[Congressional Record Volume 163, Number 70 (Tuesday, April 25, 2017)]
[Senate]
[Pages S2511-S2513]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                        Tribute to Brian McGuire

  Mr. McCONNELL. Mr. President, this is one of those days I never look 
forward to. In my time in the Senate, I have had a lot of outstanding 
chiefs of staff. It is a pretty impressive group of men and women who 
have been in that position with me over the years--none more impressive 
than the person who, unfortunately, I have to say goodbye to today.
  I am here today to pay tribute to Brian McGuire, the chief of staff 
in my personal office, who is going to be leaving after well over 10 
years of service in several different capacities but over the last few 
years as my personal office chief of staff. He is really a uniquely 
gifted person. He is one of the most skilled writers I have ever 
encountered and, in fact, in my career, the most skilled writer I ever 
encountered. But in addition to that, he is good at a whole lot of 
other things, too, as I will subsequently describe in my remarks.
  As I think back about the chiefs of staff I have fortunately been 
lucky enough to have, none has been better at so many different things 
than Brian McGuire. I always hate to see these talented people go, but 
we know the best way for each of us to operate is to do what is in our 
own best interests. Of course, he has reached the point where he has a 
big family. There are more lucrative alternatives out there--maybe not 
as much fun and not as meaningful as daily life around here but 
important to making sure our families are taken care of.
  It is hard to know really where to begin with Brian. He came to my 
office in 2007. It was a critical time. I had just been elected Senate 
Republican leader. We were not in the majority, but I had just been 
elected to this position. There was a lot of pressure to get things 
right.
  Obviously, I was setting up a new staff in the leadership office. I 
wanted the best I could find. When we set out to hire a speechwriter, I 
certainly wasn't envisioning an upstate New Yorker with a master's in 
philosophy and a resume that included stints at HUD and the Schenectady 
Daily Gazette. From HUD to the Schenectady Daily Gazette and a guy from 
Albany, NY--not exactly what I had envisioned, but that was Brian 
McGuire, and he quickly proved himself in that role. That wouldn't 
surprise anyone who knows Brian. He is, as I said earlier, a skilled 
writer. He is bright. He is talented. He is guided by faith and his 
family. He is also the consummate professional, going above and beyond 
each and every time, no matter what the challenge, and we have plenty 
of them. As the years went by, there would be many different 
challenging situations--communications challenges, policy challenges, 
political challenges--but whatever the issue, Brian always rose to the 
moment.
  After the 2014 election, when I became majority leader, I asked Brian 
to leave speechwriting behind and become the chief of staff in my 
personal office. He agreed, fortunately. He took to his new opportunity 
to serve the people of Kentucky with similar skill and always good 
humor.
  These days, you would be forgiven for thinking Brian had spent his 
formative years in Albany, KY, rather than Albany, NY. He is an 
adaptable guy. He led my office in pressing the Commonwealth's 
priorities on issues as diverse as industrial hemp, clean coal 
technology, and the fight against heroin and opioid abuse. So we can 
see the versatility, from a skilled writer from New York, of all 
places, to an effective advocate for Kentucky and Kentucky's interests.
  Brian will be ably succeeded by another impressive individual, Phil 
Maxson, a Kentucky native who I know will continue Brian's legacy of 
service to Kentucky and who will serve with similar distinction.
  Brian McGuire probably never imagined he would find himself here. 
Like me, he grew up dreaming of a career in the Major Leagues. As he 
put it, though, you can either hit the fastball or you can't. And since 
neither of us could, we ended up here. But Brian is more than just 
another power hitter; he, like his idol growing up, the Mets' Keith 
Hernandez, is an all-star. Brian is an indispensable utility player who 
can play every position, and I am not sure what I would have done 
without him. He is also one of the most interesting guys you will meet. 
Brian has a great sense of humor and a rather infamous reputation for 
spot-on impressions. He is probably the only one around here who holds 
Keith Hernandez and Aristotle in similar reverence and can reference 
each with similar ease.
  At his core, though, Brian is incredibly grounded. He is all about 
the things that really matter--his Catholic faith, his two beautiful 
children, Stella and Max, and his wonderful wife Ashley. Ashley, I am 
happy to say, is due with their third child next month--just in time 
for Mother's Day. So Brian has a lot to look forward to as he climbs 
the next mountain. I hope he takes some time to look back and reflect 
on all he has accomplished here in his time with us.
  Let me say again that Brian McGuire, on so many different occasions, 
has made me look so much better than I am. I could never thank him 
enough for the enormous contribution he made not only to my career but 
to Kentucky and to the Nation. So it won't surprise my colleagues to 
know I am going to miss Brian McGuire a lot.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Mr. President, I rise today in support of the nomination 
of Rod J. Rosenstein to be the Deputy Attorney General of the United 
States at the Justice Department. Rod has served the people of Maryland 
extraordinarily well since 2005 as the U.S. attorney for the District 
of Maryland. I am pleased to support his nomination, and I hope the 
Senate will confirm him in very short order.
  I might point out that he received a favorable recommendation from 
the Judiciary Committee by a lopsided vote of 19-to-1.
  Rod Rosenstein is the total package. He has committed his life to 
public service. Rod graduated from the Wharton School of the University 
of Pennsylvania with a B.S. in economics, summa cum laude, in 1986. He 
earned his J.D. degree from Harvard Law School in 1989, where he was 
the editor of the Harvard Law Review. He then served as a law clerk to 
Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the District 
of Columbia Circuit. After finishing his clerkship in 1990, he became a 
trial attorney in the Public Integrity Section of the Criminal Division 
of the Department of Justice. He has remained at the Justice Department 
for his entire career.
  Mr. Rosenstein has devoted his life to public service. In Maryland, 
Rod was appointed in 2005 by President Bush and then held over by 
President Obama, with the strong support of his two home State 
Senators, which include myself and the senior Senator at that time, 
Senator Barbara Mikulski. Rod has now become the longest serving U.S. 
attorney in the country today.
  I really want to underscore that point. I know my colleagues know the 
prerogatives we have when we come into office and there is an opening 
at the U.S. attorney's office because of an election of a President 
from your own party where the previous U.S. attorney was appointed by 
the other party. In this case, it was a Republican who appointed Mr. 
Rosenstein. President Obama came into office, and the senior Senator 
and junior Senator had the opportunity to replace that U.S. attorney, 
which has been the tradition in the Senate. Senator Mikulski and I had 
no hesitation when asking Mr. Rosenstein to remain on as the U.S. 
attorney in Maryland. We did that because we knew how valuable he was 
for law enforcement in our State.
  As U.S. attorney for the District of Maryland, Rod has garnered broad 
bipartisan support from the State and local law enforcement officials 
across our great State as he has tackled problems of crime, terrorism, 
drug trafficking, gun and gang violence, civil rights enforcement, 
environmental crimes, intellectual property fraud, and corruption. I 
just mentioned a couple of those.
  I sat down with the U.S. attorney to talk about gang violence in our 
State because I had been to Central America and I saw the exporting of 
gang violence from Central America to Maryland. The U.S. attorney, Mr. 
Rosenstein, and I had a chance to talk about

