Donald B. Verrilli, Jr., to be Solicitor General of the United States
Monday, June 6, 2011 

Mr. President:

I will vote to confirm Donald B. Verrilli, Jr., to be Solicitor General of the United States, but I do so with little enthusiasm.  Mr. Verrilli has impressive credentials and noteworthy accomplishments.  In addition to his government service in the White House Counsel's Office and at the Department of Justice, he has been a litigator in private practice for more than 20 years. He has argued twelve cases, and participated in more than 100 cases, before the Supreme Court of the United States.  Mr. Verrilli served for over fifteen years as an adjunct professor of constitutional law at the Georgetown University Law Center.  He clerked for Associate Justice William J. Brennan, Jr., of the United States Supreme Court, and Judge J. Skelly Wright of the United States Court of Appeals for the District of Columbia Circuit.

My concern with this nomination is whether or not the nominee will demonstrate appropriate independence in the office.  His testimony at his hearing raised doubts about his ability and commitment to uphold that principle. Mr. Verrilli seemed to buy into the notion that he was still the President's lawyer.  He gave lip service to the two traditional exceptions to the Solicitor General defending a statute - first, if the statute violates separation of powers by infringing on the President's constitutional authority; and second, if there is no reasonable argument that can be advanced in defense of the statute.  Mr. Verrilli then appeared to create a third exception - one that is not supported by practice or tradition.  He stated he would defend a statute's constitutionality "unless instructed by my superior not to do so."

This position advocated by the nominee - that interference in the rule of law, by the President or by the Attorney General, is an appropriate reason not to defend statutes - was extremely troubling to me and other members of the Committee.  That position is not the standard of the office.  It is not what the nation expects from its Solicitor General. His response gave me great pause about supporting his nomination.

Following his hearing, I gave Mr. Verrilli ample opportunity to address my concerns.  In extensive written questions I asked the nominee to review and comment on testimony given by previous Solicitor General nominees.  In particular, I asked many questions regarding statements by prior Solicitors General regarding the independence of the office.  I asked him to review cases where the Department of Justice had made a determination not to defend a statute.  I asked him to analyze those cases as to the rationale for not defending the statute.  In addition, I asked him to review and comment on a number of Supreme Court cases that address serious constitutional issues.

I reviewed his answers to my written questions for the record.  I commend Mr. Verrilli for his serious approach to the task of providing responses.  In most cases he gave thoughtful answers.  In many instances he declined to provide his views on the topic, but gave general assertions that he would follow the law. In other instances he claimed confidentiality.  I do not agree with his assertion of confidentiality in most of the instances where he raised that as a basis for not responding.  In other circumstances, such a response would be unacceptable.  In the past, such responses, or allegations of similar responses, have resulted in a failed confirmation or withdrawal of the nomination.

Based upon my review of his responses, I am more comfortable with the notion that Mr. Verrilli understands the duty of the Solicitor General. I believe, because of my questions and the time he spent contemplating the issues, he will be a better Solicitor General than he otherwise would have been.  Mr. Verrilli has been exposed to decades of thought and experience by this review.  On the whole, I concluded that Mr. Verrilli now has a greater sensitivity to the necessity of independence in the office.  In numerous answers he provided a much better response than he did at his hearing.  He indicated he would not lend his name or that of the office to carry out any order which he believed to be based on partisan political consideration or other illegitimate reasons.  Rather than do so, he said he would resign from office.  I will hold him to that pledge.

I want to be clear about my tepid support for Mr. Verrilli.  He is nominated to an executive branch position, not a lifetime appointment.  My lukewarm support is based largely on the nature of the office to which he will be appointed, if confirmed.

I will put the administration on notice, as well as Mr. Verrilli, the Senate, the media, and any other interested party.  My less than enthusiastic vote for Mr. Verrilli to be Solicitor General of the United States is limited to that office alone.  No entity or individual should presume my support for Mr. Verrilli for any other future office to which he may aspire or to which he may be nominated - be it in the executive, judicial, or legislative branch of government.

Furthermore, as ranking member of the Judiciary Committee, I will vigorously carry out my oversight responsibilities to ensure the Solicitor General and his subordinates are performing as they should.  I will be watching to make certain Mr. Verrilli complies with his oath of office, with his obligation to the Constitution and statutes of the United States, with his duties of the office, and with the assurances he has given the Senate in his oral and written testimony.  I expect nothing less from all officials of government.  I have every expectation that Mr. Verrilli, if confirmed, will honorably live up to those duties, obligations, and assurances.

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by U.S. Senator Chuck Grassley

Family members in Iowa are among the legions of caregivers across the country who sacrifice time, careers and money to provide care for loved ones who no longer are able to live independently or care for themselves.

The family safety net for generations has helped loved ones stay longer in their own homes and helped to enhance the quality of life for aging parents and grandparents.

Sometimes, it becomes impossible for these laborers of love to provide the 24-hour care and medical attention that America's most vulnerable population requires.

In communities across Iowa, trusted long-term care facilities provide a valuable service close to home for families who are no longer able to provide the level of care an aging or disabled loved one requires.

