Judd, Gregg Vote for Bill Requiring Senate Confirmation for U.S. Attorneys
U.S. ATTORNEYS
New Hampshire Union Leader
Greg Hellman
Boston University Washington News Service
3/20/07
WASHINGTON, March 20—Reacting to the scandal involving the Justice Department’s dismissal of eight U.S. attorneys, the Senate voted overwhelmingly Tuesday to return to the system of requiring that chamber confirm federal prosecutor nominees.
Sens. John Sununu (R-N.H.) and Judd Gregg (R-N.H.) voted for the measure, which the Senate passed, 94-2. If the House approves, the bill would undo language inserted in the USA Patriot Act last year allowing the attorney general to bypass the Senate confirmation process in appointing interim U.S. attorneys.
Under the new bill, White House nominees would have 120 days to gain Senate confirmation. If they are not approved within that time, federal district judges would name the replacements.
“There are many people that weren’t aware that the process for choosing replacement U.S. attorneys had been changed,” said Sununu, who has already called for the removal of Attorney General Alberto Gonzales. “There was agreement that the old process worked fine and should be reinstated.”
While they both supported the final Senate bill, Gregg and Sununu split on a failed amendment to the bill that Sen. Jon Kyl (R-Ariz.) proposed to keep federal judges out of the process. The Senate rejected the amendment, 40-56, with Gregg voting for it and Sununu against.
Kyl’s amendment would have required that the president nominate to fill a vacancy within 120 days and that the Senate act within 120 days of receiving the nomination. If the presidential deadline were missed, the Senate’s deadline would be dropped.
In a statement explaining his support for the amendment, Gregg said Kyl’s proposal “would have…reaffirmed the Senate’s confirmation responsibilities in filling vacant U.S. attorney positions. This legislation makes a strong statement in addressing recent concerns about the Attorney General’s role in filling the ranks of our top federal prosecutors, who play a critical role in enforcing our laws and fighting crime and terrorism.”
Sununu, however, said he could not support the amendment’s proposed time limit on the confirmation process, calling that a unique limit and unnecessary.
“I don’t know of any other case where we do that,” Sununu said in a phone interview. “It would limit the power of senators to raise concerns.
Sen. Patrick Leahy (D-Vt.), chairman of the Judiciary Committee, which has begun an investigation of the incident, called Senate approval of the 2006 Patriot Act revisions a mistake and the new bill was a necessary step to restoring the independence of U.S. attorneys.
“It was a mistake [for the attorney general’s office] to mislead the Senate Judiciary Committee in hearings and it was a mistake to give the attorney general unlimited authority into the appointment of the U.S. attorneys,” he said. “Prosecutors have to be independent; they have to be able to prosecute without fear or favor.”
Leahy has previously said he would issue subpoenas to key administration officials to testify before his committee to determine the truth behind the firings. Sununu said testimony concerning performance evaluations, which have been called into question for taking administration loyalty into account, should be the focus of the investigation.
“The most important thing is whether clear and accurate information was provided by the Justice Department when they were asked about performance evaluations,” Sununu said.
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