[Senate Hearing 118-137]
[From the U.S. Government Publishing Office]
S. Hrg. 118-137
NOMINATIONS OF THOMAS G. DAY,
KATHERINE E. OLER, JUDITH E. PIPE, AND CHARLES J. WILLOUGHBY, JR.
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HEARING
BEFORE THE
COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED EIGHTEENTH CONGRESS
FIRST SESSION
__________
NOMINATIONS OF THOMAS G. DAY TO BE A COMMISSIONER, POSTAL
REGULATORY COMMISSION, KATHERINE E. OLER, JUDITH E. PIPE,
AND CHARLES J. WILLOUGHBY, JR., TO BE ASSOCIATE JUDGES, SUPERIOR COURT
OF THE DISTRICT OF COLUMBIA
__________
SEPTEMBER 21, 2023
Available via the World Wide Web: http://www.govinfo.gov
Printed for the use of the
Committee on Homeland Security and Governmental Affairs
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
U.S. GOVERNMENT PUBLISHING OFFICE
53-709 PDF WASHINGTON : 2024
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
ALEX PADILLA, California RICK SCOTT, Florida
JON OSSOFF, Georgia JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Claudine J. Brenner, Senior Counsel
Annika W. Christensen, Senior Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Laura W. Kilbride, Chief Clerk
Ashley A. Gonzalez, Hearing Clerk
C O N T E N T S
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Opening statements:
Page
Senator Peters............................................... 1
Senator Blumenthal........................................... 12
Senator Scott................................................ 13
Senator Carper............................................... 15
Prepared statements:
Senator Peters............................................... 19
WITNESSES
Thursday, September 21, 2023
Thomas G. Day, to be a Commissioner, Postal Regulatory Commission
Testimony.................................................... 2
Prepared statement........................................... 21
Biographical and professional information.................... 24
Letter from U.S. Office of Government Ethics................. 42
Responses to pre-hearing questions........................... 46
Responses to post-hearing questions.......................... 63
Katherine E. Oler, to be an Associate Judge, Superior Court of
the District of Columbia
Testimony.................................................... 5
Prepared statement........................................... 71
Biographical and professional information.................... 73
Responses to post-hearing questions.......................... 94
Judith E. Pipe, to be an Associate Judge, Superior Court of the
District of Columbia
Testimony.................................................... 6
Prepared statement........................................... 100
Biographical and professional information.................... 102
Responses to post-hearing questions.......................... 122
Charles J. Willoughby, Jr., to be an Associate Judge, Superior
Court of the District of Columbia
Testimony.................................................... 8
Prepared statement........................................... 128
Biographical and professional information.................... 130
Responses to post-hearing questions.......................... 149
NOMINATIONS OF THOMAS G. DAY,
KATHERINE E. OLER, JUDITH E. PIPE,
AND CHARLES J. WILLOUGHBY, JR.
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THURSDAY, SEPTEMBER 21, 2023
U.S. Senate,
Committee on Homeland Security
and Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 11:22 a.m., in
room SD-562, Dirksen Senate Office Building, Hon. Gary Peters,
Chair of the Committee, presiding.
Present: Senators Peters [presiding], Carper, Hassan,
Sinema, Blumenthal, Scott, and Hawley.
OPENING STATEMENT OF SENATOR PETERS\1\
Chairman Peters. The Committee will now come to order.
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\1\ The prepared statement of Senator Peters appears in the
Appendix on page 19.
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I want to certainly apologize for the late start to this
meeting. We had an all-Senators meeting with President Zelensky
from Ukraine, which went a little over. So we are starting a
little late, but we will make up for that time in the minutes
to come.
Today, we are considering four nominations: Thomas G. Day
to serve as a Commissioner for the Postal Regulatory Commission
(PRC); as well as Katherine Oler, Judith Pipe, and Charles
Willoughby, Jr., to be Associate Judges (AJ) on the Superior
Court of the District of Columbia.
Welcome to each of our nominees and to those joining them
at today's hearing. Congratulations on your nomination, and
thank you for your willingness to serve in these very important
positions. Each of these roles are essential to the Federal
Government as well as the District of Columbia.
The Postal Regulatory Commission is a bipartisan body that
provides key oversight for the Postal Service (USPS). Countless
families rely on the Postal Service each and every day. This
Commission helps to ensure that they are most effectively
serving the American people. Last week, we were able to advance
one nominee for the Postal Regulatory Commission with unanimous
bipartisan support, and I hope we can do the same for Mr. Day's
nomination and ensure that the Commission remains fully staffed
and best positioned to carry out its very important work.
I would also like to thank Ranking Member Paul for working
with me to quickly move Mr. Day's nomination through the
Committee process.
The D.C. Superior Court functions as the State-level trial
court in the nation's capital. The court has an extraordinary
high number of cases, and each one impacts the livelihoods of
individuals and families all across the District of Columbia.
Unfortunately, judicial vacancies place serious burdens on
judges and delay resolutions for the parties before the court.
Filling open seats will help the court conduct its work more
efficiently, and provide better service to the people of the
District.
Welcome again to all four of you. Today's hearing is an
important opportunity for the Committee to learn more about
your qualifications and how you plan to serve in these new
roles.
It is the practice of the Homeland Security and
Governmental Affairs Committee (HSGAC) to swear in witnesses.
If each of you would please rise and raise your right hands.
Do you swear the testimony you will give before this
Committee will be the truth, the whole truth, and nothing but
the truth, so help you, God?
[Witnesses respond.]
Thank you. You may be seated.
Our first nominee is Thomas G. Day, nominated to be
Commissioner on the Postal Regulatory Commission. Mr. Day has
served in the Federal Government for 45 years in both the U.S.
