[Senate Hearing 107-603]
[From the U.S. Government Publishing Office]
S. Hrg. 107-603
CONFIRMATION HEARING ON THE NOMINATIONS OF JAY B. STEPHENS TO BE
ASSOCIATE ATTORNEY GENERAL AND BENIGNO G. REYNA TO BE DIRECTOR OF THE
U.S. MARSHALS SERVICE
=======================================================================
HEARING
before the
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
__________
SEPTEMBER 20, 2001
__________
Serial No. J-107-39
__________
Printed for the use of the Committee on the Judiciary
U.S. GOVERNMENT PRINTING OFFICE
81-139 WASHINGTON : 2002
_____________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
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COMMITTEE ON THE JUDICIARY
PATRICK J. LEAHY, Vermont, Chairman
EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah
JOSEPH R. BIDEN, Jr., Delaware STROM THURMOND, South Carolina
HERBERT KOHL, Wisconsin CHARLES E. GRASSLEY, Iowa
DIANNE FEINSTEIN, California ARLEN SPECTER, Pennsylvania
RUSSELL D. FEINGOLD, Wisconsin JON KYL, Arizona
CHARLES E. SCHUMER, New York MIKE DeWINE, Ohio
RICHARD J. DURBIN, Illinois JEFF SESSIONS, Alabama
MARIA CANTWELL, Washington SAM BROWNBACK, Kansas
JOHN EDWARDS, North Carolina MITCH McCONNELL, Kentucky
Bruce A. Cohen, Majority Chief Counsel and Staff Director
Sharon Prost, Minority Chief Counsel
Makan Delrahim, Minority Staff Director
C O N T E N T S
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STATEMENTS OF COMMITTEE MEMBERS
Durbin, Hon. Richard J., a U.S. Senator from the State of
Illinois....................................................... 1
Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah...... 3
Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont. 40
Specter, Hon. Arlen, a U.S. Senator from the State of
Pennsylvania................................................... 5
STATEMENTS OF THE NOMINEES
Reyna, Benigno G., Nominee to be Director of the U.S. Marshals
Service........................................................ 7
Questionnaire................................................ 10
Stephens, Jay B., Nominee to be Associate Attorney General....... 43
Questionnaire................................................ 50
SUBMISSIONS FOR THE RECORD
Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa,
statement in support of Jay B. Stephens, Nominee to be
Associate Attorney General..................................... 7
Warner, Hon. John W., a U.S. Senator from the State of Virginia,
statement in support of Jay B. Stephens, Nominee to be
Associate Attorney General..................................... 6
CONFIRMATION HEARING ON THE NOMINATIONS OF JAY B. STEPHENS TO BE
ASSOCIATE ATTORNEY GENERAL AND BENIGNO G. REYNA TO BE DIRECTOR OF THE
U.S. MARSHALS SERVICE
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THURSDAY, SEPTEMBER 20, 2001
United States Senate,
Committee on the Judiciary,
Washington, D.C.
The committee met, pursuant to notice, at 10:35 a.m., in
room SD-226, Dirksen Senate Office Building, Hon. Richard J.
Durbin presiding.
Present: Senators Durbin, Leahy, Hatch, and Specter.
STATEMENT OF HON. RICHARD J. DURBIN, A U.S. SENATOR FROM THE
STATE OF ILLINOIS
Senator Durbin. The committee will come to order.
Chairman Leahy has called today's hearing on an expedited
basis for nominations received recently from the
administration. Given the terrible events of the last week, it
is important that we move forward with the nominations of two
critical appointments that we have before us today: the
President's choices to head the U.S. Marshals Service and to
serve as the third highest-ranking official at the Department
of Justice, the Associate Attorney General.
Last Thursday, the committee considered the nomination of
John Gillis, to head the Justice Department's Office for
Victims of Crime, as well as a dozen United States Attorneys
whose paperwork we expedited. The Senate confirmed them all
last week, along with another nominee from Texas to head the
Bureau of Justice Assistance within the Department.
I am proud of the way that this committee and the Senate
have responded to the circumstances facing our Nation and the
support we have been able to provide to the administration at
this difficult time. This hearing tries to continue that
effort.
I welcome our nominees and thank them for their
cooperation. I especially want to thank Chief Reyna, who flew
here on short notice from Texas. Chief Reyna is the President's
nominee to direct a crucial component of our Federal law
enforcement network, the United States Marshals Service.
The Service was created more than 200 years ago by the
first Congress in the Judiciary Act of 1789, the same
legislation that established the Federal judicial system. Our
Marshals and Deputy Marshals support and protect the Federal
courts around America. They also track fugitives, transport
Federal prisoners, and maintain seized assets. In the last 10
days, the U.S. Marshals Service has played a pivotal role in
the largest criminal investigation in our Nation's history. I
commend the 4,000 Deputy Marshals across the Nation, along with
the Acting Director of the Service, Louie T. McKinney, and all
of the Acting U.S. Marshals for their continuing dedication and
sacrifice.
Since 1976, Chief Benigno Reyna has worked for and headed
the police department of Brownsville, Texas, where he served as
chief from 1995 until his retirement this past May. During his
tenure at the department, he participated in a remarkable
collaboration between the Brownsville community and the
adjacent city of Matamoros, located across the Mexican border.
The two communities have worked together to establish policies
on cross-border arrests and the extradition of minors to their
home country of Mexico or the United States.
Because of Brownsville's unique geographical location at
the U.S. border, there is considerable interaction between the
Brownsville police and Federal law enforcement agencies, such
as the DEA, the FBI, and the Border Patrol. In December 1999,
the Brownsville Police Department became the third site in the
United States to implement a multi-agency wireless radio
interoperability communications system. This system allows for
field unit-to-unit communications between Brownsville police
and Federal law enforcement agencies. I am sure that Chief
Reyna will discuss the success of this program.
The second nominee this morning is Jay Stephens to serve at
the Department of Justice, who will serve beneath the U.S.
Attorney General and Deputy Attorney General. Before joining
the private sector in 1992, Mr. Stephens served as a Federal
prosecutor, a deputy counsel to President Reagan, and a top
aide in the Justice Department under both Deputy Attorney
General and Associate Attorney General. From 1988 to 1993, the
nominee was U.S. Attorney for the District of Columbia,
managing the largest U.S. Attorney's office in the country.
The position of Associate Attorney General has always been
important, and it is especially important today. Among the many
duties of the Associate Attorney General are oversight
responsibility for the Civil Rights Division and the Office of
Justice Programs, which include the Office for Victims of Crime
and our Federal assistance programs to policemen, firemen, and
other public safety officers.
In response to the devastation we witnessed as a Nation on
September 11, the Office for Victims of Crime is assisting many
victims and their families. The resources for our victims
assistance and counseling programs, as well as the Federal
contribution to State and national assistance and compensation
programs, are essential.
The Civil Rights Division, which plays an important role in
the lives of all Americans, will have a special role in helping
the FBI and local authorities ensure the rights of Arab
Americans and individuals of the Muslim faith in these tense
times. It bears repeating, as the President has spoken to us,
that no one should become a target of hate or discrimination
because of their religion, nationality, or ethnic background.
The Office of the Associate Attorney General also has
responsibility for the Antitrust Division, the Civil Division,
the Tax Division, and the Environment and Natural Resources
Division. The next Associate Attorney General will have to make
a number of difficult decisions that require the full
confidence and trust of Congress and the American people.
That person will also oversee the Department's efforts to
seek reimbursement from the tobacco industry for billions of
dollars of health-related expenses shouldered by American
taxpayers and families. The Associate Attorney General will
help to prosecute the Government's antitrust lawsuits as well.
He will bear responsibility for protecting our citizens from
environmental harm--a substantial responsibility.
Before calling the two witnesses to the table, I would like
to invite my colleagues, Senator Hatch and Senator Specter, to
make their opening remarks.
STATEMENT OF HON. ORRIN G. HATCH, A U.S. SENATOR FROM THE STATE
OF UTAH
Senator Hatch. Thank you, Mr. Chairman. It is both an honor
and a pleasure to welcome both of these two excellent people to
our committee. Both have excellent experience that is very,
very much appreciated by myself and other members of the
committee. Both are good men, backed by good women, and both
have the experience to be able to do these two jobs in ways
that will make America proud.
I have an awful lot of kind remarks to say about both of
you, but I think I would just put those in the record at this
particular point and thank you both for your willingness to
serve. In this day and age, it is not always easy to find the
best people to come in and serve, but I think this
administration has been doing a very good job of doing that,
and I commend all of those who are willing to take cuts in pay
and to do the work of the public in public serve that both of
you are now going to be able to do. We hope that we can get
your confirmations through rather quickly so that you can both
take your places in these very, very important jobs.
Mr. Reyna, this job you have is an extremely important one.
I have worked rather closely with the U.S. Marshals Service
over the years and appreciate the heroic work that most all of
them do. You come very highly recommended and you will have a
great friend in me, and I think others on this committee.
Jay Stephens, I have known you for a long time. You have
been a person of utmost integrity and ability, and I personally
am just very pleased that you have been willing to come out of
the private sector, where I know you are compensated much more
handsomely, to work for the public in one of the most important
jobs in Justice and the world. We appreciate your wife and your
children, and, Mr. Reyna, your wife and family for being
willing to make the sacrifices that are necessary for you to do
these jobs in a way that will bring credit not only to you but
to our country and your families.
So I just want to thank both of you for being willing to
serve, and I will put my further remarks about your sterling
accomplishments and abilities into the record at this point.
Thank you, Mr. Chairman.
[The prepared statement of Senator Hatch follows:]
Statement of Hon. Orrin G. Hatch, a U.S. Senator from the State of Utah
on the Nominations of Jay B. Stephens to be Associate Attorney General
and Benigno G. Reyna to be Director of the United States Marshals
Service
It is both an honor and a pleasure to be here this morning with two
extremely well-qualified nominees for important positions in the
Department of Justice. I congratulate the two of you on being selected
by President Bush to serve in high office. And I know that, due tot he
events of last week, the Department needs your service more than ever.
