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S. HRG. 108–172

CONFIRMATION HEARING ON NOMINATIONS OF

ROBERT D. MCCALLUM, JR. TO BE ASSOCIATE

ATTORNEY GENERAL AND PETER D. KEISLER

TO BE ASSISTANT ATTORNEY GENERAL, CIVIL

DIVISION

HEARING

BEFORE THE

COMMITTEE ON THE JUDICIARY 

UNITED STATES SENATE

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

MAY 8, 2003

Serial No. J–108–10

Printed for the use of the Committee on the Judiciary

(

(II)

COMMITTEE ON THE JUDICIARY 

ORRIN G. HATCH, Utah, Chairman 

CHARLES E. GRASSLEY, Iowa 

ARLEN SPECTER, Pennsylvania 

JON KYL, Arizona 

MIKE DEWINE, Ohio 

JEFF SESSIONS, Alabama 

LINDSEY O. GRAHAM, South Carolina 

LARRY E. CRAIG, Idaho 

SAXBY CHAMBLISS, Georgia 

JOHN CORNYN, Texas 

PATRICK J. LEAHY, Vermont 

EDWARD M. KENNEDY, Massachusetts 

JOSEPH R. BIDEN, JR., Delaware 

HERBERT KOHL, Wisconsin 

DIANNE FEINSTEIN, California 

RUSSELL D. FEINGOLD, Wisconsin 

CHARLES E. SCHUMER, New York 

RICHARD J. DURBIN, Illinois 

JOHN EDWARDS, North Carolina 

BRUCE ARTIM, Chief Counsel and Staff Director 

BRUCE A. COHEN, Democratic Chief Counsel and Staff Director 

(III)

C O N T E N T S 

STATEMENT OF COMMITTEE MEMBER 

Page

Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah ............................ 1

prepared statement .......................................................................................... 106

PRESENTER 

Chambliss, Hon. Saxby, a U.S. Senator from the State of Georgia presenting 

Robert D. McCallum, Jr., Nominee to be Associate Attorney General ............ 2

NOMINEES 

Keisler, Peter D., of Maryland, Nominee to be Assistant Attorney General, 

Civil Division, Department of Justice ................................................................ 39

Questionnaire .................................................................................................... 41

McCallum, Robert D., Jr., of Georgia, Nominee to be Associate Attorney 

General, Department of Justice .......................................................................... 4

Questionnaire .................................................................................................... 7

QUESTIONS AND ANSWERS 

Responses of Peter D. Keisler to questions submitted by Senators Leahy 

and Durbin ............................................................................................................ 96

Responses of Robert D. McCallum, Jr. to questions submitted by Senators 

Leahy, Durbin, Grassley and Kohl ..................................................................... 70

(1)

NOMINATIONS OF ROBERT D. MCCALLUM, JR. 

TO BE ASSOCIATE ATTORNEY GENERAL 

AND PETER D. KEISLER TO BE ASSISTANT 

ATTORNEY GENERAL, CIVIL DIVISION 

THURSDAY, MAY 8, 2003

UNITED STATES SENATE, 

COMMITTEE ON THE JUDICIARY, 

Washington, D.C. 

The Committee met, pursuant to notice, at 3:34 p.m., in Room 

SD–226, Dirksen Senate Office Building, Hon. Orrin G. Hatch, 

Chairman of the Committee, presiding. 

Present: Senators Hatch and Chambliss. 

OPENING STATEMENT OF HON. ORRIN G. HATCH, A U.S. 

SENATOR FROM THE STATE OF UTAH 

Chairman HATCH. Today, it is my great pleasure to have two Department of Justice nominees before the Committee: Robert 

McCallum to be Associate Attorney General and Peter Keisler to be 

Assistant Attorney General for the Civil Division. Both Mr. 

McCallum and Mr. Keisler are currently serving the Justice Department with great distinction, and, coincidentally, each of them 

holds or has held the position for which the other has been nominated. 

Let me first say a few words about Robert McCallum. Mr. 

McCallum is returning to the Committee for his second hearing in 

2 years, and we welcome you back. On May 23, 2001, Mr. 

