[Congressional Record Volume 167, Number 108 (Tuesday, June 22, 2021)]
[Senate]
[Page S4692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   NOMINATION OF KENNETH ALLEN POLITE

  Mr. GRASSLEY. Madam President, I intend to object to any unanimous 
consent request relating to the nomination of Kenneth Allen Polite to 
be an Assistant Attorney General at the Department of Justice, PN423.
  Last week, at the Senate Judiciary Committee's Executive Business 
Meeting, I noted my intent to object to Mr. Polite's confirmation not 
on the basis of his credentials--I happen to find him well qualified 
for the position--but on the basis of the Justice Department's failure 
to respond to congressional oversight requests.
  To date, the Justice Department has failed to provide a full and 
complete response to any of my oversight requests.
  As one of many examples, on February 3, 2021, and March 9, 2021, 
Senator Johnson and I requested information from the Justice Department 
relating to Nicholas McQuaid. Mr. McQuaid is Acting Assistant Attorney 
General for the Criminal Division, the position Mr. Polite will hold 
upon confirmation. In those letters, we raised concerns about potential 
conflicts of interest in light of the fact that Mr. McQuaid was 
employed at Latham & Watkins until January 20, 2021, and worked with 
Christopher Clark, whom Hunter Biden reportedly hired to work on his 
Federal criminal case.
  This arrangement presents a potential conflict of interest. A core 
function of congressional oversight is to ensure that governmental 
Departments and Agencies are free of conflicts of interest. That is 
especially so with the Justice Department and FBI. If conflicts infect 
them, those investigations and prosecutions--the very purpose of the 
Department's existence--could be undermined.
  As a part of my oversight, I have requested a recusal memo for Mr. 
McQuaid. I have also requested to know, as a threshold issue, whether 
one even exists.
  Attorney General Garland has failed to answer and provide the 
requested records. I have noted to the Department that in 2016 I 
received from the Department Andrew McCabe's recusal memo to illustrate 
precedent exists for such a production to Congress. Still, the Justice 
Department refuses to provide the same for Mr. McQuaid.
  There is nothing more eroding of public faith than an unresponsive 
executive branch that believes it only answers to the President and not 
the U.S. Congress and, perhaps most importantly, ``we the people.''
  This administration's continued ongoing and blatant lack of 
cooperation has forced my hand. Thus, unfortunately, I must object to 
any consideration of this nomination. My objection is not intended to 
question the credentials of Mr. Polite in any way. The executive branch 
must recognize that it has an ongoing obligation to respond to 
congressional inquiries in a timely and reasonable manner.

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