Army and the U.S. Postal Service. During his 35 years at the
Postal Service, he served in senior roles including Vice
President of Engineering, Senior Vice President of Government
Affairs, Senior Vice President of Intelligent Mail, and Chief
Sustainability Officer. From 2007 to 2011, he also served as
the Chair of the Standards Board at the Universal Postal Union,
the U.N. agency that governs the international exchange of
mail.
Since his retirement from the U.S. Postal Service in 2019,
Mr. Day has worked at the International Post Corporation in
Brussels, Belgium.
Mr. Day is a graduate of the U.S. Military Academy at West
Point with a Bachelor of Science (B.S.) in engineering. He has
a Master of Art (M.A.) in Management from Central Michigan
University and was a Sloan Fellow at the Graduate School of
Business at Stanford University with a Master of Science (M.S.)
in Management.
Mr. Day, welcome to the Committee. You may proceed with
your opening remarks.
TESTIMONY OF THOMAS G. DAY,\1\ TO BE A COMMISSIONER, POSTAL
REGULATORY COMMISSION
Mr. Day. Thank you, Senator.
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\1\ The prepared statement of Mr. Day appears in the Appendix on
page 21.
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Mr. Chairman, Ranking Member Paul, and distinguished
Members of the Committee, thank you for the opportunity to
appear before you today and for your consideration of my
qualifications to be a Commissioner of the Postal Regulatory
Commission. I would also like to thank President Biden for the
opportunity he has afforded me through this nomination, and I
am honored by his trust.
My wife, Young, has joined me today in this important event
in our life together. We just recently celebrated our 40th
wedding anniversary. Our two sons, Bill and Jim, and their
wives, Lindsey and Gabi, along with our five grandchildren,
could not join us today, but I am very thankful to all the
support I received from my family through the years.
Almost my entire adult life has been in service to my
country in either the U.S. Army or the U.S. Postal Service. It
is a three-generation tradition in my family, with both my
father and grandfather having spent their working careers as
employees of the Post Office and as members of the American
Postal Workers Union (APWU). I have prided myself for serving
in the Federal Government, and I look forward to this
opportunity to do it again.
My experience at the Postal Service is at every level of
management, from frontline supervisor to senior officer and
everything in between. My experience has been in a wide array
of functional areas, including delivery, customer service,
processing, transportation, engineering, and government
relations.
As an officer of the Postal Service, I had frequent
interaction with Commissioners and the staff of the Postal
Regulatory Commission. In this role, I understood the need for
cooperation and engagement between the Postal Service and the
PRC to ensure that decisions were made in an appropriate and
timely manner.
During my time at the Postal Service, I also chaired the
Standards Board at the Universal Postal Union (UPU). The UPU is
the United Nations agency with responsibility for the oversight
and exchange of mail and packages among postal operators on a
global basis.
After retiring from the Postal Service, I served as the
Chief Commercial and Chief Financial Officer (CFO) of the
International Post Corporation (IPC). The IPC is a not-for-
profit organization comprised of 25 postal operators, including
the U.S. Postal Service, which represents almost 80 percent of
the global mail volume.
The experience at both the UPU and the IPC has provided me
with a broad perspective into a variety of postal operators
around the world. I have seen firsthand the success and failure
of these organizations, as well as the operations and data
management of a variety of posts.
My experience in the Postal Service and the interaction
with other posts is an excellent fit to serve as a
Commissioner. I can fully grasp the issues at hand and how they
may impact service standards and performance measurement,
potential cross-subsidization, transparency, and
accountability. This is in keeping with the legislatively
defined role of the regulatory commission.
This is a critical time for the Postal Service. It is
certainly the most momentous change the Postal Service has
experienced since it was created under the Old Post Office
Department in 1970. The legislation that created the Postal
Service in 1970 also created the Postal Regulatory Commission,
originally the Postal Rate Commission. The various updates to
Title 39 have continued to emphasize the importance of an
independent regulator. The role of the regulator is clear--rate
regulation, service standards, and service performance to
ensure fair competition, to enforce the transparency and
accountability of the Postal Service.
The critical time for the Postal Service comes after more
than a decade of transition that is largely due to the impact
of e-communications and e-commerce. E-communications has
directly caused the ongoing decline of First-Class Mail volume,
formerly the very core of the Postal Service network as well as
the source of critical income. E-commerce has resulted in the
extensive use of online shopping and the need to effectively
manage processing, transport, and delivery of these items. In
turn, there is also a need for an effective network that can
manage the items that are being returned. Because of this
dramatic decrease in traditional mail volumes, combined with
the increase in package volume, there is an absolute need to
modify the postal network. The Delivering for America 10-year
plan is the Postal Service effort to modify that network. I
agree there is a need for modification.
In keeping with the legislative direction provided in Title
39, it is essential that the PRC provide the oversight to
ensure that the implementation of Delivering for America (DFA)
is accomplished in a manner that provides fair competition,
accountability, and transparency.
I am uniquely qualified to serve as a Commissioner. My
educational training, combined with experience in domestic and
global postal sector, provides me with the ability to
understand the issues of importance. I am committed to working
with the Postal Service and all of its key stakeholders to find
the optimal practical solutions to create a postal system to
best serve our country. I am honored to have been considered to
serve in this role, and I hope you will confirm my nomination
so that I may do so.
Chairman Peters. Thank you, Mr. Day.
Before we turn to the judges, in addition to our nominees
and their families here, which we welcome all the families, we
are going to be talking about the PRC. We actually have a
current PRC Commissioner in the audience.
I want to recognize Ashley Poling, who is a current
Commissioner. We will be talking a lot about the PRC, and I
will just say that part of her past experience, she was a
member of my staff here on the Committee, so has outstanding
credentials. Thank you for being here.
