[Congressional Record (Bound Edition), Volume 155 (2009), Part 12]
[Senate]
[Pages 16282-16285]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    NOMINATION OF JULIUS GENACHOWSKI

  Mr. DeMINT. Mr. President, I would like to speak for a moment about a 
pending nomination that is not necessarily the topic of dinner table 
conversations around the country, but is nonetheless very important in 
all our daily lives. I am speaking of the Chairman of the Federal 
Communications Commission, the FCC.
  Wireless phones, cable, and satellite television, Internet services, 
and local television and radio are a part of everyone's daily lives in 
one way or another. And while we may all have a customer service issue 
from time to time, for the most part these industries and the products 
they offer are a showcase of the freedom and innovation that has made 
America the most dynamic economy and society in the world's history.
  We have seen these innovations in dramatic ways in recent days with 
Twitter reporting, YouTube videos, and mobile updates from the streets 
of Iran. Of course, the most important element of this new technology 
is that it gives an unprecedented power to individuals to speak about 
and share their personal experiences--everyone is empowered and the 
individual controls the message.
  This is very important as it changes the media paradigm we have known 
for a generation. We often hear the terms ``old'' and ``new'' media. It 
is more accurate to say ``centralized'' and ``personalized'' media. Not 
long ago, the average American had access to only a handful of radio 
and television programming, a local newspaper, no Internet, no mobile 
telephone service, no texting, and certainly no mobile broadband. In 
other words, the average person had far less access to information than 
today, and from far more centralized sources.
  The changing communications landscape calls for a knowledgeable and 
forward-looking FCC; not one looking to regulatory structures of the 
past that will hamstring future growth and innovation. The President 
has nominated Julius Genachowski to be Chairman of the FCC. While I 
believe he is very knowledgeable about today's communications 
landscape, I am afraid he may have tendencies to direct the development 
of our private communications industries, particularly broadcast media, 
with an eye towards the past.
  Many of my colleagues have chosen to give Mr. Genachowski the benefit 
of the doubt, and are supporting his nomination. I believe he has 
enough votes to be confirmed as FCC Chairman. While I remain concerned 
that Mr. Genachowski will take us backward, towards more government 
control of media, more government interference in commerce, and, 
unfortunately, more government control of media content--I will not 
prevent his nomination from proceeding.
  I will, however, be vigilant in the weeks and months ahead and will 
fight any effort that even appears to have the effect of limiting or 
mandating political speech on the airwaves. Mr. Genachowski has said 
that, under his guidance, any rules that the Commission considers would 
be through ``processes that are open, transparent, fair, and driven by 
facts about the industry and the marketplace.'' I hope this is true and 
promise to hold him to his commitments.


          Nomination of Robert S. Litt and Stephen W. Preston

  Mrs. FEINSTEIN. Mr. President, I rise today to support the 
confirmation of Robert S. Litt to be the second general counsel of the 
Office of the Director of National Intelligence. I also rise

[[Page 16283]]

