[Congressional Record Volume 149, Number 139 (Friday, October 3, 2003)]
[Senate]
[Pages S12474-S12475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           EXECUTIVE CALENDAR

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
immediately proceed to executive session to consider the following 
nominations on today's Executive Calendar: Calendar Nos. 147, 308, 343, 
354, 363, 379, 387, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 
403, 404, and all nominations on the Secretary's desk. I further ask 
unanimous consent that the nominations be confirmed; that the motions 
to reconsider be laid upon the table; that the President be immediately 
notified of the Senate's action; and that the Senate then return to 
legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed are as follows:


        international joint commission, united states and canada

       Dennis L. Schornack, of Michigan, to be Commissioner on the 
     part of the United States on the International Joint 
     Commission, United States and Canada.


                         department of justice

       Jack Landman Goldsmith III, of Virginia, to be an Assistant 
     Attorney General.


                    department of homeland security

       Penrose C. Albright, of Virginia, to be an Assistant 
     Secretary of Homeland Security. (New Position)


                         department of justice

       Daniel J. Bryant, of Virginia, to be an Assistant Attorney 
     General.


                          department of energy

       Rick A. Dearborn, of Oklahoma, to be an Assistant Secretary 
     of Energy (Congressional and Intergovernmental Affairs).


                         department of justice

       Mauricio J. Tamargo, of Florida, to be Chairman of the 
     Foreign Claims Settlement Commission of the United States for 
     a term expiring September 30, 2006. (Reappointment)
       John Francis Bardelli, of Connecticut, to be United States 
     Marshal for the District of Connecticut for the term of four 
     years, vice John R. O'Connor.


                          department of state

       Richard Eugene Hoagland, of the District of Columbia, a 
     Career Member of the Senior Foreign Service, Class of 
     Minister-Counselor, to be Ambassador Extraordinary and 
     Plenipotentiary of the United States of America to the 
     Republic of Tajikistan.
       Pamela P. Willeford, of Texas, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to Switzerland, and to serve concurrently and without 
     additional compensation as Ambassador Extraordinary and 
     Plenipotentiary of the United States of America to the 
     Principality of Liechtenstein.
       James Casey Kenny, of Illinois, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to Ireland.
       Randall L. Tobias, of Indiana, to be Coordinator of United 
     States Government Activities to Combat HIV/AIDS Globally, 
     with the rank of Ambassador.
       W. Robert Pearson, of Tennessee, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, to be 
     Director General of the Foreign Service.
       William Cabaniss, of Alabama, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the Czech Republic.
       David L. Lyon, of California, a Career Member of the Senior 
     Foreign Service, to serve concurrently and without additional 
     compensation as Ambassador Extraordinary and Plenipotentiary 
     of the United States of America to be Ambassador to the 
     Republic of Kiribati.
       Roderick R. Paige, of Texas, to be a Representative of the 
     United States of America to the Thirty-second Session of the 
     General Conference of the United Nations Educational, 
     Scientific, and Cultural Organization.
       H. Douglas Barclay, of New York, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to the Republic of El Salvador.
       Robert B. Charles, of Maryland, to be an Assistant 
     Secretary of State (International Narcotics and Law 
     Enforcement Affairs).


                         Department of Justice

       Karin J. Immergut, of Oregon, to be United States Attorney 
     for the District of Oregon for the term of four years.


                    Department of Homeland Security

       C. Suzanne Mencer, of Colorado, to be the Director of the 
     Office for Domestic Preparedness, Department of Homeland 
     Security. (New Position)

               Nominations Placed on the Secretary's Desk


                            foreign service

       PN356-3 Foreign Service nomination of Pamela A. White, 
     which was received by the Senate and appeared in the 
     Congressional Record of February 25, 2003.


                nomination of jack landman goldsmith iii

  Mr. LEAHY. Mr. President, we voted today on the nomination of Prof. 
Jack Goldsmith to head the Office of Legal Counsel at the Department of 
Justice. I have serious reservations about Professor Goldsmith's 
nomination. In particular, I am concerned about his positions as they 
relate to the international protection of human rights, the engagement 
of the United States in holding accountable those who commit crimes 
against humanity, the administration's use of military tribunals and, 
more broadly, our Nation's place in the global community.
  Professor Goldsmith is a leading opponent of the use of the Alien 
Tort Claims Act, ATCA. For the past 23 years, judges have interpreted 
the ATCA to allow victims of torture and abuse to file claims in United 
States courts against foreign governments, torturers, and multinational 
corporations. Victims have used the act to bring claims against 
notorious violators of human rights, such as war criminal Radovan 
Karadzic, the former prime minister of the Philippines, Ferdinand 
Marcos, and the banks and companies that profited from Nazi war crimes. 
Professor Goldsmith's opposition to the use of ATCA reflects a 
disturbing shift away from international efforts to hold human rights 
abusers responsible for their inhumane treatment of innocent victims 
throughout the world.
  Professor Goldsmith is also a vocal opponent of the International 
Criminal Court, ICC. Over the past few months, the ICC has taken steps 
toward becoming an effective tool to hold accountable those accused of 
war crimes, genocide, and crimes against humanity. Yet Professor 
Goldsmith has dismissed the Court as ``futile'' and ``unrealistic.'' 
Many believe that the ICC is the best forum to bring the world's worst 
criminals to justice, but Professor Goldsmith has predicted that it is 
headed for the grave: I am hopeful that the United States can one day 
play a key role in ensuring that the ICC effectively carries out its 
historic mandate, and I worry that Professor Goldsmith has not 
demonstrated a commitment to leading the administration in this 
important direction.
  Professor Goldsmith also vigorously defended the President's 
authority to try suspected terrorists by military tribunal, despite the 
concerns raised by many Americans and our allies about the legality of 
these practices. Legitimate questions have been raised about the 
administration's inconsistency in bringing some cases in federal court 
while referring other similar cases to military tribunals, where the 
defendants' rights are fewer and the procedures less clear. I urge 
Professor Goldsmith to take a hard look at the administration's recent 
treatment of prisoners of war: I fear it may have negative implications 
for the treatment of our own citizens abroad.
  Professor Goldsmith's positions on ATCA, the ICC, and military 
tribunals reflect a broader, disturbing trend in his thinking, 
scholarship and writings. At a time when the United States should be 
increasing our engagement in the international community, I am 
concerned that Professor Goldsmith will advocate for less engagement. 
At a time when the United States should be increasing our global 
cooperation in areas such as the war on terrorism, the environment, and 
international peace and security, I am concerned that Professor 
Goldsmith will advocate for less cooperation. At a time when the United 
States should be reaffirming

[[Page S12475]]

our commitment to protecting individual liberties, due process rights, 
and access to equal justice, I am concerned that Professor Goldsmith 
lacks a true commitment to these foundations of our democracy.
  I am also alarmed by the veil of secrecy that has been drawn by 
Attorney General Ashcroft over the operations of the Office of Legal 
Counsel. I encourage Professor Goldsmith to allow the sun to shine into 
the Office of Legal Counsel by disclosing memoranda and opinions to the 
American public, insofar as such disclosure would not raise legitimate 
national security concerns.
  I hope that, within the context of Professor Goldsmith's temporary 
appointment, he will look beyond his academic musings and offer the 
objective legal advice he promised this Senate he would provide. As he 
develops his legal opinions and advises the administration, I hope that 
he seriously considers the universally accepted international legal 
norms that have proven essential in protecting the rights of all 
members of our global community to freedom, security, and due process 
of law.

                          ____________________