Senate Judiciary Committee Approves Trump Nominees to be Deputy Attorney General and Associate Attorney General
Tuesday, April 4, 2017
 | The Senate Committee on the Judiciary has approved presidential nominees to fill two subcabinet positions in the Department of Justice that have responsibility over the Department's immigration-related functions. The committee action occurred on Monday, April 3, 2017, in connection with the nominations of Rod J. Rosenstein to be Deputy Attorney General and Rachel L. Brand, to be Associate Attorney General. The Committee approved the Rosenstein nomination by a vote of 19-1]. it approved the Brand nomination by a vote of 11-9. |
The Committee took up the two nominations at the end of a long executive business meeting, during which it also approved the nomination of Neil M. Gorsuch to be an Associate Justice of the Supreme Court of the United States. While the full Senate moved immediately to take up the Gorsuch nomination, it was not c;ear at the time of this writing when it would take up the Rosenstein and Brand nominations.
Background on Deputy Attorney General. The Deputy Attorney General is the second-highest-ranking official in a Department of Justice. He or she oversees the day-to-day operation of the Department, and may act as Attorney General during the absence of the Attorney General.
From an immigration perspective, the Executive Office for Immigration Review (EOIR) reports to the Deputy Attorney General.
Background on Associate Attorney General. The Associate Attorney General is the third-ranking official in the U.S. Department of Justice. The Associate Attorney General advises and assists the Attorney General and the Deputy Attorney General in policies relating to civil justice, federal and local law enforcement, and public safety matters. It oversees a number of entities within the Department.
From an immigration perspective, the position oversees the Office of Immigration Litigation (OIL) and the Community Relations Service.
From an immigration perspective, the Executive Office for Immigration Review (EOIR) reports to the Deputy Attorney General.
Background on Associate Attorney General. The Associate Attorney General is the third-ranking official in the U.S. Department of Justice. The Associate Attorney General advises and assists the Attorney General and the Deputy Attorney General in policies relating to civil justice, federal and local law enforcement, and public safety matters. It oversees a number of entities within the Department.
From an immigration perspective, the position oversees the Office of Immigration Litigation (OIL) and the Community Relations Service.
Committee Consideration. The Senate Committee on the Judiciary only took a couple of minutes to consider the two nominations after first engaging in an exhaustive debate and vote over the Gorsuch nomination.
Voting in favor of Rosenstein's nomination was every committee member except Senator Richard Blumenthal (D-CT), who voted against it.
Voting in favor of the Brand nomination were all 11 Committee Republicans: Chuck Grassley (R-IA), Orrin Hatch (R-UT), Lindsay Graham (R-SC), John Cornyn (R-TX), Mike Lee (R-UT), Ted Cruz (R-TX), Ben Sasse (R-NE), Jeff Flake (R-AZ), Mike Crapo (R-ID), Thom Tillis (R-NC), and John Kennedy (R-LA). Voting against her nomination were all nine Committee Democrats: Dianne Feinstein (D-CA), Patrick Leahy (D-VT), Dick Durbin (D-IL), Sheldon Whitehouse (D-RI), Amy Klobuchar (D-MN), Al Franken (D-MN), Chris Coons (D-DE), Richard Blumenthal (D-CT), and Mazie Hirono (D-HI).
No senator articulated an immigration-related reason for opposing Brand's nomination. Indeed, the only senator to speak on the nomination was Senator Durbin, who cited Brand's efusal to agree to recuse herself from any matters involving the U.S. Chamber of Commerce, for whom she previously worked, as well as her refusal to address his questions on civil rights issues.
Voting in favor of Rosenstein's nomination was every committee member except Senator Richard Blumenthal (D-CT), who voted against it.
Voting in favor of the Brand nomination were all 11 Committee Republicans: Chuck Grassley (R-IA), Orrin Hatch (R-UT), Lindsay Graham (R-SC), John Cornyn (R-TX), Mike Lee (R-UT), Ted Cruz (R-TX), Ben Sasse (R-NE), Jeff Flake (R-AZ), Mike Crapo (R-ID), Thom Tillis (R-NC), and John Kennedy (R-LA). Voting against her nomination were all nine Committee Democrats: Dianne Feinstein (D-CA), Patrick Leahy (D-VT), Dick Durbin (D-IL), Sheldon Whitehouse (D-RI), Amy Klobuchar (D-MN), Al Franken (D-MN), Chris Coons (D-DE), Richard Blumenthal (D-CT), and Mazie Hirono (D-HI).
No senator articulated an immigration-related reason for opposing Brand's nomination. Indeed, the only senator to speak on the nomination was Senator Durbin, who cited Brand's efusal to agree to recuse herself from any matters involving the U.S. Chamber of Commerce, for whom she previously worked, as well as her refusal to address his questions on civil rights issues.
Confirmation Hearing. The Senate Committee on the Judiciary held a hearing on Tuesday, March 7, 2017, during which it examined the nomination of Rosenstein and Brand.
Notwithstanding the two positions' responsibilities overseeing the Department of Justice’s immigration-related activities, most of the questioning that the nominees 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.
The two nominees faced several immigration-related questions, however.
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.”
Notwithstanding the two positions' responsibilities overseeing the Department of Justice’s immigration-related activities, most of the questioning that the nominees 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.
The two nominees faced several immigration-related questions, however.
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.”
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