[Congressional Record Volume 155, Number 97 (Thursday, June 25, 2009)]
[Senate]
[Pages S7109-S7111]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOMINATION OF JULIUS GENACHOWSKI
Mr. DeMINT. Mr. President, I would like to speak for a moment about a
pending nomination that is not necessarily the topic of dinner table
conversations around the country, but is nonetheless very important in
all our daily lives. I am speaking of the Chairman of the Federal
Communications Commission, the FCC.
Wireless phones, cable, and satellite television, Internet services,
and local television and radio are a part of everyone's daily lives in
one way or another. And while we may all have a customer service issue
from time to time, for the most part these industries and the products
they offer are a showcase of the freedom and innovation that has made
America the most dynamic economy and society in the world's history.
We have seen these innovations in dramatic ways in recent days with
Twitter reporting, YouTube videos, and mobile updates from the streets
of Iran. Of course, the most important element of this new technology
is that it gives an unprecedented power to individuals to speak about
and share their personal experiences--everyone is empowered and the
individual controls the message.
This is very important as it changes the media paradigm we have known
for a generation. We often hear the terms ``old'' and ``new'' media. It
is more accurate to say ``centralized'' and ``personalized'' media. Not
long ago, the average American had access to only a handful of radio
and television programming, a local newspaper, no Internet, no mobile
telephone service, no texting, and certainly no mobile broadband. In
other words, the average person had far less access to information than
today, and from far more centralized sources.
The changing communications landscape calls for a knowledgeable and
forward-looking FCC; not one looking to regulatory structures of the
past that will hamstring future growth and innovation. The President
has nominated Julius Genachowski to be Chairman of the FCC. While I
believe he is very knowledgeable about today's communications
landscape, I am afraid he may have tendencies to direct the development
of our private communications industries, particularly broadcast media,
with an eye towards the past.
Many of my colleagues have chosen to give Mr. Genachowski the benefit
of the doubt, and are supporting his nomination. I believe he has
enough votes to be confirmed as FCC Chairman. While I remain concerned
that Mr. Genachowski will take us backward, towards more government
control of media, more government interference in commerce, and,
unfortunately, more government control of media content--I will not
prevent his nomination from proceeding.
I will, however, be vigilant in the weeks and months ahead and will
fight any effort that even appears to have the effect of limiting or
mandating political speech on the airwaves. Mr. Genachowski has said
that, under his guidance, any rules that the Commission considers would
be through ``processes that are open, transparent, fair, and driven by
facts about the industry and the marketplace.'' I hope this is true and
promise to hold him to his commitments.
Nomination of Robert S. Litt and Stephen W. Preston
Mrs. FEINSTEIN. Mr. President, I rise today to support the
confirmation of Robert S. Litt to be the second general counsel of the
Office of the Director of National Intelligence. I also rise in support
of the confirmation of Stephen W. Preston as general counsel of the
Central Intelligence Agency, to fill the vacancy in that office that
has existed since 2004. President Obama's decision to place these
distinguished lawyers at the helms of these vitally important legal
offices is an essential step in ensuring that the intelligence
community operates within the rule of law.
On June 11, the Select Committee on Intelligence, which I am
privileged to chair, favorably reported the nominations by a bipartisan
14-1 vote. The committee's support of the nominees is based on an
extensive public record. We questioned them at an open hearing on May
21. That day we also placed on our website their responses to our
questionnaire for presidential nominees and to additional prehearing
questions about the offices for which they have been nominated.
On June 5, we placed on our website their responses to a further,
extensive round of posthearing questions. We also examined financial
information that is available to the public through the Office of
Government Ethics and confidential communications to the committee from
the nominees that supplement their public answers about how they will
approach potential conflicts relating to their private law practices.
