[Senate Hearing 113-515, Part 9] [From the U.S. Government Publishing Office] S. Hrg. 113-515, Pt. 9 CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS ======================================================================= HEARINGS BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS SECOND SESSION ---------- JUNE 4, JUNE 24, JULY 24, and JULY 29, 2014 ---------- Serial No. J-113-1 ---------- Part 9 ---------- Printed for the use of the Committee on the Judiciary [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] __________ U.S. GOVERNMENT PUBLISHING OFFICE 24-286 PDF WASHINGTON : 2017 ---------------------------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman DIANNE FEINSTEIN, California CHUCK GRASSLEY, Iowa, Ranking CHUCK SCHUMER, New York Member DICK DURBIN, Illinois ORRIN G. HATCH, Utah SHELDON WHITEHOUSE, Rhode Island JEFF SESSIONS, Alabama AMY KLOBUCHAR, Minnesota LINDSEY GRAHAM, South Carolina AL FRANKEN, Minnesota JOHN CORNYN, Texas CHRISTOPHER A. COONS, Delaware MICHAEL S. LEE, Utah RICHARD BLUMENTHAL, Connecticut TED CRUZ, Texas MAZIE HIRONO, Hawaii JEFF FLAKE, Arizona Kristine Lucius, Chief Counsel and Staff Director Kolan Davis, Republican Chief Counsel and Staff Director C O N T E N T S ---------- JUNE 4, 2014, 10:02 A.M. STATEMENTS OF COMMITTEE MEMBERS Page Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa...... 2 Leahy, Hon. Patrick J. Leahy, a U.S. Senator from the State of Vermont........................................................ 1 prepared statement........................................... 185 STATEMENTS OF THE NOMINEES Witness List..................................................... 13 Crawford, Hon. Geoffrey W., Nominee to be U.S. District Judge for the District of Vermont............................................ 3 biographical information..................................... 14 Firestone, Hon. Nancy B., Nominee to be Judge of the U.S. Court of Federal Claims.............................................. 4 biographical information..................................... 64 Griggsby, Lydia Kay, Nominee to be Judge of the U.S. Court of Federal Claims................................................. 4 biographical information..................................... 121 Halkowski, Thomas L., Nominee to be Judge of the U.S. Court of Federal Claims................................................. 4 biographical information..................................... 154 QUESTIONS Questions submitted to Hon. Geoffrey W. Crawford by Senator Grassley....................................................... 186 Questions submitted to Hon. Nancy B. Firestone by Senator Grassley....................................................... 190 Questions submitted to Lydia Kay Griggsby by Senator Grassley.... 191 Questions submitted to Thomas L. Halkowski by Senator Grassley... 192 ANSWERS Responses of Hon. Geoffrey W. Crawford to questions submitted by Senator Grassley............................................... 193 Responses of Hon. Nancy B. Firestone to questions submitted by Senator Grassley............................................... 200 Responses of Lydia Kay Griggsby to questions submitted by Senator Grassley....................................................... 202 Responses of Thomas L. Halkowski to questions submitted by Senator Grassley............................................... 204 LETTER RECEIVED WITH REGARD TO HON. GEOFFREY W. CRAWFORD American Bar Association, May 21, 2014, letter................... 207 C O N T E N T S ---------- JUNE 24, 2014, 10:18 A.M. STATEMENTS OF COMMITTEE MEMBERS Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa, prepared statement........................................... 500 Schumer, Hon. Chuck, a U.S. Senator from the State of New York presenting Brenda K. Sannes, Nominee to be District Judge for the Northern District of New York.............................. 215 PRESENTERS Baldwin, Hon. Tammy, a U.S. Senator from the State of Wisconsin presenting Hon. Pamela Pepper, Nominee to be District Judge for the Eastern District of Wisconsin.............................. 214 Cardin, Hon. Benjamin L., a U.S. Senator from the State of Maryland presenting Pamela Harris, Nominee to be U.S. Circuit Judge for the Fourth Circuit............................................. 211 Johnson, Hon. Ron, a U.S. Senator from the State of Wisconsin presenting Hon. Pamela Pepper, Nominee to be District Judge for the Eastern District of Wisconsin.............................. 213 Mikulski, Hon. Barbara A., a U.S. Senator from the State of Maryland presenting Pamela Harris, Nominee to be U.S. Circuit Judge for the Fourth Circuit............................................. 209 STATEMENTS OF THE NOMINEES Witness List..................................................... 233 Harris, Pamela, Nominee to be U.S. Circuit Judge for the Fourth Circuit........................................................ 218 biographical information..................................... 234 McCarthy, Patricia M., Nominee to be Judge of the U.S. Court of Federal Claims................................................. 228 biographical information..................................... 420 Pepper, Hon. Pamela, Nominee to be U.S. District Judge for the Eastern District of Wisconsin.................................. 226 biographical information..................................... 302 Sannes, Brenda K., Nominee to be U.S. District Judge for the Northern District of New York.................................. 227 biographical information..................................... 385 Somers, Hon. Jeri Kaylene, Nominee to be Judge of the U.S. Court of Federal Claims.............................................. 229 biographical information..................................... 455 QUESTIONS Questions submitted to Pamela Harris, Hon. Pamela Pepper, and Brenda K. Sannes by Senator Cruz............................... 530 Questions submitted to Pamela Harris by: Senator Grassley............................................. 503 Follow-up questions submitted by Senator Grassley............ 528 Questions submitted to Patricia M. McCarthy by Senator Grassley.. 526 Questions submitted to Hon. Pamela Pepper by Senator Grassley.... 518 Questions submitted to Brenda K. Sannes by Senator Grassley...... 522 Questions submitted to Hon. Jeri Kaylene Somers by Senator Grassley....................................................... 527 ANSWERS Responses of Pamela Harris to questions submitted by: Senator Cruz................................................. 556 Senator Grassley............................................. 531 Follow-up questions submitted by Senator Grassley............ 559 Responses of Patricia M. McCarthy to questions submitted by Senator Grassley............................................... 581 Responses of Hon. Pamela Pepper to questions submitted by: Senator Cruz................................................. 569 Senator Grassley............................................. 562 Responses of Brenda K. Sannes to questions submitted by: Senator Cruz................................................. 579 Senator Grassley............................................. 571 Responses of Hon. Jeri Kaylene Somers to questions submitted by Senator Grassley............................................... 585 LETTERS RECEIVED WITH REGARD TO PAMELA HARRIS Adler, Amy, et al., June 20, 2014, letter........................ 590 American Bar Association, May 9, 2014, letter.................... 588 Culvahouse, Arthur B., Jr., et al., June 23, 2014, letter........ 603 Garre, Gregory G., et al., June 20, 2014, letter................. 599 Leadership Conference on Civil and Human Rights, The, June 23, 2014, letter................................................... 597 National Women's Law Center (NWLC), June 23, 2014, letter........ 607 Rolfe, Harold E., June 27, 2014, letter.......................... 605 LETTER RECEIVED WITH REGARD TO HON. PAMELA PEPPER American Bar Association, May 2, 2014, letter.................... 609 LETTER RECEIVED WITH REGARD TO BRENDA K. SANNES American Bar Association, May 9, 2014, letter.................... 611 C O N T E N T S ---------- JULY 24, 2014, 10:15 A.M. STATEMENT OF COMMITTEE MEMBER Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa...... 621 PRESENTERS Casey, Hon. Robert P., Jr., a U.S. Senator from the State of Pennsylvania presenting Wendy Beetlestone, Nominee to be District Judge for the Eastern District of Pennsylvania; Mark A. Kearney, Nominee to be District Judge for the Eastern District of Pennsylvania; Joseph F. Leeson, Jr., Nominee to be District Judge for the Eastern District of Pennsylvania; and Gerald J. Pappert, Nominee to be District Judge for the Eastern District of Pennsylvania....................................... 617 McCaskill, Hon. Claire, a U.S. Senator from the State of Missouri presenting Stephen R. Bough, Nominee to be District Judge for the Western District of Missouri............................... 614 Toomey, Hon. Patrick J., a U.S. Senator from the State of Pennsylvania presenting Wendy Beetlestone, Nominee to be District Judge for the Eastern District of Pennsylvania; Mark A. Kearney, Nominee to be District Judge for the Eastern District of Pennsylvania; Joseph F. Leeson, Jr., Nominee to be District Judge for the Eastern District of Pennsylvania; and Gerald J. Pappert, Nominee to be District Judge for the Eastern District of Pennsylvania....................................... 615 STATEMENTS OF THE NOMINEES Witness List..................................................... 633 Beetlestone, Wendy, Nominee to be U.S. District Judge for the Eastern District of Pennsylvania....................................... 623 biographical information..................................... 725 Bonilla, Armando Omar, Nominee to be Judge of the U.S. Court of Federal Claims................................................. 623 biographical information..................................... 687 Bough, Stephen R., Nominee to be U.S. District Judge for the Western District of Missouri........................................... 622 biographical information..................................... 634 Kearney, Mark A., Nominee to be U.S. District Judge for the Eastern District of Pennsylvania............................... 624 biographical information..................................... 807 Leeson, Joseph F., Jr., Nominee to be U.S. District Judge for the Eastern District of Pennsylvania............................... 625 biographical information..................................... 856 Pappert, Gerald J., Nominee to be U.S. District Judge for the Eastern District of Pennsylvania............................... 626 biographical information..................................... 909 QUESTIONS Questions submitted to Wendy Beetlestone, Stephen R. Bough, Mark A. Kearney, Joseph F. Leeson, Jr., and Gerald J. Pappert by Senator Cruz................................................... 1006 Questions submitted to Wendy Beetlestone by Senator Grassley..... 987 Questions submitted to Armando Omar Bonilla by Senator Grassley.. 986 Questions submitted to Stephen R. Bough by: Senator Grassley............................................. 980 Follow-up questions submitted by Senator Grassley............ 1003 Follow-up questions II submitted by Senator Grassley......... 1005 Questions submitted to Mark A. Kearney by Senator Grassley....... 991 Questions submitted to Joseph F. Leeson, Jr., by: Senator Feinstein............................................ 1009 Senator Franken.............................................. 1007 Senator Grassley............................................. 995 Questions submitted to Gerald J. Pappert by Senator Grassley..... 999 ANSWERS Responses of Wendy Beetlestone to questions submitted by: Senator Cruz................................................. 1155 Senator Grassley............................................. 1148 Responses of Armando Omar Bonilla to questions submitted by Senator Grassley............................................... 1144 Responses of Stephen R. Bough to questions submitted by: Senator Cruz................................................. 1030 Senator Grassley............................................. 1011 Responses to follow-up questions submitted by Senator Grassley................................................... 1022 Responses to follow-up questions II submitted by Senator Grassley................................................... 1028 attachment................................................... 1033 Responses of Mark A. Kearney to questions submitted by: Senator Cruz................................................. 1165 Senator Grassley............................................. 1157 Responses of Joseph F. Leeson, Jr., to questions submitted by: Senator Cruz................................................. 1179 Senator Feinstein............................................ 1182 Senator Franken.............................................. 1168 Senator Grassley............................................. 1172 Responses of Gerald J. Pappert to questions submitted by: Senator Cruz................................................. 1193 Senator Grassley............................................. 1185 LETTER RECEIVED WITH REGARD TO WENDY BEETLESTONE American Bar Association, June 16, 2014, letter.................. 1218 LETTERS RECEIVED WITH REGARD TO STEPHEN R. BOUGH Adams, Robert T., October 21, 2014, letters...................... 1206 American Bar Association, January 17, 2014, letter............... 1196 Bartle, Matthew V., October 16, 2014, letter..................... 1212 Bradshaw, Jean Paul, II, October 16, 2014, letter................ 1213 Kilroy, John M., Jr., October 20, 2014, letters.................. 1198 Mullen, John L., October 17, 2014, letter........................ 1216 Sanders, William H., Jr., October 16, 2014, letter............... 1214 Watson, Maurice A., November 12, 2014, letter.................... 1210 LETTER RECEIVED WITH REGARD TO MARK A. KEARNEY American Bar Association, June 16, 2014, letter.................. 1220 LETTER RECEIVED WITH REGARD TO JOSEPH F. LEESON, JR. American Bar Association, June 16, 2014, letter.................. 1222 LETTERS RECEIVED WITH REGARD TO GERALD J. PAPPERT American Bar Association, June 16, 2014, letter.................. 1224 Coyne, Gerald J., July 22, 2014, letter.......................... 1227 Sorrell, William H., June 19, 2014, letter....................... 1226 C O N T E N T S ---------- JULY 29, 2014, 9:41 A.M. PRESENTERS Menendez, Hon. Robert, a U.S. Senator from the State of New Jersey presenting Madeline Cox Arleo, Nominee to be District Judge for the District of New Jersey......................................... 1232 Murphy, Hon. Christopher, a U.S. Senator from the State of Connecticut presenting Victor Allen Bolden, Nominee to be District Judge for the District of Connecticut........................................ 1230 Paul, Hon. Rand, a U.S. Senator from the State of Kentucky presenting David J. Hale, Nominee to be District Judge for the Western District of Kentucky, and Gregory N. Stivers, Nominee to be District Judge for the Western District of Kentucky...... 1229 STATEMENTS OF THE NOMINEES Witness List..................................................... 1245 Arleo, Madeline Cox, Nominee to be U.S. District Judge for the District of New Jersey......................................... 1234 biographical information..................................... 1246 Bolden, Victor Allen, Nominee to be U.S. District Judge for the District of Connecticut........................................ 1235 biographical information..................................... 1300 Hale, David J., Nominee to be U.S. District Judge for the Western District of Kentucky........................................... 1236 biographical information..................................... 1390 Stivers, Gregory N., Nominee to be U.S. District Judge for the Western District of Kentucky................................... 1236 biographical information..................................... 1444 QUESTIONS Questions submitted to all of the Nominees by Senator Cruz....... 1499 Questions submitted to Madeline Cox Arleo by: Senator Grassley............................................. 1481 Senator Lee.................................................. 1500 Questions submitted to Victor Allen Bolden by: Senator Grassley............................................. 1485 Senator Lee.................................................. 1501 Questions submitted to David J. Hale by: Senator Grassley............................................. 1491 Senator Lee.................................................. 1503 Questions submitted to Gregory N. Stivers by: Senator Grassley............................................. 1495 Senator Lee.................................................. 1504 ANSWERS Responses of Madeline Cox Arleo to questions submitted by: Senator Cruz................................................. 1512 Senator Grassley............................................. 1505 Senator Lee.................................................. 1514 Responses of Victor Allen Bolden to questions submitted by: Senator Cruz................................................. 1525 Senator Grassley............................................. 1515 Senator Lee.................................................. 1528 Responses of David J. Hale to questions submitted by: Senator Cruz................................................. 1539 Senator Grassley............................................. 1533 Senator Lee.................................................. 1542 Responses of Gregory N. Stivers to questions submitted by: Senator Cruz................................................. 1550 Senator Grassley............................................. 1544 Senator Lee.................................................. 1552 LETTER RECEIVED WITH REGARD TO MADELINE COX ARLEO American Bar Association, June 27, 2014, letter.................. 1553 LETTERS RECEIVED WITH REGARD TO VICTOR ALLEN BOLDEN American Bar Association, June 16, 2014, letter.................. 1555 Barnett, John W., June 18, 2014, letter.......................... 1557 Dubois, Mark A., July 25, 2014, letter........................... 1558 Esserman, Dean M., July 29, 2014, letter......................... 1562 Fisher, Timothy S., July 25, 2014, letter........................ 1568 Hibson, Emmet P., Jr., Esq., July 28, 2014, letter............... 1560 Hinton, Robert C., July 28, 2014, letter......................... 1566 Malech, Steven B., July 28, 2014, letter......................... 1567 Pepe, Louis R., July 28, 2014, letter............................ 1559 Prout, William H., Jr., July 25, 2014, letter.................... 1573 Ribeiro, G. Evelise, July 28, 2014, letter....................... 1561 Ricci, Frank, Lieutenant, July 25, 2014, letters................. 1564 Saxton, Brad, July 28, 2014, letter.............................. 1569 Schratz, Lorraine M., M.D., July 29, 2014, letter................ 1563 Vitale, Wayne A., M.B.A./S.D.B.L., July 26, 2014, letter......... 1571 LETTER RECEIVED WITH REGARD TO DAVID J. HALE American Bar Association, June 20, 2014, letter.................. 1575 LETTER RECEIVED WITH REGARD TO GREGORY N. STIVERS American Bar Association, June 20, 2014, letter.................. 1577 MISCELLANEOUS SUBMISSIONS FOR THE RECORD McConnell, Hon. Mitch, a U.S. Senator from the State of Kentucky, prepared statement with regard to David J. Hale, Nominee to be District Judge for the Western District of Kentucky, and Gregory N. Stivers, Nominee to be District Judge for the Western District of Kentucky............................... 1579 Rockefeller, Hon. John D., IV, a U.S. Senator from the State of Kentucky, prepared statement with regard to David J. Hale, Nominee to be District Judge for the Western District of Kentucky..... 1582 ALPHABETICAL LIST OF NOMINEES Arleo, Madeline Cox, Nominee to be U.S. District Judge for the District of New Jersey......................................... 1234 Beetlestone, Wendy, Nominee to be U.S. District Judge for the Eastern District of Pennsylvania....................................... 623 Bolden, Victor Allen, Nominee to be U.S. District Judge for the District of Connecticut........................................ 1235 Bonilla, Armando Omar, Nominee to be Judge of the U.S. Court of Federal Claims................................................. 623 Bough, Stephen R., Nominee to be U.S. District Judge for the Western District of Missouri........................................... 622 Crawford, Hon. Geoffrey W., Nominee to be U.S. District Judge for the District of Vermont............................................ 3 Firestone, Hon. Nancy B., Nominee to be Judge of the U.S. Court of Federal Claims.............................................. 4 Griggsby, Lydia Kay, Nominee to be Judge of the U.S. Court of Federal Claims................................................. 4 Hale, David J., Nominee to be U.S. District Judge for the Western District of Kentucky........................................... 1236 Halkowski, Thomas L., Nominee to be Judge of the U.S. Court of Federal Claims................................................. 4 Harris, Pamela, Nominee to be U.S. Circuit Judge for the Fourth Circuit........................................................ 218 Kearney, Mark A., Nominee to be U.S. District Judge for the Eastern District of Pennsylvania............................... 624 Leeson, Joseph F., Jr., Nominee to be U.S. District Judge for the Eastern District of Pennsylvania............................... 625 McCarthy, Patricia M., Nominee to be Judge of the U.S. Court of Federal Claims................................................. 228 Pappert, Gerald J., Nominee to be U.S. District Judge for the Eastern District of Pennsylvania............................... 626 Pepper, Hon. Pamela, Nominee to be U.S. District Judge for the Eastern District of Wisconsin.................................. 226 Sannes, Brenda K., Nominee to be U.S. District Judge for the Northern District of New York.................................. 227 Somers, Hon. Jeri Kaylene, Nominee to be Judge of the U.S. Court of Federal Claims.............................................. 229 Stivers, Gregory N., Nominee to be U.S. District Judge for the Western District of Kentucky................................... 1236 NOMINATIONS OF HON. GEOFFREY W. CRAWFORD, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF VERMONT; HON. NANCY B. FIRESTONE, NOMINEE TO BE JUDGE OF THE COURT OF FEDERAL CLAIMS; LYDIA KAY GRIGGSBY, NOMINEE TO BE JUDGE OF THE COURT OF FEDERAL CLAIMS; AND THOMAS L. HALKOWSKI, NOMINEE TO BE JUDGE OF THE COURT OF FEDERAL CLAIMS ---------- WEDNESDAY, JUNE 4, 2014 United States Senate, Committee on the Judiciary, Washington, DC. The Committee met, pursuant to notice, at 10:02 a.m., in Room SD-226, Dirksen Senate Office Building, Hon. Patrick J. Leahy, Chairman of the Committee, presiding. Present: Senators Leahy and Grassley. OPENING STATEMENT OF HON. PATRICK J. LEAHY, A U.S. SENATOR FROM THE STATE OF VERMONT Chairman Leahy. Well, good morning. Today we are going to hear from four very well qualified judicial nominees--one to the district court in the State of Vermont, without being overly parochial, and three to the U.S. Court of Federal Claims. I am happy to welcome Vermont Supreme Court Justice Geoffrey Crawford. Justice Crawford has significant criminal and civil experience. He was a Vermont trial court judge for 11 years; he recently became an Associate Justice of the Vermont Supreme Court. In fact, the Governor's comment to me when I recommended Justice Crawford to the President was, ``Hey, you are taking one of our best Supreme Court Justices.'' He formerly was a partner in a Burlington law firm. And I am glad to see Jerry O'Neill here in the audience. Justice Crawford earned his B.A., cum laude, from Yale and his J.D., cum laude, from Harvard Law School. I recommended Justice Crawford to President Obama after he was vetted and recommended to me by Vermont's nonpartisan Judicial Nominating Commission. I did not know him before this process, but I read the report of those who did the work of the Nominating Commission, and then I met for an extended time, Kristine Lucius, Chief Counsel, and myself, and John Tracy, the head of the Vermont office, with Justice Crawford, and I was struck by his brilliance, his compassion, his humility, and his devotion to his family. He has earned a stellar reputation in Vermont's legal community and from those who appeared before him as a careful jurist who understands the effects that legal rulings have on people's lives. I have no doubt that once confirmed he will bring the same understanding and impartiality to the Federal judiciary in Vermont. We are just one district, but he will be sitting in Rutland, Vermont. Then we have three nominees to serve on the Court of Federal Claims: Judge Nancy Firestone, who is well known to the most important member of this Committee, Kristine Lucius; Thomas Halkowski; and Lydia Griggsby, who has served on my Judiciary Committee staff since 2006 and currently serves as my Chief Counsel for Privacy and Information Policy. I recommended Lydia to the President for the position because I know her intellect and good judgment will make her a fine judge. And that is what I told the President. Before Lydia came to work with me on the Committee, she served in the Justice Department. She tried several matters before the Court of Federal Claims. I did tell her father this morning that the one reason I might vote against her is to keep her here on the Committee. But I will proudly vote for her. Judge Nancy Firestone has served with distinction on the U.S. Court of Federal Claims since 1998, and I am sure she will continue that with another 15-year term. And Mr. Halkowski is a principal at Fish and Richardson; that is a law firm specializing in intellectual property law in Wilmington, Delaware. He started off clerking on the Court to which he is nominated for Judge Roger Andewelt. He also clerked for then-Chief Judge Helen Nies on the Federal Circuit, so once he is confirmed, his career will have gone full circle. I welcome you all, but I will turn first, of course, to my friend and colleague Senator Grassley. OPENING STATEMENT OF HON. CHUCK GRASSLEY, A U.S. SENATOR FROM THE STATE OF IOWA Senator Grassley. First, I congratulate today's nominees, and I know your families and friends that are here are proud of you. And, of course, professionally it is an important milestone in all of your careers, and so I welcome you. I will not go into the details he did, the Chairman did, but I can associate myself with those remarks and point out that I know today's hearing is of particular significance for the Chairman because I have had an opportunity to have a lot of Iowans in the same place that you are from Vermont for the Chairman. And so it is important for the Chairman as well as it is for you. Not only do we have a nominee for the District of Vermont, but we also have a nominee for the Court of Federal Claims, Ms. Griggsby, whom we all know very well. She has been a counsel on the Chairman's staff, and just like I have people leave my staff, he is going to miss you as well when you go to this very important position you have been appointed to. I know that you joined the Committee staff after being both in the Department of Justice as well as the U.S. Attorney's Office. We know Lydia well. She has worked on many important Committee matters, including the Electronic Communications Privacy Act, the Freedom of Information Act, and other privacy issues. Through that work Lydia has a well-earned reputation of being diligent, very thoughtful, and professional. Ms. Griggsby, you are now in a seat that several of your colleagues have occupied before you, fielding questions from all of us. So once again, even though I only spoke about two of the four, congratulations to all of you. Chairman Leahy. Thank you very much. Please, all four of you, stand and raise your right hand. Do you solemnly swear