For the members who are present, except for the ones that are here already, it will be on seniority, then other people that come in, youll be called on according to how our respective staff keep track of you in the order of your appearance. Before chairman leahy and i give our Opening Statements, id like to go over some things i said yesterday. First of all, we welcome everybody back to this second day of hearing on ms. Lynchs nomination to be attorney general. As i said yesterday and everybody abided by this, and i want to thank everybody that was here yesterday for their courtesy i want everyone to be able to watch the hearing without obstruction and if people stand up and block the view of those behind them or speak out of turn its not fair considerable to the others. So officers would remove those individuals. Thats what i want to thank because we didnt have any of those incidents yesterday. Before we begin the Opening Statements take care of a couple housekeeping items and explain the process, first of all i want to thank everyone for their patience yesterday. Looks like we are going to have more votes today, so again im asking for your flexibility. After Opening Statements, the plan is to start the first round of questions then recess so members can vote. We would then return after the first series of votes and i am assuming that will be around 12 45. You folks answering questions for us, you cant necessarily count on that. Then we would keep going through theres four votes this afternoon. We wont adjourn at that particular time, well do like we did yesterday. We will take time to take turns going and voting. Senator leahy then and i will now give our Opening Statements. Then well return turn to our witnesses for their Opening Statements. Following their statements, well begin with the first round of questions in which each senator will have 10 minutes after the first round. Then well go to eight minutes of questions. And so then i will give my Opening Statement. Obviously welcome everybody audience as well as witnesses, to our second day of hearings on ms. Lynchs nomination to be attorney general. Yesterday we heard from the nominee. I thought she was very engaging, very confident. Theres no question about her competence from what shes done as far as her legal background and her work as u. S. Attorney. We appreciated her willingness to stay here through it all so we could get done with her in one day. Everybody that wanted to ask questions verbally could do it. Of course theres going to be a lot of questions in writing for her to answer in time. Shes clearly a skilled and competent lawyer. We asked questions yesterday, but i have to say at least from my standpoint, im not speaking for any other member, it seemed like indirect answers. So i suspect that those will be followed up with questions for the record. Today we will hear this second panel in front of us right now. Many of these will speak to many ways in many ways the department of justice under its current leadership has failed to fulfill some of the most basic aspects of its mission. The question for me and a lot of members on this side is whether ms. Lynch is committed leading the department of justice in a new direction. Theres obviously people here that are going to speak about the direction the department in a different way, and well listen courteously to that as well. Well hear from Sharyl Attkisson as one example of a personal who was an investigative journalist whos been bullied, threatened, and literally blocked from entering the department of justice because she had the guts to report on issues like fast and furious and benghazi. Thats one example of something wed like to have a new attorney general fix. Well also hear from Katherine Engelbrecht who was targeted by the i. R. S. Simply because shes a conservative whos had the courage to stand up in the defense of freedom and the constitution. The department has paid lip service to the investigation that is supposedly leading. So i would like to know how ms. Lynch will take seriously the targeting of fellow citizens based on their political views. Then we have sheriff david cooke, milwaukee who will testify about how thousands of local Law Enforcement officers across this country feel as though their current leadership doesnt fully appreciate the work their Law Enforcement does every day. Thats important to see how ms. Lynch might do to mend the broken relationships. And then well hear from professors turley and rosenkrantz who will address how the department of justice under eric holder has rubberstamped the president s lawless actions from the unlawful recess appointments in the unlawful executive action, specifically on immigration. Those people will bring up points that we have made not quite as directly as they have or personally as they have. In hopes ms. P lynch will restore ms. Lynch will restore the office of Legal Counsel to the impartial role it used to play on the check of the president s authority. I look forward to the hearing today. Now its senator leahys turn to give his Opening Statement. Thank you, mr. Chairman. This is a second day of the committees consideration of Loretta Lynch to serve as our nations attorney general. We had a long day yesterday. Today well hear testimony from outside witnesses about ms. Lynch, i would especially be interested in testimony from those who actually know her. Yesterday we heard directly from her. For nearly eight