confirmation hearings on federal appointments hearings committee
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S:\GPO\HEARINGS\77421.TXTCONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS
HEARINGS BEFORE THE
Serial No. J–112–4
PART 8
(
WASHINGTON :
For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800
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77–421 2013
CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS
HEARINGS BEFORE THE
Serial No. J–112–4
PART 8
(
PATRICK J. LEAHY, Vermont, Chairman HERB KOHL, Wisconsin DIANNE FEINSTEIN, California CHUCK SCHUMER, New York DICK DURBIN, Illinois SHELDON WHITEHOUSE, Rhode Island AMY KLOBUCHAR, Minnesota AL FRANKEN, Minnesota CHRISTOPHER A. COONS, Delaware RICHARD BLUMENTHAL, Connecticut
CHUCK GRASSLEY, Iowa ORRIN G. HATCH, Utah JON KYL, Arizona JEFF SESSIONS, Alabama LINDSEY GRAHAM, South Carolina JOHN CORNYN, Texas MICHAEL S. LEE, Utah TOM COBURN, Oklahoma
BRUCE A. COHEN, Chief Counsel and Staff Director KOLAN DAVIS, Republican Chief Counsel and Staff Director
(III)
JUNE 6, 2012
Page
Blumenthal, Hon. Richard, a U.S. Senator from the State of Connecticut ........ 1 Feinstein, Hon. Dianne, a U.S. Senator from the State of California, prepared
statement .............................................................................................................. 263 Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa ............................ 5
prepared statement .......................................................................................... 269 Schumer, Hon. Charles E., a U.S. Senator from the State of New York,
June 6, 2012, letter .............................................................................................. 274
PRESENTERS
Boxer, Hon. Barbara, a U.S. Senator from the State of California presenting Jesus G. Bernal, Nominee to be U.S. District Judge for the Central District of California and Grande Lum, Nominee to be Director, Community Rela- tions Service, Department of Justice .................................................................. 2
Levin, Hon. Carl, a U.S. Senator from the State of Michigan presenting Terrence G. Berg, Nominee to be U.S. District Judge for the Eastern District of Michigan ............................................................................................. 3
STATEMENT OF THE NOMINEES
Berg, Terrence G., Nominee to be U.S. District Judge for the Eastern District of Michigan ........................................................................................................... 7
Questionnaire .................................................................................................... 8 Bernal, Jesus G., Nominee to be U.S. District Judge for the Central District
of California .......................................................................................................... 91 Questionnaire .................................................................................................... 92
Lum, Grande, Nominee to be Director, Community Relations Service, Depart- ment of Justice ..................................................................................................... 177
Questionnaire .................................................................................................... 178 Schofield, Lorna G., Nominee to be U.S. District Judge for the Southern
District of New York ............................................................................................ 118 Questionnaire .................................................................................................... 119
QUESTIONS AND ANSWERS
Responses of Terrence G. Berg to questions submitted by Senators Grassley, Coburn and Klobuchar ......................................................................................... 216
Responses of Jesus G. Bernal to questions submitted by Senators Grassley, Coburn and Klobuchar ......................................................................................... 235
Responses of Grande Lum to questions submitted by Senators Grassley and Klobuchar .............................................................................................................. 241
Responses of Lorna G. Schofield to questions submitted by Senators Grassley and Klobuchar ...................................................................................................... 247
SUBMISSIONS FOR THE RECORD
American Bar Association (ABA), Allan J. Joseph, Chair, Washington, DC: Terrence G. Berg, April 26, 2012, letter ......................................................... 253 Jesus G. Bernal, April 26, 2012, letter ........................................................... 254 Lorna G. Schofield, April 26, 2012, letter ....................................................... 255
Dispute Resolution Practitioners, May 1, 2012, joint letter ................................. 256
Page IV
Gillibrand, Kirsten E., a U.S. Senator from the State of New York, prepared statement .............................................................................................................. 268
National Asian Pacific American Bar Association (NAPABA), Tina R. Matsuoka, Executive Director, Washington, DC, June 5, 2012, letter ............ 275
Peninsula Conflict Resolution Center, Jennifer Bullock, Former Executive Director, San Mateo, California, March 21, 2012, joint letter .......................... 277
Professional Legal Scholars, April 9, 2012, joint letter ........................................ 279
WEDNESDAY, JUNE 27, 2012
STATEMENTS OF COMMITTEE MEMBERS
Feinstein, Hon. Dianne, a U.S. Senator from the State of California ................. 285 Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa, prepared
statement .............................................................................................................. 615
PRESENTERS
Casey, Hon. Robert P., Jr., a U.S. Senator from the State of Pennsylvania presenting Malachy Edward Mannion, Nominee to be U.S. District Judge for the Middle District of Pennsylvania and Matthew W. Brann Nominee to be U.S. District Judge for the Middle District of Pennsylvania .................. 291
Schumer, Hon. Charles E., a U.S. Senator from the State of New York presenting Frank Paul Geraci, Jr., Nominee to be U.S. District Judge for the Western District of New York ................................................................. 287
Toomey, Hon. Patrick J., a U.S. Senator from the State of Pennsylvania presenting Malachy Edward Mannion, Nominee to be U.S. District Judge for the Middle District of Pennsylvania and Matthew W. Brann, Nominee to be U.S. District Judge for the Middle District of Pennsylvania .................. 286
STATEMENTS OF THE NOMINEES
