Senate Judiciary Committee Chairman Holds Up Vote on Deputy Attorney General Nominee
Wednesday, March 15, 2017
 Rod J. Rosenstein | Senate Judiciary Committee Chairman Charles Grassley (R-IA) has informed the Trump Administration that he will not schedule a vote in the committee on the President's nominee to be Deputy Attorney General until the Committee has received a briefing from the Director of the Federal Bureau of Investigations (FBI) in the Trump campaign's dealings with Russia.. While the nomination of Rod J. Rosenstein to the position does not appear to be in jeopardy, it is a powerful indication that even members of the Republican leadership is becoming increasingly restive about reports of ties between the Trump campaign and Russian intelligence officials. |
Judiciary Committee Hearing. The Senate Committee on the Judiciary held a hearing last week, during which it examined the nomination of Rosenstein, at the time the U.S. Attorney for the District of Maryland, to be Deputy Attorney General, a position that oversees the day-to-day operations of the Department, performs the functions of the Attorney General during the absence of the Attorney General, and oversees the Executive Office for Immigration Review (EOIR). Last week’s hearing took place on Tuesday, March 7, 2017
Notwithstanding the position’s responsibilities overseeing the Department of Justice’s immigration-related activities, most of the questioning that the nominee faced during the hearing related to the controversy over how the Department of Justice should proceed in investigating the question of whether Trump Administration officials who had been part of the President’s 2016 campaign had impermissible ties to Russia and Russian intelligence operations.
In addition to examining the Rosenstein nomination, the March 7th Senate hearing also examined the nomination of Rachel L. Brand to be Associate Attorney General, a position that oversees the Office of Immigration Litigation. Rosenstein and Brand were the only witnesses who testified at the hearing.
Notwithstanding the position’s responsibilities overseeing the Department of Justice’s immigration-related activities, most of the questioning that the nominee faced during the hearing related to the controversy over how the Department of Justice should proceed in investigating the question of whether Trump Administration officials who had been part of the President’s 2016 campaign had impermissible ties to Russia and Russian intelligence operations.
In addition to examining the Rosenstein nomination, the March 7th Senate hearing also examined the nomination of Rachel L. Brand to be Associate Attorney General, a position that oversees the Office of Immigration Litigation. Rosenstein and Brand were the only witnesses who testified at the hearing.
Immigration Matters Explored. The two witnesses faced several immigration-related questions.
Senator Thom Tillis (R-NC) asked the witnesses what they could assure him about the “tremendous” backlogs in immigration cases in the immigration courts, Senator Jeff Flake (R-AZ) asked about Operation Streamline, Senator Ted Cruz (R-TX) commented on so-called “sanctuary cities” and is view that the Obama Administration failed to enforce immigration laws, and Senator Mazie Hirono (D-HI) asked about expedited removal.
Mr. Rosenstein indicated he was not familiar enough with Operation Streamline to respond to that question and asserted that expedited removal was more of a question for DHS than DOJ. However, he did address the issue of backlogs in the immigration court system.
On that subject of backlogs in immigration court cases, Mr. Rosenstein responded by saying he would examine “whether or not there are procedural changes we ca make,” as well as whether the Department needs “more resources in order to move those cases more quickly.”
Ms. Brand expressed agreement with Mr. Rosenstein and added, “I know that during my former time at the Justice Department, there was a significant management challenge involved in finding the resources to address the incredibly high volume of immigration appeals. I don't know exactly where that stands now, but I would be happy to look at that as I'm confirmed.”
On Senator Cruz’s comment about the enforcement of immigration law, Mr. Rosenstein asserted that “I will certainly commit to faithfully and fairly upholding the law without regard to politics.”
Outlook for the Two Nominations. At the time of this writing, there was no known opposition in either the Committee or in the full Senate to either Rosenstein or Brand's nominations..
Senator Thom Tillis (R-NC) asked the witnesses what they could assure him about the “tremendous” backlogs in immigration cases in the immigration courts, Senator Jeff Flake (R-AZ) asked about Operation Streamline, Senator Ted Cruz (R-TX) commented on so-called “sanctuary cities” and is view that the Obama Administration failed to enforce immigration laws, and Senator Mazie Hirono (D-HI) asked about expedited removal.
Mr. Rosenstein indicated he was not familiar enough with Operation Streamline to respond to that question and asserted that expedited removal was more of a question for DHS than DOJ. However, he did address the issue of backlogs in the immigration court system.
On that subject of backlogs in immigration court cases, Mr. Rosenstein responded by saying he would examine “whether or not there are procedural changes we ca make,” as well as whether the Department needs “more resources in order to move those cases more quickly.”
Ms. Brand expressed agreement with Mr. Rosenstein and added, “I know that during my former time at the Justice Department, there was a significant management challenge involved in finding the resources to address the incredibly high volume of immigration appeals. I don't know exactly where that stands now, but I would be happy to look at that as I'm confirmed.”
On Senator Cruz’s comment about the enforcement of immigration law, Mr. Rosenstein asserted that “I will certainly commit to faithfully and fairly upholding the law without regard to politics.”
Outlook for the Two Nominations. At the time of this writing, there was no known opposition in either the Committee or in the full Senate to either Rosenstein or Brand's nominations..
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