[Congressional Record Volume 155, Number 57 (Monday, April 20, 2009)]
[Senate]
[Pages S4426-S4430]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
______
NOMINATIONS OF TONY WEST TO BE ASSISTANT ATTORNEY GENERAL; LANNY A.
BREUER TO BE ASSISTANT ATTORNEY GENERAL; CHRISTINE ANNE VARNEY TO BE
ASSISTANT ATTORNEY GENERAL
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to executive session to consider the following nominations,
which the clerk will report.
The assistant legislative clerk read the nominations of Tony West, of
California, to be Assistant Attorney General; Lanny A. Breuer, of the
District of Columbia, to be Assistant Attorney General; Christine Anne
Varney, of the District of Columbia, to be assistant Attorney General.
The PRESIDING OFFICER. Under the previous order, there will be 20
minutes of debate, equally divided, prior to a vote on the West
nomination.
Mr. LEAHY. Madam President, this evening, the Senate should act to
confirm three of President Obama's Justice Department nominees: Tony
West to serve as the Assistant Attorney General for the Civil Division,
Lanny Breuer to serve as the Assistant Attorney General for the
Criminal Division, and Christine Varney to serve as the Assistant
Attorney General for the Antitrust Division.
I am disappointed that Republican Senators have delayed action on
these nominations. In my view, they should have been confirmed before
the 2-week Easter recess. There was once a time in the Senate when we
acted on nominees pending on the Senate Executive Calendar before a
long recess. Certainly at the beginning of a presidential term, it
makes sense to have the President's nominees in place earlier, rather
than engage in needless delay, especially when there is no controversy.
I know of no controversy regarding any of these outstanding
nominations.
All three nominees were named by the President on January 22, 3
months ago. They each participated in a confirmation hearing on March
10, 6 weeks ago. After allowing time for follow-up written questions
and answers, they were each considered by the Judiciary Committee,
approved without a single negative vote, and reported to the Senate on
March 26. Another week passed, but Republicans remained unwilling to
confirm them before the April recess. That is how we find ourselves
here, more than 12 weeks after they were designated by the President,
without having acted on those named to head the Criminal Division, the
Antitrust Division, or the Civil Division.
I will be very interested to hear why these nominations could not be
approved before the Senate recessed on April 2, and why these
additional weeks of delay were needed. I will be interested to see who
opposes these nominees, who comes to the floor to speak against them,
and who justifies the delay in their confirmations. To date, I know of
no one who opposes them. I know that no Republican member of the
Judiciary Committee voted against any of them when they were considered
by the committee at a business meeting more than 3 weeks ago. As I say,
there used to be a tradition of comity, and of acting on executive
nominations before a recess. I will be interested to learn how that
delay is justified to the Justice Department, to the country and to
each of these nominees.
In a statement 2 weeks ago, I noted my disappointment that the
Republican minority has returned to the tactics of anonymous and
unaccountable holds, and needless delays. Attorney General Holder needs
his leadership team in place to rebuild and restore the Department.
None of these are controversial nominees. They all received numerous
letters of strong support, and endorsements from both Republican and
Democratic former public officials. They were all reported out of the
Judiciary Committee by unanimous consent. They should have been
confirmed weeks ago.
What accounts for the delay? I hope that someone will explain. To
date no one has. I am left to think back to a February column written
by William Kristol, where he urged the Republican minority to practice
obstruction and delay. He was specifically referring to the Republican
efforts to oppose the President's proposals to revive our economy and
build a new foundation for lasting prosperity. That they have done. Not
one Republican Member of the House or Senate voted for the budget and
not one Republican Member of the House voted for the emergency economic
recovery package. They are adhering to a pundit's advice on important
legislation and on the President's nominations. Their creed is to
``obstruct and delay.'' It is not one of bipartisanship to help the
President enact his agenda this year. It is one designed to ``slow down
the train.'' Mr. Kristol counseled Republicans to insist on ``lengthy
debate,'' while noting that they ``can't win politically right now,''
but they can ``pick other fights--and they can try in any way possible
to break Obama's momentum.'' That is a destructive prescription, and we
see it being played out day after day, issue after issue, nomination
after nomination. Rather than join with the new President as he rallies
the country and the world to economic recovery and enhanced security,
they persist in their efforts to obstruct and delay.
