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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Las Vegas, June 6, 2011/GLOBENEWSWIRE -- Allegiant Travel Company (NASDAQ:ALGT) today reported preliminary passenger traffic results for May 2011.

Scheduled Service

                                             May 2011     May 2010     Change

Passengers                               433,329        456,673          (5.1%)

Revenue passenger miles (000)   387,091        419,073          (7.6%)

Available seat miles (000)           420,002        455,062          (7.7%)

Load factor                               92.2%           92.1%          0.1 pts

Departures                                 3,206            3,341          (4.0%)

Average stage length (miles)            873               908          (3.8%)

Total System*

                                             May 2011      May 2010     Change

Passengers                               464,983        483,016          (3.7%)

Revenue passenger miles (000)   411,038        441,597          (6.9%)

Available seat miles (000)            466,664        502,350          (7.1%)

Load factor                                 88.1%           87.9%          0.2 pts

Departures                                  3,785            3,930          (3.7%)

Average stage length (miles)            825               859          (3.9%)                        

*Total system includes scheduled service, fixed fee contract and non-revenue flying.

Preliminary Financial Results

Change

April 2011 actual year-over-year

scheduled passenger revenue per ASM (PRASM) change                23.9%

April 2011 actual year-over year

scheduled total revenue per ASM (TRASM) change                          20.4%

 

May 2011 estimated year-over-year PRASM change                     34.6 - 35.0%

May 2011 estimated year-over-year TRASM change                    26.7 - 27.1%

 

May 2011 estimated average fuel cost per gallon - system                       $3.20

May 2011 estimated average fuel cost per gallon - scheduled                  $3.47

 

Guidance

 

Capacity guidance, subject to revision	Year over Year Growth
	Departures	ASMs
June 2011
Scheduled	1%	1%
2nd Quarter 2011
System	(3) to (1)%	(3) to (1)%
Scheduled	(3) to (1)%	(4) to (2)%
3rd Quarter 2011
System	(7) to (3)%	(4) to 0%
Scheduled	(8) to (4)%	(6) to (2)%
Revenue guidance, subject to revision
		2nd Quarter 2011
Estimated PRASM change - year over year growth		+25 to 27%

ASMs - Available seat miles

About the Company
Las Vegas-based Allegiant Travel Company (NASDAQ: ALGT) is focused on linking travelers in small cities to world-class leisure destinations such as Fort Lauderdale, Fla., Las Vegas, Los Angeles, Phoenix-Mesa, Orlando, Fla., and Tampa/St. Petersburg, Fla.  Through its subsidiary, Allegiant Air, the company operates a low-cost, high-efficiency, all-jet passenger airline offering air travel both on a stand-alone basis and bundled with hotel rooms, rental cars and other travel-related services.  In 2010, Allegiant was ranked number one for low-cost carriers in Aviation Week's Top Performing Airline study and ranked 25 on FORTUNE magazine's Fastest-Growing Companies list.  ALGT/G

Note: This news release was accurate at the date of issuance. However, information contained in the release may have changed. If you plan to use the information contained herein for any purpose, verification of its continued accuracy is your responsibility.

For further information please visit the company's investor website: http://ir.allegiant.com

Reference to the Company's website above does not constitute incorporation of any of the information thereon into this news release.

Under the safe harbor provisions of the Private Securities Litigation Reform Act of 1995, statements in this press release that are not historical facts are forward-looking statements. These forward-looking statements are only estimates or predictions based on our management's beliefs and assumptions and on information currently available to our management. Forward-looking statements include our statements regarding future departure and capacity growth. Forward-looking statements include all statements that are not historical facts and can be identified by the use of forward-looking terminology such as the words "guidance", "believe," "expect," "anticipate," "intend," "plan," "estimate," "project," "hope" or similar expressions.

Forward-looking statements involve risks, uncertainties and assumptions. Actual results may differ materially from those expressed in the forward-looking statements. Important risk factors that could cause our results to differ materially from those expressed in the forward-looking statements generally may be found in our periodic reports filed with the Securities and Exchange Commission at www.sec.gov.

Any forward-looking statements are based on information available to us today and we undertake no obligation to update publicly any forward-looking statements, whether as a result of future events, new information or otherwise.

###

WASHINGTON - Sen. Chuck Grassley of Iowa today released a report giving the Defense Department's inspector general audits a D- grade on a "junkyard dog" index for tracking waste, fraud and abuse of tax dollars.

"Audits are the tip of the inspector general's spear," Grassley said.  "A good spear always needs a finely honed cutting edge. Right now, the point of that spear is dull.  The best audit weapon is disabled. As a watchdog, I get serious heartburn from degraded audit capabilities.  It puts the taxpayers' money in harm's way.  It leaves huge sums of money vulnerable to theft and waste."

Grassley directed his staff to review all 113 unclassified Defense Department inspector general audits for Fiscal Year 2010.  Under the Grassley analysis, 15 reports are "good to very good."  But other reports earn more negative assessments for failing to track the tax dollars, taking too long to complete and losing the money trail, and other shortcomings.  The report assigns a D- grade overall to the 113 audits.

The report names nine audit roadblocks that Grassley said stand between lackluster audits and quality audits.  He encouraged the inspector general to dismantle each roadblock.  "The inspector general must find a way to tear down these walls," Grassley said.  "Otherwise, audit reform and transformation will never happen. My staff will keep reading and evaluating inspector general audits until steady improvement is popping up on the radar screen every day."

