Cosponsors. In order to look at the reality that not only does u. S. Have more prisoners per capita but we also have lengthy prison sentences and do not serve the cause of justice and allow us to have the resources to keep our communities safe. He has been an outspoken supporter of this bipartisan measure and i hope you would continue supporting it too although i wont put you on the spot to do so without giving you a chance to look at it. Let me add one other element. As chairman of the constitution we also had a hearing on solitary confinement. Turns out the United States prison system has more prisoners in solitary confinement than any other nation. We have testimony from those who have spent ten years on death row in solitary confinement in texas and even longer in the state of louisiana and were ultimately exonerated. They were not exonerated. They were not found to be guilty. It had is a devastating impact on the human mind and spirit where so many of these people who serve time in solitary confinement, many of whom are going to be ultimately released is something the federal bureau of prisons is now addressing. Addressing. You have been a prosecutor for many years, what is your view when it comes to solitary confinement . Confinement . You raise important issues about the management of our prison system which are charged with the ultimate repository for those who have been precluded or are seeking to harm america. It must be done in a constitutional and protective fashion. These are balances we have to fight. Fight. I take the view that as we look at these issues, one of the benefits of this discussion is to have continued discussion on these topics. There are many municipalities that are looking at this very same issue. New york city is looking at it with respect to juvenile detention and looking to remove solitary confinement as an option for juvenile detention as well. Based on many of the similar studies you are talking about, i believe we have to look at those studies and listen to the evidence that comes before us and make the best determination about how to handle what can be a dangerous prisoner population in a way that is both constitutional and effective. Thank you very much. Thank you mr. Chairman. Senator graham is next. Thank you very much miss lynch and congratulation on being chosen by the president. This is truly an honor, im sure. Do you support the Death Penalty . I believe the Death Penalty is an effective penalty. In penalty. In fact my office most recently was able to achieve a death verdict there. Yes. So we have sought it, yes. Sequestration. Have you had a chance to look at the impact of sequestration and how that will affect your ability to defend this nation as attorney general . I have had an opportunity to review that matter very closely through my work on the advisory committee. Also as the United States attorney, dealing with the budgetary limits that came down with the implementation of sequestration. As you are familiar with the history, far more than i, this constrained the federal budget greatly. Is this a fair statement, if Congress Continues to implement sequestration it will devastate the department of justice to defend this country . I believe that is a fair statement and also warrants discussion for how we manage a budget in a responsible manner which i know is important to this body. We also need the tools we need to protect the American People. Have you ever seen more threats throughout our country than you do today . We are seeing an increased number, and probably the highest number of threats that i have seen, not just from terrorists but the increased activity in terms of cybercrime is one that is not only increased numeric glee but qualitatively in the type of threat that we face. We. We need to upper game and the threat of Cyber Security fairly quickly. Do you agree with that. Yes we need to get ahead of these criminals in terms of detection and prevention even before we get to the apprehend action of these criminals. Youve outlined probably the greatest fear of any prosecutor area the combination of a cyber attack and carried out on behalf of a terrorist entity is one that we take great pains to prevent, to detect and disrupt. It is certainly an emerging threat and calls for resources beyond personnel but in terms of our technology also. Does it also cry out for congress to take an approach to our slight cyber problems that would modernize our ability to deal with this threat . Certainly a comprehensive approach is necessary. In new york all of us are struck by the prevalence of cyber issues in every type of case that we prosecute now. Much more so now than even five or ten years ago now. We must have a comprehensive accrual approach that allows government to work with private industry as well to come up with ways to protect us against this threat. Could you give us an estimate of what it would cost to the port 11 Million People . Certainly senator i wouldnt be able to give you the estimate now. I would probably have to reach out to the department of Homeland Security that would be charged with that particular act and see if they could provide that information to you. Okay, do you have a role in the deportation of people who are here illegally. In the department of justice you have any role there . In terms of deportation the role is initially handled by the department of Homeland Security. There are Immigration Court in which individuals can seek asylum that are handled by the department of homeland scary. That would actually be further along in the process. But thats part of the process question marks me back yes it is. What you think it would take to the port 11 Million People . I think it would be instructive to us to see what the bill would actually be. Do you think the national nsa Surveillance Program is constitutional as it is today . I believe it is not only constitutional and effective, i know there are Court