in support of the confirmation of Stephen W. Preston as general counsel 
of the Central Intelligence Agency, to fill the vacancy in that office 
that has existed since 2004. President Obama's decision to place these 
distinguished lawyers at the helms of these vitally important legal 
offices is an essential step in ensuring that the intelligence 
community operates within the rule of law.
  On June 11, the Select Committee on Intelligence, which I am 
privileged to chair, favorably reported the nominations by a bipartisan 
14-1 vote. The committee's support of the nominees is based on an 
extensive public record. We questioned them at an open hearing on May 
21. That day we also placed on our website their responses to our 
questionnaire for presidential nominees and to additional prehearing 
questions about the offices for which they have been nominated.
  On June 5, we placed on our website their responses to a further, 
extensive round of posthearing questions. We also examined financial 
information that is available to the public through the Office of 
Government Ethics and confidential communications to the committee from 
the nominees that supplement their public answers about how they will 
approach potential conflicts relating to their private law practices.
  Mr. Litt is a graduate of Harvard University and Yale Law School. He 
clerked for Judge Edward Weinfeld of the Southern District of New York 
and Justice Potter Stewart of the Supreme Court. He served as an 
assistant U.S. attorney in the Southern District of New York for 6 
years. He later became a partner at the law firm of Williams & 
Connolly. Then from 1993 to 1999, after a year at the State Department, 
he held two important posts at the Department of Justice. There, after 
service as a deputy assistant attorney general in the criminal 
division, he rose to be Principal Associate Deputy Attorney General. At 
the DOJ, his responsibilities included FISA applications, covert action 
reviews, computer security, and other national security matters.
  He has been a partner with the law firm of Arnold and Porter since 
1999 and has been active in intelligence and national security policy 
matters through bar association and other public activities.
  Stephen Preston is a graduate of Yale University and Harvard Law 
School. He clerked for Judge Phyllis A. Kravitch of the U.S. Court of 
Appeals for the 11th Circuit, and joined Wilmer, Cutler, and Pickering, 
where he became a partner. From 1993 to 2000, Mr. Preston served in the 
Department of Defense and the Department of Justice. At the Department 
of Defense, he was a deputy general counsel and then the principal 
deputy general counsel, which included a period as acting general 
counsel and later, general counsel for the Department of the Navy. At 
the Department of Justice, he was a deputy assistant attorney general 
in the civil division. While at DOD, the chief counsels at the defense 
intelligence agencies reported to him, and while at the Navy Department 
he had legal and oversight responsibilities for the Naval Criminal 
Investigative Service. He has informed the committee that in his DOD 
and Navy positions, he dealt with other national security agencies, 
including the CIA.
  Mr. Preston has been a partner at the law firm of WilmerHale since 
2001, dealing in both his practice and public and private activities 
with national security matters.
  The Director of National Intelligence has the statutory 
responsibility of ensuring compliance with the Constitution and laws of 
the United States by the Office of the DNI and the CIA and ensuring 
that compliance by other elements of the intelligence community through 
their host executive departments. As the chief legal officer of the 
Office of Director of National Intelligence, the general counsel has 
the critically important responsibility of aiding the DNI in fulfilling 
this mandate.
  In providing legal advice to the DNI, the general counsel must have 
insight into activities throughout the intelligence community including 
those of the general counsel offices in the various intelligence 
community elements. As we made clear during this nomination process, 
the committee expects that the ODNI general counsel will be aware of 
and have an opportunity to evaluate all of the significant legal 
decisions made throughout the intelligence community. The general 
counsel also represents the executive branch in proposing and 
negotiating legislative provisions for our annual intelligence 
authorization bill, which is coming up, and for other legislation that 
affects the equities of the intelligence community. The first ODNI 
general counsel, Benjamin Powell, played an indispensable role, for 
which our committee is deeply grateful, in working with the Congress on 
the FISA Amendments Act of 2008.
  The Central Intelligence Agency operates around the world outside of 
the law of other nations but is required to operate in strict 
compliance with United States law, including the Constitution, acts of 
Congress, and treaties made under the authority of the United States. 
The CIA general counsel serves to ensure that compliance. Because of 
the independent legal judgment the role requires, the position of CIA 
general counsel is an extremely challenging one that requires a strong 
and principled leader. It has been the longstanding position of the 
Senate, as manifested in the recommendations of the Iran-Contra 
Committees upon examining the significant failures they exposed, that 
it is essential that the CIA general counsel be confirmed by the 
Senate.
  The CIA Office of General Counsel played a key role in the creation 
of the CIA detention and interrogation program. It provided significant 
information to the Office of Legal Counsel at the Department of 
Justice. It participated in briefings to the National Security Council 
and to Congress. And it was in charge of interpreting and implementing 
the Office of Legal Counsel's guidance to CIA interrogators in the 
field.
  An examination of the role of the general counsel's office in the 
detention and interrogation program--something that the Intelligence 
Committee's review of the program will explore--demonstrates how 
important it is that the office has a strong leader who applies both 
sound legal analysis and good judgment to the task of providing counsel 
to the Director.
  As I mentioned earlier in these remarks, the nominees answered the 
committee's many questions both in writing and in testimony before us. 
Individual members of the committee may have disagreements with 
individual answers, and some of these were discussed in the committee's 
consideration of both. To some extent, the nominees are at the 
disadvantage of not yet knowing the often still classified context of 
various questions. I am confident that they will quickly learn.
  Moreover, a nomination process is a two-way communication. We use it 
to learn about the nominees, but it is also a process in which they 
learn about our concerns. Both nominees now have an abundantly clear 
idea, for example, of the importance we place on the law's requirements 
for keeping the committee fully and currently informed. Of course, they 
will also have the responsibility of implementing the clear commitments 
that Directors Blair and Panetta have made to that cornerstone of 
accountability and oversight.
  For both the ODNI and the CIA, the Nation needs a strong general 
counsel of unimpeachable integrity and an unwavering commitment to the 
Constitution and laws of the United States. I cannot say that too 
strongly. I am pleased that our committee has determined that the two 
nominees are both highly qualified and well suited to serve the Nation 
by providing counsel to the Director of National Intelligence and the 
CIA. I urge my colleagues to confirm them.
  Mr. REID. Mr. President, I ask unanimous consent that the Foreign 
Relations Committee be discharged of PN587, the nomination of Daniel M. 
Rooney to be Ambassador to Ireland; that the Senate then proceed to the 
nomination; that the nomination be confirmed and the motion to 
reconsider