McCallum appeared before the Committee for a hearing for his current position as head of the Justice Department’s Civil Division. He 

was reported favorably by the Committee by voice vote and also 

confirmed on the Senate floor by voice vote. I have no doubt that 

after today’s hearing, Mr. McCallum will again be approved by this 

Committee and by the full Senate for his position at the Department. 

The position of Associate Attorney General, as everybody knows, 

is an extremely important one. The Associate Attorney General advises both the Attorney General and the Deputy Attorney General 

and supervises many important components of the Department, including the Antitrust, Civil, Civil Rights, Tax, and Environmental 

and Natural Resources Divisions. 

Mr. McCallum is well qualified for his position. After graduating 

from Yale Law School, he spent nearly 30 years litigating a wide 

range of complex matters and maintained a sophisticated civil trial 

and appellate practice. His clients included insurance companies, 

2

banks, business corporations, partnerships, and individuals involved in commercial disputes, also regulatory issues and personal 

injury claims. 

As head of the Civil Division, Mr. McCallum has shown that he 

is an enormously talented and committed public servant. Since his 

confirmation on September 17, 2001, just days after the September 

11th tragedy, he has led the Civil Division with great skill, I think 

during very challenging times for our country. So I commend the 

President on his decision to promote Mr. McCallum to the position 

of Associate Attorney General, and I am certain that he will continue his exemplary public service once confirmed to his new post. 

I know that Senator Chambliss is here to speak in further support of Mr. McCallum’s nomination, and I will turn to Mr. Keisler 

after Senator Chambliss gives his remarks. And I just want to express to everybody how grateful I am to have this great former 

Member of the House on the Senate Judiciary Committee serving 

with me. I just feel really blessed to have you with us, Saxby, and 

we will turn the time over to you. 

[The prepared statement of Chairman Hatch appears as a submission for the record.] 

PRESENTATION OF ROBERT D. MCCALLUM, JR., NOMINEE TO 

BE ASSOCIATE ATTORNEY GENERAL, DEPARTMENT OF JUSTICE, BY HON. SAXBY CHAMBLISS, A U.S. SENATOR FROM 

THE STATE OF GEORGIA 

Senator CHAMBLISS. Thank you, Mr. Chairman. It is indeed a 

privilege and a pleasure to be associated with you and to serve 

under you as a member of this very distinguished Committee, and 

your service speaks for itself. You are a great American and certainly a great leader of not just this Committee but of our Nation. 

Mr. Chairman, I would like to introduce to you a fellow Georgian, Mr. Robert Davis McCallum, Jr., who is President Bush’s 

nominee to be the Associate Attorney General. But before I do so, 

I would like to introduce his wife, Mimi, who is also with us today, 

and ask her to stand. Mimi, where did we go? 

Chairman HATCH. We are sure happy to have you here, Mrs. 

McCallum. 

Senator CHAMBLISS. Mr. McCallum has had a tremendous legal 

background and is exceptionally qualified for this position, which 

is a promotion for him within the Department of Justice. For almost 2 years now, Mr. McCallum has been the Assistant Attorney 

General for the Civil Division in the Department of Justice. Prior 

to joining the Department of Justice, Mr. McCallum worked as a 

partner in the Atlanta-based firm of Alston and Bird, which is one 

of the premier law firms in the country. It is a firm, Mr. Chairman, 

which I had the privilege of being associated with numerous times 

throughout my 26-year legal career in Georgia. 

During the 1980’s, while still working with Alston and Bird, Mr. 

McCallum served as a Special Assistant Attorney General for the 

State of Georgia, counseling the State in the area of eminent domain. He has co-authored the ‘‘Practice and Procedure’’ section of 

the Mercer Law Review three times and has written a chapter in 

the reference book ‘‘Gynecological Surgery: Errors, Safeguards, and 

Salvage.’’ 

3

Mr. McCallum has lectured at numerous continuing legal education seminars sponsored by the State Bar of Georgia on various 

topics, ranging from the lawyer-expert relationship, direct and 

cross-examination, voir dire issues, and environmental issues. 

