[Congressional Record Volume 152, Number 87 (Thursday, June 29, 2006)]
[Senate]
[Pages S7173-S7175]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE CALENDAR
Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate
immediately proceed to executive session to consider the following
nominations on today's Executive Calendar: 613, 621, 738, 739, 740,
741, 742, 743, 744, 746 through 750, 752 through 758, 759, and all
nominations on the Secretary's desk.
I further ask unanimous consent that the nominations be confirmed en
bloc, the motions to reconsider be laid upon the table, the President
be immediately notified of the Senate's action, and the Senate then
return to legislative session.
The PRESIDING OFFICER. Without objection, it is so ordered.
The nominations considered and confirmed en bloc are as follows:
environmental protection agency
James B. Gulliford, of Missouri, to be Assistant
Administrator for Toxic Substances of the Environmental
Protection Agency.
department of veterans affairs
Daniel L. Cooper, of Pennsylvania, to be Under Secretary
for Benefits of the Department of Veterans Affairs for a term
of four years.
department of defense
Michael L. Dominguez, of Virginia, to be Deputy Under
Secretary of Defense for Personnel and Readiness, vice
Charles S. Abell, resigned.
in the air force
The following named officer for appointment in the United
States Air Force to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:
To be lieutenant general
Maj. Gen. Maurice L. McFann, Jr., 0000
in the army
The following named officer for appointment in the Reserve
of the Army to the grade indicated under title 10, U.S.C.,
section 12203:
To be brigadier general
Col. Frank A. Cipolla, 0000
The following named officer for appointment in the Reserve
of the Army to the grade indicated under title 10, U.S.C.,
section 12203:
To be brigadier general
Col. Michael J. Silva, 0000
in the navy
The following named officer for appointment in the United
States Navy to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:
To be vice admiral
Rear Adm. Robert B. Murrett, 0000
The following named officer for appointment in the United
States Navy to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:
To be vice admiral
Rear Adm. Mark J. Edwards, 0000
legal services corporation
Jonann E. Chiles, of Arkansas, to be a Member of the Board
of Directors of the Legal Services Corporation for a term
expiring July 13, 2008, vice Robert J. Dieter.
department of state
John Clint Williamson, of Louisiana, to be Ambassador at
Large for War Crimes Issues.
Gaddi H. Vasquez, of California, for the rank of Ambassador
during his tenure of service as U.S. Representative to the
United Nations Agencies for Food and Agriculture.
Michael E. Ranneberger, of Virginia, 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 Kenya.
Robert D. McCallum, Jr., of Georgia, to be Ambassador
Extraordinary and Plenipotentiary of the United States of
America to Australia.
Eric M. Bost, of Texas, to be Ambassador Extraordinary and
Plenipotentiary of the United States of America to the
Republic of South Africa.
Leslie V. Rowe, of Washington, 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 Papua New Guinea, and to serve
concurrently and without additional compensation as
Ambassador Extraordinary and Plenipotentiary of the United
States of America to the Solomon Islands and Ambassador
Extraordinary and Plenipotentiary of the United States of
America to the Republic of Vanuatu.
W. Stuart Symington IV, of Missouri, a Career Member of the
Senior Foreign Service, Class of Counselor, to be Ambassador
Extraordinary and Plenipotentiary of the United States of
America to the Republic of Djibouti.
Gayleatha Beatrice Brown, of New Jersey, a Career Member of
the Senior Foreign Service, Class of Counselor, to be
Ambassador Extraordinary and Plenipotentiary of the United
States of America to the Republic of Benin.
Peter R. Coneway, 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.
Clifford M. Sobel, of New Jersey, to be Ambassador
Extraordinary and Plenipotentiary of the United States of
America to the Federative Republic of Brazil.
Robert O. Blake, Jr., of Maryland, 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 Democratic Socialist Republic of Sri
Lanka, and to serve concurrently and without additional
compensation as Ambassador Extraordinary and Plenipotentiary
of the United States of America to the Republic of Maldives.
Thomas C. Foley, of Connecticut, to be Ambassador
Extraordinary and Plenipotentiary of the United States of
America to Ireland.
SMALL BUSINESS ADMINISTRATION
Steven G. Preston, of Illinois, to be Administrator of the
Small Business Administration.
Nominations Placed on the Secretary's Desk
in the army
PN1676 ARMY nomination of Con G. Pham, which was received
by the Senate and appeared in the Congressional Record of
June 14, 2006.
PN1677 ARMY nominations (7) beginning DARYL W. FRANCIS, and
ending DWAINE M. TORGERSEN, which nominations were received
by the Senate and appeared in the Congressional Record of
June 14, 2006.