that the testimony you are about to give in this matter will be the truth, the whole truth, and nothing but the truth, so help you God? Justice Crawford. I do. Judge Firestone. I do. Ms. Griggsby. I do. Mr. Halkowski. I do. Chairman Leahy. Let the record show that all responded in the affirmative. We will begin with you, Justice Crawford. If you have any statement you would like to make, please go ahead, and you may introduce your family. STATEMENT OF HON. GEOFFREY W. CRAWFORD, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF VERMONT Justice Crawford. Yes, Senator, I would like to thank the Members of the Committee for their time and attention. I would like to thank you in particular for the trust that you have placed in me. And I would like to introduce my family, if I might. My wife, Leslie, is here, and my children: my daughter, Jocelyn, and her son, Matthew; and her husband and older daughter, Evelyn, who is 3, are home in Wisconsin. My son Tobias and my son Elliott; and my daughter-in-law, Christine, and her son, James; and my son, Nicholas. And with me also is my dear friend and former law partner, Jerry O'Neill. Chairman Leahy. Who I might add has been a friend of mine for decades, also. [The biographical information of Justice Crawford appears as a submission for the record.] Chairman Leahy. I would note to the--and I am not trying to get rid of anybody from here, but please feel free with young children, if you need to take a break, you can go right straight through that door, and there is a table there. But I was delighted to meet all of them before. That was not a hint. [Laughter.] Chairman Leahy. My wife and I just had a chance to spend a week with two of our five grandchildren, and I enjoyed every single second of it, even though at times the decibel level was such that the satellites went out of orbit. [Laughter.] Chairman Leahy. Judge Firestone, did you---- STATEMENT OF HON. NANCY B. FIRESTONE, NOMINEE TO BE JUDGE OF THE COURT OF FEDERAL CLAIMS Judge Firestone. Thank you. I want to thank the Committee and the President for this honor, and I would like to just quickly introduce the staff that makes my work possible as a judge: my judicial assistant, Diana Perez-Kidwell; Richard Hagerman and Steven Reilly, who are my two law clerks. It is my pleasure to have them here with me today. [The biographical information of Judge Firestone appears as a submission for the record.] Chairman Leahy. Thank you. Ms. Griggsby, did you wish to say something and introduce family members? STATEMENT OF LYDIA KAY GRIGGSBY, NOMINEE TO BE JUDGE OF THE COURT OF FEDERAL CLAIMS Ms. Griggsby. I would. Thank you very much, Chairman Leahy, and thank you for your very gracious and kind introduction. Thank you, Ranking Member Grassley, as well for your kind introduction and words. I am very honored and blessed to have my father with me today, Professor William L. Griggsby, from Pikesville, Maryland, seated behind me. My mother, the late Mary Kate Rainier Griggsby, passed away in 2011. She is with us in spirit today, and I want to honor her as well. I am also joined by many mentors and friends and colleagues. I would like to acknowledge Dr. Wyneva Johnson-- please stand--seated behind me, a long-time mentor and attorney with the Department of Justice. I also have several friends farther back in the audience, Delta Sigma Theta sorority sisters, club sisters, and many other mentors. I thank them all for their love and support. And many other family members who are watching via the Webcast today across the country. [The biographical information of Ms. Griggsby appears as a submission for the record.] Chairman Leahy. I remember the sadness of everybody when your mother passed. I remember that time. And I have a feeling she is watching. Mr. Halkowski. STATEMENT OF THOMAS L. HALKOWSKI, NOMINEE TO BE JUDGE OF THE COURT OF FEDERAL CLAIMS Mr. Halkowski. Thank you, and thank you to the President for this truly humbling honor of being nominated to serve on the U.S. Court of Federal Claims. And thank you, Chairman Leahy and Ranking Member Grassley, for convening this hearing and the opportunity to be heard. I have here just a few folks: my oldest son, Mick, who is just recently graduated, he is headed down to Texas to work as a chemical engineer at Dow. And my mother and father, Eleanor and Phil Halkowski, traveled here from my home town in St. Francis, Wisconsin. I could go on about their sacrifice and hard work, but I will simply say that I am indebted to them for everything. Also here are my mother- and father-in-law, Michael and Kathy Philps, who traveled here from California to lend their support, as well as my brother- and sister-in-law, D'Arcy and Cecilia Philps, along with their children, Miranda and Spencer. Unfortunately, my wife, Dana, could not be here, which is ironic because without her love and support I myself would not be here. But she is attending the high school graduation of our youngest son, Benjamin, back in Unionville, Pennsylvania, which is going on at this very moment. I am assured, though, from my son, Ben, that I am not missing anything. He is going to be doing the exact same thing in 4 years at the University of Pittsburgh. And thanks to this hearing, that promise is now on the record. [Laughter.] Chairman Leahy. And we will make sure he gets a copy of this record. Mr. Halkowski. My daughter, Scout, also, unfortunately, cannot be here due to commitments back at her college in Pennsylvania. I have many relatives, two brothers, three sisters, back in Wisconsin, as well as many others whose support I appreciate. One person I do need to mention, my Grandma Nuffky back in Wisconsin. She will be 99 years old on June 14th. She assures everyone, however, to hold off on the celebration until next year, because she wants to do her 100th birthday big time. [Laughter.] Mr. Halkowski. Finally, there are just two people I need to acknowledge who are no longer with us today: Judge Roger Andewelt as well as Chief Helen Nies. Judge Andewelt served on the U.S. Court of Federal Claims, gave me my first job out of law school, and was the best mentor I could have ever hoped for. And Judge Nies similarly provided--generously provided her time and wisdom. And I miss them both, but I carry with me the lessons that they taught me over the years. And with that, I thank you again for convening this hearing, and I look forward to the opportunity to address your questions. [The biographical information of Mr. Halkowski appears as a submission for the record.] Chairman Leahy. Well, thank you. Justice Crawford, I had occasion to talk with the President shortly after I had met with you, and I told him of your appreciation for his nomination. And I told him that this was one nomination he will not have to worry about. You served as a Vermont State court trial judge for 11 years, and you have been on the Supreme Court now since last year. What lessons do you take from a State court as you transfer over to the Federal court? Justice Crawford. I think the principal lesson is twofold: one is the real need to stay close to the facts in every case, to really try and understand what is going on; but even more important, in dealing with the litigants, to try and keep it fresh, to try and bring something new to each case, not to become routine or jaded, to try and really engage with each case anew. And the State trial court judges do a fine job, I think, in both those regards. Chairman Leahy. I enjoyed my years as a trial lawyer and as a prosecutor. But I left that time with an abiding feeling that courts' judges should think not just of the people who are in there all the time--the prosecutors are, a well-known litigant like Mr. O'Neill is, others--but the people who are there, this is their one and only time they may be before the court. Can you give us assurance that everybody who comes in your court, no matter what their political party or their economic status or whether they are plaintiff or defendant, government or defendant, that they will be treated the same? Justice Crawford. Senator, I can make that commitment. That has been my effort over the course of the last 12 years, and I intend to continue as I started out. For many people we are in the courts the face of government that they deal with very directly, and it is crucial that they feel that they have been heard and that they have been treated fairly and listened to with care. Chairman Leahy. One of my predecessors as Chairman of this Committee was Senator Strom Thurmond. We had different philosophies on a number of things, but one thing I always agreed with. He always said to somebody coming on to the Federal bench that, you know, it is a lifetime appointment, you can do anything you want, but do not forget you are there for everybody in that courtroom. I am not even going to ask you that question because I have watched enough about you to know that is the way you will be. And the last question, which is sort of the standard one, the Second Circuit opinions are binding on the district court, as are the Supreme Court's. Do you have any difficulty in applying stare decisis even though you might wonder in a particular case, ``What the heck were they thinking?'' Justice Crawford. Not at all, Senator. I work within and I have worked within a system of authority where I look to and respect the judgments of the courts above us. Chairman Leahy. Well, thank you. Judge Firestone, you have presided over, I am told by Ms. Lucius, more than 700 cases. You must have had--in some ways it must be routine, but it certainly was not when you first came there. What are some of the difficulties you had to overcome? Judge Firestone. Well, I would say that the jurisdiction of the Court of Federal Claims is quite broad. It ranges from tax to contracts to Indian claims and so forth. One of the big advantages that Court has is we have the Justice Department representing the United States in every case, and as an alum of that organization, they do an excellent job in not only advocating but I would say educating the Court. And we have had excellent practitioners on the other side. And so when you are new as a judge, you spend a lot of time educating yourself as to what is the law, and you spend a lot of time ensuring that you understand the arguments of the parties. But, interestingly enough, it is a very high quality of representation that appears on the Court, and with hard work you get to learn different things. But every case actually comes to you, I would say, pretty new. Although issues generally repeat, for the most part the reason they are in front of us is because they could not resolve it on their own and there is some twist. And so that is actually what keeps the job fresh and challenging, as it has been for the last 15 years and, if confirmed, hopefully for the next. Chairman Leahy. So you find it still interesting when you come into the courtroom. Judge Firestone. I wake up every morning challenged and enjoying the job. I would say it has been the greatest privilege of my life to serve on that court. Chairman Leahy. I know the feeling in the job I have. Judge Firestone. I share it in a different way, but, yes, I love the work. Chairman Leahy. And, Ms. Griggsby, we know you so well from your past decade in the Senate, both the Ethics and the Judiciary Committees, and a trial attorney at the Department of Justice and U.S. Attorney's Office in DC and private litigation. Sort of somewhat along with what I was saying to Justice Crawford, how do you feel about how people should be treated when they come in the courtroom? You are used to walking into this room, for example. You used to walk into courtrooms. But a lot of people coming in there, it is their first time, maybe their only time. How do you feel about that? Ms. Griggsby. Thank you, Chairman Leahy, for that question. During my decade as a Justice Department attorney and my decade here in the Senate, I have always felt that you should treat people fairly, with impartiality, and with courtesy. That has always been my practice as an attorney. It was my practice as an attorney appearing before the court, and that is the practice I would have as a judge. Every citizen should feel welcome and that they are going to be treated fairly and receive justice under the law. Chairman Leahy. And one of the questions I had for you, Mr. Halkowski, you already answered when you spoke about your mentors as judges. But even having worked for judges, clerks and whatnot, you have now been in private litigation, and all of a sudden you are not rising when the judge comes into the courtroom. Everybody is going to be rising when you come in the courtroom. That can be a heady feeling. But how do you handle that transition and do it in such a way that you saw it being a litigant and now you would be an impartial trier of facts? Mr. Halkowski. Simply, if I am so fortunate to be confirmed, keep in mind one word really, and that is, ``respect''--respect for the limited role of the courts amongst the branches of Government, and respect for the law and applying stare decisis, and so you just simply apply the law to the facts of each case. And, finally, as Ms. Griggsby alluded to, respect for each of the parties that come before you and keep an open mind and listen to them and do your best to provide justice. Chairman Leahy. Senator Grassley. Senator Grassley. Yes, I am going to start out with Justice Crawford and go across the table. I am going to ask you about some issues dealing with sentencing, because you have spoken on that. And at this point I do not find any fault, but I want to give you an opportunity to expand. In 2013, you spoke to the press about sentencing practices in your State. At that time you expressed the opinion that judges have been, as you put it, ``oversentencing'' criminal defendants. You also mentioned that many of those defendants should be placed into drug or mental health courts and that judges and prosecutors should focus on treatment and reconciliation instead of incarceration. So these would be-- expand on those statements by saying what--by my asking what do you mean when you stated that Vermont's criminal defendants have been oversentenced. And I have one more question. Justice Crawford. Of course, sir. Thank you. It is an important issue. Within the State court system, we see two kinds of criminal defendants, particularly in the area of drug addiction, drug abuse, and drug trafficking. We see the people that make it their living to harm our communities by selling drugs, and for those people I do not see an important change. I think the sentencing practices have been correct. For people who are addicted and are more customers than traffickers, we have had success in Vermont. I have worked for several years in the drug court, and we have seen real change in people's behaviors, in their ability to support their families, in their ability to return to the rest of us as honest citizens. And it is that group that I think can be directed toward treatment, directed toward drug court-type programs, which are no walk in the park--they are strict, and if you fail in your treatment, you spend the weekend in jail. It is almost a sterner model than simply putting people on probation or jailing them for short periods of time. So what has interested me is a commitment from the courts for people who are addicted to redirecting them so that we can get them back in our midst as productive people. Senator Grassley. What are your thoughts on mandatory minimums? And can you tell us a little bit about your experiences with limitations on sentencing discretion within the Vermont judicial system? Justice Crawford. Within the State system, we have only a handful of mandatory minimums. They represent the decision, the serious decision of the legislature to treat certain offenses with particular seriousness and care. And I have always respected that decision and imposed the mandatory minimum because the legislature is in charge of that decision, and I would expect to continue to do so in the event that I am confirmed here. Senator Grassley. Then that would bring me to the Supreme Court's Booker decision on Federal Sentencing Guidelines. Of course, they are no longer mandatory, so let me ask you a couple questions, and then a third one, but two at first. What is your view on the guidelines? And do you believe that the guidelines have resulted in oversentencing of criminal defendants? Justice Crawford. I cannot tell you in a numbers kind of a way what the result of the guidelines has been within the Federal system. What I can tell you is that what I like about them is it brings out into the open the concerns about sentencing, about deterrence, about rehabilitation, about punishment, which are involved in every sentencing decision. On the State court side, those things are not always discussed in an open way in court. Sentencing guidelines compel the judge and the defendant, his attorney, and the Government to talk about them in an open way and to apply them in a way which is more uniform from case to case. So I think those are important positive aspects of the Sentencing Guidelines. Senator Grassley. In the cases of nonviolent drug offenders or drug offenders with little or no criminal history, do you believe that downward departures would be warranted under the guidelines? Or do you think that such individuals would be better off in a drug court setting? Justice Crawford. What I can tell you, Senator, is that I have seen success for people that meet in the State system-- that people that meet those criteria in a drug court setting, where they are involved for 6 or 12 months, meeting weekly, speaking as you and I are, with the judge, reporting on their progress. Whether that translates easily into the Federal system it would be difficult for me to say. I have seen it work person to person in the State court system. Senator Grassley. Okay. Then my last series of questions for you. You mentioned the importance of treatment and reconciliation during your comments to the press in 2013. Would you tell us what you meant by that statement? And then let me quickly add to that. If confirmed, would you focus on treatment and reconciliation when sentencing criminal defendants in the Federal system? And if so, how would that focus affect sentencing in your courtroom? Justice Crawford. What I have tried to do, Senator, in my sentencing practices is to look at each person as best I can as an individual and to make an individual judgment about whether incarceration is required, whether a mandated treatment program is going to be sufficient, whether a mixture of those two is appropriate. And it would be my intention to continue to-- within the framework of the Sentencing Guidelines, to continue to try and make that judgment, separate out the business people who are harming our communities from the people who have fallen into drug addiction and treat those two as different types of problems. Senator Grassley. Now, the rest of you are going to feel like you are not very important if I do not ask you as many questions. [Laughter.] Senator Grassley. But I am not going to, so do not take it personally. For you, Lydia, the Court of Federal Claims adjudicates cases across a broad range of subject matters. Since 2006 you have served the Committee by providing advice relating to the Freedom of Information Act, the Privacy Act, the Electronic Communications Privacy Act. Could you please share how this experience might help prepare you for the Federal Claims Court if confirmed? Ms. Griggsby. Yes, thank you, Senator, for that question. During my time on the Committee, I have worked on a number of complex legal issues, including, as you mentioned, ECPA reform and FOIA reform. In the context of that work, I have had to work very closely with co-counsel and opposing counsel, various offices on the Committee, as well as stakeholders with a variety of different perspectives and competing interests. I think I have always done that in a very fair and open-minded way, and I think that those skills have equipped me well to be a fair and open-minded judge, if confirmed to the Court of Federal Claims. Senator Grassley. Okay. And, Ms. Firestone, you have now served at least one term. Aside from the knowledge of how the Court works, what have you learned during your first term that would assist you in a second term, if confirmed? And that does not mean things have to be any different, but I just wondered if they would be. And let me follow that up with how, if at all, would you change your approach in cases from what you have learned during your first time. Judge Firestone. Well, Senator, I hope after 15 years I have become a bit more efficient, and so I will say that there is--I do not intend to change the way I judge cases in any way. The oath is the same, and I will abide by that and look at each case individually and decide each one on its merits based on the facts and the law. What it has allowed me to do after 15 years is to become more of an educator with regard to the Court, and so I have the opportunity now to do things with regard to the Judicial Conferences of our Court, with regard to our Advisory Committee, that allows me to take some of the experience that I have had and share that with new judges, and to work with judges and members of the bar to improve the administration of justice, which I think helps, having had enough experience that I can judge whether or not I think those recommendations will be valid. And I hope to continue to do that work as well in the next 15 years. Senator Grassley. Okay. In your view, Ms. Firestone, are there particular challenges facing the Court of Claims? Do you see any areas where improvement is needed? And this could be from two standpoints. One, is there any suggestions you have for Congress to make any changes? Or, number two, any changes that you would see that the Court itself could make? Judge Firestone. Well, Senator Grassley, I appreciate the question. I think that the Court is always looking to find ways to improve its administration internally, and I do not have any--we are constantly, by virtue of now the whole new change in electronic filings and things like that, the efficiency of the court system has actually improved markedly. I would say that with regard to things for Congress I leave that to people different than myself to make those suggestions, and, indeed, that is why we have advisory committees and so forth who involve outside attorneys as well as Justice Department attorneys to make those types of suggestions to the Congress. Senator Grassley. My first question is--I am from Iowa, and you evidently have Midwest roots. Where is St. Francis, Wisconsin? [Laughter.] Mr. Halkowski. Thank you, Senator. Senator Grassley. And how big is it? Mr. Halkowski. Thank you, Senator, and I can handle that question. It is just south of Milwaukee. It is actually a suburb of Milwaukee. It is right along Lake Michigan, and its population--well, now it is a little bit smaller, but probably around 10,000. Chairman Leahy. You did a heck of a lot better on that answer than I ever could. [Laughter.] Senator Grassley. Well, I was about ready to tell you, even though I am close to Wisconsin, about all I think about is Madison and Milwaukee. Mr. Halkowski. There you go. Senator Grassley. And do not tell the Green Bay Packers. Mr. Halkowski. We all suffer with having to root for Green Bay. Senator Grassley. Now, to be a little more serious, the Federal Claims Court adjudicates cases across a broad range of subject matters. What experience do you have in tax refund suits, takings cases, Government contract cases, contract claims, or other claims that come before the Court? And if you do not have any experience, I am not asking that in a negative way. I just want to know how you feel you are prepared for it. Mr. Halkowski. Sure. Thank you again, Senator. I was fortunate to clerk at the Court starting out my legal career, so I actually had a bit of experience in a broad range of cases, including tax cases and Government contracts. I then went to the court of appeals and had, again, some experience with cases that are appealed from the Court of Federal Claims to the Federal Circuit. Next, I went to the Justice Department where I actually litigated many, many cases in front of the U.S. Court of Federal Claims, including takings cases and some breach of trust cases involving Native American claims. So I have a broad array of experience, and then most recently I have been in private practice and focused on intellectual property and patent claims, which, again, is a type of claim that is brought before the Court. There are, of course, some areas that I have less experience in, and those I would just simply dig in and work a bit harder on. Senator Grassley. During your time at Justice, you defended the Federal Government in cases where plaintiffs sought compensation under the Fifth Amendment for alleged uncompensated taking. How would you transition from defender of the Federal Government to a neutral arbitrator? Mr. Halkowski. Again, thank you, Senator. My focus as a judge, should I be fortunate enough to be confirmed, would be strict fidelity to the law and, again, respecting the parties that come before me and listening with an open mind and then applying the law as it is set forth by the Supreme Court as well as the Federal Circuit, and rendering a decision based on that and taking into account no other factor. Senator Grassley. You do not have any problem with that transition? Mr. Halkowski. I do not, Your Honor. I will say also that-- and maybe I was unusual. I do not know. But when I worked at the Justice Department, I always saw my role as not to win the case but to come up with an outcome that would render justice, because I felt as someone who was not only representing the Government but also representing the citizens, that would be appropriate. Senator Grassley. Last, congratulations to all of you. Thank you, Mr. Chairman. Chairman Leahy. Thank you. And one of the questions you asked Justice Crawford made me think, and I am now being parochial as a Vermonter. You talked about our drug courts and basically diversion programs and so on. Has it not been our experience in Vermont that doing that rather than doing a one- size-fits-all in the court system has actually saved Vermont taxpayers a huge amount of money and it has kept a more productive society? Is that correct? Justice Crawford. I think that has been the case, Senator. Chairman Leahy. And looking at the budgets--oh, Senator Grassley. I am going to keep the hearing--no, no. I am going to keep the hearing record--I just wanted you to know I will keep the hearing record open until Friday. And now that you have all had this enormously tough grilling, we will stand in adjournment. Thank you very much. Justice Crawford. Thank you. Judge Firestone. Thank you. Ms. Griggsby. Thank you. Mr. Halkowski. Thank you. [Whereupon, at 10:40 a.m., the Committee was adjourned.] [Additional material submitted for the record follows.] A P P E N D I X Additional Material Submitted for the Record [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] NOMINATIONS OF PAMELA HARRIS, NOMINEE TO BE CIRCUIT JUDGE FOR THE FOURTH CIRCUIT; HON. PAMELA PEPPER, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF WISCONSIN; BRENDA K. SANNES, NOMINEE TO BE DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF NEW YORK; PATRICIA M. McCARTHY, NOMINEE TO BE JUDGE OF THE COURT OF FEDERAL CLAIMS; AND HON. JERI KAYLENE SOMERS, NOMINEE TO BE JUDGE OF THE COURT OF FEDERAL CLAIMS ---------- TUESDAY, JUNE 24, 2014 United States Senate, Committee on the Judiciary, Washington, DC. The Committee met, pursuant to notice, at 10:18 a.m., in Room SD-226, Dirksen Senate Office Building, Hon. Chuck Schumer, presiding. Present: Senators Schumer, Coons, Blumenthal, Grassley, and Cruz. Senator Schumer. The hearing will come to order, and to help our colleagues get on with their busy schedules, Senator Grassley will put his opening statement in the record. [The prepared statement of Ranking Member Grassley appears as a submission for the record.] Senator Schumer. We