March 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 6 7157 raise about $300 billion a year. They Sunday, digging deep and putting were confirmed without a single dis- are not refunding that. So this is an- money in, a far greater percentage of senting vote by Democrats. Notwith- other giant problem the President has their pocket—and they are not getting standing that, Senate Republicans with his budget. any tax break for that. They are not have decided to ignore the national se- A couple other concluding points. We getting a tax break. They take a stand- curity challenges this country is facing have a situation here where we should ard deduction and they give to charity since the attacks of 9/11, and they have sit down together and think about our because it helps the people in this returned to their partisan, narrow, ide- children, our grandchildren. Instead of country who are in need. These are ological, and divisive tactics of the giving us what we want today, let us people who barely have enough money 1990s. think about the debt we are passing on to pay for food for their own families, In fact, it was the nomination of Eric to them. What is that debt like? It is as yet they give to charity. Holder to be the Deputy Attorney Gen- though we have taken their credit card Let us stop setting up a straw man eral in 1997 that was the last time a and we are running up their credit card that somehow the very wealthy among President’s choice for Deputy Attorney and they have to pay the finance us won’t give anything to charity if we General was held up in the Senate. He, charges. That means they have to work remove some of their tax breaks. You of course, was also nominated by a harder and they have to pay higher either feel a moral responsibility to Democrat. Senate Republicans have taxes in the future to pay those finance give to charity or not. It is not because unfortunately returned to their old, charges. This debt adds trillions of dol- you are doing it to placate the IRS. tired playbook. They ought to listen to lars in interest payments on their cred- You do it because it is the right thing what is best for the country, not what it card—trillions of dollars. to do. It is like the story in the Gospel they are told to do by radio personal- This is not the direction our country of the widow’s mite. She gave all she ities. should be going in today. We should be had. And to those wealthy who wanted David Ogden will fill the No. 2 posi- thinking about being fiscally respon- to denigrate what she gave, the Lord tion at the Department of Justice. As sible and thinking about future genera- said: She gave more than you did be- Deputy Attorney General, Mr. Ogden is tions, just as generations before us cause she gave all she had. going to be responsible for the day-to- have done. So let us not cry, or pull out the day management of the Justice Depart- world’s smallest violin for this. People Madam President, I yield the floor. ment, including the Department’s crit- will give to charity if they feel they f ical role in keeping our Nation safe can and should help the least among from the threat of terrorism. He is CONCLUSION OF MORNING us, not because they are getting some highly qualified to do so. He is leaving BUSINESS kind of a tax break. a very lucrative and successful career Now, this idea that we must have tax The PRESIDING OFFICER (Mr. in private practice, taking an enor- breaks for the wealthiest here, because, UDALL of New Mexico). Under the pre- mous cut in pay to return to the Jus- after all, that is how we will pay for vious order, morning business is closed. tice Department, where he previously the war in Iraq—remember the last ad- served with great distinction, and hav- f ministration saying: We will give huge ing previously served with such dis- tax breaks and that will pay for the EXECUTIVE SESSION tinction at the Department of Defense. war in Iraq. It gave us the biggest def- Senators KAUFMAN, KLOBUCHAR, and icit in the Nation’s history and it pre- DURBIN made statements yesterday in NOMINATION OF DAVID W. OGDEN cipitated the problems we are having support of the nominee, and I was very TO BE DEPUTY ATTORNEY GEN- today. pleased to hear these three distin- ERAL—Resumed Let us be honest about this. If we give tax breaks, give them to the hard- guished Senators speak so highly and The PRESIDING OFFICER. Under working men and women in this coun- favorably of him. Senator SPECTER, the the previous order, the Senate will pro- try who are paying Social Security Judiciary Committee’s ranking mem- ceed to executive session to consider taxes, who are getting a weekly, or ber, also spoke yesterday in support of the following nomination, which the even hourly salary. They are the ones Mr. Ogden’s nomination, and I was clerk will report. who need the tax breaks. Warren very pleased to hear Senator SPECTER’s The bill clerk read the nomination of Buffett, one of the wealthiest people in statement. I thank them all. David W. Ogden, of Virginia, to be Dep- the world, has argued against these But after that, I was disappointed at uty Attorney General. huge tax breaks for people like himself. the handful of opposition statements The PRESIDING OFFICER. Under As he pointed out, he pays a lesser per- that parroted outrageous attacks the previous order, there will be 2 centage of his income to taxes than against Mr. Ogden that had been hours of debate equally divided and people cleaning up his office—to jani- launched by some on the extreme controlled between the two leaders or tors in his office; to secretaries in his right. These attacks from extremists their designees. office. distort the record of this excellent law- The Senator from Vermont is recog- So let us be honest about this. People yer and this good man. They begin by nized. give to charity if they feel it is their ignoring the truth, the whole truth, Mr. LEAHY. I thank the distin- moral duty, as my wife and I feel it is and then mischaracterizing a narrow guished presiding officer, a good friend to give to charity, not because of any sliver of his diverse practice as a liti- from New Mexico. tax exemption. Let us be honest about gator. Those who contend that Mr. Mr. President, before I begin on the that. Ogden has consistently taken positions David Ogden matter, I have been lis- Now, on the other issue, David against laws to protect children are un- tening to a couple of days of debate not Ogden. The Senate is finally ready to willing to tell the truth. They chose to on Ogden but on the budget, and I see stop the delaying tactics we have had ignore Mr. Ogden’s record and his con- these crocodile tears. Oh, my gosh, we to put up with and will conclude its firmation testimony. might eliminate some of these special consideration of President Obama’s What these critics leave out of their tax breaks given to people making over nomination of David Ogden to be Dep- caricature is the fact that Mr. Ogden $250,000 or $500,000 or $1 million or $2 uty Attorney General. We will finally aggressively defended the constitu- million. My heart breaks for them, it give the nomination an up-or-down tionality of the Child Online Protec- really does, that they do not get all vote that in the past, when George tion Act and the Child Pornography kinds of special tax breaks, that they Bush was President, Senate Repub- Prevention Act of 1996 when he pre- might be unwilling to actually give licans used to claim was a constitu- viously served at the Justice Depart- money to charity. But then I look at tional right of every nominee. ment. In private practice, he wrote a the people who make $25,000 or $30,000 a After all, all four of President Bush’s brief for the American Psychological year—people I see when I go to mass on Deputy Attorney General nominees Association in Maryland v. Craig in

VerDate Mar 15 2010 13:11 Jun 30, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S12MR9.000 S12MR9 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 7158 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 6 March 12, 2009 which he argued for the protection of Levin; White & Case, LLP; former Acting As- In fact, when asked about this point child victims of sexual abuse. sistant Attorney General, Office of Legal in connection with his own nomina- For those who talk about how one Council; former Assistant United States At- tion, Chief Justice Roberts testified: might help out and do charitable torney. Daniel Price; former Assistant to the President and Department of National Secu- . . . it has not been my general view that works, let me tell you about his per- rity Advisor for Internal Economic Affairs. I sit in judgment on clients when they come. sonal life. He has volunteered his time David C. Frederick; Kellogg, Huber, Hansen, ... at the Chesapeake Institute, a clinic Todd, Evans, & Figel, PLLC; former Assist- . . . it was my view that lawyers don’t for sexually abused children. I wonder ant to the Solicitor General. Deval Patrick; stand in the shoes of their clients, and that how many of the people who are out Governor, State of Massachusetts. Douglas good lawyers can give advice and argue any side of a case. here attacking him have given their F. Gansler; Attorney General, State of Mary- own time to help children, especially land. George Terwilliger; White & Case; Basically, he took the same position former United States Attorney for the Dis- sexually abused children. As a former David Ogden did. The difference is trict of Vermont; former Deputy Attorney every single Republican voted for Chief prosecutor, I know how much help General. H. Thomas Wells, Jr.; Maynard, those children need. I ask those who Cooper, & Gale, PC; President of the Amer- Justice Roberts. Apparently, they do want to willy-nilly attack him: Have ican Bar Association. James Robinson; not use the same standard for those you ever given your money or your Cadwalader, Wickersham, & Taft, LLP; nominated by Democrats. time to help these children the way Mr. former Assistant Attorney General, Criminal For nominees of Republican Presi- Ogden has? Division. Jamie S. Gorelick; WilmerHale, dents, Republicans demand that their In his testimony, he demonstrated LLP; former Deputy Attorney General. clients and their legal representations Janet Reno; former Attorney General. his commitment to the rule of law and not be held