“NOMINATION OF ROD ROSENSTEIN” published by Congressional Record on April 26, 2017

“NOMINATION OF ROD ROSENSTEIN” published by Congressional Record on April 26, 2017

Volume 163, No. 71 covering the 1st Session of the 115th Congress (2017 - 2018) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“NOMINATION OF ROD ROSENSTEIN” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S2547-S2548 on April 26, 2017.

The Department is one of the oldest in the US, focused primarily on law enforcement and the federal prison system. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, detailed wasteful expenses such as $16 muffins at conferences and board meetings.

The publication is reproduced in full below:

NOMINATION OF ROD ROSENSTEIN

Mr. BOOKER. Mr. President, today I wish to speak about my vote yesterday on the nomination of Rod Rosenstein to be Deputy Attorney General at the U.S. Department of Justice. I voted no on his nomination not because I think he is unqualified or because I think he is unfit for the job. He is neither of those things. Rather, I opposed his nomination because of the troubling actions the Justice Department is taking on criminal justice, civil rights, and immigration issues and because I firmly believe a special prosecutor is needed to investigate Russian interference in the 2016 Presidential election.

Since taking over as our Nation's top law enforcement official, Attorney General Sessions has indicated he wishes to roll back certain actions taken during the Obama administration. For instance, Attorney General Sessions is considering changes to existing Justice Department drug charging policies. I am concerned he will direct Federal prosecutors to increase the use of mandatory minimum penalties in low-

level, nonviolent drug cases. Since 1980, our Federal prison population has increased by nearly 800 percent in large part because of the failed war on drugs and the use of mandatory minimums. Increasing the utilization of mandatory minimums will not make us safer or fix our broken criminal justice system. To the contrary, it will come at great cost--not only to American taxpayers, but to public safety, to families, and to confidence in our justice system. As Deputy Attorney General, Mr. Rosenstein will play a critical role in enacting those changes to existing charging policies.

Attorney General Sessions also recently indicated that the Justice Department may reverse its policy on the use of consent decrees to combat civil rights abuses by law enforcement when they occur. He has consistently criticized the use of consent decrees, and in his first major speech as Attorney General, he vowed to ``pull back'' on Federal suits against State and local police departments for civil rights abuses. There is no doubt that America's law enforcement community deserves our utmost respect and protection. These brave women and men have answered the call to serve and the vast majority of them serve with integrity. However, the Justice Department plays a critical role in assisting police departments struggling to combat systemic practices that unfairly target minorities. Scaling back on the use of consent decrees means civil rights violations may not be remedied. As Deputy Attorney General, Mr. Rosenstein will play a critical role in reversing course on the use of consent decrees.

Finally, the pending investigation into Russian interference in the 2016 Presidential election has caused deep concern and anxiety for many Americans. We owe it to the public to conduct an investigation that is beyond reproach and ensure that every person, regardless of their political affiliation, has confidence in the results no matter what they are. While Mr. Rosenstein is undoubtedly a man of integrity, such an investigation can only be conducted by an independent, special prosecutor. It concerns me that, in his confirmation hearing, Mr. Rosenstein would not commit to appointing such a person.

Mr. Rosenstein has served his country with honor and distinction. He is well respected on both sides of the aisle. In most circumstances, I believe I would have supported his nomination. However, the disturbing agenda on civil and human rights of the Trump administration and the actions Attorney General Sessions continues to advance at the Justice Department and Mr. Rosenstein's responses to questions regarding this agenda at his confirmation hearing leave me deeply troubled about the role he will play as the second highest ranking individual at the Department. For those reasons, I voted no on his nomination to be Deputy Attorney General.

Mr. VAN HOLLEN. Mr. President, I supported Rod Rosenstein's nomination to become Deputy Attorney General. Throughout his 27-year career, Mr. Rosenstein has earned a reputation as a fair and focused administrator of justice. He has served in Maryland in both Republican and Democratic administrations and has earned the distinction of being the longest serving U.S. attorney in the country.

I had the honor to introduce Mr. Rosenstein to the Senate Judiciary Committee at his confirmation hearing. He has aggressively prosecuted not only dangerous gangs and criminals in Maryland but also elected officials who violated the people's trust. He has shown impartiality in these investigations, and his successful prosecutions have led to ethics reforms that increased transparency and public confidence in Maryland.

When Mr. Rosenstein and I met recently, I asked him if he supported the consent decree negotiated between the Obama administration and the city of Baltimore. He assured me that, if the court formally entered the consent decree, he would support its implementation. Attorney General Sessions, however, has frequently expressed skepticism about consent decrees. Baltimore is the only city to invite the Justice Department to conduct a thorough, methodical analysis of its police department in order to foster transparency and increase trust between police officers and Baltimore city residents. As the former U.S. attorney in Maryland, Mr. Rosenstein is well acquainted with the challenges that the city faces. He has prosecuted corruption charges against Baltimore city police officers and should recognize the importance of reform and effective community policing. I trust Mr. Rosenstein will keep his promise to support the consent decree.

In addition to being a top-notch lawyer, Mr. Rosenstein is known for the professional manner in which he runs his current office. In his letter of support, Maryland's Attorney General Brian Frosh notes that Mr. Rosenstein ``inherited an office in turmoil'' when he became Maryland's U.S. attorney, but with a ``steady hand and superb management,'' created a department that is now universally respected. Those skills will be put to the test immediately. Mr. Rosenstein will assume the office of Deputy Attorney General at a tumultuous time for the Justice Department. His job will be to serve justice, not political leaders.

As Mr. Rosenstein and I discussed, the question for him is the same that then-Senator Sessions posed to Sally Yates during her hearing to become Deputy Attorney General. Senator Sessions said: ``You have to watch out because people will be asking you to do things you just need to say no about.'' Senator Sessions then asked: ``Do you think the Attorney General has the responsibility to say no to the President if he asks for something that's improper?'' Like Sally Yates, Mr. Rosenstein said that he would be willing to put his job on the line to uphold the integrity of the Department of Justice.

I believe that any investigation into the ties between the Trump administration and Russian interference in our elections will require the appointment of an independent special counsel, and I have also joined my fellow Senators in calling for a nonpartisan commission.

I also made clear to Mr. Rosenstein that, if the FBI Director did, in fact, request that the Justice Department deny President Trump's unsubstantiated claims that the Obama administration wiretapped Trump Tower, then the Justice Department has a duty to immediately let the public know the truth.

It is vitally important that the American public have faith that our laws apply equally to all Americans, regardless of rank or position. Rod Rosenstein has applied that principle faithfully during his time as U.S. attorney in Maryland. It is essential that he apply the same principle at the Department of Justice.

____________________

SOURCE: Congressional Record Vol. 163, No. 71

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