Today's report is a follow-up to Grassley's first such oversight review, issued on Sept. 7, 2010.  The initial report evaluated the 113 audit reports issued in FY 2009. It determined that the Defense Department inspector general audit capabilities, which cost the taxpayers about $100 million a year, were gravely impaired.  The inspector general's office pledged to improve audit quality, a promise Grassley is working to hold the office to fulfill.

Grassley began conducting oversight of the Pentagon in the early 1980s when President Reagan was ramping up the defense budget. A group of defense reformers including Grassley examined the pricing of spare parts and uncovered $750 toilet seats and $695 ashtrays for military aircraft.  As a result of the Inspector General Act of 1978, offices of inspectors general were set up at each federal agency.

In 1986, Grassley authored a major update of the federal False Claims Act, with Rep. Howard Berman of California. Since then, the law has recovered more than $28 billion and deterred billions of dollars in additional fraud against the taxpayers.   It has been used to uncover defense fraud and recently in particular, health care fraud.

Click on the following links to view Grassley's report released today, his letter to the Defense Department inspector general accompanying the report, and the video and text of a speech delivered on the Senate floor on the report.

-30-

During the summer months, blood donations often drop to low levels.The American Red Cross encourages donors to rev up their engines and head out to a nearby blood drive or donation center.

From May 25 through Sept. 14, presenting donors (age 18 and older) can register online at redcrossracing.com to enter the Red Cross Racing "Summer Drive Sweepstakes." Enter for a chance to win a new, fuel-efficient 2012 Ford Fiesta SE. One winner will be selected by random drawing no later than Sept. 19.

Red Cross Racing participants also get points for activities like giving blood and recruiting blood donors. Points can be redeemed at any time for fun racing-themed prizes or donated to support the Red Cross Service to the Armed Forces.

The American Red Cross is celebrating the fourth year of its Red Cross Racing partnership with 3M and Roush Fenway Racing. For more information, or to schedule your summer blood donation appointment, please visit redcrossracing.com or call 1-800-RED CROSS.

How to Donate Blood
Simply call 1-800-RED CROSS (1-800-733-2767) or visitredcrossblood.org to make an appointment or for more information.

All blood types are needed to ensure a reliable supply for patients. A blood donor card or driver's license, or two other forms of identification are required at check-in. Individuals who are 17 years of age (16 with parental permission in some states), weigh at least 110 pounds and are generally in good health may be eligible to donate blood. High school students and other donors 18 years of age and younger also have to meet certain height and weight requirements.

About the American Red Cross
Governed by volunteers and supported by giving individuals and communities, the American Red Cross is the single largest supplier of blood products to hospitals throughout the United States. While local hospital needs are always met first, the Red Cross also helps ensure no patient goes without blood no matter where or when they need it. In addition to providing nearly half of the nation's blood supply, the Red Cross provides relief to victims of disaster, trains millions in lifesaving skills, serves as a communication link between U.S. military members and their families, and assists victims of international disasters or conflicts.

Fast Facts
Approximately every two seconds someone in the U.S.needs blood.
More than 38,000 blood donations are needed every day.
Only 38% of the U.S.population is eligible to donate blood.
Just 8% of those eligible actually donate.
One out of every 10 people admitted to the hospital needs blood.
One donation can help save the lives of up to three people.
The number one reason donors say they give blood is because they "want to help others."
The American Red Cross supplies approximately 40% of the nation's blood supply.

Blood Donation Opportunities June 16-30, 2011
WHITESIDE COUNTY
6/21/11
1:00 pm- 5:15 pm
Old Fulton Fire
912 4th Street
Fulton

6/22/11
10:00 am- 2:00 pm
Rock Falls Blood Donation Center
112 W. Second St.
Rock Falls

6/23/11
4:00 pm- 7:00 pm
Rock Falls Blood Donation Center
112 W. Second St.
Rock Falls

6/28/11 
1:00 pm-5:15 pm
Old Fulton Fire Station
912 4th Street
Fulton
Get a chance to win a portable GPS unit when you present to donate between June 27th & July 6th, 2011!

6/29/11
2:00 pm-6:00 pm
Rock Falls Blood Donation Center
112 W. Second St.
Rock Falls
Get a chance to win a portable GPS unit when you present to donate between June 27th & July 6th, 2011!

CLINTON COUNTY
6/16/11
10:00 am- 4:00 pm
Lyondell Chemical Company
3400 Anamosa Road
Clinton

6/19/11
8:00 am-12:00 pm
Assumption Catholic Church
147 Broadway Street
Charlotte

CARROLL COUNTY
6/16/11
1:00 pm-6:00 pm
Milledgeville First Brethren Church
521 N. Main Ave
Milledgeville
All presenting donors will be eligible to win a set of 2 free Chicago White Sox regular season home game tickets.

6/17/11
12:00 pm-6:00 pm
United Methodist Church
405 E.Locust
Lanark
All presenting donors will be eligible to win a set of 2 free Chicago White Sox regular season home game tickets.

6/22/11
12:00 pm-6:00 pm
Big Meadows Nursing Home
1000 Longmoor Ave
Savanna
All presenting donors will be eligible to win a set of 2 free Chicago White Sox regular season home game tickets.

6/24/11
1:00 pm-6:00 pm
Mt. Carroll Community Building
101 N. Main
Mount Carroll
All presenting donors will be eligible to win a set of 2 free Chicago White Sox regular season home game tickets.