every day and work hard on being fair, to be independent, and to do what sounds kind of trite, but to impartially apply the law as I saw it to the facts that appeared before me. That's the judicial philosophy I practiced for the time I was a State court judge, and what I'd hope to do if I was fortunate enough to be confirmed to this position. Senator Klobuchar. Thank you. And has your father passed along any ideas to you? Mr. Six. Well, he has been very influential in my life, certainly in a lot of ways. I don't know that there's any particular judicial lessons he's passed on. It's been more certainly ethics, integrity, how do you present yourself, what does your word mean when you give it to someone, and really how to practice law in, I think, a very gentleman-like or professional fashion. Senator Klobuchar. So going to the Circuit Court, if you're confirmed, is a little different than being a District Court judge or a State Court judge, as you will be working with many judges, active senior judges. And do you think it's important to seek out agreement with your colleagues? Is there value to finding common ground, even if it slightly narrower in scope, to get a unanimous opinion? What are your views on that? Mr. Six. Well, I think what I've learned over my legal career, both in the private sector and public sector, is that it's important in the law to have a vigorous debate about what you believe a statute may be or what the cases say about the law or the precedents. Whether you're doing that with lawyers in private practice or, as I did when I questioned lawyers when I was a judge, you can have that vigorous debate but still when you're done be civil and get along. And certainly I would anticipate, if I was fortunate enough to be confirmed, that I would have a vigorous debate with my colleagues on a panel, respecting other views, listening to other views. But at the end of the day, you need to make your own decisions and hold true to what your principles or beliefs are in the law that you've studied. Senator Klobuchar. Thank you. Then last, Mr. Six, as Kansas Attorney General you played a role in, or commented on, many high-profile matters, like prosecuting child pornographers. As a former prosecutor, I know that that is--I believe it's very useful experience. How do you think that will play into your background as you look to the Circuit Court judgeship? Mr. Six. Well, as--as someone with young children, when I was Attorney General, one of the priorities that soon came to my attention was the dangerous that young children are facing online in various ways through all kinds of activity. That certainly was a priority and, when you're working hard for something that you think and believe in, it's sort of like not even going to work in the day because you enjoy the work so much. You know, that was important work to me in those positions. And, you know, I advocated for a lot of things as Attorney General, but I certainly recognized that there's a difference in our foundation and form of government in the separation of powers between someone's role in the executive branch, and certainly the judicial branch. Senator Klobuchar. Well, thank you. And before I turn to Senator Grassley and Senator Lee for their questions, we're going to take a little break as Senator Hutchison is here to speak for Ms. Marmolejo of Laredo. PRESENTATION OF MARINA GARCIA MARMOLEJO, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS, PRESENTED BY HON. KAY BAILEY HUTCHISON, A U.S. SENATOR FROM THE STATE OF TEXAS Senator Hutchison. Thank you, Madam Chairman, very much. I appreciate it. I was in another hearing, and when I got word that you all were ready I raced over. So, thank you, because I am pleased to be here to introduce Marina Garcia Marmolejo. She has been nominated to serve as a District Judge for the Southern District in Laredo, Texas. This is a bench that needs all hands on deck. It's got a heavy, heavy caseload, and so we are looking for her confirmation as expeditiously as possible. She received a Bachelor of Science degree in English at the University of the Incarnate Word in San Antonio, where she graduated magna cum laude. She went on to graduate from St. Mary's University with a Master of Arts degree in International Relations, and then received her Juris Doctorate from St. Mary's University School of Law. She was born in Nueva Laredo, Mexico, but grew up going to school in Laredo, Texas and learned very early the value of a strong education. She became a U.S. citizen in 1995. She's married to Wesley Boyd and has two children, Natalia, age 10, and Nicolas, age 8. Since completing her studies, she served as a substitute teacher in Laredo, and after law school served as an Assistant Federal Public Defender for 3 years, where her performance was consistently rated as substantially exceeding expectations. In 1999, she became an Assistant U.S. Attorney in the Southern District of Texas, where she worked for 8 years and handled over 1,000 cases. In 2002, the Department of Justice awarded her the prestigious Director's Award for superior performance as Assistant U.S. Attorney for her work with several public corruption cases. In 2007, she went with the firm of Thompson & Knight in San Antonio, and now is a partner at Reed, Collins & Sigh. In 2010, she was named by Hispanic Business Magazine one of the top 100 influential Hispanic leaders. In 2011, Super Lawyers named her a Texas Rising Star. She has a solid understanding of the law and a strong reputation in this South Texas community. I believe she is well qualified to handle the daily challenges of being a Federal judge and look forward to working for her confirmation. Thank you very much for letting me intervene and show my support for Ms. Marmolejo. Senator Klobuchar. Well, thank you very much, Senator Hutchison. I'm aware of those heavy caseloads in Texas, so I'm glad that this has moved along and that this nomination has been made. Appreciate it. Senator Hutchison. Thank you. Senator Klobuchar. Senator Grassley. Senator Grassley. Mr. Six, I understand you have the support of two Republican Senators from your State. I congratulate you on that. I have some questions, as I indicated. When you were appointed Attorney General in 2008, there was an ongoing controversy related to the investigation of Dr. Tiller and the Planned Parenthood Clinic and the allegations that they were performing illegal, late-term abortions. Your predecessor closed the investigation and wrote Planned Parenthood a letter, stating that no charges would be filed. The District Attorney continued to pursue charges. According to media reports, you refused to reopen the investigation even though Judge Anderson testified that there were discrepancies in the Planned Parenthood medical records, and that those discrepancies raised ``substantial, factual and legal issues about their competence within the law''. My first question: if you were aware of Judge