Recently the New York Times described the results of a New York
Times/CBS News poll of the American people. Since the Republican
opposition is so interested in poll-driven politics, I urge them to
consider it, and reconsider their own ill-fated course. The Obama
administration is just 11 weeks old, and already the American people
have grown more optimistic about the economy and the direction of the
country. Americans approve of the President's handling of the economy
and foreign policy with fully two-thirds saying they approve of his
overall job performance. Following his recent trip to Europe, meetings
with other world leaders, his outreach to Turkey and his visit to Iraq,
I expect those numbers may be even higher today. More and more people
feel that things are headed in the right direction--despite Republican
obstruction. Two and one half months into office, President Obama has
broad support on economic and national security matters with almost
two-thirds of Americans believing that President Obama is likely to
make the right decisions.
By contrast, only 20 percent of Americans believe that congressional
Republicans would more likely make the right decisions about the
nation's economy. The Republican nay-saying is sinking in. So I urge
Senate Republicans, if they will not honor our traditional deference to
a new President and vote for his nominees, if they will not join
together with President Obama at a time of great challenges to America
by working cooperatively and quickly to approve the administration's
law enforcement leadership team, if none of those worthwhile reasons
convince them to do the right thing, then I urge them to consider how
the American people are reacting to their obstruction. I urge them to
abandon the across-the-board tactics of resistance and delay. The
majority of the American people are calling for us to work together and
are rejecting Republican obstruction and delay.
Tony West knows the Department of Justice well. He served in the
Department as a Special Assistant to Deputy Attorneys General Philip
Heymann and Jamie Gorelick. He then worked as a Federal prosecutor in
the U.S. Attorney's Office for the Northern District of California. His
commitment to public service continued when he became a
[[Page S4427]]
Special Assistant Attorney General in the California Department of
Justice. He has also worked in private practice. Mr. West is a graduate
of Harvard University and Stanford University Law School, where he
served as president of the Stanford Law Review.
His nomination has earned support from both sides of the aisle. The
former chairman of the California Republican Party, George Sundheim,
sent a letter to the committee stating that Mr. West is admired by
``both sides of the aisle'' for his ``integrity, honesty and decency,''
and that there is no one ``more qualified to assume a position of
leadership in the Department of Justice.'' The Federal prosecutors who
worked across the table from Mr. West during the high-profile
prosecution of John Walker Lindh witnessed Mr. West's ``extraordinary
professionalism,'' and ``smart advocacy . . . executed with the highest
degree of integrity.'' We should confirm this outstanding leader for
the Civil Division and should not have delayed his confirmation this
long.
President Obama has said that Lanny Breuer has the ``depth of
experience and integrity'' to fulfill the highest standards of the
American people and the Department of Justice. I agree. Mr. Breuer
began his legal career as an assistant district attorney in the
Manhattan District Attorney's Office. He told us during his hearing
that his commitment to ensuring justice for all Americans stemmed from
his days working on the front lines of the fight against crime as a
Manhattan prosecutor. His call to public service continued while
serving in the White House Counsel's Office as a special counsel to
President Clinton. Mr. Breuer has also worked in private practice for
the prestigious Washington, DC, law firm of Covington & Burling. He is
a graduate of Columbia Law School and Columbia University.
Michael Chertoff, who led the Criminal Division at the Department of
Justice during the Bush administration, endorsed Mr. Breuer's
nomination, saying he has ``exceptionally broad legal experience as a
former prosecutor and defense attorney'' and has ``outstanding
judgment, a keen sense of fairness, high integrity and an even
temperament.'' Brad Berenson, a veteran of the Bush administration's
White House counsel's office, writes that Mr. Breuer is ``everything
one could hope for in a leader of the Criminal Division.''
