Congressional Record (Bound Edition), Volume 154 (2008), Part 10

[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[Senate]
[Pages 13312-13313]
[From the U.S. Government Publishing Office, www.gpo.gov]

NOMINATION OF MICHAEL E. O'NEILL

Mr. SPECTER. Mr. President, I now ask consent that my next remarks be
labeled nomination of Michael E. O'Neill for the United States District
Court for the District of Columbia.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. SPECTER. I am pleased to submit my very strong recommendation to
my colleagues to confirm the nomination of Michael E. O'Neill for the
District Court for the District of Columbia. The President submitted
his name last Thursday. I had tried to come to the floor to speak at
that time but could not do so.
I am pleased to do so now. Michael O'Neill has an extraordinary
record. He graduated summa cum laude from Brigham Young University and
received his law degree from Yale Law School. He was editor of the
Articles and Book Reviews of the Yale Law Journal; and Articles Editor
of the Yale Journal on Regulation.
He served as a law clerk to Judge David Sentelle and clerked for the
Supreme Court of the United States for Justice Clarence Thomas.
I ask unanimous consent that his full resume be included in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

Michael E. O'Neill

United States District Court for the District of Columbia

Birth: 1962, Wisconsin.
Legal Residence: Maryland.
Education: B.A., summa cum laude, Brigham Young University,
1987; J.D., Yale Law School, 1990--Editor of Articles and
Book Reviews, Yale Law Journal; Articles Editor, Yale Journal
on Regulation.
Employment: Law Clerk, Honorable David B. Sentelle, United
States Circuit Judge for the District of Columbia Circuit,
1990-1991; Litigation Counsel, Honors Program, Appellate
Section, Criminal Division, U.S. Department of Justice, 1991-
1994; Special Assistant United States Attorney, United States
Attorney's Office for the District of Columbia, 1993; Special
Counsel, Detailee from Dept. of Justice, Senate Judiciary
Committee, Senator Orrin Hatch, 1994-1996; Law Clerk,
Honorable Clarence Thomas, United States Supreme Court, 1996-
1997; General Counsel, Senate Judiciary Committee, Senator
Orrin Hatch, 1997-1998; Associate Professor of Law, George
Mason University School of Law, 1998-present; Commissioner,
United States Sentencing Commission, 1999-2005; Chief Counsel
and Staff Director, Senate Judiciary Committee, 2005-2007.

Mr. SPECTER. It is especially worthwhile to have Mr. O'Neill
confirmed because of the example it sets for people who come to
undertake public service. Mr. O'Neill served on the Judiciary Committee
for a protracted period of time. When Senator Hatch was the Chairman,
he was special counsel from 1994 to 1996 and general counsel from 1997
to 1998, before he became associate professor of law at George Mason
University School of Law; and he served as chief counsel and staff
director for the 2 years I served as Chairman of the Judiciary
Committee.
I do not need a resume to tell people how competent he is and how
public spirited he is and what an outstanding Federal judge he would
make.
There have been quite a number of situations where people working on
the Judiciary Committee have gone on to Federal judgeships. I think it
is a very healthy thing to have that as a motivation to come for public
service. People have come to serve on the Judiciary Committee, leaving
jobs making half a million dollars or more for $100,000. The public
service is so important that it is exemplary to give them this
recognition to motivate our people to come to take these jobs.
One example I would note is Stephen Breyer, who was special counsel
and chief counsel to the Senate Judiciary Committee back in 1980 for
then-Chairman Ted Kennedy. Mr. Breyer was then appointed on the First
Circuit and is now on the Supreme Court of the United States.
I ask unanimous consent that this table be included in the Record
showing the movement of people who have served on the Judiciary
Committee and the jobs which they have taken in other Federal
positions.
There being no objection, the material was ordered to be printed in
the Record, as follows:

