[Senate Hearing 112-323]
[From the U.S. Government Publishing Office]
S. Hrg. 112-323
NOMINATIONS OF MICHAEL A. HUGHES,
NANCY M. WARE, DANYA A. DAYSON,
PETER A. KRAUTHAMER, AND JOHN F. MCCABE
=======================================================================
HEARING
before the
COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
__________
NOMINATIONS OF MICHAEL A. HUGHES TO BE U.S. MARSHAL, SUPERIOR COURT OF
THE DISTRICT OF COLUMBIA; NANCY M. WARE TO BE DIRECTOR, COURT SERVICES
AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA; DANYA A.
DAYSON, PETER A. KRAUTHAMER, AND JOHN F. MCCABE TO BE ASSOCIATE JUDGES,
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
__________
NOVEMBER 8, 2011
__________
Available via the World Wide Web: http://www.fdsys.gov/
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Committee on Homeland Security and Governmental Affairs
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COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri ROB PORTMAN, Ohio
JON TESTER, Montana RAND PAUL, Kentucky
MARK BEGICH, Alaska JERRY MORAN, Kansas
Michael L. Alexander, Staff Director
Kristine V. Lam, Professional Staff Member
Lisa M. Powell, Staff Director, Subcommittee on Oversight of Government
Management, the Federal Workforce, and the District of Columbia
Christine S. West, Counsel, Subcommittee on Oversight of Government
Management, the Federal Workforce, and the District of Columbia
Nicholas A. Rossi, Minority Staff Director
Jennifer L. Tarr, Minority Counsel
Trina Driessnack Tyrer, Chief Clerk
Patricia R. Hogan, Publications Clerk
Laura W. Kilbride, Hearing Clerk
C O N T E N T S
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Opening statement:
Page
Senator Akaka................................................ 1
Prepared statement:
Senator Akaka................................................ 19
WITNESSES
Tuesday, November 8, 2011
Hon. Eleanor Holmes Norton, a Delegate in Congress from the
District of Columbia........................................... 1
Michael A. Hughes to be U.S. Marshal, Superior Court of the
District of Columbia........................................... 4
Nancy M. Ware to be Director, Court Services and Offender
Supervision Agency for the District of Columbia................ 5
Danya A. Dayson to be an Associate Judge, Superior Court of the
District of Columbia........................................... 11
Peter A. Krauthamer to be an Associate Judge, Superior Court of
the District of Columbia....................................... 12
John F. McCabe to be an Associate Judge, Superior Court of the
District of Columbia........................................... 13
Alphabetical List of Witnesses
Dayson, Danya A.:
Testimony.................................................... 11
Prepared statement........................................... 70
Biographical and financial information....................... 71
Hughes, Michael A.:
Testimony.................................................... 4
Prepared statement........................................... 20
Biographical and financial information....................... 21
Responses to pre-hearing questions........................... 30
Letter from the Office of Government Ethics with an
attachment................................................. 37
Krauthamer, Peter A.:
Testimony.................................................... 12
Prepared statement........................................... 96
Biographical and financial information....................... 97
McCabe, John F.:
Testimony.................................................... 13
Prepared statement........................................... 114
Biographical and financial information....................... 115
Norton, Hon. Eleanor Holmes:
Testimony.................................................... 1
Ware, Nancy M.:
Testimony.................................................... 5
Prepared statement........................................... 40
Biographical and financial information....................... 43
Responses to pre-hearing questions........................... 51
Letter from the Office of Government Ethics with an
attachment................................................. 68
APPENDIX
Federal Law Enforcement Officers Association, letter of support
for Mr. Hughes, dated September 28, 2011....................... 133
Hon. Eleanor Holmes Norton, letter of support for Ms. Ware, dated
October 19, 2011............................................... 135
Paul Strauss, U.S. Shadow Senator for the District of Columbia,
prepared statement............................................. 138
NOMINATIONS OF MICHAEL A. HUGHES,
NANCY M. WARE, DANYA A. DAYSON, PETER
A. KRAUTHAMER, AND JOHN F. MCCABE
----------
TUESDAY, NOVEMBER 8, 2011
U.S. Senate,
Committee on Homeland Security
and Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:10 p.m., in
room SD-628, Dirksen Senate Office Building, Hon. Daniel K.
Akaka, presiding.
Present: Senator Akaka.
OPENING STATEMENT OF SENATOR AKAKA
Senator Akaka. This hearing will come to order.
Good afternoon and welcome, everyone. Today, the Committee
on Homeland Security and Governmental Affairs meets to consider
the nominations of Michael Hughes to be U.S. Marshal for the
District of Columbia Superior Court and Nancy Ware to be
Director of the Court Services and Offender Supervision Agency
(CSOSA). On the second panel of today's hearing, we will
consider the nominations of Danya Dayson, Peter Krauthamer, and
John McCabe to be Associate Judges of the Superior Court of the
District of Columbia.
We are happy to have Congresswoman Eleanor Holmes Norton
here. I would like to welcome you, Congresswoman Norton, to the
Committee and yield to you for the introduction of the
nominees. Will you please proceed.
INTRODUCTION OF NOMINEES BY HON. ELEANOR HOLMES NORTON, A
DELEGATE IN CONGRESS FROM THE DISTRICT OF COLUMBIA
Ms. Norton. Thank you very much, Mr. Chairman. I always
appreciate your work and help with matters affecting the
District of Columbia, especially today, where it looks like you
have a full agenda of only District of Columbia nominees.
We begin with two unusual posts. Both of these nominees
head Federal agencies, but their jurisdiction involves
exclusively District of Columbia matters. I was pleased to
recommend both Michael Hughes and Nancy Ware to President Obama
after both were recommended by the Judicial Nomination
Commission.
First, I strongly recommend Mr. Hughes for U.S. Marshal for
the D.C. Superior Court. Now, the D.C. Superior Court is an
Article I court responsible for D.C. Code offenders, not
Federal offenders. Mr. Hughes is very familiar with local
matters, having served with multi-agency task forces involving,
among others, District of Columbia officials. This agency, the
Superior Court Marshals Service, has been without leadership
for a very long time. In my judgment and in the judgment of the
President, Mr. Hughes is particularly well suited to fill this
position. He has had 20 years of career service with the U.S.