You will begin your jobs during a time of great need for diligent hard
work. After reviewing your distinguished records, I have no doubt that
you will do great service to the citizens of this country upon
confirmation.
Our nominee for the position of Associate Attorney General is Jay
Stephens. This position is critical to the operation of the Justice
Department. Its responsibilities include not only advising the Attorney
General and Deputy Attorney General on broad range of issues, but also
supervising many important components of the Department, including the
Antitrust, Civil, Civil Rights, Tax, and Environmental and Natural
Resources Divisions.
Mr. Stephens is no stranger to DOJ, having first worked there in
1974 as an Assistant Special Prosecutor for the Watergate Special
Prosecution Force. He subsequently served as an Assistant U.S. Attorney
in the D.C. U.S. Attorney's Office, then in a number of leadership
positions at DOJ during the Reagan Administration. In 1988, he returned
to the D.C. U.S. Attorney's Office to assume the top job of United
States Attorney during the Bush Administration.
But Mr. Stephens's impressive legal experience is not limited to
DOJ. He was a partner at Pillsbury, Madison & Sutro (now Pillsbury
Winthrop), one of the nation's preeminent law firms. At present, his
legal talent benefits Honeywell International, where he is Corporate
Vice President & Deputy General Counsel. Mr. Stephen's wealth of
experience with both civil and criminal litigation, as well as his
familiarity with the operation of DOJ at myriad levels, will serve him
well in the position of Associate Attorney General.
Out other nominee, Ben Reyna, is also highly qualified for the
position to which he has been nominated: Director of the U.S. Marshals
Service. The Marshals Service is critical because it:
Provides security for the nation's approximately 800
federal judicial facilities;
apprehends the majority of Federal fugitives;
operates the Federal Witness Security Program;
maintains custody of federal prisoners and handles
their transportation;
executes court corders and arrest warrants; and
responds to emergencies including terrorist incidents
and other crisis situations.
Mr. Reyna has achieved--during his 25-year in law enforcement--just
the kind of broad and deep experience in modern police practices needed
for this job. Mr. Reyna served as Chief of Police in the city of
Brownsville, Texas for 6 years--after working up the ranks from Police
Cadet, Patrolman, Sergeant, Lieutenant, and Commander. He led a police
department of 233 sworn police officers in confronting the widest
variety of law enforcement issues handled by police departments in our
country. With Brownsville's proximity to an international border and a
Mexican city with a population of 700,000, Mr. Reyna has been
responsible for everything from drug interdiction to the annual spring
break migration of approximately 40,000 students per week who cross the
border to purchase alcohol. One of his most profound accomplishments is
obtaining very close cooperation with a variety of United States
agencies as well as the authorities in Mexico. Mr. Reyna has also
served as the City of Brownsville Emergency Management Coordinator,
responsible for operations plans for weather-related incidents and
other hazardous situations.
Again, it is a great pleasure to welcome both of you to the
Committee. I look forward to this hearing, and to working with Chairman
Leahy and others to make sure the Committee and the full Senate hold
timely votes on you nominations.
Senator Durbin. Thank you, Senator Hatch.
Senator Specter, do you have an opening statement?
STATEMENT OF HON. ARLEN SPECTER, A U.S. SENATOR FROM THE STATE
OF PENNSYLVANIA
Senator Specter. Yes. Thank you, Mr. Chairman.
I commend the chairman for moving ahead with these two
nominations to try to put the full team in place to handle the
very difficult problems which we are facing today. I believe it
is necessary for the committee and the full Senate and the full
Congress to act expeditiously on many issues which are pending.
Just a word or two, and I shall communicate this directly
to the chairman as well. It is my hope that we will move ahead
very promptly on the package presented by the Attorney General
yesterday on wiretaps and search and immigration issues.
The Attorney General said that he would like to have the
legislation enacted this week. I think that is not doable. To
have it presented in an outline form on Wednesday and to start
discussions is asking too much for the Congress to respond on
the kinds of complicated issues which are involved here which
impact very directly upon constitutional rights, recognizing
the importance of prompt action so that the executive branch
can have in place what it needs.
It would be my hope that we would be holding hearings on
this subject before this week is up. This is Thursday morning.
It is a busy week. Many of our colleagues are on their way to
New York, and many of us stayed back to handle pressing issues.
This hearing is important. The Appropriations Subcommittee on
Transportation will be hearing from Secretary Mineta this
afternoon on what is going to happen with the airlines and many
other important issues. And, of course, it is not business as
usual.
Senator Hatch and I had a chance before yesterday's meeting
to talk very briefly to Attorney General Ashcroft, and it was
our hope that we might have gotten the Deputy Attorney General
or the Assistant Attorney General for Criminal or the Assistant
Attorney General for Legal Counsel up to start to discuss this
legislative package so that we could have fairly prompt action.
When you talk about some of the emergency provisions to try
to give special agents-in-charge at the FBI authority to apply
for emergency warrants, a preliminary review suggests to me
that we ought to be having U.S. Attorneys do that. The Attorney
General has already said he is going to have each U.S. Attorney
have its own task force--we moved in Philadelphia to have the
U.S. Attorney sworn in on an expedited basis on Monday--or some
of these provisions on immigrants perhaps to have a sunset
provision so that they are not permanent, and see how they work
where we have an opportunity for greater legislative analysis.
But the point is that this committee has had a lot of
experience in the field. The chairman was vice chairman of the
Intelligence Committee in the mid-1980s. Senator Hatch serves
on the Intelligence Committee. Senator Durbin has had extensive
experience in the field. I have had some chairing the
Intelligence Committee, on this committee, and in the
prosecutorial role.
So it is my hope--and staff will hear this and, as I say, I
will communicate directly with Chairman Leahy--that we might
move ahead. We are not going to act precipitously, but we ought
to act expeditiously.
I wanted to make those few comments at this time. Thank
you, Mr. Chairman.
Senator Durbin. Thank you, Senator Specter, and I would
like to join in. There were many of us who hoped that we could
go to New York as well, but we have important business here and
part of it relates to the two nominees who are before us today.
Our hearts are with our colleagues who are up there viewing the
tragic scene.
I might also say that I was advised that the Attorney
General's proposed changes were received yesterday afternoon.
They are substantial and we want to make certain that we move
expeditiously, but take some care to make certain that we don't
make decisions we might regret at some later time.
I think your recommendation of early hearings is an
excellent one and I hope that Senator Leahy will be able to
move forward on that quickly.
Now, we have statements which will be made part of the
record from Senators--Senator Hutchison, on behalf of Mr.
Reyna, as well as Senator Warner, on behalf of Mr. Stephens,
and Senator Grassley. Without objection, they will be made part
of the record.
[The prepared statement of Senator Warner follows:]
Statement of Hon. John Warner, a U.S. Senator from the State of
Virginia, on the Nomination of Jay B. Stephens to be a U.S. Associate
Attorney General
Chairman Leahy, Senator Hatch, and my other distinguished
colleagues on the Senate's Judiciary Committee, I am pleased to
introduce to you today Jay Stephens, who has been nominated to serve as
Associate Attorney General in the United States Department of Justice.
The Office of the Associate Attorney General advises and assists
the Attorney General and the Deputy Attorney General in formulating and
implementing policies and programs pertaining to justice, federal and
local law enforcement, and public safety matters.
The Associate Attorney General also oversees several DOJ
components, including the antitrust division, the civil division, the
civil rights division, and the violence against women's office, to name
only a few.
Mr. Chairman, I have known Mr. Stephens for several years as a
result of his many years of public service in Washington, D.C. and from
his many years as a Virginia resident. I am confident that Jay Stephens
will serve as an excellent Associate Attorney General.
Jay Stephens has extensive experience in the Justice Department.
From 1977-1981 he served as an Assistant United States Attorney for the
District of Columbia. From 1981-1985, Mr. Stephens held several
positions in the Department of Justice, including Principal Associate
Deputy Attorney General.
In March of 1988, while he was serving as Deputy Counsel to
President Reagan, President Reagan appointed Mr. Stephens to serve as
United States Attorney for the District of Columbia, a position he
served in until 1993.
Since leaving public service in 1993, Jay Stephens has worked as a
partner in the Washington, D.C., law firm of Pillsbury, Madison & Sutro
and as corporate vice president and deputy general counsel of
Honeywell.
Clearly, Mr. Stephens has extensive professional experience that
makes him highly qualified to serve as Associate Attorney General for
the Justice Department. He has dedicated a large portion of his career
to public service, and I am thankful for his willingness to serve our
country once again.
[The prepared statement of Senator Grassley follows:]
Statement of Hon. Charles E. Grassley, a U.S. Senator from the State of
Iowa on the Nomination of Jay B. Stephens to be Associate Attorney
General
It is my pleasure to introduce Jay Stephens, a distinguished Iowan
who has been nominated to serve as Associate Attorney General at the
Justice Department. Jay Stephens was born in Akron, Iowa, graduated
from Harvard College in 1968 and Harvard Law School in 1973. He is
married to Julie Marie Stephens, and has four children. Mr. Stephens
brings exemplary experience and knowledge to the position of Associate
Attorney General, and he will be a tremendous asset for the Justice
Department.
Mr. Stephens began his legal career as a law firm associate, and
then served as an Assistant Special Prosecutor for the Watergate
Special Prosecution Force. In 1976, he was appointed as an Associate
General Counsel for the Overseas Private Investment Corporation.
From 1977 to 1981, Mr. Stephens served as an Assistant United
States Attorney for the District of Columbia in Washington, D.C. In
1981, he joined the Department of Justice as Counsel to the Assistant
Attorney General of the Criminal Division and as Principal Associate
Deputy Attorney General. During both of these positions, he served on
the FBI's Undercover Operations Review Committee.
