U.S. Senate quizzes Deputy Attorney General Nominee David Ogden

By Kayleigh Harvey - Talk Radio News Service

Deputy Attorney General Nominee for the Justice Department, David Ogden, appeared before the Senate Judiciary Committee to talk about his record.

Ogden gave his statement before a full committee room, with his mother, wife, children, sister, and nieces in attendance.

Mr. Ogden said: "I am grateful and humbled that President Obama and Attorney General Holder have placed such confidence in me".

Committee Chairman, Senator Patrick Leahy (D-Vt) said: "...it is time to restore the Justice Department and to restore the American people's confidence in Federal law enforcement. Today, the Committee continues the work of restoring the Department.”

In his opening testimony Mr. Ogden said: "I recognize that the challenges facing the Department may be as great as they ever have been. Since September 11, 2001, the Department has taken on a role at the heart of our national security during a war that has reached our homeland. It has the role as being the lead federal law enforcement agency and that role is urgent because crime across a range of fronts threatens our communities, our economy, and our personal rights plus our security. The Justice Department's role as protector of the public first has never been more important, given unprecedented budgetary demands.”

Members of the Committee noted the numerous letters of support that had been submitted in support of his defense of his nomination, from both Republican and Democrats and from the Military.

Former Senator John Warner (R-Va) gave a testimony in support of Ogden's nomination today, and Senator Jim Webb (D-Va) and Mark Warner (D-Va) have submitted written support to the Committee Clerk.

Ogden was asked about his opinion on a number of high profile issues during today's hearing. The committee asked Ogden about his stance on abortion, the death penalty, interrogation, torture, classified information and pornography.

David Ogden is currently a partner with WilmerHale, LLP where he works in the firm's Regulatory and Government Affairs and Litigation/Controversy Departments, which he joined in 2001. Additionally he is co-chair of the Government and Regulatory Litigation Practice Group, and a member of the Appellate and Supreme Court Litigation; Complex Commercial Litigation; International Arbitration; Public Policy and Strategy; and Defense, National Security and Government Contracts Practice Groups.

There are eight nominees that will have hearings before the Senate Judiciary Committee for this position.

Congress investigates Federal Justice System for selective prosecution

The Committee on the Judiciary's Subcommittee on Commercial and Administrative Law and the Subcommittee on Crime, Terrorism, and Homeland Security held a second hearing to address "Allegations of Selective Prosecution" and "The Erosion of Public Confidence in Our Federal Justice System."

Chairwoman Linda Sanchez (D-CA) said the Judiciary Committee has previously investigated "whether the Department of Justice has allowed politics to seep into its decision-making" and now turns its attention to allegations of "Democrats being disproportionately targeted for Federal prosecutions under the current Administration." Sanchez also raised concerns that the DOJ has "investigated allegations of voter fraud" but has ignored vote suppression, citing many recent incidents of Republican efforts to deter non-Republican voters and thwart opposition "get out the vote" campaigns in the 2002 and 2004 elections. Sanchez said that the DOJ's failure to send a witness to testify despite an invitation was "unfortunate."

Witness Rep. Paul Hodes (D-NH) testified about the 2002 Election Day phone-jamming operation conducted by Republican political operatives, noting that witness Allen Raymond had pled guilty for his involvement in the case and that former Republican National Committee Director James Tobin was convicted as well and later acquitted on appeal. He said that it is "unclear" whether the White House was involved in the scandal despite suspicious phone calls made to the White House that day, although witness Paul Twomey said there was "numerous evidence" of its involvement. Finally, Hodes said that there were "major delays" in prosecuting the case and that the DOJ had "at the very least" a "conflict of interest" in its investigation, and Twomey said that the DOJ has "decidedly Republican" interests.

Rep. Louie Gohmert (R-TX) said that previous hearings had shown "there was no illegal or unethical conduct" and cited former Rep. Bob Ney's (R-OH) 2004 congressional case as evidence that the DOJ was "using politics to help one party over another." Rep. John Conyers (D-MI) countered by saying that the hearing was discussing people who had violated laws and been found guilty and said that "the RNC is in big trouble."

Witness Mark Crispin Miller, political analyst and NYU professor, said the DOJ should work to prosecute unlawful Democratic practices as well, and deplored electronic ballot counting machines as a "secret vote count." He said that voter fraud is a "minor problem" that would be much better solved by video cameras in voting areas as opposed to "laws that disenfranchise tens of thousands of people."