Kagan One Step Closer

Solicitor General Elena Kagan has the Supreme Court in her sights after the Senate Judiciary Committee voted 13-6 to forward her nomination to the full Senate.

The committee voted largely along party lines, however, one rogue Republican broke the trend and voted in support of Kagan’s nomination, Sen. Lindsey Graham (S.C.).

Graham said that although Kagan would not have been his first choice, President Barack Obama “chose wisely.”

President Obama applauded the committee for endorsing his nomination and credited it for giving Kagan time to make her case. Sen. Jeff Sessions (R-Ala.) said after Tuesday’s vote that Senate Judiciary Committee Chairman Sen. Patrick Leahy (D-Vt.) was “fair” in giving Republican  members extra time to question the president’s nominee.

Kagan is expected to be confirmed by the full Senate and a vote should come before the August recess so she can be seated as Supreme Court Justice before the court’s next session beginning in October.

Republicans Postpone Sotomayor Vote

By Matthew S. Schwartz
Legal Affairs Correspondent - Talk Radio News Service

The confirmation of Supreme Court nominee Sonia Sotomayor may be a sure thing, but Republicans on the Senate Judiciary Committee have requested a one-week delay in the committee vote.

Chairman Sen. Patrick Leahy (D-Vt.) said he was "disappointed" by the delay, but "they have a right to put it over." Republicans informed him over the weekend of their intent to delay the vote to next Tuesday. If the committee approves her, the vote will go to the full Senate floor.

Leahy stressed the importance of confirming Sotomayor quickly, as the Supreme Court reconvenes early next term to hear a case on the constitutionality of the McCain-Feingold campaign finance bill. "I hope that once she is passed out of this committee, there will be no delay on the floor, because she will have a very, very few weeks after she is confirmed to move to Washington" and prepare for the case, he said. "Delay would not help either her or the Supreme Court."

Sen. Jeff Sessions (R-Al.) said that even with the delay, "Confirmation, if it occurs, will occur sooner than even John Roberts." Chief Justice Roberts began his Judiciary Committee hearings on Sept. 12, 2005, and was confirmed by the full Senate on Sept. 29.

Just 10 members of the 19-member Judiciary Committee showed up Tuesday, the minimum needed for committee business to take place.

Leahy told reporters he doesn't know how long the floor debate will last, but it should be quick because senators should all know how they plan to vote by the time the official debate starts.

Holder: Gitmo Detainees Not A Threat To U.S. Or Allies

By Mickael Combier-Talk Radio News Service

U.S. Attorney General Eric H. Holder told the Senate Judiciary Committee Wednesday that the Department of Justice is working with U.S. allies to assure them that there is no risk in accepting Guantanamo Bay detainees.

“By sharing information about who [the detainees] are, responding to the questions that are posed by our allies...we can ensure them that they will not pose a danger to their countries and will not pose a threat to us. I think we will be successful,” Holder stated.

Holder said that these detainees will be judged “with due process consistent with the laws of war..and with the assurance that what we are doing is consistent with our values and with our commitment to due process.”

Holder made it clear during his testimony that our allies will not be able to host all of the detainees and that, therefore, the U.S. will have to take its share of the task.

Sen. Patrick Leahy (D-Vt.), Chair of the Committee noted “our criminal justice system handles extremely dangerous criminals, and more than a few terrorists, and it does so safely and effectively. We are the most powerful nation on hearth, we got to be able to handle the worst criminals.”

The hearing was held in front of a full audience. There were two protestors who accused the U.S. of torture and called for the closing of Guantanamo Bay.

Whistleblowers Welcome

By Kayleigh Harvey - Talk Radio News Service

Deputy Director of the FBI, John Pistole, Special Inspector General for the Troubled Assets Relief Program, the Honorable Neil Barofsky and Acting Assistant Attorney General Rita Glavin from the Criminal division testified before a full room at a Senate Judiciary Hearing today, to discuss "The Need for Increased Fraud Enforcement in the Wake of the Economic Downturn."

Chairman of the Committee, Senator Patrick Leahy (D-Vt) said: "This is not a partisan issue...we want to strengthen fraud enforcement, the Justice Department, the FBI, the Office of the Inspector General, the Department of Housing and Urban Development and even the Postal Inspection Service."

"One thing I learned as a prosecutor...you can have all the laws of the world in the books but if you don't have the resources to enforce the laws, and actually go out there after people who have broken the laws, they are meaningless."

"We do know that banks and private mortgage companies relaxed their standards for loans, proving ever riskier mortgage and less and less due diligence, it's almost like open the door and saying, 'Hey, come on in fraud is welcome'," Senator Leahy continued.

Also discussed at the hearing were the measures on how to tackle fraud now and in the future in relation to the economic crisis, catching criminal activity, and the Madoff scandal.

With regard to whistleblowers there seemed to be a unanimous agreement by the witnesses, that whistleblowers are an important tool in tackling fraud.

John Pistole said: "Anybody who has credible information, that can help either predicate or enhance investigation we look forward to working with."

Rita Glavin stated that "The Department has enjoyed tremendous success from working with whistleblowers...we have obtained essentially $10 billion in the past 10 years...the Department believes that whistleblowers, who are often insiders, can serve a vital function in our law enforcement efforts in exposing potential fraud in connection with government programs."

Neil Barofsky announced at the hearing that the TARP program encourages people to contact their hotline which can be found on their website if they have any information on fraud. TARP has hired a lawyer to follow all hotline enquiry leads. Barofsky said he would rather they went through 99 false lines of enquiry in order to avoid missing that one real piece of information.

Asked by Senator Edward Kaufman (D-Del) what were the most obvious fraud cases that TARP would move on quickly in order to attempt to get the most number of prosecutions, Neil Barofsky said: "Going after licensed professionals...focussing on exclusively the gatekeepers; the lawyers, the appraisers, the licensed mortgage brokers...making examples of those and letting their colleagues know that criminal behavior in these types of mortgage frauds is unacceptable, because they have the most to lose."

Senator Leahy willing to take on Republicans over Obama's nominee for Attorney General

Senator Patrick Leahy (D-Vt.), Chairman of the Senate Judiciary Committee, announced his support for Obama's Attorney General nominee Eric Holder.The Senator was joined, at his press conference, by heads of numerous law enforcement agencies.

"He has experience in law enforcement. He has a record of strong, independent, and effective action. He's been an anti corruption prosecutor, he's prosecuted both Republicans and Democrats alike. He has experience in the Justice Department," said Leahy.

In recent weeks, Obama's nominee has garnered criticism from a number of conservatives. Former Bush adviser Karl Rove accused Holder of being involved with Clinton's pardon of controversial financier Marc Rich in an early December episode of "The Today Show". Senator Arlen Specter (R-Pa.), Ranking Member of the Judiciary Committee, also challenged Holder's character, insinuating that the former Deputy Attorney General had an inability to say 'no' to a President.

Leahy dismissed the Republican attacks and brought up the confirmation of former Attorney General Alberto Gonzales.

"Whatever standard they used to justify their decision to support Former Attorney General Alberto Gonzales...the nomination of Eric Holder far, far exceeds that standard," stated Leahy.

"Every Senator has the right to vote for an against any nominee, but I guarantee you this: Eric Holder will be confirmed as Attorney General of the United States."