Mr. McCallum earned his bachelor’s degree from Yale University 

where he graduated cum laude, earned his law degree from the 

Yale Law School. 

As Associate Attorney General, Mr. McCallum will advise the Attorney General and the Deputy Attorney General on formulating 

and implementing DOJ policies and programs over a broad range 

of matters involving civil justice, Federal and local law enforcement, and public safety. His office will oversee several key divisions at DOJ, including Antitrust, the Civil Division, Civil Rights, 

Environmental and Natural Resources, the Tax Division, the Violence Against Women Office, the Office of Information and Privacy, 

the Executive Office of U.S. Trustees, and the Foreign Claims Settlement Commission. We are truly fortunate to have someone as 

qualified as Mr. McCallum to serve as Associate Attorney General, 

especially when you consider that he chose to leave private practice 

and certainly take a tremendous pay cut to work for the Federal 

Government. 

I applaud his past service, his future service, and I welcome him 

here today, and I thank you for your consideration of his nomination. 

Chairman HATCH. Well, thank you, Senator Chambliss. We really appreciate you taking time from what I know is a busy schedule, 

because I can’t keep up with mine, and I know you are busy, too. 

We appreciate you coming, and it is an honor to Mr. McCallum. 

Thank you so much. 

I am going to invite Peter Keisler to come to the table as well. 

Maybe you can switch those cards around. Let me also mention 

that I am going to take care of both of you in one sitting, if I can, 

if you don’t mind. 

Mr. Keisler is also a Yale Law School graduate. Following his 

D.C. Circuit clerkship, he was hired as an Assistant Counsel to 

President Reagan. Within 1 year, he was promoted to Associate 

Counsel to the President. In 1989, Mr. Keisler left the White House 

to enter private practice at what is now Sidley, Austin, Brown and 

Wood, a prestigious national law firm. He began as an associate 

and was elevated to partner in 1993. He remained in private practice until 2002, when he joined the Department of Justice as Acting 

Associate Attorney General. In March 2003, Mr. Keisler was appointed as Principal Deputy Associate Attorney General and currently serves in that position. There can be no doubt that Mr. 

Keisler’s vast experience with civil litigation matters, both in private practice and at the Department of Justice, has more than adequately prepared him to head the Civil Division, where he will be 

responsible for management and oversight of the largest litigation 

department within the Government, or should I say component 

within the Government. 

I have met with Mr. Keisler and believe that the President made 

a wise choice. I have known him for years, and I think the President has made a wise choice in nominating him to this position. 

But my colleagues need not take solely my word for it. I have reVerDate 0ct 09 2002 15:36 Oct 29, 2003 Jkt 090013 PO 00000 Frm 00007 Fmt 6633 Sfmt 6633 S:\GPO\HEARINGS\90013.TXT SJUD4 PsN: CMORC
4

ceived several letters on Mr. Keisler’s behalf that I would like to 

share. 

Two former Clinton Department of Justice officials, Randolph 

Moss and Joseph Guerra, who served, respectively, as Assistant Attorney General and Deputy Assistant Attorney General of the Office of Legal Counsel, wrote that Mr. Keisler ‘‘is an extraordinary 

legal talent...Peter is equally prized for the other aspects of the professionalism he displays—such as personal integrity, a balanced 

temperament, a courteous and good-humored demeanor, and respectful treatment of others with whom he works, both colleagues 

and opposing counsel.’’ 

Professor Litman, a lifelong Democrat and former United States 

Attorney for the Western District of Pennsylvania during the Clinton administration, writes, ‘‘I can say from personal experience 

that Peter will treat all his colleagues, from support staff to Presidential appointees, with graciousness and respect. The Committee 

can have confidence that Peter will also be conscious of the impact 

of the Department’s actions on people’s lives, and will approach his 

responsibilities with a well-developed sense of fairness and compassion.’’ 

