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Senate Judiciary Committee w/Alberto Gonzales-7/24/07 Pt17

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Uploaded by on Jul 25, 2007

Part 17 of 32 Senate Judiciary Committee with Alberto Gonzales. Second half of Senator Jeff Session's questions to Alberto Gonzales; Senator Leahy, too. 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: I understand there's a pilot program ongoing, I believe maybe in El Paso, in which persons who enter the country illegally, in violation of our laws, are being prosecuted before they're deported. And as a result there's been a significant reduction in the number of people attempting to enter that area of the border.

Is that true? And what are your plans to consider expanding that?

GONZALES: It is true.

It requires the cooperation of the judge, quite frankly. And so I've had -- we've had discussions with judges along the border to see whether or not they would be agreeable to such a process.

And so we'd like to expand it. There are challenges. And, again, it does require the cooperation of the judge.

SESSIONS: Well, I would hope that the judges would cooperate.

I mean, they don't get to decide who gets charged. They don't get to make the deciding function. Their responsibility is to enforce -- to give a fair trial to whoever is brought before them by the prosecutor. Isn't that right?

GONZALES: Yes, but they will insist on certain processes, that it follow certain timetables. And so unless a judge is willing to agree to an expedited process in the manner that we're seeing with respect to this particular judge, it can present some challenges for us.

SESSIONS: Well, I understand it's worked well. I think it's something that ought to be replicated. And I would expect that federal judges, if they understand the national interest in seeing that laws get enforced, would cooperate.

I hope that you will pursue that. Will you pursue that?

GONZALES: We'll certainly do that, yes.

SESSIONS: I wrote you a letter in April. My time is out, I'll just briefly...

LEAHY: Go ahead and finish your question, Senator.

SESSIONS: ... in April, asking for a response regarding prosecution of criminal immigration cases.

Two questions that -- you gave me a response to one of my questions -- but two questions that were unanswered are these: I asked what the official policy of each district office was in determining whether to prosecute immigration-related violations; and, two, the declination rate for immigration cases referred to each southwest border district by the Department of Homeland Security, with an explanation as to some of the reasons given for that decision.

We've not yet received response from that. Will you give me a response to that?

GONZALES: If I can.

The second one may require information from the Department of Homeland Security. But, I mean, if we can provide the information, we'll certainly try to do so.

SESSIONS: Thank you, Mr. Chairman.

LEAHY: Thank you.

On my list, the next senator to question would be Senator Schumer.

SESSIONS: Can I ask one quick question? I hate...

LEAHY: Go ahead, Senator Sessions. Feel free.

SESSIONS: Thank you, Mr. Chairman. You're most gracious.

Senators Salazar, Cornyn, Pryor and I, former attorney generals, have introduced legislation again to reduce some of the crack penalties and alter the balance between crack and powder cocaine. Has the Department of Justice taken a position on that as of this year?

SESSIONS: And will you?

GONZALES: Well, we think -- be happy to have continued dialogue with you.

Personally, as I sit here today, I'd say that where we're at today is certainly reasonable. We think crack is more dangerous. It's related to, I think, addiction more quickly. It's more related to more dangerous crimes. The effects of it, I think, are more dangerous. So from a law enforcement perspective, it makes sense to have the kind of sentences that exist today.

But what we're -- obviously, have a great deal of respect for all...

SESSIONS: I think it's time to review that.

(CROSSTALK)

GONZALES: And we'd be happy to review it.

LEAHY: I might note that I think it's...

SESSIONS: Past time.

LEAHY: ... long past time to review it. There's more and more a growing feeling that crack cocaine carries the highest penalties. It's also the people you're apt to see in the poorer neighborhoods.

Powder cocaine, which is in some of the board rooms and some of the yachts and some of the Hollywood parties of others who have a lot more money to hire lawyers and everything else, that gets a lower penalty.

But be that as it may, that will be time. We will have hearings on that. I've told the senator from Alabama we will look into this issue. I think it's long past looking into. I know the Sentencing Commission has worked hard on it, and we will want an answer for the Department of Justice on its position.

I started to say the order on our side will be Senator Schumer, Senator Durbin, Senator Feingold, Senator Kennedy and Senator Biden. And, of course, we'll interpose Republican senators if they come, but so far, we've heard from all of the Republican senators who have showed up today. Senator Schumer?

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  • These two are both unfree, fettered, staged then talking heads. When fear is the basis of human relations in the USSA truth is not available. Human authenticity is rendered silent. Your own officials are sterile in the duties of their office. Ordinary people will need extraordinary courage in these times. Do you homework people, no one but each one of YOU can restore balance in your lives. No one. Will you find it in your hearts to Unify with your neighbours? Your imagined 'enemies'. Will YOU?

  • It Looked like Jeff Sessions did get off of the kool-aid for a day .

  • Why aren't right-wingers taking note of one of their own, Jeff Sessions, and his questions to Gonzales and the non-answer responses? I don't think they're watching these oversight hearings. How could they be, and still not support removing Gonzales and Bush from office? These are "their" issues, or so they say.

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