Mr. Litt is a graduate of Harvard University and Yale Law School. He
clerked for Judge Edward Weinfeld of the Southern District of New York
and Justice Potter Stewart of the Supreme Court. He served as an
assistant U.S. attorney in the Southern District of New York for 6
years. He later became a partner at the law firm of Williams &
Connolly. Then from 1993 to 1999, after a year at the State Department,
he held two important posts at the Department of Justice. There, after
service as a deputy assistant attorney general in the criminal
division, he rose to be Principal Associate Deputy Attorney General. At
the DOJ, his responsibilities included FISA applications, covert action
reviews, computer security, and other national security matters.
He has been a partner with the law firm of Arnold and Porter since
1999 and has been active in intelligence and national security policy
matters through bar association and other public activities.
Stephen Preston is a graduate of Yale University and Harvard Law
School. He clerked for Judge Phyllis A. Kravitch of the U.S. Court of
Appeals for the 11th Circuit, and joined Wilmer, Cutler, and Pickering,
where he became a partner. From 1993 to 2000, Mr. Preston served in the
Department of
[[Page S7110]]
Defense and the Department of Justice. At the Department of Defense, he
was a deputy general counsel and then the principal deputy general
counsel, which included a period as acting general counsel and later,
general counsel for the Department of the Navy. At the Department of
Justice, he was a deputy assistant attorney general in the civil
division. While at DOD, the chief counsels at the defense intelligence
agencies reported to him, and while at the Navy Department he had legal
and oversight responsibilities for the Naval Criminal Investigative
Service. He has informed the committee that in his DOD and Navy
positions, he dealt with other national security agencies, including
the CIA.
Mr. Preston has been a partner at the law firm of WilmerHale since
2001, dealing in both his practice and public and private activities
with national security matters.
The Director of National Intelligence has the statutory
responsibility of ensuring compliance with the Constitution and laws of
the United States by the Office of the DNI and the CIA and ensuring
that compliance by other elements of the intelligence community through
their host executive departments. As the chief legal officer of the
Office of Director of National Intelligence, the general counsel has
the critically important responsibility of aiding the DNI in fulfilling
this mandate.
In providing legal advice to the DNI, the general counsel must have
insight into activities throughout the intelligence community including
those of the general counsel offices in the various intelligence
community elements. As we made clear during this nomination process,
the committee expects that the ODNI general counsel will be aware of
and have an opportunity to evaluate all of the significant legal
decisions made throughout the intelligence community. The general
counsel also represents the executive branch in proposing and
negotiating legislative provisions for our annual intelligence
authorization bill, which is coming up, and for other legislation that
affects the equities of the intelligence community. The first ODNI
general counsel, Benjamin Powell, played an indispensable role, for
which our committee is deeply grateful, in working with the Congress on
the FISA Amendments Act of 2008.
The Central Intelligence Agency operates around the world outside of
the law of other nations but is required to operate in strict
compliance with United States law, including the Constitution, acts of
Congress, and treaties made under the authority of the United States.
The CIA general counsel serves to ensure that compliance. Because of
the independent legal judgment the role requires, the position of CIA
general counsel is an extremely challenging one that requires a strong
and principled leader. It has been the longstanding position of the
Senate, as manifested in the recommendations of the Iran-Contra
Committees upon examining the significant failures they exposed, that
it is essential that the CIA general counsel be confirmed by the
Senate.
The CIA Office of General Counsel played a key role in the creation
of the CIA detention and interrogation program. It provided significant
information to the Office of Legal Counsel at the Department of
Justice. It participated in briefings to the National Security Council
and to Congress. And it was in charge of interpreting and implementing
the Office of Legal Counsel's guidance to CIA interrogators in the
field.
An examination of the role of the general counsel's office in the
detention and interrogation program--something that the Intelligence
Committee's review of the program will explore--demonstrates how
important it is that the office has a strong leader who applies both
sound legal analysis and good judgment to the task of providing counsel
to the Director.
As I mentioned earlier in these remarks, the nominees answered the
committee's many questions both in writing and in testimony before us.
