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Confirmation Hearing on the Nominations of Daniel J S. HRG. 108–335 CONFIRMATION HEARING ON THE NOMINATIONS OF DANIEL J. BRYANT TO BE ASSISTANT ATTORNEY GENERAL, OFFICE OF LEGAL POL- ICY, DEPARTMENT OF JUSTICE AND RENE ALEXANDER ACOSTA TO BE ASSISTANT ATTOR- NEY GENERAL, CIVIL RIGHTS DIVISION, DE- PARTMENT OF JUSTICE HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS FIRST SESSION JULY 23, 2003 Serial No. J–108–28 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 91–833 PDF WASHINGTON : 2004 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) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 12:16 Mar 01, 2004 Jkt 091833 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\HEARINGS\91833.TXT SJUD4 PsN: CMORC COMMITTEE ON THE JUDICIARY ORRIN G. HATCH, Utah, Chairman CHARLES E. GRASSLEY, Iowa PATRICK J. LEAHY, Vermont ARLEN SPECTER, Pennsylvania EDWARD M. KENNEDY, Massachusetts JON KYL, Arizona JOSEPH R. BIDEN, JR., Delaware MIKE DEWINE, Ohio HERBERT KOHL, Wisconsin JEFF SESSIONS, Alabama DIANNE FEINSTEIN, California LINDSEY O. GRAHAM, South Carolina RUSSELL D. FEINGOLD, Wisconsin LARRY E. CRAIG, Idaho CHARLES E. SCHUMER, New York SAXBY CHAMBLISS, Georgia RICHARD J. DURBIN, Illinois JOHN CORNYN, Texas JOHN EDWARDS, North Carolina BRUCE ARTIM, Chief Counsel and Staff Director BRUCE A. COHEN, Democratic Chief Counsel and Staff Director (II) VerDate 0ct 09 2002 12:16 Mar 01, 2004 Jkt 091833 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\91833.TXT SJUD4 PsN: CMORC C O N T E N T S STATEMENTS OF COMMITTEE MEMBERS Page Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah ............................ 5 Kennedy, Hon. Edward M., a U.S. Senator from the State of Massachusetts ... 68 prepared statement .......................................................................................... 117 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont, pre- pared statement ............................................................................................ 118 PRESENTERS Ros-Lehtinen, Hon. Ileana, a Representative in Congress from the State of Florida presenting Rene Alexander Acosta, Nominee to be Assistant Attor- ney General, Civil Rights Division, Department of Justice .............................. 2 Allen, Hon. George, a U.S. Senator from the State of Virginia presenting Daniel J. Bryant, Nominee to be Assistant Attorney General, Office of Legal Policy, Department of Justice and Rene Alexander Acosta, Nominee to be Assistant Attorney General Civil Rights Division, Department of Justice ................................................................................................................... 3 Biden, Hon. Joseph R., Jr., a U.S. Senator from the State of Delaware pre- senting Daniel J. Bryant, Nominee to be Assistant Attorney General, Office of Legal Policy, Department of Justice ............................................................... 7 STATEMENTS OF THE NOMINEES Acosta, Rene Alexander, Nominee to be Assistant Attorney General Civil Rights Division, Department of Justice ............................................................. 32 Questionnaire .................................................................................................... 33 Bryant, Daniel J., Nominee to be Assistant Attorney General, Office of Legal Policy, Department of Justice ............................................................................. 9 Questionnaire .................................................................................................... 10 QUESTIONS AND ANSWERS Response of Rene Alexander Acosta to a question submitted by Senator Hatch ..................................................................................................................... 86 Responses of Rene Alexander Acosta to questions submitted by Senator Leahy ..................................................................................................................... 89 Responses of Rene Alexander Acosta to questions submitted by Senator Biden ..................................................................................................................... 104 Responses of Rene Alexander Acosta to questions submitted by Senator Fein- gold ........................................................................................................................ 107 SUBMISSIONS FOR THE RECORD American Association of People with Disabilities, Andrew J. Imparato, Presi- dent and CEO, Washington, D.C., letter ............................................................ 111 Arab American Institute, press release, June 24, 2003 ....................................... 