From 1986 to 1988, Mr. Stephens had the privilege to serve as
Deputy Counsel to the President, where he was responsible for providing
advice and counsel to the President and senior White House staff on a
wide range of legal and policy issues. He was the principal liaison to
the Secret Service and the FBI on White House and Presidential
appointment matters, as well as the White House liaison to the
Department of Justice through the Deputy's office and the Office of
Legal Counsel.
For the next five years, Mr. Stephens continued to serve in a
senior-level position as an United States Attorney for the District of
Columbia. From 1993 to 1997, he served as a co-managing partner of a
large international law firm, and from 1997 to the present, he has
served as a senior legal officer at Honeywell International.
Jay Stephens has had a truly impressive career. He has shown
exceptional public service and responsibility, and has demonstrated
stellar credentials and legal expertise. So it is with great respect
and admiration that I commend Jay Stephens to the Committee for your
favorable recommendation. I hope that the Judiciary Committee and the
full Senate will move to confirm Jay Stephens promptly. We need as many
good men and women in positions of leadership in law enforcement and
justice administration, particularly in the wake of the cowardly
attacks on the World Trade Center and the Pentagon.
Senator Durbin. I would like to ask Mr. Reyna if he would
please come forward for the administration of the oath.
Do you swear that the testimony you are about to give
before the committee will be the truth, the whole truth and
nothing but the truth, so help you God?
Mr. Reyna. I do.
Senator Durbin. Mr. Reyna, thank you very much for joining
us today, and if you would be kind enough to introduce your
family that has joined you and make your statement.
STATEMENT OF BENIGNO G. REYNA, NOMINEE TO BE DIRECTOR OF THE
UNITED STATES MARSHALS SERVICE
Mr. Reyna. Thank you, Mr. Chairman. Mr. Chairman,
distinguished committee members, I am honored for the
opportunity to appear before you. My wife, Maria, my strongest
supporter, is accompanying me today. Our sons were looking
forward to being here and would have been most honored to
appear before this distinguished panel, but were unable to
attend due to the short notice of the trip and their necessary
attendance in school.
My opening statement will be brief so that I may answer
your questions and address any specific matters that may be of
concern to you. But I want to begin by highlighting the words
that are inscribed in the walls of a memorial that pays tribute
to the many law enforcement officers that have lost their lives
in the line of duty.
In dedicating the National Law Enforcement Officers
Memorial a few blocks from where we are today, President George
Bush observed 10 years ago that, and I quote, ``Carved on these
walls is the story of America, of a continuing quest to
preserve both democracy and decency, and to protect a national
treasure that we call the American dream.''
As we move forward from September 11, 2001, as a stronger
Nation, these words serve as a permanent reminder of who we are
and our greater purpose as public servants. I am honored by
President George W. Bush's nomination as Director of the United
States Marshals Service, and I thank you for the opportunity to
appear before you so promptly.
As the first Federal law enforcement agency created in this
country, the United States Marshals Service is an integral part
of the American story. The tradition of service and leadership
is as rich as that of our great Nation. The men and women of
the United States Marshals Service deserve great credit for
maintaining the efficient and secure operations of the Federal
judiciary. Security and integrity of our Nation's judicial
process will be critical in maintaining public confidence.
The investigative assets of the United States Marshals
Service that effectively protect witnesses and apprehend
fugitives are legendary. The success draws from a tradition of
effective cooperation with Federal, State and local law
enforcement agencies. I have seen firsthand in my 25 years of
policing the effectiveness and efficiency of working as a law
enforcement team. The United States Marshals Service is widely
regarded in law enforcement as a reliable and valued partner.
Now more than ever, interagency cooperation must be embraced
and practiced as we face formidable public safety challenges.
We as a Nation are facing unprecedented challenges that
call upon the United States Marshals Service for extraordinary
service. I have no doubt that the Marshals Service will rise to
meet such challenges just as it has in the last 212 years.
The role of law enforcement will be critical as we confront
a new kind of national enemy and their support systems. The
United States Marshals Service will be a leading agency in
maintaining public confidence and security as Federal, State
and local agencies work side by side in identifying and
bringing to justice those individuals and organizations that
attack freedom and human progress.
Mr. Chairman and distinguished members, if confirmed as the
Director of the United States Marshals Service, I will build
upon the great strengths of the Service. The United States
Marshals Service will respond to these challenges in its finest
tradition of service and leadership.
Although we are facing uncharted dimensions of national
threat, the constitutional foundations of our freedom and
democracy will guide my leadership of the United States
Marshals Service. We can never lose sight of these principles
that define America and inspire the American dream.
Thank you, and I will be happy to address any questions.
[The prepared statement and biographical information of Mr.
Reyna follow.]
Statement of Benigno G. Reyna, Nominee to be Director of the U.S.
Marshals Service
Mister Chairman, distinguished committee members, I am honored for
the opportunity to appear before you. My wife Maria, my strongest
supporter, is accompanying me today. Our sons were looking forward to
being here and would have been most honored to appear before this
distinguished panel, but were unable to attend due to the short notice
of this trip and their necessary attendance at school.
My opening statement will be brief so that I may answer your
questions and address any specific matters that may be of concern to
you.
I want to begin by highlighting the words that are inscribed in the
walls of a memorial that pays tribute to the many law enforcement
officers that have lost their lives in the line of duty. In dedicating
the National Police Memorial a few blocks from where we are today,
President George Bush observed some ten years ago that ``Carved on
these walls is the story of America,--of a continuing quest to preserve
both democracy and decency,--and to protect a national treasure,--that
we call the American Dream.'' As we move forward from September 11,
2001, as a stronger nation, these words serve as a permanent reminder
of who we and our greater purpose as public servants.
I am honored by President George W. Bush's nomination as the
Director of the United States Marshals Service. Thank you for the
opportunity to appear before you so promptly.
As the first federal law enforcement agency created in this
country, the United States Marshals Service is an integral part of the
American story. The tradition of service and leadership is as rich as
that of our great nation. The men and women of the United States
Marshals Service deserve great credit for maintaining the efficient and
secure operations of the federal judiciary. Security and integrity of
our nations judicial process will be critical in maintaining public
confidence. The investigative assets of the United States Marshals
Service that effectively protect witnesses and apprehend fugitives are
legendary. The success draws from a tradition of effective cooperation
with federal, state, and local law enforcement agencies. I have seen
first hand, in my twenty-five years of policing, the effectiveness and
efficiency of working as a law enforcement team. The United States
Marshals Service is widely regarded in law enforcement as a reliable
and valued partner. Now more than ever, interagency cooperation must be
embraced and practiced as we face formidable public safety challenges.
We as a nation are facing unprecedented challenges that call upon
the United States Marshals Service for extraordinary service. I have no
doubt that the Marshals Service will rise to meet such challenges, as
it has for almost 212 years. The role of law enforcement will be
critical as we confront a new kind of national enemy and their support
systems. The United States Marshals Service will be a leading agency in
maintaining public confidence and security as federal, state and local
agencies work side by side in identifying and bringing to justice those
individuals and organizations that attack freedom and human progress.
Mr. Chairman and distinguished members, if confirmed as Director of
the United States Marshals Service, I will build upon the great
strengths of the Service. The United States Marshals will respond to
these challenges in its finest tradition of service and leadership.
Although we are facing uncharted dimensions of national treat, the
Constitutional foundations of our freedom and democracy will guide my
leadership of the United States Marshals Service. We can never loose
sight of these principles that define America and inspire--``the
American Dream.''
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Senator Durbin. Thank you very much for your testimony, and
I notice not only your 25 years of service, but also a lot of
community activity, too, supporting children's projects. I
think that is very commendable on your part.
It also says that you are a native of Brownsville. Is that
correct?
Mr. Reyna. Yes, Senator.
Senator Durbin. And a first-generation American, is that
correct?
Mr. Reyna. Yes, sir, I am.
Senator Durbin. And your parents came from--
Mr. Reyna. Mexico.
Senator Durbin. Let me ask you this question. It probably
is something that no one would have even thought of 10 days
ago, but have you reflected on the possibility of a new role
for the U.S. Marshals service relative to either the sky
marshals, air marshals, that we have talked about or other
counter-terrorist activities?
Mr. Reyna. Mr. Chairman, I have no doubt that the United
States Marshals Service can rise to a leadership role in
dealing with this very serious national threat that is upon us.
I think that over the last few days the United States Marshals
have already responded to the needs that are facing our
country.
Senator Durbin. And, of course, there will be a new level
of heightened security because of what we have been through and
the Marshals will be on the front line when it comes to
protecting many of the important resources of our law
enforcement system.
In your past work as chief in Brownsville, have you worked
directly with Federal agencies?
Mr. Reyna. Yes, sir, quite extensively. One of the things
that we are very proud about in our area is that we view
ourselves as a law enforcement team. If there are any issues
within the community, it is not the Bureau's problem or the
Drug Enforcement Administration's problem. It is our problem,
and we have been able to work on many fronts, very many special
programs, and certainly have been able to deal with a lot of
the sensitive issues that arise in and around a border.
Senator Durbin. Thank you.
Senator Hatch, I don't know if you have any questions of
this witness, but I will give you this opportunity.
Senator Hatch. Well, let me just say, as I would have
mentioned in my opening statement, the police department in the
city of Brownsville is confronted by some unique issues, in
addition to those typical of comparably sized cities in the
United States.
Brownsville location, immediately adjacent to a much larger
city across the border in Mexico, presents law enforcement
issues that are not within the city's jurisdiction, but
nevertheless are important to the residents of Brownsville.
