A former Deputy Director of the Justice Department Office of Tribal Justice this week called on the Senate to take action on President Barack Obama’s pick to lead the DOJ Tax Division.
Lawrence R. Baca, who worked at the DOJ from 1976 to 2008, wrote in an Indian Country Today column that he can no longer remain silent about Tax Division nominee Mary L. Smith, a Cherokee Nation member, who has been stalled for several months. He said Smith should receive “immediate confirmation,” noting that she would be the highest-ranking American Indian to ever work at the DOJ if she is confirmed.
Mary L. Smith (Chicago Bar)
Smith was first tapped for the post in April 2009, but has languished in the Senate over Republican concerns about her lack of tax law experience. The Senate Judiciary Committee first approved her in June 2009 without any Republican support and her nomination was returned to the White House in December. Obama re-nominated her in January and she was reported out of committee again in February without any backing from Republicans.
“There is no reason to treat any presidential nominee with such disrespect,” said Baca, the national president of the Federal Bar Association. “Surely a nomination of such historic importance should not be allowed to languish. This ‘first’ for Indian country deserves a confirmation vote.”
A Democratic aide said earlier this month that Senate Majority Leader Harry Reid (D-Nev.) would have to file for cloture to cut off debate on her nomination. The aide said the minority leadership is holding up any nominee who is opposed by all Republicans in committee.
But Sen. Jeff Sessions of Alabama, the ranking Republican on the Senate Judiciary Committee, said earlier this month that he hadn’t heard any discussion about moving her nomination. The Senate will be on recess next week for the Memorial Day holiday.
Smith is the only Assistant Attorney General nominee who is still waiting for a vote in the Senate.
She was one of three nominees returned to the White House in December and re-nominated in January. One of the nominees, Christopher Schroeder for the Office of Legal Policy, was confirmed last month. The other nominee, Dawn Johnsen for the Office of Legal Counsel, withdrew her nomination last month.
Schroeder was only opposed by a few Republicans in committee. Johnsen — like Smith — didn’t receive any GOP support in committee.