hours of testimony. She testified about the values and independence she would bring to the office of the attorney general. She testified how she would make its priorities National Security and Public Safety, but still preserve the values that we as americans, i hope all of us, hold dear. I was encouraged when republican senators on the committee agreed with me that the key question for voting for a nominee to be attorney general is independence. Some of us remember past attorney general who told us hes a member of the president s staff. And we all had to remind him, no hes not. Hes not like the secretary of justice. Hes the attorney general of the United States. And is supposed to be independent. Responded to questions on issue after issue. It is clear that ms. Lynch is an independent lawyer, strong character. And obvious abilities. I also want to take a moment to thank chairman grassley for his handling of yesterdays hearing. It was no easy feat, especially when you had 18 votes i believe it was yesterday afternoon, and kept it going. He made sure that every senator who had a question on his side of the aisle, they were given the time to ask the question and be heard. I commend him for that. I appreciate the tote way youre handling this hearing. I was not surprised that we have been friends for decades and i know you well. We are going to hear from Law Enforcement officials who actually worked with ms. Lynch. These are the people who have the best knowledge of her. They strongly support her nomination. Their presence today will speak of the support ms. Lynch has among republicans and democrats similar to the letter that one of the finest f. B. I. Directors weve ever had has submitted on her behalf, louis freeh. Barack obama is not the nominee. That may come as a surprise to some who lettered some of the questions. Eric holder is not the nominee. Loretta lynch, the daughter of lore reason and reverend lynch, twice unanimously confirmed by the United States senate, has been applauded for her Law Enforcement work, thats who is being called upon to consider. Im confident after hearing her testimony before the committee and after reviewing her record, knowing in good faith no one in good faith could question her integrity or her ability. She said yesterday she looks forward to working with congress to confront the many issues facing americans today. Shes met with over 50 senators in both parties. So i hope we can come together in the senate, support this historic confirmation. For an outstanding Public Servant and move quickly doing it. Thank you. Can i ask you there is no reason to make these people stand for an oath. Can they do it sitting down . Sure. I want to know whats legal do you affirm that the testimony would you raise your hand, please. Do you affirm that the testimony you are about to give before the committee will be the whole truth let me start over again, please. Do you affirm that the testimony youre about to give before the committee will be the truth, the whole truth, and nothing but the truth, so help you god. Thank you. Im going to introduce everybody at the table all at once instead of separately when one person gets done speaking. Be patient with me. Sharyl attkisson is an investigative journalist and author for over 20 years she worked for cbs news, winning multiple emmy awards for her Investigative Journalism pieces. Including her reporting on the 2012 benghazi report and fast and furious. Next we have david bar low barlow we know well. He served as u. S. Attorney for the district of utah, 2011, 2014. Prior to his tenure as u. S. Attorney, he served on this committee as senator leahys chief counsel. Hes now a partner of sydney, austin washington, d. C. Next is reverend newsome. Reverend Clarence Newsome is president of the National UndergroundRailroad Freedom center in cincinnati, ohio. Next is janice, she served as assistant director in charge of f. B. I. s new york division, 20102012. She currently runs a Consulting Firm in washington, d. C. I know i pronounced it wrong. Next we have steven, professor at john s. Lehman University Professor at Washington University school of law. Next we have jonathan turley, j. B. And morrisy shapiro professor of Public Interest law, george Washington University law school. David clarke, sheriff, Milwaukee County and served for over 36 years as a Law Enforcement professional. Next, nichlas rosenkrantz is a professor of constitutional law and federal jurisdiction, georgetown University Law center and a senior fellow at the kato cato institute. Finally, we have Katherine Engelbrecht. Shes the founder and chairwoman of truth the vote, an Election Integrity organization, the founder of king street patriots, a citizen led liberty group, and the coowner of engelbrecht manufacturing, a Small Business she owns with her husband in her home state of texas. Now we will start with ms. Attkisson. Thank you. If i didnt maybe i should say i think you have all been informed but wed like to have five minutes. Go ahead. I have been a reporter for 30 years at cbs news. I have been a reporter for 30 years at cbs news pbs cnn, and local news. My producers and i probed countless political, corporate charitable, financial stories ranging from iraq contract waste and fraud under bush to Green Energy Waste under obama to consumer stories relating to the drug industry. Some of these reports have been recognized for excellence in journalism, most recently investigative