Marshals Service. He began right out of college. All who have
had any association with him agree that he would bring the kind
of strong and patient and problem-solving experience that the
Marshals Service for the Superior Court needs.
Mr. Chairman, Mr. Hughes has the broadest spectrum of
experience at the U.S. Marshals Service, where he now serves.
He has served in management, in investigations, in human
resources, in tactical operations, and in crisis services. He
brings the full load of what it will take at the Marshals
Service for the Superior Court, in our judgment.
I am also very pleased to recommend Nancy Ware for the post
of Director of the Court Services and Offender Supervision
Agency. This post, too, has long been without leadership. I am
convinced that Nancy Ware is uniquely qualified to fill this
post after an exhaustive search. It is a very critical law
enforcement post because it involves leadership of returning
D.C. residents from the Federal Bureau of Prisons who are under
supervision.
Ms. Ware's experience, particularly at the Criminal Justice
Coordinating Council, gives her just the kind of experience the
CSOSA needs because CSOSA, like the Criminal Justice
Coordinating Council, is a Federal agency that has a foot in
the Federal system as well as the District of Columbia system.
We believe that Ms. Ware has precisely the qualifications to
deal with this very important agency to the District of
Columbia. When she headed the Criminal Justice Coordinating
Council, its membership included the U.S. Attorney for the
District of Columbia, the D.C. Police Chief, other city law
enforcement officials, the Director of the Federal Bureau of
Prisons, and the Chairman of the U.S. Parole Commission.
I am favorably impressed with her myself. I seldom know
from personal experience nominees that I have brought to you,
but as it turns out, the Criminal Justice Coordinating Council
was one that often had to come to see me. I was very impressed
with the kind of leadership that Ms. Ware brought and so
apparently was everyone we spoke with about her, including D.C.
Superior Court Judge Lee Satterfield, the Federal Bureau of
Prisons Director Harley Lappin, and U.S. Parole Commission
Chairman Isaac Fulwood.
Mr. Chairman, I would also like to recommend three very
qualified attorneys for Associate Judge of the District of
Columbia Superior Court. They come to you, of course, from the
President, but on the recommendation of the District of
Columbia Judicial Nomination Commission. I will just quickly go
through their names. You have their full qualifications.
Danya Dayson is an attorney in private practice with
O'Toole, Rothwell, Nassau, and Steinbach. She has engaged in
matters involving criminal defense and family law in
particular, as well as having been counsel for small business
and nonprofits with respect to employment law and corporate
compliance. Ms. Dayson is a graduate of Appalachian State
University in North Carolina and Georgetown University Law
Center.
Peter Krauthamer--also for the Superior Court--has very
extensive criminal law experience, having spent most of his
career with the Public Defender Service (PDS) of the District
of Columbia, where he is now Deputy Director with management
and supervision of 220 employees, including 120 attorneys. Mr.
Krauthamer received his Bachelor's degree from Brandeis
University and his law degree from Boston University College of
Law.
Finally, Mr. Chairman, I am pleased to recommend, again for
Associate Judge of the Superior Court, John McCabe, now a
Magistrate Judge on the District of Columbia Family Court. Mr.
McCabe has also served as a U.S. Attorney in the District of
Columbia, as an Assistant Corporation Counsel, and his
undergraduate work was done at Duke University with a cum laude
law degree from Tulane University Law School.
All three of these nominees from the President are, in my
judgment, Mr. Chairman, very highly qualified for the Superior
Court bench in our city.
Senator Akaka. Let me thank you again for your support of
these nominees. I want you to know that your support does make
a difference to this Committee, so we really appreciate your
being here today to introduce the nominees despite your busy
schedule.
Ms. Norton. Thank you very much, Mr. Chairman. I will
excuse myself, then.
Senator Akaka. Yes. Thank you very much.
The U.S. Marshal for the D.C. Superior Court has unique
responsibilities. In addition to traditional Marshal functions
like judicial security and prisoner transport, the U.S. Marshal
for the D.C. Superior Court must perform local duties, such as
evictions, that are typically associated with a Sheriff's
Office. Mr. Hughes has spent his entire career with the
Marshals Service, beginning in 1991 as a Deputy Marshal and
working his way up to his current position as Chief of the
Tactical Operations Division.
The Court Services and Offender Supervision Agency is a
Federal agency that monitors probationers and parolees in the
District of Columbia. Ms. Ware has spent a number of years
working in the criminal justice system. Before assuming her
current role as a Management Analyst at CSOSA, Ms. Ware was the
Executive Director of the D.C. Criminal Justice Coordinating
Council.
I believe you are both well qualified and well supported,
and I want to congratulate you on your nominations. I
understand that you have some family and friends in the
audience today, and I wanted to give you the opportunity to
acknowledge them at this time. Mr. Hughes, please introduce
your guests.
Mr. Hughes. Thank you, Senator. I have my mother and father
here, and my sister, Tomianne. I see my brother and his wife
are here. Jarl Jonas is here. I see Laura Kelso and many
colleagues and friends who have joined me, and Mike Prout and
my little godchild, Zoey, and I thank them all for their
support today.
Senator Akaka. Thank you very much. I welcome your family
and friends and thank them for the support that they are giving
you, Mr. Hughes.
Ms. Ware, will you please introduce your guests.
Ms. Ware. Thank you, Chairman Akaka. I would like to
introduce the members of my family: My daughter, Dalila; my
son, Omari; my oldest son, Diallo; his wife, Muriel; my sister-
in-law, Giselle; and my brother, St. Elmo Crawford. I want to
thank them all for their support in being here.
I also want to thank the members of the staff of CSOSA who
have taken time out of their busy schedules to join me here
today. They are scattered throughout the room, and I am really
pleased to have them here. Also I have former members of the
Criminal Justice Coordinating Council who are here today to
support this nomination, and I am really pleased that they all
took time out of their busy schedules. I do not know if I can
name enough people, but I see a lot of friends and family here,
so I want to thank them all for coming.