Brann, Matthew W., Nominee to be U.S. District Judge for the Middle Dis- trict of Pennsylvania ............................................................................................ 486
Questionnaire .................................................................................................... 487 Breyer, Charles R., Nominee to be a Member of the U.S. Sentencing Commis-
sion ........................................................................................................................ 528 Questionnaire .................................................................................................... 529
Geraci, Frank Paul, Jr., Nominee to be U.S. District Judge for the Western District of New York ............................................................................................ 292
Questionnaire .................................................................................................... 294 Mannion, Malachy Edward, Nominee to be U.S. District Judge for the Middle
District of Pennsylvania ...................................................................................... 411 Questionnaire .................................................................................................... 412
Olguin, Fernando M., Nominee to be U.S. District Judge for the Central District of California ............................................................................................ 361
Questionnaire .................................................................................................... 362
QUESTIONS AND ANSWERS
Responses of Matthew W. Brann to questions submitted by Senators Grassley and Klobuchar ...................................................................................................... 585
Responses of Charles R. Breyer to questions submitted by Senators Grassley and Klobuchar ...................................................................................................... 589
Responses of Frank Paul Geraci, Jr., to questions submitted by Senators Grassley and Klobuchar ...................................................................................... 592
Responses of Malachy Edward Mannion to questions submitted by Senators Grassley and Klobuchar ...................................................................................... 597
Responses of Fernando M. Olguin to questions submitted by Senators Grass- ley and Klobuchar ................................................................................................ 601
SUBMISSION FOR THE RECORD
American Bar Association (ABA), Allan J. Joseph, Chair, Washington, DC: Matthew W. Brann, May 17, 2012, letter ....................................................... 608 Frank P. Geraci, May 15, 2012, letter ............................................................ 609 Malachy E. Mannion, May 17, 2012, letter .................................................... 610
Page V
American Bar Association (ABA), Allan J. Joseph, Chair, Washington, DC— Continued
Fernando M. Olguin, May 15, 2012, letter ..................................................... 611 Baca, Leroy D., Sheriff, County of Los Angeles, Monterey Park, California,
June 20, 2012, letter ............................................................................................ 612 Beck, Charlie, Chief of Police, Los Angeles Police Department, Los Angeles,
California, June 11, 2012, letter ......................................................................... 613 Boxer, Hon. Barbara, a U.S. Senator from the State of California, statement .. 614 Los Angeles Police Protective League, Tyler Izen, President, Los Angeles,
California, June 6, 2012, letter ........................................................................... 625 Olquin, Fernando M., Los Angeles, California, statement ................................... 626
WEDNESDAY, JULY 11, 2012
STATEMENTS OF COMMITTEE MEMBERS
Coons, Hon. Christopher A., a U.S. Senator from the State of Delaware ........... 627 Durbin, Hon. Dick, a U.S. Senator from the State of Illinois, prepared state-
ment ...................................................................................................................... 863 Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa ............................ 628
prepared statement .......................................................................................... 864
PRESENTERS
Boxer, Hon. Barbara, a U.S. Senator from the State of California presenting Jon S. Tigar, Nominee to be U.S. District Judge for the Northern District of California and William H. Orrick III, Nominee to be U.S. District Judge for the Northern District of California ............................................................... 628
Feinstein, Hon. Dianne, a U.S. Senator from the State of California pre- senting Jon S. Tigar, Nominee to be U.S. District Judge for the Northern District of California and William H. Orrick III, Nominee to be U.S. District Judge for the Northern District of California .................................................... 630
STATEMENTS OF THE NOMINEES
Durkin, Thomas M., Nominee to be U.S. District Judge for the Northern District of Illinois ................................................................................................. 633
Questionnaire .................................................................................................... 634 Orrick, William H. III, Nominee to be U.S. District Judge for the Northern
District of California ............................................................................................ 741 Questionnaire .................................................................................................... 742
Tigar, Jon S., Nominee to be U.S. District Judge for the Northern District of California .......................................................................................................... 682
Questionnaire .................................................................................................... 683
QUESTIONS AND ANSWERS
Responses of Thomas M. Durkin to questions submitted by Senators Grassley, Klobuchar, Lee and Sessions ............................................................................... 800
Responses of William H. Orrick III to questions submitted by Senators Grass- ley, Klobuchar, Lee and Sessions ........................................................................ 807
Responses of Jon S. Tigar to questions submitted by Senators Grassley, Klobuchar, and Lee .............................................................................................. 846
SUBMISSION FOR THE RECORD
Ahern, Gregory J., Sheriff-Coroner, Oakland, California, June 15, 2011, letter 855 American Bar Association (ABA), Allan J. Joseph, Chair, Washington, DC:
Thomas M. Durkin, May 21, 2012, letter ....................................................... 856 William H. Orrick, III, June 12, 2012, letter ................................................. 857 Jon S. Tigar, June 17, 2012, letter .................................................................. 858
Boxer, Hon. Barbara, a U.S. Senator from the State of California, statement .. 859 Kirk, Hon. Mark, a U.S. Senator from the State of Illinois, statement .............. 870 Meehan, Michael K., Chief of Police, Berkeley, California, February 23, 2011,
letter ...................................................................................................................... 872
Page VI
ALPHABETICAL LIST OF NOMINEES
Berg, Terrence G., Nominee to be U.S. District Judge for the Eastern District of Michigan ........................................................................................................... 7
Bernal, Jesus G., Nominee to be U.S. District Judge for the Central District of California .......................................................................................................... 91
Brann, Matthew W., Nominee to be U.S. District Judge for the Middle Dis- trict of Pennsylvania ............................................................................................ 486
Breyer, Charles R., Nominee to be a Member of the U.S. Sentencing Commis- sion ........................................................................................................................ 528
Durkin, Thomas M., Nominee to be U.S. District Judge for the Northern District of Illinois ................................................................................................. 633
Geraci, Frank Paul, Jr., Nominee to be U.S. District Judge for the Western District of New York ............................................................................................ 292
Lum, Grande, Nominee to be Director, Community Relations Service, Depart- ment of Justice ..................................................................................................... 177
Mannion, Malachy Edward, Nominee to be U.S. District Judge for the Middle District of Pennsylvania ...................................................................................... 411
Olguin, Fernando M., Nominee to be U.S. District Judge for the Central District of California ............................................................................................ 361
Orrick, William H. III, Nominee to be U.S. District Judge for the Northern District of California ............................................................................................ 741
Schofield, Lorna G., Nominee to be U.S. District Judge for the Southern District of New York ............................................................................................ 118
Tigar, Jon S., Nominee to be U.S. District Judge for the Northern District of California .......................................................................................................... 682
(1)
NOMINATION OF TERRENCE G. BERG, OF MICHIGAN, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MICHIGAN; JESUS G. BERNAL, OF CALI- FORNIA, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF CALIFORNIA; LORNA G. SCHOFIELD, OF NEW YORK, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW YORK; AND GRANDE LUM, OF CALI- FORNIA, TO BE DIRECTOR, COMMUNITY RE- LATIONS SERVICE
WEDNESDAY, JUNE 6, 2012
U.S. SENATE, COMMITTEE ON THE JUDICIARY,
Washington, DC. The Committee met, pursuant to notice, at 2:30 p.m., in room
SD–226, Dirksen Senate Office Building, Hon. Richard Blumenthal, presiding.
Present: Senators Blumenthal, Grassley, and Lee.
OPENING STATEMENT OF HON. RICHARD BLUMENTHAL, A U.S. SENATOR FROM THE STATE OF CONNECTICUT
Senator BLUMENTHAL. I am very pleased to call this hearing to order and to welcome Senators Levin and Boxer to introduce nomi- nees from their States.
I am grateful to the Judiciary Committee and to Chairman Leahy, who could not be here today, for the opportunity to chair this meeting. I regard it as a privilege and an honor to preside at a hearing that has such a consequential role in our justice system. Nothing is more important than the face and voice of justice in the person of district court judges and other nominees whom we have today, and my hope is that it will be truly a bipartisan process for you and for all the nominees to these very, very profoundly signifi- cant positions. My hope is that Republicans and Democrats will work together, vote together, and assess together the merits of each of the nominees as dispassionately and objectively as possible.
I want to welcome each of the nominees today and particularly their families. They probably know what is in store better than you do, than they have told you, but your being here, your families,
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means a tremendous amount to you and to the Committee for this historic hearing.
I would also like to welcome Senate colleagues who are here and others who may be arriving. I know Senator Grassley, the Ranking Minority Member, may well be here shortly.
And with that, I would like to ask first, Senator Boxer, if you would introduce the nominee from California.
PRESENTATION OF JESUS G. BERNAL, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF CALI- FORNIA, AND GRANDE LUM, NOMINEE TO BE DIRECTOR, COMMUNITY RELATIONS SERVICE, BY HON. BARBARA BOXER, A U.S. SENATOR FROM THE STATE OF CALIFORNIA
Senator BOXER. Thank you so much, Mr. Chairman, and it is very nice to see you up there. It suits you very well.
Senator BLUMENTHAL. Thank you. Senator BOXER. I am honored to be here today to welcome and
introduce Jesus Bernal, who has been nominated to the Central District Court of California. Mr. Bernal is very well respected by colleagues in the Riverside legal community and will make an out- standing addition to the Federal bench. He also has the support of my colleague and your colleague on the Committee, Senator Fein- stein, who could not be here today, and I would ask unanimous consent to submit her statement for the record.
Senator BLUMENTHAL. Without objection. Senator BOXER. Thank you. [The prepared statement of Senator Feinstein appears as a sub-
mission for the record.] Senator BOXER. I would also like to welcome Mr. Bernal’s wife,
Patricia, who is here with us today. I would also like to welcome another Californian who is coming
before the Committee, Professor Grande Lum, from the University of California, Hastings, who has been nominated as Director of the Justice Department’s Office of Community Relations. He is cur- rently a clinical professor of law and director of the Center for Ne- gotiations and Dispute Resolution. His wife, Nan Santiago, is here with him.