I know that you and your police department have worked
closely as a partner with the various U.S. Federal law
enforcement agencies, as well as Mexican officials. Would you
please explain your views on the importance of cooperative law
enforcement and tell us whether you see any ways to improve the
way the Marshals Service cooperates with the many agencies with
which it has contact and works?
Mr. Reyna. Thank you, Senator Hatch. Interagency
cooperation, I think, is of utmost importance. I think one of
the most fundamental principles, I guess, that we first must
recognize within law enforcement is that we are public
servants, and as such we need to extend beyond those
limitations that perhaps we have just by simple policing
structures.
There is no doubt, and from personal experience, we have
seen tremendous results in these cooperative efforts in all
areas. In our particular area, obviously we have the United
States Border Patrol, the Immigration and Naturalization
Service, the Agriculture Department, a lot of other departments
that perhaps other cities don't have to have perhaps daily
operations with.
One of the things that we have found is that in order for
us to maximize our resources and meet the ever-changing public
demand is to share local assets with the Federal agencies. And
it goes beyond personnel. It includes equipment, and more
importantly it includes working together and defining certain
policies that will protect and make a safer community.
We have dealt with many issues, including issues from high-
risk incidents involving education, all the way to border
issues. And I am certainly proud to say that all Federal
agencies have been very supportive. The United States Marshal
has a special program that we work with. They are right across
the street from the Brownsville Police Department and have also
played a vital role in improving the safety and welfare of our
community.
Senator Hatch. Thank you. In addition to your duties as
Chief of the Brownsville Police, you have served as a
commissioner with the Texas Commission on Law Enforcement
Officer Standards and Education. As I understand it, the
Commission is the State's regulatory, licensing and
policymaking body for public safety which oversees
approximately 55,000 peace officers. The Commission's goal is
to improve the law enforcement profession by developing and
administering professional standards.
Do you think your experience on the Commission will be of
help to you as the Director of the Marshals Service, and do you
have any ideas as to how to keep or even improve upon the high
professional standards that we have come to expect of the
Marshals Service?
Mr. Reyna. Senator Hatch, the Texas Commission on Law
Enforcement--traditionally, though it is a regulatory agency,
its biggest purpose and mission was to raise the bar within the
law enforcement profession, and has done a tremendous job of
doing that.
Texas is a very large State, with about approximately, as
you indicated, 55,000 licensed peace officers. But the Texas
Commission on Law Enforcement also licenses and regulates the
police academies, and is also a support unit for our
legislature in trying to develop programs that will assist
local law enforcement agencies.
One of the biggest focuses that we had was supporting the
small police department, the 3- or 4-man police department, to
one of the country's largest police departments. And it is
through that experience that certainly I attained there, and
certainly from all my colleagues, that certainly gives me the
ability to understand the different needs, and more importantly
the changing needs and demands, and being able to develop an
agency that is certainly structured to be willing to adapt to
our changing needs. Currently, we have one of those changing
needs before us as we go beyond last week.
Senator Hatch. Well, great. I am really thrilled with your
appointment. I am happy to support you and I hope we can get
you through as quickly as possible.
That is all I have, Mr. Chairman.
Senator Durbin. Thank you, Senator Hatch.
Mr. Reyna, thank you very much for joining us today. There
may be some questions submitted by other members of the panel
who couldn't be here this morning. I know that Senator Leahy is
also going to--well, here comes Senator Leahy just as I speak.
Staff had advised me he was going to try to make it to say his
words of greeting.
STATEMENT OF HON. PATRICK J. LEAHY, A U.S. SENATOR FROM THE
STATE OF VERMONT
Chairman Leahy. Yes, thank you, and I thank Senator Hatch.
I was just talking with Senator Specter, who I know is outside,
who has been on this.
Chief, good to have you here. We have all been trying to do
about five different things. We are trying to move quickly
forward. Senator Hatch and Senator Specter and I met with the
Attorney General yesterday. I think he was beginning to think I
was the next thing to a house guest. Over the weekend, we met a
number of times at the Department of Justice, and talked
several times a day by phone.
We have been meeting. We have a series of pieces of
legislation, I would just advise my colleagues, that the
Attorney General and I and others have been working on. We have
found ourselves in basic agreement on a number of the pieces of
it and have tried to work on others.
I know that some of the leadership in both the Republican
leadership and Democratic leadership in the House have some
problems with some parts of it. We are going to try to resolve
much of that. Our staffs will be working throughout the weekend
on this. We have just gotten a working draft from the
Department of Justice and we are going through it line by line
with proposals that I have made and other Senators have made
from other committees. We are working those things out and will
throughout the weekend.
I have cancelled plans to leave town this weekend just to
stay and be available to work on this. I would encourage all
Senators who can to stay here this weekend or stay available
this weekend to work on this. The Attorney General will be
before the committee on Tuesday of next week to outline the
plans. I hope we can discuss at that point a number of areas in
which we are in agreement. I suspect there will be far more
areas of agreement than disagreement.
The Republican Leader in the Senate suggested that he
thought very expeditiously would be a couple of weeks, knowing
that it took us two months after the Oklahoma City bombing to
do it. We are all committed to move as quickly as we can. There
are so many things, though, that are in the works and that we
already can do.
I know, Chief, you work with the local Mexican authorities
and Federal law enforcement agencies--Border Patrol, FBI, DEA.
We have a program called Northstar. It is an intelligence-
swapping network between U.S. and Canadian local police,
customs officials and prosecutors. The Attorney General gave
his approval for the program when he visited Ottawa, and I
would hope that you and the Marshals Service would be
supporting that and helping to make that project work. For
those of us who live along the northern border, it is very
important to us.
Mr. Reyna. I certainly look forward to working with that
program, Mr. Chairman.
Chairman Leahy. Thank you, and I would also urge that we
move expeditiously in getting local Marshals up here. My
understanding is that we have not received a single nomination
for U.S. Marshals for any of the States or districts.
Your papers came up here last week. I told the Attorney
General we would move far faster than normally--in fact, we had
another hearing scheduled this morning--to move you forward so
that we can get you in place. We are going to try to get a
number of others for the Justice Department in place as quickly
as possible.
But please tell them, if we are going to have new Marshals
in all of the States, to get those names up here as quickly as
possible. I have no idea how long the Senate will be in session
this year and we want to move forward as quickly as we can.
I thank Senator Durbin for coming here to do this, and
Senator Hatch and Senator Specter. I thought when we finished
maybe the four of us could chat out back.
[The prepared statement of Senator Leahy follows:]
Statement of Hon. Patrick J. Leahy, a U.S. Senator from the State of
Vermont on the Nominations of Jay B. Stephens to be Associate Attorney
General and Benigno G. Reyna to be Director of the United States
Marshals Service
I have called this hearing on an expedited basis for nominations
received only last week from the Administration. Given the terrible
events of the last week, I thought it important that we move forward
with the nominations of two critical appointments that we have before
us today, the President's nomination to head the United States Marshals
Service and to serve as the third-highest ranking official at the
Department of Justice, the Associate Attorney General.
I welcome our nominees and thank them for their cooperation. I
would especially like to thank Chief Reyna, who flew here all the way
from Texas. Last week, the Committee proceeded with the nomination of
John Gillis to head the Office for Victims of Crime, as well as with a
dozen United States Attorneys whose paperwork we insisted be expedited.
The Senate confirmed them all last week, along with another nominee
from Texas to head the Bureau of Justice Assistance within the
Department of Justice. I am proud of the way this Committee and the
Senate have responded to the circumstances of the last week and the
support we have been able to provide to the Administration. This
hearing continues that effort.
The position of Associate Attorney General has always been
important, but it is especially so in light of the recent attacks on
innocent Americans. Among the many responsibilities of Associate
Attorney General are supervisory responsibility for the Civil Rights
Division at the Department of Justice and of the Office of Justice
Programs, which includes the Office for Victims of Crime and, I believe
our federal assistance programs to policeman, fireman and other public
safety officers and their families injured or lost in the line of duty.
The Civil Rights Division, which plays an important role in the
lives of all Americans, will have a special role in helping the FBI and
local authorities ensure the rights of Arab-Americans. No one should
become a target of hate or discrimination because of their religion,
nationality or ethnic background. In response to the devastation we
witnessed as a nation on September 11, the Office of Victims of Crime
is assisting many victims and their families. The resources for our
victims assistance and counseling programs, as well as the federal
contributions to State and national assistance and compensation
programs, are essential to ongoing efforts to provide support to those
victimized last Tuesday.
Following the leadership of Senator Clinton, the Senate has already
indicated ways in which we can improve benefits to the families of
public safety officers and I want to work with the Attorney General to
streamline and improve those benefits.
The Office of the Associate Attorney General also has
responsibility for the Antitrust Division, the Civil Division, the Tax
Division, and the Environmental and Natural Resources Division. We are
beginning to see and formulate legislative proposals that will call
upon the expertise and capacities of all these components of the
Department of Justice. Until now, the Attorney General and Deputy
Attorney General have had a number of Assistant Attorneys General on
whom to rely but no nominee to serve as the Associate. It was not until
September10 that the Senate received Mr. Stephens' nomination. We have
all worked together to expedite the paperwork necessary to consider
this nomination and today, at our first opportunity to hold this
hearing, we are prepared to proceed.
Before joining the private sector in 1993, Mr. Stephens held the
positions of Deputy Counsel to President Reagan, Associate Deputy
Attorney General, Deputy Associate Attorney General, Counsel to the
Assistant Attorney General for the Criminal Division, United States
Attorney for the District of Columbia, and Assistant United States
Attorney for the District of Columbia.
