Lankford Expresses Justice Department Concern

Congressman James Lankford and Attorney General Eric Holder in conversation.

Congressman James Lankford expressed deep concern for the current state of leadership and management at the Department of Justice (DOJ) after questioning Attorney General Eric Holder at an Oversight and Government Reform Committee hearing today.

“Operation Fast and Furious is a tragic case that has already cost the life of one American agent. While we cannot reverse this tragedy, we can put standards in place that prevent similar disasters from happening in the future,” said Lankford. “Serious reforms are needed at the Bureau of Alcohol Tobacco and Firearms (ATF) to stop ill-advised operations and build a more efficient and accountable investigations process. The Oversight and Government Reform Committee will continue to press the Department of Justice and ATF to adopt better practices so that no more Americans lose their lives due to faulty organizational structure or communication.”

Lankford also raised serious concerns about the recent DOJ approval of the President’s appointments to the Consumer Financial Protection Bureau (CFPB) and the National Labor Relations Board (NLRB) without Senate advice and consent, which violates the Constitution. He requested documents from the Attorney General on how the decision was reached to endorse the latest round of controversial recess appointments.

“Mr. Holder applied the ‘separation of powers’ clause this morning to defend the Department of Justice’s refusal to fully disclose information to Congress regarding the ongoing ‘Fast and Furious’ investigation,” said Congressman Lankford. “However, less than one month ago, the same Attorney General ignored the separation between executive and legislative authority when he disregarded Article 2, Section 2 of the United States Constitution and recommended political appointments to the Consumer Financial Protection Bureau and National Labor Relations Board.’

“In 2010, the Department of Justice testified before the Supreme Court that NLRB members could not be appointed without Senate approval, and then changed its position in 2012. By denying Congress its constitutional power and responsibility to provide advice and consent on appointments, the checks and balances between the executive and legislative branches have become null and void,” continued Lankford. “These latest actions are a dangerous consolidation of executive power and unacceptable in an attempt to score political points.”

Specifically, Lankford requested Attorney General Holder provide documentation to the committee, explaining their approval of these appointments in light of DOJ’s statements in 2010 that a less-than-three-day recess would not suffice. On March 23, 2010, Deputy Solicitor General Neal Katyal had the following exchange with Chief Justice John Roberts before the Supreme Court:*

Chief Justice Roberts: And the recess appointment power doesn’t work why?

Mr. Katyal: The — the recess appointment power can work in — in a recess. I think our office has opined the recess has to be longer than 3 days.

“When the president and his cabinet officials took office, they swore to uphold and protect the United States Constitution. This administration has since thrown that oath by the wayside by picking and choosing which parts of the Constitution currently fit its political agenda,” concluded Congressman Lankford. “Its short-term actions have serious long-term implications and are unacceptable and intolerable as the means to its political end.”


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