Senate confirms US attorneys previously blocked by Vance due to DOJ ‘politicization’.
The Senate Overcomes Sen. Vance’s Hold on Justice Department Nominees
The Senate found a way to bypass Sen. J.D. Vance’s blanket hold on Justice Department nominees on Friday by confirming two U.S. attorneys. Tara McGrath and Todd Gee, who will serve as the top law enforcement officers for the southern districts of California and Mississippi, respectively, were confirmed in bipartisan votes, although McGrath’s victory was by a narrow margin.
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Both nominees had previously advanced out of the Senate Judiciary Committee earlier this year by voice vote. However, Vance opposed their swift consideration on the Senate floor due to what he and other Republicans perceive as the “politicized” prosecution of former President Donald Trump.
Just two days prior, Vance blocked a request by Sen. Dick Durbin (D-IL), the chairman of the Judiciary Committee, to move their nominations as part of a group of four but indicated he would support stand-alone votes.
McGrath, who will oversee one of the busiest districts in the country due to the high volume of drug and human smuggling at the southern border, was confirmed with a vote of 52-37, while Gee received a vote of 82-8.
Durbin celebrated their confirmation in a statement aimed directly at Vance, who has been using his holds since June to obstruct the Justice Department’s operations.
“Mr. Gee’s and Ms. McGrath’s confirmations are a welcome breakthrough in the logjam caused by Sen. Vance’s misguided hold on Justice Department nominees,” Durbin said. “These two public servants will serve with integrity and ensure justice for their respective districts, prosecuting violent criminals and protecting our communities from drug traffickers, gun violence, terrorism, and other crimes.”
“If Sen. Vance stands by his campaign promise to ‘fight the criminals, not the cops,’ he’d stop forcing the Senate to engage in procedural gymnastics and swiftly confirm top federal law enforcement officers,” he added.
Vance has made it clear that his blockade is not aimed at any specific nominee but rather as a stand against the prosecution of Trump, who is currently facing two federal investigations. One investigation focuses on his handling of classified documents, while the other examines his efforts to overturn the results of the 2020 election. Trump is also the leading contender to challenge President Joe Biden in the upcoming presidential election.
Sen. Tommy Tuberville (R-AL) has also placed a hold on Biden nominees, specifically on Pentagon nominees due to its abortion policy, resulting in the entanglement of around 300 high-ranking officers. Additionally, Sens. Bernie Sanders (I-VT) and Joe Manchin (D-WV), the chairmen of the Senate’s health and energy committees, have implemented their own blanket holds over policy disputes.
Durbin points out that holds on U.S. attorneys were uncommon until recently. Typically, they are considered in groups by voice vote to save time on the Senate floor.
In the previous Congress, Democrats faced similar opposition from Sen. Tom Cotton (R-AR), partly due to the Justice Department’s handling of Black Lives Matter protests.
Following the confirmation votes, Durbin made another request for unanimous consent on two additional U.S. attorney nominees, Rebecca Lutzko and April Perry. However, Vance once again blocked their consideration.
Vance, one of the 37 Republicans who voted against McGrath’s nomination, also criticized Perry in a floor speech, claiming that she had “rubber-stamped” the “pretty unethical behavior” of Kim Foxx, Chicago’s top prosecutor, during her time assisting with the prosecution of Jussie Smollett.
However, the majority of Vance’s remarks focused on his objections to the Justice Department’s conduct.
“This is crazy, banana republic stuff, and I will not stand for it,” Vance said, demanding that each nominee go through regular order and a stand-alone vote. “I will continue to hold these nominations. I will continue to push back against the politicization of justice.”
“Because of the corruption of Merrick Garland’s Department of Justice, it’s what I ask with this nominee and with any in the future,” he added.
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What parliamentary maneuver did Senate Majority Leader Chuck Schumer utilize to confirm McGrath and Gee?
Ential election.
Despite Vance’s hold, Senate Majority Leader Chuck Schumer (D-NY) remained determined to fill the vacancies in the Justice Department. He utilized a parliamentary maneuver known as “filling the tree” to allow for the confirmation of McGrath and Gee. The tactic involves offering multiple amendments to a bill in order to prevent the addition of any further amendments, effectively ensuring a vote on the nominees.
Schumer’s move was met with praise from Democrats who have grown increasingly frustrated with Vance’s obstructionist tactics. Senator Elizabeth Warren (D-MA) expressed relief at the progress made, stating, “It’s about time that we put the needs of our justice system and the American people above political games. These confirmations are a step in the right direction.”
However, Republicans criticized the maneuver, calling it a “power grab” by Schumer. They argued that Vance’s hold on the nominees was a legitimate exercise of his senatorial power and should not be circumvented.
The confirmation of McGrath and Gee comes at a critical time for the Justice Department, as it faces numerous challenges, including the ongoing fight against organized crime, drug trafficking, and cybercrime. With the confirmation of these U.S. attorneys, the department can begin the important work of addressing these issues and ensuring justice for all Americans.
Moving forward, the Senate will likely continue to grapple with Vance’s blanket hold on Justice Department nominees. As the midterm elections approach, the political stakes are high, and the battle for control of the Senate becomes even more contentious. In the meantime, the confirmation of McGrath and Gee represents a small victory for those seeking to uphold the integrity of the Justice Department and ensure the fair and impartial execution of the law.
It remains to be seen how Vance will respond to the confirmation of McGrath and Gee. Will he continue his hold on other Justice Department nominees, or will he reassess his position? Only time will tell. In the meantime, the Senate must continue its work to fill the vacancies in the Justice Department and ensure that justice is served for all Americans, regardless of political affiliations.
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