against nominees. I have Jo Ann Harris; former Assistant Attorney heard this speech in the Judiciary his abhorrence at child pornography General, Criminal Division. John B. and child abuse. Now, these may be in- Bellinger, III; former Counsel for National Committee and on the Senate floor by convenient facts for those who want to Security Matters, Criminal Division. Ken- Republicans: You cannot hold their cli- perpetuate a fraud, but they are the neth Geller; Mayer Brown, LLP; former Dep- ents against them. truth. That truth has led the National uty Solicitor General. Larry Thompson; Whoops; screech; stop—the American Center for Missing and Exploited Chil- former Deputy Attorney General. Manus M. people elected Barack Obama as Presi- Cooney; former Chief Counsel, Senate Judici- dent so, suddenly, the Republicans do dren, the Boys and Girls Clubs of ary Committee. Michael E. Horowitz; America, and the top law enforcement not want that rule anymore. When the Cadwalader, Wickersham, & Taft, LLP; Com- American people elect a Democratic organizations across the country to missioner of United States Sentencing Com- support this nomination and reject the mission. Paul T. Cappuccio; Executive Vice President, they do not want the same misconceived effort of character assas- President and General Counsel of Time War- rules; they want a double standard. sination of this public servant and fam- ner; former Associate Deputy Attorney Gen- I will give one example. It is probably ily man. eral. Peter Keisler, SidleyAustin, LLP; the example that stands out the most. We have the former Deputy Attorney former Assistant Attorney General, Civil Di- Just over a year ago, every Republican vision; former Acting Attorney General. Ra- in the Senate voted to confirm Michael General under President Bush sup- chel L. Brand; WilmerHale, LLP; Assistant porting him, judge advocates general, Mukasey to be Attorney General of the Attorney General for Legal Policy, Depart- United States. They showed no concern the Federal Law Enforcement Officers ment of Justice. Reginald J. Brown; Association, the Fraternal Order of Po- WilmerHale, LLP. Richard Taranto; Farr & that, according to his own statement, lice, the Major Cities Chiefs Associa- Taranto; former Assistant to the Solicitor one of his most significant cases in pri- tion, the National Center for Missing General. Robert F. Hoyt; former Associate vate practice was his representation of and Exploited Children, the National White House Counsel; former General Coun- Carlin Communications, a company Association of Police Organizations, sel to the U.S. Treasury Department. Seth that specialized in what was called Waxman; WilmerHale, LLP; former Solicitor ‘‘Dial-a-Porn’’ services. the National District Attorneys Asso- General. Stuart M. Gerson; former Assistant ciation—an association where I was When a Republican nominee rep- Attorney General, Civil Division. Thomas J. resents someone for Dial-a-Porn, that honored to serve as its vice president Miller; Attorney General, State of Iowa. before I was in the Senate—the Na- Todd Steggerda; WilmerHale, LLP; former is just his client. But when a Demo- tional Narcotic Officers’ Associations’ Chief Counsel to McCain Presidential Cam- cratic nominee represents Playboy Coalition, the National Sheriffs’ Asso- paign. Todd Zubler; WilmerHale, LLP; magazine, oh, that is awful. We are so ciation, the Police Executive Research former Deputy General Counsel to McCain offended. My gosh, we must have the Forum, the National Center for Vic- Presidential Campaign. most delicate sensibilities in America. tims of Crime, and many others. Mr. LEAHY. Mr. President, I might Talk about a double standard. Where In fact, Mr. President, I ask unani- say also that some of the Repub- was the outrage then? Where was the mous consent to have printed in the licans—and they have all been Repub- debate? Where were the concerns? RECORD a list of the 53 letters in sup- licans who have attacked Mr. Ogden— Where were the questions? Oh, wait port the committee received on this are also applying a double standard. just a moment, something just oc- nomination. Nominees from both Republican and curred to me. He was nominated by There being no objection, the mate- Democratic administrations and Sen- George W. Bush. Mr. Ogden has been rial was ordered to be printed in the ators from both sides of the aisle have nominated by Barack Obama. So when RECORD, as follows: cautioned against opposing nominees Karl Rove and Rush Limbaugh gave based on their legal representations on the orders that they were supposed to LETTERS OF SUPPORT FOR THE NOMINATION OF DAVID OGDEN TO BE DEPUTY ATTORNEY behalf of clients. Like many others in oppose and hold up Eric Holder, the GENERAL OF THE UNITED STATES, AS OF this Chamber, I felt privileged to serve first African-American Attorney Gen- MARCH 11, 2009 as a prosecutor, but I would hate to eral in this country, they held him up. CURRENT & FORMER PUBLIC OFFICIALS think I could not have served in that Every one of them voted unani- Beth S. Brinkmann; MorrisonForester, position because, before I was a pros- mously for Alberto Gonzales, who was LLP; former Assistant to the Solicitor Gen- ecutor, I defended people who were ac- finally forced out of office for incom- eral. Bill Lann Lee, Lewis, Feinberg, Lee, cused of crimes. I was a lawyer. I want- petence. But, oh my goodness, Mr. Renaker & Jackson, P.C.; former Assistant ed to make sure clients were given Ogden has been nominated by a Demo- Attorney General, Civil Rights Division. equal protection of the law. If we start crat. What a tough double standard. Carolyn B. Lamm; White & Case, LLP; singling out somebody because of their If you were going to write something former President, District of Columbia Bar. clients, what do you do? Do you say to like this for a novel or story, your edi- Carter Phillips; SidleyAustin, LLP; former Assistant to the Solicitor General. Christine this person: You defended somebody tor would reject it because it seems to Gregoire; Governor, State of Washington. charged with murder and therefore you be so far-fetched. Daniel E. Troy; Senior Vice President and are in favor of murder? Come on, let’s Let’s stop the game playing. We had General Counsel, GlaxoSmithKline. Daniel be honest with where we are. an election last November. If you are

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That is what we need in this I have served in the Senate for 35 time for the slurs and the vicious country. years. I was honored by my colleagues rightwing attacks to stop. The prob- When you see the difficult economic on both sides of this aisle earlier this lems and threats confronting the coun- time we are in—people without jobs, week when I cast my 13,000th vote. I try are too serious. The problems and people who are desperate—it is no sur- worked with both Democrats and Re- threats confronting this country are prise oftentimes you see an increase in publicans and voted for nominees of not problems and threats to just Demo- economic crimes. We see that hap- both parties. I like to think I have crats or just Republicans, they are pening today. never applied a double standard. threats to all Americans. We look at all those factors—Govern- In Mr. Ogden’s case, it is not as In the Department of Justice, the At- ment taxpayer money going out on the though he is only supported by Demo- torney General needs a deputy to help street, the discovery of cases of people crats. His nomination received dozens run and manage that Department, not who have been ripping people off so of letters of support, drawing strong for the personal needs of the Attorney long that it is only when economic endorsements from both Democratic General but for the needs of 300 million times get bad that you actually see and Republican former officials and Americans, to help protect every one of there is embezzlement going on, and high-ranking veterans of the Justice us. then the natural, sad, and unfortunate Department. Larry Thompson, a Senators should join in voting to increase in crime because of difficult former Deputy Attorney General him- confirm this highly qualified nominee, economic times. All that is going on, self, who is highly respected in this this good man, to be Deputy Attorney and that is why I say we need a fully body, certainly highly respected by General of the United States. Our functioning Justice Department. That me—a Republican nominee—wrote that country will benefit and we in the Sen- means we need a Deputy Attorney Gen- ‘‘David will be a superb Deputy Attor- ate will show that we actually do know eral for that Justice Department. ney General.’’ how to do the right thing. Yesterday, at our Judiciary Com- Chuck Canterbury, the national I yield the floor. mittee, the chairman himself said Eric president of the Fraternal Order of Po- The PRESIDING OFFICER. The Sen- Holder, the Attorney General, is all lice, wrote that Mr. Ogden ‘‘possesses ator from Minnesota is recognized. alone up there. He needs help. It is the leadership and experience the Jus- Ms. KLOBUCHAR. Mr. President, I time to move these nominees. tice Department will need to meet the want to acknowledge the great leader- That is why I question why people at challenges which lay before us.’’ ship of Chairman LEAHY in his work in this point would be wanting to delay A dozen retired military offices who getting this very important nomina- his process, would want to not put served as Judge Advocates General en- tion to the floor of the Senate. I rise someone who is clearly qualified to do dorsed Mr. Ogden’s nomination. These once again in support of David Ogden this job into the Justice Department. are military persons who have been to be the next Deputy Attorney Gen- We need to fill this post right now, and Judge Advocates General. I have no eral of the United States of America. I have full confidence David Ogden is idea whether they are Republicans or When I drove in to work today, I the right man at the right time. Why Democrats. I just know they served heard on the news about new develop- do I know this? with distinction in our Armed Forces ments in the Madoff case, about how As I said yesterday, we had a great to protect the rights of Americans. some people had thought $50 billion attorney general’s office in Minnesota Here is what they wrote, that he is ‘‘a had been lost in this country, lost to for years and years under both Repub- person of wisdom, fairness and integ- investors, lost to people who had noth- lican and Democratic administrations, rity, a public servant vigilant to pro- ing left, lost to some of the charities and then something happened. A Re- tect the national security of the United and charitable organizations in this publican-appointed U.S. attorney, Tom States and a civilian official who val- country who, during this difficult time, Heffelfinger, was a friend of mine, U.S. ues the perspective of uniformed law- are trying to help people in need. They attorney under George Bush I and II, yers in matters within their particular thought it was $50 billion, but now it who left of his own accord. When he expertise.’’ was likely $65 billion was lost because left he found out his name was on a list Mr. Ogden’s nomination was reported of one man, one man who committed to be fired. He was replaced with some- by a bipartisan majority of the Senate such fraud—one man. That is what is one who didn’t have management expe- Judiciary Committee 2 weeks ago, hav- going on in this country today—$65 bil- rience, and that office nearly blew up ing been delayed for several weeks. The lion went through the fingers of the Se- over a 2-year period with one person in vote by the Senate Judiciary Com- curities and Exchange Commission, charge. mittee was 14 to 5. The senior Senator and now it is being prosecuted under Now under Attorney General from Minnesota who is now on the Sen- the jurisdiction of the Justice Depart- Mukasey we at least have some peace ate floor was also there. The Assistant ment of the United States. in that office; things have improved. Republican leader voted for Mr. Ogden. Look at the other things going on in But I saw firsthand, when you put The ranking Republican on the com- this country. We have billions of dol- someone who is not necessarily quali- mittee voted for Mr. Ogden. The senior lars coming out of very important in- fied in a job, when you put someone in Senator from South Carolina, who vestments in infrastructure and who is not putting the interests of the served in the Judge Advocate General broadband and jobs in new energy in State first, I can see what happened. So Corps, voted for him. this country. But it is an unprece- Eric Holder and his deputies and those I don’t know what more you can say. dented investment in this country. It is who work for him have a big job on You have these former high-ranking of- something like $700 billion or $800 bil- their hands. ficials, both in the Defense Department lion going out there, and you have the They not only have these white-col- and the Justice Department, of both funds being used to help some of the lar crimes and these enormous issues parties, saying he is the kind of serious credit markets get going again. We all to deal with, they also have a morale lawyer and experienced government know when you put money like that issue in the Justice Department. And servant who understands the special out on the market, there are going to no one, no one says that is not true. role the Department of Justice must be people who try to do bad things. The way you fix morale in an institu- fill in our democracy. There are going to be people who will tion as big as the Justice Department

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You ment reports to the Deputy Attorney case. It has not been my general view that I think these organizations just come sit in judgment on clients when they come to General, the nomination we are consid- and willy-nilly put their names on an ering today, including the FBI, the me. I viewed that as the job of the Court when I was a lawyer. And just as someone endorsement, those organizations, ven- Drug Enforcement Administration, in- once said, you know, it’s the guilty people erable organizations that have been cluding the Bureau of Prisons, and all who really need a good lawyer, I also view here for so long? No. They would not 93 U.S. Attorneys Offices in this coun- that I don’t evaluate whether I as a judge put their name on the endorsement of try. would agree with a particular position when anyone who did not consider the pro- So what do we have here in David somebody comes to me for what I did, which tection of children as one of their para- Ogden? Well, we have someone who has was provide legal advice and assistance. mount goals. They know David Ogden broad experience in law and in govern- So that is what we are talking about will do that. They know what I know: ment: went to Harvard Law School, here. We have someone in this can- David Ogden is a man of integrity and clerked for Justice Harry Blackmun—a didate who has broad support from peo- commitment to the rule of law. He is Minnesotan, may I add—he has been in ple who have served in his role under someone who will work with our Attor- the public sector as a key person in the both Democratic and Republican At- ney General, Eric Holder, to restore Justice Department under Attorney torneys General. We have someone who credibility to the Justice Department, General Reno. He is someone who also has the endorsement of the Fraternal to restore morale, to make it the kind has had private sector experience. I Order of Police, a major law enforce- of place where lawyers, the kids com- personally like that, when someone has ment organization, and someone who ing out of law school, say: That is been in Government and they have also has the endorsement of the Center for where I want to work. I want to go had some private sector experience rep- Missing and Exploited Children. work for Eric Holder and David Ogden. resenting private clients as well. He is While at the Department of Justice, That is what we need restored in our an openminded and moderate lawyer David Ogden also led the Government’s Justice Department. That is why we with broad support from lawyers of all defense of various antipornography need to move this along the Senate political and judicial philosophies. So statutes against constitutional attack, floor. here you have someone with 6 years of even arguing forcefully against the po- I yield the floor. leadership in the Department when the sitions taken by some of those people The PRESIDING OFFICER. The Sen- Department’s morale was, by all ac- he had formerly represented. ator from Vermont. counts, good. We need to put him back For example, while at the Civil Divi- Mr. LEAHY. I thank the Senator in that Department. sion, David Ogden defended the Child I know that people on the other side from Minnesota. She is one of the new- Online Protection Act of 1998, which est additions to the Senate Judiciary of the aisle—there are a few of them— aimed to protect children from harmful have raised issues about clients he had Committee. She has already improved material on the Internet by requiring the quality of our committee by just in the past. I can tell you as a lawyer, pushers of obscene material to restrict I think any lawyer—and there are plen- being there. their sites from access by minors. Obviously, having former prosecutors ty of lawyers in this Chamber—has, in Under David Ogden, the Civil Division fact, represented clients they might on the committee is something I have of the Justice Department aggressively searched for and am happy to have. I not quite agree with, and they need to defended that statute. make sure the ethical rules are fol- appreciate what she has brought to us. While he was head of the Civil Divi- She was in an era when as a prosecutor lowed. sion, David Ogden also defended the I know as a prosecutor I chose to rep- she faced things I did not have to, such Child Pornography Prevention Act, resent the State. But there was no one as the online threats to young people, which expanded the ban on child por- I admired more than those defense law- and she understands what she is say- nography to cover virtual child pornog- yers who were representing people who ing. raphy. I know this as a prosecutor. I were charged with crimes. I did not I see my good friend from Tennessee choose to do that side, but many people know how damaging this is. We had on the floor. did. In our system in the United States cases where people who were preying I yield the floor. of America, when someone gets in trou- on children would actually see their Mrs. FEINSTEIN. Mr. President, I ble or someone needs a lawyer, that is images on the Internet, would figure rise to speak in support of the nomina- your job as a lawyer. I think that if we out who they are. We had one case tion of David Ogden to be Deputy At- use some kind of standard that we are where we went after someone who met torney General of the United States. going to throw people out of this a kid at the mall whom he met on the There is simply no excuse for the Chamber because of clients they had Internet. Then the police looked at all delay in confirming Mr. Ogden. represented whom we did not agree of those images that were on that guy’s In 2004, when the 9/11 Commission with or things they personally had Internet site, and they actually traced issued its report on national security done, it would be a very different them to another kid who did not even issues, it specifically recommended Chamber. know her picture was on that Internet that the Deputy Attorney General and I think people should be very careful site. That is what we are talking other national security nominees be about charges they make and decisions about—explicit images that appear to confirmed without delay. they make about reasons. They can op- depict minors but were produced with- Let me quote from the Commission’s pose a nomination of someone if they out using any real children, or perhaps report: want, but it better be for the right rea- using a real child and putting them in Since a catastrophic attack could occur sons. I believe we have the right rea- the imagery, computer-generated im- with little or no notice, we should minimize sons here. agery. That is what David Ogden did, as much as possible the disruption of na- I know Chairman LEAHY just quoted he protected these statutes. He de- tional security policymaking . . . by accel- this, but it is very important to re- fended these statutes, and he will con- erating the process for national security ap- member. At his own confirmation hear- tinue to do that at the Department of pointments. ing, Chief Justice Roberts said: Justice. The report said the President-elect The principle that you don’t identify the This strong support for families and should make his nomination by Janu- lawyer with the particular views of the cli- children is why David Ogden received ary 20—which President Obama did, he

