CJA's Citizen Opposition
to Senate Confirmation
of U.S. Attorney Loretta Lynch
as U.S. Attorney General

US ATTORNEY LYNCH'S FEBRUARY 9, 2015 WRITTEN ANSWERS TO SENATE JUDICIARY COMMITTEE'S WRITTEN QUESTIONS

Chairman Grassley: pp. 2-59
Ranking Member Leahy: pp. 60-61
Senator Cornyn: pp. 62-76
Senator Cruz: pp. 77-115
Senator Durbin: pp. 116-117
Senator Feinstein: pp. 118-129
Senator Flake: pp. 130-134
Senator Franken: 135-136
Senator Graham:  pp. 137-141
Senator Hatch: pp. 142-145
Senator Lee:  pp. 146-154
Senator Perdue: pp. 155-173
Senator Schumer: pp. 174-176
Senator Sessions: pp. 177-197
Senator Tillis:  pp. 198-201
Senator Vitter:  pp. 202-220
Senator Whitehouse: p. 221

Chairman Grassley's Question #1: As you know, the Senate is constitutionally obligated to fulfill its duty to provide advice and consent on the President’s nominees. That process is always lengthy and involved, for good reason. It is of course especially important for the Senate to fulfill its responsibilities with care for Cabinet level positions, such as the Attorney General of the United States. Nonetheless, throughout this process, my primary concern is not only that your nomination was thoroughly vetted by the Senate, but also that throughout the process you were treated fairly and with respect. I have publicly outlined the process going forward in the Committee. Do you believe the United States Senate, and in particular the Senate Judiciary Committee, has treated you and your nomination in a fair and appropriate way?

AG Nominee Lynch's Answer to Chairman Grassley's Question #1:  Yes, and I would like to thank you in particular for the respectful and courteous way that you chaired my confirmation hearing.

Chairman Grassley's Question #25b: Can you provide examples of how you have been an independent voice during your government service? Are there any examples from your private practice?

AG Nominee Lynch's Answer to Chairman Grassley's Question #25b: As the United States Attorney for the Eastern District of New York, I have been entrusted with a profound duty to bring independence and integrity to every investigation and prosecution and exercise the significant authority of the office completely free of bias, fear, or favor. My record demonstrates my unwavering commitment to fulfilling that duty. In the field of public corruption, for example, my Office has never hesitated to pursue investigations and prosecutions of corrupt public officials, no matter how powerful they might be. Under my leadership, the Office has pursued corruption taking place in offices and backrooms in New York’s City Hall, the Nassau County legislature, the Capitol building in Albany, and even Washington, DC. Our prosecutions have resulted in convictions of Democrats and Republicans alike, including a sitting United States Congressman, the New York State Senate’s Majority and Minority leaders, and officials from every level of government. If I am fortunate enough to be confirmed, I will bring that same steadfast commitment to independence and integrity to the position of Attorney General.

Chairman Grassley's Question #28:  In 2008, the Justice Department brought suit against the New Black Panther Party and two of its members for voter intimidation. The defendants did not contest the claims. But when the Obama Administration took over, they would not allow career litigators to move for a default judgment. The career litigators have stated that political appointeeswould not allow a case to be brought against Black citizens for intimidation of White voters. Internal investigations of misconduct have led nowhere after all these years. The Civil Rights Commission has criticized the Department for not cooperating with its investigation into the matter.  a. If confirmed, will you conduct a thorough and fair investigation of this matter and apply any appropriate disciplinary action?

AG Nominee Lynch's Answer to Chairman Grassley's Question #28: I am not personally familiar with the details of this case. My general understanding is that there have been extensive internal Department reviews of this case, but I am not personally familiar with those reviews or their outcome. If I am confirmed as Attorney General, I will ensure there has been a fair and impartial consideration of the results of those internal reviews, and will take any appropriate action based on that consideration.

AG Nomineee Lynch's Answer to Chairman Grassley's Question #41:  The role of the Department of Justice is to enforce the law and as a career prosecutor and the United States Attorney for the Eastern District of New York, I can assure you that I, and my fellow prosecutors and law enforcement partners, take this role seriously. Our job is to investigate specific evidence of unlawful conduct and enforce the law.

