The Democratic chairs of the Senate Judiciary and intelligence committees told President Barack Obama today they support Attorney General Eric Holder’s handling of terrorism suspects.

Patrick Leahy (Getty Images)

Dianne Feinstein (gov)
Sen. Patrick Leahy of Vermont, the Judiciary panel chairman, and Sen. Dianne Feinstein of California, who chairs the Senate Select Committee on Intelligence, said they disagree with the barrage of recent criticism of the Attorney General and the Obama administration over decisions on terrorism cases.
“We should not let partisan distractions lead us to cast aside such valuable tools as the experienced terrorism interrogators of the FBI or forego convicting terrorists in our Federal courts,” the senators wrote in a joint letter to the president.
For months, Republicans have condemned Holder’s decision to try self-proclaimed Sept. 11 mastermind Khalid Sheikh Mohammed and four alleged coconspirators in a New York City federal court, arguing a military tribunal is a better forum. Democrats last month joined the criticism after New York City Mayor Michael Bloomberg (R) raised concerns about the costs and disruptions to Lower Manhattan of a lengthy trial requiring high security.
Republicans have also been upset over the decision to treat alleged Christmas Day airplane bomber Umar Farouk Abdulmutallab as a civilian and allow the FBI to read him the Nigerian national his Miranda rights after a brief interrogation. Sen. Kit Bond (R-Mo.), Sen. Lamar Alexander (R-Tenn.) and 2008 Republican vice presidential nominee Sarah Palin have suggested Holder resign over the issue.
Sen. Lindsey Graham (R-S.C.) introduced legislation earlier this month that would prohibit the Justice Department from using funds to prosecute KSM and his alleged accomplices in federal court. The bill has 27 co-sponsors, including Democratic Sens. Blanche Lincoln of Arkansas, Ben Nelson of Nebraska, Mark Pryor of Arkansas and Jim Webb of Virginia, all of whom represent conservative-leaning states. Independent Sen. Joe Lieberman of Connecticut, who caucuses with the Democrats, also is a co-sponsor.
Rep. Frank Wolf (R-Va.) introduced a companion bill in the House earlier this month. The bill has 49 co-sponsors, including Democratic Reps. Jason Altmire of Pennsylvania, Dan Boren of Oklahoma and Bobby Bright of Alabama.
“Congress should not tie the hands of our national security and law enforcement agencies, but should instead ensure they have the flexibility to use every means available,” Leahy and Feinstein said in their letter. “Congress should be working with you in a shared mission to most effectively protect our national security and to ensure that just convictions, once obtained, will be sustained and upheld.”
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A bipartisan group of senators led by Sen. Lindsey Graham (R-S.C.) unveiled legislation today that would prohibit the Justice Department from using funds to prosecute 9/11 “mastermind” Khalid Sheikh Mohammed and four of his alleged coconspirators in a federal court.
And Graham, flanked by his bill co-sponsors, told reporters on Capitol Hill that he that he isn’t playing politics over closing the Guantánamo Bay military prison. That was in response to President Obama’s complaint Monday on You Tube that “pretty rank politics” were slowing down his plan to relocate or prosecute about 200 terrorism suspects at the U.S. military base in Cuba.
Graham was flanked by seven co-sponsors of his measure, Jim Webb (D-Va.), Blanche Lincoln (D-Ark.), Joe Lieberman (I-Conn.) John McCain (R-Ariz.), Saxby Chambliss (R-Ga.), Orrin Hatch (R-Utah) and John Barrasso (R-Wyo.).

Lindsey Graham (Gov)
Last year, Attorney General Eric Holder announced that KSM and his alleged accomplices would be tried in civilian court in New York, instead of a military tribunal. Now, the DOJ is “scrambling” to find other locations for the civilian trial after sharp criticism about security and cost from key politicians, including New York City Mayor Michael Bloomberg.