The person who fills the position of Associate Attorney General not
only needs the full confidence of the President, the Deputy Attorney
General and the Attorney General; he also needs the confidence and
trust of the Congress and the American people. We all look to the
Department of Justice to ensure even-handed law enforcement and
protection of our basic constitutional rights--including freedom of
speech, the right to privacy, a woman's right to choose, freedom from
government oppression, and equal protection of the laws. The leadership
at the Department of Justice plays a critical role in bringing the
country together, bridging racial divisions, and inspiring people's
confidence in their Government. I cannot remember a more challenging
time for the Department of Justice. All of us are pulling together and
the Associate Attorney General will play a key role in the weeks and
months ahead.
I have already made reference to Chief Benigno Reyna. Chief Reyna
is the President's nominee to direct a crucial component of our federal
law enforcement family, the United States Marshals Service. The United
States Marshals Service was created more than 200 years ago by the
first Congress in the Judiciary Act of 1789, the same legislation that
established the federal judicial system. It is the federal law
enforcement agency with the longest history and it possesses a storied
record of achievements. Our Marshals now support and protect the
federal courts around the country and carry out the orders issued by
judges. They also assist in the enforcement of laws written by Congress
and signed by the President.
Over the past 200 years, Congress and the President have called on
the Marshals to carry out a myriad of important law enforcement
missions, and we are calling on them again. I know that Deputy Marshals
from Vermont, for example, are helping with operations in Vermont and
in other parts of New England to ensure airport security and to protect
government operations and all Americans. Although the Senate did not
receive the President's nomination of Chief Reyna until September 12,
we are proceeding as expeditiously as we can.
I do not intend for this proceeding today to indicate anything but
support for the Department of Justice and the United States Marshals. I
thank the Acting Director of the United States Marshals Service, Louie
T. McKinney, and all of the acting United States Marshals and Deputy
Marshals from around the country for their service in the past
difficult days and for their continuing dedication and sacrifice.
Since 1976, Benigno Reyna has worked for and headed the Police
Department of Brownsville, Texas, where he served as Chief from 1995
until his retirement this past May. During his tenure at the
Department, he participated in a remarkable collaboration between the
Brownsville community and the adjacent city of Matamoros, located
across the Mexican border. The two communities have worked together to
establish policies on cross-border arrests and the extradition of
minors to their home country of Mexico or the United States.
Because of Brownsville's unique geographical location at the United
States border, there is a need for communication between the
Brownsville Police and federal law enforcement agencies, such as the
DEA, the FBI, and the United States Border Patrol. In December, 1999,
the Brownsville Police Department became the third site in the United
States to implement a multi-agency, wireless radio interoperability
communications system. This system allows for field unit to field unit
communications between Brownsville police and federal law enforcement
agencies. I want to hear about that regional law enforcement
communications network they used and work with him to ensure that we
quickly make progress on the longstanding proposal for a better
regional communications along our northern border as well.
Senator Durbin. Thank you.
Senator Specter, do you have any questions?
Senator Specter. I do not have questions. I compliment Mr.
Reyna for the nomination. I note your excellent academic record
and your long experience in law enforcement. I believe you will
be confirmed and, once confirmed, you will have a job which is
traditionally very important and now it is even more important.
I see the work of the Marshals in the three districts in
Pennsylvania and what they do, very significant work on
security for judges, and I am glad to see you with this hearing
and moving forward to be in place to carry out these important
functions.
Good luck.
Mr. Reyna. Thank you, Senator Specter.
Senator Durbin. Thank you, Senator Specter.
Chief Reyna, thanks for joining us today. We appreciate it
very much.
Mr. Reyna. Thank you, Mr. Chairman.
Senator Durbin. Mr. Stephens, can I ask if you will stand
to be sworn?
Do you swear the testimony you are about to give is the
truth, the whole truth and nothing but the truth, so help you
God?
Mr. Stephens. I do.
Senator Durbin. Thank you very much.
Chairman Leahy. If I might interrupt, Mr. Chairman, Mr.
Stephens was one of the nominees specifically that Attorney
General Ashcroft asked if we could expedite and we are trying
to do that.
Senator Durbin. Thank you.
Mr. Stephens, thank you for joining us, and if you would be
kind enough to introduce your family and make your opening
statement.
STATEMENT OF JAY B. STEPHENS, NOMINEE TO BE ASSOCIATE ATTORNEY
GENERAL, DEPARTMENT OF JUSTICE
Mr. Stephens. I would be delighted. Thank you very much,
Mr. Chairman, members of the committee. I am honored to have
the opportunity to appear before you today as you consider my
nomination to serve as Associate Attorney General of the United
States.
I would like to thank the members and your staff for the
courtesies they have extended to me, and I, if confirmed, would
welcome the opportunity to work cooperatively with you to work
on the issues which are of concern to you, the President, and
the people of this country.
I would also like to thank Senator Warner and Senator
Grassley for their statements. I know each of them wanted to be
here today, but they have other important business and I
appreciate their consideration.
I especially appreciate the willingness of the chairman to
schedule this hearing promptly and to move forward promptly on
my nomination at a time when I know the Senate has a lot of
other issues that they need to focus on with regard to the
present crisis. I think this clearly demonstrates your
commitment to help the Justice Department deal effectively with
its current challenges, and if confirmed I would look forward
to assisting the Department and its leadership in any way that
I can.
I would like to introduce my family, in my particular my
wife, who has been a real partner and very supportive as we
have considered the possibility of coming back to public
service. There are some sacrifices involved, as Senator Hatch
has noted.
My children: my daughter Alexandra, who is 5 years old; my
daughter Amanda, who is a senior in high school and 17.
Alexandra just started kindergarten. My daughter, Jessica, who
is in 7th grade, and my son, Jay, who is in 5th grade. They are
delighted to be here to see our Government in action and to
participate in this proceeding this morning.
Let me say, as well, that I come before you, I think, at a
time in our Nation's history when the safety of our people and
the security of our Nation has been challenged by violent acts
of faceless terrorists. This is a time when our Nation has
experienced great pain and sorrow, but this is also a time when
the greatness of America has shown through in the darkness.
We have witnessed acts of kindness and support, we have
seen the pride of being an American, and we have seen the
spirit of our people radiate both courage and compassion. We
frankly have witnessed how much we can do when we work
together.
As I have personally reflected on the events of the past
few days, I have been very inspired by the images and the
sounds of Americans working together. I felt very great pride
in watching a great, diverse people come together as one, and I
tell you I have felt a conviction that this is a time for
personal sacrifice in the public interest.
This is a time when we can work together cooperatively. We
can achieve our common goals and ensure that all our people
live in a free and just society, and it is in that spirit that
I come before you today not just to seek your consent to my
nomination, but if you do confirm, to begin a cooperative
working relationship to meet the challenges ahead to seek a
just, free and safe society for all our people.
During the past 30 years since I finished law school, I
have been blessed with opportunities in both the public and
private sector to contribute to my profession and my country.
As a young lawyer, I served on the Watergate Prosecution Force,
where I gained a deep appreciation for the importance of
preserving the integrity of our institutions of Government and
for that very fragile trust that we must keep between our
leaders and our people.
Later, I had an opportunity to serve for more than 4 years
as an Assistant United States Attorney here in Washington.
There, I saw firsthand the impact which drugs and violence have
on our people and on our neighborhoods. I experienced, I would
say, almost tangibly at times the sense of justice you get when
the rights of victims are vindicated or when a community feels
more secure, or even when you make a judgment not to proceed
against a defendant because of insufficient evidence.
During this service, I had the opportunity to try dozens of
cases, including some of our most difficult homicide cases and
sexual assault cases. What I really learned, besides being, I
hope, I good trial lawyer, was to understand that people must
have confidence in their justice system.
After that, for nearly 5 years I served in the Justice
Department, both as principal deputy in the Associate's office
and as principal deputy in the Deputy's office. There, I had an
opportunity to work on a broad range of issues that impacted
our Nation.
In particular, I helped develop the international reach of
our law enforcement in an effort to deal with offshore criminal
activity, narcotics trafficking and international terrorism. I
also worked to implement a number of new statutes which the
Congress had enacted, provided counsel on a wide variety of
civil and criminal matters, served on the FBI Undercover Review
Committee and on interagency counter-terrorism groups, and
participated in managing the Department and its many
components.
For 2 years, I had the privilege of serving as deputy
counsel to President Reagan, where I was able to provide some
counsel and advice to senior White House staff and to the
President.
Then for more than 5 years, I had the privilege of serving
here as United States Attorney for the District of Columbia,
providing leadership to the largest and most active United
States Attorney's office in our Nation. I was truly honored to
lead a very talented group of inspired men and women who
handled cases across the full spectrum of civil and criminal
jurisdiction.
We had a wide variety of cases and prosecutions during that
period. We undertook an initiative to prosecute drug gangs,
such as the Rayful Edmund organization, and more than a dozen
other such gangs, resulting in more than 350 convictions.
We prosecuted fraud and money laundering cases, and
undertook an initiative to seek affirmative recoveries for
Government program fraud. We prosecuted a number of public
corruption cases involving local and Federal officials, both
appointed and elected, and we prosecuted scores, perhaps even
hundreds of homicide cases and narcotics cases at a time when
the city was facing a real drug and homicide crisis. I
established a sexual assault and child abuse prosecution
section to give these difficult cases special attention, and
developed a domestic violence initiative.
Apropos to current events, during my service as U.S.
Attorney we also undertook a number of international
investigations and prosecutions involving the illegal export of
arms and technology, violence against U.S. citizens overseas,
and international terrorism.
I participated in leading the Pan Am 103 bombing
investigation and the indictment of two Libyan nationals in the
Lockerbie bombing. This investigation was a cooperative effort
with the Department, with law enforcement agencies around the
world, as well as with the intelligence community and State
Department. We also brought to justice individuals responsible
for the assassination of Chilean Ambassador Letellier here in
Washington, and those responsible for bombing the United States
Capitol Building.