Anderson's concerns about the medical records prior to making your decision, why didn't you reopen the investigation? Mr. Six. Well, thank you for that question, Senator. As you mentioned, prior to me being appointed Attorney General we had had a period going back to two prior Attorney Generals where the issue you were talking about had been vigorously engaged in a back-and-forth between them. We had an Attorney General that then resigned. When I was appointed, I stepped into some of those challenging issues. There certainly weren't any issues that I sought out, but tried to handle them in the most professional way that we could. We had Assistant Attorney Generals who were working on the case. And like all criminal cases, as the Attorney General, I have a Criminal Division and prosecutors who handle the cases. I don't in any case in our Criminal Division tell the prosecutors what I think they should do or not do. They're given their ethical duties and responsibilities and instructed to seek a conviction for charges that they believe evidence supports. For all the cases we handled in the Attorney General's Office, that's what I did. Senator Grassley. Well, where---- Mr. Six. And the issues---- Senator Grassley. Were you aware of Judge Anderson's concerns prior to making your decision? Mr. Six. Well, there was never a decision on my part to pursue or not pursue that case. It simply wasn't something that was going on. The different---- Senator Grassley. Were you---- Mr. Six. The different cases, including the prosecution of George Tiller, was going on. That continued after I became Attorney General and there were various issues that went up to our Kansas Supreme Court on sensitive medical records. We continued to bring those to the attention of the Supreme Court because they had previously entered instructions for us about how we were to handle those records, and we were very sensitive about that because the prior Attorney General is before the disciplinary board of our State now and has been sanctioned in limited ways by our Supreme Court over various activities relating to that. So I was very sensitive to always bring it to the court and let the court make the decisions. Senator Grassley. Were you ever subject to any pressure or communication with the Governor of the State or anybody in the administration not to pursue charges against Planned Parenthood? Mr. Six. The Governor at the time I took office was now Secretary Sebelius, and I never had a discussion with her about any topics or any cases in the Attorney General's Office in our Criminal Division. We would occasionally brief her on cases before the State. We had a lottery case---- Senator Grassley. You've answered my question. That's OK. Mr. Six. Thank you. Senator Grassley. While your office refused to continue the investigation of Planned Parenthood, Mr. Phil Kline, who was District Attorney and former Attorney General, continued the case. Did you ever seek to impede his prosecution of Planned Parenthood? Mr. Six. Again, when I took office this litigation had been going on for some period of time. The judge you mentioned had previously testified in a hearing overseen by our Kansas Supreme Court before I became Attorney General. The case you've just referenced, the judge received a subpoena to appear in District Court and testify. When any judge in the State is subpoenaed or receives--is sued, they contact the Attorney General's Office for representation. In this case, that is what happened. Given the sensitive nature of the case I thought it would be best to apply outside counsel outside of the office to him. He, under our procedure, got his own attorney and the matter was referred again to our Kansas Supreme Court. The Kansas Supreme Court then issued orders about what the judge should and shouldn't do, and that was the appropriate forum, I thought, for how it should be handled. Senator Grassley. Is that your answer then also to why did you continue to have legal action to compel Mr. Kline to return all documents that he retained from the investigation in the Attorney General's Office? Mr. Six. Again, the medical records, these private patient medical records, were the subject of an order by the Kansas Supreme Court about how they were supposed to be handled. When Mr. Kline left office, he took the entire file and the records with him on the morning he left office. Then another Attorney General, Attorney General Morrison, went into office and he started a case to get those materials returned. That started sometime in January of 2007. I became Attorney General in February of 200--or January 30, 2008. And at the time I became Attorney General, my name was substituted into the caption where the previous Attorney General's name had been. The court ordered that the lawyers show up for oral argument. An Assistant Attorney General from my office showed up and argued the case and again said that these patient records should be redacted to remove identifying information and they should be managed in a secure law enforcement way and put the matter before the Supreme Court. Senator Grassley. The case brought against Planned Parenthood relied in part on Kansas' late-term abortion law. Recently Kansas amended their abortion law to bar abortions at 22 weeks gestation, except to save the mother's life. Do you believe that the Kansas law is consistent with the Supreme Court's decision of Planned Parenthood v. Casey, where the court said that abortion restriction cannot impose ``an undue burden''1A? Mr. Six. You know, when I was Attorney General I did not evaluate that issue. And since I've gone into private practice I haven't had any similar issues like that come out and I haven't read the Kansas statute. I simply haven't studied it, Senator. Senator Grassley. I think I'll put the rest of the questions for answer in writing. [The questions appear under questions and answers.] Senator Klobuchar. OK. Very good. Thank you. Senator Lee. Senator Lee. Thank you very much, Mr. Six, for joining us. I have a special interest in the Tenth Circuit, in part because it includes my State. So, thank you for being with us today. While you were serving as Attorney General of Kansas, 13 States originally filed a lawsuit challenging the constitutionality of the Affordable Care Act, also known as Obama Care, insofar as it relates to the individual mandate aspect of that. It's my understanding that Kansas, after you left office, later became one of the now 26 States. Some of the original States included Florida, Michigan, Pennsylvania, Washington, a whole host of others, including Utah. Kansas has since joined then. A total of 60--26 States have joined in on this, a majority of them--a majority of all States. But when the question was presented to you as to whether or not you wanted to sign documents getting your State involved in it, you were quoted as saying ``arguments have been advanced that the law's requirement that all individuals