To be sure, America's aging population is creating increased demand for long-term care services. Nearly 1.7 million elderly and disabled Americans live in 17,000 nursing home facilities. The percentage of the U.S. population living in a nursing home is on the rise as Americans continue to defy life expectancy estimates from even a generation ago.

The two giant government health programs, Medicare and Medicaid, spend an estimated $70 billion each year for nursing home services. As a senior member of the Senate Finance Committee, which has jurisdiction over the Medicare and Medicaid programs, I've conducted extensive oversight of these programs to strengthen patient safety, track accountability within the U.S. health care system, and protect the integrity of tax dollars.

A recent federal report I requested to analyze how anti-psychotic drugs are being prescribed in nursing homes raises important questions in these areas. The audit shows an increase in the use of anti-psychotic drugs, such as Risperdal, Seroquel and Zyprexa, for so-called "off-label" use for patients suffering from dementia. The Food and Drug Administration requires makers of this class of drugs to put a "black box" warning on the product label (the FDA's strongest patient safety warning) about using these drugs for patients with dementia. In this way, the FDA warns that elderly patients with dementia who take these drugs have an increased risk of death.

Most Americans have grown accustomed to the risk of side effects when taking medication. Do nursing home residents, who are receiving powerful drugs not intended for their underlying condition, understand the risks? Are these drugs being prescribed in the best interest of the patient?  Also, to what extent are Medicare and Medicaid paying for drugs that may not be in the best interest of the patient?  Separately, I've examined the link between payments that pharmaceutical companies make to physicians. Some reports suggest some health care practitioners might be unduly influenced by drug companies to prescribe drugs "off label."

As more elderly patients are diagnosed with Alzheimer's disease and other forms of dementia, policymakers, patient safety advocates and health care professionals have a responsibility to protect this vulnerable population. The rising use of anti-psychotic medicines -  which are FDA-approved to treat schizophrenia and bipolar disorder - may not be the best treatment for a nursing home patient exhibiting symptoms of age-onset dementia.

My list of credentials does not include a medical license. I'm not telling physicians what to prescribe to their patients. However, we all have a moral obligation to try to make sure the most vulnerable among us, the frail elderly, are not victims of medication misuse.  And, as I serve Iowans in the U.S. Senate, I have a legislative license to hold to account those who receive payments from taxpayer-financed public health programs.

Friday, June 3, 2011

WASHINGTON – Applications for fall semester internships in the Iowa and Washington, D.C. offices of Senator Chuck Grassley are due June 15.

Grassley said he encourages young Iowans who are interested in learning more about government to apply.  "Spending a semester working in a congressional office is a good way for college students and new graduates to learn more about the legislative branch of the federal government and to gain valuable work experience," he said.  "Exposure to the work of a Senate office can enhance a college education and make students more competitive job applicants when they graduate.  These internships are available to students in all areas of study. 

Full- and part-time internships are available for Iowans in Grassley's offices in Washington, D.C., Cedar Rapids, Council Bluffs, Davenport, Des Moines, Sioux City and Waterloo.  The fall internships run from late August to mid-December.  Interns assist staff members with administrative, legislative and communications work, including that of Grassley's staff on the Senate Committee on the Judiciary, where he serves as Ranking Member.

Application forms are available on Grassley's Senate website, in the placement offices of many Iowa colleges and universities, and in Grassley's offices in Iowa. Due to security-related delays in postal mail delivery to U.S. Senate office buildings, internship applications should be faxed to 202-224-5136 or emailed to intern_applications@grassley.senate.gov.  For more information, send messages tointern_applications@grassley.senate.gov or call 202-224-3744.

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Feinstein, Grassley Release Senate Caucus on Int'l Narcotics Control Report on Mexico

Senators Urge Congress and Administration to use report as a blueprint for cooperation with Mexico to combat drug trafficking

Washington, DC - May 25, 2011 - U.S. Senators Dianne Feinstein (D-Calif.) and Chuck Grassley (R-Iowa), co-chairs of the Senate Caucus on International Narcotics Control, today released a report outlining key steps and initiatives to combat Mexico's brutal drug trafficking organizations and reduce violence in the country.

The report, U.S. and Mexican Responses to Mexican Drug Trafficking Organizations, is endorsed by all seven Members of the Senate Caucus on International Narcotics Control and makes several recommendations for the U.S. government.  The report synthesizes information gathered through a country visit, briefings, interviews, and a review of documents from both government and non-government subject matter experts.

"The United States provides counternarcotics assistance throughout the world, but our security partnership with Mexico is unique since we share a 1,969 mile border," said Senator Feinstein.

 

"What happens in Mexico has a deep impact on the United States and the reciprocal is also true. Today, U.S. - Mexico ties are stronger than ever, and we must take advantage of this historic moment by continuing to deepen our security partnership with Mexico," continued Feinstein. "I urge my colleagues in Congress and members of the Obama Administration to read this report and use it as a blueprint for future cooperation with Mexico to combat drug trafficking."

