Loretta Lynch Survives Deeply Partisan Vote, Wins Confirmation as Attorney General

2015/04/23 –Ā Loretta LynchĀ won confirmation as the new attorney general Thursday, surviving a deeply partisan vote that reflected Republicansā€™ anger at President Obama more than worry overĀ Ms. Lynch, who will be the first black woman to hold the top law enforcement post.

She will replaceĀ Eric H. Holder Jr., who had a historic but rocky six years as Mr. Obamaā€™s first attorney general, andĀ Ms. LynchĀ will be charged with continuing the defense of theĀ White Houseā€™s executive actions that have sparked repeated legal battles withĀ CongressĀ and the states.

ā€œAmerica will be better off,ā€ Mr. Obama said in a statement after the confirmation vote, saying her role in picking judicial nominees, enforcing voting rights laws and pursuing counterterrorism cases means sheā€™ll touch the lives of all Americans. ā€œLorettaā€™s confirmation ensures that we are better positioned to keep our communities safe, keep our nation secure and ensure that every American experiences justice under the law.ā€

Black female House members packed the back of theĀ SenateĀ chamber to observe the history-making vote, and greetedĀ Ms. Lynchā€™s Democratic supporters in theĀ SenateĀ with hugs and cheers.

Ms. LynchĀ cleared theĀ SenateĀ on a 56-43 vote, with all of the opposition coming from Republicans, who said they hope she proves their fears wrong.

ā€œI hope she can recover from her testimony, where she seemed to embrace the presidentā€™s illegal executive action [on immigration] without regard to the fact that it is a constitutional overreach,ā€ said Sen. John Cornyn, a Texas Republican who voted againstĀ Ms. Lynch.

Mr. Obama had nominatedĀ Ms. LynchĀ in the wake of last yearā€™s elections, hoping for quick action. But Democrats, who controlled theĀ SenateĀ during the lame-duck session ofĀ Congress, put off action on her, believing she would easily clear when theĀ GOPĀ took control in January.

Instead she languished as both sides clashed over abortion-funding provisions in an anti-human trafficking bill. An agreement this week finally cleared that snag, setting up the finalĀ LynchĀ vote.

Democrats called the delays a black mark for Republicans, whom they accused of thwarting civil rights history.

ā€œAt long last this embarrassment for theĀ SenateĀ is over, and this triumph for the American people will occur,ā€ said House Minority Leader Nancy Pelosi, California Democrat.

Ten Republicans, including Majority Leader Mitch McConnell, voted to confirmĀ Ms. Lynch, with many of them saying they believed she would be better thanĀ Mr. Holder.

But others said that wasnā€™t enough.

ā€œMs. LynchĀ has demonstrated tremendous intellect, a willingness to be a strong federal prosecutor and a proven record of commitment to public service, but her confirmation to be our nationā€™s top law enforcement officer does not exist in a vacuum,ā€ said Sen. Tim Scott, of South Carolina, the chamberā€™s only black Republican. ā€œAt the end of the day,Ā Ms. LynchĀ demonstrated that she will not be the independent voice that our country needs.ā€

Ms. LynchĀ grew up in a North Carolina still struggling with civil rights issues, including at her high school, where she was the schoolā€™s valedictorian ā€” but officials, wary of having a lone black honoree, decided she needed to share the top billing with two other students.

She graduated from Harvard College and got her law degree from Harvard Law School, and has twice served as U.S. attorney for the Eastern District of New York ā€” first under President Clinton and beginning again under Mr. Obama.

None of her opponents questioned her qualifications, and she has headed some of the Justice Departmentā€™s highest-profile cases, including terrorism prosecutions and the case against former Rep. Michael Grimm, a New York Republican who resigned his seat and pleaded guilty to felony tax evasion.

The opposition toĀ Ms. LynchĀ instead flowed almost entirely due to her boss, Mr. Obama, and his efforts to test the limits of executive power, drawing fierce pushback from Republicans on Capitol Hill, who accused him of ignoring the Constitution.

At her confirmation hearingĀ Ms. LynchĀ defended the Justice Departmentā€™s legal reasoning underpinning Mr. Obamaā€™s deportation amnesty programs and refused to second-guess the president on a series of other actions.

Republicans also demanded to know howĀ Ms. LynchĀ would be different fromĀ Mr. Holder, who has repeatedly clashed with theĀ GOP, accused Mr. Obamaā€™s opponents of being motivated by race and withheld documents fromĀ CongressĀ ā€” resulting in him being the first attorney general in history to be held in contempt ofĀ Congress.

At her confirmation hearing and in written responses to follow-up questions,Ā Ms. LynchĀ insisted she would be different fromĀ Mr. Holder, though the only area she specifically identified where she might draw distinctions was on her willingness to be transparent.

Ms. LynchĀ also couldnā€™t think of any areas where she had made mistakes other than on cybersecurity, where she said sheā€™s done a great job but wished sheā€™s gotten on top of the issue even earlier.

Democrats said opposingĀ Ms. LynchĀ because she defended the president was a troubling precedent to set.

ā€œThis defies common sense,ā€ said Sen. Claire McCaskill, Missouri Democrat. ā€œYou must vote against a nominee for the Cabinet of the duly elected president of the United States because she agrees with the duly elected president of the United States? Think of the consequences of that vote. Think what that means to the future of advise and consent in theĀ Senate.ā€

But Republicans said her agreement with Mr. Obama went beyond normal bounds and suggested she would not be the independent officer they insisted the attorney general needs to be.

They contrasted her with Sally Quillian Yates, whom Mr. Obama nominated to be deputy attorney general and who cleared theĀ SenateĀ Judiciary Committee on an 18-2 vote Thursday morning just minutes before the filibuster vote onĀ Ms. Lynch.

Ms. Yates, who is white, is a prosecutor in Georgia, and had strong support of that stateā€™s two Republican senators, which helped her nomination.

During her confirmation hearings she generally defended the presidentā€™s policies but did say she viewed the role of the Justice Department as being an independent constitutional authority whose clients are the American people, not the president orĀ Congress.

ā€œThis may seem to some like a small point, but itā€™s important to me,ā€ said Sen. Chuck Grassley, Iowa Republican and chairman of the committee, who helped shepherd Ms. Yatesā€™ nomination through the panel, but who opposedĀ Ms. Lynch.

Sen. Ted Cruz, a Texas Republican who is running for theĀ GOPā€™s 2016 presidential nomination, missed the vote. Sens. Marco Rubio and Rand Paul, two other announced candidates, both voted against her.

Sen. Lindsey Graham, a South Carolina Republican who has said he is pondering aĀ White HouseĀ bid, voted forĀ Ms. Lynch.

ā€œThe best thing for the country is to have a new attorney general and close the book on Eric Holder,ā€ Mr. Graham said, adding that he also believed presidents deserved ā€œlatitudeā€ in picking their own Cabinet team.

 

Source: The Washington TimesĀ 

Stephen Dinan

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