The Assistant Attorney General who heads the Justice Department office that helps the White House vet nominees for federal judgeships blamed Republicans for the low confirmation rate for the Barack Obama administration’s judicial picks, The Los Angeles Times reported.

Christopher Schroeder (DOJ)

Christopher Schroeder, who has led the Office of Legal Policy since April, said at the 9th Circuit Judicial Conference this month that almost half of the 876 seats on federal courts could be empty in the next ten years if the Senate does not pick up the pace of confirmations.

Obama has the lowest judicial confirmation rate of any president in the last three decades, according to the newspaper. The Obama administration has seen 47 percent of its nominees for federal judgeships secure confirmation. The last four presidents saw no less than 79 percent of their judicial picks nominated in the first 18 months of their presidencies win confirmation.

Schroeder, whose nomination was held up for months in the Senate, said a “determined minority” is keeping 39 judicial nominees at bay.

“Their objections often are unrelated to a specific nominee,” Schroeder said, according to the L.A. Times. “They’re systematic attempts to throw sand in the works.”

GOP leaders retaliating for Democratic efforts to hold up George W. Bush administration nominees are partly blame for the slow pace of judicial confirmations, Republicans told the newspaper. But they also said Obama has been slow to nominate federal judges.

“Republicans can’t block something that’s not there,” Don Stewart, an aide to Senate Minority Leader Mitch McConnell (R-Ky.), told the L.A. Times.

A top Senate Judiciary Committee aide will join the Justice Department Office of Legal Policy, Sen. Richard Durbin (D-Ill.) announced Thursday.

Michael Zubrensky (ACS)

Michael Zubrensky, who is Durbin’s senior counsel on the panel, will serve as a Deputy Assistant Attorney General at the DOJ office that helps vet judicial nominees and assists in the development of administration policy initiatives. He will start in August.

The Senate aide has advised Durbin on Senate Judiciary Committee matters for more than seven years. Zubrensky received his undergraduate degree from Harvard University in 1988. Stanford University awarded him his law degree in 1994.

He is married to Amy Zubrensky, an Assistant U.S. Attorney in D.C.

Please send news of moves, promotions and honors to personnelchanges@mainjustice.com.

The Senate on Wednesday confirmed Justice Department Office of Legal Policy nominee Christopher Schroeder by a 72-24 vote.

Christopher Schroeder (Duke University)

Schroeder, a Duke University law professor and former Office of Legal Counsel acting Assistant Attorney General, waited months for a vote in the full Senate.

The Senate Judiciary Committee initially endorsed Schroeder for the post last summer by voice vote, but his nomination spent several months stalled on the Senate floor before being returned to the White House in December. President Barack Obama re-nominated him in January and the panel approved him again in February on a 16-3 vote.

Republican Sens. Jon Kyl of Arizona, John Cornyn of Texas and Tom Coburn of Oklahoma voted against Schroeder in committee. Kyl expressed concern in February that Schroeder, who has been a critic of President George W. Bush’s national security policies, will vet judicial candidates. Schroeder will play a leading role in readying the replacement for retiring Supreme Court Justice John Paul Stevens.

Senate Judiciary Committee chairman Patrick Leahy (D-Vt.) lashed out at Republicans for delaying a vote on Schroeder and making it more difficult for the Obama administration to review judicial nominees. There are more than 100 vacant seats on the federal courts.

“What has this place come to … when we have filibusters on routine nominations like this?” Leahy said on the Senate floor.”We’ve never had anything like this before.”

Republicans have maintained that they are handling nominations responsibly. They have said their Democratic colleagues have the ultimate authority to hold votes because they control the Senate schedule. No Republican senators spoke on the floor during Wednesday’s debate on Schroeder’s nomination.

Sen. Ted Kaufman (D-Del.), a longtime friend of Schroeder, said Obama “has chosen wisely” in selecting the law professor to lead the DOJ office.

“Chris Schroeder has the experience, the intellect and the judgment to be a superb leader of the Office of Legal Policy,” Kaufman said on the Senate floor.

