[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.

=======================================================================

                                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
        

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                    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

                                 ------                                
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.

                              ----------                              


                      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.
---------------------------------------------------------------------------
    \1\ The prepared statement of Senator Peters appears in the 
Appendix on page 19.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \1\ The prepared statement of Mr. Day appears in the Appendix on 
page 21.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \1\ The prepared statement of Judge Pipe appears in the Appendix on 
page 100.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \1\ The prepared statement of Mr. Willoughby appears in the 
Appendix on page 128.
---------------------------------------------------------------------------
    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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