purchase health insurance is unconstitutional. Under current U.S. Supreme Court precedent, such an argument is highly unlikely to succeed''. Now, that litigation is still ongoing. We've had a couple of courts issue opinions going a couple of different ways. But needless to say, it has proven to be a complex issue, certainly not a straight up-or-down issue. I was wondering if you could just talk to me briefly about kind of what you had in mind, what precedent you were relying on in saying that this is highly unlikely to succeed and that it would be essentially a waste of taxpayer revenue to become involved in a lawsuit. Mr. Six. Yes. Thank you, Senator Lee. What I did with all issues that appeared in the Attorney General's Office, was they would come in and we'd try to apply the best analysis we could. I don't know when in the course of time I made that statement, but, you know, I assigned various claims, the six or so claims under the individual or employer mandate to lawyers in the office. They researched them. They returned reports that we then reviewed. And my opinion after that review was that the great majority of the claims looked unlikely to succeed. I think that's proven true perhaps through all the courts, that maybe four of the claims have uniformly been dismissed. The other thing I did then on the individual mandate, which I think was the most challenging aspect, was we reviewed it as to the State Attorney General, because that's the decision we'd been making. Our analysis was that under the standing cases, that the State Attorney General didn't have the authority to pursue the individual mandate claim. And for those reasons, I thought that our State, you know, given the limitations and the challenges we were facing, had other cases and things that we were struggling to meet the demands of, and for the resources that would be required to get involved in that. You know, we decided not to, and ultimately my view was it would go to an appellate court and the Supreme Court and that would apply to our State anyway. Senator Lee. So it was your conclusion that the State would lack Article 3 standing or prudential standing in order to bring that? Mr. Six. You know, I did not review what the conclusion was before appearing here today. I can just recall, as we analyzed it, as it applied to the Attorney General bringing that claim, we didn't think we had standing. Senator Lee. OK. But your recollection is that your analysis was based on standing rather than on the merits position on the substantive legal outcome? Mr. Six. The standing issue is what we felt like would be determinative on the Attorney General bringing that. We knew that in that case there were individual plaintiffs that may be advancing the claim, and so if it was going to succeed it would apply to our State. And, you know, the final reason really was that our--under our Kansas statutes, the House or the Senate can pass a resolution to have the Attorney General file a lawsuit and the House had that resolution and they voted it down. And certainly we didn't want to be in a position where we were advancing a case that the House and the people at least voted down as far as pursuing. Senator Lee. Sure. Sure. But that wouldn't affect your standing analysis. Mr. Six. No, not on a legal---- Senator Lee. I mean,--has standing or he doesn't. Mr. Six. Correct. Senator Lee. It seems odd to me that an Attorney General could be thought not to have standing to challenge a law that requires substantial investment on the part of the State to set up certain infrastructure with all kinds of mandates that are not necessarily funded, at least not directly to the States. But I understand that to be your position. Now, in response to the argument that the unfunded mandate requiring the States to expand the eligibility standards for Medicaid, or else, you know, in the alternative, lose risking-- risk losing Federal funds. In response to an argument that that might violate the State's rights, the State's Tenth Amendment rights, you argued, as I understand it, that this was a policy argument, not a constitutional argument. How can you defend that statement in light of Prince v. United States and the acknowledge that the Federal Government cannot commandeer State executive or legislative machinery in order to adopt or implement a Federal legislative or administrative program? Mr. Six. Well, I don't recall the context. I don't dispute that I made that statement and that it's accurate. I don't recall the context of what I said at that time. And unfortunately, Senator, I apologize, but I don't know what the Prince case--I have not reviewed that. Senator Lee. OK. But if--in light of that precedent, let's just--just take for a moment--I understand that you haven't had an opportunity to review Prince, but that would make it a constitutional argument as opposed to a policy argument, would it not? Mr. Six. I would say that all of the arguments should be legal arguments and would be decided in a court of law as opposed to a policy. So that might have just been a loose statement on my part. As you know, when you are in the time period we're talking about, I imagine that when I was campaigning for Attorney General, and you make a lot of statements all day all over the State, I would agree that it is a legal argument on each of the claims that have been advanced in the Florida lawsuit as to whether they are constitutional or not constitutional, and those would not be policy arguments. Senator Lee. All right. I see my time has expired. Just as I would do if I were arguing before the Tenth Circuit, I'll yield the floor. Mr. Six. Thank you, Senator. Senator Grassley. I have one more. Senator Klobuchar. OK. One more thing, Senator Grassley. Then I had a few follow-ups. Senator Grassley. I'm going to--even though I asked you a lot of questions about the Planned Parenthood case, I would ask you to submit a full statement regarding your actions and involvement with regard to that case. Then as a result of that, I may have follow-up questions after I review your statement. Would you agree to do that? Mr. Six. Certainly, Senator. Senator Grassley. Thank you. Senator Klobuchar. Thank you. I'm sure I was listening to your exchange with Senator Lee, and I would hope he would put that question in writing so you'd have a chance to look at the case and expand on that more after you have a chance to look at what you said and what the case said. Mr. Six. Thank you. Senator Klobuchar. All right. Very good. And I just want to confirm here, both Senator Moran and Senator Roberts, two Republican Senators, are supporting you for this position? Mr. Six. You know, I have had a conversation with Senator Moran and I wouldn't presume to---- Senator Klobuchar. Well, they've allowed your nomination to go forward. Let me put it that way. Mr. Six. I am here today. Senator Klobuchar. OK. Very good. Senator Lee. Senator Lee. Do we have time for one more round of