emmy nominations and awards for reporting on tarp benghazi, green energy spending, fast and furious, and a group of stories including an undercover investigation into republican fundraising. The job of getting at the truth has never been more difficult. Facets of federal government have isolated themselves from the public they serve. They covet and withhold Public Information that we as citizens own. They bully and threaten access of journalists who do their jobs, News Organizations that publish stories they dont like and whistle blowers who dare to tell the truth. When i reported on factual contradictions in the administrations accounts regarding fast and furious, pushback included a frenzied campaign with white house officials trying to chill the reporting by calling and emailing my superiors and colleagues using surrogate bloggers to advance false claims. One white house official got so mad he cussed me out. The Justice Department used its authority over Building Security to handpick reporters allowed to attend a fast and furious briefing, refusing to clear me into the public Justice Department building. Advocates had to file a lawsuit to obtain Public Information about fast and furious improperly withheld under executive privilege. Documents recently released show emails in which taxpayer paid white house and Justice Department press officials complained that i was out of control and vowed to call my bosses to stop my reporting. Let me emphasize my reporting was factually indisputable. Government officials werent angry because i was doing my job poorly, they were panicked because i was doing my job well. Many journalists have provided their own accounts. The white house made good on its threat to punish cspan after cspan dared to defy a white house demand to delay airing of potentially embarrassing interview with the president. 50 News Organizations, including cbs and the Washington Post wrote the white house objecting to unprecedented restrictions on the press that raised constitutional concerns. A New York Times photographer likened the white house practices in some cases to the soviet news agency tass, former Washington Post executive editor len downy called the obama war on leaks by far the most aggressive hes seen since nixon. David sanger of the New York Times called this the most closed control freak administration hes ever covered. New york times public editor said its the administration of u. N. Precedented secrecy and unprecedented attacks on a free press. Months before we knew that the Justice Department had secretly seized a. P. Phone records and surveiled fox news james rosen before director of National Intelligence director James Clapper incorrectly testified under oath that americans werent subject to mass data collection, i was tipped off that the government was likely secretly monitoring me due to my reporting. Three forensic exams concerned the intrusive longterm remote surveillance. That included key stroke monitoring, password capture, use of skype to listen to audio and more. Getting to the bottom of it hasnt been easy. Its unclear what if anything the f. B. I. Has done to investigate. The Justice Department has refused to answer simple, direct written congressional questions about its knowledge of the case. It has stonewalled my freedom of information request, first saying it has no responsive documents, then admitting to 2,500 of them but never providing any of them. In 2013, Reporters Without Borders downgraded americas standing the global free press rankings, rating the Obama Administration as worse than bushs. It matters not that when caught the government promises to dial back or that james rosen gets an apology. The message has already been received. If you cross this administration with perfectly accurate reporting they dont like, youll be attacked and punished. You and your sources may be subjected to the kind of surveillance devised for enemies of the state. For much of history, the United States has held itself out as a model of freedom democracy, and open accountable government. Freedoms of expression and association are of course protected by the constitution. Today those freedoms are under assault due to Government Policies of secrecy leak prevention, and officials contact with the media, combined with large scale surveillance programs. The nominee if confirmed should chart a new path and reject the damaging policies and practices used by others in the past. If we arent grave enough to confront these concerns, it could do serious longterm damage to a supposedly free press. Thank you. If im accurate, professor rosenkrantz, you recently had a back operation and you need to stand. We would not object. Whatever you have to do. Mr. Barlow. I would ecothat sitting here eco that, sitting here recovering from two fractured vertebrae. I know how important it is to be able to stand. Mr. Barlow. Thank you chairman grassley Ranking Member leahy members of the judiciary committee. It is my privilege to appear before you here today in support of the nomination of my former colleague, Loretta Lynch, to serve as attorney general of the United States. I would be remiss if i did not first thank this committee for the strong support i received in 2011 when my own nomination to serve as United States attorney was before you. It was a tremendous honor to serve as u. S. Attorney in the department of justice. I always will be grateful for the trust you had in me when yo