will proceed immediately to Senator Mikulski of Maryland. PRESENTATION OF PAMELA HARRIS, NOMINEE TO BE CIRCUIT JUDGE FOR THE FOURTH CIRCUIT, BY HON. BARBARA A. MIKULSKI, A U.S. SENATOR FROM THE STATE OF MARYLAND Senator Mikulski. Good morning, Senator Schumer, Senator Grassley. Senator Cardin and I want to thank Senators Leahy and Grassley for scheduling this hearing and Senator Schumer for graciously agreeing to preside. Today Senator Cardin and I are delighted and honored to bring to your attention a nominee for the Fourth Circuit, Pamela Harris. You are really going to like Pamela Harris as you get to know her, and I hope we will get to vote for her. Senator Cardin and I recommended her to President Obama with the utmost confidence because of her ability, her talent, and her competence. The ABA agrees with us. They gave her the highest rating and said she was unanimously well qualified. Today, as we bring her to your attention, know that we take our advise-and-consent responsibility very seriously. I have four criteria: absolute integrity, judicial competence and temperament, a commitment to core principles of the Constitution, and a history of civic engagement in Maryland. Pamela Harris is the embodiment of these principles. She has dedicated her practice and her career to furthering the practice of appellate lawyer activity and enhancing the role that law plays in the public interest. She is an outstanding nominee and will be absolutely an asset to the Fourth Circuit. Ms. Harris' career spans academia, private practice, and Government with a common thread of public service and public commitment. We are proud to say that Ms. Harris is a homegrown girl. Although born in Connecticut, she has called Maryland her home since she was a child, graduating from our public schools and then she went on to Yale. We forgive her for that, but we welcomed her back when she came. At Yale, she received both her bachelor's and law degrees. She then went on to complete a clerkship for the D.C. Circuit Court, and she was also a clerk for Justice Stevens on the Supreme Court. Serving at the Department of Justice's Office of Legal Counsel, she then spent 10 years appearing on a regular basis before the Supreme Court. This is a woman who has extensive appellate experience while counsel and then partner to O'Melveny and Myers, taking on very complex issues. She has a distinguished career in academia, being a professor at the University of Pennsylvania Law School, at the Harvard Appellate Practice Clinic, and later at Georgetown. She served as the executive director of the Supreme Court Institute. But at the same time, she found her way back to Maryland and stayed very close to people. Whether it was a pro bono appellate clinic at O'Melveny, to work with Maryland's public defender on an amicus curiae brief involving Montgomery County Schools, or other activity, she has worked to enhance law, to give her services pro bono, and to work with people. I believe her temperament is such that you are going to find her a keen mind and yet a humble personality, unusual among many lawyers at that level, but she then is an unusual nominee. She comes with a great personal narrative that I know she will share with you, an incredible resume, but a real commitment to our Constitution and our core principles. I think she would be a great asset in the Fourth Circuit. So I hope that the Committee reports her favorably to the full Senate and we act on this expeditiously before we adjourn in November--in October. Senator Schumer. Thank you, Senator Mikulski. I got scared when you said November. [Laughter.] Senator Schumer. Senator Cardin. PRESENTATION OF PAMELA HARRIS, NOMINEE TO BE CIRCUIT JUDGE FOR THE FOURTH CIRCUIT, BY HON. BENJAMIN L. CARDIN, A U.S. SENATOR FROM THE STATE OF MARYLAND Senator Cardin. Chairman Schumer, Senator Grassley, thank you very much for the courtesy of allowing us to introduce Pam Harris. I am very proud to be a partner with Senator Mikulski in a process on judicial nominations in which we have an interview process where we try to get the very best to serve on our courts. And as a result of Senator Mikulski's leadership, I am very proud of the nominees that have been brought forward to this Committee by President Obama with the strong support of Senator Mikulski and myself. Pam Harris is an exceptional candidate. I have interviewed several candidates for judgeships. I do not think I have ever seen a person more suited and more qualified to sit on our appellate court than Pam Harris. She has devoted her entire career basically to appellate law and to understanding our judicial system. She is well qualified. She has worked in the executive branch. She has worked in Justice. She has worked for our courts as a clerk, as Senator Mikulski has pointed out. She is exceptionally well qualified with tremendous legal experience in Government, the private sector, and academia. She is an excellent Supreme Court litigator and in my view one of the best in the country for this type of practice. Ms. Harris has an appreciation for the rights and responsibilities of each branch of Government, having clerked at the Federal appellate courts, supervised policy initiatives at the Department of Justice. She has dedicated her career and professional life to improving the administration of justice as a public servant. She has demonstrated a commitment to protect civil rights and individual liberties through her pro bono work. Her roots are in Montgomery County, Maryland. She is an active member of her community, giving back to her local schools and volunteering in the community. Let me just tell you a little bit of background about her family because I think it is telling, because this truly is the American dream. Her grandmother was a Polish Jewish immigrant to the United States who valued education and worked hard to overcome personal adversity. Her mom put herself through law school with young children after a divorce and died from cancer a few years later. Ms. Harris herself relied in part on a Pell grant to attend college at Yale, and I understand that all of Ms. Harris' siblings are now lawyers. So it is safe to say that her family story and history is truly the American dream and the American experience, and the public service and seeking to uphold the rule of law runs in the blood of her family. You have heard Senator Mikulski talk about her extraordinary background, the law firms that she has worked for, her public career. Ms. Harris co-directed Harvard Law School's Supreme Court and Appellate Practice Clinic and was a visiting professor at Georgetown University Law School. In 2009, Ms. Harris was named the executive director of the Supreme Court Institute at Georgetown, serving as executive director until 2010. Ms. Harris then joined the Justice Department Office of Legal Policy where she served as the Principal Deputy Assistant Attorney General until returning to Georgetown in 2012. She is currently a visiting professor at Georgetown University Law Center and a senior adviser to the Supreme Court Institute. As Senator Mikulski pointed out, it is not surprising that she has been given the highest qualifications by the American Bar Association's Standing Committee on the Federal Judiciary. Let me just mention one or two other points, if I might. First, there is a letter--and I will ask these letters be made part of the record. Senator Schumer. Without objection. [The letters appear as submissions for the record.] Senator Cardin. They are from a long list of distinguished lawyers who have served in Republican and Democratic administrations who praise Pam Harris' qualifications and urge the Committee to quickly confirm--recommend confirmation of her appointment. She has taken hundreds of cases before the Federal Court of Appeals and the U.S. Supreme Court, and her practice has been pretty evenly divided between civil and criminal matters, so she understands both of them exceedingly well. She has experience also at the State court level, so she has the whole package. She has the experience, criminal, civil, private, public; she has an incredible career for pro bono work. So I personally want to thank her, and I want to thank her family for being willing to serve in this capacity. We know it is going to be a challenge as far as the demands that will be on her time, and we strongly recommend her confirmation. Senator Schumer. Thank you, Senator Cardin. And that completes the introductions for Pamela Harris. We have five members of the bench--and I understand you both have busy schedules, so feel free to go on to your business if you would prefer that. Senator Mikulski. Mr. Chairman, we ask unanimous consent that two letters of support--one from the list of bipartisan legal professionals supporting Ms. Harris--be entered into the record, and then a letter from the National Women's Law Center on her---- Senator Schumer. Without objection. [The letters appear as submissions for the record.] Senator Schumer. Okay. Good. Now we have five district court nominees to speak about. They are Brenda Sannes, of the Northern District of New York; Pamela Pepper, of the Eastern District of Wisconsin; Patricia McCarthy, of the Federal Court of Claims; and Jeri Somers, of the Federal Court of Claims. We will let our two guests--I want to say a few words about Ms. Sannes from the Northern District, but I will do that after our two guests say their words about Pamela Pepper. And I know that Senator Coons, who has graciously agreed to take over for me chairing this hearing, has some words to say about Patricia McCarthy and Jeri Somers. So if that is okay with everyone, we will go Johnson, Baldwin, Schumer, Coons. Senator Ron Johnson, of Wisconsin. PRESENTATION OF HON. PAMELA PEPPER, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF WISCONSIN, BY HON. RON JOHNSON, A U.S. SENATOR FROM THE STATE OF WISCONSIN Senator Johnson. Thank you, Chairman Schumer, Ranking Member Grassley, Members of the Committee. I am here to recommend to the Committee another Pam, the Honorable Pamela Pepper, to be the United States District Judge for the Eastern District of Wisconsin. Pam has served with distinction as the current chief judge of the United States Bankruptcy Court for the Eastern District of Wisconsin. Although not native to our State, she has set down deep roots in Wisconsin, first serving in the office of the United States Attorney for the Eastern District of Wisconsin, followed by private practice in Milwaukee, and finally serving 9 years as a bankruptcy court judge. Pam was born in the Delta of Mississippi in a town called Leland. Her parents were both teachers and instilled in her an intellectual curiosity which has been apparent throughout her career. She migrated north for college and attended Northwestern University in Chicago, where she received a degree in theater. After helping a friend get through the LSAT review course, she realized she might want to explore other careers and ended up taking the LSAT herself. She obviously had prepared herself well because she performed well on the LSAT and was accepted into Cornell University School of Law. Senator Schumer. An excellent school, I might add. [Laughter.] Senator Johnson. Apparently. After graduation, she clerked with distinction for Judge Frank Johnson on the Eleventh Circuit Court of Appeals and then moved on to become a prosecutor in the United States Attorney's Office in Chicago. Pam is widely respected within the profession, evidenced by having held offices as the president of the Milwaukee Bar Association and the chairperson of the Board of Governors of the State Bar of Wisconsin. She is an instructor of national stature and speaks frequently on trial practice and evidence. She is currently an instructor at the Federal Judicial Center. I have had the opportunity to speak to practitioners that have appeared before her bankruptcy court. They have told me of her patience with attorneys, which is a virtue of hers they all value. Pam possesses a great sense of humor, which she often uses to put litigants at ease. She displays compassion in making tough decisions by explaining the rationale for those decisions clearly so her reasoning is understood by all. She has shown great dexterity in reacting to difficult situations in court with calm reasoning. Finally, Pam has been described as a practical judge who promptly resolves disputes while faithfully adhering to the rule of law. Pam's intellectual curiosity, her demonstrated ability to learn new areas of the law, and efficiently administer her office has convinced me she would continue to excel in a new role as a Federal district court judge. Judge Pepper has my full support, and I am happy to recommend her to the Senate for swift confirmation. I would like to conclude my remarks by thanking the hard- working members of our bipartisan nomination commission for their dedication and efforts. I would also like to thank Senator Baldwin for her continued support of this successful nominating process that has once again resulted in the selection of a well-qualified jurist, Judge Pamela Pepper, who will serve the Nation and the people of Wisconsin's Eastern District well. Thank you. Senator Schumer. Thank you, and I thank both you and Senator Baldwin for your bipartisan efforts in this area. Senator Baldwin. PRESENTATION OF HON. PAMELA PEPPER, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF WISCONSIN, BY HON. TAMMY BALDWIN, A U.S. SENATOR FROM THE STATE OF WISCONSIN Senator Baldwin. Thank you, Chairman Schumer, Ranking Member Grassley, Senator Coons, and all other Members of the Committee who may be here today. It gives me great pleasure to appear before you this morning to introduce Judge Pamela Pepper, the President's nominee for the United States District Court for the Eastern District of Wisconsin. And I am proud to speak before you for the second time this year in support of a highly qualified individual nominated to fill a judicial vacancy in my home State of Wisconsin. Ensuring that the people of Wisconsin are supported by dedicated public servants in our judicial system has been a top priority of mine since I joined the Senate last year, and I am proud of the work that my colleague Senator Johnson and I have done together to advance this important goal. Judge Pamela Pepper has had a distinguished career as a judge, a Federal prosecutor, public defender, and an attorney in private practice, and I applaud the President for nominating her. She will continue her outstanding service on the bench, and the people of Wisconsin will benefit from having this experienced and dedicated public servant as a U.S. district judge. Pamela Pepper has served as the chief bankruptcy judge for the Eastern District of Wisconsin since 2010 and has served as bankruptcy judge on that court since 2005. Judge Pepper has also contributed significantly to the field of bankruptcy as a leader in the National Conference of Bankruptcy Judges and the American Bankruptcy Institute, and as associate editor for the American Bankruptcy Law Journal. Before assuming her position as a bankruptcy judge, Pamela Pepper spent 8 years as a solo practitioner engaged in criminal defense work, including through appointments by the Wisconsin State Public Defender Service and the Federal Defender Service of Wisconsin. Judge Pepper began her legal career in public service working for 7 years as a Federal prosecutor in the U.S. Attorney's Offices in Chicago and then in Milwaukee, Wisconsin. Prior to assuming her role on the bankruptcy court, Judge Pepper also held numerous leadership positions in the legal community, including with the Board of Directors of the Federal Defender Service of Wisconsin, the State Bar of Wisconsin, and the Eastern District of Wisconsin Bar Association, and the Milwaukee Bar Association. As you heard, Judge Pepper received her J.D. from Cornell, where she was an editor in the Cornell Law Review and a winner of the Sutherland Moot Court competition. From 1989 to 1990, she was a law clerk to the Honorable Frank J. Johnson, Jr., of the U.S. Court of Appeals for the Eleventh Circuit. Judge Pepper lives in Shorewood, Wisconsin, with her son, Leland, who I am delighted joins us here today. Senator Johnson and I strongly support Judge Pepper's nomination to the U.S. District Court for the Eastern District of Wisconsin, and I urge this Committee and the entire Senate to confirm her expeditiously. Senator Schumer. Thank you, Senator Baldwin, and I thank you and Senator Johnson for being here. I know you two have busy schedules, so we understand if you cannot stay to listen to the rest of the proceedings. Now I am going to read my remarks about Brenda K. Sannes of the Northern District, and then I will turn the gavel over to Senator Coons, who has graciously agreed to continue chairing this panel, and I believe he has remarks for Patricia McCarthy and Jeri Somers. Then we will, at Senator Grassley's request, first do the circuit court judge nominee, Pamela Harris, and then do the four district court nominees--Ms. Sannes, Ms. Pepper, Ms. McCarthy, and Ms. Somers. Four women, excellent. Okay, five women altogether. Yes, that is very good. PRESENTATION OF BRENDA K. SANNES, NOMINEE TO BE DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF NEW YORK, BY HON. CHUCK SCHUMER, A U.S. SENATOR FROM THE STATE OF NEW YORK Senator Schumer. Good morning, and I want to thank Ranking Member Grassley for being here, and I want to thank Senator Coons, who I said a moment ago has graciously agreed to chair the hearing--he has many good qualities, and graciousness is indeed one of them--and for all our witnesses. Now, I could not be more pleased to come before the Committee today to introduce my 20th nominee to the Federal district court bench in New York, Brenda K. Sannes. Ms. Sannes is the very model of a Federal judge in both qualification and temperament. Ms. Sannes passes my three-part test for becoming a Federal judge within an A-plus, a grade that she appears to have received at every juncture in her career. Indeed, my first criteria is excellence, to be legally excellent, not a political hack or anything like that. Ms. Sannes earned her B.A. magna cum laude from Carleton College and her law degree, also magna cum laude--it is too bad our two witnesses are gone--from the University of Wisconsin Law School, where she was articles editor of the Law Review. After graduating, Ms. Sannes clerked for the renowned Judge Jerome Farris of the United States Court of Appeals for the Ninth Circuit. She settled first in Los Angeles, where she worked as a litigation associate with the law firm of Wyman, Bautzer, Christensen, Kuchel and Silvert, and then moved to the U.S. Attorney's Office for the Central District of California. But, fortunately for central New York and for upstate New York, Ms. Sannes next moved to Syracuse where, since 1988, she has dedicated her talents to our Nation's service as Assistant U.S. Attorney for the Northern District of New York. Most recently, her work as head of the appellate division there has earned her the respect and accolades of judges all over the Second Circuit. Along the way, Ms. Sannes has received awards that are literally too numerous to mention here. By way of example, she has been lauded by the FBI, the L.A. Police Department, the U.S. Postal Inspection Service, and the Organized Crime Drug Enforcement Task Force. Ms. Sannes' experience in public service has helped her to meet my second important qualification for becoming a judge: moderation. I do not like ideologues on the bench, far left or far right, because they tend to--they often impose their views rather than interpret the law. Talk to anyone who has practiced law with her or judges before whom she has appeared or even counsel who have been on opposing sides of cases from her. They will tell you she is unerringly fair, listens intently, makes reasonable decisions, and presents only the most solid argument in her cases. And not only has she dedicated herself and her entire career to public service, she has found time to mentor young lawyers and teach and lecture aspiring lawyers on a host of criminal justice issues. Finally, all other things being equal, I look for diversity in candidates on the bench. I think it is important that the communities served by our Federal judges see judges who are like them and whose values and experiences are likely to reflect their own. Ms. Sannes will be only the second female judge in the history of the Northern District of New York, one whose arrival will be welcome not just by women, of course, but by everyone who values the quality and fairness of the Federal judiciary. I was proud to nominate the first woman nominee to the bench in the Northern District, and now I am equally proud to nominate the second. In fact, Ms. Sannes' entire family reflects the great community that they come from. Here today with her is her husband, Steve Clymer, and he has earned very high marks for his service in the U.S. Attorney's Office in the Northern District of New York. She is also accompanied by her sons Matthew, 19, a physics major at Cornell--as I mentioned, a great institution--Samuel, who is 16; and Benjamin, who is 10. I am told that Ben will be missing his second to last day of school, which is Movie Day, to be here with his mother. I hope they are showing a good legal movie, you know, like ``The Last Angry Man,'' or I do not know, some legal movies or other. Anyway, I am not going to pretend that this is going to be better than a movie, but I do think that, Ben, you will remember it a lot longer. I know you are all very proud of your wife and your mother, and I am pleased to have you all here today. With that, I am going to call on the gracious Senator Coons to chair the hearing and to make two introductions. Senator Coons [presiding]. Thank you very much, Senator Schumer, Senator Grassley. Let me, if I might, just conclude the introductions for our panel today. It is to me impressive that we have five such exceptional nominees with a wealth of experience, and I applaud my colleagues for making progress in continuing to fill the vacancies in our Federal judiciary. We do have 61 current vacancies, and although we have made progress in the past few months, we still have much work to do. Seven percent of the Federal bench remains vacant, and this is an important step toward filling those vacancies. Today's nomination hearing is also a key step toward making our Federal judiciary more diverse. This is the first all- female judicial nomination hearing in over a decade and the first such hearing ever with five female nominees. Let me, if I might, continue to introduce the remaining two nominees for today. Patricia McCarthy, a nominee to the United States Court of Federal Claims, and since 1994, Patricia has served in the Commercial Litigation Branch of the Civil Division of the United States Department of Justice, where she currently serves as Assistant Director. Prior to Government service, Ms. McCarthy worked as an associate at Bingham, Dana and Gould in Boston from 1989 to 1994. Born in Medford, Massachusetts, she received her B.A. cum laude from Colby College and her J.D. from Cornell Law School, about which we have already heard a great deal. [Laughter.] Senator Coons. Our last nominee today is Jeri Kaylene Somers, who is nominated to the United States Court of Federal Claims. Since 2008, Judge Somers has been Vice Chair of the United States Civilian Board of Contract Appeals where she formerly served as a board judge. She is also currently a lecturer in law at George Washington University Law School. For the first 21 years of her legal career, she also served as a judge advocate and a military judge in the United States Air Force. Born in Wichita, Kansas, Judge Somers earned her B.A. from George Mason University and earned her J.D. from the American University Washington College of Law. Now, by prior agreement, we will move now to nominee Pamela Harris for the Fourth Circuit Court of Appeals. Ms. Harris, if you will come forward and, following the tradition of this Committee, be sworn. Please stand and raise your right hand. Do you solemnly swear that the testimony you are about to give to the Committee will be the truth, the whole truth, and nothing but the truth, so help you God? Ms. Harris. I do. Senator Coons. Thank you. Let the record show the nominee has answered in the affirmative. Please be seated. I would now like to invite you, Ms. Harris, to give an opening statement and feel free to recognize loved ones and supporters who may be with you today as well. STATEMENT OF PAMELA HARRIS, NOMINEE TO BE CIRCUIT JUDGE FOR THE FOURTH CIRCUIT Ms. Harris. Thank you, Senator Coons, and thank you for chairing this hearing. I would like to thank Chairman Leahy and Ranking Member Grassley and the entire Committee for its consideration. It is a great honor for me to be here today, and I appreciate it. I also would like to thank Senator Mikulski and Senator Cardin for their exceptionally kind introductions and for their support. And, finally, I would like to thank my family and my friends who are here today, and if I may just briefly introduce my family. Senator Coons. Please. Ms. Harris. I have my cousin, Lauren Kline, with her husband, Andrew, and daughter, Becca. Lauren is just a few years older than me, but that is old enough to make her the matriarch of our family. So she is here also representing my entire extended family. I also have my brother, Geoffrey Harris, and my two sisters, Elizabeth Harris and Tiffany Harris. And as has been mentioned already, all three of them are lawyers as well because all of us followed in the footsteps of my mother, Ellen Harris, who went to school at night to become a lawyer and then did become a lawyer while she was raising the four of us as a single parent. Her dedication and her integrity as a lawyer were an inspiration, and I know that she would be very proud of us today. Finally, I have my husband, Austin Schlick, and my two children: Henry, who is 15, and Ellen, who is 13. My family is the joy of my life, and I am very happy that they are here today. And, with that, I am very happy to answer your questions. [The biographical information of Ms. Harris appears as a submission for the record.] Senator Coons. Thank you very much, Ms. Harris. We will begin with 5-minute rounds. First, would you just start by describing for us your judicial philosophy? Ms. Harris. Senator, I do not have an overarching judicial philosophy. I believe that the role of a judge is to decide cases through impartial application of law and precedent. It is a limited role. Judges do not make law. But it is an important role. What they do is they decide the concrete disputes in front of them with attention to particular facts, attention to the arguments of the parties and their briefs, and, again, by applying law and precedent to those facts. And that is the only philosophy I would take with me if I were confirmed. Senator Coons. You have had a distinguished career, as mentioned by the two Senators who introduced you, as an appellate litigator, as an academic professor and scholar at three of our Nation's leading law schools, and you have helped to found and lead prominent law and policy organizations. During your career you have been able to advocate for and publish your views on a very wide range of legal issues. If confirmed to the Fourth Circuit, how would your prior advocacy influence your judging? Ms. Harris. It would not, Senator. I understand these as being very, very different roles. I think that as an advocate, your position is essentially given to you. You start with a position that benefits your clients, and then from there you develop the best, reasonable legal arguments that can be made on your client's behalf. I think as a judge the role is entirely different. You start with neutral, careful, fair consideration of the law, and then you apply it to the facts in front of you without regard to how it affects any particular party. So I do think of them as very different roles. Senator Coons. And I would agree. Over the course of your private practice, you