We will now turn to the court here. Our next nominee is
Special Master Katherine Oler, nominated to be an Associate
Judge on the Superior Court of the District of Columbia. She
has served as a court-appointed special master for the U.S.
Court of Federal Claims since 2017.
Previously, Special Master Oler served as an Air Force
(USAF) Judge Advocate from 1996 to 2017, retiring from active
duty as a Colonel. Among other assignments, she served as the
Air Force's Chief Prosecutor and Chief Government Appellate
Counsel at Joint Base Andrews, Staff Judge Advocate at Joint
Base San Antonio-Randolph, and as Deputy Chief Trial Judge of
the Air Force.
She received her Juris Doctor (J.D.) from Boston University
School of Law in 1996 and her Bachelor of Art (B.A.) from
Wellesley College in 1993.
Special Master Oler, it is wonderful to have you here. You
may proceed with your opening remarks.
TESTIMONY OF KATHERINE E. OLER,\1\ TO BE AN ASSOCIATE JUDGE,
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Ms. Oler. Good morning, and thank you.
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\1\ The prepared statement of Ms. Oler appears in the Appendix on
page 71.
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Chairman Peters, Ranking Member Paul, and Members of this
Committee, I am deeply honored by the opportunity to appear
before you today as a nominee to be an Associate Judge on the
Superior Court of the District of Columbia. I would like to
thank you and your Committee staff for considering my
nomination.
I am especially grateful to President Biden for nominating
me for this position. I would also like to thank the D.C.
Judicial Nomination Commission, chaired by the Honorable Marie
Johns, for recommending me to the White House.
I would not be here today without the tremendous love and
support of my family. Here with me today is my husband of
nearly 24 years, Colonel Retired Adam Oler; our two incredible
teenage children who are undoubtedly my greatest
accomplishment; my sister-in-law, Dr. Allison Oler Szapary; my
cousin, Lee Senger, and her husband, Jeffrey Senger; my mother,
Margaret Ellsworth, who worked tirelessly for 30 years as a
schoolteacher and has been my lifelong cheerleader and
supporter. My father, Paul Ellsworth, could not be here today
due to health reasons, but I want to thank him for his
unwavering love and support over the years.
In addition to my family, I am grateful to the countless
fellow servicemembers whom I had the privilege of serving
alongside for over 20 years. I hope in some way my presence
here today can be seen as a reflection of their service and
commitment, which is part and parcel of my own.
I am the fourth generation of my family to be born in
Washington, DC. Though I grew up elsewhere, I returned to this
city during and after my military service. My decision to join
the Air Force was motivated by a lifelong desire to serve my
country and my community. Earning my commission also added to
my family's long history of military service. My father
enlisted in the Army during the Vietnam era. My grandfather
joined the Submarine Service as a teenager early in World War
II and fought across the Pacific. My great-grandfather served
in the artillery in France at the end of World War I and is
buried at Arlington National Cemetery.
During my 21 years on active duty, I had the opportunity to
serve across our great country and all over the world
performing legal work that was both inspiring and challenging.
My service as a prosecutor gave me the opportunity to work on
scores of complex felony cases. It taught me the importance of
hard work, preparation, and how critical it is to demonstrate
the highest degree of professionalism, both as an attorney and
an officer.
More fundamentally, the cases I tried imparted upon me that
every case is distinct and that the fair and timely
administration of justice is at the very heart of our judicial
system. Those were the lessons that I took with me to the trial
bench where I served for three years as my service's deputy
chief trial judge and that I keep with me today in my current
role as a special master on the United States Court of Federal
Claims.
Over my 26-year legal career, I have spent nearly nine
years on the bench. I believe this work has prepared me
exceptionally well to serve as a D.C. Superior Court judge. If
I am fortunate enough to be confirmed, I would serve this city
with the same level of dedication, hard work, and
uncompromising commitment to the fair administration of justice
that has guided me throughout my career.
Thank you for your consideration of my nomination, and I
look forward to answering your questions.
Chairman Peters. Thank you, Special Master Oler, for your
opening statement.
Our next nominee is Judge Judith Pipe, nominated to be an
Associate Judge on the Superior Court of the District of
Columbia.
Judge Pipe has served as a Magistrate Judge for the
District of Columbia Superior Court since 2020. Previously, she
served as a staff attorney and a supervising attorney with the
Public Defender Service for the District of Columbia from 2007
to 2019.
She received her J.D. from Catholic University's Columbus
School of Law, magna cum laude, in 2007 and her B.A. from
American University, cum laude, in 2003.
Welcome, Judge Pipe, you may proceed with your opening
remarks.
TESTIMONY OF JUDITH E. PIPE,\1\ TO BE AN ASSOCIATE JUDGE,
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Judge Pipe. Good morning, and thank you.
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\1\ The prepared statement of Judge Pipe appears in the Appendix on
page 100.
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Mr. Chairman and Members of the Committee, I am humbled and
honored to appear before you today as a nominee to be an
Associate Judge of the Superior Court of the District of
Columbia. I would like to thank each of you for considering my
nomination and the Committee's staff for their hard work in
preparing for this hearing.
I thank the D.C. Judicial Nomination Commission and its
chair, the Honorable Marie Johns, for recommending me to the
White House and President Joseph Biden for nominating me.
I wish to recognize and thank Chief Judge Anita Josey-
Herring for her leadership and support and former Chief Judge
Robert Morin for encouraging me throughout my career and for
appointing me to my current position as a Magistrate Judge in
Superior Court.
I would like to take a moment to acknowledge my family,
whose support has been critical to me reaching this honor of
being before you today. First, to my husband, Chris Pipe, for
his patience, support, and encouragement since the first day we
met 21 years ago. Together, we have raised two amazing
children, who are here with me today. They are my greatest
pride and joy, and I cannot wait to see the amazing adults and
community members they will undoubtedly become.