Tax Division nominee Mary L. Smith is the only other Assistant Attorney General candidate who is still pending in the Senate.

UPDATE:

In a statement, Attorney General Eric Holder welcomed Schroeder to the DOJ.

“I am pleased to welcome Chris back to the Department of Justice,” Holder said. “The Office of Legal Policy serves a crucial role at the department in coordinating some of our most important projects and initiatives.  Chris is an experienced and talented attorney, and I look forward to working with him on behalf of the American people”

The Senate roll call vote is below. Although Kyl opposed Schroeder in committee, he voted in favor of the nominee’s confirmation. Cornyn and Coburn, the other senators who opposed Schroeder in committee, voted against the nominee’s confirmation.

The Senate will vote on the confirmation of Justice Department Office of Legal Policy nominee Christopher Schroeder Wednesday.

The chamber will debate the nomination for three hours and likely vote in the afternoon.

Christopher Schroeder (Duke University)

The Senate Judiciary Committee initially endorsed Schroeder, a Duke University law professor, for the post last summer by voice vote, but his nomination spent several months stalled on the Senate floor before being returned to the White House in December. President Barack Obama re-nominated him in January and the panel approved him again in February on a 16-3 vote.

Republican Sens. Jon Kyl of Arizona, John Cornyn of Texas and Tom Coburn of Oklahoma voted against Schroeder in committee. Kyl expressed concern in February that Schroeder, who has been a critic of President George W. Bush’s national security policies, will vet judicial candidates.

Tax Division nominee Mary L. Smith is the only other Assistant Attorney General candidate who is still pending in the Senate.

Senate Majority Leader Harry Reid (D-Nev.) filed cloture on the nomination of Justice Department Office of Legal Policy nominee Christopher Schroeder Thursday night.

Christopher Schroeder (Duke University)

The procedure, which would cut off debate on the Schroeder nomination, means the Senate could vote to confirm the OLP nominee as soon as next week. Schroeder, a Duke University law professor, has waited months for a vote by the full Senate.

The Senate Judiciary Committee first approved Schroeder for the post last summer, but then his nomination spent several months stalled on the Senate floor before being returned to the White House in December. President Barack Obama re-nominated him in January and the Judiciary panel endorsed him again in February on a 16-3 vote.

Republican Sens. Jon Kyl (Ariz.), John Cornyn (Texas), and Tom Coburn (Okla.) voted against Schroeder in committee. Kyl expressed concern in February that Schroeder, who has been a critic of President George W. Bush’s national security policies, will vet judicial candidates.

Tax Division nominee Mary L. Smith is the only other Assistant Attorney General candidate who is still pending in the Senate.

She was first nominated in April 2009. Smith did not receive a single Republican vote when she was reported out of committee in June. GOP lawmakers said Smith, a Chicago lawyer who served in the Clinton White House counsel’s office, lacked tax law experience. After her nomination was returned to the White House before Congress adjourned last December, Obama re-nominated her in January and the committee approved her in February — again without any Republican support.

One other Assistant Attorney General post lacks a Senate-confirmed head or nominee — the Office of Legal Counsel.

The nomination of Dawn Johnsen to be Assistant Attorney General for the OLC was withdrawn last week after more than a year of criticism from Republicans because of her pro-abortion rights stance and her opposition to Bush administration national security policies. Like Schroeder and Smith, she spent several months waiting for a vote in the Senate last year before Obama re-nominated her in January. Obama has not yet nominated anyone else for the job.

President Obama signaled last night that he does not intend to make recess appointments next week for three top Justice Department nominees who have languished in the Senate since last year.

Dawn Johnsen (Indiana University)

In a statement following the confirmation of 27 nominees last night, the president indicated that he didn’t plan to make recess appointments while Congress is gone for the President’s Day recess next week for Dawn Johnsen for the Office of Legal Counsel, Mary L. Smith for the Tax Division and Christopher Schroeder for the Office of Legal Policy. But he didn’t rule out bypassing Senate confirmation in the future for some nominees.