I also want to take a moment to thank my mother and father,
who are no longer here, but they provided me with a lot of
nurturing for any aspirations that I chose to pursue. Thank
you, Senator.
Senator Akaka. Thank you very much. It is good to have your
supporters here with you today. So, again, let me say aloha and
welcome to you. Your loved ones and friends must be very proud
of your accomplishments.
Our nominees have filed responses to biographical and
financial questionnaires and answered pre-hearing questions
submitted by the Committee. Without objection, this information
will be made part of the hearing record, with the exception of
the financial information, which will be on file and available
for public inspection at the Committee office.
Our Committee rules require that witnesses at nomination
hearings give their testimony under oath. Therefore, I ask you
both to please stand and raise your right hands.
Do you solemnly swear that the testimony you are about to
give this Committee is the truth, the whole truth, and nothing
but the truth, so help you, God?
Ms. Ware. I do.
Mr. Hughes. I do.
Senator Akaka. Thank you very much. Let it be noted for the
record that the witnesses answered in the affirmative.
Mr. Hughes, please proceed with your statement.
TESTIMONY OF MICHAEL A. HUGHES \1\ TO BE U.S. MARSHAL, SUPERIOR
COURT OF THE DISTRICT OF COLUMBIA
Mr. Hughes. Thank you, Chairman Akaka, and thanks to
Chairman Lieberman, Ranking Member Collins, and all the Members
of the Committee for the opportunity to appear before you
today. I am grateful and honored by the opportunity to be here
and for your consideration of my qualifications to be the U.S.
Marshal for the Superior Court of the District of Columbia.
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\1\ The prepared statement of Mr. Hughes appears in the Appendix on
page 20.
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I want to thank Congresswoman Eleanor Holmes Norton for
recommending me to the White House as well as her Federal Law
Enforcement Nominating Commission for their endorsement of my
qualifications. I am thankful to President Barack Obama for
nominating me.
My thanks, as well, to the Senate Committee staff for the
professionalism and guidance that they provided throughout this
process.
I am delighted to have many family, friends, and colleagues
here today. I would like to recognize and express my sincere
gratitude to my family who are here with me today as well as
those who could not make it: John and Thomasina Hughes, John
and Kathleen Hughes, Linda and John Hadginikitas, Tomianne and
Scott Pagano, and all my nieces, nephews, aunts, uncles, and
cousins. I am very grateful to my family for their wisdom,
wonderful humor, and unconditional love throughout my life.
I would like to thank Jarl Jonas, who provided me with
unwavering encouragement and guidance throughout this process.
Finally, I would like to thank all my friends, colleagues,
and mentors for their encouragement and support.
I am honored to have spent my last 20-plus years as a
career U.S. Marshals Service employee. I have had the
opportunity to serve in a vast array of areas, both in the
field and at the headquarters level, including court security,
fugitive investigations, asset forfeiture, protective
operations, human resources, tactical operations, and on
various multi-agency task forces. I have served in positions,
including Deputy U.S. Marshal, Supervisory Inspector in our
Witness Security Division, Supervisor of the Deputy Attorney
General's Protection Detail, Chief of our Organized Crime and
Drug Enforcement Task Force (OCDETF) at the OCDETF Fusion
Center, Chief of our Office of Operational Staffing and
Recruitment as well as Acting Deputy Assistant Director in our
Human Resources Division, and Chief of our Office of Crisis
Services in our Tactical Operations Division. I have also had
the privilege to serve as a Legislative Fellow from 2003 to
2004 here in the U.S. Senate.
I am very honored to be associated with the brave and
dedicated men and women of the U.S. Marshals Service. As a
proud resident of the District of Columbia for more than 10
years, I am moved to be before you today as a nominee to be the
U.S. Marshal for the Superior Court of the District of
Columbia. If confirmed for this position, I look forward to the
opportunity to utilize my knowledge and practical skills
acquired over the course of my career to lead this office with
honor and integrity while serving the residents of my
community.
Thank you very much for your time and consideration of my
nomination, and I look forward to answering your questions.
Senator Akaka. Thank you very much.
Ms. Ware, will you please proceed with your statement.
TESTIMONY OF NANCY M. WARE \1\ TO BE DIRECTOR, COURT SERVICES
AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA
Ms. Ware. Thank you, Chairman Akaka and distinguished
Members of the Committee and staff. Thank you for the
opportunity to appear before you today. It is an honor to be
the nominee to serve as Director of the Court Services and the
Offender Supervision Agency for the District of Columbia. I
want to thank President Obama for the confidence he has shown
in me by nominating me and Congresswoman Eleanor Holmes Norton
for recommending me to serve in this position.
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\1\ The prepared statement of Ms. Ware appears in the Appendix on
page 40.
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I would like to introduce the members of my family today,
my children, my daughter-in-law, my brother and sister-in-law,
and all my friends who supported me and provided me with love
and support throughout my aspirations and endeavors. I am
profoundly grateful to them, and I really have a lot of respect
and support from the staff at CSOSA Pretrial Services, and I
want to thank them all for being here, as well as those from
the Criminal Justice Coordinating Council.
As the former Director of the Criminal Justice Coordinating
Council for 8 years and currently serving as a Management
Analyst with CSOSA, I am keenly aware of the tremendous
responsibilities of the Director of CSOSA as well as the
pivotal role that this agency plays daily in support of public
safety in the Nation's Capital and the surrounding
jurisdictions. As a native Washingtonian, I have maintained a
lifelong love for the District of Columbia, its rich and
vibrant culture, history, and people. I understand the needs of
D.C. citizens and the particular public safety challenges of
the District of Columbia.
Throughout my career, I have been fortunate to work for
both District and Federal agencies whose missions put me in
direct contact with persons who have been wards of the city,
incarcerated, or directly impacted by the criminal justice
system. Consequently, I am acutely aware of the needs and
challenges that confront the law enforcement community and the
men and women who are responsible for supervising at-risk and
repeat criminal offenders.
If confirmed as the Director of CSOSA, I want to assure
you, the employees of CSOSA, and D.C. citizens that I will do
my utmost to ensure that the agency upholds its mandate to
effectively supervise its probation, parole, and supervised
release population, with particular emphasis on high-risk and
repeat offenders.