have helped to defend a wide range of issues in your advocacy, for example, compulsory arbitration agreements in the employment context. You have argued on behalf of Mobil Corporation, plaintiffs injured by Mobil-produced asbestos ought not to be able to pursue their claims through mass adjudication. These positions are quite in contrast to some of the other advocacy organizations you have been involved in. But I would wager that you are able to resolve that tension in some way going forward. Would you help us understand how you would distinguish between positions taken on behalf of clients and positions taken on behalf of policy organizations, and how you would view different sources as you move toward being a judge? Ms. Harris. Senator, with respect to my representations of clients when I was at O'Melveny and Myers, where I worked for 10 years as an appellate and Supreme Court litigator, I took positions based on what was best for my client, and that was true whether they were some of the corporate and business interests you have identified, whether they were indigent individuals, organizational pro bono clients. I took those positions without regard to any personal views I might have had on the matter. I think the through line there is that, of course, as a judge I would fairly and impartially apply precedent, again, without regard to any personal views I might have on any matter, and without regard to any advocacy positions I might have taken on behalf of clients. Senator Coons. Thank you. While in private practice, you did establish an admirable cooperative program between O'Melveny and Myers and the Maryland Office of the Public Defender, through which the firm provides pro bono appellate representation to indigent defendants in Maryland State court. What led you to do that? And what role do you think judges broadly should have in ensuring access to justice? Ms. Harris. Senator, access to justice has been an animating value of my entire career. I just think the appellate process works best and appellate judges depend on vigorous advocacy on both sides of the issue. The whole system depends on the idea that the best arguments will be put forward on both sides of the argument regardless of a client's ability to pay and regardless of any other issues. I was happy to help found that partnership with the Maryland Public Defender's Office, in part because Maryland is my home State and I was always looking for ways to contribute in Maryland, and in part because I believe so deeply in this value that people must be represented before the courts because that is how the courts work best. Senator Coons. A last question, if I might. You have spoken publicly and litigated cases that advanced the cause of diversity, in particular diversity in education. Speak a bit, if you would, about your views on the importance of diversity in the Federal bench as well and how you think that impacts the functioning of the judicial system and access to justice. Ms. Harris. I think as a general matter, if the courts broadly reflect the diversity of the litigants who come before them, that is good for the courts. I think it helps encourage public confidence in the courts. It helps a sense of legitimacy about the courts. I also think that having a broad range of judges can provide valuable role models for young students--I see this all the time with my own law students--for other young people considering professional careers. Senator Coons. Thank you very much, Ms. Harris, for your answer. Senator Grassley. Senator Grassley. I am well aware of the answers to your first two or three questions of Senator Coons, and I respect that answer. I think my line of questioning will be along the lines of some things you have said in the past and how they seem to be inconsistent with your view of judging. In a Washington Post article on same-sex marriage issues, you are quoted as saying, ``Justice Kennedy should be changing the same way the whole country is changing''--regarding same- sex marriage. First question: Why do you believe a Supreme Court Justice should change his or her views and, therefore, judicial interpretation based upon public sentiment if we have a judiciary that is supposed to do what you just said, apply precedent and fact to deciding the case? Ms. Harris. Senator, thank you for that question. I am happy to have an opportunity to clarify. That was a comment I made to a journalist. I am often asked as a Supreme Court litigator to sort of opine and speculate about issues before the Court. I would never suggest that a Justice of the Supreme Court or any judge should change his or her opinions based on public opinion. That is not the way I view the role of a judge. I am confident it is not the way Justice Kennedy views his role or any other judge views his or her role. When we talk as commentators about the individual views of Justices, we are usually talking about their written record as it has developed through their majority opinions, their separate writings. And what I was doing in that comment is likely I had been talking about Justice Kennedy's distinct record on issues involving classifications based on sexual orientation and predicting where those legal views might bring him in future cases. Senator Grassley. Okay. In the same interview, you also stated that you thought ``the tide of history is going one way,'' and that you did not think that--well that is the end of that part of the quote--and that you did not think that the Justices ``wanted to be on the wrong side of that.'' Do you believe it is appropriate for a judge to consider which ``side of history'' their judicial interpretation should be? Ms. Harris. Again, no, Senator, I do not. And I did not mean to suggest that. I think there is another sentence in the article that makes clear, the context makes clear that what I was talking about was a notion of judicial restraint that courts, the Supreme Court, might want to be especially cautious on social issues when the political branches and political institutions sort of deeply and rapidly engaged in those issues, that the courts might want to take small steps, not take big steps, and leave as much as possible to the democratic process. Senator Grassley. In 2013, you moderated a panel on the Supreme Court's upcoming term during which you said, ``The Constitution evolves. It has to keep pace with changes in the factual predicates. And, yes, our readings of constitutional provisions ought to change and evolve in light of circumstances on the ground like that.'' Before I ask a question, I would like to say that you have been very clear on your views of the Constitution. We know where you stand. But I would like to know how you intend to decide what changed particular societal circumstances you will consider, if confirmed. Let me say it this way: It is clear from your writings and speeches that you are talking about shifting public opinion rather than simply technological advances. For example, in the introduction of a book, ``It Is a Constitution We Are Expounding,'' you wrote, ``Justice Brennan explores the importance of the judge's obligation to speak for the community, the current community, in interpreting the Constitution.'' You have also discussed what you call ``constitutional legitimacy coming from social movements.'' The problem with this view is that it tends--or it leads to a judge's imposing personal views into cases. Justice Scalia expressed it this way well in dissent regarding the Eighth Amendment, writing, ``Of course, the risk of assessing evolving standards is that it is all too easy to believe that evolution has culminated in one's own views.'' Once you start considering shifting public opinion, you are essentially reducing constitutional interpretation to public poll. So assuming you will interpret the Constitution in a way that all of your writing suggests--and I know the answers to Senator Coons suggest otherwise--how do you intend to guard against imposing your own views as opposed to what you view as shifting public opinion? Ms. Harris. Senator, let me start by saying that as a Supreme Court litigator and appellate litigator, as someone who has specialized in preparing other advocates for their arguments before the Court, I always have been keenly aware of the boundaries of judicial decisionmaking. And as a litigator, every argument I ever advanced took as its starting point the methodologies that have been used by the Supreme Court and the lower courts and the methodologies that have been approved by those courts. That is how I have conducted my career. In terms of some of the other comments you have raised, I do not believe that it is the view of a judge ever to import his or her own personal values into judicial decisionmaking. In cases in which the Court has looked to things, to social conditions, things like that, what the Court--and, again, I would follow the Court's precedent on this. What they have looked to is objective indicia of such things. They have looked to State laws. They have looked at common law. They have looked at practices in the States. I am aware of no account of legitimate judicial decisionmaking that has judges either taking public opinion polls or using their own personal preferences to decide cases. Senator Grassley. My time is up. I would submit some more questions for answer in writing. Ms. Harris. Of course. Senator Grassley. I would appreciate a response, and sometimes if you raise questions with your answers to us, sometimes we followup. So do not expect--or, I mean, expect some questions. Ms. Harris. Of course, Senator. [The questions of Ranking Member Grassley appears as a submission for the record.] Senator Grassley. Thank you. Senator Coons. Thank you, Senator Grassley. Senator Blumenthal. Senator Blumenthal. Thanks, Mr. Chairman. Thank you for your service in the past, and your willingness to do it in the future, and thanks to your family as well for supporting you. You have an extraordinary career, a career of distinction and dedication to public service. And with anyone who has served or written or done things over the course of public life, obviously there are things that you can say could be misinterpreted, could be interpreted in different ways. And I would like to ask you about one point in particular. In your questionnaire to the Committee, you submitted letters that you sent in support of President Bush's, George Bush's judicial nominees: Judge Brett Kavanaugh for the United States Court of Appeals for the District of Columbia Circuit and Judge Neil Gorsuch for the Tenth Circuit. And in one of those letters, you stated that you are sometimes in disagreement with Judge Gorsuch on political matters, and I assume the same could be said of Judge Kavanaugh. Ms. Harris. Yes, it could. Senator Blumenthal. And given those opposing views on political issues--and some on this panel may disagree with you on some political issues--what led you to support them as nominees to the court of appeals? Ms. Harris. Senator, I supported them as nominees because I think judging has nothing to do with politics. I was very confident that both of those nominees would put to one side any political views they might have in judging the issues that came before them and that they would approach those issues with an open mind, impartially, and base their rulings on law and precedent. I do not think politics are relevant. I would do exactly the same thing if I were confirmed that I was so sure those two nominees would do. Senator Blumenthal. And that is really one of the key points here, is it not? That a nominee's past political views ought not to shape his or her service on the court and ought not determine the outcome of our decisions here, because we want to look to the qualifications and the willingness of a nominee to put those past views aside. And I believe that you would. That would certainly be your goal. Ms. Harris. Yes, Senator, that is right. As a litigator for so many years in private practice, I always had full confidence, when I came to a court, that those judges would be deciding the cases on the law, that they would approach the briefs and arguments with an open mind, fairly and impartially. It is the cornerstone of the system, and I would be honored to do the same if I were confirmed. Senator Blumenthal. And you have been a prolific writer going back to your days on the Yale Daily News. Ms. Harris. Yes. Senator Blumenthal. Some of us regret what we may have written on school newspapers in the past when it is presented to us years or decades later. But I assume that you would follow the law and attempt to conform your views to what the U.S. Supreme Court says the law is. Ms. Harris. Senator, I would conform my views to what the U.S. Supreme Court says the law is. Senator Blumenthal. Tell me, in the short time I have remaining, the Georgetown University Law Center's Supreme Court Institute, which you have headed, is a real resource for anyone who advocates before the Supreme Court. I do not think I have ever used it, but I have heard a lot of great things about it. As executive director of the institute, how did you determine who participates in the program? Ms. Harris. Senator, the institute runs on a strictly nonpartisan basis, on a first-come/first-served basis. We prepare advocates for their arguments before the Supreme Court without regard to the position being taken, without regard to the nature of the client. The commitment really is to the appellate process, to ensuring that the best legal arguments are presented on either side of the issue to the Supreme Court. Senator Blumenthal. And one reason why that is important is that the courts make better decisions when both sides are represented ably. Is that---- Ms. Harris. That is the entire value behind the Supreme Court Institute, that it is a matter of assisting the Court by ensuring that the best possible legal arguments are presented. Senator Blumenthal. And your goal, one of your goals, to the extent that you are able to do so, I hope would be to assure that both sides of an argument are represented ably before your court. Ms. Harris. Absolutely, Senator. Senator Blumenthal. Thank you. Ms. Harris. And I would give full and careful respect to both sides as they represent it. Senator Blumenthal. Thank you. I appreciate your very helpful answers to my questions. My time has expired. Ms. Harris. Thank you. Senator Blumenthal. Thank you, Mr. Chairman. Senator Coons. Thank you, Senator Blumenthal. And Senator Blumenthal is going to take over chairing while I run to cast a first vote, and we are going to do a little back-and-forth on that. If I might, before I turn to Senator Cruz, I just wanted to make sure that we have introduced for the record letters submitted to the Committee in support of Ms. Harris' nomination. These are letters--there is one from former law firm partners, one from professional colleagues, classmates, from the Leadership Conference on Civil and Human Rights and the National Women's Law Center. I will just note that across them they praise you for your professionalism, grace, collegiality, your humble and down-to-earth approach. Signers of these letters span the ideological gamut and include A.B. Culvahouse, former White House Counsel to President Reagan; Cailley Balak, former Chief Counsel and Staff Director of the Permanent Subcommittee for Investigations, who worked for Senator Collins; Brian Boyle, who previously served President Bush; Ted Kassinger, who served in the Bush administration; and Greg Garre, Solicitor General in the Bush administration. And if I might quote from your former law partners at O'Melveny, ``Some of us have served in Republican administrations or worked for Republican Senators. Others have served in Democratic administrations or worked for Democratic Senators. Some of us are members of the Federalist Society while others members of the American Constitution Society. We may not all share Pam's views on a range of legal and political issues, but we are united in the belief that she possesses the intellect, fair-mindedness, humility, and decency to make an excellent Federal judge.'' With that, Senator Cruz. Senator Cruz. Thank you, Mr. Chairman. Professor Harris. Good morning. Welcome. Ms. Harris. Thank you. Senator Cruz. In a couple of sentences, how would you define ``judicial activism''? Ms. Harris. Senator, I think that can mean different things to different people. I would define ``judicial activism'' as a judge who allows his or her personal views to color decisions made as a judge, and perhaps also as a judge who goes beyond the facts of a case or further than necessary to decide an issue. Senator Cruz. I agree with that definition, and I will confess I am troubled by some of the public comments you have made, so I would like to give you an opportunity to address them. Ms. Harris. Thank you, Senator. Senator Cruz. In 2009, at an American Constitution Society panel, you described yourself as ``a profoundly liberal person'' who sees the Constitution as ``a profoundly progressive document.'' And you went on to say, ``I always feel unapologetically, you know, left to my own devices, my own best reading of the Constitution, it is pretty close to where I am.'' Now, given the definition you have just given of ``judicial activism,'' those public comments raise some concern. How would you respond to those concerns? Ms. Harris. Well, Senator, I would respond first, I think, by pointing to my entire professional career where, as a Supreme Court and appellate advocate at O'Melveny and Myers, running the Supreme Court Institute on an entirely nonpartisan basis, I have never let any personal views I have, political views I may have affect the discharge of my professional responsibilities. And I would not do that if I were confirmed as a judge. With respect to those specific comments, if I can just give you a little bit of context, they came when I was arguing-- basically arguing against audience members who thought that the Constitution should be amended to address certain Supreme Court decisions that they found too conservative. And my point was that commitment to the Constitution actually ought to transcend that kind of political difference, and that that was not an appropriate reason for amending the Constitution. I described myself as ``liberal'' just as a matter of context to suggest that even though I might share some of their political commitments, I did not believe the Constitution should be amended for that reason, and that I did believe commitment to the Constitution transcends politics. Senator Cruz. Looking to those comments, is it a fair inference when you said that your best reading of the Constitution pretty much always conforms to your own personal political views, which you described as ``profoundly liberal''? Do you agree with that statement? Ms. Harris. Senator, only in the absolutely most broad sense in which I was using those terms in that comment. I do believe that the Constitution is committed to values that were very forward-thinking at the time, and this is what I meant by ``progressive,'' values like democracy, rule of law, equality, individual liberty. I think that is a very noncontroversial proposition, and that is all I was saying there. Senator Cruz. As I understand it, you have been committed to liberal values your whole life, which I commend you for the consistency. My understanding is in college, with respect to President Reagan, you said, ``The greatest American nightmare of our time would be a second term for Ronald Reagan.'' Do you still have that view? Ms. Harris. Senator, I do not, and I am happy to have the chance to address those columns. You know, those columns were written 30 years ago as a college student. They represent what were then my very earnestly held, though somewhat uninformed views. As I sit here before you, I cannot really accept them today. I am proud of my youthful passion. I deeply regret my tone. I think if you talk to people I have worked with over the last 20 years, they will tell you that I pride myself on my open-mindedness, my respect for people with whom I disagree. And in knowing what it is I do not know, to the extent that my early columns do not reflect that, I regret that. Senator Cruz. Well, I appreciate your comments clarifying that. Let me ask an additional question. Also in 2009, you criticized liberals for believing that the Warren Court's decisions were ``as liberal as it gets,'' and you responded, saying, ``That is not right.'' And you went on to say, ``We have stunted the spectrum of legal thought in a way that removes the possibility that there could have been more progressive readings of the Fourth and Fifth Amendments.'' Now, as you know, the reaction to the Warren Court criminal procedure rulings that were widely perceived to be creating loopholes and allowing dangerous criminals back onto the street was fairly dramatic, and it is unusual for judicial nominees to have taken a position suggesting that the Warren Court was not nearly liberal enough and it should have been more liberal. Is that your view? I want to understand what your view is on that question. Ms. Harris. Senator, that is not my view, and it is also really not what I said. And, again, if I can just give you the context on that. I was responding on that panel to an argument that Justices perceived as liberal, like Chief Justice Warren, had never--and I think the phrase was ``had never felt the pain of reaching a constitutional decision that disagreed with liberal views.'' And the only point I was making was that several of Chief Justice Warren's criminal procedure decisions had not, in fact, adopted what was being presented as the liberal view. And I believe I talked about the Terry case, and that was the only point I was making, that sometimes people assume that because Chief Justice Warren wrote an opinion, it must have been terribly liberal. I was simply pointing out that in the criminal procedure context, Chief Justice Warren wrote opinions that did not adopt what was being advanced as the most pro-defendant or liberal position. It is just a descriptive point about certain criminal procedure decisions. Senator Cruz. Well, thank you for being here and answering the questions. My time has expired. Senator Blumenthal [presiding]. Thank you, Senator Cruz. I think that completes our hearing. Thank you very, very much, Ms. Harris, for being with us today. Ms. Harris. Thank you, Senator. Senator Blumenthal. I think we have another panel. I would like to call up the next panel, who are: Pamela Pepper, Brenda Sannes, Patricia McCarthy, and Jeri Kaylene Somers. If you would come forward and you have name identifications on the desk. If you would please stand and be sworn. Do you affirm that the testimony you are about to give before the Committee will be the truth, the whole truth, and nothing but the truth, so help you God? Judge Pepper. I do. Ms. Sannes. I do. Ms. McCarthy. I do. Judge Somers. I do. Senator Blumenthal. Thank you. We are in the middle of a vote, which is reflected by the lack of attendance right now, and Senator Coons will be coming back shortly. But if you would like to do so, perhaps you could begin with your opening statements, identifying the family members who are with you, and saying anything you would like to say by way of introduction. Judge Pepper. STATEMENT OF HON. PAMELA PEPPER, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF WISCONSIN Judge Pepper. Thank you, Senator Blumenthal. First of all, I would like to thank Senators Baldwin and Johnson who spoke earlier. Not only I but many people in the legal community in Wisconsin are very grateful for their bipartisan efforts to present judicial nominees to this Committee, and I wanted to express my gratitude for that, as well as to you and the Members of the Judiciary Committee for scheduling this hearing and for allowing us to testify. I would also like to thank the President for his nomination. There are a number of people who could not be here today. My parents, Bruce and Beverly Pepper, and my aunt and uncle, Tom and Fay Cook, are not with us today because jointly they are in an effort to get my 18-year-old niece, Sophie, on her high school graduation trip to Paris. So there are machinations around plane trips and schedules and things like that, so that is what they are doing. My niece, Sasha, was also not able to be with us. My brother, Cliff, however, is here in the audience, and I am pleased to have him here as well. Also not with us today are my courtroom deputy and my law clerk, Chris Roble and Emily Steadman. I could not do my job without them. They are watching via webcast back in Wisconsin, as are the clerk's officers of the bankruptcy court and the district court. I suspect there is food involved in that activity, and I am grateful to them for watching, many bankruptcy judge colleagues and friends also. Here in the hearing room today, I am grateful to have a number of friends and family, some of my friends from the American Bankruptcy Institute: Ted Gavin, a member of the board of directors; Sam Giordano, executive director of that organization. I am grateful to them for being here today. In addition, my friend Denise Neary, who is a senior litigation attorney with the Federal Judicial Center, which is responsible for educating the judges in the Federal system. They do a wonderful job. I am very grateful for their help and also for her being here. My cousin, David Cook, with the Administrative Office of U.S. Courts; my judicial assistant Paula Macomber and her husband, Mac, have made the trip to be here. And I am grateful to Paula for all of her help. And, finally, my son, Leland, who is seated just behind me, and his father, Jeff Hanewall, are here today, and I am very proud for them to be here. Finally, I would like to acknowledge the judge for whom I clerked, Frank Johnson, Jr., who no longer is with us. I had the opportunity to learn what a great judge is by clerking for Judge Johnson, and I am grateful for that. [The biographical information of Judge Pepper appears as a submission for the record.] Senator Blumenthal. Ms. Sannes. STATEMENT OF BRENDA K. SANNES, NOMINEE TO BE DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF NEW YORK Ms. Sannes. Thank you. I would like to thank President Obama for the incredible honor of this nomination. I would like to thank Senator Schumer for recommending me to President Obama and for his gracious and kind remarks. Then I would like to thank Senator Blumenthal for chairing this hearing. And I would like to introduce my family: my husband of 20 years, Steve Clymer. Steve is an accomplished lawyer and law professor who has inspired his colleagues and the hundreds of young lawyers who he has trained. We have our three sons here today: Matthew, who just finished his freshman year at Cornell University; Samuel, who just finished his sophomore year in high school; and Benjamin, who, as Senator Schumer noted, is missing Movie Day. He has a half-day left of school before he finishes fifth grade. My parents are watching via webcast in Billings, Montana. I would like to thank them. Their hard work in running small businesses in Billings put me through college and has given me a strong work ethic. Finally, I would like to thank my mother-in-law, who is watching from Pasadena, California, for her love and support. [The biographical information of Ms. Sannes appears as a submission for the record.] Senator Blumenthal. Thank you. Ms. McCarthy. STATEMENT OF PATRICIA M. McCARTHY, NOMINEE TO BE JUDGE OF THE COURT OF FEDERAL CLAIMS Ms. McCarthy. Thank you, Senator. I would like to thank the Members of the Committee for convening this hearing and allowing me to participate. First of all, I would like to thank President Obama for the incredible honor of nominating me to the Court of Federal Claims. It is a court in which I practiced for 20 years, and I am incredibly grateful to the President. My family is here with us. We are local so we did not have to travel. My husband, David, is here, and my three daughters: My oldest daughter, Isabelle, is 19, and she is home from her first year away at college. And as parents