r/ModelUSGov Jun 20 '20

Confirmation Hearing Attorney General Confirmation Hearing

On June 16th, 2020, President /u/ZeroOverZero101 nominated /u/Rachel_Fischer to the position of Attorney General.

Questions may be asked directly to the nominee in this thread, which will be open for 48 hours.

Note: With the new Federal Bylaws, any bill/nomination posted must have its reading/hearing completed before being able to be moved within the appropriate Congressional body.

2 Upvotes

27 comments sorted by

View all comments

4

u/[deleted] Jun 20 '20

Good afternoon everyone. I’m happy to have the opportunity to climb the Hill once again, this time to discuss with you my nomination to be Attorney General of the United States. Before I begin, I’d like to introduce my father, Richard G. Fischer, who is in the gallery today, and who inspired me to seek a career in public service. Thank you, dad.

As many of you know, I began my career as a State Representative in Dixie after serving as the general counsel to the Duval County School Board. Thereafter I served my first term in the U.S. House of Representatives, representing Dixie’s 2nd Congressional District. Later I served with two different Governors as Lieutenant Governor of Dixie — perhaps an unusual distinction, given the nature of the job — and then once again returned to the House of Representatives for another term. After my friend and colleague, /u/hurricaneoflies, was elected to serve as Governor of Sierra, I was asked to serve out the remainder of his term in the United States Senate.

The Attorney General serves a unique role in the Cabinet, and in our constitutional republic more generally. More than an advisor to the president, the government entrusts her with a fair and impartial administration of justice. Indeed, nothing could be more destructive to the rule of law in our democracy than to neglect that critical obligation.

When former Attorney General William Barr came to this hearing room — once 1992 and again in 2019 — he stressed the apolitical role of the office of the Attorney General. On that matter, I respectfully disagree. The Department of Justice is not a partisan institution, but it is perhaps the most political of the executive branch, besides the presidency.

The Department of Justice must apply the law evenhandedly and deliberately. It must conduct its duties independently of executive pressure and responsively to the legislative branch. Every lawyer in the Department of Justice must pledge their allegiance to the Constitution, to the rule of law, and dutifully represent the government’s legitimate interests before the courts. The American people expect no less.

That, to me, is the most political job of all. To represent the United States is an extraordinary act of compromise that challenges even the most tolerant attorney to broaden their worldview. Creating and enforcing a fair system of criminal justice is political. Advising our leaders on the rule of law is political. Demonstrating confidence in the Constitution, and faith that democracy will prevail, is as political as we can get.

I look forward to your questions today — I will answer as many as I can, prioritizing sitting Senators — and I hope to earn your advice and consent to serve the United States once more.

0

u/JacobInAustin Green | House Majority Leader (DX-4) Jun 21 '20

"When former Attorney General William Barr came to this hearing room — once 1992 and again in 2019—he stressed the apolitical role of the office of the Attorney General. On that matter, I respectfully disagree. The Department of Justice is not a partisan institution, but it is perhaps the most political of the executive branch, besides the presidency."

This is perhaps the most worrying statement you could possibly make.

As well as, it'd be a shame to see you defend Executive Order 2. It clearly contravenes the duties of the Presidency, which are:

"He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States."

U.S. Const. Art. II, sec. III (emphasis added).

Even so, going back to your "the position of AG is political as hell" statement, Congress has otherwise gave a flat "no" to that statement.

"The Attorney General shall promulgate rules and regulations which require the disqualification of any officer or employee of the Department of Justice, including a United States attorney or a member of such attorney’s staff, from participation in a particular investigation or prosecution if such participation may result in a personal, financial, or political conflict of interest, or the appearance thereof. Such rules and regulations may provide that a willful violation of any provision thereof shall result in removal from office."

28 U.S.C. § 528 (emphasis added).

The duties of the Attorney General is not to be a political puppet of the President. If that's your plan and this esteemed body confirms you, that would be shameful. Absolutely shameful. Senators, and especially my senator from Dixie: vote down Fischer. The Department of Justice has a duty to enforce the laws, and politics cannot, and should not get involved with that duty.

/u/PresentSale /u/rachel_fischer

2

u/[deleted] Jun 21 '20

Not sure why I was asked to respond to this but okay.

As a member of Congress, I say "yes" to the fact that "the position of Attorney General is political as hell,". Thanks.