 | Senate Judiciary Committee w/Alberto Gonzales-7/24/07 Pt16 Part 16 of 32 Senate Judiciary Committee with Alberto Gonzales. First half of Senator Jeff Sessions's questions to Alberto Gonzales. 7/24/07 KEEP IN MIND: Gonzales was given each and every question he would be asked beforehand. Nothing was a surprise - there was absolutely NO "GOTCHA!" Transcript of this portion of the hearing: SESSIONS: Thank you, Mr. Chairman. Mr. Attorney General, on the question Senator Feinstein asked you about the voting rights changes, some of those are probably changes that need to be done, but they're very -- they're, I would say, controversial, within the group of people that practice in that area of the law. I'm curious as to your statement saying that you were not aware of that. As to those policies, who signs off on that and who approved a policy that significantly, at least in certain specific areas, alters the policies of the Department of Justice if you don't? GONZALES: It would be the deputy attorney general, who is the chief operating officer of the department. And so in some -- certain cases, it would be certain policies that would be adopted by the deputy attorney generals. In other cases, depending on what we're talking about, it would be something that I would approve of. SESSIONS: Is that a delegated in -- the policy for the voting rights section of the Department of Justice, something you've delegated to the deputy attorney general? GONZALES: I can't answer that question, Senator, but I would be happy to give you that answer. SESSIONS: Well, I think it's something the attorney general should do. SESSIONS: I think that's a significant policy. There were several responsibilities I think you have. And to set major policy decisions ultimately should be your responsibility. GONZALES: And I believe that that would be my responsibility, but I just want to confirm that with you. SESSIONS: Mr. Attorney General, with regard to some of the immigration questions that we're facing, there's so many matters that are within the jurisdiction of the Department of Justice. The effectiveness of our immigration enforcement policies depend on good policies within the Department of Justice. And I was recently reminded of a serious problem we have with regard to aliens who have been convicted of crimes in the United States. Mr. Harley Lappin, director of the Federal Bureau of Prisons, recently told us and this committee within the last year, I believe, that 27 percent of the federal prison population is foreign-born. We have laws that I think authorize the removal from our country of persons who are convicted of crimes immediately upon the completion of their sentence, as I recall the statutes. I would note the article by Michelle Malkin (ph) quoting some of the examples we've had here, where Mr. Adhahn was convicted of -- relating to his involvement in the kidnapping and murder of 12-year- old Zina Linnik in Tacoma, Washington, on July 4th. SESSIONS: He had been convicted, apparently, of incest in 1990 and had sexually assaulted his 16-year-old relative, got that pleaded down to second-degree rape. Two years later, he was convicted of intimidation with a dangerous weapon, and the law calls for -- says that anyone convicted of a weapons offense is deportable. But he wasn't deported, and that's how, apparently, this murder occurred. Another instance was Mwenda Murithi, arrested 27 times without deportation before being arrested in the shooting death of a 13-year- old innocent bystander, Schanna Gayden, last month in Illinois. So I guess I'm asking you about this whole policy, whether or not you have taken a lead to see that it's carried out. Do you believe it should be systematically and regularly carried out? And if there are any statutory weaknesses, do you have any suggestions about how they should be improved? GONZALES: I think it should be carried out. I am aware that probably the level of cooperation that exists between the department and DHS on this issue is not as good as it should be, Senator. What I would like to do is have the opportunity -- maybe have a conversation with Secretary Chertoff -- to see whether or not we can do something to improve the situation. Legislation may not be necessary, but, obviously, it may turn out to be the case that we may need to have some help from Congress. SESSIONS: As I understand, the Department of Homeland Security I.G. estimated last year that half of the 650,000 foreign-born inmates in prisons and jails won't be removed because they say that, quote, "Does not have the resources to identify, detain and remove them." Is that true? GONZALES: I've heard that as a possible complaint or challenge. That very well may be the case. Again, what I'd like to do is have the opportunity to sit down with Secretary Chertoff. I have not spoken with the secretary about this particular issue. I would be happy to do so. And if there is something that would be helpful from the Congress, I'd like to have the opportunity to talk to you about. SESSIONS: Well, I hope that you would, because I think that's a major issue here. People are concerned when we pass laws in Congress and then our law enforcement officials don't enforce them and don't execute them and leaving criminals in the United States in large numbers. Now, I understand there are a number of prisons that do not participate in the institutional removal program. Do you think it would be beneficial to expand this program to all federal prisons? GONZALES: I can see very good arguments why that would make sense. And I plan on speaking with Harley Lappin, the director, and see what the status is and the challenges that exist with respect to implementing in all the prisons. |
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