Back to Mr. Bernal, because this is a story. He was born the eld- est son of two humble factory workers, Gilberto and Martha, who aspired for their sons and daughters to attend college and not to have to work in a factory. Gilberto and Martha would tell young Jesus and his siblings, ‘‘You study. We work.’’
Their aspirations were realized as all five of their children at- tended college, and today Mr. Bernal stands on the edge of writing another chapter in his family’s history as he seeks to become a Federal district court judge.
To his mother, Martha, and his brothers and sisters who are watching today via Webcast, I share in your pride on this momen- tous day.
Mr. Bernal is a graduate of Yale University with honors and Stanford Law School. After law school, he clerked for Judge David Kenyon on the same court to which he has been nominated, the Central District of California. Mr. Bernal began his practice and career as an associate with the Heller Ehrman law firm, where he
3
worked on complex commercial litigation cases. In 1996, he joined the Los Angeles office of the Federal Public Defender for the Cen- tral District of California, where he began handling Federal crimi- nal cases representing indigent defendants.
In 2006, he became the directing attorney for the Riverside branch office, where he supervises a team of attorneys, investiga- tors, paralegals, and administrative staff.
In addition to his work in court, Mr. Bernal has served on the Board of Directors for the Federal Bar Association Inland Empire chapter since 2006. The Federal Bar Association is a group that works toward improving the education skills for lawyers practicing in Federal courts. He has also dedicated his time to working with at-risk Latino youth.
It is important that we confirm Mr. Bernal to the bench in River- side as soon as possible. Riverside County has 23 percent of the Central District’s population; however, out of the 25 active judges in the Central District, there is only one judge currently sitting in Riverside. We need to send the people of Riverside another judge, and quickly. And what a fine nominee we have here.
I close by congratulating Mr. Bernal and his family on this very important day. He is an excellent candidate who brings diverse ex- perience in the Federal courts, having handled criminal and civil cases there. And I urge my colleagues in the Senate to move swiftly to confirm these nominees to the Federal bench.
I thank you so very much, and it is nice to see Senator Grassley arriving. Thank you very much.
Senator BLUMENTHAL. Thank you, Senator Boxer. We have been joined by Senator Grassley, the Ranking Member
of the Judiciary Committee. I am going to ask him to make some opening remarks, but first if I may turn to Senator Levin, and knowing how busy both of you are, both Senators Boxer and Levin, you should feel free at any point—and people should understand that you have full schedules, and the Committee certainly will un- derstand if you decide to leave before the end of these proceedings.
Senator Levin, if you would make some introductory remarks, please.
PRESENTATION OF TERRENCE G. BERG, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MICHI- GAN, BY HON. CARL LEVIN, A U.S. SENATOR FROM THE STATE OF MICHIGAN
Senator LEVIN. Well, first let me thank you, Senator Blumenthal and Senator Grassley. Thank you both and the entire Committee for calling the hearing and for the consideration of these nominees.
Today I am delighted to be introducing Terry Berg, whom the President has nominated to the Federal bench for the Eastern Dis- trict Court in Michigan. He is here today with his wife, Anita; his daughters, Helen Marie and Colette; his son, Teddy; and his sister, Mary Helen. He has had quite a week, this family, not just him but his whole family, because apparently each of the children is a grad- uate this week. Now, if they were a little older, that would be a great relief in terms of no additional costs of college, but only one of them has graduated college. The other two are high school and middle school. Helen Marie has graduated, I believe, Catholic Uni-
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versity in May; Colette has graduated Mercy High School; and Teddy has, I believe, graduated middle school. So it has been an exciting week, and I know this will add a little bit of excitement to it.
Mr. Berg has a truly impressive legal career. He is a truly su- perb candidate for the Eastern District Court, and I say that with some real feeling because my uncle was a chief judge of this court, and so I have a very keen sense of the qualities that are required of not just judges but judges that in this particular district—all dis- tricts have judges that are required to do justice, but each district also has some differences in terms of the background and culture of the people who live there, and he is very sensitive to that, and he will make a terrific judge.
He graduated from Georgetown University Law Center, went to work then for a district judge. Since 2003, he has been an Assistant United States Attorney in the Eastern District of Michigan. He has worked on various issues, including cyber crime, which I know is of particular interest to this panel. He has supervised criminal, civil, and administrative divisions. He has handled a full fraud case docket, including the theft of trade secrets, mortgage fraud, health care fraud, corporate fraud, and other white-collar crime cases. And during this time, he received the Assistant Attorney General’s Award for Distinguished Service and the Director’s Award for Su- perior Performance in a Managerial or Supervisory Role.
