Attorney general, rachel brand, also testified as part of her confirmation process. Good morning, everybody. Im pleased to hold this nomination hearing for two very outstanding nominees, rod ros rosenstein and rachel brand. Theyve been nominated for two very important senior positions in the department of justice. Deputy attorney general and associate attorney general. The Deputy Attorney general, who is the second in command at the department oversees the daytoday operations. The associate attorney general oversees the civil litigation departments. Its critical we fill these two important positions so the department can operate at full capacity. We couldnt have two better nominees for this position. They share a lot in common. They both are dedicated Civil Servants. Theyve both been confirmed by the senate before. In miss brands case, twice. They both served in confirmed positions during president obamas administration. Theyre both talented and fairminded lawyers, dedicated to the full and evenhanded enforcement of our laws, and they will serve the department with distinction. Mr. Rosenstein has served the department for more than three deca decades. President bush appointed him to be u. S. Attorney for maryland. He continued to serve in that position throughout president obamas entire two terms in office. Im sure that senator cardin and van holland will speak to his accomplishments in these roles. Id also like to submit for the record, a letter from our former colleague and friend, senator mikulski, supporting his nomination and without objection, that letter will be entered. Now, with respect to mr. Ros rosensteins nomination, i have a few things to say about the attorney generals announcement last week and the supplemental testimony that he sent to this Committee Just yesterday. During his confirmation, attorney general sessions told this committee that he would do what he could do if specific matters arose where he believed his impartiality might be questioned. He said he would consult with the Justice Departments professionals and listen to their advice. And to those who question his independence from the president and attorney general sessions proved them wrong already, too, by recusing himself. Last week, he kept his word unlike attorney general lynch, attorney general sessions recused himself. His recusal means that if there is any ongoing matter that deals with the Trump Campaign, it will be handle by the Deputy Attorney general. So, if mr. Rosenstein is conf m confirmedened assurely expect him to be, the responsibility for any decisions would fall on him. Already, ive heard some calls from the other side that a special council should be appointed to take over. Any talk of a special counsel is premature at best. More importantly, any indication that mr. Rosenstein lacks the impartiality or professionalism to handle these matters is out of line. Hes a career Civil Servant who served with distinction in both bush and Obama Administrations. His independence is beyond reproach. In fact, in 2012, there was a series of high level leaks to the media of highly classified information. The leaks looked like they were designed to make the previous at administration look good. Rather than appoint his special council, attorney general holder placed mr. Rosenstein and another u. S. Attorney in charge of the leak investigations. At the time, the chairman of this Committee Said attorney general holder made a good choice when he put mr. Ros rosenstein in charge. He described mr. Rosenstein as a tough honest prosecutor and the epitome of the professional prosecutor. Another senior democrat on this Committee Said she opposed the special council becausel becauss a long time. The Ranking Member also had this to say about mr. Rosenstein and other attorneys assigned to the matter. Quote these are two scrupulous men, theyre both independent and i have no reason to believe they cannot work with the fbi and assemble a very strong Prosecution Team where warranted, end quote. Presumably my democratic colleagues havent changed their mind about mr. Rosenstein because the president is now a republican is stead of a democrat. Please remember, a special Council Inquiries under the Current Department regulation are not the best way to insure transparency and accountability my colleagues have called for. There is no mandatory or public report at the end of the investigation if no charges are filed. The investigations can just disappear into a black hole without the public ever understanding what the facts were. The Intelligence Committees are investigating these matters and the other side has asked the Inspector General to investigate as well. Unlike special councils, congressional i. G. Investigations can get the facts and present them to the public. So the notion that somehow a special counsel will bring facts to light just isnt true. I cant help but notice the selective nature of the latest calls for a special councsecuri counci council a special counsel. Where were these when attorney general lynch was presented. Her law firm had represented the clint clintons. Her ability to continue in her job as attorney general depended on a clinton victory in the election, and she had a private meeting with president bill clinton on her bill clinton on her government airplane while