[Congressional Record Volume 163, Number 71 (Wednesday, April 26, 2017)]
[Senate]
[Pages S2547-S2548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      NOMINATION OF ROD ROSENSTEIN

  Mr. BOOKER. Mr. President, today I wish to speak about my vote 
yesterday on the nomination of Rod Rosenstein to be Deputy Attorney 
General at the U.S. Department of Justice. I voted no on his nomination 
not because I think he is unqualified or because I think he is unfit 
for the job. He is neither of those things. Rather, I opposed his 
nomination because of the troubling actions the Justice Department is 
taking on criminal justice, civil rights, and immigration issues and 
because I firmly believe a special prosecutor is needed to investigate 
Russian interference in the 2016 Presidential election.
  Since taking over as our Nation's top law enforcement official, 
Attorney General Sessions has indicated he wishes to roll back certain 
actions taken during the Obama administration. For instance, Attorney 
General Sessions is considering changes to existing Justice Department 
drug charging policies. I am concerned he will direct Federal 
prosecutors to increase the use of mandatory minimum penalties in low-
level, nonviolent drug cases. Since 1980, our Federal prison population 
has increased by nearly 800 percent in large part because of the failed 
war on drugs and the use of mandatory minimums. Increasing the 
utilization of mandatory minimums will not make us safer or fix our 
broken criminal justice system. To the contrary, it will come at great 
cost--not only to American taxpayers, but to public safety, to 
families, and to confidence in our justice system. As Deputy Attorney 
General, Mr. Rosenstein will play a critical role in enacting those 
changes to existing charging policies.
  Attorney General Sessions also recently indicated that the Justice 
Department may reverse its policy on the use of consent decrees to 
combat civil rights abuses by law enforcement when they occur. He has 
consistently criticized the use of consent decrees, and in his first 
major speech as Attorney General, he vowed to ``pull back'' on Federal 
suits against State and local police departments for civil rights 
abuses. There is no doubt that America's law enforcement community 
deserves our utmost respect and protection. These brave women and men 
have answered the call to serve and the vast majority of them serve 
with integrity. However, the Justice Department plays a critical role 
in assisting police departments struggling to combat systemic practices 
that unfairly target

[[Page S2548]]

minorities. Scaling back on the use of consent decrees means civil 
rights violations may not be remedied. As Deputy Attorney General, Mr. 
Rosenstein will play a critical role in reversing course on the use of 
consent decrees.
  Finally, the pending investigation into Russian interference in the 
2016 Presidential election has caused deep concern and anxiety for many 
Americans. We owe it to the public to conduct an investigation that is 
beyond reproach and ensure that every person, regardless of their 
political affiliation, has confidence in the results no matter what 
they are. While Mr. Rosenstein is undoubtedly a man of integrity, such 
an investigation can only be conducted by an independent, special 
prosecutor. It concerns me that, in his confirmation hearing, Mr. 
Rosenstein would not commit to appointing such a person.
  Mr. Rosenstein has served his country with honor and distinction. He 
is well respected on both sides of the aisle. In most circumstances, I 
believe I would have supported his nomination. However, the disturbing 
agenda on civil and human rights of the Trump administration and the 
actions Attorney General Sessions continues to advance at the Justice 
Department and Mr. Rosenstein's responses to questions regarding this 
agenda at his confirmation hearing leave me deeply troubled about the 
role he will play as the second highest ranking individual at the 
Department. For those reasons, I voted no on his nomination to be 
Deputy Attorney General.
  Mr. VAN HOLLEN. Mr. President, I supported Rod Rosenstein's 
nomination to become Deputy Attorney General. Throughout his 27-year 
career, Mr. Rosenstein has earned a reputation as a fair and focused 
administrator of justice. He has served in Maryland in both Republican 
and Democratic administrations and has earned the distinction of being 
the longest serving U.S. attorney in the country.
  I had the honor to introduce Mr. Rosenstein to the Senate Judiciary 
Committee at his confirmation hearing. He has aggressively prosecuted 
not only dangerous gangs and criminals in Maryland but also elected 
officials who violated the people's trust. He has shown impartiality in 
these investigations, and his successful prosecutions have led to 
ethics reforms that increased transparency and public confidence in 
Maryland.
  When Mr. Rosenstein and I met recently, I asked him if he supported 
the consent decree negotiated between the Obama administration and the 
city of Baltimore. He assured me that, if the court formally entered 
the consent decree, he would support its implementation. Attorney 
General Sessions, however, has frequently expressed skepticism about 
consent decrees. Baltimore is the only city to invite the Justice 
Department to conduct a thorough, methodical analysis of its police 
department in order to foster transparency and increase trust between 
police officers and Baltimore city residents. As the former U.S. 
attorney in Maryland, Mr. Rosenstein is well acquainted with the 
challenges that the city faces. He has prosecuted corruption charges 
against Baltimore city police officers and should recognize the 
importance of reform and effective community policing. I trust Mr. 
Rosenstein will keep his promise to support the consent decree.
  In addition to being a top-notch lawyer, Mr. Rosenstein is known for 
the professional manner in which he runs his current office. In his 
letter of support, Maryland's Attorney General Brian Frosh notes that 
Mr. Rosenstein ``inherited an office in turmoil'' when he became 
Maryland's U.S. attorney, but with a ``steady hand and superb 
management,'' created a department that is now universally respected. 
Those skills will be put to the test immediately. Mr. Rosenstein will 
assume the office of Deputy Attorney General at a tumultuous time for 
the Justice Department. His job will be to serve justice, not political 
leaders.
  As Mr. Rosenstein and I discussed, the question for him is the same 
that then-Senator Sessions posed to Sally Yates during her hearing to 
become Deputy Attorney General. Senator Sessions said: ``You have to 
watch out because people will be asking you to do things you just need 
to say no about.'' Senator Sessions then asked: ``Do you think the 
Attorney General has the responsibility to say no to the President if 
he asks for something that's improper?'' Like Sally Yates, Mr. 
Rosenstein said that he would be willing to put his job on the line to 
uphold the integrity of the Department of Justice.
  I believe that any investigation into the ties between the Trump 
administration and Russian interference in our elections will require 
the appointment of an independent special counsel, and I have also 
joined my fellow Senators in calling for a nonpartisan commission.
  I also made clear to Mr. Rosenstein that, if the FBI Director did, in 
fact, request that the Justice Department deny President Trump's 
unsubstantiated claims that the Obama administration wiretapped Trump 
Tower, then the Justice Department has a duty to immediately let the 
public know the truth.
  It is vitally important that the American public have faith that our 
laws apply equally to all Americans, regardless of rank or position. 
Rod Rosenstein has applied that principle faithfully during his time as 
U.S. attorney in Maryland. It is essential that he apply the same 
principle at the Department of Justice.

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