[Congressional Record (Bound Edition), Volume 152 (2006), Part 9]
[Senate]
[Pages 12445-12446]
[From the U.S. Government Publishing Office, www.gpo.gov]




 NOMINATION OF FRANK D. WHITNEY TO BE UNITED STATES DISTRICT JUDGE FOR 
                 THE WESTERN DISTRICT OF NORTH CAROLINA

  The PRESIDING OFFICER. The clerk will report the next nomination.
  The legislative clerk read the nomination of Frank D. Whitney, of 
North Carolina, to be United States District Judge for the Western 
District of North Carolina.
  Mrs. DOLE. Mr. President, I am speaking today to offer my 
unconditional support for the nomination of Frank DeArmon Whitney to 
serve as a U.S. district judge in the Western District of North 
Carolina. Mr. Whitney has an impressive record of accomplishment and 
achievement, and he will make an outstanding judge.
  Frank Whitney has deep roots in North Carolina and in public service. 
He attended Wake Forest University and the business and law schools at 
the University of North Carolina at Chapel Hill. After receiving his 
law degree with honors, Frank clerked on the prestigious U.S. Court of 
Appeals for the District of Columbia Circuit for the Honorable David 
Sentelle.
  Upon completing his clerkship and a year in private legal practice, 
Frank returned to North Carolina and dedicated himself to public 
service. For nearly 11 years, he served as an assistant U.S. attorney 
for the Western District of North Carolina, where he acquired 
substantial trial experience--both criminal and civil--and earned the 
abiding respect of his colleagues and peers.
  In 2002, Frank was elevated to the post of U.S. attorney for the 
Eastern District of North Carolina. As a result of his leadership, 
energy, and enthusiasm, the Eastern District has experienced a period 
of robust and resounding success. Among his many accomplishments, Frank 
Whitney has supervised what has been called the most successful public 
corruption prosecution in North Carolina history. He also has helped 
prepare Iraqis for the process of drafting a constitution and 
establishing a judicial system. He has even recovered North Carolina's 
original copy of the U.S. Bill of Rights, which was stolen from the 
State capitol in 1865.
  His performance as U.S. attorney has elicited high praise. The 
Raleigh News & Observer credited Frank Whitney for awakening elected 
officials to the ``importance of ethics in government,'' and the 
newspaper attributed his incredible success to his ``restless mental 
and physical energy'' and ``Boy Scout idealism.'' Others who have had 
the opportunity to observe Frank's work have described him as 
determined, yet fair.
  Those who know Frank best--including those who have worked for him in 
the U.S. Attorney's Office--are effusive in their support for his 
nomination. One of Frank's colleagues made the following assessment: 
``Frank is personable and gracious, yet knows the law and seeks 
justice. He has an abiding love for our country and is deeply committed 
to the principles that have made it great. He appreciates the historic 
separation of powers and understands judicial self-restraint. Frank 
possesses vast legal knowledge and demonstrates admirable judicial 
temperament.'' This description is consistent with everything that I 
know about Frank Whitney, and I submit to my colleagues that this is 
precisely the type of person we need on our Federal courts.
  There is another component of Frank's career that I must commend. 
That is his impressive record of military service, which began during 
his collegiate days at Wake Forest, where he participated in ROTC. 
Frank is presently a lieutenant colonel in the U.S. Army Reserve, and 
has worked as an intelligence officer and as a judge advocate. He has 
been awarded numerous military honors, including a Parachutist's Badge 
and three Meritorious Service Medals. Frank Whitney truly has dedicated 
his life to serving his country--as a civilian and as a soldier.
  Frank comes to the Senate floor with impeccable credentials and with 
the unanimous approval of the Senate Judiciary Committee. I am 
confident that he will serve with great distinction as a member of the 
Federal judiciary, and it is my great privilege to give him my 
strongest endorsement. I implore my colleagues to confirm him.
  Mr. BURR. Mr. President, today, I rise in support of a highly 
qualified individual to be confirmed to the Federal bench--Frank 
Whitney to be a U.S. district court judge in the Western District of 
North Carolina.
  President Bush nominated Frank Whitney on February 14, 2006. Frank 
has impressive academic and professional credentials: He is currently a 
U.S. attorney in my home State of North Carolina; he has practiced in 
two very distinguished law firms; he was an assistant U.S. attorney in 
North Carolina for several years; he clerked for the DC Circuit Court 
of Appeals; he graduated with honors from law school at the University 
of North Carolina where he also received his MBA; and he graduated Phi 
Beta Kappa from my alma mater of Wake Forest University.
  But perhaps one of the most honorable characteristics of Frank 
Whitney is that he has done all of this while serving his country in 
the military. Frank continues his service in the Army Reserve both as 
an intelligence officer and as a judge advocate. He is a former 
paratrooper, has received three Meritorious Service Medals, and 
recently was selected for promotion to lieutenant colonel.
  As I mentioned in my testimony to the Judiciary Committee and what I 
want to mention about Frank here today is that Frank is a good man. I 
have had the pleasure of meeting Frank's family--his wife Catherine, 
and one of his daughters.
  Personally, as a husband and as a father, I want to feel confident 
that the individuals we confirm to a lifetime appointment on the 
Federal bench understand the seriousness and significance of the job 
for which they are being considered.
  I am confident that Frank does understand the importance of being a 
Federal judge. I know Frank is qualified to serve on the bench, and I 
am confident that Frank will continue to serve his Nation with honor 
and dignity. I believe Frank will continue to make his family proud, 
and I am confident that North Carolina will have one of the best 
Federal judges in the country in Frank Whitney.
  Frank Whitney possesses qualities necessary to serve as a U.S. 
district court judge. He is fairminded, evenhanded, and treats all with 
respect. He has repeatedly demonstrated a commitment to public service 
and a spirit of impartiality and cooperation. I believe Frank Whitney's 
honesty, integrity, and intelligence have earned him strong bipartisan 
support and he will continue to proudly serve as a representative of 
our country.

[[Page 12446]]

  I thank my colleagues for supporting the nomination of Frank Whitney 
to be the next U.S. district court judge for the Western District of 
North Carolina.
  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Frank D. Whitney, of North Carolina, to be 
United States District Judge for the Western District of North 
Carolina?
  The nomination was confirmed.

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