President Barack Obama announced on Tuesday the nomination of Republican David B. Barlow for U.S. Attorney for the District of Utah, a selection that disappointed members of his own party.
Barlow was recommended to the White House by Sen. Orrin Hatch (R-Utah), and since January, he has served as general counsel and chief counsel for Sen. Mike S. Lee (R-Utah), a tea party insurgent who won the seat after incumbent Sen. Robert Bennett (R-Utah) was knocked out of the running during a GOP selection process earlier last year. Before that, Barlow worked at Sidley Austin LLP as both an associate and partner.
He would replace interim U.S. Attorney Carlie Christensen, who has served there since her former boss, Bush administration appointee Brett L. Tolman, stepped down in December 2009.
But the White House’s choice disappointed some local Democrats, who expressed frustration that Obama was ignoring many of the state’s talented Democratic attorneys.
And this isn’t the first time Obama has decided to ignore recommendations from Democrats. In Texas, the administration nominated Republican picks for all four U.S. Attorney’s offices last month, despite receiving Democratic suggestions.
Those nominations included John Malcom Bales for the Eastern District of Texas, Kenneth Magidson for the Southern District of Texas, Robert Pitman for the Western District of Texas and Sarah Saldana for the Northern District of Texas – all endorsed by Texas Republican Sens. John Cornyn and Kay Bailey Hutchison.
In Utah, the White House has seemed to struggle with finding a permanent U.S. Attorney. The administration had previously considered – but apparently abandoned – Scott Burns, former deputy director of the White House Office of National Drug Control Policy under President George W. Bush, for the Utah U.S. Attorney position. Burns was also recommended by Hatch.
And before Burns, many expected former Utah Assistant U.S. Attorney David Schwendiman would fill the position. But Schwendiman announced in July 2010 that he was no longer under consideration and refused to say why. Instead, he returned to the office as senior litigation counsel.
The White House also never specified its reasons for abandoned Schwendiman’s potential nomination.
UDPATED: Included Sen. Lee’s affiliation with the Tea Party.
