Sessions Gives Preview of Objections to DOJ Nominees

Amid lopsided support Monday for Attorney General Eric Holder Jr., one Republican member of the Senate Judiciary Committee had some pointed criticism for several still-pending nominees for top positions at the Department of Justice.

Speaking from the Senate floor, Sen. Jeff Sessions (R-Ala.) rebuked two of the nominees for their legal work in the high-profile cases of John Walker Lindh and Terri Schiavo and two other nominees for their views on abortion and on the military. Sessions will have a chance to question each nominee when the committee holds confirmation hearings.

“We don’t need the Department of Justice to become a liberal bastion,” he said.

His comments came during the Senate’s three-hour debate over Holder’s nomination. Sessions voted for Holder in the Judiciary Committee last week and again in the full Senate late Monday.

After briefly praising Holder, Sessions turned to the role of Solicitor General nominee Elena Kagan in trying to limit the presence of military recruiters at universities that receive federal funds. In Rumsfeld v. Forum for Academic and Institutional Rights, the Supreme Court ruled unanimously in 2006 that Congress may require such access even if the universities object to the military’s “Don’t Ask, Don’t Tell” policy against gays and lesbians serving openly.

A group of Harvard Law School professors—including Kagan, in her role as a professor and not as dean—supported a brief arguing that law schools could restrict military recruiters’ access because they would treat any other employer who violated the schools' nondiscrimination policies in the same way. The Court rejected that argument.

Though the Harvard professors were not the lead plaintiffs in the case, Sessions said Kagan “led the fight” and “led that battle.” He added, “It was voted down in the Supreme Court 8-0.”

In rapid succession, he then criticized three other nominees. Sessions, who opposes abortion, denounced Indiana University law professor Dawn Johnsen, nominated to be assistant attorney general in charge of the Office of Legal Counsel, for her time as a lawyer for NARAL Pro-Choice America.

He expressed disapproval of Jenner & Block partner Thomas Perrelli, nominated to be associate attorney general, because Perrelli represented Michael Schiavo, who drew national attention in 2005 for efforts to have his wife, Terri, taken off life support. And Sessions criticized Morrison & Foerster partner Tony West, nominated to head the Civil Division, for representing Lindh, an American captured in Afghanistan in 2001 and now serving a prison sentence for serving with the Taliban.

Sessions did not elaborate on his criticisms because his debate time was limited. A call to his office Tuesday was not returned. The Judiciary Committee has not set hearing dates for any of the four nominees.

Comments

[Greg]

This is hilarious coming from a Republican. They've spent the past eight years seeding the justice department with incompetent zealots from Regent University, a third tier law school.

[PlacitasRoy]

I'm interested in watching the investigation into Rove's complicity in the political prosecution (persecution) of Governor Don Siegelman.

Being from New Mexico and active in election/voter issues I'm looking for the investigation of the firing the AGs.

I want to see real performance reviews of the rapture right Pat Robertson ideologues who have been borrowed deep within the DOJ .

[satireisdead]

“We don’t need the Department of Justice to become a liberal bastion,” he said.

Right. Not after we've worked so hard to ensure it became a conservative bulwark.

[Julianne]

Of course he's nervous - he doesn't want to see real lawyers that respect the constitution and the rule of law. He'd rather see liberty university hacks and lackeys like gonzo.

[Ms. Priss]

Mr. Spiffy, I think you're right. He's afraid the chicken may come home to roost, and they should if he received improper campaign contributions. At this point we shouldn't care about party affiliations; however, we should care about what's right, and what's wrong. I just don't believe Jeff Sessions has clean hands.

[Vicki]

The republicans in our government are the worst examples of irresponsible governing. They care nothing for helping the country. Their total support for every criminal tactic and policy Bush had is proof these republicans are two-faced hypocrites and worse.

[LosGatosCA]

And Sessions criticized Morrison & Foerster partner Tony West.

Hey, he's from mofo.com.

[Jordan R.Hill]

It does seem odd to me that three of the four persons criticised were private lawyers at the time they did things that Mr. Sessions disagrees with and they were all duty bound to represent their clients' interests. In the fourth case, it is an independent group that filed an amicus curae with the Court expressing their constitutional views.The 8-0 ruling was on the main case not the comments of the friend of the Court brief. He doesn't like her views but in no way does he indicated how those views might disqualify the nominees. Just hassling them; that's all.

[jamesincalifornia]

Gee, one would think that the Republicans had won the election.

[mr. spiffy]

Sessions was U.S. Attorney in my hometown for years. Normal guy. Community pillar. Apparently he's had the correct dose of Karl's Kool Aid or they've sucked out his brain and replaced it with one that they had lying around Bill O'Reilly's office. Just goes to show you what Washington will do to a good man. Damn shame.

[Birmingham]

May there be another reason that Jeff Session is fighting the DOJ nominees? Remember his name came up during the Siegelman trial and aftermath regarding improper campaign contributions from the same person that DOJ used to charge Siegelman. Time Magazine's Adam Zagorin laid it out in his article
http://www.time.com/time/magazine/article/0,9171,1668453,00.html