the department was investigating secretary clinton. Where were the calls from democratic leadership for a special council on that time . Where were the calls for special council when congress referred a criminal contempt citation to the department of justice against attorney general holder for withholding documents on fast and Furious Scandal . Misled congress about when he learned about fast and furious. Where were the calls from the other side to have hearings on that . The u. S. Attorney was simply ordered to ignore the criminal contempt citation and my friends on the other side of the aisle were fine with that and unfortunately so. It would be easier to credit calls for special councils if they were made with some consistency and the intellectual honesty. There are times when special councils are appropriate, but its far too soon to tell at this time and even if there were evidence of a crime related to any of these matters, once confirmed, mr. Rosenstein can decide how to handle that matter. I know of no reason to question his impartiality. Ill have more to say about miss brand when i introduce her, but for now let me say she also is a dedicated Public Servant with exceptional cree dentals. Her nomination is supported by former attorneys general and Deputy Attorneys general. Ill enter a letter from them in the record. Without objection, it will be entered. Before i turn to senator feinstein for her Opening Statement, let me say how well conduct the hearing today. After senator feinsteins Opening Statement, well have the introduction of nominees. Senator ernst and i will introduce miss brand but i am going to introduce after my three colleagues have spoken, it will save a little bit of time for them. Senator cardin and van hollen will introduce mr. Rosenstein then the nominees will give their Opening Statements. Well have sevenminute rounds of questions. I know there are a number of issues senators would like to cover with these nominees, so ill stay here until everyone has had the chance to ask all the questions they want. We will do more than one round of questions and if we do, that will be five additional minutes and im prepared to work through the noon hour unless the nominees need time off. Senator feinstein. Thanks very much, mr. Chairman. As you have said, today we begin our consideration of the nominees to fill two really important positions within the department of justice. The Deputy Attorney general essentially leads the daytoday operations of the Justice Department and also directly oversees the solicitor generals office, the office of Legal Counsel and the Law Enforcement components like the fbi, the dea and the aft. Significantly, the Deputy Attorney general steps in when the attorney general cannot or should not be involved in a particular matter. The associate attorney general is effectively the number three position and oversees critically important components of the Justice Department including the Civil Rights Division, the environment and Natural Resources division, the Civil Division and the office on violence against women. From National Security to Voting Rights and from Consumer Protection to immigration litigation, both of these positions carry tremendous responsibility within the Justice Department. So i want to take a moment to welcome the two nominees here today. Rod rosenstein and rachel brand and congratulate them for having been nominated to such major posts in the Justice Department. I had the pleasure of meeting with them yesterday and both certainly appear well qualified. If confirmed, they will be part of a Senior Leadership team that will help shape policies and priorities that will affect all of us in america and they will help determine the direction of the Justice Department over the next four years. Unfortunately, at this early stage in the new administration, there have already been some concerninge ingacting attorney general, sally yates was abruptly fired by the president for taking a principled stand on the executive order banning individuals from certain majority muslim countries. And her stance was then vindicated by the ninth circuit. Second, instead of taking strong stands to protect the Voting Rights and civil rights of all, the department has taken steps to further erode those rights. Specifically, we already see the Civil Rights Division switching positions in important cases like the texas voter identification law. Or withdrawing its guidance relating to transgender students. This reversal of course away from policy that uphold and protect civil rights for all americans is unfortunate, but it well may reveal the intended path of the future. Over the past several weeks, there have been numerous press stories about the white house attempting to direct communications for Ongoing Investigations and even direct u. S. Attorneys on how to argue cases. I continue to strongly believe that the case can be made for an independent investigation that is insulated from any potential political influence. So i very much support the appointment of a special prosecutor to lead the investigation into russian influence in the election. I believe we need an independent criminal investigation into russian influence. Its vitally important that the American People have trust in this investigation and that there is not