113 Fraternal Order of Police, Chuck Canterbury, National President, Wash- ington, D.C., letter ............................................................................................... 126 International Association of Fire Fighters, Harold A. Schaitberger, General President, Washington, D.C., letter .................................................................... 115 International Union of Operating Engineers, Frank Hanley, General Presi- dent, Washington, D.C., letter ............................................................................ 116 National Asian Pacific American Legal Consortium, Andrew Rice, Wash- ington, D.C., press release ................................................................................... 122 (III) VerDate 0ct 09 2002 12:16 Mar 01, 2004 Jkt 091833 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\91833.TXT SJUD4 PsN: CMORC IV Page National Council of La Raza, Washington, D.C., news release ........................... 123 Warner, Hon. John, a U.S. Senator from the State of Virginia, statement in support of Daniel J. Bryant, Nominee to be Assistant Attorney General, Office of Legal Policy, Department of Justice .................................................... 124 United Brotherhood of Carpenters and Joiners of America, Douglas J. McCarron, General President, Washington, D.C., letter .................................. 127 VerDate 0ct 09 2002 12:16 Mar 01, 2004 Jkt 091833 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\GPO\HEARINGS\91833.TXT SJUD4 PsN: CMORC CONFIRMATION HEARING ON THE NOMINA- TIONS OF DANIEL J. BRYANT TO BE ASSIST- ANT ATTORNEY GENERAL, OFFICE OF LEGAL POLICY, DEPARTMENT OF JUSTICE AND RENE ALEXANDER ACOSTA TO BE AS- SISTANT ATTORNEY GENERAL, CIVIL RIGHTS DIVISION, DEPARTMENT OF JUS- TICE WEDNESDAY, JULY 23, 2003 UNITED STATES SENATE, COMMITTEE ON THE JUDICIARY, Washington, DC. The Committee met, pursuant to notice, at 2:14 p.m., in room SD–226, Dirksen Senate Office Building, Hon. Orrin G. Hatch, Chairman of the Committee, presiding. Present: Senators Hatch, Sessions, Leahy, Kennedy, Biden, and Feingold. Chairman HATCH. I apologize for being late. We had a fairly con- tentious markup this morning in the Judiciary Committee, and I have been trying to catch up ever since. But we are delighted to have all of you here. I am going to defer my remarks, since I have held up these two wonderful Members of Congress, until after they make their re- marks. And so we welcome you, Senator Allen, and we appreciate the leadership you are providing in the Senate. We look forward to hearing your testimony, and then we will listen to Ileana Ros- Lehtinen and go from there. Ileana, you are an old friend, and we really appreciate having you here and walking all the way over from the other side of the Hill. So we appreciate having you here. Senator Allen? Senator ALLEN. Thank you, Mr. Chairman, and I appreciate the courtesy. I am going to extend courtesy to Congresswoman Ileana Ros-Lehtinen. They actually have votes going on now, and I will defer to her. And I know we have a vote coming up ourselves, but I am going to let Ileana go first because I don’t want her to miss votes. This introduction is important, but votes are, too. Chairman HATCH. That would be great. Ileana? (1) VerDate 0ct 09 2002 12:16 Mar 01, 2004 Jkt 091833 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\GPO\HEARINGS\91833.TXT SJUD4 PsN: CMORC 2 PRESENTATION OF RENE ALEXANDER ACOSTA, NOMINEE TO BE ASSISTANT ATTORNEY GENERAL, CIVIL RIGHTS DIVI- SION, DEPARTMENT OF JUSTICE, BY HON. ILEANA ROS- LEHTINEN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA Representative ROS-LEHTINEN. Thank you for the Western hospi- tality as well as the Southern gentlemanliness, so thank you very much to both Senators. It is a pleasure to be with all of you today, and I am especially proud to introduce to you Alex Acosta, the Presidential nominee to the position of Assistant Attorney General for Civil Rights. Alex is a dynamic and dedicated member of our community. I consider him a South Floridian. Senator Allen considers him a proud Virginian. But he has been an exemplary public servant for many years. His background as a Principal Deputy Assistant Attorney General in Civil Rights and his appointment by the President to the National Labor Relations Board have afforded him the opportunity to fully appreciate and comprehend civil rights issues, and he would make a tremendous asset to the Department of Justice. Alex’s careful and deliberate approach to law enforcement as- sisted in the successful prosecution of violations of civil rights and laws that help set the tone for the constructive dialogue on civil rights issues. If confirmed as Assistant Attorney General for Civil Rights, Alex would
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