Mr. Breuer's former colleagues from the Manhattan District Attorney's
Office have said that as a criminal prosecutor, he ``distinguished
himself as a tenacious but scrupulously fair trial lawyer, driven by
the unwavering goal of achieving justice.'' Former Deputy Attorney
General Larry D. Thompson and former Congressman and DEA Administrator
Asa Hutchinson have also written to the committee in support of Mr.
Breuer's nomination. I agree with all their comments and wish the
Republican minority had not stalled the confirmation of Mr. Breuer's
nomination needlessly for an additional 2 weeks.
Christine Varney was confirmed to be a U.S. Federal Trade
Commissioner in 1994, after being nominated by President Clinton. As a
Federal Trade Commissioner, Ms. Varney gained valuable experience in
antitrust enforcement and in reducing anticompetitive measures that
harm American consumers. Her Government service work includes a high
level position in President Clinton's White House, where she served as
an assistant to the President and secretary to the Cabinet. She has
worked in private practice for the prestigious Washington, DC, law firm
of Hogan & Hartson. She also graduated from my alma mater, the
Georgetown University Law Center.
Her nomination is supported by individuals who served in the
Antitrust Division during both Democratic and Republican
administrations. John Shenefield and James Rill, both former heads of
the Antitrust Division, say that she is ``extraordinarily well
qualified to lead the Antitrust Division.'' Twenty former chairs of the
American Bar Association section of antitrust law have described Ms.
Varney as a ``highly accomplished, capable nominee who will serve
consumers and this country with distinction'' and who will have
``immediate credibility'' in her new position.
I agree. At a time when our economy is suffering, there is a
temptation to act anticompetitively. We need to make sure that we have
a strong and effective advocate for competition and the interests of
consumers in place. This was not the time for delay.
Republican Senators delayed for weeks the confirmation of Harvard Law
School dean Elena Kagan to be the Solicitor General of the United
States, before demanding an extended debate on her nomination. They
delayed for 2 weeks what was a unanimous vote in favor of David Kris to
serve as the Assistant Attorney General in charge of the National
Security Division at the Justice Department. And they have refused for
more than a month to consent to a time agreement for debate and a vote
on the nomination of Dawn Johnsen to lead the critical Office of Legal
Counsel. The nominations the Senate considers this evening are three
additional nominations they held up needlessly this month.
On April 1, both the New York Times and Roll Call featured reports
suggesting that Senate Republicans intend to, and are planning to,
filibuster the nomination of Dawn Johnsen to serve as the Assistant
Attorney General for the Office of Legal Counsel at the Justice
Department. That was no April fool's joke. That is a serious matter and
one that hurts the President's efforts to restore the rule of law. I
cannot remember a time when Democratic Senators filibustered a Justice
Department nomination.
Speech after speech by Republican Senators just a few short years ago
about how it would be unconstitutional to filibuster Presidential
nominees appear now to be just speeches that served a partisan
political purpose at the time. Last month, in an online column for
Slate entitled ``How Many Ways Can Senate Republicans Show Intellectual
Hypocrisy?'' Dahila Lithwick observed:
``The irony now on display among Republicans on the Senate
Judiciary Committee is staggering.'' She could have included
Republican Senators who have recently championed the
principle that ``elections have consequences,'' that the
President is entitled to his nominees, and that filibustering
is an ``obstructionist tactic'' and ``obscene.''
In her April 8 column in the Washington Post, Ruth Marcus reminded
``the people who are considering a Johnsen filibuster how hypocritical
this stance would be.'' She reminded them that Democrats did not
filibuster President Bush's nominations of John Ashcroft or Ted Olson,
although there were more than 40 negative votes on each of those
nominations. She noted:
``[T]he president is entitled, absent extraordinary
circumstances, to have the advisers of his choosing. Voting
against a president's nominee is a serious step. Voting to
prevent that nomination from getting an up-or-down vote kicks
it up several notches.'' She concluded by explaining why,
from her own experience and knowledge, Dawn Johnsen is not
out of the mainstream or extreme: ``This is hardly the kind
of nominee so extreme that she should not be entitled to an
up-or-down vote.''