Mary L. Smith (Schoeman, Updike & Kaufman)

“While this is a good first step, there are still dozens of nominees on hold who deserve a similar vote, and I will be looking for action from the Senate when it returns from recess,” Obama said. “If they do not act, I reserve the right to use my recess appointment authority in the future.”

A recess appointment lasts until the end of the next congressional session. Recess appointments are done infrequently, because they usurp the Senate’s constitutional role, angering many senators. During his tenure President George W. Bush made a number of recess appointments, spawning objections from Democrats.

Christopher Schroeder (Duke University)

Obama said he was “gratified” that Senate Republicans lifted their holds on nominees that allowed the Senate to confirm three U.S. Attorneys, a DOJ director and 23 other nominees last night before it left Washington for a week-long “state work period.”

The Johnsen, Smith and Schroeder nominations were stalled in the Senate last year for months before they were returned to the White House in December. President Obama renominated them in January.

President Barack Obama told reporters today that he is considering making recess appointments for nominees who are being held up by Republicans in the Senate.

“I respect the Senate’s role to advise and consent, but for months, qualified, non- controversial nominees for critical positions in government, often positions related to our national security, have been held up despite having overwhelming support,” Obama said in an unexpected appearance before the White House press corps.

Dawn Johnsen (Indiana University)

He didn’t say which nominees he may put in office without Senate confirmation during Congress’s recess next week for the Presidents Day holiday. Among the nominations that have stalled are Dawn Johnsen to head the Justice Department’s Office of Legal Counsel, Mary L. Smith for the Tax Division and Christopher Schroeder for the Office of Legal Policy. Their nominations languished in the Senate for months last year before they were returned to the White House in December and re-nominated last month.

“If the Senate does not act …, I will consider making several recess appointments during the upcoming recess because we can’t afford to let politics stand in the way of a well functioning government,” Obama said.

Obama made his remarks after meeting with Republican and Democratic congressional leaders Tuesday. He said he urged Senate Republicans to remove their holds on “nominees for critical jobs.”

“Surely we can set aside partisanship and do what’s traditionally been done with these nominations,” the president said.

A recess appointment lasts until the end of a current congressional session. Without Senate confirmation, the appointees must vacate their positions when a session ends. Recess appointments are controversial. President George W. Bush made a handful of recess appointments over the objections of Democrats, including John Bolton in 2005 to be the U.S. representative to the United Nations.

A senator’s hold doesn’t make it impossible for the Senate to consider nominees. Senate Majority Leader Harry Reid (D-Nev.) could file a cloture petition to move a nomination. Cutting off debate on a nomination, however, is a time-consuming process for the Senate and would be difficult for the Democratic majority with the addition of Sen. Scott Brown (R-Mass.) to the Senate. Brown became the 41st member of the Republican Senate conference last week, ending the Democrats’ filibuster-proof majority.

Reid said on the Senate floor last week that the president might have to start considering recess appointments.

Richard Shelby (Getty Images)

Republican Sen. Richard Shelby of Alabama has withdrawn most of his “holds” on presidential nominees, including President Obama’s picks for key Justice Department posts.

Shelby’s office announced late last night that the senator would drop his “blanket hold” on more than 70 nominees pending on the Senate Executive Calendar. A hold is when a senator — often anonymously — lets it be known he would oppose a unanimous consent request to bring a particular bill or nomination to the Senate floor. Without unanimous consent, Majority Leader Harry Reid (D-Nev.) would have to make a debatable motion to bring the matter to the floor, thus raising the possibility of a filibuster. Senate leaders usually do not even begin that process, recognizing it would be very time-consuming.

The DOJ nominees who were caught up in Shelby’s hold were:

• Mary L. Smith, to be Assistant Attorney General for the Tax Division. She was reported out of committee last Thursday.

• Christopher Schroeder, to be Assistant Attorney General for the Office of Legal Policy. He also was reported out of committee on Thursday.

• John Laub, to be director of the National Institute of Justice. He was reported out of committee on Dec. 3.

• Susan Carbon, to be director of the Office on Violence Against Women. She was reported out of committee on Dec. 3.

• Richard Hartunian, to be U.S. Attorney for the Northern District of New York. He was reported out of committee on Jan. 28.