I am also motivated and committed to helping CSOSA clients
obtain the knowledge and skills necessary to function as law-
abiding and contributing members of the community. I understand
that this is a difficult challenge, but it is one we are
committed to at CSOSA. Additionally, I recognize it is
essential to build a sense of confidence and enthusiasm among
our core employees who are seeking management direction,
stability, and accountability from its Director.
Chairman Akaka and Members of the Committee, I welcome the
opportunity to tackle the challenges that are ahead at CSOSA
and thank you for affording me the opportunity to offer my
testimony today.
In closing, I want to thank the Committee for the attention
it has given to my nomination. If confirmed, I intend to work
closely with you, Mr. Chairman, and the other Members of this
Committee and your staff to pursue our shared objective of
promoting the safety of the public and the successful
reintegration of men and women returning from prison. I am
deeply committed to maintaining the very productive and close
relationship that exists between this Committee and the agency
that I have been nominated to lead.
Mr. Chairman, I would be pleased to respond to any
questions that you or Members of the Committee have. Thank you.
Senator Akaka. Thank you very much, Ms. Ware, for your
statement.
I will begin with the standard questions that this
Committee asks of all nominees. Is there anything you are aware
of in your background that might present a conflict of interest
with the duties of the office to which you have been nominated?
Mr. Hughes. No, Senator.
Ms. Ware. No, Senator.
Senator Akaka. Do you know of anything, personal or
otherwise, that would in any way prevent you from fully and
honorably discharging the responsibilities of the office to
which you have been nominated?
Mr. Hughes. No, Senator.
Ms. Ware. No, Senator.
Senator Akaka. Finally, do you agree without reservation to
respond to any reasonable summons to appear and testify before
any duly constituted committee of Congress if you are
confirmed?
Mr. Hughes. Yes, Senator.
Ms. Ware. Yes, Senator.
Senator Akaka. Thank you very much for your responses.
Mr. Hughes, you have spent your entire career with the
Marshals Service, leaving only for a temporary detail with
Senator Lautenberg's office. Please describe how your
experience has prepared you to be the U.S. Marshal for the D.C.
Superior Court.
Mr. Hughes. Thank you, Mr. Chairman. I spent over 20 years
in the U.S. Marshals Service in various duty locations and
served in many different mission areas. I have worked my way up
from a GS-5 Deputy U.S. Marshal through my present position as
a GS-15 Chief in our Tactical Operations Division, and I also
served as the Acting Deputy Assistant Director. I have worked
on many multi-agency task forces where I led the Marshals
Service initiatives in those task forces in collaborating with
various other agencies. I have also spent time up here as a
Legislative Fellow on the Hill and learned about many of the
different areas in the Legislative Branch, which was extremely
advantageous to my learning. Following that, I completed my
Masters in Public Administration at the American University's
Key Executive Leadership Program.
I believe that a culmination of all of my knowledge and
experience that I have acquired has fully prepared me to lead
the U.S. Marshals Service for the Superior Court in the
District of Columbia.
Senator Akaka. Thank you very much for your response.
Ms. Ware, I see that you have extensive experience in the
criminal justice system, both at the District and Federal
levels. Why are you seeking appointment to be the Director of
CSOSA at this point in your career, and what do you hope to
contribute to the agency?
Ms. Ware. Thank you, Senator. I am seeking this appointment
because I have had the luxury and the advantage of working with
CSOSA for almost 2 years now, and I have had the opportunity to
observe the agency and the tremendous milestones that the
agency has been able to accomplish in the decade that the
agency has been in existence officially. It was certified in
2002, and it is an agency that has committed itself to using
best practices, to using new technologies, and to advancing the
tools of the trade in the areas of reentry, and I think it is a
wonderful agency to work for and to lead.
In addition, I bring with me the experience of working, as
the Congresswoman noted, for 8 years as the Executive Director
of the Criminal Justice Coordinating Council. Not only was I
the Director, but I developed the infrastructure for that
agency so that it is now a bona fide criminal justice agency in
the District of Columbia that brings together the Federal,
local, and judicial branches of government to work in public
safety initiatives that are important to the District.
In that capacity, I worked very closely with members of
CSOSA staff and the Director of CSOSA as well as the other
criminal and law enforcement agencies in the District, and I
had the opportunity to observe the needs of the reentry
community, those citizens who are coming back from prison as
well as those who are supervised in the community. As the
Director of Training and Technical Assistance with the Office
of Justice Programs, I was responsible for developing a
curriculum for over 300 sites across all 50 States in the
United States to help them to develop initiatives that focused
on community sustainability as well as law enforcement
initiatives so that they could work together to clean up at-
risk communities across our country.
In addition to that, I worked with the Bureau of Justice
Assistance with the Office of Justice Programs as the Director
of National Programs, where I was responsible for granting
agencies and State and local governments funds to help them
implement law enforcement activities, everything from
adjudication to incarceration.
So I think I bring a wealth of experience, but I also bring
a very focused respect for the mission of this agency. I think
it is an important mission that contributes greatly to public
safety in the District of Columbia and I look forward to
continuing to work with CSOSA as the Director, if confirmed.
Thank you.
Senator Akaka. Thank you very much for your response.
This question is to both of you. I understand there have
been workforce challenges at both the CSOSA and the D.C.
Superior Court Marshal's Office. If confirmed, what steps will
you take to evaluate the workforce and identify areas in need
of improvement? Mr. Hughes, will you begin first, and after
that, Ms. Ware.
Mr. Hughes. Thank you, Senator. If confirmed, it would be
my intent to do a workforce analysis. We are all facing
financial and workforce challenges, and doing a workforce
assessment would aid me in establishing some sort of baseline
and prioritizing what our mission needs are. We have many
different job series performing many different duties within
the Superior Court. I would be looking at that assessment to
make sure that the jobs are commensurate with the work that
they should be performing and doing a prioritization of the
work itself to ensure that we are working in the most efficient
manner possible.
Senator Akaka. Ms. Ware.