But we also sought ways to enhance our local law
enforcement effort during a very critical period when drugs and
violence threatened our Nation's Capital. We developed a series
of legislative proposals to deal with particular issues such as
bail reform, homicide penalties, witness intimidation, car-
jacking, and I worked with our city council to seek their
enactment. In all of this, we worked with a whole range of law
enforcement agencies, Federal law enforcement, local law
enforcement, with a number of Federal agencies, and at times
with international law enforcement.
I have also been blessed to have the opportunity to work in
the private sector, both in private practice first at Wilmer,
Cutler, where I learned a lot from some very talented lawyers,
and later at Pillsbury, Madison and Sutro, where I had the
opportunity to handle both individual clients and corporate
clients in both civil and criminal matters.
Most recently, I have had the opportunity for the last 5
years to serve as Vice President and Deputy General Counsel of
Honeywell, which is a global conglomerate corporation. There, I
have had the opportunity to provide legal leadership for a
variety of areas, including leading our litigation and
regulatory group and our integrity and compliance effort. I
have helped manage a diversified global business. I have
resolved complex commercial, environmental, international
trade, government contract, antitrust, intellectual property,
and product liability cases.
Let me say I bring no personal agenda to the Office of the
Associate Attorney General, except this: First, to seek to
build the trust of the American people in the integrity and the
credibility of their institutions of justice; second, to work
diligently to ensure that our people live in a free society
without fear of violence; third, to provide a level playing
field for our people to pursue their economic and their
personal ambitions; fourth, to remember that we must be good
stewards of our planet for ourselves and our future
generations; fifth, to aggressively enforce the laws which the
Congress has enacted; and finally, and perhaps most
importantly, to act in all things with integrity and in the
spirit of bringing justice to all our people.
Throughout my career, I have been blessed to have worked
with many talented people from whom I have learned much. I
understand that people of diverse backgrounds can see issues
differently, and that we must work diligently to reach
resolutions and solutions that are both fair and credible to
all affected.
I appreciate that there is sometimes an undefined, yet
tangible public interest which infuses our processes and
decisions; that private entities and individuals frequently
have a healthy skepticism of government and perhaps sometimes
believe that government misuses its power; that prosecutorial
authority should be exercised with restraint because of the
impact it can have on people's lives and reputations and
liberty. But I also know that we must vigorously but fairly
enforce the laws which the Congress has enacted for the benefit
of all our people.
Let me say in closing that I have been inspired by the
words of Teddy Roosevelt throughout my career when he said,
``It is not the critic who counts, not the man who points out
how the strong man stumbles, or the doer of deeds could have
done them better. The credit belongs to the man who is actually
in the arena ...''
I have reflected also often on the words of Edmund Burke
which I have shared frequently with young prosecutors as they
came into the office. Burke said, ``The only thing necessary
for the triumph of evil is for good men and women to do
nothing.''
At a time when our Nation faces great challenges, the
strength of our people and the courage of our leaders will
ensure that we remain a free people. By working together in the
arena, we can secure justice for all our people. I trust that
with your cooperation and your confidence, I may contribute in
some small way to the continued vitality of our democracy and
the liberty of our people.
Mr. Chairman, I am truly grateful for the opportunity to
appear before this committee today. I would like to thank the
President and the Attorney General for their confidence in me.
If confirmed, I would look forward to building a relationship
of confidence and trust with this committee as together we work
to promote justice for all.
I would be pleased to try to respond to any questions you
may have.
[The prepared statement and biographical information of Mr.
Stephens follow.]
Statement of Jay B. Stephens, Nominee to be Associate Attorney General
Mr. Chairman and Members of the Committee:
I am honored to have the opportunity to appear before the Judiciary
Committee today as you consider my nomination to serve as Associate
Attorney General of the United States. I would like to thank the
Members of the Committee and your staffs for the courtesies you have
extended to me, and if confirmed, I will welcome the opportunity to
work cooperatively with you on issues which are of concern to you, the
President and the people of this nation.
I especially appreciate your willingness to move forward promptly
on my nomination at a time when the Senate's attentions is focused on
the present crisis. This clearly demonstrates your commitment to help
the Justice Department deal effectively with current challenges. If
confirmed, I look forward to assisting the Department's leadership in
any way that I can.
I would like to take this opportunity to introduce my family.
Joining me here today are my wide, Julie, who has been a real partner
sand very supportive as we have considered the possibility of returning
to public service; my daughter Amanda, who is a senior in high school
my daughter Jessica, who is in the 7th grade; my son, Jay,
who is in 5th grade; and my daughter, Alexandra, who is in
kindergarten.
I come before you at a time in our nation's history when the safety
of our people and the security of our nation have been challenged by
the violent acts of faceless terrorists. This is a time when our nation
is experiencing great sorrow and pain. But this also a time when we
have seen the greatness of America shine through the darkness. We have
witnessed selfless acts of kindness and support; we have felt the pride
of being an American; and we have seen the spirit of our people radiate
courage and compassion. We have witnessed how much we can do when we
work together for noble goals.
As I have reflected on the events of the past few days, I have been
inspired by the images and sounds of Americans working together; I have
felt great pride in watching a great, diverse people come together as
one. I have felt the conviction that this is a time for personal
sacrifice to serve the public interest. This is a time we can work
cooperatively together to achieve our common goals and to ensure that
all our people live in a free and just society. It is in that spirit
that I come before you today; not just to seek you consent to my
nomination, but if you do consent, to begin a cooperative working
relationship to meet the challenges ahead and to seek a just, free and
safe society for all our people.
During the past nearly 30 years since I finished law school, I have
been blessed with opportunities both in the public and the private
sectors to contribute to my profession and to our country. As a young
lawyer, I served as an Assistant Watergate Special Prosecutor where I
gained a deep appreciation for the importance of preserving the
integrity of our institutions of government and of leaders keeping the
fragile trust of our people. Later, I had the opportunity to serve for
more than four years as an Assistant United States Attorney here in
Washington. I saw first hand the impact which drugs and violence can
have on people's lives and on our neighborhoods. I also experienced an
almost tangible sense of justice when the rights of victims of almost
tangible sense of justice when the rights of victims of crime were
vindicated, when a community felt more secure, or when a judgment was
made not to proceed against an accused because of insufficient
evidence. During this service, I tried dozens of cases, including some
of our most difficult homicides and sexual assaults prosecutions. I
learned to be a good trial lawyer and to understand that our people
must have confidence in their justice system.
For nearly five years I served in the Justice Department, serving
both as the Principal Deputy in the Associate's office and in the
Deputy's office. There I had an opportunity to work on a broad range of
issues that impacted our nation. I helped develop the international
reach of our law enforcement in an effort to deal with offshore
criminal activity, narcotics trafficking, and international terrorism.
I also worked to implement a number of new statutes enacted by the
Congress, provided counsel on a wide variety of civil and criminal
matters, served on the FBI Undercover Review Committee and on
interagency counter-terrorism groups, and participated in managing the
Department and its many components.
For two years, I had the privilege of serving as President Reagan's
Deputy Counsel at the White House. There I had an opportunity to
provide counsel to the President and senior White House staff on a host
of legal policy matters. In addition, I worked with the FBI with
respect to Presidential appointments and with the Secret Service with
regard to White House security issues.
For more than five years, I had the privilege of serving as United
States Attorney for the District of Columbia and providing leadership
for the nation's largest and most active U.S. Attorney's office. I was
honored to lead a very talented group of inspired and dedicated men and
women who handled cases across the full spectrum of civil and criminal
jurisdiction.
During my service, we undertook an initiative to prosecute major
drug smuggling and distribution organizations, such as the Rayful
Edmund organization, and handled more than a dozen major gang cases
resulting in more than 350 convictions. We also prosecuted a series of
fraud and money laundering cases and undertook an initiative to seek
affirmative recoveries in government program fraud cases. We also
prosecuted a series of fraud and money laundering cases and undertook
an initiative to seek affirmative recoveries in government program
fraud cases. We prosecuted a number of public corruption cases
involving local and federal officials, both appointed and elected. We
prosecuted scores of homicide cases and narcotics cases at a time when
the city was facing a real drug and homicide crisis. I also established
a Sexual Assault and Child Abuse prosecution section to give these
difficult prosecutions special attention, and developed a domestic
violence initiative.
During my service as U.S. Attorney, we also undertook a number of
international investigations and prosecutions involving the illegal
export of arms and technology, violence against U.S. nationals
overseas, and international terrorism. I participated in leading the
Pan AM 103 bombing investigation and the indictment of two Libyan
nationals in the lockerbie case. This investigation was a cooperative
effort with the Department, and involved law enforcement agencies
around the world as well as the intelligence community and the State
Department. We also brought to justice individuals responsible for the
assassination of Chilean Ambassador letellier here in Washington and
for the bombing of the U.S. Capitol building.
We also sought ways to enhance our local law enforcement effort
during a very critical period when drugs and violence threatened our
nation's capital. We developed a series of legislative proposals to
deal with particular criminal justice issues were facing in Washington,
such as bail reform, homicide penalties, witness intimidation, and car
jacking, and I worked with the City Council to seek their enactment.
In all our investigations and prosecutions, were worked closely
with a several federal law enforcement agencies (FBI, DEA, Customs,
Secret Service, Postal Inspection Service, and the Marshal Service),
with local law enforcement, the intelligence community and national
security agencies, and in some cases with foreign law enforcement
agencies.
I have also had an opportunity to practice law in the private
sector, initially with Wilmer, Cutler & Pickering where I learned from
some of the country's leading attorneys, and later at Pillsbury,
Madison & Sutro where I represented individual and corporate clients in
a variety of civil and criminal matters. Most recently, I have served
as Corporate Vice President and Deputy General Counsel at Honeywell,
where for the past nearly five years I have had a broad range of legal
and leadership responsibilities, including leading our litigation and
regulatory group and our Integrity and Compliance effort. I have helped
manage a diversified global business, and have resolved complex
commercial, environmental, international trade, government contract,
antitrust, intellectual property, and product liability issues.