[[Page S2512]]

the strategies we would use in Maryland to combat that. But he didn't 
just work by himself at the U.S. attorney level; he worked with local 
law enforcement to make sure we had a team approach.
  In terms of his pro bono work, Rod wrote in his Judiciary Committee 
questionnaire:

       My entire legal career has been devoted to public service, 
     and much of my work directly benefits disadvantaged persons. 
     In addition to my official duties and public speaking, I have 
     taught without compensation at area law schools, served as a 
     judge at law school moot court and mock trial competitions, 
     and counseled other lawyers who have devoted some or all of 
     their career to public service.

  He has truly been a model for many others in public service, a real 
role model.
  Let me share a few examples with my colleagues of how State and local 
officials in Maryland have viewed Rod's work over the past decade. Let 
me begin with the city of Baltimore, which has just entered into a 
consent decree with the U.S. Department of Justice to reform its police 
practices after the death of Freddie Gray in custody 2 years ago.
  Baltimore police commissioner Kevin Davis wrote:

       Mr. Rosenstein and the Baltimore Police Department have 
     collaborated on numerous large-scale investigations and 
     resulting indictments of violent criminal organizations 
     operating in Baltimore City. Under Mr. Rosenstein's 
     leadership, the U.S. Attorney's Office and its prosecutors 
     operate with the highest sense of justice and integrity in 
     the course of these investigations and trials.