The men and women at the Department of Justice have a special duty to
uphold the rule of law because, as President Obama reminds us, ``laws
are only as effective, only as compassionate, [and] only as fair as
those who enforce them.'' The three nominees Republicans agreed to
consider this evening, and Dawn Johnsen, whose nomination they refuse
to debate and vote on, are all nominees who meet President Obama's
standards and will work on behalf of the American people in the best
traditions of the Department of Justice. I urge Republican Senators to
vote to confirm these Assistant Attorney General nominations tonight.
Then I hope we will be able to proceed to a time agreement to
consider and vote on the nomination of Dawn Johnsen to serve as the
Assistant Attorney General to head the important Office of Legal
Counsel at the Justice Department. Her work has been delayed too long.
The President designated her back on January 5. The time has come to
debate that nomination and vote it up or down. The President has
suspended the OLC opinions until they can be reviewed; she will head
that review. The delay has gone on long enough. The Senate should vote.
Mr. KAUFMAN. Madam President, I rise today in support of the
nomination of Tony West to be Assistant Attorney General for the Civil
Division of the Department of Justice.
[[Page S4428]]
As we saw from his confirmation hearing in the Judiciary Committee,
Tony West has the superb intellect, seasoned judgment, and wealth of
experience necessary to be an outstanding head of the Civil Division.
Mr. West's academic credentials are extremely impressive. He earned
his BA from Harvard, where he was the publisher of the Harvard
Political Review. He received his JD from Stanford Law School, where he
was president of the Stanford Law Review.
Following law school, Mr. West began a career in which he has
demonstrated great devotion to public service. In 1993 and 1994, he
served with distinction as a Special Assistant in the Department of
Justice, where he was involved in the development of national crime
policy, including the 1994 omnibus crime bill. He has also served as an
assistant U.S. attorney for the Northern District of California, and as
a California special assistant attorney general.
In private practice at one of the country's leading law firms, Mr.
West has also excelled, representing a wide range of clients from
indigent individuals in civil rights litigation to multinational
corporations in complex commercial matters.
Outside of his practice, Mr. West has been a significant contributor
to the legal community. He has served on the governing board of the
Northern California Association of Business Trial Lawyers, as a Ninth
Circuit lawyer representative, and as a member of the Litigation
Section Executive Committee for the San Francisco Bar Association.
Just as important, while in private practice, Mr. West has directed
his considerable talent and energy to important pro bono work and
public service. By way of example, he has served as a judge in
Oakland's McCullum Youth Court, a courtroom run by students that
focuses on rehabilitation of first-time youth offenders.
The Assistant Attorney General for the Civil Division has a set of
responsibilities that are always important, never more so than right
now.
As just one example, the Civil Division is integral to keeping
Americans, and taxpayer dollars, safe from financial fraud. In the
aftermath of the financial meltdown that has thrown the American
economy into a serious recession, we must ensure that lawbreakers do
not keep their ill-gotten gains. And for our economic recovery plans to
work, we must ensure Americans' faith in our government's ability to
exercise appropriate oversight in the use of the economic recovery
funds Congress has appropriated.
The President has made an excellent choice in selecting Tony West to
lead the Civil Division. He is a skilled and accomplished lawyer, a
leader and a team player, and a person of unquestioned integrity. The
Attorney General and the country need him in place as soon as possible.
Mr. UDALL of New Mexico. Madam President, we yield back all remaining
time.
The PRESIDING OFFICER. The time is yielded back.
Mr. UDALL of New Mexico. Madam President, I ask for the yeas and
nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The question is, Will the Senate advise and consent to the nomination
of Tony West, of California, to be Assistant Attorney General? On this
question, the yeas and nays have been ordered, and the clerk will call
the roll.
The assistant legislative clerk called the roll.