questions? I just wanted to follow up on a couple of issues. Senator Klobuchar. Sure. I'm actually asking some now. Senator Lee. Oh. Oh, great. OK. Senator Klobuchar. I'm doing my second round and then that would be great. Senator Lee. Then I will follow you. OK. I just wanted to make sure. Senator Klobuchar. OK. Excellent. Very good. And then the--I wanted to follow up a little bit on this-- the questions involving your role as Attorney General. Obviously you were Attorney General representing the State of Kansas in litigation and other matters. Could you describe how you see the role of Attorney General different than the role of a judge, a Circuit Judge? Mr. Six. Well, thank you for that question, Senator. Certainly as Attorney General, you are an advocate often for positions, whether they relate to public safety or other types of activities the office may pursue. At the same time, you're also the legal representative of the State and you defend statutes passed by the State legislature as to their constitutionality. You certainly do that whether you believe it's the right view or the wrong view, or a good statute or a bad statute. It's just your role to support what the legislature has done. So we did that in various ways and represented the State, and certainly if I were fortunate enough to be confirmed, I understand that under our separation of powers, as a judge you're in a completely different role. Senator Klobuchar. Right. And with regard to the discussion on the patient protection Affordable Care Act, in that role you looked at the law and made a legal analysis. Is that right? Mr. Six. Not only that, I assigned it to our Assistant Attorney Generals, experts in various areas, and had them submit reports back to me. Then we met and talked about that. The conclusion not just of me but the research attorneys, the four or five of them in the office that were part of the team and were attorneys that were there prior to my becoming Attorney General, supported the view that I had in the discussion with Senator Lee. Senator Klobuchar. And it sounds like the--just looking at the numbers, the States were basically split on this, whether to get involved in this suit or not. Is that right? Mr. Six. Well, it's---- Senator Klobuchar. Or this appeal. Mr. Six. It appears to be a bit of a rolling boulder gaining some speed, so there are more on now than at the time we made our decision. Senator Klobuchar. OK. Very good. And the--and you also were involved and you wrote a letter objecting to that Nebraksa compromise. Is that correct? Mr. Six. That was shortly before the bill was passed. There was the Cornhusker kickback, or the Nebraska compromise, what they were calling it. Essentially as I understood it, and it was a---- Senator Klobuchar. I suppose you said we have more corn in Kansas. Mr. Six. You know, I don't know if we do or not. But certainly the view of the people in Kansas was that they shouldn't be treated any differently or disfavorably from perhaps the folks in Nebraska. It was a complicated act and a lot of pages. From what we could gather, that was one of the potential results. I wrote a letter to the Congress suggesting that perhaps we shouldn't proceed that way. Mr. Six. And just to clarify the Tiller questions that Senator Grassley had asked, that in fact your office actually prosecuted Tiller on misdemeanor charges. Is that right? Mr. Six. That's correct. When I took over as Attorney General I didn't go back through every case in the office and interject personal opinions into them. We had qualified prosecutors who were pursuing them. The cases that Senator Grassley discussed with me and the case against Dr. Tiller, I took over, and the cases continued with the Assistant Attorney Generals pursuing them, applying their ethical duties as prosecutors, and handling tough cases. There wasn't anybody in the office that would have chose to do that, but when it's your job as a prosecutor that's what you do. Senator Klobuchar. And then just to clarify for the record, Dr. Tiller was the doctor that was killed during church. Is that correct? Mr. Six. That's correct. Senator Klobuchar. Thank you very much. Senator Lee, you had more questions to ask? Senator Lee. Thank you very much. I just wanted to follow up on our previous line of questioning. I noticed that on October 24, 2010, in a local paper in your State, you noted an explanation for your analysis that really wasn't related to the lawsuit, it was related to the constitutionality of the Affordable Care Act generally, saying, ``Following a thorough legal analysis I determined that there were no constitutional defects with the new health care law'', which is different than just saying there's no standing problem. So in light of that, I want to delve into some of those issues for a minute if we could, dealing with the individual mandate. Would you agree, first of all, that James Madison got it right when he said in Federalist #45 that the powers of the Federal Government are few and defined, while those reserved to the States are numerous and indefinite. Do you agree with that general principle? Mr. Six. I would agree with that. I believe the Tenth Amendment supports that. Senator Lee. OK. And in light of that, if in fact the powers of the Federal Government are few and defined, then there does have to be some limit on Federal power. Now, if Congress can wield the power necessary to tell individual Americans, individual Americans living within some State, whether it's Utah, or Kansas, or some other State, if Congress has the power to say to such a person, you must go out and you must buy a specific product, not just any product, but health insurance, the kind of health insurance that we in our infinite wisdom tell you that you must buy. Isn't there a real slippery slope there in the sense that if we can do that and if we can then tell people they've got to buy that or else pay a penalty because it's good for their own health, what would then stop us from telling people that they need to go out and buy two servings of green, leafy vegetables every single day and eat those so that they will be healthy? Couldn't we do that? Mr. Six. Well, I understand the principle you're talking about and I think the Supreme Court, in the United States v. Lopez and United States v. Morrison cases, talked about the limits that you've just articulated. And I certainly would follow those precedents and that guidance. I think it's difficult of course to decide cases in the hypothetical. I think requiring somebody, just thinking about it as you presented it, to ingest something probably raising some substantive due process arguments that may not exist to having to buy something. But I certainly understand the concept you're talking about, and if presented with that I would try to apply certainly the guidance that the Supreme Court has, and hopefully very soon maybe some analogous guidance that may come out of the Fourth Circuit, or