----------------------------------------------------------------------------------------------------------------
Previous Nomination Date Date
Name position(s) Senator position nominated confirmed
----------------------------------------------------------------------------------------------------------------
Beryl Howell.................. General Counsel, Leahy............ U.S. Sentencing 1/9/2007 2/28/2007
U.S. Senate Commission.
Judiciary
Committee.
Stephen Breyer................ Special Counsel, Kennedy.......... Judge, First 11/13/1980 12/9/1980
U.S. Senate Circuit.
Judiciary
Committee.
............................ ............... ............... (Breyer Later 5/17/1994 8/3/1994
Nominated)
Associate
Justice,
Supreme Court
\1\.
Paul D. Clement............... Chief Counsel, Ashcroft......... Solicitor 3/14/2005 6/8/2005
U.S. Senate General,
Judiciary Department of
Subcommittee on Justice.
the
Constitution,
Federalism and
Property Rights.
Sharon Prost.................. Chief Counsel.... Hatch............ Judge, U.S. 5/21/2001 9/21/2001
Court of
Appeals,
Federal Circuit.
Paul Redmond Michel........... Counsel/ Specter.......... Judge, U.S. 12/19/1987 2/29/1988
Administrative Court of
Assistant. Appeals,
Federal Circuit.
Randal Ray Rader.............. Chief Counsel, Hatch............ Judge, U.S. 6/12/1990 8/3/1990
Senate Judiciary Court of
Committee, Appeals,
Subcommittee on Federal Circuit.
the
Constitution,
1981-1986
Counsel to U.S.
Sen. Orrin G.
Hatch, 1981-1988
Chief Counsel/
Minority Staff
Director, Senate
Judiciary
Committee,
Subcommittee on
Patents,
Trademarks and
Copyrights, 1987-
1988.
Ralph K. Winter, Jr........... Consultant, U.S. Ervin............ Judge, Second 11/18/1981 12/9/1981
Senate Judiciary Circuit.
Committee,
Subcommittee on
Separation of
Powers (1968-
1972).
Emory Sneeden................. Chief Minority Thurmond......... Judge, Fourth 8/1/1984 10/4/1984
Counsel, U.S. Circuit.
Senate Judiciary
Subcommittee on
Antitrust and
Monopoly (1979-
1981).
Dennis W. Shedd............... Counsel.......... Thurmond......... Judge, District 10/17/1990 10/27/1990
of South
Carolina.
Judge, Fourth
Circuit.
(Shedd Later 5/9/2001 11/19/2002
Nominated)
Judge, Fourth
Circuit.
Edward J. Damich.............. Chief Hatch............ Judge, United 9/29/1998 10/21/1998
Intellectual States Court of
Property, Federal Claims.
Counsel for the
Senate Judiciary
Committee.
Lawrence Baskir............... Chief Counsel and Ervin............ Judge, United 1/7/1997 10/21/1998
Staff Director States Court of
to the Federal Claims.
Constitutional
Rights
Subcommittee of
the Senate
Judiciary
Committee.

[[Page 13313]]

Reed O'Connor................. Counsel, U.S. Hatch/Cornyn..... Judge, Northern 6/27/2007 11/16/2007
Senate Judiciary District of
Committee. Texas.
Terry Wooten.................. Chief Counsel, Thurmond......... Judge, District 6/18/2001 11/8/2001
U.S. Senate of South
Judiciary Carolina.
Committee.
Dee Vance Benson.............. Counsel, U.S. Hatch............ Judge, District 5/16/1991 9/12/1991
Senate Committee of Utah.
on the
Judiciary,
Subcommittee on
the
Constitution,
1984-1986 Chief
of staff, U.S.
Sen. Orrin
Hatch, 1986-1988.
Kristi DuBose................. Chief Counsel Sessions......... Judge, Southern 9/28/2005 12/21/2005
(1997-1999). District of
Alabama.
Henry Michael Herlong......... Legislative Thurmond......... Judge, District 4/9/1991 5/9/1991
Assistant. of South
Carolina.
Mary McLaughlin............... Chief Counsel, Specter.......... Judge, Eastern 3/9/2000 5/24/2000
Subcommittee on District of
Terrorism, Pennsylvania.
Technology and
Government,
Committee on the
Judiciary (1995).
Patti Saris................... Staff Counsel, Kennedy.......... Judge, District 10/27/1993 11/20/1993
U.S. Senate of
Judiciary Massachusetts.
Committee, 1979-
1981.
Nora M. Manella............... Counsel to the Tunney........... Judge, Central 3/31/1998 10/21/1998
Subcommittee on District of
the Constitution California.
of the U.S.
Senate Judiciary
Committee (1976-
1978).
Brett Tolman.................. Counsel.......... Specter.......... U.S. Attorney, 6/9/2006 7/21/2006
District of
Utah.
William Walter Wilkins........ Legal Assistant.. Thurmond......... U.S. Attorney, 5/7/2008 6/4/2008
District of
South Carolina.
Bennett William Raley......... Chief Counsel, Brown............ Assistant 5/24/2001 7/12/2001
U.S. Senate Secretary of
Judiciary the Interior
Subcommittee on for Water and
the Science.
Constitution,
Federalism and
Property Rights
(1995).
Anthony Lowe.................. Senior DeWine........... Federal 3/22/2002 7/25/2002
Legislative Insurance
Counsel, U.S. Administrator,
Senate Judiciary Federal
Subcommittee on Emergency
Antitrust, Management
Competition and Agency.
Business Rights.
Lee Sarah Liberman Otis....... Chief Counsel, Hatch............ General Counsel, 4/25/2001 5/24/2001
U.S. Senate Department of
Judiciary Energy.
Subcommittee on
Immigration.
Jon D. Leibowitz.............. Chief Counsel and Kohl/Simon....... Commissioner, 9/10/2004 11/21/2004
Staff Director, Federal Trade
U.S. Senate Commission.
Judiciary
Subcommittee on
Antitrust,
Business Rights
and Competition.
Ray Kethledge................. Counsel.......... Abraham.......... Judge, Sixth 3/19/2007 pending
Circuit.
----------------------------------------------------------------------------------------------------------------
\1\ Stephen Breyer's nomination was particularly remarkable because he was nominated by President Carter on
November 13, 1980, after Carter had lost the election to Ronald Reagan. Senate Democrats, who had just lost
control of the Senate, held a swift confirmation vote on Breyer during a lame duck session on December 9,
1980.

Mr. SPECTER. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Cardin). The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Madam President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER (Ms. Stabenow). Without objection, it is so
ordered.

____________________