Prior to that service, Mr. Berg worked for the Attorney General of Michigan where he established and supervised the State’s first computer crime prosecution unit. He has also served here in Wash- ington with the Department of Justice as a computer crime fellow. He has also taught at the University of Detroit-Mercy School of Law and the Wayne…
HEARINGS BEFORE THE
Serial No. J–112–4
PART 8
(
WASHINGTON :
For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800
Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001
77–421 2013
CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS
HEARINGS BEFORE THE
Serial No. J–112–4
PART 8
(
PATRICK J. LEAHY, Vermont, Chairman HERB KOHL, Wisconsin DIANNE FEINSTEIN, California CHUCK SCHUMER, New York DICK DURBIN, Illinois SHELDON WHITEHOUSE, Rhode Island AMY KLOBUCHAR, Minnesota AL FRANKEN, Minnesota CHRISTOPHER A. COONS, Delaware RICHARD BLUMENTHAL, Connecticut
CHUCK GRASSLEY, Iowa ORRIN G. HATCH, Utah JON KYL, Arizona JEFF SESSIONS, Alabama LINDSEY GRAHAM, South Carolina JOHN CORNYN, Texas MICHAEL S. LEE, Utah TOM COBURN, Oklahoma
BRUCE A. COHEN, Chief Counsel and Staff Director KOLAN DAVIS, Republican Chief Counsel and Staff Director
(III)
JUNE 6, 2012
Page
Blumenthal, Hon. Richard, a U.S. Senator from the State of Connecticut ........ 1 Feinstein, Hon. Dianne, a U.S. Senator from the State of California, prepared
statement .............................................................................................................. 263 Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa ............................ 5
prepared statement .......................................................................................... 269 Schumer, Hon. Charles E., a U.S. Senator from the State of New York,
June 6, 2012, letter .............................................................................................. 274
PRESENTERS
Boxer, Hon. Barbara, a U.S. Senator from the State of California presenting Jesus G. Bernal, Nominee to be U.S. District Judge for the Central District of California and Grande Lum, Nominee to be Director, Community Rela- tions Service, Department of Justice .................................................................. 2
Levin, Hon. Carl, a U.S. Senator from the State of Michigan presenting Terrence G. Berg, Nominee to be U.S. District Judge for the Eastern District of Michigan ............................................................................................. 3
STATEMENT OF THE NOMINEES
Berg, Terrence G., Nominee to be U.S. District Judge for the Eastern District of Michigan ........................................................................................................... 7
Questionnaire .................................................................................................... 8 Bernal, Jesus G., Nominee to be U.S. District Judge for the Central District
of California .......................................................................................................... 91 Questionnaire .................................................................................................... 92
Lum, Grande, Nominee to be Director, Community Relations Service, Depart- ment of Justice ..................................................................................................... 177
Questionnaire .................................................................................................... 178 Schofield, Lorna G., Nominee to be U.S. District Judge for the Southern
District of New York ............................................................................................ 118 Questionnaire .................................................................................................... 119
QUESTIONS AND ANSWERS
Responses of Terrence G. Berg to questions submitted by Senators Grassley, Coburn and Klobuchar ......................................................................................... 216
Responses of Jesus G. Bernal to questions submitted by Senators Grassley, Coburn and Klobuchar ......................................................................................... 235
Responses of Grande Lum to questions submitted by Senators Grassley and Klobuchar .............................................................................................................. 241
Responses of Lorna G. Schofield to questions submitted by Senators Grassley and Klobuchar ...................................................................................................... 247
SUBMISSIONS FOR THE RECORD
American Bar Association (ABA), Allan J. Joseph, Chair, Washington, DC: Terrence G. Berg, April 26, 2012, letter ......................................................... 253 Jesus G. Bernal, April 26, 2012, letter ........................................................... 254 Lorna G. Schofield, April 26, 2012, letter ....................................................... 255
Dispute Resolution Practitioners, May 1, 2012, joint letter ................................. 256
Page IV
Gillibrand, Kirsten E., a U.S. Senator from the State of New York, prepared statement .............................................................................................................. 268
National Asian Pacific American Bar Association (NAPABA), Tina R. Matsuoka, Executive Director, Washington, DC, June 5, 2012, letter ............ 275
Peninsula Conflict Resolution Center, Jennifer Bullock, Former Executive Director, San Mateo, California, March 21, 2012, joint letter .......................... 277
Professional Legal Scholars, April 9, 2012, joint letter ........................................ 279
WEDNESDAY, JUNE 27, 2012
STATEMENTS OF COMMITTEE MEMBERS
Feinstein, Hon. Dianne, a U.S. Senator from the State of California ................. 285 Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa, prepared
statement .............................................................................................................. 615
PRESENTERS
Casey, Hon. Robert P., Jr., a U.S. Senator from the State of Pennsylvania presenting Malachy Edward Mannion, Nominee to be U.S. District Judge for the Middle District of Pennsylvania and Matthew W. Brann Nominee to be U.S. District Judge for the Middle District of Pennsylvania .................. 291
Schumer, Hon. Charles E., a U.S. Senator from the State of New York presenting Frank Paul Geraci, Jr., Nominee to be U.S. District Judge for the Western District of New York ................................................................. 287
Toomey, Hon. Patrick J., a U.S. Senator from the State of Pennsylvania presenting Malachy Edward Mannion, Nominee to be U.S. District Judge for the Middle District of Pennsylvania and Matthew W. Brann, Nominee to be U.S. District Judge for the Middle District of Pennsylvania .................. 286