certainly from the Supreme Court when they get this issue. Senator Lee. Well, and in fairness if the hypothetical statute we were addressing were one just requiring you to ingest it, in addition to any substantive due process problems that might present, that also would be something regulating non-economic activity, eating, as opposed to actually purchasing health insurance. But couldn't we change that simply by saying you must purchase? In other words, you must take the first $200 a month out of your paycheck and buy two servings of green, leafy vegetables. We're not going to enforce it to make sure you actually eat it, but you have to buy it. How do you distinguish that from the individual mandate in the Affordable Care Act? Mr. Six. Well, I think it is not something that I have analyzed approaching for today and the hypothetical you have referenced. It certainly is, I think, a similar analysis. Senator Lee. And if there are in fact limits on Federal authority, they would certainly have been breached by the time we get to the point of telling people they have to buy $200 of green, leafy vegetables every month. Mr. Six. That seems like an example that perhaps, if you just polled the room here, most people would agree with, I'd say. Senator Lee. OK. And would they be right? Mr. Six. Again, it's hard to decide things in advance in a specific way or commit to what I would rule if that case would appear before the court. But I certainly hear what you're saying and it has a very solid sound to it. Senator Lee. OK. Thank you. Thank you very much. Senator Klobuchar. Anything else? [No response]. Senator Klobuchar. Well, thank you very much, Mr. Six. Mr. Six. Thank you. Senator Klobuchar. I see one of your sons is yawning. I won't say which one. [Laughter.] Senator Klobuchar. But I thank you for appearing before us today. We look forward to hearing from you again. The record will stay open for any additional questions for 1 week. Thank you very much. Mr. Six. I appreciate the Committee's time. Thank you. [The biographical information follows.]
Senator Klobuchar. Very good. Now, does our next panel want to come up? I already introduced all of you. If you could raise your right hand, will you please stand to be sworn. [Whereupon, the witnesses were duly sworn.] Senator Klobuchar. Very good. Thank you, everyone. You all have interesting and good backgrounds. I think we'll start. We'd love to have you introduce the people who are here with you today. Now that the Six's have cleared out, there are some empty seats behind you. Everyone that doesn't have a seat is welcome to move up. Here we go. Let's get Ms. Marmolejo's family. I just love saying your name, as you can tell. There we go. OK. Very good. Ms. Marmolejo, do you want to begin? Let's get everyone seated here. There we go. Do you want to begin and introduce your family? STATEMENT OF MARINA GARCIA MARMOLEJO, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS Ms. Marmolejo. Yes. Thank you, Senator. First of all, I would like to say thank you for the opportunity and the privilege of being here today and for your consideration of my nomination. I would like to begin by thanking our President, Barack Obama, for this nomination and this incredible honor. I would like to thank Congressman Henry Cuellar and his staff for their unconditional and unwavering support. Clearly, I would not be here today if it wasn't for their support and that of the Texas Democratic delegation. I would like to convey a similar sentiment of gratitude to both of my Texas Senators who are here today. They, too, have given me their bipartisan support from the very beginning of this process and I am very grateful for them. I also thank them for such a kind and generous introduction today. And now if I may, I'm pleased and honored to introduced all of my family members. I've got my husband here today, Wesley Boyd, and our two children, Natalia, who is 10 years old, and Nicolas, who is 8 years old. I am blessed to have both of my parents here, Abraham and Marina Garcia, my aunts Drs. Martha and Gloria Marmolejo, my sister Sarah Santos, her husband Frank, and my two-year-old nephew Frankie, my sister Maria Aurora Garcia, her husband Mark McPherson, and their two children, Ava and Levi. And I believe Levi's out in the crying room because he's only 6 months old. My brother Abraham and his wife Melissa could not join us today, but I know that they're watching the webcast and so I salute them today. I also have my cousin Anna Garcia with me here today, and two dear friends, Brigadier General Dixie Morrow, who was confirmed during the 111th Congress, and my friend Janice Ayala. And finally, I would be remiss if I didn't thank some of my friends at home who are watching this webcast who have been incredibly supportive throughout this entire process: Michael McCromm, Ron Adder, Marylou Castillo, Don DeGabriel, Doris Morrow; and my friends at Thompson & Knight: Debbie Alsip, Jim Kowser, John Martin, Richard Roper, and others. Thank you so much. Senator Klobuchar. Well, thank you. And we welcome your extended family here. Ms. Marmolejo. Thank you, Senator. Senator Klobuchar. So we're very glad that you're all here. Mr. Green. [The biographical information follows.]
STATEMENT OF MICHAEL C. GREEN, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE WESTERN DISTRICT OF NEW YORK Mr. Green. Thank you. I would also like to start by thanking the President for the honor of this nomination. I'd like to thank Senator Schumer for recommending me and for his support, and I'd like to thank his staff for all the work that they've done on my behalf. I would like to thank you, Senator, and all of the members of this Committee and Senator Grassley for providing me the opportunity to have this hearing. I would like to also thank Senator Gillebrand for her support throughout this process. Just briefly, if I can introduce my family and some friends here with me. I have my wife Karen here with me, my daughter Victoria, who's a junior at Pittsford-Menden High School. My older daughter Megan could not be with us; she's studying abroad in Spain right now and I believe watching on the webcast. I also have my parents, George and Carol Green with us today. I have a good friend, Mike Donoghue, who's here, and another good friend, Sarah Clark, who's also on Senator Gillebrand's staff, and a long-time assistant, my long-time assistant and friend, Karen Farsace, who's here. I would also like to acknowledge many special friends at home who I believe are watching. I'd like to acknowledge many family members who couldn't be here who are watching. And finally, I would like to acknowledge my staff at the Monroe County District Attorney's Office. It's just an outstanding group of public servants. I want to thank them and acknowledge them as well. Senator Klobuchar. Well, thank you very much, Mr. Green. We welcome your friends and family, and everyone watching via webcast. Ms. Lewis, thank you for being here. You had a nice introduction from Congresswoman Christensen. [The biographical information follows.]