“This whole process makes no sense,” Graham said. “It’s not about ‘rank politics’.”
One after another the bill co-sponsors came up to the microphone to denounce civilian trials for terrorism suspects, including Umar Farouk Abdulmutallab, who allegedly tried to ignite explosives in his underpants on a Dec. 25 Detroit-bound airplane flight.
Webb said holding non-military trials for terrorism suspects could “benefit the international terrorist movement.” Lieberman, who chairs the Senate’s Homeland Security and Governmental Affairs Committee, called the trials “justice according to ‘Alice in Wonderland’.” Sessions, who is the ranking Republican on the Judiciary Committee, said they are “a big mistake.”
“I think the president would do himself a great favor if he would overrule and say we’re not going to try these people here [in this country],” said Hatch, who also serves on the Judiciary Committee.
Graham told reporters that he doesn’t expect his bill to have a problem passing the Senate after the recent discussions concerning KSM and Abdulmutallab. The Senate defeated a similar proposal from Graham last November, tabling it on a 54-45 vote. Rep. Vern Buchanan (R-Fla.) introduced a bill in the House last month that would prevent terrorism suspects from receiving civilian trials.
The fiscal 2011 Justice Department budget unveiled on Monday requests that Congress allocate $73 million for transferring, prosecuting and incarcerating Guantánamo Bay detainees.
“Yesterday, the president introduced his budget and he said that anybody who had a good idea on how to get some savings in the budget let us know,” Barrasso said. “Well we all want to let the president know that there is a lot of savings to be had by not having these trials anywhere in the United States and keeping them in a military court. I think basically the Attorney General got it wrong.”
Videos of a Fox News interview with Chambliss, comments from Sen. Jeff Sessions (R-Ala.) at the press conference and a Fox News interview with Rep. Frank Wolf (R-Va.) about the House legislation are embedded below.
This post has been corrected from an earlier version.
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Key Senate Republicans today called on Attorney General Eric Holder to testify before Congress about the decisions that the Justice Department made about a man who allegedly tried to ignite explosives in his underpants on a Dec. 25 Detroit-bound airplane flight.
Senate Minority Leader Mitch McConnell (R-Ky.), and four top Republican committee members wrote in a letter to Holder that the decision to have FBI agents interrogate Umar Farouk Abdulmutallab and read the Nigerian his Miranda rights was “hasty.” They added that it appears that there was “little, if any, coordination” between the DOJ and national security officials.
“It is critical that the American people have a full and timely understanding of the policy and legal rationale upon which this ill-advised decision was made,” Sens. McConnell, Jeff Sessions, (R-Ala.), Christopher “Kit” Bond (R-Mo.), Susan Collins (R-Maine) and John McCain (R-Ariz.) wrote. Sessions is the ranking Republican on the Judiciary Committee; Bond is the top Republican on the Intelligence panel; Collins is the ranking Republican on the Homeland Security panel; and McCain is the ranking Republican on the Armed Services Committee.
DOJ spokesman Matthew Miller defended the decision, saying in a statement last week that the DOJ consulted national security officials before Abdulmutallab was charged in federal court and not taken into military custody. It is not clear exactly when in the decision-making process the DOJ consulted the national security officials on Abdulmutallab.
FBI Director Robert Mueller testified last week before the Senate Judiciary Committee that the events surrounding the alleged attempted bombing were “fast-moving” and authorities had “no time” to get other investigators in place. But Mueller said decisions were made “appropriately,” including the decision to read Abdulmutallab his Miranda rights.
The letter is the latest in a series of efforts by members of Congress to address the Abdulmutallab case.
Sessions previously wrote a letter to Holder last week demanding to know who made the decision to treat Abdulmutallab as a civilian. Earlier this week, Senate Homeland Security and Governmental Affairs Committee Chairman Joe Lieberman (I-Conn.) and ranking member Collins asked Holder to remove Abdulmutallab from federal custody and treat him as a military prisoner.