Individual members of the committee may have disagreements with
individual answers, and some of these were discussed in the committee's
consideration of both. To some extent, the nominees are at the
disadvantage of not yet knowing the often still classified context of
various questions. I am confident that they will quickly learn.
Moreover, a nomination process is a two-way communication. We use it
to learn about the nominees, but it is also a process in which they
learn about our concerns. Both nominees now have an abundantly clear
idea, for example, of the importance we place on the law's requirements
for keeping the committee fully and currently informed. Of course, they
will also have the responsibility of implementing the clear commitments
that Directors Blair and Panetta have made to that cornerstone of
accountability and oversight.
For both the ODNI and the CIA, the Nation needs a strong general
counsel of unimpeachable integrity and an unwavering commitment to the
Constitution and laws of the United States. I cannot say that too
strongly. I am pleased that our committee has determined that the two
nominees are both highly qualified and well suited to serve the Nation
by providing counsel to the Director of National Intelligence and the
CIA. I urge my colleagues to confirm them.
Mr. REID. Mr. President, I ask unanimous consent that the Foreign
Relations Committee be discharged of PN587, the nomination of Daniel M.
Rooney to be Ambassador to Ireland; that the Senate then proceed to the
nomination; that the nomination be confirmed and the motion to
reconsider be laid on the table; that no further motions be in order;
that the President be immediately notified of the Senate's action, and
that any statements relating thereto be printed at the appropriate
place in the Record, as if read.
The PRESIDING OFFICER. Without objection, it is so ordered.
The nomination considered and confirmed is as follows:
Department of State
Daniel M. Rooney, of Pennsylvania, to be Ambassador
Extraordinary and Plenipotentiary of the United States of
America to Ireland. The Financial Report of Contributions of
Daniel M. Rooney was printed on page S7776 in the July 21,
2009 Congressional Record.
=========================== NOTE ===========================
On page S7110, June 25, 2009, the Record reads: Department of
State, Daniel M. Rooney, of Pennsylvania, to be to be Ambassador
Extraordinary and Plenipotentiary of the United States of America
to Ireland.
The online Record has been corrected to read: Department of
State, Daniel M. Rooney, of Pennsylvania, to be to be Ambassador
Extraordinary and Plenipotentiary of the United States of America
to Ireland. The Financial Report of Contributions of Daniel M.
Rooney was printed on page S7776 in the July 21, 2009
Congressional Record.
========================= END NOTE =========================
Mr. REID. Mr. President, I ask unanimous consent that the Foreign
Relations Committee be discharged from PN578, Foreign Service list
beginning with Susan Marie Carl and ending with Dale N. Tasharski,
nominations received by the Senate and that appeared in the
Congressional Record on June 10, 2008; that the Senate proceed, en
bloc, to their consideration; that the nominations be confirmed en
bloc; the motions to reconsider be laid upon the table en bloc; that no
further motions be in order; that the President be immediately notified
of the Senate's action, and the Senate then resume legislative session.
The PRESIDING OFFICER. Without objection, it is so ordered.
