Though it waited almost a month to vote on them, the Senate moved swiftly and with near unanimity today in confirming three of President Barack Obama’s nominees for top positions at the Justice Department.
Senators voted to confirm Covington & Burling partner Lanny Breuer for assistant attorney general for the Criminal Division, on an 88-0 vote; Hogan & Hartson partner Christine Varney for assistant attorney general for the Antitrust Division, on an 87-1 vote; and Morrison Foerster partner Tony West for assistant attorney general for the Civil Division, on an 82-4 vote.
Members of the Senate Judiciary Committee endorsed the three nominees March 26 on a voice vote, but senators spent most of the next week debating the federal government’s budget and then went into recess for two weeks. Today is the Senate’s first day back from recess.
Sen. Arlen Specter (R-Pa.), the top Republican on the Judiciary Committee, praised the “outstanding credentials” of the three nominees. Last month, he criticized Varney’s “incomplete answers” to his written questions, but Specter said today that he was satisfied with her answers in a subsequent, private meeting.
“I consider the antitrust position to be of unique importance,” Specter said. “I believe that she will bring a vigor to the job which I think is most appropriate.”
He also said that the Senate is confirming Obama’s Justice Department nominees more quickly than it confirmed President George W. Bush’s. Only two Obama nominees so far — Breuer and Attorney General Eric Holder Jr. — needed more time to win Senate approval than their Bush counterparts did, Specter said.
Judiciary Chairman Patrick Leahy (D-Vt.), noting the whopping margins today, said the Senate should have held voice votes on Breuer, Varney, and West before leaving for its spring recess. Sen. Jim Bunning (R-Ky.) was the lone vote against Varney; he also voted against West.
The confirmation of the three nominees means most of the Justice Department’s leadership is now in place, with a few exceptions. The Judiciary Committee is scheduled to vote as soon as Thursday on the nomination of Ron Weich to head the department's Office of Legislative Affairs. Weich has been chief counsel to Senate Majority Leader Harry Reid (D-Nev.).
Democrats are trying to schedule a time to vote on the nomination of Dawn Johnsen to be assistant attorney general for the Office of Legal Counsel, which Republicans have held her up because of her views on abortion and national security. Tom Perez, the nominee to lead the Civil Rights Division, is expected to appear before the Judiciary Committee soon for his confirmation hearing.
Four sources familiar with the potential nomination say that Christopher Schroeder, a Duke University law professor, is the leading candidate to lead the Justice Department’s Office of Legal Policy.
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