Rep. Lamar Smith (R-Texas), ranking member of the House Judiciary Committee, introduced legislation yesterday that would compel the DOJ to confer with the Director of National Intelligence and the secretary of Defense before deciding if a suspected terrorist should be tried treated as a civilian.
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The top ranking Republican of the House Judiciary Committee introduced legislation today that would compel the Justice Department to confer with the Director of National Intelligence and the secretary of Defense before deciding if a suspected terrorist should be tried treated as a civilian.

Lamar Smith (gov)
Rep. Lamar Smith (R-Texas) criticized the Obama administration’s decision to allow FBI agents to interrogate Umar Farouk Abdulmutallab and read the Nigerian his Miranda rights when he was captured after he allegedly tried to ignite explosives in his underpants on a Dec. 25 Detroit-bound airplane flight.
“Giving terrorists constitutional rights ignores the seriousness of the threat from al-Qaeda — these are acts of war, not isolated incidents of crime,” Smith said in a statement. “All terrorists should be interrogated by intelligence experts to obtain crucial information about future attacks. Anything less risks the safety and security of the American people.”
DOJ spokesman Matthew Miller defended the decisions, saying in a statement last week that the DOJ consulted national security officials before Abdulmutallab was charged in federal court. But it is still unclear exactly when in the decision-making process the DOJ consulted the nationaly security officials on Abdulmutallab.
Yesterday, Senate Homeland Security and Governmental Affairs Committee Chairman Joe Lieberman (I-Conn.) and the panel’s ranking Republican, Susan Collins of Maine, asked Attorney General Eric Holder to remove Abdulmutallab from federal custody to military detention.
Smith’s bill is co-sponsored by 17 Republicans: John Boehner, Ohio; John Carter, Texas; Buck McKeon, California; Peter King, New York; Ileana Ros-Lehtinen, Florida; Jim Sensenbrenner, Wisconsin; Howard Coble, North Carolina; Elton Gallegly, California; Daniel Lungren, California; Trent Franks, Arizona; Louie Gohmert, Texas; Jim Jordan, Ohio; Jason Chaffetz, Utah; Tom Rooney, Florida; Roy Blunt ,Missouri; Hal Rogers, Kentucky; and Don Manzullo, Illinois.
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The chairman and ranking Republican the Senate Homeland Security and Governmental Affairs Committee asked Attorney General Eric Holder today to remove the alleged Christmas Day airplane bomber from federal custody and treat him as a military prisoner.

Joe Lieberman (Gov)

Susan Collins (Gov)
Umar Farouk Abdulmutallab, who allegedly tried to ignite explosives in his underpants on a Dec. 25 Detroit-bound flight, is being held by federal authorities as a civilian. Panel Chairman Joe Lieberman (I-Conn.), the committee’s ranking member Susan Collins (R-Maine) and other conservative senators say the opportunity to gain valuable intelligence now may be lost, since Abdulmutallab is being treated as a criminal suspect with rights against self-incrimination.
“Though the president has said repeatedly that we are at war, it does not appear to us that the president’s words are reflected in the actions of some in the Executive Branch, including some at the Department of Justice, responsible for fighting that war,” Lieberman and Collins said in a joint letter to Holder and John Brennan, assistant to the president for homeland security and counterterrorism. “The unilateral decision by the Department of Justice to treat Abdulmutallab — a belligerent fighting for and trained by an al-Qaeda franchised organization — as a criminal rather than a [unprivileged enemy belligerent] and to forgo information that may have been extremely helpful to winning this war demonstrates that very point.”
Here is the full letter.
Last week, Senate Judiciary Committee ranking member Jeff Sessions (R-Ala.) demanded to know who decided to let FBI agents read Abdulmutallab his Miranda rights and treat him as a civilian. White House Press Secretary Robert Gibbs told reporters on Thursday he believes Holder was responsible for the decision.