of firstborns know, probably it was more difficult for my husband and me than it was for her to be away, but she is back here for the summer. My daughter Sarah is 16 years old, and she is a rising junior at the Lab School of Washington, which is an incredibly amazing and fantastic school here in the district. My daughter Madeline is also 16 years old and a rising junior at the Lab School, and Madeline and Sarah are actually extremely close in age. Sarah is 28 minutes older, and she lords it over Madeline all the time. Also here, people who have traveled, my mother has traveled from Massachusetts, Mary McCarthy, and her partner of more than 25 years and spouse of 10 years, Bonnie Winokar. My mother is a retired chemist, and Bonnie is a retired high school math teacher, and my daughters profit from her generous provision of free tutoring services via Skype and Google Chat. My brother, Michael McCarthy, is also here from Boston, and my sister-in-law, Daphne Minner, could not be here. She is home at work at the Arnold Arboretum in Massachusetts. My brother, Brian McCarthy, and sister-in-law, Tessa Cale, did make the trek from New York, and I am very grateful for them to be here. There is one person I would like to mention who could not be with us, and that is my late father, Leonard McCarthy. He has been dead for several years. He actually died when I was in law school at the age that I am at now, which is not a terribly old age, and I obviously wish that he could be here. But I am joined by my friends and colleagues from the Department of Justice, and many are here in person, and others are watching-- they are streaming, which is probably causing consternation to our Department of Justice IT Department, but maybe they will cut us some slack for this morning. But I am truly grateful to the Committee for holding this hearing, and I welcome any questions, would be delighted to answer any questions you have. [The biographical information of Ms. McCarthy appears as a submission for the record.] Senator Blumenthal. Thank you. We are going to have to take a brief recess--I do apologize--because Senator Coons is on his way back but is not yet here. So this Committee will stand in brief recess. It will just be a couple of moments, and I do apologize for the delay. Thank you. [Whereupon, at 11:18 a.m., the Committee was recessed.] [Whereupon, at 11:24 a.m., the Committee reconvened.] Senator Coons [presiding]. I would like to return this hearing to order. Ms. Somers, I believe you were on the verge of your opening comments, and I will comment, if I might, given that we have begun a series of four votes. I do not know whether other Members will return. I myself have to go back to cast a vote. You may be the luckiest judicial confirmation panel in history. [Laughter.] Senator Coons. And I know you have all prepared at great length for this very demanding confirmation today, but given the press of votes and the distance from here to the Capitol, we may end up submitting questions for the record. Ms. Somers, let us proceed with you and see how we do. STATEMENT OF HON. JERI KAYLENE SOMERS, NOMINEE TO BE JUDGE OF THE COURT OF FEDERAL CLAIMS Judge Somers. Thank you, Senator Coons. Thank you so much to the Committee for convening this hearing. Thank you for the very kind comments that you made at the very beginning about me and my colleague. Thank you for President Obama's nomination. I am honored to be here. I just wanted to introduce my family briefly and my friends. So behind me is my father, Christopher Somers. He is a retired Air Force colonel, having gone through the ranks of the lowest enlisted to colonel. He came here from Jamaica, and after graduating from--I mean, after retiring from the Air Force, he went to law school and is now a practicing attorney. My mom, Jacqueline Somers, is also here. She recently retired from being a neonatal nurse. She was born in Chicago but grew up in the town that President Obama's grandparents are from, a small town in Kansas. My daughter, Kristen Somers, is here. She is a rising senior and goes to Yorktown High School and plays lacrosse and does lots of other teenage activities. Her friend, Scarlett Cruz, is also here to support me. My boss, Chairman Daniels, of the Civilian Board of Contract Appeals is here. He has always been a strong supporter, and despite the fact that he does not want me to leave, he is here giving me all the support he can. My friend Tamara Ashford, who is the Assistant Attorney General for Appellate Tax and also a tax court nominee, is here to support me, as well as two of my friends from my neighborhood running group, Hot Lava, Darla Gonson and Ellen Hemstreet. With that, thank you so much for the opportunity to speak to the Committee. [The biographical information of Judge Somers appears as a submission for the record.] Senator Coons. Thank you, Ms. Somers. And as someone who has his own neighborhood running group, not with the nickname Hot Lava---- [Laughter.] Senator Coons. Home in Wilmington, Delaware, that I ran with this morning, I understand the importance of friends and support, and, Colonel, welcome. Clearly both your parents led you to a career of great success and service, public service. Let me, to all four of the nominees, thank you for your willingness to serve. Thank you for your preparation for this hearing, and thank your friends and your family for supporting you through this process. I would like each of you, if you could, in series, to simply answer the question: Describe your judicial philosophy, and how will the experiences you have had in public service or in legal service, or both, how have they prepared you for the judicial position to which you have been nominated? Judge Pepper. Judge Pepper. Thank you, Senator Coons. My judicial philosophy, I suppose, is first a description of what I perceive to be the role of a good judge, and that is, to be a neutral party who applies the law to the facts, who is responsible for determining what the appropriate law should be, and then listening carefully to each side and giving fair weight to each side's arguments before making a determination. I suppose that is a description of a role, and so I would add to that my own philosophical gloss, which is the importance of giving each side or every party the opportunity to be fully heard and to know that they were fully heard before rendering a decision, as well as to explain as clearly as I can the basis for that decision. Senator Coons. Thank you. Ms. Sannes. Ms. Sannes. Yes, I agree with Judge Pepper's views of judicial philosophy. As a litigator for the past 25 years in Federal court and appellate court, I understand the importance of appearing before judges who are fair, impartial, open- minded, and will follow the law. And if fortunate enough to be confirmed, I would aspire to be that as a judge. For the last 8 years, I have done appellate work, and I think my experience doing appellate work has given me a lot of training in the proper way to have a district court record, in trying to prevent--make sure the facts are developed well and make sure that the record is as solid as possible so it can be upheld on appeal. Senator Coons. Ms. McCarthy. Ms. McCarthy. Thank you, Senator. I concur with the statements of my co-panelists, but I would also like to add that I, in my 20 years at the Department of Justice, have had the privilege of practicing not only in the Court of Federal Claims but also in the Court of International Trade and the Court of Appeals for the Federal Circuit. So I think I have an overview of the national court system and the adversarial system that Congress devised for the resolution of claims against the United States. And I think I have an insight as to the importance of having a fair and impartial decision so that litigants who come to the court with claims against the Government understand the rulings and respect the rulings and feel that they have had their fair day in court. Senator Coons. Agreed. Ms. Somers. Judge Somers. Judge Somers. Senator Coons, I do not really have much to add other than to say that I believe my philosophy is informed by my more than 21 years as a military officer, including as a military judge, my time at the Department of Justice, the U.S. Attorney's Office, and in the private sector as well as teaching young law students about the rule of law. My philosophy is very focused on making sure that justice is given expeditiously but fairly so that parties have a chance to provide their analysis of their cases without me predetermining their answers and the response and the decision, and also taking the opportunity to try to ensure that decisions are rendered as quickly as possible. Senator Coons. Thank you. I would like to thank all four of you. We have had five outstanding nominees today. Each of you has in your own way served our court system, served justice, served our Nation, and I do think it is absolutely essential that we continue to advance access to justice, diversity in our Federal judiciary, and excellence. And I think all of you have been strong nominees from those perspectives. I am going to keep the record of this hearing open for a week, so as you heard from Senator Grassley before, there may be other Senators unable to attend due to the voting schedule who will submit questions for the record. In any event, I would like to join, I know, all of my colleagues in thanking your family and your friends for supporting you here today. Breathe a great sigh of relief. With that, this confirmation hearing is adjourned. [Whereupon, at 11:32 a.m., the Committee was adjourned.] [Additional material submitted for the record follows.] A P P E N D I X Additional Material Submitted for the Record [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] NOMINATIONS OF STEPHEN R. BOUGH, NOMINEE TO BE DISTRICT JUDGE FOR THE WESTERN DISTRICT OF MISSOURI; ARMANDO OMAR BONILLA, NOMINEE TO BE JUDGE OF THE COURT OF FEDERAL CLAIMS; WENDY BEETLESTONE, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA; MARK A. KEARNEY, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA; JOSEPH F. LEESON, JR., NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA; AND GERALD J. PAPPERT, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA ---------- THURSDAY, JULY 24, 2014 United States Senate, Committee on the Judiciary, Washington, DC. The Committee met, pursuant to notice, at 10:15 a.m., in Room SD-226, Dirksen Senate Office Building, Hon. Sheldon Whitehouse, presiding. Present: Senators Whitehouse and Grassley. Senator Whitehouse. Well, I was going to call this hearing to order, but it looks like it has come to order on its own. It must be the distinguished presence of Senator McCaskill and Senator Toomey here. We welcome both of you. I understand that Senator Casey will be joining us shortly. I welcome my Ranking Member, Senator Grassley, who has agreed with me that rather than make our opening statements first and have the Senators who have candidates before us wait through all that, we will proceed directly with those Senators so they can go on about their business. And then we will make our opening statements afterwards. So we will begin with Senator McCaskill. You are recognized to make your statement in support of your nominee, and we welcome you to the Judiciary Committee. PRESENTATION OF STEPHEN R. BOUGH, NOMINEE TO BE DISTRICT JUDGE FOR THE WESTERN DISTRICT OF MISSOURI, BY HON. CLAIRE McCASKILL, A U.S. SENATOR FROM THE STATE OF MISSOURI Senator McCaskill. Thank you, Senator Whitehouse, and thank you, Senator Grassley. I know you all do great work here and have an awesome responsibility in terms of moving these nominees through so they can take their place on the bench and judicial economies can be realized by having a full complement of judges to hear cases. I better turn that off before I go any further. Typically, I do not bring a sheet of paper to talk off of when I talk about nominees that I have urged the White House to put in play because I know them pretty well, and this is no exception, except I was afraid I would forget all the stuff that Steve Bough has done if I did not bring a cheat sheet, because he has an amazing record of leadership within the legal profession in my State. He grew up in a small town called Republic, Missouri, and attended Missouri State University, which is located in Springfield in the southwest corner of our State. That is where he met his wife, Andrea. He attended law school at the University of Missouri, located in Kansas City, and he was editor-in-chief of the Law Review during his time at law school. After law school, he clerked for a very distinguished judge in our history in the State, Judge Scott Wright. After that, he began practicing law, and he has been a partner in his own law practice for a number of years. Prior to that, he was an associate at a very respected law firm, Shamberg, Johnson and Bergman. But he has been practicing on his own since 2002, in his own law firm, where he is a partner. So he understands the challenges of small businesses and that fear that you have gnawing in your stomach that everyone gets paid before you do. And, therefore, you must work hard. He is active in a lot of bar organizations and has served in leadership roles in almost every bar organization in our State. He has been president of the Kansas City Bar Association, Young Lawyers Section. He has been on the Board of Directors of the Kansas City Metropolitan Bar Association, the Board of Governors of the Missouri Bar Association, and currently serves on the Board of Governors of his university, Missouri State. He serves as an adjunct professor at UMKC Law School teaching Federal Jurisdiction and Trial Advocacy. Additionally, he serves on the Professor Robert Downs Scholarship Committee, an endowed scholarship at UMKC Law School. Steve has been president of the UMKC Law Alumni Association and is a member of the Board of Trustees for the UMKC Law Foundation. Now, the best part about Steve Bough are the people he has with him today. He has with him today his wife, Andrea, who is a lawyer in her own right. She is an accomplished attorney who works in a very respected law firm in Kansas City doing real estate development work, municipal bonds, and has specialized in making sure people understand their obligations under our Sunshine law, which is the State equivalent of FOIA. Then they have two children, and, boy, they look good today, and I have got to mention their names. I mean, Grant is sporting a bow tie, Mr. Chairman, that you should long for. Ashley and Grant are their two children, and they are very active in the community. Both Mr. and Mrs. Bough serve as elders in their church, and I remember my mother when she met Steve Bough at her church. He came up to her, as did his wife, and made sure that she knew that they were there for her at the church. And I remember her telling me not long after she met Steve Bough, ``You know, you need to do something for him someday. He is a class act. He is a smart man.'' I am really pleased that the White House has nominated him for this important job as district judge. He has been in the courtroom so many times. He understands that litigants need fair and--fair decisions that are made quickly, that all of the pleadings need to be read and appreciated, and the work that lawyers put into cases need to be consumed by judges, not just by people who work for them. And he will never get ``robitis.'' This is somebody who does not have an arrogant bone in his body, and even though his appointment is for his life, he will be humble his entire life as he sits in this important position in our judiciary. I appreciate very much the opportunity to introduce him to you today. I can confidently recommend his confirmation, and thank you very much for giving me this time. Senator Whitehouse. Thank you very much, Senator McCaskill. And I know that you have important and pressing business, so feel free to excuse yourself whenever you wish. After Mr. Bough, the rest of the nominees make this Pennsylvania Day here in the Judiciary Committee, so let us begin with my distinguished colleague, Senator Toomey. PRESENTATION OF WENDY BEETLESTONE, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA; MARK A. KEARNEY, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA; JOSEPH F. LEESON, JR., NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA; AND GERALD J. PAPPERT, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA, BY HON. PATRICK J. TOOMEY, A U.S. SENATOR FROM THE STATE OF PENNSYLVANIA Senator Toomey. Thank you very much, Chairman Whitehouse, and Pennsylvania Day is always a good day. So I am delighted to have this opportunity---- Senator Whitehouse. We are partial to Rhode Island Day and Iowa Day, too. [Laughter.] Senator Toomey. I am sure those are lovely days as well. Ranking Member Grassley, thank you very much also for all of your cooperation. Thank you for the opportunity to introduce four outstanding Pennsylvanians: Mr. Jerry Pappert, Ms. Wendy Beetlestone, Mr. Mark Kearney, and Mr. Joseph Leeson, all nominated by President Obama on June 16th of this year. And I appreciate the timely scheduling of this hearing and the efforts that you have made, in particular Senator Grassley, and others, to keep these four together so that we can continue to fill the vacancies that occur in Pennsylvania's three districts. I also want to thank Senator Casey, who is not here at the moment. I think he will be joining us. But Senator Casey has been a terrific colleague for collaboration in particular with respect to filling these vacancies. Together he and I have now been able to usher 11 Pennsylvanians through this process--10 district court judges, one of whom is now sitting in Reading, Pennsylvania; another in Easton, Pennsylvania. I mention those two because those courthouses had been vacant for many years prior to the confirmation of judges there. We have also placed a judge in Williamsport, also a courthouse that had been vacant for some time. We have had a judge confirmed to the Third Circuit Court of Appeals, Cheryl Krause, who was confirmed just earlier this month. And we are committed to continuing to work with each other to fill the handful of remaining vacancies that we have. Senator Casey, I have just been talking about you, and I just appreciate the very cooperative effort that we have had together and the success we have been able to enjoy. Let me just say a few words briefly about the four candidates we have before us today. First, Jerry Pappert has a terrific and diverse and very extensive legal experience. He is a partner with Cozen O'Connor. He has worked extensively on commercial litigation. He is a former Attorney General for Pennsylvania. He has successfully argued cases before the U.S. and the Pennsylvania Supreme Courts, won a landmark U.S. Supreme Court decision unanimously, the Booth v. Churner decision, that set forth the administration exhaustion requirement for a prisoner seeking to sue in Federal court. Jerry Pappert has enforced Pennsylvania's consumer protection laws, sued drug companies for price fixing, received a $19 million settlement. Mr. Pappert's diverse experience and really very keen intellect will serve him very well on the Federal bench. Wendy Beetlestone is also a very experienced litigator. She also happens to be an expert in education law. She is currently a shareholder at Hangley, Aronchick, Segal and Pudlin. She has litigated a number of very complex, major commercial disputes. She has been the general counsel for the Philadelphia School District, led 19 lawyers serving the school district, and represented the Philadelphia School District in a number of important litigations. She serves on numerous boards and advisory committees, on the Education Law Association, which is a nonprofit that offers information on current legal issues affecting education, on the Pennsylvania State Boards of Higher Education and Vocational Education. Ms. Beetlestone's litigation experience and the care and commitment she has demonstrated to her community will make her a great addition to the Eastern District Court of Pennsylvania. Mark Kearney is a very successful attorney. He is a managing shareholder at Elliott, Greenleaf, and Siedzikowski, where he has worked for 24 years practicing principally commercial litigation. He has done a lot of pro bono work, especially helping victims of child abuse. Mr. Kearney has also worked on an issue that is very important to me personally, and that is, helping to protect our children from predators in the first place. He has worked with the Montgomery Child Advocacy Project, representing children in criminal, dependency, and civil matters. Mr. Kearney is an outstanding lawyer and I believe an excellent candidate for the Federal bench. And then, finally, Joseph Leeson. Jay Leeson is a very respected lawyer in Allentown, Pennsylvania. He is a partner in Leeson and Leeson, has ample trial experience. His practice includes litigation, municipal law, nonprofit, and religious law. His commitment to public service is exemplary. He is currently the solicitor for Northampton County. He has served as the Bethlehem city solicitor. If confirmed, Mr. Leeson will sit in the Allentown courthouse, and I think that is important, Mr. Chairman, because it will be the first time that Allentown has had two Federal judges serving in the Allentown courthouse at the same time. And as the third largest city in Pennsylvania, and as the heart of the third largest region, the Lehigh Valley of Pennsylvania, we need to have a second Federal judge in the Allentown courthouse, and Mr. Leeson has indicated his intention to serve there. So all of these candidates have the crucial qualities that are necessary to be an outstanding Federal judge. They have the intellect, they have the integrity, they have the commitment to public service, and they have respect for the limited role that the judiciary has in our constitutional system. So I am delighted that each of them is willing to serve in this capacity. Again, I want to thank the Committee for this timely hearing, and I hope that they are favorably reported. They are all outstanding nominees, and I thank you, Mr. Chairman. Senator Whitehouse. Thank you, Senator Toomey. The senior Senator from the great State of Pennsylvania has now arrived, and I recognize Senator Bob Casey. PRESENTATION OF WENDY BEETLESTONE, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA; MARK A. KEARNEY, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA; JOSEPH F. LEESON, JR., NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA; AND GERALD J. PAPPERT, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA, BY HON. ROBERT P. CASEY, JR., A U.S. SENATOR FROM THE STATE OF PENNSYLVANIA Senator Casey. Mr. Chairman, thank you very much. I am honored to be before you, Senator Grassley as well. And I want to thank Senator Toomey not only for providing a summary of the experience and the qualifications of each of our nominees, but in a larger sense, even beyond today, for the work that we do together to try to arrive at a consensus in our State when it comes to candidates who come before both of us to seek nomination from the President for the district courts in our State. We have three Federal judicial districts. We get a lot of qualified people that come before us, and to arrive at a consensus is difficult and challenging. But it has been an honor to work with him in that process. I will not reiterate every part of the biographies and credentials of each of our candidates. I will summarize. But I think when it comes to each of these four, let me say first that I know each of them individually, have known them all for years, literally, some longer than others but many years in each case. I think probably what unites all of them is a combination of factors or credentials or qualifications which prepares them well to serve on the United States District Court for the Eastern District of Pennsylvania. One of those would be academic achievements. You know from their educational background, both undergraduate and law schools, you know of that part of their record. Second, I would say by way of experience, wide and diverse experience in the law, experience in front of all kinds of courts, including Federal courts. And then, third, in addition to that--I should say in addition to that experience, I would say public service as well in each of their cases. And then, third, the character and temperament, what we can best anticipate as what would be their judicial temperament as judges. But I think in each case they are people of high integrity. Let me just do a quick highlight of some of them. I have known Wendy Beetlestone for about a decade now or more, and Senator Toomey outlined her background, her academic background at the University of Pennsylvania Law School and Liverpool University, as well as her work as a law clerk for Federal Judge Gawthrop in the Eastern District--I am sorry, the Court of Appeals in Pennsylvania, as well as her work on education law and the public service that that entailed for the school district of Philadelphia, her private practice at the Hangley, Aronchick firm. So I know her to be someone who not only possesses the qualifications and the capability to be an effective Federal judge, but also the character as well. Mark Kearney I have known for more than--probably more than 10 years now, it is more like 20 or 25. Senator Toomey outlined his work at the Elliott, Greenleaf and Siedzikowski firm since 1990, clerking on the Delaware Court of Chancery, one of our most significant courts in the country dealing with matters--a range of matters with corporations and other matters that come before that court. Senator Toomey mentioned his advocacy for children, especially in a volunteer capacity, and his academic background. Mark is someone who I think understands, just as Wendy does, that when people come before Federal courts, they do not always come with power and influence. Sometimes the only shot they have is to come before that district court and that judge, and I think he will be a very strong Federal judge, as would Wendy. Jay Leeson I have known probably the longest of our candidates. I have known Jay not since he started in 1980 with his family's law firm, but not long after that, getting to know him in the world of government and politics, as well as our parents knowing each other for literally decades. Public service on the city council of Bethlehem, city solicitor as well. He went to the same law school I went to. That should not--we should recommend him in every instance, but I think it is a very strong law school, Catholic University of America, of course, graduating from DeSales University as well. Jay is someone who takes his job as a lawyer and advocate very seriously. I think he is the kind of person that we want in a Federal court because of his integrity and because of his broad experience as a lawyer and his commitment to public service. And then Jerry Pappert, someone that I got to know when I was in State government, he was the first Deputy Attorney General for Attorney General Mike Fisher, who was elected the same year I was elected as Auditor General. We were both statewide elected officials and had to work together and did work together well. I got to know Jerry in those years. Then later, of course, he became the Attorney General of the State after Attorney General Fisher became a Federal court of appeals judge, working as a partner at Cozen O'Connor and prior to that at the Duane Morris law firm. Again, tremendous public and private sector experience, the right kind of temperament and qualifications that we would expect from anyone serving on the United States District Court. So I think in each of these cases, they are people that do possess the experience and the commitment to public service we would hope for, but also that very critical ingredient, which is integrity and the kind of judicial temperament we would hope every judge possesses. So with that, and we can certainly supplement the record with more, I want to thank you for this opportunity and recommend all four of these