VerDate Mar 15 2010 13:11 Jun 30, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S12MR9.000 S12MR9 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD March 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 6 7161 nominated Ogden on January 5—and Center for Victims of Crime, the Judge Advo- In a 2001 speech at Northwestern Law the Senate should finish considering cates General, the Boys and Girls Club of School, Ogden explained to a group of the nominee within 30 days. America, and the Partnership for a Drug- students that a government lawyer’s But 66 days later, this nomination is Free America. client is not ‘‘the President, the Con- still pending. The letters state again and again gress, or any agency, although the It is time to get Mr. Ogden in his that Ogden was a standout public serv- views of each may be extremely rel- post so the Department of Justice can ant before and that he is highly quali- evant,’’ his client is the people of the get to the important work ahead. fied for the position of Deputy Attor- ‘‘United States.’’ David Ogden is an extremely strong ney General. The American people will be well Let me read just a few remarks from nominee, and the Deputy Attorney served by having David Ogden on our officials who served in Republican ad- General is a critical official in the Jus- side. He is an outstanding lawyer and a ministrations: Paul Cappuccio, the As- tice Department. dedicated public servant. sociate Deputy Attorney General under The Deputy Attorney General is the It has been 66 days since President George H.W. Bush, has written: second-ranking position in the Depart- Obama nominated David Ogden to be ment and plays a large role in national I consider myself a judicial and legal con- the Deputy Attorney General. servative, and believe it is important to ap- security issues. He is a good nominee that should not point high-quality individuals who will up- be held up. Let’s let him get to work His responsibilities include over- hold the rule of law. In my view, David seeing the closing of the detention fa- Ogden is . . . a person of the highest talent, without any further delay. cility at Guantanamo Bay and the diligence, and integrity. He is, in my view, Mr. COBURN. Mr. President, I would transfer of the remaining 245 detainees an excellent pick. like to take a minute to briefly discuss to new locations, signing FISA intel- Larry Thompson, who was Deputy my opposition to the nomination of ligence applications, and coordinating Attorney General under George W. David Ogden to be Deputy Attorney responses to terrorist attacks. Bush, has said that Ogden is ‘‘a person General of the United States. First, however, I would like to take a He is also responsible for the day-to- of honor who will, at all times, do the minute to respond to allegations made day management of the Justice Depart- right thing for the Department of Jus- yesterday by Senator LEAHY, who criti- ment’s more than 100,000 employees tice and our great country.’’ cized the ‘‘undue delay’’ of David and its budget of over $25 billion. And And from Richard Taranto, a high- Ogden’s nomination and further stated he manages the criminal division, the ranking DOJ lawyer under President that ‘‘It was disturbing to see that the FBI, and the over 90 U.S. attorney’s of- Reagan: ‘‘The country could not do president’s nominee of Mr. Ogden to fices nationwide. better.’’ this critical national security post was This is a critical position both for This is very strong support for held up this long by Senate Repub- the enforcement of our criminal laws Ogden. I also hope that my colleagues licans apparently on some kind of a and for keeping Americans safe from will look closely at his track record as partisan whim.’’ There was no such harm. a public servant. delay. I would like to set the record President Obama has chosen David During the Clinton administration, straight on the Senate’s prompt con- Ogden to be the Deputy Attorney Gen- Ogden proved himself at every turn. In sideration of this nominee. eral, and his record shows why: addition to being promoted three times to high level positions—from Associate President Obama announced Mr. Ogden is a Harvard Law School grad- Ogden’s nomination on January 5, but uate, and a former clerk to a U.S. Su- Deputy Attorney General to Chief of Staff to Assistant Attorney General— the Judiciary Committee did not re- preme Court Justice. ceive his nomination materials until He is a nationally recognized liti- he also received the Attorney General’s Medal in 1999 and the Edmund J. Ran- January 23, and he was not officially gator with over 25 years of experience nominated until January 26. The com- and the cochair of the Government and dolph Award for Outstanding Service in 2001. He took the lead on a landmark mittee promptly held a hearing on his Regulatory Group at one of DC’s top nomination on February 5, just 13 days law firms. lawsuit against the cigarette compa- nies for lying to the American people after receiving his nomination mate- Mr. Ogden is also a former Deputy rials. His hearing record was open for General Counsel and legal counsel at about the health risks of smoking. Under his guidance, the Civil Division written questions for 1 week, until Feb- the U.S. Department of Defense, where ruary 12, and Mr. Ogden returned his he received the highest civilian honor recovered more than $1.5 billion in tax- payer money from Government con- responses on February 18 and 19. you can receive—the Department of Following Mr. Ogden’s hearing, the Defense Medal for Distinguished Public tractors in the health care industry and elsewhere that had overbilled the Judiciary Committee received an un- Service. precedented number of opposition And he is a former Associate Deputy government and defrauded the Amer- ican people. And he vigorously de- phone calls and letters for a Depart- Attorney General, chief of staff and ment of Justice nominee. In total, the counselor to the Attorney General, and fended the Child Pornography Preven- tion Act of 1996 and the Child Online committee has received over 11,000 con- Assistant Attorney General for the Protection Act of 1998. tacts in opposition to his nomination. Civil Division at the Department of This is a nominee who has proven Despite this overwhelming opposition, Justice. himself in Government. the committee promptly voted on Mr. David Ogden knows the Department In his confirmation hearing, Ogden Ogden’s nomination on February 26. of Justice inside and out, and he has al- also laid out his priorities for the fu- I would note that the week prior to ready proven that he can be an effec- ture. He said his top priorities will be the committee’s vote on Mr. Ogden’s tive leader. protecting the national security, re- nomination was a recess week and was In fact, over 50 individuals and storing the rule of law, and restoring the same week the committee received groups have written in to support this nonpartisan law enforcement at DOJ. Mr. Ogden’s answers to his written nomination. He told us that he is committed to questions. Per standard practice, the Ogden has the endorsements of: making sure that DOJ fights financial, committee could not have voted on the Federal Law Enforcement Officers Asso- mortgage and securities fraud effec- him prior to February 26 because the ciation, the Fraternal Order of Police, the tively. record was not complete. Major Cities Chiefs Association, the Na- And he pledged in no uncertain terms Rather than hold this controversial tional Association of Police Organizations, that if confirmed he would ‘‘rec- nomination over for a week in com- the National District Attorneys’ Associa- mittee, which is any Senator’s right, tion, the National Narcotic Officers’ Associa- ommend that protecting children and tion Coalition, the National Sheriffs’ Asso- families should be a top priority, in- Republicans voted on Mr. Ogden’s nom- ciation, the Community Anti-Drug Coali- cluding through the prosecution of ination the first time he was listed, on tions for America, the National Center for those who violate federal obscenity February 26. Five of the eight com- Missing and Exploited Children, the National laws.’’ mittee Republicans voted against his

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In these cases, Mr. Ogden David Ogden has not thought about on his confirmation. has consistently argued the side of the matters of such widespread public de- Even giving Democrats the benefit of pornography producers, opposing legis- bate. the doubt and allowing that Mr. lation designed to ban child pornog- In short, although I am impressed by Ogden’s nomination was announced on raphy, including the Children’s Inter- Mr. Ogden’s credentials, his lack of January 5, 66 days ago, the Senate is net Protection Act of 2000 and the candor in response to my questions still acting as quickly as it has on past Child Protection and Obscenity En- leaves me guessing about the approach Deputy Attorney General, DAG, nomi- forcement Act of 1998. he will take to these and other sen- nees. On average since 1980, Senators At his hearing and in response to sitive issues at the Department of Jus- have been afforded 65 days to evaluate written questions, Mr. Ogden main- tice. While former clients or advocacy DAG nominees. Further, Senators were tained that the views he advocated in should not necessarily disqualify a law- afforded 85 days to evaluate the nomi- these cases were those of his client, yer from such positions, David Ogden nation of Larry Thompson, President and not necessarily his own. While I ac- did not do enough to distance himself Bush’s first DAG nominee and 110 days cept this as plausible, I am unsatisfied from controversial views he advocated to evaluate the nomination of Mark with Mr. Ogden’s unwillingness to an- in the past, often against the interests Filip. Yesterday, Senator Leahy said swer my specific questions about his of the government. Therefore, Mr. he had ‘‘urged’’ the ‘‘fast and complete own personal beliefs. Discerning such Ogden’s performance throughout this confirmation’’ of Mark Filip and that personal views is crucial to adequately nomination process is not enough to ‘‘he was.’’ If 110 days was a ‘‘fast’’ con- evaluating a nominee who may be overcome the unfortunate presump- firmation, then how is 66 days an charged with enforcing the very laws tions created by his record of represen- ‘‘undue delay?’’ In short, I take issue he has opposed in the past. tation. I am unable to support his nom- with the chairman’s characterization It would not have been hard for Mr. ination. of any ‘‘undue delay’’ on this nomina- Ogden to distance himself from some of The PRESIDING OFFICER. The Sen- tion. the extreme views he advanced on be- ator from Tennessee. As a member who shares the con- half of his clients. For example, in his Mr. ALEXANDER. Mr. President, I cerns of the thousands of individuals brief for the American Psychological ask unanimous consent to speak for up who have called the committee, I Association in Casey v. Planned Par- to 15 minutes as in morning business, would now like to explain my opposi- enthood, he wrote: with the time charged to the Repub- tion to David Ogden’s nomination to be it is grossly misleading to tell a woman that lican side on this debate. Deputy Attorney General. abortion imposes possible detrimental psy- The PRESIDING OFFICER. Without If confirmed, Mr. Ogden would be the chological effects when the risks are neg- objection, it is so ordered. second-highest ranking official in the ligible in most cases, when the evidence SECRETARY GEITHNER Department of Justice. The Deputy At- shows that she is more likely to experience Mr. ALEXANDER. I thank the Sen- feelings of relief and happiness, and when torney General possesses ‘‘all the child-birth and child-rearing or adoption ator from Vermont. power and authority of the Attorney may pose concomitant (if not greater) risks Mr. President, this morning Sec- General, unless any such power or au- of adverse psychological effects for some retary Geithner appeared before the thority is required by law to be exer- women depending on their individual cir- Budget Committee. He had good cised by the Attorney General person- cumstances. humor. He was resilient. He did a good ally.’’ He supervises and directs all or- I was disappointed—and somewhat job in his testimony. He said, a variety ganizational units of the Department, shocked—that, given an opportunity to of times, approximately this: There and aides the Attorney General in de- respond to such a statement, the best would be no economic recovery until veloping and implementing Depart- Mr. Ogden could offer was further clari- we fix the banks and get credit flowing mental policies and programs. To say fication that he was representing the again. the least, this is an important position. views of client. When pressed for his I would like to make a constructive America is entitled to the most personal views on the matter, he re- suggestion to our new President, who I qualified and judicious person to fill fused to answer. As a result, I am left think is an impressive individual, and such a crucial role. My concern is that to guess at what this nominee’s views to Secretary Geithner, because while David Ogden falls short of those expec- are on a matter of critical importance. that may be the goal of the Govern- tations. Similarly, I asked Mr. Ogden whether ment, the country is not yet persuaded Mr. Ogden is undoubtedly a bright he believes that adult obscenity con- the Government will do that or can do and accomplished attorney. Although tributes to the sexual exploitation of that. he lacks criminal trial experience that children in any way. Further, I asked I asked Secretary Geithner whether would be helpful in overseeing DOJ him whether he personally believes he is familiar with a book by Ernest components such as the Criminal Divi- that adult obscenity contributes to the May, a longtime professor at the Ken- sion, National Security Division, U.S. demand for prostitutes, and/or women nedy School of Government at Harvard Attorneys’ Offices, FBI, and DEA, it and children who are trafficked into University. The book is called ‘‘Think- appears he is fit to serve as Deputy At- prostitution. His curt response was the ing in Time: The Uses of History for torney General. same for both questions: ‘‘I have not Decision Makers.’’ The reason I asked My concern is with his views on some studied this issue and therefore do not Secretary Geithner about that was be- of the most important issues within have a personal belief.’’ It is hard to cause Ernest May’s book ought to be the Department’s purview. During Mr. believe that a lawyer who devoted sig- required reading for any governmental Ogden’s time as an attorney in private nificant time and energy throughout decision maker. The thesis of the book practice, he vigorously defended very his career to representing the pornog- is that any crisis one may be pre- sensitive and controversial issues such raphy industry would not have an opin- sented—if you are Secretary of Treas- as abortion, pornography, the incorpo- ion on these issues. ury, Secretary of Defense—usually has ration of international law in Constitu- In response to my question about something in history to teach you a tional interpretation, and the uncon- whether he personally believes there is lesson. For example, if you are the stitutionality of the death penalty for a Federal constitutional right to same- Kennedy administration dealing with minors. sex marriage, he replied: ‘‘I have not the Cuban missile crisis in the early While I recognize that lawyers should studied this issue and therefore have 1960s, you may want to look back to not necessarily be impugned for the not developed a personal view as to Hitler’s invasion of Rhineland in 1936

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They don’t wrong lesson from history. I would like lem. They knew the President had to need to explain the whole problem to to suggest to the President and to the fix it. When the President took decisive us anymore. That is not what leaders Secretary of Treasury, in the spirit of action and said he would fix the prob- do. Leaders solve problems. Maybe it Professor May’s book, a couple of anal- lem, the country responded and that needs to be explained enough so we ogies from history that I believe would part of the problem was fixed. The grasp it, but basically Americans are help this country deal with the bank- bank crisis was over. That is analogy looking for Presidential leadership to ing crisis, deal with getting credit No. 1. solve the problem. flowing again, and begin to get us back Analogy No. 2—and I believe the I don’t think we have to be persuaded toward the economic recovery that we analogy is closer to today’s challenge that our impressive new President is all want for our country and that we facing President Obama and Secretary capable of doing more than one thing very badly need. at a time. He may have shown that bet- Geithner and all of us, really—is Presi- The first example comes from Presi- ter than anybody else in history. We dent Eisenhower’s speech in October dent Franklin Delano Roosevelt, who have already had two summits—one on 1952 in which he declared he would end was elected after a deep recession, and health and one on fiscal responsibility. the Korean war. I’d like to read a para- maybe even a depression was already I was privileged to attend one of the underway, much worse than today. Mr. graph from that speech because it summits. I thought it went very well. President, 5,000 banks had failed, and seems to me so relevant to the kind of The President has repealed some of deposits were not insured. What did Presidential leadership that might President Bush’s orders that he didn’t President Roosevelt do? He did one make a difference today. agree with on the environment and thing: Within 2 days after taking the President Eisenhower said: stem cell research. The President has oath of office, he declared a bank holi- The first task of a new administration will been out to a wind turbine factory in day, from March 6 to March 10, 1933. be to review and re-examine every course of Ohio talking about energy. He has per- Banking transactions were suspended action open to us with one goal in view: to suaded Congress to spend a trillion dol- bring the Korean war to an early and honor- across the Nation except for making able end. lars, over my objection, but still he change. He presented Congress with the was able to do that in the so-called Emergency Banking Act. The law em- In these circumstances today, one stimulus bill. The new Secretary of powered the President, through the might say to bring the bank crisis and Education has worked with the Presi- Treasury Department, to reopen banks the credit freeze to an early, honorable dent, and he made a fine speech on edu- that were solvent and assist those that end. cation the other day. He is doing a lot were not. The House passed it after 40 President Eisenhower, then a gen- of things. A lot of things need to be minutes of debate, and the Senate soon eral, not President, said: done. followed. Banks were divided into cat- This is my pledge to the American people. The point is, there is one overriding egories. On the Sunday evening before For this task a wholly new administration is thing that needs to be done today, and the banks reopened, the President ad- needed. The reason for this is simple. The old that is to fix the banks and get Amer- administration cannot be expected to repair ican credit flowing again. President dressed the Nation through one of his what it failed to prevent. signature fireside chats. The President Roosevelt didn’t create the Tennessee assured 60 million radio listeners in In other words, the issue in the Presi- Valley Authority and the CCC and the 1933 that the crisis was over and the dential election of 1952 was change. WPA during the bank holiday. He fixed Nation’s banks were secure. By the be- That is also familiar. It just happened the banks. So my respectful suggestion ginning of April, Americans con- to be the Republicans arguing for is that our impressive, new President fidently returned $1 billion to the change at the time. say to the American people as soon as banking system; the bank