• Andre Birotte Jr., to be U.S. Attorney for the Central District of California. He was reported out of committee on Jan. 28.

• Ron Machen, to be U.S. Attorney for the District of Columbia. He was reported out of committee on Jan. 28.

The Alabama senator had held up the more than 70 nominees since Thursday over concerns he has about a tanker contract that could bring 1,500 jobs to Mobile, Ala., and over funds he is requesting to build an FBI counterterrorism center in his state. Northrop Grumman is vying to win the tanker contract, and if successful, would assemble the planes in Mobile.

A spokesman for Shelby said the Republican had “accomplished” his goal by employing the “blanket hold,” according to Politico.

“The purpose of placing numerous holds was to get the White House’s attention on two issues that are critical to our national security – the Air Force’s aerial refueling tanker acquisition and the FBI’s Terrorist Device Analytical Center (TEDAC). With that accomplished, Sen. Shelby has decided to release his holds on all but a few nominees directly related to the Air Force tanker acquisition until the new Request for Proposal is issued,”  Shelby aide Jonathan Graffeo said in a statement, according to Politico.

Shelby still has holds on the nominations of Terry Yonkers, assistant secretary of the Air Force; Frank Kendall, principal deputy undersecretary of Defense for acquisition, technology, and logistics; and Erin Conaton, undersecretary of the Air Force, Politico said.

Democrats and White House press secretary Robert Gibbs had sharply criticized Shelby for the rare move to hold up all of Obama’s nominees who were waiting for votes in the full Senate. Last week, Gibbs said there likely wouldn’t be a “greater example of silliness throughout the entire year of 2010.”

Richard Shelby (Getty Images)

Seven Justice Department nominees that have been reported out the Senate Judiciary Committee might not receive votes on the Senate floor anytime soon thanks to Republican Sen. Richard Shelby of Alabama.

Last night Senate Majority Leader Harry Reid (D-Nev.) said that Shelby had placed a “blanket hold” on all nominations pending on the Senate Executive Calendar, including two Assistant Attorneys General nominees, two would-be directors of DOJ offices and three prospective U.S. Attorneys.

Those nominees are:

• Mary L. Smith, Assistant Attorney General for the Tax Division. She was reported out of committee yesterday.

• Christopher Schroeder, Assistant Attorney General for the Office of Legal Policy. He also was reported out of committee yesterday.

• John Laub, Director of the National Institute of Justice. He was reported out of committee on Dec. 3.

• Susan Carbon, Director of the Office on Violence Against Women. She was reported out of committee on Dec. 3.

• Richard Hartunian, U.S. Attorney for the Northern District of New York. He was reported out of committee on Jan. 28.

• Andre Birotte Jr., U.S. Attorney for the Central District of California. He was reported out of committee on Jan. 28.

• Ron Machen, U.S. Attorney for the District of Columbia. He was reported out of committee on Jan. 28.

But the Republican’s beef isn’t with the nominees.

The Alabama senator is holding up the nominees over concerns he has about a tanker contract that could bring 1,500 jobs to Mobile, Ala., and over funds he is requesting to build an FBI counterterrorism center in his state, according to The Caucus blog on The New York Times Web site. Northrop Grumman is vying to win the tanker contract, and if successful, would assemble the plans in Mobile.

“Senator Shelby has placed holds on several pending nominees due to unaddressed national security concerns,” Shelby spokesperson Jonathan Graffeo said in a statement, according to The Caucus. “Among his concerns is that nearly 10 years after the U.S. Air Force announced plans to replace the aging tanker fleet, we still do not have a transparent and fair acquisition process to move forward. The Department of Defense must recognize that the draft Request for Proposal needs to be significantly and substantively changed.”

He added: “Senator Shelby is also deeply concerned that the administration will not release the funds already appropriated to the FBI to build the Terrorist Explosives Devices Analytical Center. This decision impedes the U.S. military, the intelligence community, and federal law enforcement personnel in their missions to exploit and analyze intelligence information critical to fighting terrorism and ensuring American security worldwide.”