I bring no personal agenda to the Office of the Associate Attorney
General except this: to seek to build the trust of the American people
in the integrity and credibility of their institutions of justice; to
work diligently to ensure that our people can live in a free society
without fear of violence; to provide a level playing field for all our
people to pursue their economic and personal ambitions; to remember
that we must be good stewards of our planet for ourselves and future
generations; to enforce aggressively the laws the Congress has enacted;
and in all things to act with integrity and in the spirit of bringing
justice to all our people.
Throughout my career I have been blessed to have worked with many
talented people from whom I have learned much. I understand that people
of diverse backgrounds can see issues differently, and that we must
work diligently to reach resolutions and solutions that are both fair
and credible for all those effected. I appreciate that there is a
sometimes underfined, yet tangible, ``public interest'' which infuses
our processes and decisions; that private individuals and entities
frequently have a healthy skepticism of government and sometimes
believe the government misuses its power; and that prosecutorial
authority should be exercised with restraint because of the impact it
can have on people's lives, liberty, and reputations. But I also know
that we must vigorously, but fairly, enforce the laws which the
Congress has enacted for the benefit of all our people.
Throughour my career I have been inspired by the words of Teddy
Roosevelt when he said: ``It is not the critic who counts, not the man
who points out how the strong man stumbles, or the doer of deeds could
have done them better. The credit belongs to the man who is actually in
the arena. . .'' And I have reflected often on the words of Edmund
Burke which I have shared with young prosecutors: ``The only thing
necessary for the triumph of evil is for good men and women to do
nothing.'' While our nation faces great challenges ahead, the strength
of our people and the courage of our leaders will ensure that we remain
a free people. By working together in the arena, we can secure justice
for all our people. I trust that with your cooperation and your
confidence, I may contribute in some small way to the continued
vitality of our democracy and the liberty of our people.
Mr. Chairman, I am grateful for the opportunity to appear before
this Committee today. I would like to thank the President and the
Attorney General for their confidence in me. If confirmed, I would look
forward to building a relationship of confidence and trust with this
Committee as together we work to promote justice for all our people. I
would be pleased to answer any questions that you may have.
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Senator Durbin. Well, thank you very much, Mr. Stephens.
You have an extraordinary background that you bring to this
position, but there is one part of it that is particularly
apropos for questions, I think, this morning, and you have
noted it in your opening statement.
As United States Attorney for the District of Columbia, you
were involved in the investigation of the bombing of Pan Am 103
over Lockerbie, Scotland. You also led a number of terrorism
prosecutions which involved violence against U.S. nationals
overseas and here.
Can you share with us any insight into those experiences as
a prosecutor, and if you could also reflect on the challenges
that these cases brought in comparison to other work you have
done?
I guess the third point, and more relevant to some earlier
statements, is whether or not you feel that there are existing
laws in the United States which should be reconsidered in light
of the current challenge we face.
Mr. Stephens. Thank you, Mr. Chairman. I appreciate your
interest in that area, given the times we face. I should say
while I participated in leading, these are investigations that
really require, and I think the most important thing, the
cooperation and coordination of good men and women in law
enforcement across the globe.
There is more to it than a homicide case or a fraud case,
and I think the key ingredient both is to have resolve, is to
have good intelligence, and by that I mean we needed to work
frequently with the intelligence communities, both on our
foreign intelligence as well as domestic intelligence; that you
have and depend upon good cooperative relationships with
international law enforcement agencies. And I think in cases
that we are facing at the present time, that goes beyond the
law enforcement, obviously, to the political and national
leadership level.
Do I think our laws are adequate? I confess I may have some
thoughts on that. I have reflected some on that. I think we
have in place some fundamental laws that can deal with those
questions. I think the President has proposed and the Attorney
General has proposed some changes to our laws which I am not
fully apprised of, but I have a general understanding of those
and I think those have been sent to the Congress, that would
provide some modifications that may assist in international
terrorism investigations.
I say that we need the tools to do that job, but I also
want to emphasize that it is important that we remember that we
are a free society, that we want to preserve the rights of our
own citizens, and that while we are acting aggressively that we
don't essentially lose by giving up our own freedom to seek the
accountability of others.
These are difficult prosecutions, and I think frankly we
want to look at them not only as prosecutions, but as foreign
policy issues and national security issues and bring all those
agencies together.
Senator Durbin. I think you make the important point that
we all have on our minds. We want to give our Government the
tools to protect us, and yet we don't want to sacrifice those
protections that have been part of America for every citizen
from the beginning.
Let me ask you, in your work with the Civil Rights
Division, all of us are saddened and alarmed by some--
fortunately, they are very limited, but some evidence of
retribution against Arab Americans and people of the Muslim
faith.
Could you for the record indicate your feelings on this and
whether you think there are things that we should consider by
way of legislation or otherwise to make certain that there is
no discrimination against those who are not culpable for any of
the wrongdoing?
Mr. Stephens. Mr. Chairman, I think people of good faith
share your concern in that area. The President, I think, has
expressed his views very strongly, condemning the acts of
violence against Arab Americans and Muslims in this country and
elsewhere. The Attorney General has done so, and I clearly join
that. I think it is frankly very sad and a very unfortunate
statement when we see violence against our own people simply
because of their race, their origin, or because they are people
of color.
The Civil Rights Division, as I understand it, has set up a
very aggressive to coordinate the prosecution and investigation
of these offenses. They have a working group that has been
established. Unfortunately, there have been several dozen of
these events around the United States. I think the laws are
adequate. I think it takes resolve, and I think it will take
cooperation, as well, with State and local government because
many of these offenses, while they might be prosecutable under
the civil rights laws, would also be prosecutable under State
statutes, where frankly the penalties may be more effective.
Senator Durbin. My last question relates to a
responsibility which you will have that probably has gone
unnoticed or not widely heralded until recent events, and it is
the Office of State and Local Domestic Preparedness Support,
responsible for handling the capability of State and local
jurisdictions to prepare for and respond to incidents of
domestic terrorism involving weapons of mass destruction.
I just for the last several days--and I am sure my
colleagues had similar experiences--spent the entire time going
across the State of Illinois speaking to leaders in our
communities who asked me as a Senator, what should we be doing
to prepare ourselves and defend ourselves against the threat of
terrorism? I came back really trying to search out sources of
information to help them, and resources.
Can you reflect on that particular responsibility which you
would have in this position?
Mr. Stephens. Mr. Chairman, I understand and appreciate
your concern. It is an area both in terms of preparedness as
well as dealing with victims of terrorism and their families,
and much of that is handled under the Office of Justice
Programs.
I will say I don't have tremendous familiarity today with
all those programs, how they are structured, but I do know that
the Department has reached out to deal with it certainly on the
victims side very substantially by providing assistance to
victims of crime, victims of terrorism; that through the peace
officers benefits that they are providing a streamlined process
that those are made available promptly to the families of
firefighters and police officers who have been killed or
injured in the line of duty.
I know that they are working with the State and local
governments to assist and providing support. And I think let me
say you have my assurance that I, if confirmed, would ensure
that we are working diligently to ensure that we are prepared
from a domestic point of view to do all we can to deal with the
incidence of violence against our citizens.
Senator Durbin. Thank you, Mr. Stephens.
Mr. Stephens. Thank you, sir.
Senator Durbin. Senator Hatch?
Senator Hatch. Mr. Stephens, you are abundantly familiar
with the Justice Department. You have served there in four
different administrations, and you bring an especially
experienced perspective to the Department and perhaps a
perspective of positions ranging from line prosecutor to U.S.
Attorney.
Now, do you see any recurring issues that the Department of
Justice has faced, and if so, how do you anticipate dealing
with some of these recurrent issues?
Mr. Stephens. Senator Hatch, thank you for the question. As
far as recurring issues, let me say as I reflect on that I
would say that the most significant sense of recurring issue is
that the Department of Justice and how it does its business has
a sense of core values and a sense of continuity.
While administrations come and administrations go and there
are perhaps glosses of policy that change, the core of how the
Department litigates, how it manages its cases, how it moves
forward--it has a core responsibility to Americans and American
society.
I would come back to what I described as not necessarily my
agenda, but the principles that guide me as I think about the
possibility of serving in this position, and I see that as part
of the continuity of what the role of the Department is; that
is, to ensure the integrity of our institutions of Government;
that is, to protect the safety of our citizens; that is, to
ensure that there is a level playing field so that businesses
and individuals can compete personally, fairly; and that is, to
aggressively enforce the acts and laws that Congress has
passed. And, finally, the Department of Justice should in all
things act with integrity and recognize that this is the
Department of Justice not for this group of people or that
group of people, but that it is really to dispense justice for
all the people.
I would say, looking at the Department and how it has
changed from the 1980s when I had an opportunity to serve at
Main Justice to now, we have seen, I think, an expansion of the
global reach of law enforcement. And I think those initiatives
that were undertaken to deal with terrorism, to deal with
extraterritoriality or the application of our laws really are
now in full fruition as we look at treaties, at cooperation
agreements, at the reach of U.S. law, particularly in these
days when we are fighting an international terrorism enemy.
So I think there is a sense of continuity about justice and
there are some guiding principles that guide each of us. I hope
that is responsive to your question because this is a great
institution. It has tremendous responsibility to maintain the
sense of confidence and trust of people in Government, and I
hope I could contribute in some small way to ensuring that for
the future.
Senator Hatch. Thank you so much. I am going to support
you, as you know, and feel very deeply about your nomination. I
think you are just the right person for the job and you will do
a great job while there, and I hope we can get you through as
quickly as possible. I want to thank your wife and family
again, and our future Director of the U.S. Marshals Service's
wife and family for your willingness to serve. We just really
appreciate you.
Jay, I have known you a long time. You are a good man and
we will do everything we can to get you through.