Ms. Ware. Yes, thank you. I think that it is important
within CSOSA to encourage staff to participate actively in the
decisions around the focus and mission, goals and objectives of
the agency. So as such, I intend to continue to build on the
Labor-Management Forum, which was established by Executive
Order of the President, to use that as a forum to engage staff
on all levels of the agency in decision making and to encourage
their participation as a part of our focus on the future. I
think it is critical within CSOSA to constantly reevaluate the
needs of the clients that we serve and to remain flexible in
meeting those needs and in training the workforce in constantly
being able to meet the challenges of the clients that we serve.
So it is my intention to actively engage staff through all
ranks of the agency in those decisions and to constantly ensure
their participation through surveys, meetings, and, of course,
the Labor-Management Forum.
Senator Akaka. Thank you for your response.
Mr. Hughes, in the past, there have been issues with
insufficient training of Court Security Officers (CSOs). As
U.S. Marshal, what steps would you take to make sure CSOs are
current in their training and security plans?
Mr. Hughes. Thank you, Senator. If confirmed, I would work
closely and make sure that our Contracting Officer Technical
Representative (COTR), who is responsible for maintaining the
CSO contracts, works closely with the court security
supervisors to ensure that those Court Security Officers are
getting the proper training and maintaining that training. So
it would become a contracting issue to ensure that the
oversight of that contract is being maintained and kept up to
date.
Senator Akaka. Thank you. This is my final question for
both of you. If confirmed, what are your top three priorities?
Mr. Hughes.
Mr. Hughes. The top priority would be to provide the safety
and security for the judiciary, the prosecutors, the court
family, and the public, and to ensure the protection of the
judicial process. I would be looking at doing an overall
assessment of the office itself to then further look at the
priorities that come out of that assessment. It would be a
collaborative effort through consultation with various
stakeholders within the court community.
Senator Akaka. Ms. Ware.
Ms. Ware. Yes. Well, as you know, CSOSA is composed of the
Community Supervision component and the Pretrial Services
component. For the Community Supervision component, my
priorities would be to fully implement the strategic plan,
goals and objectives, and performance measures, and to put in
place performance evaluations for those performance measures so
that we meet the needs of the agency and the mission of the
agency.
In addition to that, I think it would be important to
continue to evaluate the interventions that we provide to our
clients so that we can be sure that those interventions are
maximizing public safety in the District of Columbia and
ensuring that our clients are meeting the conditions of the
supervision and providing them with graduated sanctions, which
include an increase in the incentives component of our
graduated sanctions matrix so that we can have a balanced
approach to supervision.
For our Pretrial Services component, I would think it would
be important to maximize our vendors' cost so that we can be
sure that across our two components of the agency, we are
maximizing our tax dollars across vendors. Co-training would be
important to me so that our agency can maximize our training
dollars and potential as well as research to make sure that we
prioritize research initiatives.
Senator Akaka. Thank you very much. I want to thank you for
your statements, and I want to wish you well in your quest, and
we will certainly work toward your confirmation. So thank you
both for being here today.
Mr. Hughes. Thank you, Mr. Chairman.
Ms. Ware. Thank you, Mr. Chairman.
Senator Akaka. So at this time, there are no further
questions, and I would like to ask the second panel come to the
table.
[Pause.]
Welcome to the second part of today's hearing as we
consider the nominations of Danya Dayson, Peter Krauthamer, and
John McCabe to be Associate Judges of the District of Columbia
Superior Court.
The Committee consistently receives excellent D.C. judicial
candidates nominated by the President from those recommended by
the nonpartisan Judicial Nomination Commission. I am confident
that, if confirmed, these nominees will join the others who
have appeared before us in making valuable contributions to the
District.
Ms. Dayson currently is an attorney with the firm of
O'Toole, Rothwell, Nassau, and Steinbach. Before that, she held
a number of positions, practicing both civil and criminal law.
Mr. Krauthamer is the Deputy Director of the D.C. Public
Defender Service, where he has a distinguished career in public
service, both at the local and Federal levels.
Judge McCabe currently is a Magistrate at the D.C. Superior
Court. Before that, he was an Assistant U.S. Attorney and also
worked at the D.C. Corporation Counsel.
I believe these nominees have much to offer the D.C.
Superior Court, and I hope we can act quickly to confirm them.
I understand you have loved ones here with you today, and I
would like to give you an opportunity to introduce them at this
time. Ms. Dayson, please introduce your family and friends who
are here.
Ms. Dayson. Thank you, Mr. Chairman. My parents, Don and
Claudia Dayson, are here with me today, as are my husband,
Michael Murphy, my daughter, Wallace Murphy--I am not sure if
she will be with us for the duration, but she is here now--my
boss, Jeffrey O'Toole, various friends and colleagues,
including Jennifer Parton, also Nicholas and William Pohlman,
my godsons from North Carolina who have come up to witness a
live Senate hearing, and they are with us with their families,
as well. I would like to thank them all for their support.
Senator Akaka. Thank you very much. Mr. Krauthamer.
Mr. Krauthamer. Thank you, Mr. Chairman. My wife, Tanya
Chutkan, is right behind me to my left. Next to her, on her
right, is my sister, Michele Krauthamer. And to the left of my
wife are my two young sons, Max and Nicholas Krauthamer. My
mother, Eleanor Krauthamer, is also here, and my niece, Sarah
Bohannon, is also in the audience. A number of friends and
colleagues are also here, and I wish to acknowledge them and
thank them all for being here and supporting me. Thank you.
Senator Akaka. Thank you.
Judge McCabe, please introduce your guests.
Mr. McCabe. Thank you, Mr. Chairman. Most of my family
lives out of State in Florida, so they were not able to be
here, but I am sure they will be watching on a webcam if my
sisters can show my mother how to operate a computer.
[Laughter.]
I am very fortunate to be joined by many friends and
colleagues from the Superior Court, and I would like to
acknowledge Chief Judge Lee Satterfield of the Superior Court,
and I appreciate him and other members of the court for being
here. Thank you.
Senator Akaka. Thank you for introducing your guests and
families. I welcome all of you to this hearing today and am
grateful for your support of our nominees. I am sure your
family and friends are proud of your accomplishments and look
forward to the new chapter in your life here in D.C.
