ATTORNEY GENERAL HOLDER TESTIFIES BEFORE SENATE JUDICIARY COMMITTEE

FROM:  JUSTICE DEPARTMENT 
Attorney General Eric Holder Testifies Before the U.S. Senate Committee on the Judiciary
~ Wednesday, January 29, 2014

Chairman Leahy, Ranking Member Grassley, and Members of the Committee: thank you for the opportunity to appear before you today to discuss the recent achievements and the ongoing priorities of the U.S. Department of Justice.

I would like to thank Members of Congress for coming together earlier this month to pass a bipartisan budget agreement that restores the Department’s funding to pre-sequestration levels.  We are reviewing this legislation to determine its impact on specific programs and components, but we anticipate that it will provide for the hiring of additional federal agents, prosecutors, and other essential staff.  This will allow us to invest in innovative programs, to keep supporting state and local law enforcement agencies, and to continue building upon the outstanding work that my colleagues have made possible over the past year.

As I have often said, the Department’s top priority must always be the protection of the American people from terrorism and other national security threats.  Since I last appeared before this Committee, we have continued to strengthen key intelligence-gathering capabilities; to refine our ability to identify and disrupt potential terrorist plots; and to ensure that those charged with terrorism-related offenses can be held accountable to the fullest extent of the law.  As President Obama noted in a speech at the Justice Department roughly two weeks ago, in carrying out this work it is imperative that we continue striving to protect our national security while upholding the civil liberties we all hold dear.  On Monday, we took a significant step forward in this regard when the Department acted to allow more detailed disclosures about the number of national security orders and requests that are issued to communications providers; the number of customer accounts targeted under those orders and requests; and the underlying legal authorities.

Through these new reporting methods, communications providers will be permitted to disclose more information than ever before to their customers.  Allowing disclosure of this aggregate data will resolve an important area of concern to communications providers and the public.  And in the weeks ahead, as we move forward with the timely implementation of this and other reforms directed by the President, my colleagues and I will work closely with members of this Committee and other Congressional leaders to determine the best path forward.

We also will continue enforcing essential privacy protections and other safeguards concerning data possessed by government as well as the private sector.  The Department of Justice takes seriously reports of any data breach, particularly those involving personally identifiable or financial information, and looks into allegations that are brought to its attention.  While we generally do not discuss specific matters under investigation, I can confirm the Department is investigating the breach involving the U.S. retailer, Target.  And we are committed to working to find not only the perpetrators of these sorts of data breaches – but also any individuals and groups who exploit that data via credit card fraud.

Beyond this important work, the Department will continue to build on the progress we have seen in confronting a wide variety of other threats and challenges – from combating drug and human trafficking, to addressing cyber-attacks, protecting Americans from violent crime, and taking common-sense steps to reduce gun violence.  Earlier this month, the Department strengthened the federal background check system by clarifying federal rules concerning mental health-based prohibitions on firearm purchases.  Under the leadership of our Civil Division, we are working diligently with our federal agency partners to implement the Supreme Court’s ruling, in United States v. Windsor, to make real the promise of equal protection under the law for all American families – and to extend applicable federal benefits to married same-sex couples.  And we are vigorously enforcing federal voting protections – and working with Congressional leaders from both parties to refine and strengthen the proposals that Congress is currently considering – to help ensure that every eligible American has access to the franchise.

In addition, last year – as part of our ongoing efforts to hold accountable those whose conduct sowed the seeds of the mortgage crisis – the Department filed suits against Bank of America and the ratings firm S&P.  In November, the Department reached a $13 billion settlement with JP Morgan Chase & Co. – the largest settlement with any single entity in American history – to resolve federal and state civil claims related to the company’s mortgage securitization process.  These results demonstrate that no firm, no matter how profitable, is above the law.  And they reinforce our commitment to integrity and equal justice in every case, in every circumstance, and in every community.