Mr. Stephens. Thank you, sir.
Senator Hatch. Thank you.
Senator Durbin. Thank you, Senator Hatch.
Senator Specter?
Senator Specter. Thank you, Mr. Chairman.
Mr. Stephens, I concur with Senator Hatch on your
extraordinary qualifications. We thank you for coming back to
Government. You have been in it in a long time, in a lot of
very important positions, and I think you are in an excellent
spot to do a job as the number three man in the Department of
Justice.
For the record, I would like to cover just a couple of
items which you and I have discussed earlier this morning
because I wanted to review in some detail some of the concerns
I had--my expression of interest, in my own view, of being
helpful to the Department of Justice. I know this committee
wants to be helpful, as does the entire Senate and Congress,
not only for the immediate, major problems but in the long
term.
For the record, I want to talk to you for a moment or two
about congressional oversight on the Department of Justice,
which I think is a point which has not worked well in the past.
As expressed to you earlier this morning, I am concerned,
for example, about the ability of this committee to deal with
oversight on what the Department of Justice did on the
indictments arising from the destruction of Khobar Towers back
in 1996.
I chaired the Intelligence Committee at that time and have
some greater familiarity with that event than most members do
on any individual event. But when the indictment was returned,
Iran was identified as a conspirator, but no Iranians were
indicted.
As a very basic matter, you can't hold a country
responsible as a conspirator, or any principal, without having
some conspiratorial acts of individuals who would be Iranians.
I have already made some inquiries at the Department of Justice
and have been told something about the quality of evidence, and
that is a matter which I think needs to be pursued.
Did the Department of Justice pull its punches on that
indictment? I am not saying it did, but that question obviously
arises when Iran is named as a conspirator, but there are no
individuals charged in the indictment. The new Iranian
administration with President Katamai is one which I would like
to see us worth with and find a way to extend an olive branch,
but if some of the old Iranian hard-liners were responsible for
the Khobar Towers destruction, I think we ought to be very
tough about it.
Then we have the question about the indictments which have
been outstanding against Osama Bin Laden for some time, for
years, arising from the killing of Americans in Mogadishu in
1993 and from the embassies in 1998. This committee, I think,
ought to become very, very deeply involved in finding out what
action the Department of Justice took to serve those warrants.
That is a subject matter where this committee has been very
active in the past on the legislation on the Terrorist
Prosecution Act of 1986, which for the first time gave
extraterritorial jurisdiction to the United States, and for
hearings which were held in this room where the Attorney
General was questioned; William Webster, when he was head of
the CIA or the FBI, or both; Abe Soffir, when he was counsel to
the State Department, to make demands on countries which
harbored those under indictment and, if no action was taken,
for having them forthcoming to consider our rights as a matter
of self-defense to go into foreign countries and to arrest
these individuals.
My question to you, Mr. Stephens, with that perhaps too
lengthy introduction, is are you prepared to recognize the
Federal law which gives the Congress the authority to get into
pending investigations and pending prosecutions, and to find
out what is going on in the Department of Justice, and will you
cooperate with the constitutional responsibility and authority
of this committee to conduct such oversight?
Mr. Stephens. Senator Specter, I understand and I hear your
deeply-felt views regarding this. I also will say I concur that
I think the Constitution clearly gives the Senate and this
committee oversight responsibilities. In order to do your
function in the legislative branch, you need to have the kind
of information to make the kind of judgments that you need to
ensure that our laws are enacted properly and that they are
being enforced properly.
As you know from our discussion today, I also expressed a
sense that the Department and the executive branch has a
responsibility to enforce the laws, to do that fairly, and that
in doing that we should try, in a mechanism of comity, to share
with the committee, with that Congress, that information that
we can, and that there are mechanisms available to do that.
I hope, for example, that the briefings which this
committee and others have received with regard to the current
investigation involving the terrorist acts of last week
demonstrate some of those mechanisms that can be available.
So you have my commitment to work with you to provide the
kind of information you need. I don't think today I am in a
position to say I would say you can have any file and every
file. Frankly, I don't know how the Attorney General would view
that.
But my sense is we should be able to get you the kind of
information you need to do your job so you can make the
judgments, and if the Department has failed to act
appropriately you can ensure that you can bring to bear your
responsibility and judgment to encourage the Department to act
appropriately, whether it is one of the terrorist prosecutions
or something else.
So you have my commitment to work with you to do the
appropriate means that I would see or that the Department sees
to get you the kind of information you need.
Senator Specter. Okay, thank you very much, Mr. Stephens.
The red light went on in the middle of your answer, not my
question, and I will respect the red light. There is no doubt
about your confirmation. You bring superb credentials to the
Federal Government, but I wanted to have a little dialogue with
you because I will be calling you from time to time to talk
about your commitment and to talk about oversight and how we
work it out.
I appreciate the fact that it is not easy and it is not
automatic, but there has been too little regard by the
Department of Justice in both Democratic administrations and
Republican administrations, and I think that we can improve law
enforcement markedly with that oversight being conducted with
more information coming from the Department of Justice.
Thank you, and thank you, Mr. Chairman.
Mr. Stephens. Thank you, Senator. If confirmed, I look
forward to working with you on that.
Senator Durbin. Thank you, Senator Specter.
I just have a few more questions, and I will be very brief.
Your responsibilities are so broad with this appointment
that they cover a lot of areas that we haven't even touched on,
and I would like to just touch a few of them, if I could, as
part of the record here.
In many States, the level of funding available to counsel
for indigent defendants is woefully inadequate and there may be
caps on the total amount available per case, resulting in very
low levels of compensation.
As Associate Attorney General with oversight over the
Office of Justice Programs, you would have an opportunity to
set the tone on this issue at the Federal level and to support
State efforts to improve individual systems. What is your
feeling about the compensation of attorneys for indigent
defense in our country?
Mr. Stephens. Mr. Chairman, I appreciate your question. I
will say my most immediate experience with that was probably
when I served as an Assistant United States Attorney, and I
know there were very many talented attorneys defending the
accused here in the District of Columbia who frankly were not
very well compensated.
I think it is important that they have fair compensation so
that we can bring talented resources to bear to defend those
who are accused because the Government should be put to the
test. I mean, we are in part taking the liberty, and at times
perhaps the life of someone who is accused and later convicted,
and they should have the kind of defense necessary to ensure
their rights are protected.
So I will look at this. I am not specifically familiar with
how the mechanism works under OJP, but I would be delighted to
take a look at that.
Senator Durbin. What has been your experience and what is
your position when it comes to the whole question of grand jury
secrecy, the confidentiality in the process, and the
relationship of a prosecutor with the press?
Mr. Stephens. My experience with regard to 6(e) is that
6(e) was the grand jury--it is a grand jury rule--is that it is
important in the course of the investigation to maintain the
confidentiality of the proceedings within the grand jury, what
the grand jury is thinking, what its deliberations are, what
documents it has subpoenaed, so that potential subjects of an
inquiry do not know where that investigation is going so that
perhaps they can move more quickly and block avenues of
investigation.
I do think, and my own personal view is that 6(e) is a more
narrow rule than sometimes is frequently referred to in the
press by commentators. I think when you see 6(e) issues
litigated through the courts, the courts actually take a pretty
narrow view of what constitutes 6(e). But I think it is
important that the case be tried in the courtroom, that the
grand jury materials stay in the grand jury and that it not be
tried publicly.
Senator Durbin. There is another area of responsibility
that you will have and it relates to the pending litigation
against the tobacco companies by the Federal Government. We had
a hearing just two weeks with Acting Director Schiffer, who
talked about the commitment of the Department of Justice to
this lawsuit and the fact that the Department needed about $44
million to support the litigation in the next fiscal year.
I have since been apprised of an order issued by the court
which I would like to call to your attention and I hope you
will get a chance to take a look at. It was an order entered on
September 10th, a week ago Monday, order number 83 in United
States of America v. Philip Morris, et al.
The judge in that case, Judge Kessler, was very critical of
the Government's tactics in the case and particularly accused
the Government of wasting everyone's time with some of the
motions that had been filed. Now, this pre-dates anything that
you might do in the Department, but the judge went on to say
that if the Government misses its deadline for discovery, the
Government will bear the responsibility for jeopardizing the
July 2003 trial date. And then the judges says, ``That is not
going to be allowed to happen.''
I raise that issue and bring this to your attention because
many of us feel that if we are going to be successful in this
lawsuit for the taxpayers of this country, we must diligently
prosecute it, and that all of the attorneys representing the
United States have to do an extraordinary job in a very
challenging lawsuit.
I would hope that as you consider your responsibilities--I
am virtually certain you will be confirmed very quickly--that
you will take a look at order number 83 and call in the
attorneys for this lawsuit and ask for them to give you a
briefing.
Have you had any involvement in tobacco lawsuits in your
private practice?
Mr. Stephens. No, I have not, Mr. Chairman.
Senator Durbin. Well, I hope you will follow my
recommedation and I hope that you will make sure that the
attorneys do a very good job for all of us.
Mr. Stephens. Well, thank you, Mr. Chairman. I understand
your deep interest in this area. You should know I have not had
any involvement in tobacco litigation. I am not a smoker. I
have tried to encourage, and I believe have successfully
encouraged my children not to be smokers.
And I can say I had the privilege of appearing before Judge
Kessler for almost a year as an Assistant United States
Attorney and I know she says what she means when she says it.
So you can be sure that I will take a look at this to ensure
that we have funding in place and that the issues be adjudged
on the merits. That is all I can commit to you. I don't know
what the merits are, but it should be up or down on the merits
and handled aggressively if the Department is going forward
with it.
Senator Durbin. Thanks very much, Mr. Stephens.
This meeting of the Judiciary Committee will stand
adjourned.
[Whereupon, at 11:42 a.m., the committee was adjourned.]
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