STATEMENT OF WILMA ANTIONETTE LEWIS, NOMINEE TO BE JUDGE FOR THE DISTRICT COURT OF THE VIRGIN ISLANDS Ms. Lewis. Yes, indeed I did. And I would like to thank Congresswoman Christensen for that wonderful introduction. First, though, I will start by thanking President Obama for the honor of this nomination. If I'm confirmed by the Senate, it would be a great privilege for me to have the opportunity to serve in the Virgin Islands, the place that I am always proud to call home. I would also like to thank this Committee for conducting the hearing and for considering my nomination, thank you; Madam Chair, for presiding today; and Senator Grassley, for your presence here as well. I also would like to thank my current boss, Ken Salazar, for his support throughout the process. He's been a great leader, a wonderful boss, and he has given me his complete support during the course of this process and I would like to thank him for that. I do have some family members and friends here whom I'd like to introduce. I will start with my immediate family, and first among those is my mother, Juta Lewis, who's sitting behind me, as Congresswoman Christensen mentioned, a former Customs Official, the Assistant District Director of Customs to the Virgin Islands, retiring after 30 years of service. I would like to acknowledge as well and recognize my late father who's not here with us physically, but I know is here with us in spirit and I'm sure is smiling and is very proud today. It is my mom and my dad to whom I will be eternally grateful for the person whom I have become, because it is their example, it is their love, their support that has made me the person who I am today and I'm very pleased that my mother is here in person and my dad is here in spirit. I will continue with my brother, Warren Lewis, who is also a public servant with some 37 years under his belt. He's currently the executive officer at Interpol, and previously served with the former Immigration and Naturalization Service in a number of capacities, including as Assistant Regional Commissioner and as District Director of two different jurisdictions. He's here as well with his wife and my sister-in-law, Jean Lewis, recently retired from the Internal Revenue Service after some 34 years of government service, and my nephew, Aaron Lewis, who will be a senior this year at St. Mary's College of Maryland. He's a scholar/athlete, I'm proud to say, on the honor roll, on the dean's list there, and also quite the soccer player, having returned last night from Puerto Rico after helping the U.S. Virgin Islands National Soccer team secure a victory in Puerto Rico. So I'm pleased that he is back today. We have some close friends of the family: Leslie Turner, who is the chief legal officer at Coca-Cola, a former colleague and personal friend; Reed Raymond, who is the vice president and administrative officer for the Federal Reserve Bank of Philadelphia. Reed Raymond, another close personal family friend. And also Hon. Thomas Motley, a former colleague of mine and current Superior Court judge here in the District of Columbia. There are a number of other people in the audience who are supporters. I would like to thank some members of my church who are here today, Faith Moravian Church of the Nation's Capital, who always surround me with a blanket of love and support, and they continue to do so today by their presence here, as well as on the webcast where I know some are watching. I have some other personal friends here as well, and also some colleagues from the Department of Interior, in particular the corridor, the Assistant Secretary's corridor. They are here as well. They are tremendous colleagues, hardworking public servants, and I thank them for their support. Thank you very much. Senator Klobuchar. Very good. Thank you. And then, General Quagliotti. [The biographical information follows.]
STATEMENT OF MAJOR GENERAL MARILYN A. QUAGLIOTTI, USA (Ret.], NOMINEE TO BE DEPUTY DIRECTOR FOR SUPPLY REDUCTION, OFFICE OF NATIONAL DRUG CONTROL POLICY Major Quagliotti. Thank you, Senator and Ranking Member Grassley. It's an honor to be here today as President Obama's nominee for Deputy Director for supply reduction at the Office of National Drug Control Policy. I have only one person to introduce, my husband of 30 years, Greg Quagliotti. He's the guy sitting back there with the 82nd Airborne Division pin on today. And I would like to acknowledge the many friends around the world who sent notes and well wishes and who wanted to be here today, but could not because they remain on active duty. Thank you. Senator Klobuchar. Very good. Thank you very much. Thank you, all of you. I'm going to turn it over to Senator Grassley to first ask some questions. Senator Grassley. Mr. Green, have you ever tried a case in Federal court? Have you ever appeared in Federal court? Mr. Green. No, I've not tried a case in Federal court. Senator Grassley. Your Senate questionnaire also states that less than 1 percent of your practice has been in civil proceedings. How are you prepared to handle civil matters in Federal court? Mr. Green. The civil work that I did, Senator, was with Morris & Morris prior to joining the District Attorney's Office. For the last 24 years I have done extensively--or exclusively criminal work in the District Attorney's Office. I think that certainly it will be a transition that I will have to make, but I've proven throughout the course of my career that I can make transitions and I've transitioned into different areas of law. For example, when New York State enacted the capital statute in 1995, I had to make the transition. I was the person designated to get up to speed on capital prosecutions, lead the office, and in fact wound up teaching attorneys around the State how to prosecute capital cases. So this will clearly be a transition, but I think my record shows that given my work ethic and given my ability, I'll be able to make that transition. Senator Grassley. A minority of the ABA Standing Committee found you Not Qualified for the position. Tell the Committee, please, about your background and experience that make you qualified to sit as a Federal District Court Judge. Mr. Green. Certainly. I started my career working at Morris & Morris, doing mainly plaintiffs' personal injury work and real estate work. It was a very short period of time that I was there. I joined the District Attorney's Office, and for the last 24 years have been doing almost exclusively criminal litigation. I've tried about 110 felony cases. In addition to that, I've tried hundreds of misdemeanor cases. I continue to try cases. I've been the District Attorney for the last 8 years and have continued to try the major high-profile cases in our office during that time. I've spent the bulk of my 24 years as an attorney in court, trying major