with enthusiasm and gusto. And, again, I want to thank Senator Toomey for his commitment to working through our process. Senator Whitehouse. Let me thank you both. The process by which United States Senators make recommendations to the President as to who should be the nominee to the United States District Court in their home State is a very important one, and it is one that I think we on the Judiciary Committee should value a lot. Nobody knows their community better than the Senators from that community in the Senate, and these are very public acts to recommend someone. And when that comes, I think our colleagues take that responsibility very seriously. And the importance of not only the recommendation to the White House but the willingness of Senators to depart from their busy schedules to come here and speak for their nominees is something that is significant and appreciated. But I do know you both have busy schedules to get to, so let me excuse you from this hearing, and we will bring forward the nominees and proceed with our opening statements and get underway. Thank you very, very much. [Pause.] Senator Whitehouse. Does everybody know where to sit? Well, before you sit, let me ask you all to stand and affirm that the testimony you are about to give before the Committee will be the truth, the whole truth, and nothing but the truth, so help you God? Mr. Bough. I do. Mr. Bonilla. I do. Ms. Beetlestone. I do. Mr. Kearney. I do. Mr. Leeson. I do. Mr. Pappert. I do. Senator Whitehouse. Please be seated, and welcome to the Judiciary Committee. I know this is a proud day for you and for your families, and we appreciate that very much. We are here to consider six nominations to the Federal bench: Stephen Bough, nominated to the U.S. District Court for the District of Missouri; Armando Bonilla, nominated to the U.S. Court of Federal Claims; Wendy Beetlestone, Mark Kearney, Joseph leeson, and Gerald Pappert, all nominated to the U.S. District Court for the Eastern District of Pennsylvania. I welcome each of you and your families and your friends to the U.S. Senate, and for those who are participating electronically, I welcome them as well. Voting to confirm an individual to the Federal bench is one of the most important and lasting decisions that a Senator can make. Every day Federal judges make decisions that affect the lives of ordinary Americans in all walks of life, often in vital ways for that individual. In performing that function, judges must respect the role of Congress as the elected representatives of the American people. They must decide cases based on the law and the facts. They must not prejudge any case but listen to every party that comes before them with an open mind. They must respect precedent, and they must limit themselves to the issues that the court must decide in the matter before them. I hope that each judicial nominee that we hear from today understands the importance of those baseline principles. Judicial nominees also must have the requisite legal skill to serve as a Federal judge. Each of today's nominees has an impressive record of achievement. As a result, I believe that each nomination deserves prompt and favorable consideration. We need good judges for our system of justice to function. I also think it is important that our judges respect the function of the jury. The jury is an important element in our constitutional system of Government. Blackstone himself wrote that, ``The most powerful individual in the state will be cautious of committing any flagrant invasion of another's right when he knows that the fact of his oppression must be examined and decided by 12 indifferent men.'' Now, of course, to him, ``indifferent'' meant something a little different than what we now mean. It meant ``impartial.'' And ``men'' is now ``men and women,'' thankfully. But the principle behind Blackstone's comment I think is true. The jury is an important element in our structure of Government that can hold to actual individuals and institutions that may not be able to be held to account in any other form of Government, which is why de Tocqueville in ``Democracy in America'' wrote that the jury is, before everything, a political institution, one ought to consider it as a mode of the sovereignty of the people. Each of you will have the chance to manage juries, I hope, and I hope that you treat them with respect and allow them to have the role that they deserve. Before I turn to our Ranking Member Senator Grassley, let me do two brief orders of business. One, I would like to welcome and introduce Armando Bonilla. As an appointee to the Federal Court of Claims, he does not have a home State Senator to make his introduction. He is nominated to the U.S. Court of Federal Claims for a 15-year term. He spent his entire legal career serving in the Department of Justice. Since March 2014, he served as an Associate Deputy Attorney General in the U.S. Department of Justice's Office of the Deputy Attorney General, and for those of us who have served in the Department of Justice, we know that that office is an extraordinarily busy one where virtually every difficult issue the Department faces comes. He before that served as senior counsel and previously as a trial attorney in the Civil and Criminal Divisions of the Department. He has also taught as an adjunct professor at the George Washington University School of Law. Although born in New York, Mr. Bonilla received his B.A. from West Virginia University and his J.D. magna cum laude from Seton Hall University. After graduating law school, he clerked himself for U.S. District Court Judge Garrett E. Brown from the District of Delaware. So now everyone stands introduced, and I would like to ask unanimous consent to put into the record a letter that I received from Gerald Coyne in support of Mr. Pappert, who is here. When I was the Attorney General in Rhode Island, I hired Jerry to be my Deputy Attorney General. He did a good enough job that every successive Attorney General after me has kept him on as the Deputy Attorney General. He is one of these quiet guys who just makes sure that everything runs calmly, on time, efficiently, and that the right answer is achieved. And so I take his recommendation very seriously, and I am very pleased that he wrote this letter, and without objection, it will be made a part of the record. Congratulations, Mr. Pappert, on a wonderful letter from somebody who in Rhode Island we value very highly. [The letter appears as a submission for the record.] Senator Whitehouse. I will turn now to my distinguished Ranking Member. OPENING STATEMENT OF HON. CHUCK GRASSLEY, A U.S. SENATOR FROM THE STATE OF IOWA Senator Grassley. Mr. Chairman, even though Mr. Bonilla did not have anybody to introduce him, you did a good job of that. Tim Kelly of my staff spoke very highly of him last night and made a 12-hour advanced introduction of him. First of all, to all of you, you are to be congratulated on this advancement of your political career, a very important milestone for you but also for your families and friends, and so we welcome you and congratulate you. Although we have these nomination hearings regularly--this is our 11th hearing this year--each one of them is a very serious and important event, much as the Chairman has just pointed out. All but one of you have been nominated to lifetime positions. When I consider each candidate, I look at their legal background and qualifications. I look at how long they have practiced law and what kind of experience they have. And I also consider what we refer to as temperament, demeanor, and commitment to integrity. I believe that temperament is just as important as legal qualifications. Our Federal judges need to be able to thoughtfully, calmly, and impartially consider each case before them. They need to treat all litigants that come before them with respect and dignity. Many of the candidates who come before us today have been politically active, and I have no problem with that. And I have voted for nominees whose political preferences are far different from mine. But I do believe that we can learn a lot about someone's potential judicial demeanor based on how they have treated those who disagree with them politically. Have they been fair and respectful in their political discourse? I understand political passion. And as the old saying goes, ``Politics ain't beanbag.'' But the power of our judiciary rests entirely on the people's confidence in impartiality. And we can debate how far is too far in politics, but we can all agree that what may be in bounds in the political arena may not be appropriate for the Federal judiciary. If litigants doubt a judge's ability to be impartial and treat those in front of him or her with respect, then confidence in our judicial system will erode quickly if they cannot count on that. And, of course, that concerns me. During today's hearing I look forward to engaging in a discussion with each of you. I doubt if I will have time to ask each of you the length and breadth of questions I would like to, so you will probably get some questions to respond in writing. I appreciate your responses to those. While the President's job to nominate, it is the Senate's job to consider whether to confirm each of you to the position you have been nominated for. Congratulations once again, and I yield. Senator Whitehouse. Thank you very much, Senator Grassley. Let me give each of the nominees a chance to make an opening statement here, and we would welcome your introduction of family members and friends who are with you. So let us proceed right across the table. Let me see. It is not quite alphabetical, but anyway, we will go from left to right, starting with Mr. Bough. Please proceed. STATEMENT OF STEPHEN R. BOUGH, NOMINEE TO BE DISTRICT JUDGE FOR THE WESTERN DISTRICT OF MISSOURI Mr. Bough. Thank you, Senator. I would like to thank the President for nominating me and Chairman Leahy and Chairman Whitehouse and Ranking Member Grassley. I would like to thank both Senator McCaskill and Senator Blunt for giving me the opportunity to be here today. I would also like to introduce my family again: my daughter, Ashley, who just turned 16; my wife, Andrea Bough, who is an attorney in Kansas City at Lewis, Rice and Fingersh; and my son, Grant Bough, who will be turning 11 next month. Senator Whitehouse. He would be the one in the bow tie? Mr. Bough. He would be the good-looking young man in the bow tie. Senator Whitehouse. Very good. Mr. Bough. Thank you, Senator. [The biographical information of Mr. Bough appears as a submission for the record.] Senator Whitehouse. Mr. Bonilla, please proceed. STATEMENT OF ARMANDO OMAR BONILLA, NOMINEE TO BE JUDGE OF THE COURT OF FEDERAL CLAIMS Mr. Bonilla. Thank you, Chairman Whitehouse, for that kind introduction, and Ranking Member Grassley and Members of the Senate Judiciary Committee for scheduling this hearing to consider our nominations. I would also like to thank President Obama for bestowing upon me the highest honor of my professional career in nominating me to serve on the court where I learned to be a trial lawyer 20 years ago. Here with me today are my wife of 10 years, Dr. Jacqueline Wright Bonilla, who served as an administrative patent judge; our daughter, Brycen, who is 9; and our son, Armando, who goes by ``AJ,'' who is 6; my mother, Aleida Bonilla; and a dear friend of the family for over 40 years, Harold Paul. Seated with my family are my closest friends and the godparents to my children, Amy Brown and Karen Fisher, who has the honor of serving for Senator Wyden; and two people who started with me 20 years ago at the Department of Justice: Federal Circuit Judge Todd Hughes and Laura Loomis Ramone. Sadly, my father passed away shortly after I joined the Department of Justice and can only be here in spirit. He was a man who worked two and three jobs to make sure that my life's ambitions and dreams would not be limited. And he and my mother raised me to truly believe that a person who grows up cleaning law firm offices at night with his parents can someday be nominated by the President and considered by the Senate for a seat on the Federal bench. He truly would have loved this day. I would like to welcome via the Webcast my sister, Barbara, and her partner, Bob Feldman, who I believe are sitting on a beach somewhere watching this on their iPad; and a dear friend of mine for over 20 years, Colleen Conrey; and from the west coast, my mother-in-law, Joy Adams; my father-in-law, Paul Wright, and his partner, Lenora; and my brothers-in-law Mike, Mark, and Alex Wright, and his wife, Nicole, who welcomed their first child into this world earlier this week. And, finally, I would like to thank my Justice Department colleagues, past and present, some of whom are here today, for their service to this Nation and for making the Department of Justice an amazing place to work and to learn and for sharing with me their talents. I thank you again for considering my nomination. [The biographical information of Mr. Bonilla appears as a submission for the record.] Senator Whitehouse. Thanks, Mr. Bonilla. Ms. Beetlestone, welcome. STATEMENT OF WENDY BEETLESTONE, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA Ms. Beetlestone. Thank you, Senator. I would like to take this opportunity to thank President Obama for honoring me with this nomination. I would also like to thank Senators Casey and Toomey for their kind words and their support through this process. Senator Whitehouse and Ranking Member Senator Grassley, thank you so much for the hard work that you do on this Committee. I have a fair number of family members today in the audience: my husband, John, John Detre; our daughter Claudia Detre, who is going into the University of Pennsylvania engineering program in just a few weeks; and daughter Naomi Detre who is 16 and just about to go into the process of deciding which college she is going to go to; my mother, Clare, my sister, Linda, and her husband, Andy Bowen; as well as my niece, their daughter, Eleanor ``Nell'' Bowen; my brother, Philip, who flew all the way from Botswana; and I am particularly appreciative that the hearing actually occurred when he was here in the country; and our dear friends, Chris Simpson and Joanna Crawford. Thank you so much. [The biographical information of Ms. Beetlestone appears as a submission for the record.] Senator Whitehouse. Thank you very much, Ms. Beetlestone. Mr. Kearney. STATEMENT OF MARK A. KEARNEY, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA Mr. Kearney. Good morning, Senator. Senator Whitehouse. Good morning. Mr. Kearney. Thank you, Mr. Chairman, thank you, Mr. Ranking Member, for the opportunity to address you. I want to thank Senator Bob Casey and Senator Pat Toomey. We sit here in this spot realizing how fortunate we are in Pennsylvania to have two distinguished servants who really benefit all Americans by the process that they engage in for this service. I want to thank President Obama. The honor that he has given my family is humbling and will be forever--we will be forever grateful for his confidence. I also have a series of family members who commuted from Pennsylvania and elsewhere to be here, and I would like to take a moment to recognize them. I would like to start, of course, where I always start, with my wife, Eileen. Eileen is the bedrock of everything we see, and I thank her for being here and being here every day. I would like to introduce my son, Seamus. Seamus is going into 9th grade at Ian Academy; my daughter, Mary, is going into 7th grade at Norwood-Fontbonne. Both schools are in Montgomery County, Pennsylvania, where we are from. I would like to introduce my sister, Karen Finnegan. Karen is here with her husband, Michael Finnegan; my godson, Michael Finnegan; and my niece, Kate Finnegan. My father passed a few years ago, and he would have greatly enjoyed this. The person who most looks like him in the world is here, and that is his sister, my aunt Marie, known as Peony Scullin, who is here at every one of these events my entire life, and she is here today with her daughter, my cousin, Teresa Scullin. My mom passed in 2012. The woman who looks most like my mom is here, and that is Mrs. Agatha Kane, known as Aunt Aggie. And I am so grateful that she is here. She is here with her daughters, my cousins, Eileen and Denise. I am also blessed that two friends drove down from Philadelphia this morning, two very busy lawyers and businesspeople. First is my best man and dearest friend, Tom Egan. Tom Egan's name resonates in the Eastern District of Pennsylvania. His grandfather was a distinguished jurist on the Eastern District of Pennsylvania. Tom is a very distinguished trial lawyer in the Eastern District of Pennsylvania, and I am honored that he is here. He is also the godfather of my daughter, Mary. I am also blessed that my friend, Ken Tepper is here. Ken also worked with me at the Elliott, Greenleaf firm and is a long-time friend and confidante. I am honored he would take time to come see me. I also have to thank those people who could not be here but are, I am sure, watching on Webcasts, and I started, of course, with Eileen's family: her mom, Eve Brennan, who I am sure is watching. I also thank the very talented and extraordinary trial lawyers at my law firm, Elliott, Greenleaf, for all they have done for me and for all they have taught me. I want to thank my friends in the Delaware bar. I was hoping to say hello to Senator Coons. As you may know, I started in the Delaware bar and clerked in the Court of Chancery, and I have a great affection for the practice of law in the Chancery Court. And I would like to thank my friends at the Montgomery County bar and bench who have been so instructive to me, both in collegiality and excellence, and in demeanor, and I thank them. And, last, I have had the opportunity, Mr. Chairman, to serve as a baseball coach for many years. It is a great opportunity to train and teach. And I want to thank the many people who are watching on webcast, and, in fact, a family that drove down here who I had the opportunity to coach. So thank you very much. I look forward to answering your and the Ranking Member's questions. [The biographical information of Mr. Kearney appears as a submission for the record.] Senator Whitehouse. You are most welcome. And we will turn now to Mr. Leeson. STATEMENT OF JOSEPH F. LEESON, JR., NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA Mr. Leeson. Senator Whitehouse, I would like to thank you and Senator Grassley for convening this hearing to evaluate and consider my nomination as well as that of my fellow nominees here today. I would like to thank the President for making this nomination. I would like to thank Senators Casey and Toomey for their recommendation of me to the President and for their kind and supportive words this morning. I would like to acknowledge and thank the presence of my wife, Loretta Leeson, who is here today; my son Joseph Leeson III, who is also with us today; my daughter Patricia Leeson, who is here with us today; my son Robert Leeson, who is here with us today; and my other two children, Maureen Leeson and Kathleen Leeson. Maureen is in Seattle, Washington, working, and my daughter Kathleen is in Pennsylvania working today, and I know they will be watching either contemporaneously by Webcast or later today watch the Webcast of this. And I thank them for their love and support. They are the joy of my life, my wife and my children. And I thank you again for convening this hearing. [The biographical information of Mr. Leeson appears as a submission for the record.] Senator Whitehouse. Thanks, Mr. Leeson. And the final member of the panel, Gerald Pappert. Let me also offer, without objection, into the record of this hearing a letter that Chairman Leahy has provided me from my former colleague, the Attorney General of Vermont, Bill Sorrell. And without objection, that will be added to the record also in support of Mr. Pappert. [The letter appears as a submission for the record.] Senator Whitehouse. Please proceed. STATEMENT OF GERALD J. PAPPERT, NOMINEE TO BE DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA Mr. Pappert. Senator Whitehouse, thank you very much for those kinds words and for passing along the support of General Sorrell and Chief Deputy Coyne. Thank you to all of the Members of the Committee. Senator Grassley, thank you very much for everything you did along with the other Members of the Committee to enable me to be before the Committee for your consideration today. I am deeply grateful to you. I want to thank, of course, Senators Toomey and Casey for their confidence and trust in me and their recommendation to the President, and thank the President for the honor of nominating me to this very important position. Of course, all thanks start with, for all of us, our spouses and our children. I want to thank my wife, Ellen, and daughter, Mary, for their love and support. Mary will be beginning high school this year. They are watching us on the Webcast. And I want to thank some family and friends who are here with me today, specifically my niece, Kate Dugan, who joined us today, and particularly my friend and mentor and former boss, Judge Mike Fisher, former Attorney General Fisher, and his wife, Carol. Of course, I was Mike's first deputy in the office, which is where I got to know Jerry Coyne so well, and if I have the honor and privilege of being confirmed to this position by the Senate, Mike, who now sits on the Third Circuit, will once again be reviewing my work. So I hope he looks forward to that as much as I do. But I am grateful to Mike and Carol and to Kate for being here. I am honored to be before you today, Senator, and I look forward to answering any questions that you or any other Members of the Committee may have. Thank you. [The biographical information of Mr. Pappert appears as a submission for the record.] Senator Whitehouse. Thank you very much, Mr. Pappert. Thank you for mentioning that Judge Fisher is here. I see him now, but I did not see him earlier. We served as Attorneys General together along with Attorney General Sorrell from Vermont, and it is terrific that he has taken the trouble. General, Your Honor, welcome. Thank you for joining us. You were here for my opening statement. I made a list of what I think are the baseline rules for district judges to follow. To repeat, they are that judges should respect the role of Congress as the elected representatives of the American people; that they should decide cases based on the law and the facts; that they should not prejudge any case but listen fairly and with an open mind to everyone that comes before them; that they should respect the precedent that has been laid down; and that they should limit themselves to the issues that are before them that the court must decide. I think those are, as I said, baseline considerations, but baseline considerations are always worth reiteration, and I just want to hear from each of you that you support those rules and will abide by them as United States district judge, if confirmed. Mr. Bough. Senator Whitehouse, I have heard those rules, and I will fully abide by them. Senator Whitehouse. Mr. Bonilla. Mr. Bonilla. Yes, Senator, I agree. Senator Whitehouse. Ms. Beetlestone. Ms. Beetlestone. I agree also. Mr. Kearney. I agree. Mr. Leeson. I agree, fully committed. Mr. Pappert. Yes, Senator, I agree as well. Thank you. Senator Whitehouse. Thank you. I know that is pretty straightforward stuff, but, still, it is good to make that record. The other concern that I bring to this hearing is that, in the way that I look at our history and in the way that I look at our system of justice, the jury plays a very important role. It is one of the few places where ordinary men and women have the opportunity to participate in an office of government, which the jury is, and to make firsthand and in the community decisions that can be vital to that community and are very often absolutely vital to the party that is before them. I would also note that the jury is an institution that is very hard to play politics with. Tampering with the views of the executive branch and the legislative branch is a constant pastime, and we license it through lobbying and campaign finance activities. Tampering with a jury is a crime, and that means that the jury can be the last place where someone who is unpopular or someone who has powerful adversaries can get a fair shake. And what I look out and see is an institution of government that is dying and shriveling, that is increasingly hard to get before, that is increasingly rare, and my concern is that too many judges now see the jury as sort of a fact- finding appendage to the court that if you can get cases by them without going to them, then it will save them the trouble of having to sit on cases, and it will allow the court to move its calendar, and that is kind of the end of the lesson. I think that there is harm done by that view of the world to the very structure of our Government, and that the more we can take as democratic and powerful an institution as the jury into our lives, the better off we are. So, in any event, some of you had lots of experience with juries. I would like to hear a word from each of you about the jury and its role in our system of Government and how you would see operating with juries in your courtroom if you are confirmed. We will start again--let us go the other way this time, just to shake it up. Mr. Pappert, you lead off. Mr. Pappert. Thank you, Senator, very much. The jury system, of course, is the bedrock of our judicial system and our constitutional structure here in the country, and I think that it is crucial to respect at all points along the timeline in a litigation matter the role of the jury and to allow the jury to serve its function. Finally, I think it is important for a trial court judge to recognize the sacrifice that the individual jurors make to sit on juries and to provide the essence of the system for us and to treat them respectfully and accordingly. Thank you. Mr. Leeson. Senator, I have spent much of my professional life trying cases in front of juries. They are a fundamental part of the bedrock of our democracy. No less a personage than Thomas Jefferson himself once said that the jury system is the great equalizer between the powerful and the powerless. And I have observed that in my own work that people can come into court, get a fair shake from 12 citizens, their peers, hear their case and decide it fairly. I am fully committed to the jury system. I want to see it strong, and I believe fully in it 100 percent. Senator Whitehouse. Thank you very much. Mr. Kearney. Mr. Kearney. Thank you, Senator, for the question. As a commercial trial lawyer, I recognize, maybe uniquely, the role the jury has in those type of disputes. Oftentimes, as Mr. Chairman mentioned, courts will look beyond that because they may be business disputes and they can be decided on paper. My experience has always been that the jury is the great equalizer, to borrow my colleague's quote. It is absolutely what works in the system. Like Mr. Pappert, I would absolutely agree that the members of the jury, having served on a jury, the members of the jury deserve all the respect that should be accorded to them under the principles that have been, I think, since the 12th century. And I strongly believe that the lawyers who come--if I am honored enough to join that court, the lawyers that come before the judges should recognize at the end of the day this is a jury trial in most contexts. Senator Whitehouse. Thank you very much. Ms. Beetlestone. Ms. Beetlestone. Thank you for that question, Senator. If I am confirmed, I certainly would respect the jury. I have always respected and been honored in being called to jury selection, and if I were to have the honor of running a courtroom, I would honor the people who give their time and effort to serve on juries. My view is that in being a judge, one should respect procedure, one should respect substantive law, and also respect the parties, and the parties--by the ``parties,'' I mean litigants, attorneys, and