Mr. REID. I announce that the Senator from Alaska (Mr. Begich), the
Senator from Connecticut (Mr. Dodd), the Senator from Illinois (Mr.
Durbin), the Senator from Massachusetts (Mr. Kennedy), the Senator from
Connecticut (Mr. Lieberman), the Senator from West Virginia (Mr.
Rockefeller), and the Senator from Oregon (Mr. Wyden) are necessarily
absent.
Mr. McCONNELL. The following Senators are necessarily absent: the
Senator from Utah (Mr. Bennett), the Senator from Mississippi (Mr.
Cochran), the Senator from Arizona (Mr. Kyl), the Senator from Arizona
(Mr. McCain), the Senator from Kansas (Mr. Roberts), and the Senator
from Mississippi (Mr. Wicker).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 82, nays 4, as follows:
[Rollcall Vote No. 155 Ex.]
YEAS--82
Akaka
Alexander
Barrasso
Baucus
Bayh
Bennet
Bingaman
Bond
Boxer
Brown
Brownback
Burr
Burris
Byrd
Cantwell
Cardin
Carper
Casey
Coburn
Collins
Conrad
Corker
Cornyn
Crapo
DeMint
Dorgan
Ensign
Enzi
Feingold
Feinstein
Gillibrand
Graham
Grassley
Gregg
Hagan
Harkin
Hatch
Hutchison
Inhofe
Inouye
Johanns
Johnson
Kaufman
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lincoln
Lugar
Martinez
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Risch
Sanders
Schumer
Sessions
Shaheen
Snowe
Specter
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Voinovich
Warner
Webb
Whitehouse
NAYS--4
Bunning
Chambliss
Isakson
Shelby
NOT VOTING--13
Begich
Bennett
Cochran
Dodd
Durbin
Kennedy
Kyl
Lieberman
McCain
Roberts
Rockefeller
Wicker
Wyden
The nomination was confirmed.
The PRESIDING OFFICER. Under the previous order, there will now be 2
minutes of debate equally divided prior to a vote on the Breuer
nomination.
The Senator from Vermont is recognized.
Mr. LEAHY. Madam President, we have three nominations that should
have been confirmed by voice vote. Before we left on recess, the
Republicans asked to hold them up for 2 weeks. I wish they had not
because these are nominiees to vital positions in the Department of
Justice. Only four Senators, after holding them up for 2 weeks, not
allowing them to be there, only four Senators voted against Tony West
to be head of the Civil Division. We now have Lanny Breuer to serve as
Assistant Attorney General for the Criminal Division. These are people
who were voted out of the Judiciary Committee unanimously by
Republicans and Democrats. I hope we have a similar vote. A rollcall
has been requested on the Republican side, which is fine; they have
that right. But I hope we will confirm this nomination also.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. SPECTER. Madam President, I believe Mr. Breuer warrants
confirmation.
Mr. KAUFMAN. Madam President, I rise today in support of the
nomination Lanny Breuer to be Assistant Attorney General for the
Criminal Division of the Department of Justice.
Lanny Breuer is a superb lawyer with unquestioned integrity. We are
fortunate that the President has selected him to head the Criminal
Division of the Department of Justice.
As we saw from his confirmation hearing in the Judiciary Committee,
Mr. Breuer has the sharp intellect, wealth of experience, and superb
judgment necessary to be an outstanding leader.
Early in his career, he served as a prosecutor in the Manhattan
District Attorney's Office, working for the legendary Robert
Morgenthau. While there, he not only gained an appreciation for the
important work on the front lines of criminal prosecution, but he also
demonstrated the sort of temperament and judgment that are critical to
success in the position for which he has been nominated.
Mr. Breuer also served with distinction in the White House as Special
Counsel to the President. From there, he moved to one of the country's
great law firms, where he currently cochairs its white collar defense
and investigations group. Taken together, this broad experience will
serve him well as Assistant Attorney General.
Just as important, Mr. Breuer has a deep appreciation for the
importance of public service. Since 2003, he has served as vice chair
of his firm's Public Service Committee, which oversees the firm's pro
bono programs.