I would like to thank my parents, Dr. Jeffrey Malka and Dr.
Susan Gelfand Malka, who have unconditionally supported me
throughout my life. They have constantly emphasized and
exemplified that a life of service to your community is a life
well lived. I would like to thank my sisters, Jennifer Rudo and
Deborah Friedman, who have also led lives of service to their
communities. Jennifer is a special education teacher, and
Deborah is an oncology nurse. A special thank you to my oldest
sister, Dorothy Malka, who has lived her whole life paralyzed
and with a significant brain injury. She is the kindest and
gentlest person I know and has been a constant inspiration to
me throughout my life.
I have dedicated my legal career to public service in the
Superior Court of the District of Columbia. I currently serve
as a Magistrate Judge in both the Criminal and Domestic
Violence Divisions of Superior Court. Since my appointment to
that position in January 2020, I have served on some of the
most high-volume calendars and presided over hundreds of
arraignments, preliminary hearings, and domestic violence
temporary protection order hearings. In 2022, I was assigned to
a misdemeanor traffic calendar where I presided over a dozen
bench trials, hundreds of guilty pleas, sentencings, and a
variety of other hearings that occur in the life of a criminal
case. In that role, I cleared a backlog of cases that had
accumulated over the pandemic by setting reasonable deadlines
and coming to the courtroom prepared on the law and the facts.
On every calendar I have presided over I have consistently
and repeatedly demonstrated my commitment to neutrality by
objectively applying the law to the facts in every case before
me. Prior to my appointment as a Magistrate Judge, I served
first as a staff attorney and then as a supervising attorney at
the Public Defender Service for the District of Columbia. In
that role, I handled hundreds of cases from their arraignment
to their conclusion in Superior Court. As a litigator, I was in
court daily and appeared before dozens of current and former
judges of Superior Court. I am thankful to have those judges
support me throughout my career and during this process.
It has been a great honor to serve the District of Columbia
community in Superior Court. I am humbled by the opportunity,
if confirmed, to continue my commitment to public service and
the rule of law by becoming an Associate Judge.
I thank you for considering my nomination, and I look
forward to answering any questions you have.
Thank you, Chairman.
Chairman Peters. Thank you, Judge Pipe.
Our final nominee is Charles Willoughby, nominated to be an
Associate Judge on the Superior Court of the District of
Columbia.
Mr. Willoughby has served as an Assistant United States
Attorney (AUSA) in the U.S. Attorney's Office for the District
of Columbia since 2014. He has held multiple leadership roles
in that office and was appointed as a deputy chief in the Major
Crimes Section of the Superior Court Division in 2023.
Previously, Mr. Willoughby was an Assistant Attorney
General (AG) in the Criminal Division of the Virgin Islands
Department of Justice (DOJ). He received a J.D. from Howard
University School of Law in 2007, a B.A. from Belmont
University in 2002, and a B.A. from Morehouse College in 2000.
Mr. Willoughby, welcome to the Committee. You may proceed
with your opening remarks.
TESTIMONY OF CHARLES J. WILLOUGHBY, JR.,\1\ TO BE AN ASSOCIATE
JUDGE, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Mr. Willoughby. Yes, thank you.
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\1\ The prepared statement of Mr. Willoughby appears in the
Appendix on page 128.
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Good morning, Chairman Peters, Ranking Member Paul, and
Members of the Committee. I am humbled, honored, and grateful
to appear before you today as you consider my nomination to be
an Associate Judge of the Superior Court of the District of
Columbia. I would also like to extend my sincere appreciation
to the District of Columbia Judicial Nomination Commission and
its chair, the Honorable Marie C. Johns, for recommending me to
the White House and President Joseph R. Biden for nominating
me.
Additionally, I would like to express my utmost gratitude
to the current U.S. Attorney for the District of Columbia,
Matthew Graves, as well as former U.S. Attorneys Ronald Machen,
Vincent Cohen, Jessie Liu, and Channing Phillips, for their
leadership and support. I would also like to thank former U.S.
Attorney for the U.S. Virgin Islands Ronald Sharpe for his
guidance and mentorship throughout my legal career.
I am thankful to my current and former colleagues at the
U.S. Attorney's Office, the many law enforcement officials with
whom I have had the opportunity to work, and the defense bar of
the District of Columbia, who have all in some form or fashion
inspired, encouraged, and challenged me.
There are no words to capture the appreciation and love
that I reserve for my family and close friends, some of whom
are with us today. It is because of their unwavering and
unconditional support that I sit before you today.
Born as the eldest of two sons of Charles Willoughby, Sr.,
and Brenda Atkinson-Willoughby here in Washington, DC, my
parents instilled in me early on the importance of being a
public servant. My father, an attorney, worked as a public
servant in local and Federal agencies for most of his legal
career, including the U.S. Attorney's Office for the District
of Columbia. My mother, an educator and administrator, served
in various capacities in public schools and in institutions of
higher education throughout D.C. While my late father is not
with us today, it brings me great joy to have my mother in
attendance. She continues to inspire me and reminds me of the
importance of serving my community.
As a second-generation Washingtonian, it is a great honor
to be considered for a judgeship on a court that I first
visited as a young child more than 30 years ago, where my
father appeared when he was an Assistant U.S. Attorney. Some of
my fondest memories are of watching him in court, and it was no
surprise to many when I followed in his footsteps and attended
the Howard University School of Law, just as he had done.
Also with me today is my beautiful wife, Cassandra Vincent.