cases, litigating. I think that that experience-- through that experience I know what it takes to be a good judge in a case. I know the difference a good judge can make. I've had the opportunity to see the qualities that judges exhibit that help make sure that justice is done in particular cases. I think that litigation experience will clearly help me make the transition. I think the other thing that will help me make the transition is, as a prosecutor, I'm not just an advocate. Clearly I am an advocate and that's different than the role of a judge, but I'm also tasked with the responsibility of seeking justice. And for the last 24 years, I've done that. While the work that I do seeking convictions may get more publicity, there are many occasions when doing justice requires me or my assistants to dismiss cases or make decisions not to bring charges because that's just. And I think that that experience will also help me make the transition. Senator Grassley. You served as a member of the New York Commission on Sentencing Reform. In a New York Law Journal article you were cited as supporting the proposition that non- violent, drug-addicted offenders should be sent into treatment instead of prison, so long as it does not jeopardize humans' public safety. Would you please explain this idea to the Committee? Mr. Green. Certainly. I did serve as a member of the Sentencing Reform Commission. I was one of 11 members. There was some very vigorous debate on the commission with regard to where New York should go with their sentences and with their legislation, particularly in the area of the drug legislation. I tried to advocate for positions that I felt struck an appropriate balance between providing treatment for people in the criminal justice system that needed treatment, but also making sure that it was done in a way that did not jeopardize public safety. There were some parts of the Sentencing Commission's recommendations that I agreed with and I felt struck that balance appropriately. There were other parts that I disagreed with and felt that they did not strike that balance and that they did not adequately provide for public safety. Senator Grassley. As a prosecutor, what has been your record on prosecuting non-violent drug offenders, particularly focusing on those charged with use or possession as opposed to distribution? Mr. Green. I think the first thing I would say is that sometimes I think it's a misnomer to say ``non-violent'' drug crimes because I think if you just look at the crime itself and the label that you put on it, it doesn't tell the whole story. I think that as a prosecutor, you have to look behind each case and look at the person you're dealing with, look at the record, and try and figure out if this is someone who is a user who's never engaged in violence before, is not posing a risk to the community as opposed to, is this someone who is involved in, for example, gang activity, drug sales. Even if the charge they're arrested for is a possession charge, you know, are they someone who poses a significant danger to the community? That's what I've tried to do as a prosecutor, and on occasions where I feel with drug possession cases, that we have someone who can safely be put into drug treatment without jeopardizing the community, I've certainly supported that position at times. In other cases where I felt that we had an individual with charges pending who posed a significant danger to the community, I've advocated that that person be incarcerated to protect the community. Senator Grassley. My last question. The previous New York Journal that I referred to quoted you as stating that ``both prosecutors and judges should play a meaningful role in who gets placed into treatment''. You're a board member of Huther- Doyle Memorial Institute, a not-for-profit agency that provides addiction treatment and recovery services to drug and alcohol addicts. Do you see any conflict of interest with your current role as District Attorney where you'll recommend treatment in your position as a board member for the institute, an institution providing treatment services, and presumably receiving payment for those services? Mr. Green. I do not see any conflict. If there's a particular issue that came up that I felt posed a conflict I would recuse myself. In terms of the article that you referenced, maybe you can rephrase that part of the question. I'm sorry, I got focused on the Huther & Doyle part. Senator Grassley. I will state the whole question again. Do you see any conflict of interest with your current role as District Attorney where you recommend treatment in your position as board member for the institute, an institution which provides treatment service and presumably receiving payments for those services? Mr. Green. First of all, our office is not involved in terms of making payments. We certainly have a role in recommending or opposing someone being put into treatment. As to the first part of your question where you pointed out that in some instances I felt that prosecutors and judges should have a meaningful role, one of the things that I advocated for throughout the Sentencing Commission proceedings was on what I felt were serious drug felony cases, people who in my community were involved in drug sales, many times were gang members, people that posed a risk to the community. I felt that on those types of cases, prosecutors shouldn't be cut out of the equation. I felt prosecutors had some information, sometimes information that judges don't have, and sometimes information that's very difficult to share on the record. And in certain instances I felt members of the Sentencing Commission were trying to push legislation that would cut prosecutors out of that decisionmaking process and I was opposed to that. As to the Huther-Doyle part of the question, no, I don't see any conflict. I see my role on the board, and my role on the board has been where I can, to help make sure that Huther- Doyle, and frankly other treatment agencies, are aware of the needs of the criminal justice system and are in a position to respond to the needs of the criminal justice system when judges see fit to refer people. Senator Grassley. Thank you, Mr. Green. Thank you, Madam Chairman. Senator Klobuchar. Thank you very much, Senator Grassley. And just to confirm, Mr. Green, the majority of the ABA found you qualified for this position. Is that right? Mr. Green. That's correct. Thank you, Senator. Senator Klobuchar. OK. Very good. And I just thought I'd ask a general experience--a general question of all of you. I just was noting that you all have decades of experience under your belt. That's why I said the word ``experience''. And I thought if you could just each go, the first three of you, go through your--what you describe as your judicial temperament and what you think would make you a good judge. Ms. Marmolejo. Ms. Marmolejo. Thank you, Senator, for the question. Thank you for the