Shelby would be willing to speak with the Obama administration about his concerns at any time, according to the spokesman.

White House press secretary Robert Gibbs condemned Shelby for the rare decision to hold up all of Obama’s nominees who are waiting for votes in the full Senate.

“I guess if you needed one example of what’s wrong with this town, it might be that one senator can hold up 70 qualified individuals to make government work better because he didn’t get his earmarks,” Gibbs told reporters today, according to the blog. “If that’s not the poster child for how this town needs to change the way it works, I fear there won’t be a greater example of silliness throughout the entire year of 2010.”

The Democratic National Committee also posted a video on YouTube yesterday that alleges Shelby’s holds are threatening national security.

The senator’s holds don’t make it impossible for the Senate to consider nominees. Under normal circumstances, Senate leaders honor an individual senator’s hold. But if Majority Leader Reid wants to bring a nomination to the Senate floor, he could file a cloture petition. Cutting off debate on a nomination is a time-consuming process for the Senate and would be difficult for the Democratic majority with the addition of Sen. Scott Brown (R-Mass.) to the Senate. Brown became the 41st member of the Republican Senate caucus yesterday, ending the Democrats’ filibuster-proof majority.

Reid said on the Senate floor yesterday that the president might have to start considering recess appointments, which wouldn’t require confirmation.

“The president will look at all his options,” Gibbs said, according to The Caucus.

The Senate Judiciary Committee endorsed today two top Justice Department nominees whose nominations had languished on the Senate Executive Calendar for much of last year.

However, the panel lost its quorum — and its ability to conduct business — before it could consider the most high-profile nomination, that of Dawn Johnsen to head the Office of Legal Counsel.

At the end of 2009, the Senate returned all three nominations to the White House. President Obama promptly renominated them in January.

Mary L. Smith (Schoeman, Updike & Kaufman)

The panel today voted to report out of committee Tax Division nominee Mary L. Smith by a 12-7 vote. The committee endorsed Office of Legal Policy nominee Christopher Schroeder by a 16-3 vote.

As they did in her first committee vote last June, Republicans unanimously voted against sending Smith’s nomination to be Assistant Attorney General to the Senate floor. Republican senators have complained that Smith has virtually no tax law experience. The committee initially approved her last June 11 on a party line vote of 12-7.

“The Assistant Attorney General is not the kind of position that you probably would want someone learning on the job,” Sen. Chuck Grassley (R-Iowa) said at the committee meeting today.

Democrats defended Smith, noting her past work as an in-house counsel at Tyco International and as a DOJ trial attorney.

“She has more litigation, management and Justice Department experience than previous Tax Division nominees,” said Illinois Democrat Dick Durbin. He added that litigation is the “bread and butter” of the Tax Division.

Christopher Schroeder (Duke University)

On Schroeder’s nomination to be Assistant Attorney General in charge of the Office of Legal Policy, the Republican vote was split, with only Jon Kyl (Ariz.), John Cornyn (Texas), and Tom Coburn (Okla.) voting against Schroeder, who would be vetting judicial nominations if he is confirmed.

Schroeder, a Duke University law professor, has been a critic of President George W. Bush’s national security policies, which is a source of concern for some Republicans. The panel first reported him out of committee by voice vote on July 28, 2009.

“I find it very troubling that someone with those views would be vetting the judges nominated by the president,” Kyl said.

Jeff Sessions (R-Ala.), the panel’s ranking Republican, said Schroeder, a former chief counsel on the committee to then-Sen. Joe Biden (D-Del.), said the professor is a “strong partisan.” But the Republican senator said Schroeder’s views shouldn’t disqualify him from leading the Office of Legal Policy, because the office “has some political component to it.”

“The nominee is smart and capable,” Sessions said.

The panel also held over several judicial nominations and DOJ Bureau of Justice Statistics nominee James P. Lynch. The committee will consider Lynch and Johnsen at its meeting next Thursday.

“I must admit I am troubled by the number of nominations that get held,” panel Chairman Patrick Leahy (D-Vt.) complained. “Vote them up, or vote them down.”

This report was updated at 2:02 p.m.