Chairman Grassley's Question #41b. Would you support appointment of a special counsel to hold accountable any DOJ official who is found to have abused his or her authority under this program to close down lawful businesses?

AG Nominee Lynch's Answer to Chairman Grassley's Question #41b: If I am confirmed as Attorney General, I can commit to you that I will take seriously every allegation of abuse of power brought to my attention. And in conjunction with career prosecutors and Congress where appropriate, I will make the best decision about how to handle such an investigation. If a member of the Department of Justice is found to have crossed the line, that individual must be dealt with swiftly and according to law.

Chairman Grassely's Question #55. Department of Justice attorneys have a great deal of power and discretion but I am concerned that without proper oversight, this power and authority can be abused without consequences. For example, the Department of Justice’s Inspector General (IG) does not have the ability to investigate attorney misconduct. Rather, attorney misconduct is currently investigated by the Office of Professional Responsibility but this office does not have the same strong statutory independence as the IG. Currently, there are at least three examples of attorneys who remain employed by the Department despite evidence that these attorneys committed serious misconduct.

AG Nominee Lynch's Answer to Chairman Grassley's Question #47a: If confirmed as Attorney General, I will work to ensure the Department conducts its work as transparently as possible.

AG Nominee Lynch's Answer to Chairman Grassley's Question #49b:  I will ensure that the Department carefully considers credible allegations of wrongdoing that are brought to our attention.

AG Nominee Lynch's Answer to Chairman Grassley's Question #55a: Consistent with the positions taken by previous Attorneys General, across Administrations, I support the role of the Office of Professional Responsibility (OPR) in investigating attorney misconduct. OPR has been recognized consistently as a strong, independent entity within the Department that has a long and distinguished history of investigating allegations of attorney misconduct and recommending appropriate punishment. I understand that OPR is unique in that it has a singular focus on investigating attorney misconduct. If confirmed, I will commit to ensuring that the Department holds accountable any employees who are found to have committed misconduct.

AG Nominee Lynch's Answer to Chairman Grassley's Question #55b:  As the United States Attorney for the Eastern District of New York, I am not familiar with the details of this matter, so I am not in a position to know what personnel actions have taken place to date or whether they were appropriate. If I am confirmed as Attorney General, I will commit to ensuring that the Department holds accountable any employees who are found to have committed misconduct.

AG Nominee Lynch's Answer to Chairman Grassley's Question #55c: As noted above, as the United States Attorney for the Eastern District of New York, I am not familiar with the details of this matter, so I am not in a position to know what personnel actions have taken place to date or whether they were appropriate. If I am confirmed as Attorney General, I will commit to ensuring that the Department holds accountable any employees who are found to have committed misconduct.

AG Nominee Lynch's Answer to Chairman Grassley's Question #55d:  As noted above, As the United States Attorney for the Eastern District of New York, I am not familiar with the details of this matter, so I am not in a position to know what personnel actions have taken place to date or whether they were appropriate. If I am confirmed as Attorney General, I will commit to ensuring that the Department holds accountable any employees who are found to have committed misconduct.

Chairman Grassley's Question #55e: What steps would you take to create a more independent and credible system of attorney discipline at the Department?

AG Nominee Lynch's Answer to Chairman Grassley's Question #55e: OPR has been recognized consistently as a strong, independent entity within the Department that has a long and distinguished history of investigating allegations of attorney misconduct and recommending appropriate punishment. If I am confirmed as Attorney General, I commit to ensuring that OPR continues to be a strong, independent entity, within the Department of Justice.

Chairman Grassley's Question #55f: Would you support transferring the DOJ/OPR function to the Inspector General so that there can be an independent reviews of attorney misconduct allegations at the Department?

AG Nominee Lynch's Answer to Chairman Grassley's Question #55f: As I described above, consistent with the positions taken by previous Attorneys General, across Administrations, I support the role of the Office of Professional Responsibility in investigating attorney misconduct.

Chairman Grassley's Question #55g: If not, please explain what is special or unique about attorney misconduct that should shield it from oversight by the Department’s Inspector General like all other types of misconduct?

AG Nominee Lynch's Answer to Chairman Grassley's Question #55g: It is my understanding that OPR’s extensive experience and singular focus is in investigating attorney misconduct related to the exercise of their authority to investigate and litigate, including by analyzing conduct through the lens of relevant state bar rules.

