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Restoring Checks and Balances in the Confirmation Process of United States Attorneys

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Restoring Checks and Balances in the Confirmation Process of United States Attorneys RESTORING CHECKS AND BALANCES INTHE CON- FIRMATION PROCESS OF UNITED STATES AT- TORNEYS HEARING BEFORE THE SUBCOMMITTEE ON COMMERCIAL AND ADMINISTRATIVE LAW OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS FIRST SESSION ON H.R. 580 MARCH 6, 2007 Serial No. 110-22 Printed for the use of the Committee on the Judiciary Available via the World Wide Web: http://judiciary.house.gov U.S. GOVERNMENT PRINTING OFFICE 33-809 PDF WASHINGTON : 2007 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 COMVMITEE ON THlE JUDICIARY JOHN CONYERS, JR., Michigan, Chairman HOWARD L. BERMAN, California LAMAR SMITH, Texas RICK BOUCHER, Virginia F. JAMES SENSENBRENNER, JR., JERROLD NADLER, New York Wisconsin ROBERT C. SCOTT?, Virginia HOWARD COBLE, North Carolina MELVIN L. WATT, North Carolina ELTON GALLEGLY, California ZOE LOFGREN, California BOB GOODLATTE, Virginia SHEILA JACKSON LEE, Texas STEVE CHABOT, Ohio MAXINE WATERS, California DANIEL E. LUNGREN, California MARTIN T. MEEHAN, Massachusetts CHRIS CANNON, Utah WILLIAM D. DELAHUNT, Massachusetts RIC KELLER, Florida ROBERT WEXLER, Florida DARRELL ISSA, California LINDA T. SANCHEZ, California MIKE PENCE, Indiana STEVE COHEN, Tennessee J. RANDY FORBES, Virginia HANK JOHNSON, Georgia STEVE KING, Iowa LUIS V. GUTIERREZ, Illinois TOM FEENEY, Florida BRAD SHERMAN, California TRENT FRANKS, Arizona ANTHONY D. WEINER, New York LOUIE GOHMERT, Texas ADAM B. SCHIFF, Califurnia JIM JORDAN, Ohio ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota [Vacant] PERRY APELBAUML Staff Director and Chiet Counsel JOSEPH GIBSON, Minority Chiet Counsel SUBCOMMITTEE ON COMMERCIAL AND ADMINISTRATIVE LAW LINDA T. SANCHEZ, California, Chairwoman JOHN CONYERS, JR., Michigan CHRIS CANNON, Utah HANK JOHNSON, Georgia JIM JORDAN, Ohio ZOE LOFUREN, California RIG KELLER, Florida WILLIAM D. DELAHUNT, Massachusetts TOM FEENEY, Florida MELVIN L. WATT, North Carolina TRENT FRANKS, Arizona STEVE COHEN, Tennessee MICHONE JOHNSON, Chiet Counsel DANIEL FLORES, Minority Counsel CONTENTS MARCH 6, 2007 TEXT OF BILL Page H.R. 580, To amend chapter 35 of title 28, United States Code, to provide for a 120-day limit to the term of a United States attorney appointed on an interim basis by the Attorney General, and for other purposes ....... 3 OPENING STATEMENT The Honorable Linda T. Sanchez, a Representative in Congress from the State of California, and Chairwoman, Subcommittee on Commercial and Administrative Law ........................................................................ 1 The Honorable Chris Cannon, a Representative in Congress from the State of Utah, and Ranking Member, Subcommittee on Commercial and Adminis- trative Law................................................................................... 5 The Honorable John Conyers, Jr., a Representative in Congress from the State of Michigan, and Member, Subcommittee on Commercial and Admin- istrative Law .............................................................................. 7 WITNESSES Mr. William E. Moschella, Principal Associate Deputy Attorney General, United States Department of Justice Oral Testimony ............................................................................ 10 Prepared Statement........................................................................ 12 Ms. Carol C. Lam, former United States Attorney for the Southern District of California Oral Testimony ............................................................................ 41 Joint Prepared Statement ................................................................ 47 Mr. Daniel Bogden. former United States Attorney for the District of Nevada Oral Testimony ............................................................................ 43 Joint Prepared Statement ................................................................ 47 Mr. David C. Iglesias, former United States Attorney for the District of New Mexico Oral Testimony ............................................................................ 44 Joint Prepared Statement ................................................................ 47 Mr. Paul K. Charlton, former United States Attorney for the District of Arizona Oral Testimony ............................................................................ 44 Joint Prepared Statement ................................................................ 47 Mr. H.E. (Bud) Cummins, former United States Attorney for the Eastern District of Arkansas Oral Testimony ............................................................................ 