We met in St. Thomas, where she was employed as a detective for
the U.S. Virgin Islands Police Department and I was beginning
my career as a prosecutor. Her love and dedication are
underscored by the fact that she graciously relocated from her
beautiful native island to support me when the opportunity
arose for me to serve as an Assistant U.S. Attorney in the
District of Columbia. Cassandra and I are blessed to have three
sons. My two stepsons, Amileo and Dante, who could not be with
us today, and our youngest son, Chaz, who is here.
Shortly after graduating from Howard, I began my legal
career as an Assistant Attorney General (AAG) in St. Thomas in
the U.S. Virgin Islands, where I began prosecuting misdemeanor
matters and was soon elevated to prosecuting violent crime
felonies. In 2014, after five years on the island, I returned
to D.C. to join the U.S. Attorney's Office, where I have served
as an Assistant U.S. Attorney for almost a decade. During my
tenure at the U.S. Attorney's Office, I have appeared in both
D.C. Superior Court and the United States District Court for
the District of Columbia, prosecuting a wide range of criminal
matters, including homicides and cybercrimes.
Throughout the course of my legal career, I have made it a
priority to exercise sound judgment, be respectful to all whose
paths I cross, and above all, maintain fidelity to the law. I
am grateful for the opportunity to serve the residents and
community of the District of Columbia in a new role, if I am
fortunate enough to be confirmed to be an Associate Judge.
Again, I thank you for your consideration of my nomination,
and I look forward to answering your questions.
Chairman Peters. Thank you, Mr. Willoughby.
There are three questions that the Committee asks of every
nominee. I am going to ask each of you to respond briefly with
either a yes or no. We will start with Mr. Day and then work
down the dais for these three questions.
First, is there anything you are aware of in your
background that might present a conflict of interest with the
duties of the office to which you have been nominated?
Mr. Day. No.
Ms. Oler. No, Senator.
Judge Pipe. No, Senator.
Mr. Willoughby. No, Senator.
Chairman Peters. Second, do you know of anything, personal
or otherwise, that would in any way prevent you from fully and
honorably discharging the responsibilities of the office to
which you have been nominated?
Mr. Day. No, Senator.
Ms. Oler. No, Senator.
Judge Pipe. No, Senator.
Mr. Willoughby. No, Senator.
Chairman Peters. Last, do you agree without reservation to
comply with any request or summons to appear and testify before
any duly constituted Committee of the U.S. Congress, if you are
confirmed?
Mr. Day. Yes, Senator.
Ms. Oler. Yes, Senator.
Judge Pipe. Yes, Senator.
Mr. Willoughby. Yes, Senator.
Chairman Peters. Very well, thank you.
Mr. Day, the Postal Regulatory Commission plays an
absolutely critical role in conducting oversight of the Postal
Service, as you know. It oversees prices, on-time delivery
service, and more. For example, the PRC recently began an
important public inquiry on proposed changes to the postal
network. The PRC's oversight work is absolutely essential and
to help to hold the Postal Service accountable to its mission
of reliably serving every community and delivering to every
address in this great country of ours.
You have had decades of experience as an executive at the
Postal Service touching on multiple aspects of its operation.
My question for you, sir, is how would you shift from the
Postal Service to the PRC and apply your experience to ensure
that the Commission acts as a strong regulator?
Mr. Day. Thank you, Senator.
Throughout my entire career, whether military or Postal
Service and then afterwards at the International Post
Corporation, I have always been fully dedicated to the job that
I am given to at that point in time. I view my experience as an
executive at the Postal Service as giving me strength to
perform that much better as a Commissioner because I fully
understand how the operation takes place.
But at the same time, my loyalty is to fulfill what my role
is as a Commissioner and all of the provisions that the
legislation dictates under Title 39. Again, my career has been
about service to my country in whatever job I am assigned to
or, in this case, was nominated and hopefully confirmed to. I
am more than willing and wanting to do that.
Chairman Peters. Very good.
My next question will be to our judicial nominees here.
Special Master Oler, Judge Pipe, and Mr. Willoughby. We will go
in that order. I will ask all three of you to answer this
question.
As all three of you know very well, the Associate Judges on
the Superior Court face very heavy caseloads right now,
especially as the court struggles with the many vacancies that
are pervasive. My question to each of you is going to be how
has your experience prepared you for the significant challenge
that you will face, if confirmed, to serve on an already-
strained court?
We will start with Special Master Oler and then to Judge
Pipe and then Mr. Willoughby.
Ms. Oler. Thank you for the question, Senator.
During the course of my 26-year legal career, I have had
the opportunity to serve for nearly nine years now as a
judicial officer, six years in my current position as a special
master on the United States Court of Federal Claims. In that
capacity, I preside over a very heavy docket. We have a high
docket in our court.
Additionally, in terms of criminal experience, not only as
a litigator where I worked in the United States Air Force as a
prosecutor and as a defense attorney, but I also served as a
criminal trial judge where I presided over criminal cases. My
experience as a judicial officer, I would draw on that, and I
would attempt to be diligent, as I have in the past, to work
through cases efficiently, to make sure that my expectations
were completely understood by the parties to the litigation,
and to come to court each day as prepared as possible to be
sure that the proceedings were both efficient and fair.
Chairman Peters. Very good. Judge Pipe.
Judge Pipe. Thank you, Senator.
As a Magistrate Judge in Superior Court for the last three
and half years, I have presided over some of the most high-
volume calendars in Superior Court. I have run those calendars
efficiently and fairly by coming, first, to the courtroom
prepared on the law and the facts. I set reasonable deadlines
for the parties, and I make my expectations known for every
hearing before me.
I allow the parties to argue the issues so that they may be
heard, and then I deliver my rulings by objectively applying
the law to the facts as they are presented.
If I am fortunate enough to be confirmed, I would continue
that practice as an Associate Judge.
