[Congressional Record (Bound Edition), Volume 155 (2009), Part 5]
[Senate]
[Pages 6720-6721]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

       NOMINATION OF DAVID W. OGDEN TO BE DEPUTY ATTORNEY GENERAL

  Mr. REID. I now move to executive session to consider Calendar No. 
21, the nomination of David Ogden to be Deputy Attorney General.
  The PRESIDING OFFICER. The question is on agreeing to the motion.
  The motion was agreed to.
  The clerk will report the nomination.
  The assistant legislative clerk read the nomination of David W. 
Ogden, of Virginia, to be Deputy Attorney General.


                             Cloture Motion

  Mr. REID. Mr. President, I send a cloture motion to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the clerk will report the motion.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the nomination of 
     David W. Ogden, of Virginia, to be Deputy Attorney General.
         Harry Reid, Patrick J. Leahy, Sheldon Whitehouse, Richard 
           Durbin, Charles E. Schumer, Ron Wyden, Patty Murray, 
           Amy Klobuchar, Debbie Stabenow, Bernard Sanders, 
           Russell D. Feingold, Benjamin L. Cardin, Dianne 
           Feinstein, Daniel K. Akaka, Herb Kohl, Jon Tester, 
           Edward E. Kaufman.

  Mr. REID. I ask unanimous consent that the mandatory quorum be 
waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 6721]]


  Mr. REID. I regret that we need to file cloture on the nomination of 
David Ogden to be the Deputy Attorney General.
  Mr. Ogden is eminently qualified for this job. He is a graduate of 
Harvard Law School and clerked on the Supreme Court for Justice Harry 
Blackmun. During the Clinton Administration, he served as the Assistant 
Attorney General for the Civil Division and as Chief of Staff to the 
Attorney General. He is currently a partner in a major Washington law 
firm.
  His nomination was reported favorably by the Judiciary Committee by a 
vote of 14-5, with 3 Republicans including Ranking Member Specter 
supporting him. So there is little doubt cloture will be invoked and he 
will be confirmed.
  As I understand it, the argument of those who oppose him is that he 
took positions on behalf of law firm clients that some members do not 
agree with. In my view, that is an unfair basis for opposing a nominee.
  In any event, it is unfortunate we could not enter into a unanimous 
consent agreement to debate the nomination and have a simple up/down 
vote. President Obama deserves to have his advisors, especially members 
of his national security team, in place as quickly as possible. If we 
are forced to file cloture on nominees who are obviously going to be 
confirmed, we are wasting up valuable time that should be used to 
address the pressing problems facing the nation.

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