DOJ spokesman Matthew Miller defended the Obama administration’s handling of Abdulmutallab. “Those who now argue that a different action should have been taken in this case were notably silent when dozens of terrorist were successfully prosecuted in federal court by the previous administration,” Miller said in the statement, citing the prosecutions of al-Qaeda operatives Richard Reid and Zacarias Moussaoui. Read Miller’s full statement here.
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Attorney General Eric Holder told a Senate panel today that the Justice Department is not prepared to work with Congress to probe the fatal Nov. 5 shootings at Fort Hood, Texas, until federal law enforcement authorities have a better understanding of the crimes allegedly perpetrated by Maj. Nidal Hasan.
The FBI and the military are in the early stages of investigating the shootings at the Army base near Killeen, Texas. Holder, speaking at a wide-ranging Senate Judiciary Committee oversight hearing for the Justice Department, said federal authorities are still trying to sort out all of the facts in the case.
“Once we have a handle on that, we can work with the committee to propose ways to prevent a tragedy like this from happening again,” Holder said.
There are few reported details on what caused Hasan, an Army psychiatrist, allegedly to kill 13 people at the military base. But federal authorities have been investigating e-mail conversations between Hasan and Anwar al-Awalki, a radical Muslim cleric in Yemen. Holder said at the hearing that the e-mails are “disturbing.”
Members of Congress have pushed for immediate hearings on the massacre. Senate Homeland Security Committee Chairman Joe Lieberman (I-Conn.) will hold a hearing tomorrow on the shootings, but no Obama administration officials are slated to testify.
Aides from the Justice and Defense departments have briefed senior members of Congress in closed door meetings, according to The Washington Post. Lieberman is also slated to meet with Holder and Defense Secretary Robert Gates this afternoon, according to Politico.
The Obama administration has made it clear to lawmakers that it doesn’t want Congress interfering with its probe of the shootings at this time, according to The Post.
“I want a successful prosecution, but I also want to know what happened,” Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) said at today’s hearing.
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Connecticut Gov. Jodi Rell (R), who on Monday announced that she will not seek re-election next year, has mentioned a former U.S. Attorney as a possible replacement, The Hartford Courant reports. Although Rell declined to endorse a candidate, she told The Courant there are several qualified Republicans, including former U.S. Attorney Kevin O’Connor.
O’Connor in 2002 was named U.S. Attorney for Connecticut, a position in which he served until April 2008. He also briefly served simultaneously as Associate Deputy Attorney General, from January 2006 to April 2006. In addition, O’Connor in 2007 was then-Attorney General Alberto Gonzales‘ chief of staff and in 2008 was confimred by the Senate as Associate Attorney General. He currently is a partner at Bracewell & Giuliani in Hartford.
O’Connor told the Courant in July he was not interested in running, but Rell’s announcement alters the political landscape. He was the GOP nominee for the First District U.S. House seat in 1998, but lost by 17 percentage points to Democrat John B. Larson. O’Connor’s name has also been mentioned as a possible challenger to Democratic Sen. Christopher J. Dodd.
Although Rell has not issued an endorsement, Lt. Gov. Michael Fedele(R) on Monday night said the governor had said she would support him for the Republican nomination, The Courant reports. When asked about Fedele’s statement, Rell told The Courant, “He is one of many people right now that have expressed an interest. He hasn’t declared yet that he’s running.”
Rell also mentioned House Republican leader Lawrence Cafero and Senate GOP leader John McKinney. “They’re all great Republicans, and they’re all very competent,” Rell told The Courant. Cafero announced his candidacy before Rell announced her plans to leave politics; McKinney has not announced whether he will run.
Among potential Democratic candidates, Connecticut Secretary of the State Susan Bysiewicz leads the pack, according to a poll released Tuesday by Quinnipiac University. She was favored by 26 percent of registered Democrats polled. She was followed by multimillionaire Ned Lamont, who was the Democratic nominee for Senate in 2006, with 23 percent. Lamont has not announced his candidacy for governor.