45 Joint Prepared Statement ................................................................ 47 Mr. John McKay, former United States Attorney for the Western District of Washington Oral Testimony ............................................................................ 46 Joint Prepared Statement ................................................................ 47 The Honorable Darrell E. Issa, a Representative in Congress from the State of California Oral Testimony ............................................................................ 84 Prepared Statement ....................................................................... 105 The Honorable Asa Hutchinson, a former Representative in Congress from the State of Arkansas Oral Testimony........................................................................... 108 Prepared Statement ....................................................................... 110 Mr. John A. Smietanka, former United States Attorney for the Western District of Michigan Oral Testimony........................................................................... 111 Prepared Statement ....................................................................... 112 Mr. Atlee W. Wampler, III, President, The National Association of Former United States Attorneys Oral Testimony........................................................................... 117 Prepared Statement ....................................................................... 119 Mr. George J. Terwilliger, III, former Deputy Attorney General of the United States Oral Testimony........................................................................... 124 Prepared Statement ....................................................................... 126 Mr. T.J. Halstead, Legislative Attorney, American Law Division, Congres- sional Research Service Oral Testimony........................................................................... 131 Prepared Statement ....................................................................... 133 LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING Material submitted by the Honorable Zoe Lofgren, a Representative in Con- gress from the State of California, and Member, Subcommittee on Comnmer- cial and Administrative Law ............................................................. 61 Material submitted by the Honorable Darrell E. Issa, a Representative in Congress from the State of California.................................................. 86 APPENDIX MATERIAL SUBMITTED FOR THE HEARING RECORD Prepared Statement of the Honorable Steve Cohen, a Representative in Con- gress from the State of Tennessee, and Member, Subcommittee on Comnmer- cial and Administrative Law............................................................. 153 Letter from Richard A. Hertling, Acting Assistant Attorney General, pro- viding personnel data on U.S. Attorneys.............................................. 154 E-mail from H.E. Cummins to five other U.S. Attorneys regarding a phone call with Mike Elston, submitted by the Honorable Linda Sanchez, a Rep- resentative in Congress from the State of California, and Chairwoman, Subcommittee on Commercial and Administrative Law .......................... 173 Copy of Medal of Merit presented to David C. Iglesias, submitted by Mr. David C. Iglesias, former United States Attorney for the District of New Mexico ..................................................................................... 174 Letter from Michael A. Battle to David C. Iglesias, submitted by Mr. David C. Iglesias, former United States Attorney for the District of New Mexico ... 176 Letter submitted by Richard L. Delonis, President, National Association of Assistant United States Attorneys ..................................................... 177 Answers to Post-Hearing Questions from John A. Smietanka, former United States Attorney for the Western District of Michigan ............................. 179 Answers to Post-Hearing Questions from George J. Terwilliger, III, former Deputy Attorney General of the United States ...................................... 189 Answer to Post-Hearing Questions from Atlee W. Wampler, III, President, National Association of Former United States Attorneys......................... 198 Answers to Post-Hearing Questions from Daniel Bogden, former United States Attorney for the District of Nevada ........................................... 213 Letter from Christopher K. Barnes to Daniel Bogden transmitting the 2003 E.A.R. report, submitted by Daniel Bogden, former United States Attorney for the District of Nevada ................................................................ 228 Letter from Mary Beth Buchanan to Daniel Bogden, submitted by Daniel Bogden, former United States Attorney for
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