particularly the jury. Thank you. Senator Whitehouse. Thank you, Ms. Beetlestone. Mr. Bonilla. Mr. Bonilla. Thank you, Senator. I agree with all the statements of my colleagues. Having tried a number of cases before juries and having observed a number of jury trials during my clerkship and having actually sat on a jury that went to verdict, I am in awe of how serious all the jurors take their responsibilities. Unfortunately, the Court of Federal Claims does not have jury trials. We only have bench trials, so I will not be given the privilege and the honor of working with jurors. Senator Whitehouse. You are exempt. [Laughter.] Senator Whitehouse. Mr. Bough. Mr. Bough. As a trial lawyer who has resolved many cases in front of a jury, I am a strong believer in the Seventh Amendment right to trial by jury. It is often said that the two most important boxes in the world are the ballot box and the jury box, and I strongly believe that. In my role as an attorney in Kansas City, I serve on an organization called the Missouri Institute for Justice, which has plaintiffs' lawyers and defense lawyers; the Chamber of Commerce is a member, and we collectively work in Jefferson City with Democrats and Republicans to ensure that our jury system is not tampered with and to ensure that our judges are nonpartisan in their actions. That is one of the proudest things I do. Senator Whitehouse. Thank you very much. I am now honored to turn to our Ranking Member, Senator Grassley. Senator Grassley. I hope none of you will be disappointed if I do not ask all of you questions. I think I am only going to take time for a couple questions of a couple people and then submit the rest of my questions for answer in writing. I am going to start with Mr. Bough. You have a reputation for writing quite a few blogs as a political leader. You wrote on a lot of political topics, but you also wrote about other issues such as what makes a good judge and what does not. And one time you maybe said something you might regret: ``Who reads this blog will agree I should not be a judge.'' [Laughter.] Senator Grassley. So there are some who--now, I am not going to ask you questions about your blog. I am going to ask you questions about another matter. But I just wanted to make you aware that some question whether you possess the temperament we typically look for in a candidate for a Federal judge. I just wanted you to know in fairness that we will be taking a close look at your writings in the blog, and I imagine some of my colleagues will as well. Today, though, in the limited time, I would like to ask about some complaints you filed with the Federal Election Commission. According to the FEC records, you filed two complaints--one in 2008, one in 2012. The FEC dismissed both complaints. They dismissed the 2008 complaint with a brief summary opinion, and in 2012, you appeared to redouble your efforts. You filed a 93-page complaint against the same candidate. The FEC responded to the filing by dismissing all your complaints. Their dismissal provided a meticulous response to each of your claims and found that your complaints had ``no basis for its allegations.'' The ruling criticized your allegations as ``lacking adequate specificity,'' for being ``vague and speculative and unsupported.'' The bottom line is this: These complaints strike me as frivolous, and what troubles me about them is you appear to be utilizing this Government entity for purposes of harassing political opponents. So I would like to ask if you would identify, either now or you could do it later in writing, what evidence you had to support the following accusations that were not included in your complaint. In your 2012 complaint, you accused the candidate's campaign of, among other things, ``continuing failing to report expenditures'' related to billboard advertising. The Commission noted that your complaint provided ``no basis for its allegations,'' found that the allegations were ``vague and speculative,'' and concluded that there was ``no reason to believe the campaign failed to report expenditures.'' Other than the de minimis material included in the appendix to the complaint, upon what evidence then did you base this allegation? That is one question. And then I will ask another question, and that will be it. Mr. Bough. Senator, thank you for that question. I did make those FEC filings relating to congressional races in the Kansas City area while I served as the Democratic Chairman. I believe that the FEC found that there were violations, but found that they were de minimis violations. However, I am a strong believer, as I think would serve me well if I have the honor to serve as a judge, that all the rules are to be followed, and that the system should work out those differences. The 2012 filing was 93 pages with attachments. I believe that there was specificity, which had to come through 93 pages and all the attachments. In particular, as to the billboard, the billboard was paid for, I believe, for 1 month and it was up for the entirety of the campaign season, and I will be more than glad to provide that additional information to you after this hearing. Senator Grassley. You also accused the candidate's campaign of illegally coordinating communication with a political action committee, Missouri Right to Life. The Commission noted that there was ``no substantial similarity'' between the two ads compared in your complaint and found that there was ``no reason to believe''--that is a quote--the campaign illegally coordinated communications other than the photograph of a Missouri Right to Life ad and the printout of the candidate's campaign website you included with your complaint. Upon what evidence did you base the allegation? Mr. Bough. Thank you, Senator. What we did provide the FEC, which shows a great level of specificity, that on the Right to Life web page that it mirrored the information on the candidate's web page, different word-for-word, verbatim coordination, and that will be information I will provide to you after this hearing. Senator Grassley. Okay. [The information referred to appears as a submission for the record.] Senator Grassley. Mr. Leeson, in June 2012, you participated in a religious freedom forum. The forum discussed the Health and Human Services mandate which is part of the Affordable Care Act. You made the comment that the HHS mandate is ``un-American, unprecedented, and blatantly unconstitutional'' and that it violated the First Amendment, the Administrative Procedures Act, and the Religious Freedom Restoration Act. Presumably, you were speaking about the mandate included in the Affordable Care Act that required some employers to provide abortion-inducing drugs. A, could you provide a context for that comment? What exact elements of the Affordable Care Act were you discussing? First question. And then I will follow it up. Mr. Leeson. The context is I was asked by one of my clients, the Catholic Diocese of Allentown, to represent it at this forum on the subject of the First Amendment and religious liberty. That was the context in which I was representing the client and made those remarks. Senator Grassley. And is that the exact element of the Affordable Care Act that you were discussing? Mr. Leeson. By sheer coincidence, my remarks were made 24 hours, unknowingly, before the U.S. Supreme Court handed down its ruling declaring the Affordable Care Act constitutional. So at the time that I was discussing it, I was discussing the Act overall. There was a specific discussion on the mandate as well. And in retrospect, the use of the term ``un-American'' I think was not an appropriate choice of words on my part. Senator Grassley. Okay. And the last question, do you have any views that would make you unable to discharge your duties faithfully as a U.S. district judge? Mr. Leeson. No, Senator Grassley, there is nothing in my personal beliefs or my faith that would prevent me from applying and upholding all precedents, without exception, of the U.S. Supreme Court and the Third Circuit Court of Appeals. No exceptions. Senator Grassley. Thank you. And for the other four of you, I will have questions to submit in writing, and maybe for the other two some followup questions. [The questions of Ranking Member Grassley appear as submissions for the record.] Senator Grassley. Thank you very much. Mr. Bough. Thank you, Senator. Mr. Bonilla. Thank you, Senator. Ms. Beetlestone. Thank you, Senator. Mr. Kearney. Thank you, Senator. Mr. Kearney. Thank you, Senator. Mr. Pappert. Thank you, Senator. Senator Whitehouse. Very well. Thank you very much for the time you have spent with us this morning. Congratulations on your nominations. We wish you well in the process going forward. As you know, it is cumbersome, unwieldy, uncertain, among its other advantages. But very often it ends in a happy result, and 1 day you will be, with any luck, sitting behind the bench and this will only be a dim and distant memory, all that you have been through to get here. But I really do appreciate that each of you has demonstrated sufficient leadership in your communities and sufficient legal skill and sufficient character that your home State Senators and the President of the United States have recommended and selected you for these different positions. They are positions of great honor and trust, and we hope that as you go forward you will not only meet with success through the confirmation process, but that you will equip the duties that you will then assume with the distinction that they deserve. The hearing record will remain open for further materials for one additional week---- Senator Grassley. We probably need to add that other Members will have questions in writing as well. Senator Whitehouse. Yes, and obviously your nomination will not go forward until those questions have been responded to. So I would advise dispatch in doing that. So best wishes to you all, and that will conclude the hearing. [Whereupon, at 11:14 a.m., the Committee was adjourned.] [Additional material submitted for the record follows.] A P P E N D I X Additional Material Submitted for the Record [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] NOMINATIONS OF HON. MADELINE COX ARLEO, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF NEW JERSEY; VICTOR ALLEN BOLDEN, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF CONNECTICUT; DAVID J. HALE, NOMINEE TO BE DISTRICT JUDGE FOR THE WESTERN DISTRICT OF KENTUCKY; AND GREGORY N. STIVERS, NOMINEE TO BE DISTRICT JUDGE FOR THE WESTERN DISTRICT OF KENTUCKY ---------- TUESDAY, JULY 29, 2014 United States Senate, Committee on the Judiciary, Washington, DC. The Committee met, pursuant to notice, at 9:41 a.m., in Room SD-226, Dirksen Senate Office Building, Hon. Richard Blumenthal, presiding. Present: Senators Blumenthal, Coons, and Grassley. Senator Blumenthal. We will now call the Judiciary Committee to order. We are today considering four nominees to district courts in the States of New Jersey, Connecticut, and Kentucky. And in consideration of the Senators' very busy schedules, I would like to begin by inviting Senator Paul of Kentucky and Senator Murphy of Connecticut to make introductory remarks about the nominees from their respective States. Senator Paul. PRESENTATION OF DAVID J. HALE, NOMINEE TO BE DISTRICT JUDGE FOR THE WESTERN DISTRICT OF KENTUCKY, AND GREGORY N. STIVERS, NOMINEE TO BE DISTRICT JUDGE FOR THE WESTERN DISTRICT OF KENTUCKY, BY HON. RAND PAUL, A U.S. SENATOR FROM THE STATE OF KENTUCKY Senator Paul. Thank you, Senator Coons, and thank you, Ranking Member Senator Grassley. Both Senator McConnell and I support these nominees, Greg Stivers and David Hale, to become district judges from Western Kentucky. We believe both of these gentlemen are highly regarded and would make great additions to the district court. I have known Greg Stivers for over 20 years. I have known him as a friend, a neighbor, and a father. He is respected in the community. He has wisdom, a sense of justice, and a fidelity to the rule of law. Greg Stivers earned his J.D. from the University of Kentucky in 1985, has practiced law in my home town of Bowling Green for many years, primarily focusing on employment, business, and real estate. Greg has served as president of the Big Brothers Big Sisters of South Central Kentucky. He is a founding board member of Western Kentucky Research Foundation and has served as president of Hilltopper Athletic Foundation. I think Greg Stivers will make a great Federal judge. David Hale is another proud graduate of the University of Kentucky College of Law. He was confirmed as a U.S. Attorney for the Western District of Kentucky in 2010. Formerly, David served as Assistant U.S. Attorney. During that time he prosecuted a vast array of criminal cases and represented the Government in numerous cases of civil litigation involving fraud against the Government. Previously, David served on the board for the Urban League of Louisville and Kentucky Educational TV, the State's public television network. In my interactions with him as a Senator, I have been particularly pleased by his responsiveness and respect for Congress. I think David will make a great Federal judge as well. Both of these nominees understand the role of a judge and will approach the job with a sense of justice expected by those who enter the courts. Their nominations are an example of all sides coming together in a bipartisan way for the good of the Commonwealth and the country. I look forward to their confirmation as a district judge and to your consideration of their confirmation. Thank you. Senator Blumenthal. Thank you very much, Senator Paul. And I do not know yet whether Senator McConnell---- Senator Grassley. Could I speak to that point? Senator Blumenthal. Certainly. Senator Grassley. Senator Grassley. Senator McConnell was planning to be here this morning to introduce and show his support for the nominees from his State of Kentucky, as Senator Rand Paul has now. But because we got started late and his presence was needed on the Senate floor, he could not be here in person. So he was disappointed he could not be here and sent along a statement for the record that I would like to have inserted. Senator Blumenthal. Without objection. [The prepared statement of Senator McConnell appears as a submission for the record.] Senator Blumenthal. Thank you, Senator Paul. Senator Murphy, would you like to introduce the nominee from the State of Connecticut? PRESENTATION OF VICTOR ALLEN BOLDEN, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF CONNECTICUT, BY HON. CHRISTOPHER MURPHY, A U.S. SENATOR FROM THE STATE OF CONNECTICUT Senator Murphy. Thank you very much, Mr. Chairman, Ranking Member. Thank you for having me here today. It is my honor to introduce my friend, Victor Bolden, before the Committee. Mr. Bolden is one of Connecticut's most experienced and well- qualified lawyers. He has clearly demonstrated the intellect, the integrity, and the life experience that will make him a capable Federal court judge. It is also terrific to see so many of his family members here with us today. I know he will introduce them to you. Victor was born in New York City in 1965 and received his bachelor's degree from Columbia University, went on to receive his law degree from Harvard. He has demonstrated a unique, lifelong commitment to public service, serving as an attorney for two national civil rights organizations, and as a corporation counsel for the city of New Haven. Along the way he has worked on some of the most significant civil rights cases of our time with distinction. And in addition, he has worked pro bono for a number of very important organizations in Connecticut, among them the Connecticut Food Bank and the Connecticut Veterans Legal Center. His experience and success as an advocate has been wide- ranging. One of his colleagues wrote in support of his nomination to the bench, ``I am struck by the depth and breadth of Victor's experience as a trial and appellate lawyer in private practice, as a teacher, writer, and public speaker, as counsel to the NAACP and ACLU, and as corporation counsel to the State of New Haven. In each of these roles, Victor has impressed not only his colleagues but even those who have argued against him.'' He previously worked at the NAACP Legal Defense and Educational Fund, serving as their general counsel. He then worked at the law firm--or before that worked at the law firm of Wiggin and Dana, one of our biggest firms in New Haven, Connecticut. He began his career at the American Civil Liberties Union Foundation. Most recently he has served New Haven as its corporation counsel, a position that he has held since 2009. It is there that he has gained broad bipartisan respect throughout the city, region, and State. It does not hurt that Victor is known for bringing cake to the staffers at City Hall every Friday afternoon. But he has gotten a reputation as a go-to guy in New Haven, especially from many of the young lawyers that he mentors. In short, Victor is a man who has consistently used his talents and passion to give back to the community around him. His entire life experience has prepared him to be a compassionate and impartial judge, and I am confident that Victor Bolden will be an outstanding addition to the Federal bench. Thank you very much, Mr. Chairman, for allowing me to introduce him today. Senator Blumenthal. Thank you both very much. Thank you for being here. For those who may not be familiar with our process, our two Senators who are here to introduce nominees from their States have other obligations, and they will probably leave to attend to Committee hearings and other business. Thank you so much for being here this morning. We will have one more Senator to introduce a nominee from his State, and I would just like to welcome everyone. And, Senator Menendez, thank you for joining us. PRESENTATION OF MADELINE COX ARLEO, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF NEW JERSEY, BY HON. ROBERT MENENDEZ, A U.S. SENATOR FROM THE STATE OF NEW JERSEY Senator Menendez. Mr. Chairman, thank you very much for the opportunity, and to you and to the distinguished Ranking Member and to all the Members of the Committee, it is my pleasure and honor to come before the Committee today to introduce Madeline Cox Arleo, nominated to the U.S. District Court for New Jersey. She is a New Jerseyan who in her life and her career has embodied the qualities of respect for justice, the rule of law that we look for in all our judicial nominees. In nominating her, the President recognized her ``unwavering commitment to justice and integrity and an impressive record of public service.'' And the American Bar Association rated her unanimously well qualified for the nomination, and I agree, as all who have practiced before her or served with her and known her would agree with that unanimously well qualified. I applaud the President's nomination of Judge Arleo. She is sharp, experienced, committed to justice, has the appropriate respect and deference to precedent, has the right type of judicial temperament that we want to see in district court judges, all of which are essential qualities of any great judge. She has demonstrated an impressive ability to manage complex legal cases throughout the course of her career and is clearly an incredibly great choice to serve as New Jersey's district court judge. I will look forward to her swift confirmation before the Committee and the full Senate and will work with Members of the Committee to be sure we can expedite the process as quickly as possible. Very briefly, prior to her appointment to the bench, Judge Arleo was a partner at Tompkins, McGuire, Wachenfeld and Barry, where she practiced and focused on civil litigation in State and Federal courts. She began her legal career as a law clerk to Justice Marie Garibaldi of the New Jersey Supreme Court. She received her J.D. summa cum laude from Seton Hall, her M.A. from Rutgers University, and her B.A. from Rutgers College. And as distinguished as a resume that may be, it does not paint the full portrait of her as a judge, as a respected and contributing member of the New Jersey community, or as a public servant. For the last year, she has run the Renew Program in our State to help ex-offenders who graduate from a program that requires them to attend 52 court sessions to become eligible to have their supervisory release reduced by a year. Judge Arleo oversees the program that involves intensive monitoring and the cooperation of attorneys and probation officers who select ex- offenders still under court supervision. The fact is the program works. It reduces recidivism and helps qualify ex- inmates to reintegrate into society and build a crime-free life. Clearly, Mr. Chairman, this is not someone who is just handing down decisions from the bench. She is involved in the judicial process from the beginning to the end. She has spent 14 years as a Federal magistrate judge in New Jersey after a decade of very involved State and Federal litigation. She is accomplished, successful, and I think that the Committee, upon your review, will agree with me and Senator Booker, who also supports this nominee, that she is eminently well qualified and the type of judge we want to see on the Federal courts. And with that, Mr. Chairman, I am happy to answer any questions. If not, I have a hearing on Iran that I will excuse myself to. Senator Blumenthal. You are excused. Thank you so much for being here. We really appreciate it. Thank you. And I know it means a lot to the nominees and their families, particularly to Ms. Arleo. If I could ask the nominees to please come forward and take your seats at the witness table. Let me just make a couple of introductory remarks, and then turn to Senator Grassley, if he has any. I cannot exaggerate the importance of the job that you have been nominated to fill. As a practicing attorney for many years and United States Attorney and the Attorney General of our State, I was in Federal court frequently, intensively, actively, and I know firsthand that you will be the voice and face of justice for countless people. There is always the right of appeal. People can always go to a higher court. But for many litigants, the result in your court will be the final outcome in their cases. When they seek justice, they will be turning to you to vindicate their rights. And that responsibility is truly awesome. Our responsibility in making sure that we confirm people who are truly qualified is profoundly significant, one of the most significant, in my view, that we have in the Senate of the United States. And so, first of all, let me thank you for your willingness to serve. People often do not appreciate the amount of work, the sacrifice that is required for this service on your part and on your family's part. So I thank your families as well. I am hoping that we can move expeditiously on these nominees. We have increasing cooperation across the aisle. I want to thank my colleague Senator Grassley for his cooperation. And I want to say a word about Victor Bolden because he comes from my State. I have great respect for the three other nominees as well, but I know Victor Bolden and have strongly supported and endorsed his nomination, not only because his previous service as corporation counsel and in his law firm and community activities has impressed me, but also he has the skill, temperament, and intellectual acumen for this job. My colleague Senator Murphy described very well his background, his qualifications in terms of his previous jobs, but he has really dedicated his legal career to public service, and he has fought and worked for the citizens of New Haven as well as Connecticut through his work to fulfill the promise of equal education in our Nation's schools as well as affirmative action and school desegregation cases. He is a dedicated and accomplished civil rights litigator, a compassionate, respected attorney. He has a strong commitment to the rule of law, and he has a keen and very impressive intellect. One of the things that has most impressed me about Mr. Bolden, and also about the other nominees, is the amount of support that he has received in Connecticut. We have a legal community, as you do in your States, I am sure, that knows each other and works with each other. And in Connecticut, Mr. Bolden has the highest respect in his profession. He is well liked and extraordinarily well respected, and I believe he will make an excellent judge. And I am pleased to welcome him as well as all of you here today. So thank you so much for participating in this hearing and for being willing to serve. And then I am going to ask you to be sworn. As is the custom of our Committee, all of our nominees are sworn. If you would please rise and raise your right hand. Do you affirm that your testimony today will be the truth, the whole truth, and nothing but the truth, so help you God? Judge Arleo. I do. Mr. Bolden. I do. Mr. Hale. I do. Mr. Stivers. I do. Senator Blumenthal. Thank you. I am going to introduce the other nominees as well, even though some of you have already received introductions from Senators. Ms. Arleo has served as a United States magistrate judge for the District of New Jersey for the past 14 years. She is nominated to serve as United States District Judge for the District of New Jersey, as you know. She was previously a partner at Tompkins, McGuire, Wachenfeld and Barry, and Barry and McMoran. She also served as a law clerk for Judge Marie Garibaldi on the New Jersey Supreme Court, and she received her bachelor's and master's degree from Rutgers University, her law degree summa cum laude from Seton Hall University School of Law. Mr. Hale served as United States Attorney for the Western District of Kentucky since 2010, and he was previously an Assistant U.S. Attorney for that same district for 4 years ending in 1999. He is nominated to serve again as U.S. District Judge for the Western District of Kentucky, and he previously practiced as a partner and counsel at Reed, Weitkamp, Schell and Vice for 11 years. Mr. Hale received his law degree from the University of Kentucky Law School in 1992 and his bachelor's degree from Vanderbilt University in 1989. Mr. Stivers has spent his entire legal career at Kerrick, Bachert and Stivers. He began his career as an associate, became partner in 1990, and is now nominated to serve as U.S. District Judge also for the Western District of Kentucky. He received his law degree from the University of Kentucky in 1985 and his bachelor's degree from Eastern Kentucky University. Thank you all, and I would invite each of you to make a brief opening statement. You can introduce the family members who are with you today and make whatever other remarks you would like to do. Thank you. Go ahead, Ms. Arleo. STATEMENT OF HON. MADELINE COX ARLEO, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF NEW JERSEY Judge Arleo. Thank you, Senator, and thank you for convening today's hearing. A special thank you to Senator Menendez for his kind remarks, and thank you to President Obama for the honor of this nomination. I have with me a number of family members and friends from New Jersey: my husband, Frank Arleo, who, like me, is a New Jersey lawyer; my daughter, Alexandra, who is 16 and will be a junior at Mount St. Dominic Academy in Caldwell, New Jersey; my son, Peter, who is 14 and will be a freshman at Seton Hall Prep in New Jersey. I also have with me my cousin, Drew Niekrasz, who I had the privilege of swearing in as chief of police of Bayonne, New Jersey, just last week; my aunt, Alice Niekrasz; my uncle, Frank Niekrasz, who served this country proudly in World War II in the United States Navy, and tomorrow is his 94th birthday, and I am so grateful that he could be with me today. Also with me is a number of friends, my staff, my excellent staff; my law clerk--Amy Anderson, my deputy clerk; and Amanda Lauffer, my law clerk; as well as my friend Tom Scrivo, one of my closest colleagues from law school. I saved the best for last: my mother, Elizabeth Cox, who has supported me throughout my life. And I would like to just acknowledge the presence of my father, who