Senator Cornyn's Question #2: As U.S. Attorney in the Eastern District of New York, what mistakes have you made?

Senator Cornyn's Question #3: What assurance can you provide that you will prevent the President from violating the Constitution?

AG Nominee Lynch's Answer to Senator Cornyn's Question #3: The Attorney General must be a forceful, independent voice of justice and a fierce defender of the constitutional rights of all Americans. I have devoted my professional life to the pursuit of justice and the defense of the ideals and principles set forth in the Constitution of the United States of America. If confirmed as Attorney General, I pledge to Congress and the American people that the Constitution, the bedrock of our system of justice, will be my lodestar as I exercise the power and responsibility of that position. I will never forget that I serve the American people—all of the American people, from every state, every community, and every walk of life.

AG Nominee Lynch's Answer to Senator Cornyn's Question #19e:  Just as I have in my tenure as a United States Attorney, if confirmed as Attorney General, I would take seriously all allegations regarding inappropriate actions by Department employees, and would follow well-established laws and procedures regarding disciplinary actions against employees found to have engaged in inappropriate conduct.

AG Nominee Lynch's Answer to Senator Cruz' Question about appointing Independent Counsel for IRS Scandal (at p. 16): I believe that it is critically important that all investigations by the Department of Justice are conducted in a fair, objective, professional, and impartial manner, without regard to politics or outside influence. We must follow the facts wherever they lead, and must always make our decisions regarding any potential charges based upon the facts and the law, and nothing more. That is what I have always done as a United States Attorney, and it is what I will do if I am confirmed as Attorney General.
          In the many years that I have worked at the Department of Justice, I have developed tremendous faith in the ability of career prosecutors and professional law enforcement agents to conduct investigations in a fair, objective, professional, and impartial manner, without regard to politics or other outside influence. As the Attorney General and his predecessor have stated in memoranda directed to all Department employees during election years, “[s]imply put, politics must play no role in the decisions of federal investigators or prosecutors regarding any investigations or criminal charges.” See Memorandum of The Attorney General to All Department Employees Regarding Election Year Sensitivities (March 9, 2012, and March 5, 2008). I am committed to those principles.

AG Nominee Lynch's Answer to Senator Cruz (at p. 24):  If confirmed as the Attorney General, I would continue to ensure that fighting corruption overseas, as well as domestically, remains a top priority for the Department.

AG Nominee Lych's Answer to Senator Perdue's Question #5 on appointment of special prosecutor to investigate IRS scandal:  I believe that it is very important that all investigations by the Department of Justice are conducted in a fair, objective, professional, and impartial manner, without regard to politics or outside influence. We must follow the facts wherever they lead, and must always make our decisions regarding any potential charges based upon the facts and the law, and nothing more. That is what I have always done as a United States Attorney, and it is what I will do if I am confirmed as Attorney General.
     In the many years that I have worked at the Department of Justice, I have developed tremendous faith in the ability of career prosecutors and professional law enforcement agents to conduct investigations in a fair, objective, professional, and impartial manner, without regard to politics or other outside influence. As the Attorney General and his predecessor have stated in memoranda directed to all Department employees during election years, “[s]imply put, politics must play no role in the decisions of federal investigators or prosecutors regarding any investigations or criminal charges.” See Memorandum of The Attorney General to All Department Employees Regarding Election Year Sensitivities (March 9, 2012, and March 5, 2008). I am committed to those principles.

Senator Tillis' Question #7: Do you believe an attorney disciplined by a state bar, or one found to have committed prosecutorial misconduct, should be allowed to serve as an attorney at the United States Department of Justice?

AG Nominee Lynch's Answer to Senator Tillis' Question #7: I  am committed to ensuring that all Department attorneys carry out their duties with the highest level of integrity and professionalism, and to pursuing appropriate discipline for those who do not. The Department takes into consideration all aspects of a candidate’s suitability for employment when making hiring decisions, including whether the attorney has a history of professional misconduct. By their nature, professional misconduct findings are factbased and varied, and the Department carefully considers the allegations and conclusions of any prior discipline or misconduct findings when evaluating an attorney’s suitability for employment. I will follow the Department’s suitability rules and policies as applied at the time of hiring, and will support measures that ensure Department attorneys carry out their duties using excellent judgment and consistently adhering to all applicable professional responsibilities. Public service is a public trust, and I believe it is important for the Department to maintain the highest standards for all of its employees.