  Commissioner Davis continues:

       It is undeniable that Baltimore City is a safer place as a 
     result of Mr. Rosenstein's tenure as U.S. Attorney. Through 
     our professional collaborations, I have come to know Mr. 
     Rosenstein on a personal basis as well. Mr. Rosenstein is a 
     man of utmost character and intellect.

  Former State's attorney for Baltimore City, Gregg Bernstein, a 
Democrat, wrote:

       Simply stated, Rod was a terrific partner. Even a cursory 
     review of his body of work as the United States Attorney for 
     the District of Maryland makes readily apparent that Rod was 
     committed to reducing the level of violent crime in 
     Baltimore. His commitment and effort trickled down to other 
     law enforcement agencies as well, including the Baltimore 
     City State's Attorney's Office.
       In Rod, we saw a person who was not interested in personal 
     credit or accolade, but instead, one who created an 
     atmosphere of collaboration that had not been seen in 
     Baltimore for some time. It was much more important to him 
     that everyone was working as hard as they could to fight 
     crime in the City and the rest of Maryland.

  Mr. Bernstein continues:

       As a result of his tireless efforts, Rod helped to reduce 
     the homicide rate in Baltimore to historically low levels not 
     seen in decades. He also was responsible for supervising a 
     United States Attorney's Office that was able to dismantle 
     many of the gangs in Baltimore that were responsible for much 
     of the illegal drug trade and violence that have plagued the 
     City. He has earned the universal respect and admiration of 
     not only his colleagues in the United States Attorney's 
     Office, but other law enforcement agencies, and a debt of 
     gratitude from the public that has greatly appreciated his 
     work to make Baltimore a safer place to live and work.

  State and local elected prosecutors of both political parties in 
Maryland have also weighed in in support of Mr. Rosenstein's 
nomination. Scott Shellenberger, the Baltimore County State's attorney, 
wrote on behalf of the Maryland State's Attorneys' Association:

       Rod has been an outstanding partner with every local 
     prosecutor in the State of Maryland. Whether it is partnering 
     with prosecutors in the City of Baltimore to stem gun 
     violence, to the prosecution of prison gang corruption both 
     in the city and in rural counties . . . Rod has always been 
     there for law enforcement. When prosecutors in this State ask 
     Rod for assistance, he does not care if you are a ``D'' or an 
     ``R,'' he has only cared about making this State a safer 
     place. Rod makes his decisions based on the law, the 
     evidence, logic and reasons, never allowing emotion or 
     passion to move him from his core mission.

  I have full confidence that Rod will call it like he sees it without 
regard to partisan or political considerations and that he will 
continue to uphold his oath to support and defend the Constitution and 
laws of the United States.
  I must tell you that I have heard from State and local officials 
directly who have worked with Rod on political corruption cases and 
thanked Rod for the manner in which he collaboratively worked to root 
out corruption and misconduct by State and local officials in Maryland. 
As you can imagine, State and local officials do not always welcome 
Federal investigations or prosecutions into their domain, so this 
really speaks volumes about Rod as a prosecutor and a person and his 
ability to get along and accomplish results.
  Former Maryland attorney general Doug Gansler wrote:

       I have always found [Rod] to be totally by-the-book and 
     completely apolitical. Rod understands the importance of 
     staying out of the political limelight. The fact that I am a 
     Democrat who served in elected office for 16 years and that 
     Rod was appointed by a Republican President never was 
     mentioned. He makes decisions for the right reasons and 
     articulates those reasons with aplomb. . . . Rod is and 
     always has been extremely ethical and conscientious, 
     qualities which have earned him the respect of his peers and 
     colleagues.