even the appearance of a conflict of interest or political influence. So thats why i continue to support the appointment of a special prosecutor to lead the investigation. To be clear, i do not say this because i question the integrity or the ability of mr. Ros rosenstein. I do not. But this is about more than just one individual. This is about the integrity of the process and the publics faith in our institutions of justice. Justice Department Regulations clearly provide for the appointment of a special counsel when there is a conflict of interest for the department or other extraordinary circumstances and where the appointment of a special counsel would be in the Public Interest. By his own words, attorney general sessions was a surrogate for the Trump Campaign. He has admitted he met with the Russian Ambassador on two occasions and on friday, the attorney general announced he believes he should recuse himself and he has. In addition, the investigation into russias interference could very well involve officials in the Trump Administration. All these factors demonstrate that there is at the minimum an appearance of a conflict of interest which is whats needed under the regulations. In addition, if you look back to december 2003 when attorney general ashcroft refused recused himself from the Valerie Plame case, that very same day thenDeputy Attorney general comey appointed a special prosecutor. He said he did so out of an abundance of caution and to avoid any appearance of a conflict of interest. I believe the same abundance of caution is warranted here. As has been done in the past, a special prosecutor should lead this investigation. I believe it should be aprosecu free of any partisan or political background, someone who has a reputation for integrity and impartial decisionmaking, and who is independently selected not by the attorney general. From the outset, we need a respected prosecutor who is independently selected free of any partisan or political background. Im also concerned about the Justice Departments role in dismantling important rules and regulations that among other things help protect consumers, keep people safe and protect our environment. Through executive orders and congressional repeals, President Trump and his allies are taking unprecedented steps to help big business but harm average americans. Ive had an opportunity to meet with both mr. Rosenstein and mr. Brand as i said. They both have impressive credentials and i enjoyed meeting with them, but as we all know, the test of leadership and suitability for a job is not how nice you are or how well you get along, it is whether the Justice Department or our courts, whether in those departments we need independent, fairminded Public Servants who will adhere to the rule of law and look out for everyone in this country. Not just the powerful or wellconnected. We need steel spines, not weak knees when it comes to political independence in the department of justice and there is a real dang danger, i believe, that the Justice Department could become politicized so i hope to hear today from these nominees what they will do to guard against just that. Thank you very much, mr. Chairman. Thank you, senator feinstein. Now senator ernst then senator cardin then senator van holholl thank you, chairman grassley. It is my privilege to be here today to introduce a native iowan, rachel brand, who has been nominated to be associate attorney general of the United States. After graduating from Pella Christian high school in pella, iowa, and the university of minnesota morris, miss brand went on to receive her law degree from Harvard Law School. After law school, miss brand embarked on an impressive legal career in both private practice and public practice. In fact, she has at one time or another served in all three branches of government. She was previously confirmed by the senate as assistant attorney general for legal policy at the department of justice and before that, she clerked for Justice Kennedy on the Supreme Court of the United States. And perhaps the most prestigious of all, she worked as an intern for senator grassley. In addition to her Public Service, miss brand has had a distinguished career in private practice. Has taught as an adjunct law professor and serves as a board member for doorways for women and families, an organization dedicated to creating pathways out of homelessness, Domestic Violence, and sexual assault. Miss brand has shown time and time again a commitment to Public Service and if she is confirmed, it is my understanding that she will be the first woman to serve the country as associate attorney general of the United States. I am honored to be here today to support her for his positithis and i look forward to what i hope will be a speedy approval of her nomination. Thank you, chairman grassley. Thank you, senator ernst. Thank you, senator grassley, senator feinstein. Its a pleasure to be back before the Judiciary Committee. I thank you for this opportunity. I want to thank both of our nominees for being willing to serve their country and thank their families because this is a family sacrifice to serve in government. Im pleased to be here with senator van hollen to introduce and support Rod Rosenstein to be the Deputy Attorney general. This was a welcomed nomination by Pres