STATEMENTS OF THE NOMINEES
Brann, Matthew W., Nominee to be U.S. District Judge for the Middle Dis- trict of Pennsylvania ............................................................................................ 486
Questionnaire .................................................................................................... 487 Breyer, Charles R., Nominee to be a Member of the U.S. Sentencing Commis-
sion ........................................................................................................................ 528 Questionnaire .................................................................................................... 529
Geraci, Frank Paul, Jr., Nominee to be U.S. District Judge for the Western District of New York ............................................................................................ 292
Questionnaire .................................................................................................... 294 Mannion, Malachy Edward, Nominee to be U.S. District Judge for the Middle
District of Pennsylvania ...................................................................................... 411 Questionnaire .................................................................................................... 412
Olguin, Fernando M., Nominee to be U.S. District Judge for the Central District of California ............................................................................................ 361
Questionnaire .................................................................................................... 362
QUESTIONS AND ANSWERS
Responses of Matthew W. Brann to questions submitted by Senators Grassley and Klobuchar ...................................................................................................... 585
Responses of Charles R. Breyer to questions submitted by Senators Grassley and Klobuchar ...................................................................................................... 589
Responses of Frank Paul Geraci, Jr., to questions submitted by Senators Grassley and Klobuchar ...................................................................................... 592
Responses of Malachy Edward Mannion to questions submitted by Senators Grassley and Klobuchar ...................................................................................... 597
Responses of Fernando M. Olguin to questions submitted by Senators Grass- ley and Klobuchar ................................................................................................ 601
SUBMISSION FOR THE RECORD
American Bar Association (ABA), Allan J. Joseph, Chair, Washington, DC: Matthew W. Brann, May 17, 2012, letter ....................................................... 608 Frank P. Geraci, May 15, 2012, letter ............................................................ 609 Malachy E. Mannion, May 17, 2012, letter .................................................... 610
Page V
American Bar Association (ABA), Allan J. Joseph, Chair, Washington, DC— Continued
Fernando M. Olguin, May 15, 2012, letter ..................................................... 611 Baca, Leroy D., Sheriff, County of Los Angeles, Monterey Park, California,
June 20, 2012, letter ............................................................................................ 612 Beck, Charlie, Chief of Police, Los Angeles Police Department, Los Angeles,
California, June 11, 2012, letter ......................................................................... 613 Boxer, Hon. Barbara, a U.S. Senator from the State of California, statement .. 614 Los Angeles Police Protective League, Tyler Izen, President, Los Angeles,
California, June 6, 2012, letter ........................................................................... 625 Olquin, Fernando M., Los Angeles, California, statement ................................... 626
WEDNESDAY, JULY 11, 2012
STATEMENTS OF COMMITTEE MEMBERS
Coons, Hon. Christopher A., a U.S. Senator from the State of Delaware ........... 627 Durbin, Hon. Dick, a U.S. Senator from the State of Illinois, prepared state-
ment ...................................................................................................................... 863 Grassley, Hon. Chuck, a U.S. Senator from the State of Iowa ............................ 628
prepared statement .......................................................................................... 864
PRESENTERS
Boxer, Hon. Barbara, a U.S. Senator from the State of California presenting Jon S. Tigar, Nominee to be U.S. District Judge for the Northern District of California and William H. Orrick III, Nominee to be U.S. District Judge for the Northern District of California ............................................................... 628
Feinstein, Hon. Dianne, a U.S. Senator from the State of California pre- senting Jon S. Tigar, Nominee to be U.S. District Judge for the Northern District of California and William H. Orrick III, Nominee to be U.S. District Judge for the Northern District of California .................................................... 630
STATEMENTS OF THE NOMINEES
Durkin, Thomas M., Nominee to be U.S. District Judge for the Northern District of Illinois ................................................................................................. 633
Questionnaire .................................................................................................... 634 Orrick, William H. III, Nominee to be U.S. District Judge for the Northern
District of California ............................................................................................ 741 Questionnaire .................................................................................................... 742
Tigar, Jon S., Nominee to be U.S. District Judge for the Northern District of California .......................................................................................................... 682
Questionnaire .................................................................................................... 683
QUESTIONS AND ANSWERS
Responses of Thomas M. Durkin to questions submitted by Senators Grassley, Klobuchar, Lee and Sessions ............................................................................... 800
Responses of William H. Orrick III to questions submitted by Senators Grass- ley, Klobuchar, Lee and Sessions ........................................................................ 807
Responses of Jon S. Tigar to questions submitted by Senators Grassley, Klobuchar, and Lee .............................................................................................. 846
SUBMISSION FOR THE RECORD
Ahern, Gregory J., Sheriff-Coroner, Oakland, California, June 15, 2011, letter 855 American Bar Association (ABA), Allan J. Joseph, Chair, Washington, DC:
