Grassley: Iowan Rachel Brand Brand will be Superb Associate Attorney General

 

 

I’m pleased the Senate is considering Rachel Brand to be the Associate Attorney General. Ms. Brand is a native Iowan and I’m proud to be supporting her nomination on the Floor today.

 

She has had a distinguished legal career. In fact, she was appointed to Senate-confirmed positions by both President Bush and President Obama and both times she was confirmed by voice vote by the Senate.

 

Ms. Brand has a broad range of legal experience in both the government and the private sector.

With her previous positions in the White House, Office of Legal Policy, and the Privacy and Civil Liberties Oversight Board, she has experience that touches almost every part of the federal government.

 

As the Assistant Attorney General for the Office of Legal Policy, she was a member of the senior management team of the Department of Justice, working with components and law enforcement agencies across the Department.

 

Similarly, at the Privacy and Civil Liberties Oversight Board, Ms. Brand worked with diverse agencies to ensure that privacy and civil liberties are taken into account while carrying out the important mission of protecting the nation from terrorism. And during Ms. Brand’s tenure in the private sector, she gained extensive litigation management experience that will serve her well as she oversees the Department’s civil litigating components. 

 

Now, many of my colleagues on the other side of the aisle have said they aren’t supporting her nomination because of the work she did in the Chamber of Commerce.

So, I wanted to take a minute to address these concerns. First, when she worked at the Chamber, all her advocacy was done to represent the views of her client, the Chamber. We all know we can’t assume an attorney personally believes in what they’re advocating for on behalf of their client. Just ask criminal defense attorneys.

 

Furthermore, she was not involved in any policy or lobbying apparatus of the Chamber. Her role there was to bring lawsuits challenging rules that the Chamber believed were unlawful, and to file amicus briefs providing the courts with the views of the business community.

During her time there, the Chamber challenged a handful of the thousands of regulations promulgated by federal agencies. The arguments Ms. Brand made in those lawsuits or amicus briefs were generally that the agency had acted beyond the scope of the authority Congress had granted it, or had failed to follow the reasoned decision-making process required by the Administrative Procedure Act. In many of these cases, the courts agreed with the Chamber that the government had acted unlawfully.

 

So, to summarize: during her time at the Chamber, Ms. Brand argued that government agencies went beyond the authority that Congress had given them. She argued that these agencies weren’t acting under the scope of Congressional authority. And she argued that Congressional authority had to be respected.

 

Seems to me it’s up to Congress to give these agencies more authority if we think they need it. But it’s not a good reason to vote against Ms. Brand’s nomination because she argued federal agencies need to follow the direction of Congress.

 

Finally, some Senators have mentioned they’re concerned with her views on the Voting Rights Act. But during her hearing, Ms. Brand told the Committee that she shares concern for anything that would violate the Voting Rights Act and would suppress votes. And she believes “enforcement of that statute to be a core enforcement function of the Civil Rights Division.” I take her at her word that she strongly believes in voting rights.

 

It’s more than a little puzzling that when Republicans opposed a woman for a government position, the Democrats would always bring up gender politics. But, when they oppose a woman for a position, that’s somehow okay. They can’t have it both ways.

 

I believe Ms. Brand will be a superb Associate Attorney General – the first female in this role, I might add—and that she will serve the office with great distinction. I urge my colleagues to join me in supporting her nomination.

 

I yield the Floor.

 

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