Each nominee has filed responses to biographical and
financial questionnaires submitted by the Committee. Without
objection, this information will be made a part of the hearing
record, with the exception of financial data, which will be
kept on file and made available for public inspection in the
Committee office.
Our Committee rules require that all witnesses at
nomination hearings give their testimony under oath, so
therefore I ask you to please stand and raise your right hand.
Do you solemnly swear that the testimony you are about to
give this Committee is the truth, the whole truth, and nothing
but the truth, so help you, God?
Ms. Dayson. I do.
Mr. Krauthamer. I do.
Mr. McCabe. I do.
Senator Akaka. Thank you. Let the record note that the
witnesses answered in the affirmative.
Ms. Dayson, will you please proceed with your statement.
TESTIMONY OF DANYA A. DAYSON \1\ TO BE AN ASSOCIATE JUDGE,
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Ms. Dayson. Thank you, Mr. Chairman. Mr. Chairman and
Members of the Committee, it is an honor and a privilege to
appear before you today as a nominee to the bench of the
Superior Court for the District of Columbia. I want to thank
the Judicial Nomination Commission, in particular its chairman,
the Hon. Emmet Sullivan, for recommending me to the White House
and President Barack Obama for nominating me. I would also like
to thank the Committee Members and staff for their courtesy and
professionalism during this process.
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\1\ The prepared statement of Ms. Dayson appears in the Appendix on
page 70.
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As I noted, my family is here today. My grandmother,
Marjorie Anderson, I believe, is tuning in via website. I am
grateful to have had their example, inspiration, and support
throughout the years.
In addition, I would like to thank my friends, colleagues,
and mentors who have attended today for their continued
guidance and support, including my sister-in-law, who I
neglected to introduce, and I am sorry, Janine Morris.
While I was growing up, my parents always stressed the
importance of education, not only for its own sake, but so that
one could be of service to others. Their examples of service
through my father's work with low-income patients and my
mother's literacy and housing volunteer work, using their
abilities to serve others in need, led me to my ultimate path
during law school. I have been fortunate to have colleagues,
bosses, and mentors who have exemplified the best of the ideals
of service.
In my legal career, through my work as a law clerk to the
Hon. Judge Robert Morin in the District of Columbia Superior
Court, in private practice as a partner to Jennifer Wicks, and
as an associate at O'Toole, Rothwell, Nassau and Steinbach, I
have sought to be of use to others and to assist them in times
of genuine crisis in their lives. If confirmed, I would be
honored to work with another set of colleagues and mentors who
will continue to challenge and inspire me to live out this
commitment to service.
I have lived, attended school, and worked in the District
since 1994. In my time as an attorney, I have had the good
fortune to work in organizations and environments that have
allowed me to provide assistance to my clients in a variety of
ways. I have been able to advocate in the criminal, abuse and
neglect, and domestic relations arenas and to advise my small
business and nonprofit clients. In each of these roles, I
learned the importance of using diligence, creativity, and
pragmatism to address the needs of my clients. I came to fully
appreciate the extent to which advocating for each client in
whatever role is an important responsibility as well as a
privilege and an honor.
I started my professional life in the D.C. Superior Court
and have learned so many valuable lessons from the bench and
the practitioners there. I am extraordinarily humbled and
grateful to be considered for a judgeship on the Superior
Court, and if confirmed, I hope to carry the values and lessons
about the practice of law, justice, and service to the bench.
Thank you for considering my nomination, and I look forward
to answering your questions.
Senator Akaka. Thank you very much, Ms. Dayson.
Mr. Krauthamer, will you please proceed with your
statement.
TESTIMONY OF PETER A. KRAUTHAMER \1\ TO BE AN ASSOCIATE JUDGE,
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Mr. Krauthamer. Thank you, Mr. Chairman. Mr. Chairman and
Members of the Committee, I am grateful for the opportunity to
appear before you today as a nominee to be an Associate Judge
of the Superior Court of the District of Columbia. I want to
thank President Obama and the District of Columbia Judicial
Nomination Commission, in particular its chairman, the Hon.
Emmet G. Sullivan, for this great honor.
---------------------------------------------------------------------------
\1\ The prepared statement of Mr. Krauthamer appears in the
Appendix on page 96.
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I also want to thank you, Mr. Chairman, and this Committee
for holding this hearing and the Committee staff for all of the
work that goes into making these hearings possible.
I would like to acknowledge once again and thank my family
and friends: My wife, Tanya Chutkan; my two sons, Nicholas and
Max Krauthamer; my mother, Eleanor Krauthamer; my sister,
Michele Krauthamer; and her daughter, Sarah Bohannon. I also
want to thank my many friends, colleagues, and other family
members, a number of whom are in attendance today or who are
watching from their home or offices. I would like to thank them
all for inspiring and supporting me over the years.
I have dedicated my career to working to promote fairness
in our justice system, particularly for those least able to
afford representation and advocate for themselves. After
graduating from Boston University Law School, I worked for 11
years at the Public Defender Service for the District of
Columbia. I joined the D.C. Federal Public Defender Office for
a little under a year before being fortunate enough to teach at
Howard University School of Law. When I left Howard University,
I joined the District of Columbia Pretrial Services Agency and
finally returned to the PDS. During the course of my career, I
have primarily represented and supported indigent clients in
the District of Columbia local and Federal courts.
Over my 28 years of practicing law in the District of
Columbia, I have had the honor to appear before many thoughtful
and talented judges for whom I have tremendous respect and
admiration. I have a good understanding of the challenges and
rewards that come with serving on the bench, and it would be an
honor and a privilege to continue serving the city that has
been my home for so many years. I will endeavor to be worthy of
the trust that has been placed in me and to continue to uphold
the high standards of judicial fairness and integrity.
Thank you for considering my nomination, and I look forward
to answering your questions.
Senator Akaka. Thank you very much, Mr. Krauthamer.
Judge McCabe, please proceed with your statement.
