BLT:
It didn’t take long.
“Do you consider waterboarding torture?” asked Sen. Edward Kennedy (D-Mass.), about 20 minutes into today’s confirmation hearings for Deputy Assistant Attorney General nominee Mark Filip (right).
Filip, clearly anticipating the question, said that while he found the method personally “repugnant,” he could not discus its legality without having reviewed the department’s legal opinions.
“’Repugnant' is not the answer that meets the requirements in terms of the various statutes,” Kennedy said.
It was reminiscent of -- no, it was exactly the same answer Attorney General Michael Mukasey gave the committee during his own confirmation hearings in October. But Filip had an additional excuse, telling the committee that he would not discuss an issue that his would-be boss was reviewing.
“I don’t think I could get out in front of him like that,” Filip concluded.
That was about as hairy as things got for Filip, 41, a judge for the U.S. District Court for the Northern District of Illinois. Revelations of the CIA’s destruction of videotaped interrogations in 2005 drove much of the questioning, and Filip seemed to satisfy the committee with his assurances that he would respect the oversight function of Congress if confirmed, though he stopped short of deferring to Congress entirely.
Mukasey angered members of Congress last week for refusing to turn over information about the Department of Justice’s role in the destruction of the tapes. In a letter to the Judiciary Committee’s chairman, Sen. Patrick Leahy (D-Vt.), and ranking member, Sen. Arlen Specter (R-Pa.), the attorney general said it was the department’s practice to withhold information in ongoing investigations to prevent the perception of political influence.
In the hearing today, Specter felt around for Filip’s understanding of congressional oversight, asking the judge whether he thought the department should cooperate in congressional investigations.
Parallel investigations can and have occurred, but both branches “need to be mindful of one another,” particularly in criminal cases that could be jeopardized by public disclosure, Filip said.
Specter tried again, noting Supreme Court decisions that have recognized the primacy of Congress’ oversight role even during criminal prosecutions.
“I would hope, senator, not to have to pick between the two,” Filip said.
“If you had to choose, doesn’t the primacy of Congress prevail?” Specter pressed.
“I would try very hard to find common ground,” Filip said.
Later, when Sen. Orrin Hatch (R-Utah) criticized his colleagues on the committee for asking the Justice Department to be “independent from the president but dependent on Congress,” Filip appeared to agree.
“At this point, it would make sense to give some breathing room to the department,” Filip said.
Filip was a partner at Skadden, Arps, Slate, Meagher & Flom in Chicago until his appointment to the bench in 2004. (More than one senator mentioned that the judge was confirmed by a 96-0 vote.) Filip was praised for his work as a federal prosecutor in Chicago, where he made a name for himself fighting corruption before leaving for private practice.
“He’s one of our stars,” said Rep. Mark Kirk (R-Ill.), who introduced Filip to the committee.
The committee has not scheduled a vote. Leahy said today that he and Specter had discussed asking the president to appoint Filip as acting deputy attorney general, the department's No. 2 spot, until his nomination is put to a vote.
1 comment:
The Pillsbury dough boy had ate well and learned well on how to be a crook while being a Judge. He's earned the right to move up in the Republican party. Look out Mikie, Mark the shark will soon be AG as he positions himself to run you over with a bus. Yes Mark is skillful with his words and will do his best even allow murder if necessary to keep the Corrupt Administration in place. I only hope Mark doesn't bust open with the fat he's carrying.
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