[[Page 16284]]

be laid on the table; that no further motions be in order; that the 
President be immediately notified of the Senate's action, and that any 
statements relating thereto be printed at the appropriate place in the 
Record, as if read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nomination considered and confirmed is as follows:


                          Department of State

       Daniel M. Rooney, of Pennsylvania, to be Ambassador 
     Extraordinary and Plenipotentiary of the United States of 
     America to Ireland. The Financial Report of Contributions of 
     Daniel M. Rooney was printed on page 18436 in the July 21, 
     2009 Congressional Record.

  Mr. REID. Mr. President, I ask unanimous consent that the Foreign 
Relations Committee be discharged from PN578, Foreign Service list 
beginning with Susan Marie Carl and ending with Dale N. Tasharski, 
nominations received by the Senate and that appeared in the 
Congressional Record on June 10, 2008; that the Senate proceed, en 
bloc, to their consideration; that the nominations be confirmed en 
bloc; the motions to reconsider be laid upon the table en bloc; that no 
further motions be in order; that the President be immediately notified 
of the Senate's action, and the Senate then resume legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:


                          Department of State

     Susan Marie Carl, of Alaska

       The following-named Members of the Foreign Service to be 
     Consular Officers and Secretaries in the Diplomatic Service 
     of the United States of America:


                         Department of Commerce

     Landon A. Loomis, of Louisiana
     Keenton C. Luong, of California
     Megan A. Schildgen, of Maryland