The nominations considered and confirmed en bloc are as follows:
Department of State
Susan Marie Carl, of Alaska
The following-named Members of the Foreign Service to be
Consular Officers and Secretaries in the Diplomatic Service
of the United States of America:
Department of Commerce
Landon A. Loomis, of Louisiana
Keenton C. Luong, of California
Megan A. Schildgen, of Maryland
Department of State
Karl Miller Adam, of Texas
Anjum F. Akhtar, of California
Elizabeth Ann Albin, of Texas
Mark K. Antoine, of Virginia
Julia Elizabeth Apgar, of the District of Columbia
Daniel Patrick Aragon, of Vermont
Karla Ascarrunz, of Virginia
Nathan D. Austin, of Washington
Dina A. Badawy, of California
Francoise I. Baramdyka, of California
Ashley Chantel Barriner-Byrd, of Pennsylvania
Matthew Baumgardt, of the District of Columbia
Brian Paul Beckmann, of Minnesota
Fritz Berggren, of Washington
Kathryn W. Bondy, of Georgia
Roxana Botea, of Virginia
A. Stephanie Brancaforte, of Virginia
Jennifer Leigh Bridgers, of Georgia
Theodore Brosius, of the District of Columbia
Annmarie E. Bruen, of Virginia
Michael William Campbell, of Maryland
Jessica Chesbro, of Oregon
Henry K. Clark, of Maryland
Bianca M. Collins, of Virginia
Patricia A. Connelley, of Virginia
Justin John Cook, of Virginia
Anton M. Cooper, of Washington
Edward Kenneth Corrigan IV, of Virginia
Ann Marie Cote, of Michigan
Andrew J. Curiel, of California
Douglas M. Disabello, of Virginia
Jenny R. Donadio, of Virginia
Nick Donadio, of Virginia
[[Page S7111]]
Colin C. Dreizin, of California
Jennifer G. Duckworth, of the District of Columbia
Thomas A. Duval, of Massachusetts
Amy E. Eagleburger, of North Carolina
Jeremy Edwards, of Texas
Jeffrey E. Ellis, of Washington
Shannon M. Epps, of Virginia
John C. Etcheverry, of Virginia
Karen J. Fackler, of Virginia
Sarah L Fallon, of Wisconsin
Craig J. Ferguson, of the District of Columbia
Dylan Thomas Fisher, of the District of Columbia
Theodore J. Fisher, of California
Charles Fouts, of California
Calvin C. Francis, of Virginia
Ryan Eastman Gabriel, of Virginia
Robert A. Gautney, of Virginia
Joseph Martin Geraghty, of the District of Columbia
John Drew Giblin, of Georgia
Stephanie Snow Gilbert, of Oklahoma
Mark T. Goldrup, of California
Amit Raghavji Gosar, of Virginia
John Jake Goshert, of New York
Forrest Graham, of Mississippi
Andrea M. Grimste, of Virginia
Andrew Harrop, of Virginia
Jessica A. Hartman, of Virginia
Nickolaus Hauser, of Texas
Stephanie Made Hauser, of Florida
Mark E. Hernandez, of Virginia
Benjamin G. Hess, of North Carolina
Edward T. Hickey, of the District of Columbia
Jean Hiller, of Virginia
Alan Paul Holmes, of Virginia
Marcia Elizabeth House, of Georgia
Brent W. Israelsen, of Utah
William Jamieson, of Virginia
James Taylor Johnson, of Virginia
Linda M. Johnson, of the District of Columbia
Luke Steven Johnson, of Virginia
Emmit A. Jones, of Virginia
Penelope R. Justice, of Virginia
Rachel Y. Kallas, of Wisconsin
Stephanie Kang, of Missouri
Arthur Keating, of Virginia
Wesley C. Kelly, of Virginia
Matthew DeFerreire Kemp, of Virginia
William B. Kincaid, of the District of Columbia
Jerrah M. Kucharski, of Pennsylvania
Athena Kwey, of California
James Lamson, of Virginia
Dawson Edward Law, of Montana
Katherine Maureen Leahy, of New Jersey
Adam J. Leff, of the District of Columbia
Rong Li, of Maine
Michael Lis, of the District of Columbia
Elizabeth Angela Litchfield, of Illinois
Qin P. Lloyd, of Virginia
Paul A. Longo, of the District of Columbia
Louis T. Manarin, of Virginia
Christa Leora Matthews, of Virginia
Jennifer L. McAndrew, of Texas
Daniel Craig McCandless, of Pennsylvania
Vicki H. McDanal, of Virginia
LaYanna K. McLeod, of Virginia
Daniel E. Mehring, of California