This commitment is also reflected in the new “Smart on Crime” initiative I announced this past August – to strengthen our federal criminal justice system; to increase our emphasis on proven diversion, rehabilitation, and reentry programs; and to reduce unnecessary collateral consequences for those seeking to rejoin their communities.  As part of the “Smart on Crime” approach, I mandated a significant change to the Justice Department’s charging policies to ensure that people accused of certain low-level federal drug crimes will face sentences appropriate to their individual conduct – and that stringent mandatory minimum sentences will be reserved for the most serious criminals.  Alongside other important reforms, this change will make our criminal justice system not only fairer, but also more efficient.  And it will complement proposals like the bipartisan Smarter Sentencing Act – introduced by Senators Dick Durbin and Mike Lee – which would give judges more discretion in determining appropriate sentences for people convicted of certain federal drug crimes.

I look forward to working with Chairman Leahy, distinguished members of this Committee, and other leaders who have shown a commitment to common-sense sentencing reform – like Senator Rand Paul – to help advance this and other legislation.  I thank you all, once again, for your continued support of the Department of Justice.  And I would be happy to answer any questions you may have.

ATTORNEY GENERAL ERIC HOLDER'S STATEMENT TO SENATE JUDICIARY COMMITTEE

FROM:  U.S. JUSTICE DEPARTMENT
Attorney General Eric Holder Testifies Before the U.S. Senate Committee on the Judiciary Washington, D.C. ~ Tuesday, June 12, 2012
Chairman Leahy, Ranking Member Grassley, and distinguished Members of the Committee.   I appreciate the chance to appear before you today to highlight some of the accomplishments that have distinguished the Department’s work under this Administration.

I am proud of all that’s been achieved by the 116,000 men and women who serve the Department in offices around the world.   Their dedicated efforts – and those of our government and law enforcement partners at every level – have allowed me to fulfill the commitments that I made during my first appearance before this Committee as Attorney General.   I pledged that my colleagues and I would work tirelessly to protect the American people from terrorism and other threats to our national security; to ensure that every decision would be guided exclusively by the facts and the law; to move aggressively in combating violent crime and financial fraud; to seek justice for victims, protect the environment, and safeguard the most vulnerable among us; and to uphold the essential civil rights of all citizens.

I am proud to report that the Department has made extraordinary – and, in many cases, historic – progress in each of these areas.

Nowhere is this more clear than in our national security efforts.   Over the last three years, the Department has secured convictions against scores of dangerous terrorists in our Article III courts.   We’ve uncovered – and prevented – multiple plots hatched by terrorist groups abroad, as well as extremists here at home.   And we’ve strengthened essential surveillance and intelligence-gathering capabilities in a manner that is not only consistent with the rule of law – but with our most sacred values.

Last month, we secured our seventh conviction in an al-Qaeda-sponsored plot to conduct coordinated suicide bomb attacks in the New York subway system.   Less than three weeks ago, we obtained a guilty verdict in the case of a former U.S. service member who planned a bomb attack against American soldiers at a restaurant in Killeen, Texas.   And on the same day, a federal judge sentenced another Texas man to 20 years in prison for attempting to join al-Qaeda in the Arabian Peninsula.

I also would like to briefly discuss the steps the Department has taken in response to recent allegations regarding possible unauthorized disclosures of classified information.   These allegations are of great concern to me personally, and I know they concern all of you.

On Friday, I assigned two experienced United States Attorneys to lead separate criminal investigations being conducted by the FBI of potential unauthorized disclosures. These U.S. Attorneys are fully authorized to consult with members of the Intelligence Community, to follow all appropriate leads wherever they lead, and – ultimately – to prosecute any criminal violations to the fullest extent of the law.

Let me be clear: unauthorized disclosures of classified information could jeopardize the security of our nation, and risk the safety of the American people.   They will not be tolerated.   The Department will continue to take any such disclosures extremely seriously.   And as our investigations unfold, I will provide information to members of the Judiciary and Intelligence Committees, as appropriate.