  As Deputy Attorney General, Rod Rosenstein would basically serve as 
the chief operating officer at the Justice Department and manage the 
daily operations of the Nation's largest firm. The Department of 
Justice is a sprawling Cabinet Department with more than 100,000 
employees and a $28 billion budget. That is a pretty big undertaking. 
It is good to know that a person of his reputation has shown that he 
will not yield to partisan pressure but do what is right. It is good to 
know that we have that type of person whom we can confirm as the Deputy 
Attorney General. That is why it is so important that we have an 
effective manager and leader.
  Maryland attorney general Brian Frosh, a Democrat, wrote:

       I have found [Rod] to be intelligent, principled, and fair. 
     As U.S. Attorney, Mr. Rosenstein has been an exemplary 
     leader. He inherited an office that was in turmoil. With a 
     steady hand and superb management, he has built it into an 
     institution that is universally respected in our state. He 
     has been able to recruit and retain extremely talented 
     attorneys, investigators and staff, and the office has been 
     effective and successful in carrying out its mission.

  I expect Rod to exercise the same management style as the Deputy 
Attorney General overseeing the dozens of divisions, offices, and 
agencies at the Department of Justice. He will use that same commitment 
that he used as the U.S. attorney for the State of Maryland.
  Lastly, let me quote from former Deputy Attorney General James Cole, 
who served in President Obama's administration under Attorney General 
Holder. I know Mr. Cole well. He was the special counsel during the 
House ethics investigation of former Speaker Newt Gingrich, which 
committee I was on. Mr. Cole supports Mr. Rosenstein's nomination. Mr. 
Cole writes:

       Rod brings with him the knowledge, skill, experience, and 
     wisdom that is required for this job. He also brings an 
     understanding of, and respect for, the important role the 
     Department of Justice occupies in our government--the need 
     for it to not only enforce the laws, but to also maintain a 
     level of independence that enables it to have credibility in 
     the eyes of our citizens. Rod will make an excellent Deputy 
     Attorney General. . . . Even at an earlier age, he exhibited 
     the sound judgment and careful thought that was necessary to 
     handle the very sensitive public corruption cases that were 
     prosecuted by the [Public Integrity Section of the Criminal 
     Division].

  That is Mr. Cole. Mr. Cole was a former Deputy Attorney General, and 
he understands this role very well and understands Mr. Rosenstein is 
uniquely qualified to hold this position.
  I want to conclude by urging my colleagues to support Mr. 
Rosenstein's nomination.
  I especially thank Rod's family for their contribution to public 
service as well. As we know, we can't do this without a supportive 
family, and this service comes at a steep price in terms of time spent 
doing public service and sacrifices made by his family. I thank his 
wife Lisa and his daughters, Julie and Allison, for being willing to 
share their husband and father with our country.
  I urge the Senate to confirm Mr. Rosenstein's nomination to be the 
next Deputy Attorney General of the United States at the Justice 
Department.
  Mr. LEAHY. Mr. President, Rod Rosenstein's nomination to be Deputy 
Attorney General comes at a unique moment in history and critical 
juncture for the Department of Justice, as well as for this country. It 
has been 44 years since the Senate considered a Justice Department 
nominee who will be in charge of an active criminal investigation into 
a sitting President's

[[Page S2513]]