Chairman Peters. Very good, Judge. Mr. Willoughby.
Mr. Willoughby. Yes, thank you, Senator.
I had drawn upon my experience of nearly 14 years as a
prosecutor, investigating and prosecuting hundreds of cases. I
am accustomed to working in a fast-paced and high-volume
working environment, have appeared regularly in courts in two
different jurisdictions, and I believe it is important to
adjust to a role, if fortunate enough to be nominated, by
preparing each day, making sure that the parties that are
before you have an understanding, a clear and concise
understanding of what is expected of them, and to ensure that
all parties are treated fairly and respectfully.
I think that is the best way to move the docket along and
to ensure that the court operates in an efficient manner.
Thank you.
Chairman Peters. Thank you, Mr. Willoughby.
Mr. Day, the Postal Service Reform Act, which I led and
worked to enact in the last Congress, requires that the Postal
Service create a publicly available online dashboard where
customers could see online or on-time delivery data for their
local community, see exactly how their local post office is
performing on a daily basis. Under the act, the PRC created
regulations for the system and will continue to monitor it.
You clearly have significant experience with monitoring and
managing service status. My question is, if confirmed, how
would you work to ensure that the Postal Service faithfully
reports service data, as required by the law, so that it is
accurate, that it is detailed and actually a useful tool for
the public?
Mr. Day. Thank you, Senator.
You are correct. I do have extensive experience in this. I
certainly will fulfill my role as a member of the Commission
and work with the Postal Service.
As I indicated in my remarks, I do want to make sure that
we continue to emphasize that positive working relationship
with the leadership at the Postal Service. There is a wealth of
data that is available. I am fully aware of how that system
works.
They have near real-time information, and I want to make
sure that we are taking best advantage to keep that information
up to date and, as the Reform Act requires, make it publicly
available.
But, yes, I think my experience and knowledge of how that
system works will be very helpful to make sure we have, again,
a positive, professional working relationship to make sure that
is all in place.
Chairman Peters. Very good. Senator Blumenthal, you are
recognized for your questions.
OPENING STATEMENT OF SENATOR BLUMENTHAL
Senator Blumenthal. Thank you, Mr. Chairman.
When Mr. Taub was here, I asked him about local service,
and I know that you are not in charge of operational matters,
but I have to tell you that town officials and citizens in two
of our communities, Ridgefield and Litchfield, have requested
that the Postal Service authorize a lease of a small portion of
property in those two towns, Ridgefield and Litchfield, to
facilitate local building projects that will enhance the
neighborhood and actually the downtown area that the Postal
Service serves.
They have been subject to lengthy month-long reviews and
been denied without sitting down and trying to find common
ground. my question to you is when the Postal Service fails to
be responsive to a local community like that, is it within your
authority and will you feel an obligation to come to the aid of
those kinds of communities?
Mr. Day. Yes, Senator.
My understanding and, as I have read Title 39 and
understood how the Commission works, there are definitely
processes and procedures that are defined in the manner in
which the Postal Service should deal with local communities. I
can tell you from my own experience as a District Manager, I
did spend a great deal of time working with local officials to
make sure we could provide, as a member of the Postal Service,
the best service possible.
As a member of the Commission, our obligation is to comply
with the guidelines provided in Title 39 to provide the
oversight of what the Postal Service does to ensure that they
are following those policies and procedures. I can assure you I
am sure the current commissioners are doing it and myself, if I
am confirmed to be a commissioner, I will do the same.
Senator Blumenthal. What do you think about electric
vehicles? Can they be used more widely?
Mr. Day. Senator, I could go on for hours on electric
vehicles. I am the former sustainability officer at the U.S.
Postal Service. I was heavily engaged. I could actually say, as
the Vice President of Engineering, we were running a test with
one of the auto manufacturers in 2001 with electric vehicles. I
have engaged with it for a long time.
It definitely can be done. There are challenges, but we can
meet those challenges. My experience with working with posts
around the world who have electrified major portions of their
fleet, I am fully aware of how that has been done, and I am
aware of the challenges that they have met.
It is the right thing to do. We ought to do it. It is the
right thing. We have to deal with climate change. But at the
same time, I do not write it off as an easy thing to do.
Senator Blumenthal. Thank you. Thank you very much, Mr.
Chairman.
Chairman Peters. Thank you, Senator. Senator Scott, you are
recognized for your questions.
OPENING STATEMENT OF SENATOR SCOTT
Senator Scott. Thank you, Chairman.
First off, congratulations, each of you, for your
nominations, and I wish you the best of luck as you go through
the process. I have never heard anything but it is a pain in
the butt. I wish you the best.
I just have a question today for Mr. Day. first off, I
think we all like the Postal Service. We like to get nice
things in the mail, and I think Postmaster General (PG) DeJoy
is doing a great job.
I never understand why the Post Office cannot make money.
Can you explain that?
Mr. Day. Senator, thank you very much for that question.
Senator Scott. I thought I would start with an easy one,
right?
Mr. Day. I wish it were an easy one. There is no easy
answer to that. I suppose if I did have it, I would be in a
different position today.
But it is the balance between universal service obligations
(USO), a commitment to provide a service to the entire country
geographically as well as the full population. That is not an
easy thing to do, but it has been done well through the history
of the Post Office Department and then the Postal Service.
I think right now in particular, the financial challenge is
because of this dramatic shift in the product that is being
handled by the Postal Service. I started with Postal Service in
1984, and for the first almost 20 years or so of my career, it
was nothing but growth. Growing organizations with growing
product growing revenue are a bit easier to manage financially.
In fact, by 2006, the Postal Service had paid off all debt and
was showing a profit.
Senator Scott. Is that when you left? You should say,
``That is when I left. I do not know what happened,'' right?