Thomas M. Durkin, May 21, 2012, letter ....................................................... 856 William H. Orrick, III, June 12, 2012, letter ................................................. 857 Jon S. Tigar, June 17, 2012, letter .................................................................. 858
Boxer, Hon. Barbara, a U.S. Senator from the State of California, statement .. 859 Kirk, Hon. Mark, a U.S. Senator from the State of Illinois, statement .............. 870 Meehan, Michael K., Chief of Police, Berkeley, California, February 23, 2011,
letter ...................................................................................................................... 872
Page VI
ALPHABETICAL LIST OF NOMINEES
Berg, Terrence G., Nominee to be U.S. District Judge for the Eastern District of Michigan ........................................................................................................... 7
Bernal, Jesus G., Nominee to be U.S. District Judge for the Central District of California .......................................................................................................... 91
Brann, Matthew W., Nominee to be U.S. District Judge for the Middle Dis- trict of Pennsylvania ............................................................................................ 486
Breyer, Charles R., Nominee to be a Member of the U.S. Sentencing Commis- sion ........................................................................................................................ 528
Durkin, Thomas M., Nominee to be U.S. District Judge for the Northern District of Illinois ................................................................................................. 633
Geraci, Frank Paul, Jr., Nominee to be U.S. District Judge for the Western District of New York ............................................................................................ 292
Lum, Grande, Nominee to be Director, Community Relations Service, Depart- ment of Justice ..................................................................................................... 177
Mannion, Malachy Edward, Nominee to be U.S. District Judge for the Middle District of Pennsylvania ...................................................................................... 411
Olguin, Fernando M., Nominee to be U.S. District Judge for the Central District of California ............................................................................................ 361
Orrick, William H. III, Nominee to be U.S. District Judge for the Northern District of California ............................................................................................ 741
Schofield, Lorna G., Nominee to be U.S. District Judge for the Southern District of New York ............................................................................................ 118
Tigar, Jon S., Nominee to be U.S. District Judge for the Northern District of California .......................................................................................................... 682
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NOMINATION OF TERRENCE G. BERG, OF MICHIGAN, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MICHIGAN; JESUS G. BERNAL, OF CALI- FORNIA, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF CALIFORNIA; LORNA G. SCHOFIELD, OF NEW YORK, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW YORK; AND GRANDE LUM, OF CALI- FORNIA, TO BE DIRECTOR, COMMUNITY RE- LATIONS SERVICE
WEDNESDAY, JUNE 6, 2012
U.S. SENATE, COMMITTEE ON THE JUDICIARY,
Washington, DC. The Committee met, pursuant to notice, at 2:30 p.m., in room
SD–226, Dirksen Senate Office Building, Hon. Richard Blumenthal, presiding.
Present: Senators Blumenthal, Grassley, and Lee.
OPENING STATEMENT OF HON. RICHARD BLUMENTHAL, A U.S. SENATOR FROM THE STATE OF CONNECTICUT
Senator BLUMENTHAL. I am very pleased to call this hearing to order and to welcome Senators Levin and Boxer to introduce nomi- nees from their States.
I am grateful to the Judiciary Committee and to Chairman Leahy, who could not be here today, for the opportunity to chair this meeting. I regard it as a privilege and an honor to preside at a hearing that has such a consequential role in our justice system. Nothing is more important than the face and voice of justice in the person of district court judges and other nominees whom we have today, and my hope is that it will be truly a bipartisan process for you and for all the nominees to these very, very profoundly signifi- cant positions. My hope is that Republicans and Democrats will work together, vote together, and assess together the merits of each of the nominees as dispassionately and objectively as possible.
I want to welcome each of the nominees today and particularly their families. They probably know what is in store better than you do, than they have told you, but your being here, your families,
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means a tremendous amount to you and to the Committee for this historic hearing.
I would also like to welcome Senate colleagues who are here and others who may be arriving. I know Senator Grassley, the Ranking Minority Member, may well be here shortly.
And with that, I would like to ask first, Senator Boxer, if you would introduce the nominee from California.
PRESENTATION OF JESUS G. BERNAL, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF CALI- FORNIA, AND GRANDE LUM, NOMINEE TO BE DIRECTOR, COMMUNITY RELATIONS SERVICE, BY HON. BARBARA BOXER, A U.S. SENATOR FROM THE STATE OF CALIFORNIA
Senator BOXER. Thank you so much, Mr. Chairman, and it is very nice to see you up there. It suits you very well.
Senator BLUMENTHAL. Thank you. Senator BOXER. I am honored to be here today to welcome and
introduce Jesus Bernal, who has been nominated to the Central District Court of California. Mr. Bernal is very well respected by colleagues in the Riverside legal community and will make an out- standing addition to the Federal bench. He also has the support of my colleague and your colleague on the Committee, Senator Fein- stein, who could not be here today, and I would ask unanimous consent to submit her statement for the record.
Senator BLUMENTHAL. Without objection. Senator BOXER. Thank you. [The prepared statement of Senator Feinstein appears as a sub-
mission for the record.] Senator BOXER. I would also like to welcome Mr. Bernal’s wife,
Patricia, who is here with us today. I would also like to welcome another Californian who is coming
before the Committee, Professor Grande Lum, from the University of California, Hastings, who has been nominated as Director of the Justice Department’s Office of Community Relations. He is cur- rently a clinical professor of law and director of the Center for Ne- gotiations and Dispute Resolution. His wife, Nan Santiago, is here with him.