PN1678 ARMY nominations (6) beginning BRIAN E. BISHOP, and
ending ALAN C. SAUNDERS, which nominations were received by
the Senate and appeared in the Congressional Record of June
14, 2006.
[[Page S7174]]
PN1679 ARMY nominations (4) beginning JOSE R. ATENCIO III,
and ending CHRISTOPHER J. MORGAN, which nominations were
received by the Senate and appeared in the Congressional
Record of June 14, 2006.
PN1680 ARMY nominations (3) beginning BRENT E. BRACEWELL,
and ending ALLEN L. MEYER, which nominations were received by
the Senate and appeared in the Congressional Record of June
14, 2006.
PN1681 ARMY nominations (9) beginning BRUCE R. DESCHERE,
and ending MICHAEL B. ROUNTREE, which nominations were
received by the Senate and appeared in the Congressional
Record of June 14, 2006.
PN1682 ARMY nominations (3) beginning MICHAEL L. ELLIS, and
ending KRISTINE KNUTSON, which nominations were received by
the Senate and appeared in the Congressional Record of June
14, 2006.
PN1683 ARMY nomination of Debra R. Hernandez, which was
received by the Senate and appeared in the Congressional
Record of June 14, 2006.
PN1684 ARMY nomination of Anne M. Emshoff, which was
received by the Senate and appeared in the Congressional
Record of June 14, 2006.
PN1685 ARMY nomination of Andrew P. Cap, which was received
by the Senate and appeared in the Congressional Record of
June 14, 2006.
PN1686 ARMY nominations (27) beginning MARK E. GANTS, and
ending SAMUEL L. YINGST, which nominations were received by
the Senate and appeared in the Congressional Record of June
14, 2006.
PN1687 ARMY nominations (32) beginning CATHLEEN A. BURGESS,
and ending JEFFREY L. WELLS, which nominations were received
by the Senate and appeared in the Congressional Record of
June 14, 2006.
PN1688 ARMY nominations (99) beginning HAZEL P. HAYNES, and
ending GlA K. YI, which nominations were received by the
Senate and appeared in the Congressional Record of June 14,
2006.
PN1689 ARMY nominations (24) beginning Ben L. Clark, and
ending JENNIFER L. WILLIAMS, which nominations were received
by the Senate and appeared in the Congressional Record of
June 14, 2006.
PN1690 ARMY nominations (699) beginning LYNN F. ABRAMS, and
ending ROBERT T. ZABENKO, which nominations were received the
Senate and appeared in the Congressional Record of June 14,
2006.
IN The MARINE CORPS
PN1691 MARINE CORPS nominations (6) beginning CHRISTOPHER
J. GALFANO, and ending RUSSELL W. PARKER, which nominations
were received by the Senate and appeared in the Congressional
Record of June 14, 2006.
in the NAVY
PN1692 NAVY nomination of Zina L. Rawlins, which was
received by the Senate and appeared in the Congressional
Record of June 14, 2006.
nomination of kenneth wainstein
Mr. LEAHY. Mr. President, today we consider a nominee for the new
position of Assistant Attorney General for the National Security
Division. All too often, in the Bush-Cheney administration, national
security has been cited as a justification for overriding the rule of
law and for imposing unprecedented secrecy. With the acquiescence of
the Republican-controlled Congress, this administration may be the most
unresponsive in history and the most unaccountable.
Ken Wainstein is President Bush's selection to be the first Assistant
Attorney General for National Security, a new position created by
Congress. I will not oppose this nomination in the hope that Mr.
Wainstein will work with us and be responsive to the Senate.
I have concerns about this administration's unilateral approach to
national security issues. Four years ago, the Office of Legal Counsel
at the Justice Department issued a secret legal opinion concluding that
the President of the United States had the power to override domestic
and international laws outlawing torture. The memo sought to redefine
torture and asserted that the President enjoys ``complete authority
over the conduct of war'' and asserted that application of the criminal
law passed by Congress prohibiting torture ``in a manner that
interferes with the President's direction of such core war matters as
the detention and interrogation of enemy combatants would be
unconstitutional.'' It seemed to assert that the President could
immunize people from prosecution for violations of U.S. criminal laws
that prohibit torture. This Justice Department memo was withdrawn only
after it became public because it could not withstand public scrutiny.
We have learned through the media of warrantless wiretapping and
data-mining conducted by this administration. This, despite the Foreign
Surveillance Intelligence Act and its express provisions and the
actions on the Senate in voting to curtail the data-mining programs by
Admiral Poindexter at the Defense Department. We have yet to be
provided with a convincing legal justification for these programs. We
have yet to be able to investigate or hold the administration
accountable. Instead, every effort at oversight and accountability have
been obstructed or curtailed by the administration. The administration
refuses to follow the law and submit matters to the FISA court and
claims state secrets to force court challenges to be dismissed. The
administration tells the Senate when, what and how it may investigate.