Challenges to that and we will abide by those regulations, but it has been in a very effective tool but youre okay with it being constitutional from your viewpoint. Certainly constitutional and effective. Thank you. Marijuana. There are a lot of states legalizing marijuana for personal conception. Is it a crime at the federal level to consume marijuana . It is still a federal crime to possess and distribute under federal law. Law. Would the federal law preempt states that are trying to legalize the substance . Senator i think you raise very good questions regarding the relationship of the federal regulations in the state that they also have concurrent jurisdiction and in terms of matters in which citizens of various states have voted. With respect to the marijuana enforcement laws, it is still policy to continue enforcing the marijuana laws, particularly with respect to the Money Laundering aspect of it where we see the evidence that marijuana brings with it, organized crime activity and great levels of violence. Do you know michelle linhart. She is the administrator of drug enforcement. Have you ever had a conversation with her on her views of legalizing marijuana . . We have not spoken about that although we have spoken on many other issues. Could you have that discussion and report back to me what the results are . Certainly are . Certainly all speak with her and id also like to speak more with you on this issue. It was said that enforcing federal law would not be a priority to those where marijuana is legal. I believe the policy seeks to try and work with the states system that tried to take a different approach than the federal government with respect to marijuana and try to find the most effective way to still pursue marijuana cases. The policy that has been implemented still requires federal prosecutors to seek prosecution of marijuana cases particularly where we have children that are risk, where marijuana is crossing state lines where its being trafficked from a state that has a state that has chosen a Legal Framework into a state that has not chosen a Legal Framework and the possible harm they are in and those who are driving under the influence of this. They are looking at the risk of those falling into the risk of children and the harm that can be done there. Of the state is intending to legalize personal consumption at a small level of marijuana what would your advice be to that state . If estate were to reach out for its views to the agency, certainly i believe the department would have an obligation to inform them of the current federal status of narcotics law and the departments position that the federal narcotics law will still be enforced by the department of justice. In 2006 you signed something supporting plan parents could opposition to that type of abortion. We were focused on the facial issues of the law and how it might impact Law Enforcement discretion and independence. The only reason i mention that is if there is a republican president and an attorney general nominee takes an opposite view on an issue like abortion, i hope our friends on the other side will acknowledge its okay to be an advocate for cause. As a lawyer that doesnt disqualify you as serving. Samesex marriage samesex mac marriage this may go to the same Supreme Court very soon. If they say that marriage bans are unconstitutional for a state to try to limit marriage between a man and a woman thats clearly the law of the land unless theres a constitutional amendment to change it. Legal rationale would be in play that would prohibit polygamy. Whats the legal difference between a state a ban on same marriage being unconstitutional and a ban on polygamy would be constitutional. Could you explain the difference. I have not i have not been involved in the argument or analysis of the cases that have gone before the Supreme Court so im not comfortable undertaking legal analysis without the ability to take a review of the relevant facts and the precedent there. I certainly would be not able to provide you with the analysis at this time but i look forward to continue discussions with you. From rhode island this would be my plan and you tell me of this would be enough time. Thatll take us still about 1245 and i was thinking about coming back at 130 is that going to give you enough time. Thank you senator yes indeed. Thank you chairman welcome to the committee and congratulations on your nomination. I look forward nomination. I look forward to looking working with you on a considerable number of issues Going Forward. There have been a significant amount of commentary about the president S Immigration measures. The Ranking Member has asked me to put into the record letters from lawenforcement leaders in ohio, utah iowa indiana and wisconsin about the president s policies and saying concluding that while the reform improves a broken system mechanic achieve only a fraction of what could be accomplished with a broad system. We truly need a permanent, legislative solution and we urge congress to adopt comprehensive reform on immigration. Theres another letter from the task force on sexual violence. Theyve asked that those be made a part of the record without objection . Theres also been considerable commentary about attorney general holder at a hearing in which he does not have the opportunity to defend himself. Its my opinion that a significant amount of that commentary would not withstand his ability to defend himself if he was here so let me say in response to that there are legal arguments and policies that fall outside a particular ideology. That does not make them outside the mainstream and it does not politicize a department to make those arguments or pursue those policies. I argue that its the effort to constrain the department within that ideology that would be politicizing. Id further note as a former United States attorney, that the department that the atty. General holder inherited was