Mr. Day. I wish the timing were so. But, no, Senator, I was
still there.
The reality is we have also gone through a shift. This is a
huge technology shift with e-communications and e-commerce, and
it is dramatically shifting the business of the Postal Service
and how it is conducted. Unfortunately, my closing answer is
there is no easy answer to this, but I think in the end, the
Postal Service must fulfill its obligation to serve this
country as best it possibly can and all of its citizens.
Senator Scott. What can you do to ensure that costs are
properly attributed and taxpayers are not sustaining U.S.
Postal Service package delivery? Because my understanding is
that the taxpayers should not be on the hook for that. Is that
your understanding on the package delivery side?
Mr. Day. Yes, Senator. One of the aspects of the role of
the regulatory commission is to ensure that in the rate
process, the rate-making process, there is proper assignment of
cost to the various products, the market dominant and the
competitive products.
Again, because the Postal Service is undergoing this
significant shift in its very core to its business, it is
important that that cost attribution continue to be looked at.
That is part of the responsibility of the regulatory
commission. It needs to be reviewed and will be reviewed on an
ongoing basis, and so that is a critical aspect of what the
Commission will do as well as the rate-making process itself.
Senator Scott. The Postal Service was supposed to break
even after we made the change with this a year or so ago when
we did the congressional relief on their time and benefits, and
it has not happened. Can you explain that?
Mr. Day. Senator, again, I wish I would have the full
answer to that question. I am particularly, as a member of the
public, I have been reading and keeping up on the situation.
But I do not have the full depth of knowledge to understand it
fully.
I will say this. Again, as I said in my opening remarks, I
do fully understand that the Postal Service needs to modify the
network. I do not disagree with that.
The plan that was put out and the objective of breaking
even in 2023 will not be achieved. To a large extent, I can
understand part of that due to as they planned for 2023, they
did not fully understand inflation, what it would be and what
the impact would be.
With that said, now as they go forward to 2024, inflation
should be understood as they make that plan, and so I would
expect this is the year, if this plan is going to be
successful, we should start to see the break-even, if not a
slight profit.
If we go through another year where it is not performing,
then there is no longer the inflation was the reason, we may
need to probably take a look at the plan itself. But I think
they can achieve success in 2024 and hope they do.
Senator Scott. My understanding is what the Post Office
puts out is that they are making money in some areas, but then
they are losing money overall. Is that your understanding?
Mr. Day. That is my basic understanding, Senator. I go back
to my days of operations. Reading the Delivering for America
plan, there is a shift of activity, how things will be
transported, the logistics network, the processing, the
delivery. There is the tradeoff, and I think that's got to be
the critical part.
There are things you do in redesigning a network that will
save you money in one place but cost you money somewhere else.
Obviously, the best solution, the one that is going to get you
to break even or profit, you'd better have a bigger savings
than you have of cost, and that is the key.
Senator Scott. Do you think it is appropriate to have
third-party audits of the Postal Service to make sure it is
pricing properly?
Mr. Day. Senator, just to be sure I understand.
Senator Scott. Do you think we would do a better job with
pricing if we used an outside group to do it, basically?
Mr. Day. Senator, I would have to take a closer look and
fully understand how that might be done. To me, the Postal
Service is an independent organization that has responsibility
for the bottom line, to generate revenue, to reduce cost, and
to hopefully have a break-even or positive net income.
If you start taking authority away from someone, I do not
know how they are supposed to fully operate. I know if I was
running an organization, I would not want someone else deciding
the prices of my organization. That is my gut feeling, but I
would have to take a closer look at it to see.
Senator Scott. Does the Postal Service do a pretty good job
of measuring success and accountability and all those things?
Mr. Day. Senator, I do not know how things are going under
the current leadership. I can speak to when I was at the Postal
Service. I thought they were very good at doing that. Again, I
look back to the times when I was responsible for different
districts, which were major organizations. I had responsibility
for generally 10,000 to 15,000 employees, $1 billion of
revenue.
We had very careful measurement of success or failure, and
we were held accountable for that. Bottom line is we went into,
again, around 2006 as the PAEA was passed in 2006. The Postal
Service was functioning quite well. Service performance was
good. Financial performance was good.
I can tell you at a local level right all the way to the
top of the ranks, there was real accountability for what we
did.
Senator Scott. Thank you. Thank you, Chair.
Chairman Peters. Thank you, Senator Scott. Senator Carper,
you are recognized for your questions.
OPENING STATEMENT OF SENATOR CARPER
Senator Carper. Thanks so much.
Let me say to you, who served in the Army, I am a Navy guy
for many years, and different uniforms, same team, and grateful
for your service in that regard.
I also have always said whoever if they are in the Army,
Navy, Air Force, Marines, and they are married, have a family,
the family serves as well. I would say to your wife thank you
for your service, too.
As our Chair knows, I have a longstanding interest in the
Postal Service and will probably take that with me to the
grave. In fact, my wife, when she asked me what I want on my
tombstone for when I pass from this earth, I always tell her,
``Return to sender.'' She is still working on that. We will see
how it turns out.
But we are delighted to have you before us as a nominee,
and thank you for all of your service.
I want to say welcome again to our judicial nominees. We
have not always been very timely in terms of ways, how quickly
we handle nominees for District of Columbia judgeships, and I
know this Chair has been more judicious in moving them along.
Justice delayed is justice denied. Thank you for your
willingness to go through this process.
I want to ask--we have votes underway right now. I have
like a couple of minutes before I can get there and vote, and
then time will expire. But a question, if I could, for you, Mr.
Day? Reflecting back on your time as part of the Postal Service
and your experience outside of government and in the military,
what would you say are some of the hallmarks of an effective
commissioner of the PRC?