None of the other Democrats who have announced their candidacy reached double digits in the Quinnipiac poll. They include former state House Speaker Jim Amann, state Sen. Gary LeBeau, Stamford Mayor Dan Malloy and Ridgefield First Selectman Rudy Marconi.
The poll was conduced before Rell announced her intention not to seek re-election.
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With the exception of Civil Rights Division nominee Tom Perez, it seems unlikely the Senate will hold confirmation votes on other top Department of Justice nominees before the August recess, a Democratic aide with knowledge of the process told Main Justice.
The Senate Judiciary Committee is consumed by preparations for the Sonia Sotomayor Supreme Court nomination hearings that begin July 13. And Sen. Charles Grassley (R-Iowa) has threatened to put holds on some DOJ nominees until the department delivers written answers to several outstanding requests for information.
That means much of the Department’s top leadership probably will not be in place until September or later. Of the 15 DOJ nominees requiring Senate confirmation, six have yet to clear the hurdles. Here’s where they stand:
DAWN JOHNSEN: President Obama’s pick to lead the Justice Department’s Office of Legal Counsel was reported out of the Senate Judiciary Committee more than 90 days ago. The Democratic leadership has since tried to coax its counterparts in the minority to support a vote on the nomination, but the Republicans have refused to bite even with the August recess quickly approaching, the Democratic aide said Tuesday.
Leading Republicans including Sens. John Cornyn of Texas and Jon Kyl of Arizona have criticized Johnsen for her position on abortion rights and her strong disapproval of the Bush administration legal memos used to justify torture against suspected terrorists.
Assistant Majority Leader Sen. Dick Durbin (D-Ill.) has tried to round up enough votes to prevent a Republican filibuster of Johnsen for months. Sen. Richard Lugar of Indiana is the only Republican who has come out in support of Johnsen, a law professor at Indiana University in Lugar’s home state. Democrats are hopeful they still may persuade Maine Sens. Olympia Snowe and Susan Collins, moderate Republicancs who remain undecided on the OLC nominee.
But, even Democrats aren’t fully committed to Johnsen. Sen. Mark Pryor (D-Ark.) hasn’t said how he will vote, and Democratic Sens. Ben Nelson (Neb.) and Arlen Specter (Pa.) oppose her nomination. Nelson, however, has said he will vote with his party on a motion to cut off debate over Johnsen’s nomination – a procedural move to end a filibuster that requires 60 votes.
Snowe said earlier this month that there are other issues facing the Senate that could also delay a vote on the OLC nominee, including Sotomayor and the Obama administration’s ambitious health care system overhaul. ”I don’t know if it [Johnsen's nomination] is going to come up anytime soon,” Snowe said in an interview.
THOMAS PEREZ:
The Judiciary Committee reported the Civil Rights Division nominee to the full Senate on June 4 by a vote of 17-2. Perez, a non-controversial choice who is currently serving as Maryland’s secretary of labor, could go up for a vote in the Senate within a few weeks, the aide said.
The Maryland labor secretary met with Republican Sens. Jeff Sessions (Ala.), Jon Kyl (Ariz.) and Tom Coburn (Okla.) in a private meeting Wednesday evening, Kyl told Main Justice in an interview today after a Senate Judiciary Committee meeting. Kyl said his colleagues got a “much clearer view” of Perez from the meeting, which Perez’s home-state senator, Ben Cardin (D-Md.), also attended.
Coburn and Sessions had voted against Perez in committee. While it is unclear whether the conservatives will ultimately support Perez’s confirmation, it appears unlikley they will use procedural hurdles to block a floor vote.
“It was a good meeting,” Sessions said in an interview.