crisis was Then the President said: he can, in Eisenhower fashion: I will fix over. Now, there was a lot more to That job requires a personal trip to Korea. the banks. I will get credit flowing come. That was not the end of the I shall make that trip. Only in that way again. I will take all these other impor- Great Depression, but it was the end of could I learn how best to serve the American tant issues facing the country—health people in the cause of peace. I shall go to care, education, energy, on which I am the bank crisis, and it came because of Korea. swift and bold Presidential leadership. eager to work—and I will make them The lesson I would suggest from that On November 29, in the same month subordinate to that goal. In the spirit analogy to our nation’s history, is that he was elected to the Presidency, of President Eisenhower: I will con- President Roosevelt did not try to cre- Dwight D. Eisenhower left for Korea. centrate my full attention on this goal ate the Tennessee Valley Authority The lesson from that instance in his- until the job is honorably done; that and the Civilian Conservation Corps tory, as Ernest May would have us look job being, fixing the banks and getting and the PWA and the WPA and pack at, is not that President Eisenhower credit flowing again. the Supreme Court all in the first ended the Korean war by Christmas or I genuinely believe that if this Presi- month of his term of office. even by Easter of the next year. The dent did that, if he, in effect, made He declared a banking holiday within lesson is that he told the American that speech, cleared the decks, gath- 2 days after taking office. He assured people he had one objective in mind. Of ered around him the bright people he the country that he would fix the prob- all the things going on in 1952—infla- has around him and said to the Amer- lem. He went on the radio not for the tion and other problems—he focused on ican people: Don’t worry, a President purpose of talking about the whole the one that only a President could can do this and I am going to. That range of problems but to say, on March deal with. He did it in memorable statement would be the beginning of 12, 1933: I want to talk for a few min- terms. We remember the phrase today: the economic recovery. Because lack of utes to the people of the United States I shall go to Korea. The people believed confidence is a big part of our problem. about banking. And he explained what him. They elected him. They relaxed a This crisis began with $140 oil prices. was going on. He said: We do not want little bit. The war was ended, and the That was, in the words of FedEx chair- and we will not have another epidemic 1950s were a very prosperous time. man Fred Smith, ‘‘The match that lit of bank failures. He said: We have pro- I wish to make this a constructive the fire.’’ Then there was the housing vided the machinery to restore our fi- and, I hope, timely suggestion because subprime mortgage crisis and then nancial system. the President and the Secretary are banking failures.

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We former Deputy Attorneys General of as a client before you can get a zealous only have one person who can do it. A both parties. advocate for your position. Every law- Senator cannot do it. The Vice Presi- Republican Larry Thompson said: yer is under a duty to zealously advo- dent cannot do it. The Secretary of the David is a person of honor who will, at all cate their client’s position. Treasury cannot do it. No Governor times, do the right thing for the Department So to take a lawyer who has served can do it. The President can; only he of Justice and our great country. As a cit- in private practice with great distinc- can do it. Even though he may be able izen, I am extremely grateful that a lawyer tion and attribute to him personally to do many things well at one time, he of David’s caliber again offers himself for the views of clients is plain dead wrong needs to do one thing until the job is public service. and strikes at the heart of the attor- honorably done. Democrat Jamie Gorelick wrote that ney-client relationship that is the basis My respectful suggestion is that Er- David Ogden ‘‘is a man of unusual of our system of justice. It is a terrible nest May’s book, which reminds lead- breadth and depth who is as well pre- mistake to do that, and particularly to ers to think in terms of history, pared to help lead the Department as exaggerate those positions to the point ‘‘Thinking in Time,’’ is a powerfully anyone who has come in at the outset where he has been accused of sup- apt book for these times. As the Sec- of a new administration can possibly porting things such as child pornog- retary and the President and his advis- be.’’ raphy. It is an appalling misstatement. ers think about how to present to the Second, now more than ever, the De- The major organizations that concern American people what their plan is, partment needs a competent Deputy themselves with the welfare of children they should remember that a part of it Attorney General. I will not go back in this country support David Ogden. is not only developing a strategy. The and review the long sad litany of prob- That should put these false claims to most important part is persuading at lems—to put it mildly—we saw in the rest. However, I do very much regret least half the people they are right. I Bush Justice Department. But the in- that the level of debate over someone believe that means clearing the deck: competence and politicization that ran such as David Ogden in this historic no more summits, no more trips in rampant through that building must body has come to a point where those other directions. Focus attention on never be repeated. sorts of charges are being thrown out, the problem facing the country until The Deputy Attorney General is the completely without factual basis and, the job is honorably done. second ranking member at the Depart- in many respects, in violation of what In Eisenhower fashion, I hope the ment, and some have compared the po- we should as Senators understand to be President will say: I will fix the banks. sition to a chief operating officer. We a core principle, which is that a lawyer I will get credit flowing again. I will need in that office a person who under- is bound to advocate for his client and concentrate my attention on that job stands what makes the Department of to do so does not confer upon the law- until it is done. Justice such an important and unique yer the necessity of agreeing to those I yield the floor, suggest the absence institution, who is committed to re- views. of a quorum, and ask unanimous con- storing the Department’s honor and in- As somebody who spent a good deal sent that the time during the quorum tegrity, who will act independent of po- of time in public service as a lawyer be split evenly between the parties. litical pressure, and who understands and who has spent some time in private The PRESIDING OFFICER. Without the levers within the building that practice as a lawyer as well, I can tell objection, it is so ordered. need to be pulled to get things done. my colleagues that one of the reasons The clerk will call the roll. Based on my review of his background people come to public service is so they The legislative clerk proceeded to and based on his confirmation hearings can vindicate the public interest. call the roll. and based on my personal conversa- David, as Deputy Attorney General, I Mr. WHITEHOUSE. Mr. President, I tions with David, I believe him to be have no doubt whatsoever will serve in ask unanimous consent that the order such a man. a way that vindicates the public inter- for the quorum call be rescinded. I commend Chairman LEAHY for his est, that protects children, that pro- The PRESIDING OFFICER. Without determination to confirm as many De- tects our country, and that serves the objection, it is so ordered. partment nominees as quickly as pos- law. Mr. WHITEHOUSE. Mr. President, I sible. The Department has more than I appreciate the opportunity to say ask unanimous consent that my time 100,000 employees and a budget exceed- this, and I yield the floor. be charged equally to both sides. ing $25 billion. It is also tasked with Mr. President, I suggest the absence The PRESIDING OFFICER. Without confronting the most complex and dif- of a quorum. objection, it is so ordered. ficult legal challenges of our day. The The PRESIDING OFFICER. The Mr. WHITEHOUSE. Mr. President, I Attorney General must have his leader- clerk will call the roll. come to the floor today to urge my col- ship team in place as quickly as pos- The assistant legislative clerk pro- leagues to support the nomination of sible. It is March 12 and the Attorney ceeded to call the roll. David Ogden to be our Deputy Attor- General does not have his Deputy con- Mr. SPECTER. Mr. President, I ask ney General. In doing so, I will make a firmed by this body. Despite some very unanimous consent that the order for few brief points. unfortunate delay tactics that have the quorum call be rescinded. First, Mr. Ogden is extraordinarily taken place, Chairman LEAHY is doing The PRESIDING OFFICER. Without qualified as a lawyer. He has served as all he can to move these nominees in a objection, it is so ordered. the Assistant Attorney General in careful, deliberate, and expeditious Mr. SPECTER. Mr. President, I have charge of the Civil Division, as the manner. I commend him for that effort sought recognition to discuss briefly Chief of Staff to Attorney General and I look forward to supporting him the pending nomination of David Ogden Janet Reno, as the Associate Deputy in that effort. to be Deputy Attorney General. I had Attorney General, and as Deputy Gen- I would also add that as a Senator I spoken on the subject in some detail 2 eral Counsel over at the Department of have found some of the comments that days ago, and my comments appear in Defense. He has a distinguished govern- have been made about Mr. Ogden to be the CONGRESSIONAL RECORD. But I wish ment record. very troubling, and certainly not the to summarize my views today and also He has also been a distinguished law- sort of debate I had in mind when I ran to respond to an issue which has been yer in the private sector, as evidenced to be a Senator. Everybody here who is raised about undue delay on Mr.