Stephen Sachs, former United States Attorney for the District of 

Maryland during the Johnson administration and Maryland’s 

Democratic Attorney General from 1979 to 1987, wrote in enthusiastic support of Mr. Keisler’s nomination. His letter states, ‘‘I am 

a lifelong liberal Democrat. Peter...is not.’’ Well, I hardly knew 

that. ‘‘But while we have different views on some matters of public 

policy, I know that we both place a high value on the importance 

of public service and share a profound respect for the rule of law. 

I have no doubt whatsoever of Peter’s dedication to the essentially 

apolitical mission of a great ministry of justice. Intellectual integrity is his calling card. For Peter Keisler, those lofty phrases etched 

on the walls at Justice are living commands, not empty rhetoric. 

The Department of Justice and the Nation will be well-served by 

this appointment.’’ 

These are just a few of the letters I have received on Mr. 

Keisler’s behalf, demonstrating the strong bipartisan support he 

enjoys. Clearly, Mr. Keisler’s legal ability and personal integrity 

have earned him admiration on both sides of the political spectrum. 

Now, I would like to compliment both of these gentlemen on their 

nominations and offer them my full support, and I look forward to 

hearing from them. 

So, Mr. McCallum, we will take you first. I hope you will introduce those who are with you, and then give any statement you care 

to give, and then maybe we will have a question for you. 

STATEMENT OF ROBERT D. MCCALLUM, JR., OF GEORGIA, 

NOMINEE TO BE ASSOCIATE ATTORNEY GENERAL, DEPARTMENT OF JUSTICE 

Mr. MCCALLUM. Thank you, Mr. Chairman. My wife, Mimi, is 

the only family member that was able to make it to the hearing 

today, and I’m honored to appear before you and the Committee for 

consideration of my nomination. 

5

Chairman HATCH. Mimi is my former dinner partner, so I want 

to tell you, you are a lucky guy. We welcome you, Mimi. We welcome you here. 

Mr. MCCALLUM. I’m grateful to the Committee for the careful attention that it will give to my nomination and for allowing me this 

opportunity to answer any questions that you or other Committee 

members may have concerning my nomination. I’ll look forward to 

providing you and the Committee members, not just at this hearing 

but also afterwards, with whatever information might be helpful to 

you and to the Senate in discharging the Senate’s constitutional responsibilities to advise the President on his nominees. 

I have introduced my wife, but I must say I need to recognize 

that she has supported me every step of the way on this decision 

to enter public service. Our decision to leave private practice and 

to leave our home of 30 years to come to Washington was, as you 

can well imagine, a joint decision. It’s one that we both have enthusiastically embraced, and I must thank her for all that she’s done 

to support me in that regard. 

We do have two sons and a new daughter-in-law, and none of 

them can be here with us today, but they send their regrets to the 

Committee. My elder son, Davis, is a theater director in New York, 

and he’s currently in Ashland, Oregon, assistant-directing plays for 

the next 4 months at the Oregon Shakespeare Festival. So it’s been 

too far a distance for him to travel and get back there, given his 

schedule. 

His wife, our new daughter-in-law, Sara, is currently clerking for 

the United States District Court, the Southern District of New 

York, with Judge Jed Rakoff, and her obligations with Judge 

Rakoff, who is known as a tremendous work horse on that very, 

very busy district, requires her to remain in New York. 

And then my younger son, Bailey, is a teacher with the Gore 

Range Natural Science School in Red Cliff, Colorado, and, again, 

distance precludes his presence here today. 

In addition to my wife, I’d also like to take this opportunity to 

thank Senator Zell Miller and especially Senator Saxby Chambliss 

for encouraging me and supporting me in this nomination for this 

new position. I am extremely proud of my home State and proud 

that it’s represented by two such fine public servants in the United 

States Senate. And I am both appreciative of and humbled by their 

support of my nomination. 

As I did in my first confirmation hearing, I would also like to 

take this opportunity to recognize and express my thanks to your 

former colleague, the late Senator Paul Coverdell. It was, in fact, 

Paul who, as a Georgia State Senator in the Georgia Legislature 

from my particular district, encouraged me to participate in local 

government activities, and I would like to think that Paul Coverdell is looking down and is proud of my nomination. 