campaign and administration. Since the Judiciary Committee reported Mr. 
Rosenstein's nomination to the Senate earlier this month, further press 
reports underscore how important it is that we have an independent and 
impartial investigation into Russian interference in our elections and 
connections with the Trump campaign and administration.
  In just the past 3 weeks, we learned that a notable Trump campaign 
adviser was reportedly the subject of a FISA warrant. CNN reported that 
this adviser was among those who ``Russian operatives tried to use . . 
. to infiltrate the Trump campaign.'' The AP reported that Paul 
Manafort, who worked for free as the Trump campaign chairman, 
previously received at least $1.2 million for consulting work on behalf 
of a Ukrainian ally of Russian President Putin. That is in addition to 
reports that Mr. Manafort earned $10 million per year for secret work 
on behalf of Vladimir Putin. We learned that President Trump's first 
National Security Advisor ``failed to list payments from Russia-linked 
entities'' on his financial disclosure forms. We also learned that the 
President's son-in-law and top adviser failed to disclose meetings with 
the Russian Ambassador and other officials on his application to obtain 
top secret security clearance--just like when the Attorney General 
provided false testimony before the Senate Judiciary Committee in 
response to questions from me and Senator Franken about his own Russian 
contacts.
  If confirmed, Mr. Rosenstein will assume leadership of the sprawling 
investigation into Russia's multifaceted attempts to interfere with our 
elections, an investigation that embroils not only individuals in the 
Trump campaign, but also those who are now in the President's Cabinet 
and senior officials in the White House. Attorney General Sessions was 
forced to recuse himself from this investigation after the press 
revealed that he had misled the Judiciary Committee and the American 
people about his connections to Russian officials and agents. There is 
no question that the Attorney General's recusal was required--and 
should have happened on day 1 after assuming office. Justice Department 
regulations required him to recuse himself because of the integral role 
that then-Senator Sessions played in the Trump campaign and his 
continuing contacts with those directly under investigation. These 
Department of Justice regulations protect the impartiality of all 
Justice Department investigations.
  The Justice Department's regulations regarding appointment of a 
special counsel are equally significant. These regulations direct 
appointment of a special counsel when there is ``a conflict of interest 
for the Department or other extraordinary circumstances'' and ``it 
would be in the public interest to appoint an outside Special Counsel 
to assume responsibility for the matter.'' The current situation 
unquestionably meets that standard. Mr. Rosenstein acknowledged at his 
confirmation hearing that it would be an unusual challenge to lead an 
investigation that potentially includes the Attorney General, his 
direct supervisor. This investigation now not only includes Mr. 
Rosenstein's potential boss, but also several others inside the White 
House. Americans deserve an investigation that is independent and 
inspires public confidence, and that requires appointment of a special 
counsel who is free from political influence. This issue is too 
important for us to skew for partisan motivations. Country must come 
before party, and I hope and trust Mr. Rosenstein will understand that 
if he is confirmed.
  We know that this administration and this President have already 
interfered with the House Intelligence Committee's investigation into 
Russian activity and connections to the Trump campaign. Devin Nunes, 
the chairman of the House Intelligence Committee, recused himself from 
his own committee's investigation after what Ryan Lizza of the New 
Yorker called a ``coordinated effort between the Trump Administration 
and [Chairman] Nunes . . . to manufacture a fake scandal'' in order to 
distract from, as well as obstruct, any real investigation. Earlier 
this month, President Trump even said that ``it's not too late'' to 
fire FBI Director Comey. This administration cannot be trusted to 
respect the independence of any investigation, which is why we need an 
outside special counsel. Whoever assumes the role of Deputy Attorney 
General in this administration will face extraordinary tests of 
integrity. Mr. Rosenstein has a reputation for integrity that is 
unusual for this administration's nominees, and I hope he is up to the 
challenge.
  We already know from the intelligence community's public report that 
Russian President Putin waged a multifaceted influence campaign to 
delegitimize Secretary Clinton and help Donald Trump win the 
Presidency. Worse, he intended to undermine public faith in our 
democratic process. This interference did not end on November 8th. It 
is ongoing and, according to the intelligence community, President 
Putin will continue using cyberattacks and propaganda campaigns to 
undermine our future elections--but there is still much we do not know.
  We need a thorough, independent investigation. President Putin's goal 
last year was to undermine our democratic institutions--to corrode 
Americans' trust and faith in our government. If we do not get to the 
bottom of Russian interference, he will have been successful, and he 
will no doubt do it again. I hope that Mr. Rosenstein will do the right 
thing and appoint a special counsel to lead a truly independent 
investigation--one in which all Americans can have confidence.
  If confirmed, Mr. Rosenstein will face other critical tests as well, 
including whether he will continue to support the Justice Department's 
Smart on Crime initiative, focusing the most serious criminal penalties 
on the most serious offenders. With his 27 years of experience in the 
Justice Department, I hope that Mr. Rosenstein will be an independent 
check on the excesses of this administration, which has already sought 
to undermine the principle of judicial review. He has served as U.S. 
Attorney under both Democratic and Republican administrations, so I 
hope that, as Deputy Attorney General and as Acting Attorney General in 
matters relating to the Trump campaign, he will remember that he is not 
the President's attorney, but the people's attorney.
  Mr. CARDIN. Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Delaware.