His personal pro bono work has been impressive as well. One of the
letters in support received by this committee details Mr. Breuer's
application of his impressive legal skills and considerable
[[Page S4429]]
determination to rid a District of Columbia neighborhood of a powerful
drug dealing organization that operated out of a local bar. Almost 20
years later, the neighbors he helped still remember and praise his
important work on their behalf.
The Assistant Attorney General for the Criminal Division has a set of
responsibilities that are always important, never more so than right
now.
As just one example, the Criminal Division is integral to keeping
Americans safe not only from violent crime but also from financial
fraud. In the aftermath of the financial meltdown that has thrown the
American economy into a serious recession, we must ensure that
lawbreakers will be identified and prosecuted for financial fraud.
Punishing complex financial crimes and deterring future fraud are
vital to restoring confidence in our decimated financial markets. We
need to get Lanny Breuer in place just as soon as we can, to make sure
that the trail of any criminals who contributed to this meltdown does
not grow cold.
Finally, I would like to add that Mr. Breuer is not just a brilliant
legal mind, but he's also a person of great character. As Robert
Morgenthau said in his letter of support:
Mr. Breuer consistently handled his responsibilities with
keen analytical ability, common sense, total integrity and an
exemplary sense of justice. . . . [H]e also understood that
the power and authority possessed by a prosecutor will be
best balanced by humility and discretion. He never wavered in
his pursuit of fairness and justice.
That is precisely the sort of person we need, right now, to head the
Criminal Division of the Department of Justice.
The PRESIDING OFFICER. Is there further debate? If not, the question
is, Will the Senate advise and consent to the nomination of Lanny A.
Breuer, of the District of Columbia, to be an Assistant Attorney
General?
Mr. SPECTER. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Alaska (Mr. Begich), the
Senator from Connecticut (Mr. Dodd), the Senator from Massachusetts
(Mr. Kennedy), the Senator from Connecticut (Mr. Lieberman), the
Senator from West Virginia (Mr. Rockefeller), and the Senator from
Oregon (Mr. Wyden) are necessarily absent.
Mr. McCONNELL. The following Senators are necessarily absent: the
Senator from Utah (Mr. Bennett), the Senator from Mississippi (Mr.
Cochran), the Senator from Arizona (Mr. Kyl), the Senator from Arizona
(Mr. McCain), and the Senator from Kansas (Mr. Roberts).
The PRESIDING OFFICER (Mrs. Shaheen). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 88, nays 0, as follows:
[Rollcall Vote No. 156 Ex.]
YEAS--88
Akaka
Alexander
Barrasso
Baucus
Bayh
Bennet
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Burr
Burris
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Collins
Conrad
Corker
Cornyn
Crapo
DeMint
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Gillibrand
Graham
Grassley
Gregg
Hagan
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson
Kaufman
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lincoln
Lugar
Martinez
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Risch
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Specter
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
NOT VOTING--11
Begich
Bennett
Cochran
Dodd
Kennedy
Kyl
Lieberman
McCain
Roberts
Rockefeller
Wyden
The nomination was confirmed.
The PRESIDING OFFICER. There will now be 2 minutes of debate prior to
a vote on the Varney nomination.
The Senator from Vermont.
Mr. LEAHY. Madam President, the 88-to-0 vote, again, was one that,
instead of having a voice vote before the recess on a key member of the
Department of Justice, our friends on the Republican side insisted we
have. We held it up for 2 weeks. I am glad to see that now the right
thing has been done with not a single dissenting vote. I wish it could
have been done 2 weeks earlier so they could get to work at the
Department of Justice.
Mr. SPECTER. Madam President, I can't hear Senator Leahy, so I will
not know how to formulate my rebuttal.
The PRESIDING OFFICER. The Senator from Vermont may continue.
Mr. LEAHY. Madam President, the third vote is Christine Varney--and I
hope we have a similar vote--to serve as Assistant Attorney General for
the Antitrust Division. Again, I wish it could have been done 2 weeks
ago, but I would hope we would go forward.
