Prepared Senate
Floor Statement by Senator Chuck Grassley of Iowa
Chairman,
Senate Judiciary Committee
On the Nomination
of Steven Engel to be Assistant Attorney General for the Office of Legal
Counsel
November 7,
2017
Today,
the Senate will vote to confirm Steven Engel to serve as the Assistant Attorney
General for the Office of Legal Counsel. The Office of Legal Counsel – or the
OLC – functions as legal advisor to the President and Executive Branch
agencies, providing advice on complex questions of constitutional and statutory
interpretation. The OLC essentially serves as the general counsel to the
Executive Branch. Mr. Engel is well equipped to lead that office.
Mr.
Engel received his undergraduate degree from Harvard, his Masters in Philosophy
from Cambridge University, and his law degree from Yale Law School.
Following
his graduation, Mr. Engel clerked for Judge Kozinski on the Ninth Circuit Court
of Appeals and Justice Kennedy on the Supreme Court.
Mr.
Engel joined the law firm of Kirkland and Ellis after clerking for Justice
Kennedy. Mr. Engel’s practice focused upon appellate and commercial litigation
matters.
In
2006, Mr. Engel joined the OLC as Counsel to the Assistant Attorney General and
was later promoted to Deputy Assistant Attorney General. There he provided
legal advice to the Attorney General, the White House Counsel, and other
Executive Branch clients on a variety of legal matters.
In
2009, Mr. Engel joined the law firm of Dechert as a partner in the white collar
and securities litigation group, and later as a member of the complex
commercial litigation group.
Mr.
Engel’s nomination has broad support across the legal community. The Senate
Judiciary Committee received a number of letters in support of his nomination.
One such letter is signed by former Attorneys General Mukasey and Gonzales, as
well as former Deputy Attorneys General Filip, Morford, and McNulty. Other
letters of support were received from his co-clerks on the Supreme Court, a
group of Mr. Engel’s former colleagues and Yale Law school classmates, and
Harvard Law Professor Jack Goldsmith.
Mr.
Engel also received an endorsement from the Patrolmen’s Benevolent Association
of the City of New York, which is the largest police union in New York
City.
Another
letter from former senior government officials and legal officers of the Executive
Branch, including Kenneth Wainstein and Michael Hayden, noted their
“enthusiastic support” for Mr. Engel’s nomination. They wrote: “We are
confident that as head of OLC, Steve will render legal opinions with the
highest level of professional integrity and according to his best understanding
of what the law and Constitution require.”
Mr.
Engel and I met this summer and discussed the importance of Congressional
oversight, and the essential role played by Members of this body, and the House
of Representatives. He assured me that he agrees each Member, whether or not a
Chairman of a committee, is a Constitutional officer entitled to the respect
and best efforts of the Executive Branch to respond to his or her requests for
information. And further, he committed to review the May 1, 2017, OLC opinion
on this issue and consider whether a more complete analysis of the issue is
necessary.
The
head of OLC is a highly important role at the Department of Justice. And it’s a
role of which its importance is felt throughout the federal government. Mr.
Engel is well qualified to take on such a role. I urge my colleagues to support
Mr. Engel’s nomination and confirm him to this important position.
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