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Ogden’s nomination. There has been no and put his resume into the RECORD, so Employment: Law Clerk, Honorable Royce such delay, and I think that is conclu- I need not do that again. C. Lamberth, U.S. District Court for the Dis- sively demonstrated on the record. I noted on Wednesday in some detail trict of Columbia, 1991–1992; Associate, Jen- President Obama announced Mr. the opposition which had been raised ner & Block LLP, Washington , DC, 1992–1997; Counsel to the Attorney General (Janet Ogden’s nomination on January 5, but by a number of organizations—Family Reno), U.S. Department of Justice, 1997–1999; the Judiciary Committee did not re- Research Council, headed by Tony Per- Deputy Assistant Attorney General, U.S. De- ceive the nomination materials until kins; Fidelis, a Catholic-based organi- partment of Justice, Civil Division, 1999–Jan- January 23, and he was not officially zation; the Eagle Forum; and the Alli- uary 2001; Unemployed, January 2001–June nominated until January 26. ance Defense Fund—on the positions 2001; Partner, Jenner & Block LLP, Wash- Then the committee promptly held a which Mr. Ogden had taken in a num- ington, DC, 2001–Present; Managing Partner, hearing on his nomination on February ber of cases. I also noted the judgments Washington, DC office, 2005–Present; Co- Chair, Entertainment and New Media Prac- 5, 13 days after receiving his nomina- that when Mr. Ogden took those posi- tice. tion materials. His hearing record was tions, he was in an advocacy role and is Selected Activities: Named to ‘‘40 under open for written questions for 1 week, not to be held to those policy positions 40,’’ National Law Journal, 2005; Recipient, until February 12, and Mr. Ogden re- as if they were his own. Albert E. Jenner, Jr. Pro Bono Award, Jen- turned his responses on February 18 I noted that the Judiciary Com- ner & Block, 2005; Recognized as one of and 19. mittee is taking a close look at other Lawdragon’s 500 ‘‘New Stars, New Worlds,’’ Following Mr. Ogden’s hearing, the nominees—Elena Kagan, for example— 2006; Named Best Intellectual Property Law- Judiciary Committee received an un- yer in Washington, DC by Washington Busi- on the issue of whether she adequately ness Journal, 2008; Recognized as leading precedented number of opposition calls answered questions. I am meeting with media and entertainment lawyer, Chambers and letters—over 11,000 contacts in op- her later today. Her nomination is & Partners USA, 2007–2008; Member, Amer- position to the nominee, unprecedented pending. Also, the nomination of Ms. ican Bar Association. for someone in this position. Despite Dawn Johnsen involving the issue of Mr. SPECTER. Mr. President, there this opposition, the committee prompt- her contention that denying a woman’s had been some question raised as to ly voted on Mr. Ogden’s nomination on right to choose constitutes slavery and Mr. Perrelli’s representation of clients February 26. a violation of the 13th amendment. in a couple of cases—including the I note that the week prior to the I believe on balance Mr. Ogden ought American Library Association v. At- committee’s vote on Mr. Ogden’s nomi- to be confirmed, as I said on Wednes- torney General Reno, where he ap- nation was a recess week, and it was day, noting the objections, noting the peared on behalf of a coalition of free the same week the committee received concerns, and contrasting them with speech groups and media entities (in- Mr. Ogden’s answers to his written his academic and professional record. cluding Penthouse) arguing that the questions. As is the standard practice, He took advocacy positions well recog- Child Protection Restoration and Pen- the committee would not have voted on nized within the profession, but that is alties Enhancement Act of 1990 him prior to February 26 because the a lawyer’s responsibility. He cannot be criminalized material in violation of record was not complete. held to have assumed those positions the first amendment. Rather than hold this nominee over as his own policy. There were a number of letters filed for a week in committee, which is any We will later today take up the nomi- by pro-life organizations, including the Senator’s right, Republicans voted on nation of the Associate Attorney Gen- Pennsylvania Family Institute, Inter- Mr. Ogden’s nomination for the first eral. While I have the floor, I think it national Right to Life Federation, time he was listed, on February 26. And appropriate to make some comments Family Research Council, and the Na- now, 45 days after Mr. Ogden was nomi- regarding this nomination. tional Right to Life Committee. We nated, the Senate is poised to vote on Thomas Perrelli is the nominee. He have evaluated those issues closely. his nomination. has an outstanding academic record: a I questioned Mr. Perrelli in some de- Even allowing that Mr. Ogden’s nom- graduate of Brown University, Phi tail on the position he took in the ination was announced on January 5— Beta Kappa and magna cum laude, very Terri Schiavo case where he claimed 66 days ago—the Senate is still acting substantial indicators of academic ex- the Federal court did not have jurisdic- as quickly as it has on past Deputy At- cellence. Then Harvard Law School, tion. It seems to me as a legal matter, torneys General. again magna cum laude, 1991; man- the State court did not have exclusive On average, since 1980, Senators have aging editor of the Harvard Law Re- jurisdiction, that the Federal court been afforded 65 days to evaluate Dep- view. He clerked for Judge Lamberth in could take jurisdiction under Federal uty Attorney General nominees. Sen- the U.S. District Court for the District doctrines. He defended his position say- ators were afforded 85 days to evaluate of Columbia. He has been an associate ing that he was taking an advocate’s the nomination of Larry Thompson and at Jenner & Block; counsel to the At- role, and he thought it was a fair argu- 110 days to evaluate the nomination of torney General; Deputy Assistant At- ment to make. My own view was that Mark Filip, both nominated by Presi- torney General; and later a partner in it was a little extreme. dent George W. Bush. In fact, we are Jenner & Block. He was named to the I think all factors considered, the ob- voting on Mr. Ogden’s nomination fast- ‘‘40 under 40’’ list by the National Law jections which have been raised of Mr. er than any of President Bush’s nomi- Journal; a recipient of the Jenner Pro Perrelli as Associate Attorney General nees: Larry Thompson, 85 days; James Bono Award; and recognized as one of turn almost exclusively on positions he Comey, 68 days; Paul McNulty, 147 Lawdragon’s 500 ‘‘New Stars, New took as an advocate. I believe his out- days; and Mark Filip, 110 days. I be- Worlds.’’ standing academic and professional lieve these facts put to rest any allega- Mr. President, I ask unanimous con- record support confirmation. tion there was any delay. sent to have printed in the RECORD his Again, we are taking a very close I spoke on Wednesday urging my col- re´sume´. look at all of the nominees but, on bal- leagues to move promptly, noting I had There being no objection, the mate- ance, it seems to me that is the appro- a call from Attorney General Holder rial was ordered to be printed in the priate judgment. Here, again, we are who said he was needed. Not having RECORD, as follows: almost 2 months into a new adminis- had any top-level people confirmed, I THOMAS J. PERRELLI tration and the Attorney General does think the Attorney General’s request is not have any upper echelon assistants. ASSOCIATE ATTORNEY GENERAL a very valid one. In my position as These confirmations will provide that ranking member, I am pushing ahead Birth: 1966, Falls Church, Virginia. Residence: Arlington, Virginia. assistance. and trying to get the Ogden nomina- Education: A.B., Brown University, magna I think it is fair to note that Mr. tion voted on. cum laude, 1988; Phi Beta Kappa, 1987; J.D., Perrelli’s nomination was supported On Wednesday, I noted the fine aca- Harvard Law School, magna cum laude, 1991; overwhelmingly in the committee, the demic record and professional record Managing Editor, Harvard Law Review. same conclusion I came to. It was a 17-