Mr. HATCH. Madam President, as the ranking Republican on the
Antitrust Subcommittee, I rise to voice my support for the confirmation
of Christine Varney to be the next Assistant Attorney General in charge
of the Department of Justice's Antitrust Division.
This is a role to which, I believe, she is ideally suited.
Ms. Varney served as a Federal Trade Commissioner from 1994 to 1997.
As we all know, our Nation has two separate agencies, the Department of
Justice's Antitrust Division and the Federal Trade Commission, that are
responsible for enforcing our antitrust laws. Ensuring that these
agencies efficiently and effectively execute those laws is a major
concern of the Antitrust Subcommittee. In fact, I recently posed the
theoretical question as to whether a merger of the FTC's antitrust arm
and the Department of Justice's Antitrust Division would not create a
more efficient regulatory regime. Although I believe this question
deserves further close consideration by the Antitrust Subcommittee, I
was delighted to see that Jon Leibowitz, Chairman of the FTC, was
present, and even an active participant, at Ms. Varney's nomination
hearing. Undoubtedly, this was to support her confirmation and,
presumably, to show the intent of these two leaders to bring greater
cooperation between the Antitrust Division and the FTC.
In addition to Ms. Varney's experience with an executive agency
enforcing our antitrust laws, she has also developed a strong
reputation in the private sector. Ms. Varney was heavily involved in
one of the most important antitrust cases of modern time: U.S. v.
Microsoft. In that matter, she represented Netscape. She also
represented Netscape in its merger with AOL. Presently, she is a
partner at Hogan and Hartson, where she is head of that firm's Internet
Law practice group. Her experience in these matters is of particular
relevance due to the recent number of proposed mergers affecting the
Internet. The importance of these contemplated mergers has only been
highlighted by the number of hearings that the Antitrust Subcommittee
has held on the issues that have arisen because of these proposed
transactions.
I also appreciate the commitment she made in her written responses to
the committee's questions to work with me on an antitrust issue that is
close to the hearts of every Utahn: the inequities that occur currently
due to the so-called Bowl Championship Series. The current system is a
clear violation of our Nation's antitrust laws and I look forward to
working with the Antitrust Division to develop an appropriate remedy.
On a personal level, I have had an opportunity to meet and talk to
Ms. Varney. I appreciate her collegial and professional manner. I
believe she is an individual who will strive to work with Congress to
ensure that fair competition is maintained and the rule of law
enforced.
Therefore, I recommend Ms. Varney's confirmation to colleagues and
look to working with her in the years to come.
Mr. KAUFMAN. Madam President, I rise today in support of the
nomination of Christine Varney to be Assistant Attorney General for the
Antitrust Division of the Department of Justice.
In selecting Ms. Varney, the President has chosen wisely. She has the
experience, the intellect, and the judgment necessary to be a superb
leader of
[[Page S4430]]
the Antitrust Division. Just as important, she has the character and
integrity to help the Attorney General restore the public faith in the
Department of Justice.
Over the course of her impressive 23-year legal career, Ms. Varney
has held a wide range of significant positions that make her uniquely
qualified for this critical position. After starting her career in
private practice, she served in the Clinton administration as an
Assistant to the President and Secretary to the Cabinet. In October
1994, President Clinton nominated Ms. Varney to the Federal Trade
Commission. After Senate confirmation, she held that position until
1997. As a Commissioner, she distinguished herself in several important
ways. Most important to me, she demonstrated her commitment to the idea
that antitrust enforcement must be both vigorous and fair.
At this decisive time for our Nation's economy, we need an approach
to antitrust enforcement that promotes competition, drives innovation,
and protects the consumer. Based on her time at the FTC, and in private
practice, I have no doubt that Ms. Varney is the right person to lead
the Antitrust Division. Ms. Varney should be confirmed without delay.
Mr. LEAHY. Madam President, I ask for the yeas and nays on the
nomination, as the Republicans had requested.