Kristen Ann Merritt, of California
Sterling Michols, of Nevada
Rachel I. Mihm, of Virginia
Kenneth W. Miller, of Virginia
Zachary J. Millimet, of Virginia
Scott J. Mills, of North Carolina
Eric Charles Moore, of Minnesota
Kristy M. Mordhorst, of Texas
Michael K. Morton, of Virginia
Timothy P. Murphy, of West Virginia
Timothy M. Newell, of Virginia
Scott A. Norris, of Florida
Sarah Oh, of New York
Mark J. Oliver, of Virginia
James Paul O'Mealia, of New Jersey
Irene Ijeoma Onyeagbako, of Nevada
Erik Graham Page, of South Carolina
Timothy J. Pendarvis, of Kansas
Valerie Petitprez-Horton, of Virginia
Marlene H. Phillips, of Virginia
Michael P. Picariello, of Virginia
Heidi M. Pithier, of Virginia
Archana Poddar, of Massachusetts
Stacey D. Price, of Maryland
A. Larissa Proctor, of Pennsylvania
Erin Ramsey, of North Carolina
Jerarnee C. Rice, of Tennessee
James Thomas Rider, of Michigan
Syed-Khalid Rizvi, of Maryland
Jennifer W. Robertson, of Vrginia
Mark Robertson, of Virginia
Christopher M. Rogers, of Virginia
Delbert A. Roll, of Virginia
Travis D. Rutherford, of Virginia
Lisa A. Salamone, of Arizona
Dustin F. Salveson, of Utah
Lee Eric Schenk, of the District of Columbia
Janelle L. Schwehr, of Virginia
Jonathan C. Scott, of California
Vikrum Sequeira, of Texas
Mihail David Seroha, of Florida
Muhammad Rashid Shahbaz, of New York
George Brandon Sherwood, of North Carolina
Natalya C. Simi, of Virginia
Gwendolynne M. Simmons, of Florida
Nathan R. Simmons, of Idaho
Christopher James Sinay, of Virginia
Nisha DiNp Singh, of the District of Columbia
Matthew Siren, of Virginia
Kimberly L. Skoglund, of Virginia
Jeremy Daniel Siezak, of New Jersey
Eric Anthony Smith, of the District of Columbia
Veronique E. Smith, of California
Abigail Anne Davis Spanberger, of Virginia
Wesley R. St. Onge, of Virginia
Kristen Marie Stott, of Illinois
Anna Amalie Taylor, of Virginia
John Manning Thomas, of the District of Columbia
Elisabeth Spiekemann Thornton, of Virginia
Sarah M. Trustier, of Virginia
Andrea Tully, of Virginia
Marc E. Turner, of Virginia
Timothy J. Uselmann, of Virginia
Annette Vandenbroek, of Wisconsin
Chad R. Wagner, of Virginia
Marisa Corrado Walsh, of Virginia
Michael James Wautlet, of Colorado
Matthew Harris Welch, of Virginia
Geoffrey David Wessel, of North Carolina
Amos A. Wetherbee, of Massachusetts
Garrett E. Wilkerson, of Oregon
Steve J. Wingler, Jr., of Georgia
John Anthony Gerhard Yoder, of Virginia
Margaret Anne Young, of Missouri
Melissa B. Zeliner, of Illinois
Secretary in the Diplomatic Service of the United States of
America:
John J. Kim, of the District of Columbia
The following-named Career Members of the Senior Foreign
Service of the Department of Commerce for promotion into the
Senior Foreign Service to the class indicated:
Career Member of the Senior Foreign Service of the United
States of America, Class of Counselor, effective June 22,
2008:
Dale N. Tasharski, of Tennessee
Mr. REID. Mr. President, I rushed through these nominations once we
were able to get permission to move them forward. Each one of these
that we have just read will change people's lives. Some of these people
have been waiting a long time to enter public service. Some have been
in public service and are moving to a different spot. It is too bad we
can't give more recognition to these outstanding individuals. Their
recognition will be based on the job they do while working in this
administration. All these people who are approved are not Democrats.
They come from both sides. I am thankful and grateful we have been able
to get this many done. People have had individual questions about all
these nominations, and we worked through them.
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