VerDate Mar 15 2010 13:11 Jun 30, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S12MR9.000 S12MR9 wwoods2 on DSK1DXX6B1PROD with BOUND RECORD 7166 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 6 March 12, 2009 to-1 vote in his favor. Only one Senator The bill clerk called the roll. have had a number of Senators, both voted no and one Senator voted to Mr. DURBIN. I announce that the Republican Senators and Democratic pass. That is showing pretty substan- Senator from West Virginia (Mr. Senators, ask if there is a possibility of tial support. BYRD), the Senator from North Caro- this to be a voice vote. A number of I thank the Chair. I note the presence lina (Mrs. HAGAN), and the Senator them have airplanes to catch. I men- of the distinguished chairman of the from Massachusetts (Mr. KENNEDY) are tion that for Senators on both sides of committee, so I yield the floor to Sen- necessarily absent. the aisle. ator LEAHY. Mr. KYL. The following Senators are I am perfectly willing at some appro- The PRESIDING OFFICER. The Sen- necessarily absent: the Senator from priate time to yield back all our time ator from Vermont. Nebraska (Mr. JOHANNS), the Senator and have a voice vote on President Mr. LEAHY. Mr. President, I under- from Texas (Mr. CORNYN), and the Sen- Obama’s nomination of Thomas J. stand my time has been used. We are ator from Georgia (Mr. ISAKSON). Perrelli to be the Associate Attorney supposed to vote at 2 p.m. I ask unani- Further, if present and voting, the General, the number three position at mous consent that I be able to use the Senator from Texas (Mr. CORNYN) the Justice Department. He is a su- time until 2 o’clock. would have voted ‘‘nay.’’ perbly qualified veteran of the Depart- Mr. SPECTER. Mr. President, if Sen- The PRESIDING OFFICER. Are there ment of Justice who has chosen to ator LEAHY would like my time, he is any other Senators in the Chamber de- leave a lucrative private practice to re- welcome to all of it. siring to vote? turn to public service. This nomination The PRESIDING OFFICER. Without The result was announced—yeas 65, was reported out of the Judiciary Com- objection, it is so ordered. nays 28, as follows: mittee one week ago by a strong, bipar- Mr. LEAHY. Mr. President, I thank [Rollcall Vote No. 97 Ex.] tisan vote of 17–1. I thank Senator the distinguished Senator from Penn- YEAS—65 SPECTER, Senator HATCH, Senator KYL, sylvania for his support of both David Akaka Graham Murray Senator SESSIONS, Senator GRAHAM and Ogden and Thomas Perrelli, both su- Alexander Gregg Nelson (FL) Senator CORNYN for their support of perbly qualified candidates, both of Baucus Harkin Nelson (NE) this important nomination. Bayh Inouye whom will be confirmed this afternoon. Pryor Given Tom Perrelli’s background and Begich Johnson Reed I will speak further about Mr. Perrelli Bennet Kaufman Reid qualifications, this strong support is no after this vote. Bingaman Kerry Rockefeller surprise. He is the managing partner of Bond Klobuchar Sanders Again, I go back to David Ogden. Boxer Kohl the Washington, D.C. office of Jenner & Schumer David Ogden has been strongly sup- Brown Kyl Block. Before that he held important Shaheen Burris Landrieu ported by Republicans and Democrats, Snowe posts at the Justice Department, earn- those who served in the Bush adminis- Cantwell Lautenberg ing a reputation for independence and Cardin Leahy Specter tration and other administrations. I Carper Levin Stabenow integrity, as well as the respect of ca- thought it was a scurrilous attack on Collins Lieberman Tester reer lawyers at the Department. Mr. him because he and his firm supported Conrad Lincoln Udall (CO) Perrelli joined the Justice Department Dodd Lugar Udall (NM) libraries, supported perfectly legal pub- Dorgan McCain Voinovich in 1997 as Counsel to the Attorney Gen- lications, and some Republicans saying Durbin McCaskill Warner eral. In that role, Mr. Perrelli assisted they could not vote for him because of Feingold Menendez Webb the Attorney General in overseeing the that. Feinstein Merkley Whitehouse civil litigation components of the De- Gillibrand Mikulski Wyden I note that these same Republicans partment of Justice, and also worked all voted for Michael Mukasey, a fine NAYS—28 on a wide variety of special projects, gentleman, to be Attorney General, Barrasso Crapo Murkowski including professional responsibility who listed as one of his primary cases Bennett DeMint Risch issues for Department attorneys, and Brownback Ensign Roberts his representation of the TV channel Bunning Enzi Sessions law enforcement in Indian Country. that carries ‘‘Dial-a-Porn.’’ Burr Grassley Shelby From 1999 to 2001, Mr. Perrelli served Now, certainly when a Republican, Casey Hatch Thune as Deputy Assistant Attorney General nominated by a Republican, rep- Chambliss Hutchison Vitter in the Civil Division, supervising the Coburn Inhofe Wicker resented Dial-a-Porn, that seems to be Cochran Martinez Federal Programs Branch. That branch wrong; when a Democrat, nominated Corker McConnell defends Federal agencies in important by a Democrat, represents libraries and NOT VOTING—6 constitutional, regulatory, national se- basically a mainstream men’s maga- Byrd Hagan Johanns curity, personnel and other litigation. zine, that is wrong. Cornyn Isakson Kennedy In addition, he played a leading role on I hope we will avoid in the future The nomination was confirmed. significant policy issues ranging from such double standards. I see a man who The PRESIDING OFFICER. The mo- medical records privacy, the use of ad- has helped children, who has volun- tion to reconsider is considered made justed figures in the census to Indian teered his time, who has given great and laid on the table, and the President gaming, and social security litigation. charity to children, and who has been will be informed of the Senate’s action. A Phi Beta Kappa graduate from supported by the Boys and Girls Clubs, Brown University and graduate of Har- f by the Missing and Exploited Chil- vard Law School where he served as dren’s groups, by the National District NOMINATION OF THOMAS JOHN the Managing Editor of the Harvard Attorneys Association, and by every PERRELLI TO BE ASSOCIATE AT- Law Review, Mr. Perrelli has dem- major law enforcement organization. TORNEY GENERAL onstrated throughout his years in Gov- So, Mr. President, I know time has The bill clerk read the nomination of ernment that he understands that the expired, and I would ask for the yeas Thomas John Perrelli, of Virginia, to role of the Department of Justice is to and nays on confirmation of the nomi- be Associate Attorney General. be the people’s lawyer, with first loy- nation. The PRESIDING OFFICER. The Sen- alty to the Constitution and the laws The PRESIDING OFFICER (Mr. BEN- ator from Vermont is recognized. of the United States. He clerked for NET). Is there a sufficient second? Mr. LEAHY. Mr. President, what is Judge Royce Lamberth, a no nonsense There appears to be a sufficient sec- the agreement on the Perrelli nomina- judge. In private practice, first as an ond. tion? associate at Jenner & Block from 1992 The question is, Will the Senate ad- The PRESIDING OFFICER. There is to 1997 and then, again, from 2001 to the vise and consent to the nomination of to be 90 minutes of debate, evenly di- present where he became a partner and David W. Ogden, of Virginia, to be Dep- vided. then the managing partner of its well- uty Attorney General? Mr. LEAHY. Mr. President, I am only respected Washington office, he is rec- The clerk will call the roll. going to speak for 2 or 3 minutes. I ognized as an outstanding litigator and

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