MARY L. SMITH:
A Senate vote on Smith will likely come much later, according to the Democratic aide. That’s because Smith, a Chicagoan and Clinton White House veteran who was an early supporter of Barack Obama, is opposed by Republicans for her lack of tax expereince. The Judiciary Committee reported her nomination June 11 on a party-line vote of 12-7. Republicans unanimously opposed her.
“She is inherently unqualified for this job,” Coburn said before the panel vote.
It isn’t clear why Smith was nominated. She is a former in-house counsel at Tyco International but has no prosecuting experience. She is a Native American and headed up the Obama DOJ transition team for the Tax Division. The DOJ issued a statement this week in support of her nomination, acknowleding she is not a “traditional tax lawyer” but arguing that her extensive securities law and litigation experience qualifies her for the job.
CHRISTOPHER SCHROEDER:
Office of Legal Policy nominee Christopher Schroeder will have his Senate confirmation hearing on Wednesday.
Schroeder is a Duke University law professor and a former Acting Assistant Attorney General for the Office of Legal Counsel in the Clinton administration. At the OLP, he will be in charge of judicial nominations and legal policy. Read his biohere.
Schroeder served on the Obama transition team for the Department of Justice. A critic of Bush-era legal policies, he was nominated after the president’s first pick for the job, Mark Gitenstein, withdrew under criticism about his lobbying work.
IGNACIA MORENO and LAURIE ROBINSON:
Moreno, counsel for corporate environmental programs at the General Electric Corp., is nominated the head the Environment and Natural Resources Division. Her corporate ties have stirred some controversy. Robinson is nominated to head the Office of Justice Programs. The DOJ veteran is already effectively in the job: She was named Acting Assistant Attorney General/Principal Deputy Assistant Attorney General for OJP on Jan. 28, 2009. Neither is scheduled yet for a Senate hearing.
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Sen. John McCain (R-Ariz.) tweeted this afternoon that House Democrats nixed an amendment proposed by Sens. Joe Lieberman (I-Conn.) and Lindsey Graham (R-S.C.) that would prohibit the release of photos depicting prisoner abuse.
Lieberman and Graham said in a joint statement Monday that they will use “all the legislative means available” to ensure that the pictures are not made public for three years. The senators added the Obama-backed ban on the photos to the wartime spending bill which passed the Senate late last month.
“Democrats dropping prohibition of releasing interrogation photos from war funding bill,” wrote McCain. “The release of interrogation photos vastly increases danger to our servicemen and women”
The House and Senate are in the process of reconciling differences in their versions of the wartime spending bill before it can be brought up for a final vote.
The House and Senate could be on the road towards a fierce fight over whether photos depicting prisoner abuse should be released, Politico’s Glenn Thrush wrote on his blog today.
Sens. Joe Lieberman (I-Conn.) and Lindsey Graham (R-S.C.) said in a joint statement today that they will use “all the legislative means available” to ensure that the pictures are not made public for three years. The senators added the Obama-backed ban on the photos to the wartime spending bill which passed the Senate late last month.
On the other side of Capitol Hill, House Democrats led by Reps. Barney Frank (Mass.) and Jerrold Nadler (N.Y.) have voiced their concerns over the Senate’s move, Thrush said. The Politico blogger added that House Speaker Nancy Pelosi (D-Calif.) said she supported the amendment last week and has since wavered on her original position.
The House and Senate must reconcile the differences in their versions of the wartime spending bill before the final bill can be sent to the President Obama’s desk. They are expected to finish hammering out the details this week.
“We will employ all the legislative means available to us including opposing the supplemental war spending bill and attaching this amendment, which was unanimously adopted by the Senate, to every piece of legislation the Senate considers, to be sure the president has the authority he needs not to release these photos and any others that would jeopardize the safety and security of our troops,” the senators said in the statement.
Lieberman said at a news conference last month that the release of the photos would just give into “voyeurism,” and they would be a recruiting tool for terrorists.
We previously reported that the collection includes official photos and informal pictures taken by soldiers. The pictures were obtained during Defense Department investigations of military prisons.
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