The Department of Justice's own, internal Office of Professional
Responsibility's probe of whether or not lawyers at the Department
violated ethical rules in justifying these activities was shut down by
the Attorney General and the White House.
As this administration continues to expand its power, the Department
of Justice should be advising the President to obey the law and respect
the Congress and the courts, not just helping to rationalize actions
and forestall oversight.
In theory, this new position might help Department of Justice
attorneys to act responsibly on national security issues, rather than
just to do the White House's bidding. It should put national security
issues into the hands of experts, not political cronies. In fact, the
WMD Commission recommended in March of last year that the different
components of the Department's dealing with national security,
terrorism, counterintelligence, and foreign intelligence surveillance
be combined to eliminate deficiencies and inefficiencies in the
Department's national security efforts. Congress acted to create the
post. This new Assistant Attorney General position can only serve a
useful role if the person who occupies it is willing to think
independently. This administration has consistently prized loyalty over
independence and expertise.
Mr. Wainstein has some experience as a prosecutor, but he has also
been a loyal official of this administration for some time now. I hope
that he will be able to look at the crucial national security issues to
be handled by this new office with a critical eye and a view toward
respecting law and the Congress. If he does, he will be a breath of
fresh air in the Bush-Cheney administration.
Recently, Judiciary Committee Chairman Specter and I received a
letter from the Fraternal Order of Police. The FOP ``endorsed'' Mr.
Wainstein ``in order to facilitate his departure from the U.S.
Attorney's Office.'' They criticized him for being ``unwilling to
perform'' the function of investigating and prosecuting an alleged
attack on a police officer. That is not what I would term high praise
for his judgment. I ask that a copy of the letter be printed in the
Record
There being no objection, the material was ordered to be printed in
the Record, as follows:
Grand Lodge,
Fraternal Order of Police,
Washington, DC, June 9, 2006.
Hon. Arlen Specter,
Chairman, Committee on the Judiciary, U.S. Senate,
Washington, DC.
Hon. Patrick J. Leahy,
Ranking Member, Committee on the Judiciary, U.S. Senate,
Washington, DC.
Dear Mr. Chairman Specter and Senator Leahy, I am writing
on behalf of the members of the Fraternal Order of Police to
advise you of our position on the nomination of Kenneth L.
Wainstein, currently the U.S. Attorney for the District of
Columbia, to be the Assistant Attorney General for the
National Security Division at the U.S. Department of Justice.
The F.O.P. is very frustrated by the manner in which Mr.
Wainstein is handling the investigation into the attack on a
Federal law enforcement officer by U.S. Representative
Cynthia L. McKinney. The grand jury has held this case for
more than two months when the usual practice of a Federal
prosecutor is to immediately arrest and swiftly indict people
that attack police officers. It is clear to us that the
accused in this case is receiving special treatment from Mr.
Wainstein. This is unacceptable--had the officer's attacker
in this case been a visitor to the Capitol instead of a U.S.
Representative, it is likely that he or she would have
already stood trial. Instead, under the stewardship of Mr.
Wainstein, we have a seemingly endless grand jury proceeding
and rumored talks of a plea deal, despite the fact that there
has not even been an indictment.
Given that the basic function of a prosecutor is to
investigate and prosecute cases, and given that Mr. Wainstein
seems unwilling to perform this function in a simple assault
case, the F.O.P. was initially reluctant to support his
nomination to Assistant Attorney General. However, upon
further reflection, we have reconsidered. There is a
[[Page S7175]]
genuine need to have an effective and appropriately
aggressive Federal prosecutor in the District of Columbia
and, because the responsibilities of the position for which
he has been nominated are largely advisory in nature, we have
decided to advocate his swift and immediate confirmation in
order to facilitate his departure from the U.S. Attorney's
office. In so doing, we hope that his replacement will prove
to be better able to handle pending cases--particularly those
involving assaults on law enforcement officers.
Justice is something that must be vigorously pursued and
Mr. Wainstein is waffling. We feel that someone of his
temperament is better suited to a less operational position
and, for this reason, on behalf of the more than 324,000
members of the Fraternal Order of Police, we urge his
expeditious confirmation. I thank you both in advance for
your consideration of our views on this matter. If I can be
for any further help, please feel free to contact me or
Executive Director Jim Pasco at my Washington office.
Sincerely,
Chuck Canterbury,
National President.