                          Department of State

     Karl Miller Adam, of Texas
     Anjum F. Akhtar, of California
     Elizabeth Ann Albin, of Texas
     Mark K. Antoine, of Virginia
     Julia Elizabeth Apgar, of the District of Columbia
     Daniel Patrick Aragon, of Vermont
     Karla Ascarrunz, of Virginia
     Nathan D. Austin, of Washington
     Dina A. Badawy, of California
     Francoise I. Baramdyka, of California
     Ashley Chantel Barriner-Byrd, of Pennsylvania
     Matthew Baumgardt, of the District of Columbia
     Brian Paul Beckmann, of Minnesota
     Fritz Berggren, of Washington
     Kathryn W. Bondy, of Georgia
     Roxana Botea, of Virginia
     A. Stephanie Brancaforte, of Virginia
     Jennifer Leigh Bridgers, of Georgia
     Theodore Brosius, of the District of Columbia
     Annmarie E. Bruen, of Virginia
     Michael William Campbell, of Maryland
     Jessica Chesbro, of Oregon
     Henry K. Clark, of Maryland
     Bianca M. Collins, of Virginia
     Patricia A. Connelley, of Virginia
     Justin John Cook, of Virginia
     Anton M. Cooper, of Washington
     Edward Kenneth Corrigan IV, of Virginia
     Ann Marie Cote, of Michigan
     Andrew J. Curiel, of California
     Douglas M. Disabello, of Virginia
     Jenny R. Donadio, of Virginia
     Nick Donadio, of Virginia
     Colin C. Dreizin, of California
     Jennifer G. Duckworth, of the District of Columbia
     Thomas A. Duval, of Massachusetts
     Amy E. Eagleburger, of North Carolina
     Jeremy Edwards, of Texas
     Jeffrey E. Ellis, of Washington
     Shannon M. Epps, of Virginia
     John C. Etcheverry, of Virginia
     Karen J. Fackler, of Virginia
     Sarah L Fallon, of Wisconsin
     Craig J. Ferguson, of the District of Columbia
     Dylan Thomas Fisher, of the District of Columbia
     Theodore J. Fisher, of California
     Charles Fouts, of California
     Calvin C. Francis, of Virginia
     Ryan Eastman Gabriel, of Virginia
     Robert A. Gautney, of Virginia
     Joseph Martin Geraghty, of the District of Columbia
     John Drew Giblin, of Georgia
     Stephanie Snow Gilbert, of Oklahoma
     Mark T. Goldrup, of California
     Amit Raghavji Gosar, of Virginia
     John Jake Goshert, of New York
     Forrest Graham, of Mississippi
     Andrea M. Grimste, of Virginia
     Andrew Harrop, of Virginia
     Jessica A. Hartman, of Virginia
     Nickolaus Hauser, of Texas
     Stephanie Made Hauser, of Florida
     Mark E. Hernandez, of Virginia
     Benjamin G. Hess, of North Carolina
     Edward T. Hickey, of the District of Columbia
     Jean Hiller, of Virginia
     Alan Paul Holmes, of Virginia
     Marcia Elizabeth House, of Georgia
     Brent W. Israelsen, of Utah
     William Jamieson, of Virginia
     James Taylor Johnson, of Virginia
     Linda M. Johnson, of the District of Columbia
     Luke Steven Johnson, of Virginia
     Emmit A. Jones, of Virginia
     Penelope R. Justice, of Virginia
     Rachel Y. Kallas, of Wisconsin
     Stephanie Kang, of Missouri
     Arthur Keating, of Virginia
     Wesley C. Kelly, of Virginia
     Matthew DeFerreire Kemp, of Virginia
     William B. Kincaid, of the District of Columbia
     Jerrah M. Kucharski, of Pennsylvania
     Athena Kwey, of California
     James Lamson, of Virginia
     Dawson Edward Law, of Montana
     Katherine Maureen Leahy, of New Jersey
     Adam J. Leff, of the District of Columbia
     Rong Li, of Maine
     Michael Lis, of the District of Columbia
     Elizabeth Angela Litchfield, of Illinois
     Qin P. Lloyd, of Virginia
     Paul A. Longo, of the District of Columbia
     Louis T. Manarin, of Virginia
     Christa Leora Matthews, of Virginia
     Jennifer L. McAndrew, of Texas
     Daniel Craig McCandless, of Pennsylvania
     Vicki H. McDanal, of Virginia
     LaYanna K. McLeod, of Virginia
     Daniel E. Mehring, of California
     Kristen Ann Merritt, of California
     Sterling Michols, of Nevada
     Rachel I. Mihm, of Virginia
     Kenneth W. Miller, of Virginia
     Zachary J. Millimet, of Virginia