question, Senator. I have been fortunate in that I have grown up in the Federal system. My first job out of law school was working as an assistant Federal public defender for a couple of years, and then I worked as a Federal prosecutor for over 8 years. And I believe that during this time my colleagues would describe me as a person who is not only fair, but who possesses a calm and even-tempered demeanor. And I believe the judges should, in fact, possess a calm and even-tempered demeanor, and that's what I would hope to bring to the bench, along with a strong commitment to follow the law in every case and a commitment to approach each case with an open mind, without pre-judging any situation, and to truly give litigants their day in court. Senator Klobuchar. Very good. Mr. Green. Mr. Green. Thank you, Senator. As District Attorney, I think I find myself every day in many pressure-packed situations and I always pride myself on the fact that I am calm as I do my job, I reason through decisions, and I think people respect the work that I do. As a judge, I think that those qualities would serve me well. I think it's important that a judge sets the tone for his or her courtroom, and I would do that through my work ethic, through the quality of my work, and through the dignity and the respect that I show for all parties that appear in my courtroom. In terms of the work itself, I would be the type of judge who, in finding the facts, would make sure to convey to all of the litigants that I understand their position. Once I found the facts, I would apply the law as it is, whether it's from the Constitution, or statutes, or Supreme Court, or Second Circuit cases that I would be bound to follow, and I would try and render decisions promptly as possible because I believe all parties, particularly parties in Federal court, are entitled to justice that's not only appropriate, but also prompt. Senator Klobuchar. Very good. Thank you. And Ms. Lewis. Ms. Lewis. Thank you, Senator. I believe during the course of my professional career I've had the opportunity to perform in a number of different roles, as advocate, as impartial decisionmaker, and in particular as the Inspector General of the Department of the Interior, and as the U.S. Attorney, as counselor, in an in-house capacity of the Department of the Interior, indeed, as teacher as I served as an adjunct faculty member of the George Washington University Law School in terms of--with respect to trial advocacy matters. Throughout the course of that career I believe I have developed the kinds of skills, and indeed the temperament, that would hold me in good stead as a Federal District Judge. I believe I have a very strong commitment to public service, I think as demonstrated by my record. I believe I would be fair, but firm. I listen carefully to all different perspectives before making decisions, and indeed like to hear the opposite perspective to the direction that I am inclined to go. So I believe I would have that as an attribute as well as a judge. I believe I would set a tone for the courtroom. I would strive to do that, in which everyone has the opportunity, all the litigants have their day in court, and to have a full and fair opportunity to be heard. I would be strictly adhering to the rule of law and the precedent, and I think throughout my career I have demonstrated that as well. So I think those skills, those qualities would be the ones that I would seek to bring to the bench. Senator Klobuchar. Thank you very much. General Quagliotti, just a few questions of you. Could you describe what your job is for everyone that you are being nominated for, the Director for Supply Reduction? I can guess, but can you describe it for all of us? General Quagliotti. Yes, Senator. I'll be happy to. In the Office of National Drug Control Policy there are three deputies: one is for supply reduction, which would be the one that I am being nominated for; one is for demand reduction; and one is for State, local and tribal collaboration and coordination. So I would be nominated for Supply Reduction. Senator Klobuchar. OK. Very good. And what's the major focus then? It's on making sure that we reduce our supply of illegal drugs? Is that right? General Quagliotti. Correct. And really the portfolio for this office is mainly an international portfolio, so dealing with countries that are outside the United States which are trying to reduce drug trafficking organizations within their own country. Senator Klobuchar. Very good. And in Panama you spent 2 years as a Brigade Commander, working to stop the flow of illegal drugs into the U.S. And you also advised the Colombia army on command and control issues related to illegal drugs. Can you tell us about this experience and how that will help you in this job? General Quagliotti. Yes, Senator. You know, I've traveled across the world throughout my 32 years as an active duty soldier, spent a lot of time, 9 years, overseas. The 2 years that really impressed me the most was the time that I spent in Panama as Brigade Commander. And during that period of time my organization deployed over 50 times into Central and South America, and during those deployments we were actually supporting projects that were sponsored by the State Department and really the responsibility of SouthCom, which is the military command in that region. We were supporting emerging democracies because at that time, which was 1995 to 1997, we still had insurgency movements in Central and South America. So I really became familiar with the effect that drugs can have on a democracy, on the corrupting effects that it can have with the judicial system, the military, law enforcement, and even in the daily lives of the people who live in the countries. So I believe that I have the international experience, the interagency experience to negotiate, collaborate, and work with Central and South America, as well as other countries, to reduce the flow of drugs into the United States. Senator Klobuchar. Very good. And I also wanted to congratulate you on becoming the first female signal soldier to obtain the rank of Major General. General Quagliotti. Thank you, Senator. [The biographical information follows.]
Senator Klobuchar. Very good. I note that three of our four nominees are women. You broke the glass ceiling, Mr. Green, to be included in this group. [Laughter.] Senator Klobuchar. In any case, I want to congratulate all of you on a job well done. I don't think we have any remaining questions, although Senators are welcome to submit questions for the record. The record will remain open for 1 week. I wish you all well. Thank you and all of your extended families for being here, and those of them watching on webcast. So, have a very good day. With that, this hearing is adjourned. [Whereupon, at 3:43 p.m. the hearing was adjourned.] [Questions and answers and submissions for the record follow.]
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