Mr. Chairman, over the past 19 months, I have been privileged 

to serve with the advice and consent of the Senate as Assistant Attorney General for the Civil Division of the United States Department of Justice. I took the oath of office on September 17, 2001, 

the Monday after the terrorist attacks. And as you can well imagine, those events have generated a significant overlay of new and 

different cases, new issues relating to the war on terrorism. 

6

At the same time, the normal, usual litigation portfolio involving 

the interests of the United States has continued unabated. In those 

circumstances, I have done my utmost to provide the management 

direction, the supervision, and the leadership necessary to meet 

both those new challenges and those old ones. And I have been 

privileged to work with some of the finest attorneys, both political 

appointees and career staff, that I have ever encountered. 

I certainly recognize that this Committee, in evaluating my nomination for Associate Attorney General, has the responsibility to review and assess my performance in my existing position, and I encourage the Committee to do so, and I will be as responsive as I 

possibly can be to any inquiries that the Committee cares to make. 

Needless to say, I was honored to be asked by the Attorney General and the President to assume broader responsibilities in the position of Association Attorney General. If confirmed by the Senate 

in this new position, it would afford me the opportunity to work 

more closely, even more closely with the Attorney General and the 

Deputy Attorney General, two outstanding individuals who have 

provided the entire Department of Justice with inspiring leadership 

and very efficient management. It would afford me the opportunity 

also to work more closely with my current fellow Assistant Attorney Generals in Civil Rights, Environment and Natural Resources, 

Tax, Antitrust, and Justice Programs. 

I’m ready, willing, and hopefully able, if the Senate sees fit to 

confirm me, to assume these new responsibilities and to meet these 

new challenges. 

Thank you. 

[The biographical information follows:]

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Chairman HATCH. Thank you, Mr. McCallum. 

Mr. Keisler, do you have any comments or introduce anybody 

who is here with you? 

STATEMENT OF PETER D. KEISLER, OF MARYLAND, NOMINEE 

TO BE ASSISTANT ATTORNEY GENERAL, CIVIL DIVISION, DEPARTMENT OF JUSTICE 

Mr. KEISLER. Thank you very much, Mr. Chairman. It’s a great 

privilege for me to be able to appear before you today. Thank you 

for having me here, and I would love the opportunity to introduce 

my family, if that’s all right. 

Susan Gomory Keisler, my wife. I have had a lot of great opportunities as a result of obtaining a law degree, but far and away the 

greatest was that I met Sue at the law firm where we both started 

practicing. 

Chairman HATCH. That is great. Sue, we are happy to have you 

here. 

Mr. KEISLER. And my daughter, Sydelle. 

Chairman HATCH. Hi. 

Mr. KEISLER. Who is 8 years old and is in second grade. And my 

son, Alex. 

Chairman HATCH. Hi, Alex. How are you doing? 

Mr. KEISLER. Six years old and is in kindergarten. And my 

youngest son, Philip, who is 3 years old and is in nursery school. 

Chairman HATCH. Well, that is great. They are pretty well behaved, is all I can say. I am not used to that in the Hatch family. 

[Laughter.] 

Mr. KEISLER. I am not entirely used to it either, Senator. We 

promised them ice cream if all goes well. 

Chairman HATCH. Well, that is good. 

[Laughter.] 

Chairman HATCH. That is good. 

Mr. KEISLER. I am also very, very pleased to have my father Bill 

Keisler here who came down from New York this morning. It 

means a great deal to me to have him here. 

Chairman HATCH. We are honored to have you here. You have 

a great son. I have known him for a long time. 

Mr. KEISLER. And I certainly wish my mother could have been 

here as well. She passed away many years ago. 

Chairman HATCH. I am sorry to hear that. 

Mr. KEISLER. A few months after I received my law degree. I 

think of her often, and particularly at moments like these. 

I would also like to introduce my niece, who is holding Philip, 

Sarah Seitz. She is on leave from Wellesley and is living with us 

while she interns for a non-profit which helps victims of domestic 

violence; and my father-in-law, Ralph Gomory, and his wife, Lillian 

Wu, who have also come down here, and it means so much to me 

to have them here. 