     Scott J. Mills, of North Carolina
     Eric Charles Moore, of Minnesota
     Kristy M. Mordhorst, of Texas
     Michael K. Morton, of Virginia
     Timothy P. Murphy, of West Virginia
     Timothy M. Newell, of Virginia
     Scott A. Norris, of Florida
     Sarah Oh, of New York
     Mark J. Oliver, of Virginia
     James Paul O'Mealia, of New Jersey
     Irene Ijeoma Onyeagbako, of Nevada
     Erik Graham Page, of South Carolina
     Timothy J. Pendarvis, of Kansas
     Valerie Petitprez-Horton, of Virginia
     Marlene H. Phillips, of Virginia
     Michael P. Picariello, of Virginia
     Heidi M. Pithier, of Virginia
     Archana Poddar, of Massachusetts
     Stacey D. Price, of Maryland
     A. Larissa Proctor, of Pennsylvania
     Erin Ramsey, of North Carolina
     Jerarnee C. Rice, of Tennessee
     James Thomas Rider, of Michigan
     Syed-Khalid Rizvi, of Maryland
     Jennifer W. Robertson, of Vrginia
     Mark Robertson, of Virginia
     Christopher M. Rogers, of Virginia
     Delbert A. Roll, of Virginia
     Travis D. Rutherford, of Virginia
     Lisa A. Salamone, of Arizona
     Dustin F. Salveson, of Utah
     Lee Eric Schenk, of the District of Columbia
     Janelle L. Schwehr, of Virginia
     Jonathan C. Scott, of California
     Vikrum Sequeira, of Texas
     Mihail David Seroha, of Florida
     Muhammad Rashid Shahbaz, of New York
     George Brandon Sherwood, of North Carolina
     Natalya C. Simi, of Virginia
     Gwendolynne M. Simmons, of Florida
     Nathan R. Simmons, of Idaho
     Christopher James Sinay, of Virginia
     Nisha DiNp Singh, of the District of Columbia
     Matthew Siren, of Virginia
     Kimberly L. Skoglund, of Virginia
     Jeremy Daniel Siezak, of New Jersey
     Eric Anthony Smith, of the District of Columbia
     Veronique E. Smith, of California
     Abigail Anne Davis Spanberger, of Virginia
     Wesley R. St. Onge, of Virginia
     Kristen Marie Stott, of Illinois
     Anna Amalie Taylor, of Virginia
     John Manning Thomas, of the District of Columbia
     Elisabeth Spiekemann Thornton, of Virginia
     Sarah M. Trustier, of Virginia
     Andrea Tully, of Virginia
     Marc E. Turner, of Virginia
     Timothy J. Uselmann, of Virginia
     Annette Vandenbroek, of Wisconsin
     Chad R. Wagner, of Virginia
     Marisa Corrado Walsh, of Virginia
     Michael James Wautlet, of Colorado
     Matthew Harris Welch, of Virginia
     Geoffrey David Wessel, of North Carolina
     Amos A. Wetherbee, of Massachusetts
     Garrett E. Wilkerson, of Oregon
     Steve J. Wingler, Jr., of Georgia
     John Anthony Gerhard Yoder, of Virginia
     Margaret Anne Young, of Missouri
     Melissa B. Zeliner, of Illinois
       Secretary in the Diplomatic Service of the United States of 
     America:
     John J. Kim, of the District of Columbia

       The following-named Career Members of the Senior Foreign 
     Service of the Department of Commerce for promotion into the 
     Senior Foreign Service to the class indicated:


[[Page 16285]]


       Career Member of the Senior Foreign Service of the United 
     States of America, Class of Counselor, effective June 22, 
     2008:

     Dale N. Tasharski, of Tennessee

  Mr. REID. Mr. President, I rushed through these nominations once we 
were able to get permission to move them forward. Each one of these 
that we have just read will change people's lives. Some of these people 
have been waiting a long time to enter public service. Some have been 
in public service and are moving to a different spot. It is too bad we 
can't give more recognition to these outstanding individuals. Their 
recognition will be based on the job they do while working in this 
administration. All these people who are approved are not Democrats. 
They come from both sides. I am thankful and grateful we have been able 
to get this many done. People have had individual questions about all 
these nominations, and we worked through them.

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