Back to Mr. Bernal, because this is a story. He was born the eld- est son of two humble factory workers, Gilberto and Martha, who aspired for their sons and daughters to attend college and not to have to work in a factory. Gilberto and Martha would tell young Jesus and his siblings, ‘‘You study. We work.’’
Their aspirations were realized as all five of their children at- tended college, and today Mr. Bernal stands on the edge of writing another chapter in his family’s history as he seeks to become a Federal district court judge.
To his mother, Martha, and his brothers and sisters who are watching today via Webcast, I share in your pride on this momen- tous day.
Mr. Bernal is a graduate of Yale University with honors and Stanford Law School. After law school, he clerked for Judge David Kenyon on the same court to which he has been nominated, the Central District of California. Mr. Bernal began his practice and career as an associate with the Heller Ehrman law firm, where he
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worked on complex commercial litigation cases. In 1996, he joined the Los Angeles office of the Federal Public Defender for the Cen- tral District of California, where he began handling Federal crimi- nal cases representing indigent defendants.
In 2006, he became the directing attorney for the Riverside branch office, where he supervises a team of attorneys, investiga- tors, paralegals, and administrative staff.
In addition to his work in court, Mr. Bernal has served on the Board of Directors for the Federal Bar Association Inland Empire chapter since 2006. The Federal Bar Association is a group that works toward improving the education skills for lawyers practicing in Federal courts. He has also dedicated his time to working with at-risk Latino youth.
It is important that we confirm Mr. Bernal to the bench in River- side as soon as possible. Riverside County has 23 percent of the Central District’s population; however, out of the 25 active judges in the Central District, there is only one judge currently sitting in Riverside. We need to send the people of Riverside another judge, and quickly. And what a fine nominee we have here.
I close by congratulating Mr. Bernal and his family on this very important day. He is an excellent candidate who brings diverse ex- perience in the Federal courts, having handled criminal and civil cases there. And I urge my colleagues in the Senate to move swiftly to confirm these nominees to the Federal bench.
I thank you so very much, and it is nice to see Senator Grassley arriving. Thank you very much.
Senator BLUMENTHAL. Thank you, Senator Boxer. We have been joined by Senator Grassley, the Ranking Member
of the Judiciary Committee. I am going to ask him to make some opening remarks, but first if I may turn to Senator Levin, and knowing how busy both of you are, both Senators Boxer and Levin, you should feel free at any point—and people should understand that you have full schedules, and the Committee certainly will un- derstand if you decide to leave before the end of these proceedings.
Senator Levin, if you would make some introductory remarks, please.
PRESENTATION OF TERRENCE G. BERG, NOMINEE TO BE U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MICHI- GAN, BY HON. CARL LEVIN, A U.S. SENATOR FROM THE STATE OF MICHIGAN
Senator LEVIN. Well, first let me thank you, Senator Blumenthal and Senator Grassley. Thank you both and the entire Committee for calling the hearing and for the consideration of these nominees.
Today I am delighted to be introducing Terry Berg, whom the President has nominated to the Federal bench for the Eastern Dis- trict Court in Michigan. He is here today with his wife, Anita; his daughters, Helen Marie and Colette; his son, Teddy; and his sister, Mary Helen. He has had quite a week, this family, not just him but his whole family, because apparently each of the children is a grad- uate this week. Now, if they were a little older, that would be a great relief in terms of no additional costs of college, but only one of them has graduated college. The other two are high school and middle school. Helen Marie has graduated, I believe, Catholic Uni-
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versity in May; Colette has graduated Mercy High School; and Teddy has, I believe, graduated middle school. So it has been an exciting week, and I know this will add a little bit of excitement to it.
Mr. Berg has a truly impressive legal career. He is a truly su- perb candidate for the Eastern District Court, and I say that with some real feeling because my uncle was a chief judge of this court, and so I have a very keen sense of the qualities that are required of not just judges but judges that in this particular district—all dis- tricts have judges that are required to do justice, but each district also has some differences in terms of the background and culture of the people who live there, and he is very sensitive to that, and he will make a terrific judge.
He graduated from Georgetown University Law Center, went to work then for a district judge. Since 2003, he has been an Assistant United States Attorney in the Eastern District of Michigan. He has worked on various issues, including cyber crime, which I know is of particular interest to this panel. He has supervised criminal, civil, and administrative divisions. He has handled a full fraud case docket, including the theft of trade secrets, mortgage fraud, health care fraud, corporate fraud, and other white-collar crime cases. And during this time, he received the Assistant Attorney General’s Award for Distinguished Service and the Director’s Award for Su- perior Performance in a Managerial or Supervisory Role.
Prior to that service, Mr. Berg worked for the Attorney General of Michigan where he established and supervised the State’s first computer crime prosecution unit. He has also served here in Wash- ington with the Department of Justice as a computer crime fellow. He has also taught at the University of Detroit-Mercy School of Law and the Wayne…