passed away some time ago, but I know he is here with me in spirit. I think that is everyone, and I would also like to thank all the members of our Federal family and friends who are watching at home on the Webcast. Thank you. [The biographical information of Judge Arleo appears as a submission for the record.] Senator Blumenthal. Thank you. Mr. Bolden. STATEMENT OF VICTOR ALLEN BOLDEN, NOMINEE TO BE DISTRICT JUDGE FOR THE DISTRICT OF CONNECTICUT Mr. Bolden. Thank you, Mr. Chair, and thank you, Senator Blumenthal, for your very kind remarks on my behalf. Senator Blumenthal. I think your microphone is off. There you go. Mr. Bolden. Thank you, Mr. Chair, and thank you, Senator Blumenthal, for your kind remarks and support of my nomination as well as Senator Murphy. I want to also thank the President for nominating me. I do have the pleasure and honor to have my family here. First and foremost, my wonderful son, Caleb, is here, who is 11 years old. Caleb, to actually be here, missed an opportunity to be in the Ranking Member's great State of Iowa to compete in an athletic event to be here in support of me, and I appreciate that very much. My parents, the Reverend Isaac and Mary Bolden, are here today. My siblings are here: my brother, Isaac, III, my sister, Alecia; my other sister, Veronica. My sister, Alecia, and her three children are here as well: William, Aviana and Karina. And my sister, Veronica, is here with her husband, Charlie, and their two daughters, Ella and Alana. Unfortunately, my sister Alecia Goode's husband, William, could not be here. He has been home recovering from an illness. I also have my uncle, Willie Harris, my mother's brother, who has also been a long supporter and helped throughout the course of my life; and his son, Thomas Hardin. I am very, very grateful to be here, and I appreciate the opportunity this Committee has provided me. [The biographical information of Mr. Bolden appears as a submission for the record.] Senator Blumenthal. Thank you very much. Mr. Hale. STATEMENT OF DAVID J. HALE, NOMINEE TO BE DISTRICT JUDGE FOR THE WESTERN DISTRICT OF KENTUCKY Mr. Hale. Thank you, Mr. Chairman and Ranking Member Grassley. I want to say a thank you to the Committee for having us here today. I look forward to the opportunity to be here and to answer your questions. I want to begin by thanking Senators McConnell and Paul for their support and Senator Paul's kind words this morning. Also, I would like to thank the President for the nomination and for the opportunity to serve as United States Attorney for the past 4 years. I have with me my family. I will begin with my wife of 25 years, Ann. She is a registered nurse in Louisville. And our kids are with us here today. My daughter, Caroline, is 19 and will be beginning her sophomore year of college this fall. Our son, John David, is 17 and in a couple of weeks he will start his senior year of high school. My parents are with us as well. My mother, Brenda, is a retired registered nurse in Louisville, and my father, David, is a banker in Louisville. Again, thank you, Mr. Chairman. [The biographical information of Mr. Hale appears as a submission for the record.] Senator Blumenthal. Thanks, Mr. Hale. Mr. Stivers. STATEMENT OF GREGORY N. STIVERS, NOMINEE TO BE DISTRICT JUDGE FOR THE WESTERN DISTRICT OF KENTUCKY Mr. Stivers. Thank you, Chairman Blumenthal, Ranking Member Senator Grassley. I would like to also thank the entire Judiciary Committee for their diligent work in reviewing my submissions, and I would like to express my sincere thanks to Senator McConnell and Senator Paul for their recommendation and for their support throughout this process. And certainly I would like to thank President Obama for his confidence in my qualifications to nominate me to this important job. I have got some family and friends here that I would like to introduce as well, first, my wife and three daughters, whose love and respect are my primary motivations in life. My wife, Alicia, whose father was a county attorney in Bracken County in northern Kentucky for over 30 years, and whose grandfather was a Commonwealth's attorney who argued a case in front of the U.S. Supreme Court. My daughters: Elizabeth, who is in her final year of pharmacy school at the University of Kentucky; and my daughter, Laura, who is about to start her final semester of accounting at Western Kentucky University; and my youngest daughter, Lillie, who just graduated from high school and is getting ready to enroll--start classes at the University of Kentucky in the fall. I think that Lillie may actually be the fourth generation of attorneys in our family. Also with me today is my sister, Lynne Stivers Smith, who is down from Lancaster, Pennsylvania; and my two dear friends, Rob Porter and Bruce Fane, who have come up from Bowling Green, Kentucky, for the hearing today. I would also like to recognize, if I could, some folks who could not be here today but are watching the Webcast: my parents, Ken and Susie Stivers, who are watching in Elizabethtown, Kentucky, and all my friends and colleagues at Kerrick, Bachert and Stivers, who are watching in the upstairs conference room of our Bowling Green office. Finally, I would like to recognize three family members who have been an important influence on me in my legal career: first, my grandmother, Lillian Parish, who was a court reporter in the Hardin County court when I was growing up, and her stories of courtroom drama and humor are still among my earliest memories. And I know Lillie is here in spirit today. I also would like to thank my two uncles, Tom Cooper and Bill Cooper. Tom is an accomplished trial attorney in Lexington, Kentucky, with the firm of Landrum and Shouse, and Bill is a former Hardin circuit court judge who served 10 years as a Justice on the Kentucky Supreme Court. I would like to thank Tom and Bill for acting as role models and mentors to me over the years. Thank you. [The biographical information of Mr. Stivers appears as a submission for the record.] Senator Blumenthal. Thank you all for your opening remarks. I know that your families whom you have introduced are very proud of you today. I am going to put in the record a statement from Senator Rockefeller in support of Mr. Hale's nomination. Evidently, he worked with your dad when your dad was banking commissioner and he was Governor of West Virginia. So that will go in the record, without objection. [The prepared statement of Senator Rockefeller appears as a submission for the record.] Senator Blumenthal. And I am going to turn to Ranking Member Senator Grassley because he has another commitment. I will have my questions after his. Senator Grassley. Senator Grassley. Thank you for your courtesy, and for all the Members, we do not have a lot of time to ask each of you questions, so on the Republican side, you will probably get some questions in writing that we would appreciate your answering before your nomination comes before the Committee. I enjoy asking nominees about something they wrote a long time ago to see if they share the same view now, and Mr. Bolden had the prestige of having a Harvard law article written. That is pretty good that you could do that. You wrote something called, ``Judge not that you may be not judged.'' In that article, which reads like a script for a play, you wrote imaginary dialogue between certain deceased Supreme Court Justices and God, and the conversations do not turn out too well for the Justices. [Laughter.] Senator Grassley. As I am sure you remember, you had God cross-examine the Justices about some of their opinions. After God finds fault with them, he condemns them to justice, as you put it, ``to spend eternity in Hell.'' [Laughter.] Senator Grassley. Now, as I read your article, it quickly became clear that the God character was actually a vehicle for your own views. I hope I have interpreted that right. Looking back, I am sure you intended for part of the article to be amusing and to read like a parody. But you do get serious at the end. What I would discuss specifically is what you do at the end of the article. That is where you describe four principles which you argue define proper judicial decisionmaking. You write that you intended those principles to be a ``visionary statement of how judges ought to look at themselves and how they consider deciding cases.'' I think that is important because we usually do not encounter nominees who have previously expressed their views on judging in such a concrete way. So I would ask you questions about those principles. Your first principle is, ``If the decision affects society's dispossessed and oppressed, the decision must be made in a way that eases their burden and does not add to their woes.'' Would you adhere to that if you are confirmed? Mr. Bolden. Senator, thank you very much for the question and the opportunity to address this issue. Let me say that I can assure you that, if I have the opportunity to be confirmed and serve as a judge, that my decisionmaking will be based solely on the applicable law and the facts and evidence before me, not based on my musings in fictional form written when I was a law student. It was before I had practiced law and had the various experiences I have today that I think make me qualified to be a judge. Senator Grassley. It could be that the next three points you might give the same answer, but let me ask anyway. The second principle, that ``the judge must be considered''--I will start over again. ``The judge must consider how she or he would want to be treated if they were in the same circumstances as the person they were about to affect with their decision.'' Do you still think that way? Mr. Bolden. My answer would be the same, that, you know, if confirmed to be a judge, my decisions would be based on the applicable law and the facts, not based on the musings I had almost a quarter century ago. Senator Grassley. Okay. Let me read the third principle. ``A judge has to be held accountable when their talent is not used to restructure a legal system gone awry if that is what needs to be done.'' I just would like to have you explain that statement. Mr. Bolden. I am sorry? Senator Grassley. Should I read it again? Mr. Bolden. Yes, please. Would you? Senator Grassley. ``A judge has to be held accountable when their talent is not used to restructure a legal system gone awry if that is what needs to be done.'' Mr. Bolden. Again, Senator, I appreciate the opportunity to sort of clarify that what I would--if confirmed, my approach to the law, my approach to decisions before me would be based on the law and the facts, not based on thoughts I had when I was a law student nearly a quarter century ago. Senator Grassley. Okay. And the last principle: ``Judges must be mindful of the fruits or consequences of their decisions.'' Mr. Bolden. Senator, I think the answer would be the same, that my approach as a judge, if confirmed, would be to apply the binding precedent to the facts in the case as they come before me, not based on musings I had as a law student. Senator Grassley. Then I would have one question for Mr. Stivers, and the other two people I will submit questions for answers in writing. Mr. Stivers, in 2011, you wrote an amicus brief on behalf of some of Kentucky educational institutions and nonprofit organizations for a case before Kentucky's something challenging gun ownership rights. In the brief, you argued that State colleges could ban gun possession by college employees on campus. Part of your argument was that college campuses were ``sensitive places that could be regulated to ban guns.'' The State high court held that the Second Amendment allowed the gun possession so long as the owner had a valid concealed carry permit and properly secured the gun in his home. So my single question: In light of that Kentucky case and the Supreme Court's recent Second Amendment cases Heller and McDonald, could you discuss how you understand the scope of the Second Amendment with respect to possession of firearms? Mr. Stivers. Yes, sir. Thank you, Senator. Of course, the arguments in my brief on behalf of Western Kentucky University were as an advocate on behalf of my client and did not reflect my personal views. If confirmed, any case I dealt with with regard to the Second Amendment I would follow Heller and McDonald. Senator Grassley. Thank you. [The questions of Ranking Member Grassley appear as submissions for the record.] Senator Grassley. Thank you, Mr. Chairman, for your courtesy. Thank you. Senator Blumenthal. Thanks very much, Senator Grassley. Let me ask a question of each of you, and it is a very general question, but I think it may elicit views and information about your qualifications that are of value to our Committee. Let me ask each of you what you think in your experience is the most important qualification or preparation for becoming a United States district court judge, and, likewise, what you wish you might have done that would have been even a better preparation. And if you are confused by the question, you should not hesitate to tell me. But let me begin going left to right, if I may--or my left to right, your right to left. Judge Arleo. Thank you, Senator. I have had the privilege of serving as a magistrate judge now for almost 14 years, and I have learned many things. The most important is that respect for the rule of law. Judges must be fair and impartial at all times, carefully scrutinizing the record, the evidence, and applying the settled law of the circuit, in my case the Third Circuit, and the Supreme Court. That to me are the most important qualities of a judge, and if I have the honor of being confirmed, I will continue to work toward them. If I had to think of one thing I could change about my legal career, that I would add that would perhaps make me a stronger candidate, it would have been to have spent time at a prosecutor's office or perhaps a public defender's office, perhaps a U.S. Attorney's office. And although I do not have that experience, I have relied on advice from colleagues and taken the opportunity to learn the law as best I can on the criminal side. And that is how I--that would be the one thing I would change if I could. Thank you. Senator Blumenthal. Thank you. Mr. Bolden. Mr. Bolden. Thank you, Senator. I think the most important qualities of a judge is that ability to listen impartially and fairly to the cases that come before you and to apply the law likewise, to apply the binding precedent, and in such a way that it shows a respect for the rule of law so that either side the party before you has confidence that justice has been served, whether or not they agree with the ruling or not. And I think the concept of the rule of law is so vital to our society and making sure that people have confidence that the law works for everyone and works for everyone in the same way I think is critical in terms of being a judge. And I am fortunate to have had a variety of experiences to be on different sides of a variety of issues, having represented employers and employees, having been on the other side suing a municipality and representing a municipality, that you begin to have a real respect for the various roles that people play in life, public safety officers and, you know, the day-to-day work that people go through. And I think that that experience in that respect I think hopefully will bode me well if I am fortunate enough to be confirmed. I think there are always more experiences I would wish to have had, and perhaps more in the criminal law area might have been something that would actually--would also serve me well on the bench. But I am fortunate for the experiences that I have had, and I believe they will serve me well. Senator Blumenthal. And an experience that you wish you had had that you did not? Mr. Bolden. Yes, I was going to say, more in the area of criminal law, I would say. Senator Blumenthal. Thank you. Mr. Hale. Mr. Hale. Thank you, Mr. Chairman. My answer will sound similar. I think that the commitment to impartially apply precedent and law is critically important. I think treating all litigants fairly, allowing a full hearing, is also critically important to a judge's service. I have been very fortunate to have had the career experiences that I have had, and in particular these last 4 years to serve as United States Attorney. And that has given me the ability to appreciate ever so more the role that our Federal courts play in our justice system. And I suppose if I would look to one experience, I have no insight into the inner workings of the court because I was never a judicial clerk, and so I think that folks who are afforded that opportunity sometimes have a bit of an insider view. But, again, I am very fortunate to have served as an Assistant and as the U.S. Attorney. Thank you. Senator Blumenthal. And is there an experience that you wish you had had? I am not sure whether you identified that? Mr. Hale. Yes, sir. If--I would--I have not had the opportunity to be a judicial clerk, and so---- Senator Blumenthal. The role of judicial clerk would be one you---- Mr. Hale. That would be one, yes. Senator Blumenthal. Thank you. Mr. Hale. Thank you. Senator Blumenthal. Mr. Stivers. Mr. Stivers. Thank you, Senator Blumenthal. I would say my best qualification is the fact that I have tried cases in front of juries, in front of judges, for the last 29 years, and through each of those cases you learn a little bit from the way judges handle things, and so you take a little piece from every case, I think, as you stack up your experience. The one area that I wish I could put down on my resume as being accurate would be having some criminal law, which I do not have. However, I do have an interest in the human drama that is inherent in all criminal cases. I also had an opportunity to serve as the foreman of the Federal grand jury in Bowling Green for a period of 18 months, which was very enlightening with regard to the indictment process and the law enforcement efforts in our area. Sadly, also I learned the extent of the methamphetamine problem in western Kentucky. But with regard to the criminal law, I have read the Rules of Criminal Procedure. I have had an opportunity to sit in on several hearings and dockets over the last couple of months. And if confirmed, I would work hard to familiarize myself with the issues and the procedures of criminal cases and bring myself up to speed. Senator Blumenthal. Thank you. I have a few more questions, but I am going to defer to Senator Coons. Senator Coons. Thank you, Senator Blumenthal. And my apologies. We have three different Committees conducting hearings at the same moment, so you may see some Senators come and go as they go to different hearings. I just would be interested if each of you would briefly speak to the question of, as a judge, how would you ensure fair access to our legal system? How would you be certain that the doors of the courthouse are open to all who might seek justice? Judge Arleo. Thank you, Senator. I have had the privilege for the last 14 years of serving as a magistrate judge, and one of my most important functions is to make sure that every person who comes in the courtroom, whether they are pro se or they are a multi-million-dollar corporation, has an opportunity to be heard, to be respected, to be listened to, and to be treated equally. If I have the privilege of being confirmed to the United States district court, I will continue to treat all litigants fairly and make sure that they all have access to the Federal courts. Senator Coons. Thank you, Your Honor. Mr. Bolden. Mr. Bolden. Yes, thank you very much for the question, Senator. I agree very much with Judge Arleo. The issue of respect and how you sort of send a message of how you treat people I think goes a long way to letting people know that the doors of justice are open and that you will be treated fairly once you come there. Senator Coons. Thank you. Mr. Hale. Mr. Hale. Yes, sir, Senator, I would echo the comments of my fellow nominees, that it is incredibly important to treat all litigants fairly, large or small, and impartially, to ensure equal access and equal treatment. Senator Coons. Mr. Stivers, any difference? Anything you would like---- Mr. Smith. Honestly, just that I would echo the comments from my fellow nominees. Senator Coons. Thank you. Mr. Bolden, if I might, in the Mount Holly case, you appeared on a brief of several city governments which argued that local governments and constituents are benefited, not burdened, by the requirement to avoid unnecessarily discriminatory housing policies. Could you just elaborate on that for me? Mr. Bolden. Yes, Senator, and thank you for the question. That was a brief that was done on behalf of the city of New Haven, my client, and was done in conjunction with other governmental entities. And I think that the fundamental point was that--and it actually goes back to your last question in terms of access to justice--is that when governments make sure that people feel they are being treated fairly and take steps to treat people fairly, that it is actually a beneficial thing for everyone. Senator Coons. If I might, I think it is particularly important that a judicial candidate demonstrate the ability to be a balanced, fair-minded, consistent, yet open to changed facts or new ideas, and your representation in the Ricci firefighter discrimination case and in the Heller and McDonald Second Amendment cases have drawn some questions. And in my view, in each case you succeeded in representing your client's position zealously, and yet ultimately did not prevail, and then demonstrated an ability to respect and abide by the Court's ruling, which I think is an important piece of judicial temperament. In your case, in particular the fact that Frank Ricci, your lead adversary for 6 years in the Ricci case, submitted to this Committee a letter of support speaks volumes, I think, to your character and to your appropriateness for the bench. If you will forgive me, I have another hearing. Thank you, Mr. Bolden. Thank you to all four of our nominees. And thank you to your families who are enduring this interesting nomination hearing. Thank you, Senator Blumenthal, for chairing today. Thank you very much. Senator Blumenthal. Thank you, Senator Coons. Let me just pursue the line of questioning that Senator Coons began about the Ricci v. DeStefano case, if I may, Mr. Bolden. As he pointed out, you represented the city of New Haven in that case when it declined to certify the results of a promotion exam because certification would have led to no African American firefighters working for the IT of New Haven to be promoted. You represented your client in trying to persuade the Supreme Court to rule that New Haven did not have to certify the exam results. The Supreme Court ruled the other way. You played an active role then in implementing the Supreme Court's decision, in fact, even going beyond what the Court demanded in an effort to comply with the spirit as well as the letter of the Court's ruling. And like other nominees here today, you have indicated your allegiance to the rule of law, which you really exemplified in implementing the Supreme Court's decision. Did you find it hard to implement the Supreme Court's decision that rejected your position during the litigation? You were responsible, in effect, for implementing a U.S. Supreme Court decision from the highest court in the land that was in conflict with the position you had advocated. Was that a difficult work for you to do? And could you talk a little bit about how it indicates your allegiance and fidelity to the rule of law? Mr. Bolden. Thank you, Senator, for the question. The answer is no, it was actually--it was very easy. The Supreme Court had spoken. The city had an obligation to comply with the law. And I honestly believe that if the Supreme Court has spoken and the law is very, very clear, it is important certainly for a government to send the message that it is going to comply with the law, to send the message that it respects the law, to send the message that what the Supreme Court has said is what the city is going to comply with. And we moved with as much dispatch as possible to make sure the Supreme Court order was complied with. Within a week of when the district court order came back clarifying that the city needed to certify the exams and promote, we were able to promote. I mean, we actually got the order the Tuesday before Thanksgiving, and by the following friday, everyone had been promoted. And I am proud of that, and I am proud of that because it was important. And that day when we certified the exams that allowed them to be promoted, I said it was a great day for the rule of law, and I meant it. And it was important for the city to see that, because after you have a case that is contentious, because as a Nation we have a variety of views and we may be divided in a number of ways, but we should be united around the law and the importance of following the law. Senator Blumenthal. Thank you. Mr. Stivers, you answered very well to Senator Grassley's question about the case that you did involving the Second Amendment issue that was raised in that litigation. And I am not asking you what your personal views are on the Second Amendment or related issues, but I have no doubt that in the course of 29 years of litigation you represented clients whose views may not have coincided with your own, either on politics or even on the merits of the case that you were litigating. Could you talk a little bit about the duty of a lawyer as an advocate to represent the views of clients as zealously and vigorously as possible, whether or not you agree or disagree with them? Mr. Stivers. Yes, sir. I think the rule actually is similar whether you are an attorney representing a client as it would be for a judge, and that is to set aside your personal beliefs. Your duty as an attorney is to zealously represent your client and to study the law, study the facts, and make sure that you identify the best arguments that you can in favor of their position. It is not your position. It is their position. And that is what I have done, and in that one case that is what I was doing. As a judge, by contrast, your function is to not act as an advocate, of course. You are supposed to be impartial. But the similarity is you are supposed to set aside your personal beliefs and to decide the case solely on the merits of the case presented to you. Senator Blumenthal. Thank you. Mr. Hale, you have served as a prosecutor and as the chief Federal prosecutor of your district, and I know from having been a prosecutor that we could be as impassioned about those cases as any civil lawyer could be about the merits of his or her case. And I would like to ask you whether you would have difficulty dismissing a case if you found that the Government had failed to prove a critical element of the crime as required under the United States statutes? Mr. Hale. Thank you, Mr. Chairman. No, I would follow the law, and if it were to prescribe a dismissal for failure to present adequate evidence, that is the ruling that I would give. Senator Blumenthal. I thank you all for answering my questions. If there is anything that any of you wish to add, I would be happy to hear from you. That exhausts our questions this morning. We are going to have the record stay open for 10 days, and you will probably be getting--we will make it 1 week. That may save you some questions. The record will be open for 1 week, and you may receive, as Senator Grassley indicated, some written questions from my colleagues. If any of you has anything more to say, I would be happy to hear from you. [No response.] Senator Blumenthal. If not, the record will be open for 1 week. Senator Grassley indicated to me that he has some remarks that he wanted to be made part of the record, which I will do without objection. Senator Blumenthal. This hearing is adjourned. [Whereupon, at 10:31 a.m., the Committee was adjourned.] [Additional material submitted for the record follows.] A P P E N D I X Additional Material Submitted for the Record [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]