Tag Archives: Orrin Hatch

SUPREMELY UNQUALIFIED – Judge Brett Kavanaugh

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Former Labor Committee Chair, Senator Orrin Hatch (and the author)

Former Labor Committee Chair, Senator Orrin Hatch (and the author)

A long time ago, in the 80s, Senator Orrin Hatch (R-Utah) asked, given my background as a federal prosecutor, if I would investigate whether the FBI withheld information from the U.S. Senate Labor Committee during the confirmation hearings of Labor Secretary Nominee, Raymond Donovan, then President of the Schiavone Construction Company in New Jersey, and nominated by President Ronald Reagan.

As Senator Hatch’s Special Counsel, we uncovered the fact that the FBI had consciously and purposefully withheld information they had on a federal wiretap that Mr. Donovan was “mobbed up.”

The FBI, perhaps at the behest of the White House, denied the Senators this critical information by which they could decide to consent (or deny) Mr. Donovan’s confirmation.

You’d think that, from the 80s to now, we’d have learned how important it is to run a thorough background investigation.

The current confirmation hearings of DC Circuit Judge Brett Kavanaugh ran aground because the Trump Administration authorized a narrow FBI background investigation, and the U.S. Senate, courtesy of Judiciary Committee Chair , set a too short timetable for the inquiry to be deliberate or effective. Continue reading →

Civil public dialogue

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Senator Orrin Hatch and your correspondent

Senator Orrin Hatch and your correspondent

I studied law because I wanted to be involved in politics.  Thomas Jefferson told a cousin who sought his advice that, if he wanted to go into politics, he should study the law.  I figured Jefferson knew what he was talking about.

My party preference was set when I heard Senator Jack Kennedy, running for President, speak at Fordham University when I was a High School freshman at the Prep.

Senator Ted Kennedy and, well, yours truly

Senator Ted Kennedy and, well, yours truly

I didn’t give a thought to whether preferring one political party or another could bar one from public service.

After Columbia Law School, I was appointed a law clerk in the 2nd Circuit by an Eisenhower appointee, a NY federal prosecutor by a Nixon appointee, special counsel to the U.S. Senate Judiciary Committee by Senator Strom Thurmond, and special counsel to the U.S. Senate Labor Committee by Orrin Hatch; all of these appointments were by Republicans.

In those days, you could find a worthy challenge in public service without regard to party affiliation.

In 1980, I was a Director of Citizens for Kennedy in New York, when Ted challenged Jimmy Carter to be the party’s nominee for President.  But it was not to be.

When I was appointed by Senator Hatch as his Special Counsel after Ted’s campaign, I arrived early to an empty Senate Labor Committee Hearing Room, except for Senator Kennedy who was the ranking member on the Committee.

Ted asked, “What brings you here?”

“I’m Special Counsel to the Senate Labor Committee,” I answered.

Ted laughed, “No, you’re not. I didn’t appoint you.”

“No,” I said, “You didn’t but Orrin did.”

Ted came closer, speaking softly, in a mock conspiratorial way, and asked, “Does he know about us?”

I said, “Yes, he does.” Continue reading →