Mr. President, after reviewing Rachel Brand's record and testimony during her confirmation hearing, I cannot support her nomination to become Associate Attorney General. Ms. Brand is a fierce supporter of the so-called Patriot Act and the bulk collection of millions of Americans' data. Americans deserve an Associate Attorney General who can properly balance their Constitutionally protected right to privacy against national security interests. Ms. Brand has demonstrated her willingness to abridge those rights. I am particularly disturbed by Ms. Brand's tenure as the Assistant Attorney General for the Department of Justice's Office of Legal Policy from 2005 to 2007. Ms. Brand worked at the Department at the time when Bradley Schlozman, a high-ranking official within the Department of Civil Rights, was accused of inappropriately politicizing the Department. Ms. Brand's emails during her time at the Department indicate that she may have been aware of and, indeed, a willing participant in this inappropriate activity. Conservative groups are now urging Attorney General Sessions to ``wash out the progressive liberal activism that infects the agency from top to bottom.'' This Justice Department under Attorney General Sessions is already facing its own ethics crisis. When President Trump flouts protocols and procedures with impunity, I cannot in good conscience vote to allow Ms. Brand to return to the Department of Justice and continue where she left off.
On the recordMay 18, 2017
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