in a state of disarray. Thats not a a matter of opinion, the office of Legal Counsel wrote opinions that were so bad so illinformed, so ill cited to the case law that pertained that when they were finally exposed appear review, they were widely ridiculed and ultimately withdrawn from the previous administration. We witnessed efforts to manipulate u. S. Attorneys that caused a very public rebellion among sitting u. S. Attorneys at the time and it drew in past u. S. Attorneys appointed by past u. S. Democrat and republican president s. We were exposed to hiring practices within the department that were overtly political and had political litmus test for hiring and a series of other issues that led to the resignation of the attorney general of the United States. Its easy to critique attorney general holder and blame him for politicizing the department, but i hit but i think history and judgment will reflect that he actually brought the department back from a place where it had been, sadly, politicized. I can say firsthand a lot of my u. S. Attorney colleagues both from republican and democratic sides were very concerned about what was happening to the department back time back then. I dont want to waste this hearing on that, but with all the things that about general holder without him having a chance to dissent defend himself, i wanted to say that. I hope you will be confirmed. They raise the issue of Cyber Security and he has been an extraordinarily helpful and forward leaning member of the senate on protecting our country from the dangers of cyber attacks, whether its ordinary criminal activity or the theft of a property wholesale on behalf of chinese industries, or a really dangerous threat of laying in cyber sabotage traps that can be detonated later on in the event of a conflict. Im concerned about the structure within the department for handling Cyber Security. Add an investigated level its spread across the fbi, fbi secret service and to a degree Homeland Security. Within the department it falls under multiple areas. I hope that with the assistance of other areas we can continue to continue a conversation about what a deployment of resources and structure should look like against this Cyber Security threat in the future. Would you agree to participate in such a process . Certainly i think youve outlined an important issue and as a confirmed attendance atty. General i look forward to working with you and the others on this issue in making sure that the department is best situated to handle this growing threat. There is considerable by party legislation on the subject and i hope its one where we can get something serious accomplished in the months ahead. Another area where there is considerable by party is on sentencing reform. Should it be done at the front end, at the sentencing and . We have almost a parallel bill that relates to the end of the sentence and how to encourage incarcerated people to get the type of job training drug and alcohol rehabilitation anger Management Mental Health care family reconciliation, job training or whatever they need so when theyre put back into society they have a last chance of going back to a life of crime i think we made a lot of progress on that and i think we have i think we have good legislation and i hope you and the department will continue to be supportive of our efforts. Certainly sen. Youve senator, youve raised the next challenge when we look at how to manage our prison system and the issue of crime which is how do we help people who are being released returned to the communities and become productive citizens as opposed to returning to the prior criminal behavior that landed them in prison and creates new victims. That will certainly be a new important part of my focus. Within the Eastern District of new york we have very strong programs for reentries that are supported by other offices in the most difficult district. Ill be working with those reentry efforts and they work exactly as you said in focusing on job training, building skills so those coming out of prison can become productive members of society as opposed to those who will harm other members of society. You have raised society. You have raised very important issues and i look forward to continuing this discussion with you and people in this committee and body on those issues. Thank you. Another issue we will be working on thanks to senator grassley is a re authorization of the juvenile reauthorization act. I appreciate very much that the chairman is willing to work on this and has made it one of the priorities for this committee. Obviously the way in which juveniles are treated in our correctional system and the way theyre detained has been an important issue for the Justice Department and i ask again for your cooperation in active support of our process Going Forward to reauthorize the j date j pa. This is a great concern to me in terms of both my practice in new york and talking to my colleagues across the country who face these issues. I believe issues. I believe it is important to all of us to look at the latest research on how juveniles develop and how they manage themselves in certain environments and i i am open to reviewing those. I look forward to working with you in reviewing that statute. You and i both had the experience of being u. S. Attorneys and i suspect we both had the experience of finding people who were targets of our efforts and if we look back into their past might have avoided our attention. If they had managed their drug or alcohol edition diction or gotten Mental Health treatment that they needed and it sort of a societal sorrow when they dont get the treatment they need and end up in the criminal Justice System. Its a great burden for the taxpayer. We have a recovery a recovery act that i hope youll work with us and intervene with addiction intervention and move them to the appropriate setting rather than moving them to the criminal