TESTIMONY OF JOHN F. MCCABE \1\ TO BE AN ASSOCIATE JUDGE,
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Mr. McCabe. Thank you, Mr. Chairman, and thank you to the
Committee for the opportunity to appear before you as a
candidate for a position as an Associate Judge on the Superior
Court of the District of Columbia. I would also like to thank
the Judicial Nomination Commission and its chairman, Judge
Emmet Sullivan, who I believe is present today, for
recommending me to the White House, and also, obviously, I am
grateful to President Obama for nominating me for this
position.
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\1\ The prepared statement of Mr. McCabe appears in the Appendix on
page 114.
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I have been very fortunate to have many friends,
colleagues, and family members who have provided a lot of
support and encouragement to me throughout my legal career.
I began my career as an attorney as an associate in private
practice at a law firm in Atlanta, but after a couple of years
realized that I felt a real pull to work in public service, and
so in 1989, I moved to the District of Columbia and over the
next 13 years had a wonderful opportunity to work exclusively
in the District of Columbia Superior Court and to work as an
attorney in each of the busiest divisions of the court, in the
Family Court and in the Civil and Criminal Divisions, and it
really gave me a unique opportunity to see the work of the
court as a practicing attorney.
As a staff attorney at the Legal Aid Society, I worked on
family court matters representing indigent clients. During 8
years at the Office of the Attorney General, I worked on cases
involving children in foster care who had been abused and
neglected. I also represented the District of Columbia and its
employees in civil litigation in both the Superior Court and
the U.S. District Court. And as the first Chief of the Domestic
Violence Section of the Office of the Attorney General, I
represented victims of domestic violence and was also active in
helping to reform and improve the way that victims of domestic
violence were treated in their cases in this community.
From 1998 until 2002, I worked as a criminal prosecutor for
the U.S. Attorney's Office, and over the past 9 years, I have
been a Magistrate Judge in the Superior Court. For the first 8
of those years, I worked in the Family Court in one of the
positions where I was exclusively handling cases involving
children in foster care. As you can imagine, those are some of
the most challenging and emotionally charged matters in the
courthouse, and I think it really helped give me a lot of good
training and experience in how to manage a courtroom and manage
litigants who had been through enormously difficult
circumstances in their lives.
I have also had the opportunity to work in the Criminal
Division of the court, and over the past year, I have been the
Alternate Chairperson of the Commission on Mental Health, in
which capacity I have worked on cases involving those who are
facing involuntary commitment because of mental illness.
And finally, as a Deputy Presiding Magistrate Judge, I have
had the responsibility, along with the Presiding Magistrate
Judge, to ensure that all of the 24 assignments that are
handled by Magistrate Judges are handled on a daily basis.
So I feel that over the past 22 years, 13 years as an
attorney and 9 years as a Magistrate Judge, I have really had a
wonderful opportunity to become quite familiar with the work of
the Superior Court, and I really look forward to the
opportunity to continuing my career in public service if I am
confirmed as an Associate Judge. Thank you.
Senator Akaka. Thank you very much, Judge McCabe, for your
statement.
I will begin with the standard questions this Committee
asks of all nominees.
Is there anything you are aware of in your background that
might present a conflict of interest with the duties of the
office to which you have been nominated?
Mr. Krauthamer. No.
Ms. Dayson. No, Senator.
Mr. McCabe. No.
Senator Akaka. Thank you. Do you know of anything, personal
or otherwise, that would in any way prevent you from fully and
honorably discharging the responsibilities of the office to
which you have been nominated?
Mr. Krauthamer. No, Mr. Chairman.
Ms. Dayson. No, Mr. Chairman.
Mr. McCabe. No, Mr. Chairman.
Senator Akaka. Do you agree, without reservation, to
respond to any reasonable summons to appear and testify before
any duly constituted committee of Congress if you are
confirmed?
Mr. Krauthamer. Yes, Mr. Chairman.
Ms. Dayson. Yes, Mr. Chairman.
Mr. McCabe. Yes, Mr. Chairman.
Senator Akaka. Thank you very much for your responses, and
let the record note that the nominees have answered the
questions properly.
I would like all three of you to elaborate on why you are
seeking appointment to become an Associate Judge at this point
in your career. Judge McCabe, I would like you to answer first,
followed by Mr. Krauthamer and Ms. Dayson. Judge McCabe.
Mr. McCabe. Yes. Thank you, Mr. Chairman. I think I first
became interested in working at the court when the new Family
Court was created back in 2001 and 2002. As you may know,
Senator, there was a special Family Court created here in the
District of Columbia Superior Court at that time, and I was one
of the first 10 Magistrate Judges to take on responsibility for
children in foster care. So I think I first was attracted to
the idea of working at the Superior Court because of that
particular assignment.
I had worked on cases involving children in foster care as
an attorney with the Office of the Attorney General for a few
years and felt very committed to that work, and so that really
gave me a wonderful opportunity to continue that kind of work
as a judicial officer. At this point in my career, after doing
that work for several years, I am just really looking forward
to the opportunity to have greater challenges and a greater
variety in the types of cases that I can handle. As you may
know, the Magistrate Judges have a much more limited
jurisdiction in terms of which types of cases we can preside
over, and I really think it would be a wonderful opportunity
for me to get a little bit more variety in the type of matters
that I can handle as an Associate Judge. I very much enjoyed
the work as a Magistrate Judge.
Senator Akaka. Thank you very much. Mr. Krauthamer.
Mr. Krauthamer. Thank you, Mr. Chairman. My whole life as a
lawyer has been dedicated to public service, and to public
service in the District of Columbia, and I view the position of
a judge along with holding public office as the highest form of
public service that one can perform for his or her community.
That is why I am seeking to become a judge in the Superior
Court. I believe in helping people. I believe in helping my
community. I believe in serving the people who live in my
community and setting a good example for them. And I hope that
I can do all of those things that I have set out to do. That is
why I want to be a judge, sir.
Senator Akaka. Thank you. Ms. Dayson.
Ms. Dayson. Thank you, Mr. Chairman. As I mentioned, my
professional career has been focused on helping individuals in
times of crisis, and although I am eager to seek a new
professional challenge, I would like one that is grounded in
the values of helping litigants. And I believe that judges have
a very important role to play by presiding over the matters
that come before them fairly, efficiently, and respectfully,
and in that way can help the community as well as the Bar of
the District of Columbia, and that is why I am interested in
becoming a judge.