In addition to our significant national security achievements, the Department has taken decisive action to combat a wide range of financial and health-care fraud crimes.   And I am happy to report that – across the country – this work is paying dividends.

Last year alone, the Department’s Consumer Protection Branch – in cooperation with our U.S. Attorneys’ Offices –secured more than $900 million in criminal and civil fines, restitution, and penalties; and obtained sentences totaling more than 130 years of confinement against more than 30 individuals.   Working closely with the Department of Housing and Urban Development and a bipartisan group of 49 state attorneys general, we achieved the largest federal-state settlement in history – totaling $25 billion – with five of the nation’s top mortgage servicers.  Through the President’s Financial Fraud Enforcement Task Force we’ve obtained prison sentences of up to 60 years in a wide range of fraud cases.   And we’ve created two new Working Groups to enhance civil and criminal enforcement of consumer fraud, and to bring federal and state authorities together in investigating and prosecuting misconduct by financial institutions that contributed to the financial crisis.

Alongside key partners like the Department of Health and Human Services, we’ve also made tremendous gains in our efforts to fight health-care fraud.   Over the last fiscal year alone – utilizing authorities provided under the False Claims Act and other statutes – we recovered nearly $4.1 billion in cases involving fraud on federal health-care programs.   That’s the highest amount ever recovered in a single year.   And for every dollar we’ve spent combating health-care fraud, we’ve returned an average of seven dollars to the U.S. Treasury, the Medicare Trust Funds, and others.

Put simply, our resolve to protect American consumers has never been stronger.   The same can be said of our efforts to safeguard our citizens and law enforcement officers from violent crime.

Through innovative programs such as our Defending Childhood Initiative and National Forum on Youth Violence Prevention, we’ve developed comprehensive approaches for addressing the causes and consequences of violence among, and directed toward, our nation’s young people.  We’ve strengthened partnerships between federal, state, local, tribal, and international law enforcement officials – and, as a result, we are working more effectively than ever before to confront gun-, gang-, and drug-fueled violence.   In cooperation with our counterparts in Mexico and other countries, we’ve orchestrated coordinated strikes against violent drug cartels, arrested thousands of cartel members, and seized billions of dollars in assets.   And we’re implementing strategic plans to address the shocking rates of violence that plague American Indian and Alaska Native women.

We’re also using every tool at our disposal to protect America’s law enforcement community.  Violence against law enforcement officers is approaching the highest level we’ve seen in nearly two decades.   As the brother of a retired police officer, I am proud that the Department has taken robust action to address this crisis.   Throughout my tenure as Attorney General, I have met frequently with law enforcement leaders to ensure that the Department understands their concerns.   This has led to the development, implementation, and enhancement of a host of important programs – from the VALOR Initiative, which is providing our law enforcement partners with the latest in training and cutting-edge technologies – to the Bulletproof Vest Partnership Program, which Chairman Leahy has long championed and which has helped more than 13,000 jurisdictions purchase lifesaving bullet- and stab-resistant equipment.

We also have worked   closely with Members of Congress to advance important legislation – from the historic hate crimes prevention bill to the reduction of the unjust crack/powder cocaine sentencing disparity – a landmark achievement this Committee helped to make possible – to our ongoing efforts to ensure the reauthorization of the Violence Against Women Act, and our strong support for the renewal of essential authorities such as those included in the Foreign Intelligence Surveillance Act Amendments of 2008.

The Department also has taken steps to uphold essential civil rights protections.   O ver the past three years, our Civil Rights Division filed more criminal civil rights cases than ever before – including record numbers of human trafficking cases.   And we’ve taken action to make certain that – in our housing and lending markets; in our workplaces and military bases; in our immigrant communities and our voting booths; in our schools and places of worship – the rights of all Americans are protected.

In advancing this vital work, my colleagues and I are grateful for your continued support.   We are eager to move forward together to achieve our shared priorities.   And I am happy to answer any questions you may have.