What are some of the hallmarks of really an excellent
commissioner in this day and age? If confirmed, how do you plan
to uphold those standards in order to ensure the Postal Service
is meeting its obligations and making strides to improve
service for its customers?
I will tell you, in our State over the last several years
at times its service has been very disappointing. A fair amount
of work has been done to change that, but I am all about
service, and I know you are, too.
But go ahead. Again, I am looking for some of the hallmarks
of an effective commissioner.
Mr. Day. I think there are several things. There is the
Commission itself. I would just comment quickly on my own view,
Senator, as I have looked at, again, 45 years of service. It is
hard to believe it has been that long.
But I learned it in the military, and it has continued. It
is what is good leadership? To me, it is trust and integrity. I
want to work with people that I can trust. I think that will be
true at the Commission. But it is just as true, we need to have
trust and integrity between the Commission and the Postal
Service leadership. Again, trust and integrity is critical.
What is key to me, being a Commissioner, is again improve
the relationship where it is necessary between the Commission
and the leadership of the Postal Service. But it is also
enabling the staff and the technology that is available at the
Commission to do the job effectively.
The real mission of the regulatory commission, yes, is
oversight, but it needs to be done in an efficient and accurate
manner, a timely manner, so that decisions can be rendered
quickly to the Postal Service. I want to make sure that--and
the staff has already done this, but there is always room for
improvement--that everything is up to speed, technically
capable, and a good, solid staff to do it with.
Senator Carper. Good, thank you.
The Postal Service has, as you know, maybe if not the
largest, one of the largest fleets in the country. For many
years, the fleet has aged older and older and older, not always
very reliable. But one thing that we could always count on as
vehicles do is pollute the air.
There is an effort underway now to update the fleet, to
phaseout the dirty, polluting vehicles. When you look at the
major sources of carbon pollution in our country, which we are
witnessing the results of these hottest days of the year on
record, hottest summer, hottest record, incredible flooding and
stuff like that--the biggest cause of climate change in this
country is mobile sources, including our vehicle fleets and
stuff.
Second is manufacturing. Third would be power plants. But
the biggest one is mobile sources. The path that the Postal
Service is on now, it is important to stick to it, all right?
It is really important to set leadership by example. I would
ask you to do that.
I have I think two minutes to go, but for our judicial
nominees, take a minute each. Ms. Oler, will you take a minute,
could you all take a minute to share with us. In spite of the
backlog of judicial vacancies that the court is currently
facing, how will you ensure that your fellow Americans are
expeditiously and justly granted their day in court? What can
you do?
We are trying to do a better job at our end, and what can
you do to make sure that that happens? Go ahead.
Ms. Oler. Thank you for the question, Senator.
I have served not only as a special master now for almost
six years, but as a trial judge in the United States Air Force
for three years.
Senator Carper. Navy salutes the Air Force. We need a
Marine here, and we will have it made.
Ms. Oler. Thank you, Senator.
In addition to that, I have also been a prosecutor, a
senior-level felony prosecutor, a defense attorney, the chief
prosecutor. I have had many roles in the litigation arena, and
as a result of that, I have developed a deep appreciation for
the rights of the parties to a litigation to be heard.
If I were fortunate enough to be confirmed for this
position, I would approach my cases the same way that I have in
the past, which is through hard work, through effective
communication to make sure that the parties to the litigation
understand my expectations, and by coming to court as prepared
as possible each day so that the proceedings can be fair and
efficient.
Senator Carper. Good. Thank you for that. That is great.
Judge Pipe, same question, just briefly, please. Go ahead.
Judge Pipe. Thank you. Thank you for the question, Senator.
How I have handled the cases in the last three and half
years as a sitting Magistrate Judge is I hear every case before
me without delay. I come in prepared so that I can quickly and
objectively and efficiently apply the law to the facts and give
the rulings and be clear and transparent with those rulings so
that the parties and the community can understand the process
and instill confidence in the system.
Senator Carper. All right, good. Thank you. Mr. Willoughby.
Mr. Willoughby. Yes, thank you, Senator.
I would agree with my co-nominees. I might add that during
my time as an Assistant U.S. Attorney here in the District of
Columbia, I have had an opportunity to appear before multiple
judges in various courtrooms. I would note and add to what my
co-nominees said, in addition to preparation is to ensure that
the parties that are before you understand what your
expectations are as well, and that's that they be prepared,
that they treat each other with courtesy and respect.
I would also add that, again, I believe that that does
instill confidence in the process and in the community as they
appear before the court.
Thank you.
Senator Carper. Those are all encouraging responses. We
wish you good luck in this confirmation process and, if
confirmed, good luck. God bless. Thanks.
Navy salutes all of you. Thanks. And so does Delaware. Take
care. Thank you.
Thanks, Mr. Chair.
Chairman Peters. Thank you, Senator Carper.
I want to thank our nominees once again for joining us here
today and for your willingness to serve in these important
positions.
The nominees have filed responses to biographical and
financial questionnaires,\1\ and without objection, this
information will be made part of the hearing record,\2\ with
the exception of the financial data,\3\ which already is on
file and available for public inspection in the Committee
offices.\4\
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\1\ The information of Mr. Day appears in the Appendix on page 24.
\2\ The information of Ms. Oler appears in the Appendix on page 73.
\3\ The information of Judge Pipe appears in the Appendix on page
102.
\4\ The information of Mr. Willoughby appears in the Appendix on
page 130.
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The hearing record will remain open until 12 p.m. tomorrow,
September 22nd. It will be open for the submission of
statements and questions for the record.
This hearing is now adjourned. [Whereupon, at 12:14 p.m.,
the hearing was adjourned.]
A P P E N D I X
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