Mr. SPECTER. Is my time reserved, Madam President?
Mr. LEAHY. Yes, it is. I am just asking for the yeas and nays.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. SPECTER. Let's confirm her.
The PRESIDING OFFICER. Is there a sufficient second? There appears to
be.
Does the Senator from Pennsylvania wish to use his time?
Mr. SPECTER. Madam President, I used all the time I wanted. Let's
confirm her.
The PRESIDING OFFICER. The question is, Will the Senate advise and
consent to the nomination of Christine Anne Varney, of the District of
Columbia, to be an Assistant Attorney General?
The yeas and nays have been ordered.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Alaska (Mr. Begich), the
Senator from Connecticut (Mr. Dodd), the Senator from Massachusetts
(Mr. Kennedy), the Senator from Connecticut (Mr. Lieberman), the
Senator from West Virginia (Mr. Rockefeller), and the Senator from
Oregon (Mr. Wyden) are necessarily absent.
Mr. McCONNELL. The following Senators are necessarily absent: the
Senator from Utah (Mr. Bennett), the Senator from Mississippi (Mr.
Cochran), the Senator from Arizona (Mr. Kyl), the Senator from Arizona
(Mr. McCain), and the Senator from Kansas (Mr. Roberts).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 87, nays 1, as follows:
[Rollcall Vote No. 157 Ex.]
YEAS--87
Akaka
Alexander
Barrasso
Baucus
Bayh
Bennet
Bingaman
Bond
Boxer
Brown
Brownback
Burr
Burris
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Collins
Conrad
Corker
Cornyn
Crapo
DeMint
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Gillibrand
Graham
Grassley
Gregg
Hagan
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson
Kaufman
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lincoln
Lugar
Martinez
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Risch
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Specter
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
NAYS--1
Bunning
NOT VOTING--11
Begich
Bennett
Cochran
Dodd
Kennedy
Kyl
Lieberman
McCain
Roberts
Rockefeller
Wyden
The nomination was confirmed.
(At the request of Mr. Reid, the following statement was ordered to
be printed in the Record.)
Mr. DODD. Mr. President, I rise today to state my support for
the three nominees that the Senate confirmed earlier today. Due to
weather delays, I was unavoidably absent from the Senate during the
votes on the three nominees to be Assistant Attorneys General in the
Department of Justice. Had I been present I would have voted yea for
all three nominees.
All three individuals are eminently qualified and I believe will be
superb additions to President Obama's administration.
Let me briefly talk about these well-qualified individuals. Tony West
will be the next Assistant Attorney General for the Civil Division. He
served previously in the Department of Justice as a Special Assistant
to two Deputy Attorneys General during the Clinton administration. He
also served in the U.S. Attorney's Office for the Northern District of
California as a prosecutor. Mr. West is a graduate of Harvard
University and Stanford University Law School, where he served as
president of the Stanford Law Review.
Lanny Breuer received both his undergraduate and law degree from
Columbia University. After law school, he worked as an Assistant
District Attorney in Manhattan. During the Clinton administration, he
served as Special Counsel in the White House. He has also worked at the
law firm Covington & Burling. Mr. Breuer will serve as the next
Assistant Attorney General for the Criminal Division.
Finally, Christine Varney will serve as the next Assistant Attorney
General of the Antitrust Division. I believe she is uniquely qualified
for this position. A graduate of the Georgetown University Law Center,
Ms. Varney served as a U.S. Federal Trade Commissioner and, later, as
an assistant to President Clinton and Secretary to the Cabinet.
Again, had I been present I would have voted yea on these nominations
and I am pleased that all three nominees were approved overwhelmingly
in the Senate today.
(At the request of Mr. Reid, the following statement was ordered to
be printed in the Record.)
Mr. DURBIN. Mr. President, on vote No. 155, I was unavoidably
detained. Had I been present for the vote, I would have voted to
confirm the nomination of Tony West to be an Assistant Attorney General
for the Department of Justice, Civil Division.
____________________