Senator Akaka. Thank you.
Mr. Krauthamer, a judge is often challenged to rule on
complex issues both quickly and correctly. Please describe how
your experience qualifies you to confront this challenge.
Mr. Krauthamer. Thank you, Mr. Chairman. For approximately
my whole legal career that spans 28 years, I have been a trial
attorney. A trial attorney must think fast on his feet, must
process information, must know the law, must know the
procedures, and must act decisively for the client. I also have
had the benefit of teaching evidence for 5 years when I was a
professor at Howard University School of Law, and that has
enabled me to master, as much as one can master, the Rules of
Evidence as they apply in a courtroom. I believe that my
thorough knowledge of how to litigate a case, how to prepare a
case, the rules of evidence, and the court rules will enable me
to make those decisions quickly, correctly, and, obviously,
fairly.
Thank you, Mr. Chairman.
Senator Akaka. Thank you.
Ms. Dayson, if confirmed, you may preside over cases
arising under different areas of the law. How has your career
prepared you to handle the wide range of legal issues you will
confront?
Ms. Dayson. Thank you, Mr. Chairman. I have been lucky
enough to be a somewhat rare bird in the current legal field,
which is somewhat of a general practitioner. I have worked on
various aspects of the law, although I have obviously had
concentrations mostly in criminal and family law. Especially in
my role as outside counsel to small business and nonprofits, I
have had to advise those clients on various issues in law, and
I think that has given me a unique ability to recognize the
holes in my knowledge. I think that is a very important skill
to have for a judge entering a bench of general jurisdiction
like the Superior Court, where you are obviously going to
encounter many different areas of law over the course of your
career. So I believe the ability to recognize those areas in
which I need to educate myself has been a benefit to me and, if
confirmed, would serve me well on the bench.
I have also had the opportunity while clerking some time
ago to see firsthand the excellent training programs that the
Superior Court has to offer and would certainly, if confirmed,
take advantage of those training programs, as well as the
wisdom of my colleagues on the bench.
Senator Akaka. Thank you very much.
Judge McCabe, as an Associate Judge, you will be able to
staff your own chamber and hire a law clerk. Please describe
your management style and the type of chamber you hope to
create.
Mr. McCabe. Thank you, Mr. Chairman, and I will have to be
careful in how I answer this question since a couple of my law
clerks are present--former and present law clerks as well as
administrative assistants, and they can feel free to correct me
if I misstate what my style is. [Laughter.]
I certainly think that my style in supervising staff would
be similar to that in a courtroom. I try to be considerate of
and respectful to all those that I am dealing with. Obviously,
I want to hire folks who are very competent and enthusiastic
about the work and as committed to it as I feel that I am. But
I do not feel that there is anything in particular other than
making sure I hire very well qualified and committed staff and
treating them with respect and courtesy and keeping in mind
their own ambitions and their career paths when dealing with
them on a day-to-day basis.
Senator Akaka. Thank you very much for your responses.
This is my final question to the three of you. What do you
think the biggest challenge will be in becoming an Associate
Judge, and how do you plan to address that challenge? Ms.
Dayson, I would like you to be first.
Ms. Dayson. Thank you, Mr. Chairman. If confirmed, I
believe that the biggest challenge I would face is simply to
carry the values that I have had thus far to the bench, the
values of service to the public, and to keep in mind that is
what really underpins why we are on the bench. And I would hope
to be able to meet that challenge by fairly and efficiently
meeting the challenges that are brought before my court, if
confirmed, being respectful of the litigants and the
practitioners that appear before us, and as part of that
respect, making sure that matters are handled in a timely
manner. So that is how I would meet that challenge.
Senator Akaka. Thank you. Mr. Krauthamer.
Mr. Krauthamer. Thank you, Mr. Chairman. I believe probably
the biggest challenge for me will be the shift from being an
advocate to being a judge. All my life, I have been an advocate
for a party. A judge is not an advocate for a particular party,
must sit there and be impartial, and must balance that
impartiality and that objectivity with compassion and with
respect for the parties that appear before him, and that is a
challenge that a good judge must face and must overcome. I
believe that is my biggest challenge. I am confident in my
abilities, and shifting the role from advocate to judge will be
the greatest challenge that I believe I will face. Thank you.
Senator Akaka. Thank you. Judge McCabe.
Mr. McCabe. Mr. Chairman, I anticipate that, if confirmed,
the challenges that I would face as an Associate Judge are
similar to the ones that I have faced as a Magistrate Judge,
and certainly there is always the opportunity to be a public
servant and treat all the people in your courtroom with dignity
and respect.
I think probably the greatest challenge that I have found
over the past 9 years is drawing the balance between trying to
make sure that you handle cases expeditiously so that litigants
and counsel are not left waiting for long periods of time,
balancing the need for moving things quickly with the need also
to make sure that you give each case thoughtful enough
consideration and making sure that all parties have their
matters heard and feel when they leave the courtroom, even if
their side did not prevail, that at least their view and their
position was heard and considered thoughtfully by the court.
And that can sometimes be a challenge in the press of day-
to-day business with heavy caseloads, but it is something that
I hope my experience over the last several years will serve me
well in meeting that challenge if I am confirmed as an
Associate Judge. Thank you.
Senator Akaka. Thank you all for your testimony. There are
no further questions at this time.
This Committee is scheduled to vote on your nominations
tomorrow. As such, the hearing record will remain open until
the close of business today for Members of this Committee to
submit additional statements or questions. Any additional
questions will be submitted to you in writing.
I want to note for the record that Paul Strauss is
submitting a statement of support for all five nominations.\1\
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\1\ The prepared statement of Paul Strauss appears in the Appendix
on page 138.
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I again want to thank Congresswoman Norton for taking the
time to be with us today and supporting our nominees.
It is my hope that the Senate will act quickly to confirm
all of the nominees who appeared before the Committee this
afternoon. I want to wish you well in your future and your
service to D.C. and our country. So thank you very much, all of
you.
This hearing is adjourned.
[Whereupon, at 3:17 p.m., the Committee was adjourned.]
A P P E N D I X
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