 

"The drug trade has long been associated with violence, but the recent escalation has been unprecedented. Stopping this violence will take cooperation from those of us on both sides of the border," Senator Grassley said. "And, while more work needs to be done in this area, this report can be a guide as we move forward and work to curb the drug trade and the violence associated with it."

Findings and recommendations of the report include :

Money Laundering

• The report calls on the Obama Administration to do more to starve Mexico's drug trafficking organizations of the money that fuels them.  Specifically, it urges the Obama Administration to immediately make pre-paid gift and credit cards - known as stored value - subject to cross-border reporting requirements.

Stored value is not subject to any cross-border reporting requirements.  This means that an individual crossing from the United States into Mexico with thousands of dollars on pre-paid cards is not required to declare these cards at the border.

Mérida Initiative

• The report calls on the State Department to expedite the delivery of air assets to Mexico under the Mérida Initiative, a security assistance program that includes air assets, other equipment and training.
• It also recommends that the State Department quickly develop performance measures for the Mérida Initiative and provide these metrics to Congress.  A multi-year timeline should be developed with targets in several areas, including equipment delivery, judicial and police reform, and state capacity to respond to drug trafficking organizations.

The U.S. government has provided vital security assistance to Mexico, including 11 helicopters - eight Bell 412 helicopters for the Mexican military and three Blackhawk helicopters for the country's federal police.  Six more Blackhawk helicopters are still in the pipeline.

Justice Reform

• The report concludes that in order to have long-term success in combating organized crime, much-needed judicial reforms must be implemented throughout Mexico.

According to data from the Mexican government, 1.55 percent of suspected crimes in Mexico result in convictions.  By comparison, the U.S. federal courts logged a 90.3 percent conviction rate in FY 2008.

The report recommends that judicial sector training be proactively offered by the United States through the Mérida Initiative to each Mexican state that requests it.  This should include specific training on oral trial topics, such as evidence, opening and closing statements, direct and cross examination and objections.

Southbound Inspections

• The report asks the Departments of Justice and Homeland Security to conduct and submit to Congress an assessment of immediate infrastructure and staffing needs at the Southwest border - including important tools like License Plate Readers - and activities and resources by the Mexican Government to stand-up southbound inspections on the Mexican side of the border.

Border Tunnels

• The report calls on Congress to pass legislation to enhance the 2007 law that criminalizes the financing, construction and use of border tunnels.  The legislation proposed in the report would increase prosecutorial options by criminalizing conspiracy to use, construct or finance a border tunnel.  The Caucus also recommends that illegal tunneling be included as an offense eligible for Title III wire interception.

Cross-Border Kidnappings

• The Caucus's report calls on the FBI to develop and sponsor a vetted unit with trusted Mexican counterparts who have the expertise to conduct investigations of the kidnappings of U.S. citizens.

The entire report can be found here:  U.S. and Mexican Responses to Mexican Drug Trafficking Organizations

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SEC approves whistleblower rules

Wednesday, May 25, 2011

Sen. Chuck Grassley of Iowa helped to enact provisions beefing up the Securities and Exchange Commission's treatment of whistleblowers.  Earlier, Grassley was the Senate author of the 1986 whistleblower amendments to the federal False Claims Act, which has become one of the government's most powerful tools against fraud.  He also was key to improving the IRS' whistleblower office.  He made the following comment on the SEC's approval today of new rules giving whistleblowers incentives to come forward about financial fraud.

"In general, there's a long history of retaliation against whistleblowers.  To come forward, they need protection and independence from the operation that's potentially doing wrong.   The SEC took a step in the right direction today.  A whistleblower might prevent the next Madoff.   Twenty years ago, the Justice Department resisted whistleblowers.  Since then, whistleblowers have helped the department recover $28 billion that otherwise would have been lost to fraud.  More recently, there was a lot of skepticism about beefing up the IRS' whistleblower incentives.  That office recently recovered $20 million for the taxpayers in the first reward under the new set-up.  Both of these programs faced some of the same criticisms facing the SEC program but the concerns were overstated.   Now, the SEC needs to break away from its past of resisting whistleblowers.  It needs to make sure whistleblowers are taken seriously and that their complaints are given the attention needed to prevent fraud."

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Grassley Elicits Confirmation of Risk to U.S. Market Share Over Korea Trade Agreement Delay

WASHINGTON -- May 25, 2011 - In response to a question from Sen. Chuck Grassley, a top U.S. trade official confirmed today that U.S. agricultural producers are indeed at risk of losing valuable market share in Korea to the European Union because the United States has not implemented its pending Free Trade Agreement with Korea, and the European Union has implemented such an agreement.  The White House and congressional allies continue to move the goal posts on the necessary conditions for implementing pending trade agreements, to the detriment of U.S. producers.

The exchange occurred at a hearing of the Finance Committee, with jurisdiction over international trade.  Grassley is a senior member and former chairman and ranking member of the committee.

A video clip is available here.

The text of a Senate floor speech Grassley delivered today on the value of trade agreements is available here.

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