Executive Session

EXECUTIVE SESSION -- (Senate - September 19, 2006)

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Mr. CORNYN. Mr. President, I come to the floor to speak in favor of the confirmation of Alice Fisher, the President's nominee to be Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice. I am glad to say that Ms. Fisher's confirmation will finally overcome the unnecessary obstruction that she faces in this Congress which has forced the President to reassess her appointment.

Ms. Fisher is an outstanding nominee for this position. In addition to her credentials, she has substantial previous public service experience, particularly in the Criminal Division during a difficult time following the terrorist attacks of September 11. That experience will serve her well as Assistant Attorney General for the Criminal Division.

The Criminal Division is one of the most important jobs of the Department of Justice. It handles a variety of issues, including counterterrorism, violent crime, corporate fraud, and crimes against children. The Criminal Division's importance to the success of America's fight in the war against terror makes it all the more important that the Senate end this obstruction and make Ms. Fisher's appointment permanent.

Beginning with her service as Deputy Special Counsel to the U.S. Senate's Special Committee to Investigate Whitewater, Ms. Fisher has exemplified the attributes needed to lead an organization with a mission vital and important, obviously, to the Department of Justice's Criminal Division. Prior to her latest Government service, she was a litigation partner for 5 years at the DC office of Latham & Watkins, one of the premier law firms in the country. She takes from that experience a respect and deep knowledge of the law.

Since her recess appointment in November of 2005, necessitated because of holds on her nomination, Ms. Fisher has served as Assistant Attorney General with distinction, honor, and success. She immediately refocused the division's mission in a way that reflects the priorities of the administration. For example, under Ms. Fisher, the Criminal Division has made impressive headway in supporting the Nation's national security mission, in combating violent crime, including gang violence, and protecting our children from exploitation on the Internet and elsewhere.

What is troubling about the debate today on this nomination is that we are having a debate about a nominee who so clearly deserves confirmation. What is troubling about today's debate is that it is reflective of the continued obstruction of nominees by Democrats in the U.S. Senate. This obstruction has not only affected judicial nominations, which is perhaps better known, but also the confirmation of important executive branch nominees with significant national security responsibilities. Ms. Fisher oversees vital counterterrorism and counterespionage divisions. But because her nomination has been blocked, these critical components have operated without a Senate-confirmed supervisor for more than a year.

Consider the constant refrain from our colleagues on the other side of the aisle that this Republican-led Congress is not doing everything it can to protect America's national security. Beyond Ms. Fisher's nomination, this message stands in stark contrast with the democrats' record of obstruction on other key national security posts.

Perhaps the most inexcusable obstruction pertains to the nomination of Kenneth Wainstein, who would head the newly created National Security Division. Mr. Wainstein's confirmation would fulfill one of the key recommendations of the WMD Commission, the Weapons of Mass Destruction Commission.

It was the WMD Commission that recommended the reorganization of intelligence-gathering components within the Department of Justice. Mr. Wainstein has broad-based, bi-partisan support, yet he inexplicably still faces a Democrat filibuster-by-hold.

We cannot wait any longer for Democrats to release their hold on Mr. Wainstein. In the 5 years since the attacks of September 11, the Federal Government has taken a number of steps to reorganize and improve its resources to better fight terrorism. Our terrorist enemies are always changing and adapting, and so must we--if we are to keep the upper hand in the war on terror.

Some 15 months ago, the WMD Commission recognized that improvements should be made to the Department of Justice's national security apparatus. They recommended a reorganization of the Department and the creation of a new National Security Division--which would bring together under one umbrella all the national security components of the DOJ.

The National Security Division that Mr. Wainstein would oversee is critically important to the

Department--and to America's national security. It will integrate the key national security components--the Counterterrorism and Counterespionage Sections of the Criminal Division and the Office of Intelligence Policy and Review, which has the lead role in implementing the Foreign Intelligence Surveillance Act, FISA--under the leadership of a single Assistant Attorney General. Bringing together these mission-critical entities will enhance our ability to fulfill our top priority of preventing, disrupting and defeating terrorist acts before they occur.

The President approved the WMD Commission's recommendation more than a year ago. And Congress embraced the concept and fully authorized the National Security Division as part of the USA PATRIOT Act reauthorization. Congress has also approved a reprogramming request submitted by the DOJ and office space has been dedicated and renovated--but unfortunately, it remains vacant. It remains vacant because holds have been placed on the nomination and we have seen a filibuster-by-hold. The Department has done everything it can until this Senate confirms Mr. Wainstein. Obstruction from the other side of the aisle, Mr. President, is impeding efforts to improve national security. Long-term planning is being delayed and uncertainty is beginning to affect morale. The Department of Justice needs Mr. Wainstein on board, to provide leadership, vision and guidance. Again, like Ms. Fisher's stalled nomination, Democrat obstruction is impeding this effort to improve national security.

But Ms. Fisher and Mr. Wainstein are not the only nominees to face obstruction. Just looking back to a few others who were slotted to fill positions critical to our Nation's war on terror have likewise been filibustered. For instance, the current Deputy

Secretary of Defense, Gordon England, was filibustered before the President was forced to recess-appoint him. He was eventually confirmed. Undersecretary of Defense for Policy, Eric Edelman, was filibustered, recess-appointed, and finally confirmed; and Office of the Director of National Intelligence General Counsel, Ben Powell, likewise was filibustered, recess-appointed and finally confirmed.

This obstruction is not limited solely to nominations. Who can forget how proud Democrats were when they celebrated killing the reauthorization of the PATRIOT Act, one of the most important anti-terror tools for our front-line law enforcement and intelligence agents. Democrats also complain that we are not doing all we can to secure the safety of our citizens, and then promote hyperbole and hysteria about the Terrorist Surveillance Program, which is well within the President's authority during wartime, to conduct critical battlefield intelligence-gathering against foreign threats to America.

I think the American people see through this Democrat obstruction. But nominations to critical national security positions should not face partisan road blocks. I recently read a newspaper report on the nomination of Mr. Wainstein. It reported that the office was ready, the phone lines up and the computers humming, waiting on him to start. But, his nomination is being blocked on reasons unrelated to him. This obstruction must stop.

I am glad Ms. Fisher will be confirmed later today and I hope that the Senate will be able to move on to Mr. Wainstein's nomination quickly so that we do not leave critical national security offices unfilled.

In closing, I am pleased that President Bush has nominated Ms. Fisher to serve as Assistant Attorney General and I look forward to her continued service in that post. I ask my colleagues to support her nomination.

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