AG Nominee Lynch's Answer to Senator Vitter's Question #9d:  If I am confirmed as Attorney General, I will take very seriously the professionalism of all attorneys and staff of the Department of Justice. The Department’s dedicated career professionals devote their lives to keeping our communities safe and to ensuring that criminals are brought to justice honorably and ethically. If a Brady violation occurs, the personnel responsible must be held accountable.

AG Nominee Lynch's Answer to Vitter's Question #23:  The role of the Department of Justice is to enforce the law and as a career prosecutor and the United States Attorney for the Eastern District of New York, I can assure you that I, and my fellow prosecutors and law enforcement partners, take this role seriously. Our job is to investigate specific evidence of unlawful conduct and enforce the law....I also know from my time as United States Attorney that the Department’s professionals work every day to uphold the law and protect the American people..

Senator Vitter's Question #27d:  Do any of your colleagues, employees, or attorneys at the U.S. Attorney’s office for the Eastern District of New York have pre-existing relationships with officials and attorneys for the WYO insurance companies that have been accused of committing fraud? Please submit their names, positions, and who it is they know representing the WYO companies.

AG Lynch's Answer to Senator Vitter's #27d: I am unaware of any pre-existing relationships of employees of my Office with officials and attorneys for the WYO carriers.

AG Nominee Lynch's Answer to Senator Vitter's Question #28: I believe that it is critically important that all investigations by the Department of Justice are conducted in a fair, objective, professional, and impartial manner, without regard to politics or outside influence. We must follow the facts wherever they lead, and must always make our decisions regarding any potential charges based upon the facts and the law, and nothing more. That is what I have always done as a United States Attorney, and it is what I will do if I am confirmed as Attorney General.

Senator Vitter's Question # 28b. In response to a question from Senator Cruz on appointing a special prosecutor to investigate the IRS targeting allegations, you responded “(m)y understanding is that the matter has been considered and the matter has been resolved.”  Considerations of the moment aside, do you believe the potential political motivations of civil service officials and employees in carrying out their duties are sufficient justification to appoint a special prosecutor? If not, why?

AG Nominee Lynch's Answer to Senator Vitter's Question #28b: In the many years that I have worked with at the Department of Justice, I have developed tremendous faith in the ability of career prosecutors and professional law enforcement agents to conduct investigations in a fair, objective, professional, and impartial manner, without regard to politics or other outside influence. As the Attorney General and his predecessor have stated in memoranda directed to all Department employees during election years, “[s]imply put, politics must play no role in the decisions of federal investigators or prosecutors regarding any investigations or criminal charges.” See Memorandum of The Attorney General to All Department Employees Regarding Election Year Sensitivities (March 9, 2012, and March 5, 2008). I am committed to those principles.
           It is my understanding that the investigation into IRS targeting of certain tax-exempt organizations is being conducted by career prosecutors in the Department’s Criminal Division and Civil Rights Division, working alongside professional law enforcement agents with the FBI and the Treasury Inspector General for Tax Administration (TIGTA). I also understand that the Attorney General has committed that those career professionals will carry out this investigation thoroughly and fairly, and he has determined that there is no need for the appointment of a Special Counsel under the Department’s regulations, 28 C.F.R. §600.1. Under those regulations, which I understand have been used very rarely, the Attorney General has the discretion to appoint a Special Counsel if an investigation or prosecution by the Department of Justice would present a conflict of interest, or in other extraordinary circumstances such that the public interest would be served by such an appointment. I have no reason to question the ability of our dedicated career prosecutors and law enforcement agents to conduct the IRS investigation fairly and professionally. At the same time, I assure the Committee that, if I am confirmed as Attorney General, I will apply the Special Counsel regulations faithfully and will exercise my discretion as Attorney General in an appropriate manner.

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OF CJA's OPPOSITION TO SENATE CONFIRMATION
OF U.S. ATTORNEY LORETTA LYNCH AS U.S. ATTORNEY GENERAL