Chairman HATCH. We are honored to have all of you here. 

Mr. KEISLER. I’d also like to take this opportunity, Mr. Chairman, to thank the President for nominating, to thank the Attorney 

General for his confidence in me, and to thank you and the Committee for having me here today. I’d also like to thank you and 

40

Senator Durbin for taking time out of your busy schedules to meet 

privately with me earlier. I very much appreciate that. 

The Civil Division, as you know, Mr. Chairman, has broad litigating responsibilities on behalf of the United States in areas as 

diverse as torts, contracts, constitutional law, administrative law, 

fraud, bankruptcies, and many others. I always felt it a great privilege when I was in private practice to be able to participate in the 

legal process and stand up in court as an advocate for a client. But 

I think it is a special privilege to do that on behalf of the United 

States, to stand up in the courts of the United States on behalf of 

the people of the United States. And I think that that client in particular is entitled to the highest levels of professionalism, integrity, 

skill, and hard work from its lawyers, and I think the thing that 

has most impressed me in the approximately 1 year I’ve served at 

the Justice Department is to see that level of advocacy and professionalism delivered every day by the 700-plus men and women who 

serve as attorneys in the Civil Division and by the hundreds and 

hundreds of other attorneys at the Department of Justice. And if 

I’m fortunate enough to be confirmed, I want to pledge to do my 

utmost to uphold that great tradition. 

I also want to commit that, in addition to addressing any questions you may have today, that if I’m confirmed I want and intend 

to make myself personally available to the Committee, to provide 

it with whatever information it needs to further its legislative and 

oversight responsibilities. 

Again, Mr. Chairman, thank you so much for having me here, 

and I’d certainly be happy to address any questions you might have 

in evaluating my nomination. 

[The biographical information follows:]

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Chairman HATCH. Well, thank you. Thank you both. 

Basically you have answered my questions in your statements, 

and I don’t see any reason—I know you both so well, and I have 

such respect for you, and I believe other members of the Committee 

do as well. That is why I think they are not here, because normally 

they show up to really give you a rough time, and they are not here 

doing that. So I will tell you what we are going to do. It is no secret 

I am going to support both of you for these excellent positions. 

They are very important positions. You have covered them. You 

have talked about some of the things that are on my mind. And 

we are going to keep the record open until next Tuesday at 5:00 

p.m. for any questions any other members of the Committee desire 

to submit to you. 

I would ask you to get the answers back as soon as you can. 

Wednesday would be soon enough because we will put you on the 

next markup, which will be next Thursday. 

Now, you may be put over for a week because anybody has that 

right on the Committee, but I doubt that anybody will put you 

over. But if they do, we will live with that. But the key is to get 

those answers to questions back. 

I have been informed that there are no other Senators coming, 

so I don’t see any reason to keep you or your families any longer. 

I believe both of you will serve with tremendous distinction in 

these very important jobs at this time in our country’s history. I 

know both of you have the legal acumen and ability to do it. I know 

both of you have the integrity and the sense of purpose and realism 

to be able to handle these jobs in ways that would make all of us 

proud. 

And I know that both of you will do so without regard to politics 

and do it in a way that really benefits everybody in this country, 

regardless of where they come from or what their particular ideological beliefs are. If I didn’t know that, I would have a lot of questions for you. 

So we have seen both of you in action. We know both of you, and 

I have known you, Peter, since you graduated from Yale. And I just 

want to compliment both of you for being willing to serve, leave 

your private practices and your homes and for your willingness to 

come here and be part of this team at Justice, which I happen to 

believe is a pretty darn good team doing a very good job under very 

trying times. 

So, with that, we will recess until further notice. Thank you for 

being here, and thanks to all your family members for being here. 

Mr. KEISLER. Thank you, Mr. Chairman. 

Mr. MCCALLUM. Thank you, Mr. Chairman. 

[Whereupon, at 3:55 p.m., the Committee was adjourned.] 

[Question and answers and a submission for the record follow.]

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