U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

22–785 PDF 2005

S. HRG. 109–205

CONFIRMATION HEARING ON THE NOMINATIONS

OF RACHEL L. BRAND, ALICE S. FISHER, AND

REGINA B. SCHOFIELD TO BE ASSISTANT ATTORNEYS GENERAL

HEARING

BEFORE THE

COMMITTEE ON THE JUDICIARY 

UNITED STATES SENATE

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

MAY 12, 2005

Serial No. J–109–19

Printed for the use of the Committee on the Judiciary

(

(II)

COMMITTEE ON THE JUDICIARY 

ARLEN SPECTER, Pennsylvania, Chairman 

ORRIN G. HATCH, Utah 

CHARLES E. GRASSLEY, Iowa 

JON KYL, Arizona 

MIKE DEWINE, Ohio 

JEFF SESSIONS, Alabama 

LINDSEY O. GRAHAM, South Carolina 

JOHN CORNYN, Texas 

SAM BROWNBACK, Kansas 

TOM COBURN, Oklahoma 

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 

DAVID BROG, Staff Director 

MICHAEL O’NEILL, Chief Counsel 

BRUCE A. COHEN, Democratic Chief Counsel and Staff Director 

(III)

C O N T E N T S 

STATEMENTS OF COMMITTEE MEMBERS 

Page

Brownback, Hon. Sam, a U.S. Senator from the State of Kansas ....................... 1

Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont, prepared 

statement .............................................................................................................. 188

PRESENTERS 

Cochran, Hon. Thad, a U.S. Senator from the State of Mississippi presenting 

Regina B. Schofield, Nominee to be Assistant Attorney General, Office 

of Justice Programs, Department of Justice ...................................................... 6

Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa presenting 

Rachel L. Brand, Nominee to be Assistant Attorney General, Office of 

Legal Policy, Department of Justice ................................................................... 4

Harkin, Hon. Tom, a U.S. Senator from the State of Iowa presenting Rachel 

L. Brand, Nominee to be Assistant Attorney General, Office of Legal Policy, 

Department of Justice ......................................................................................... 5

Lott, Hon. Trent, a U.S. Senator from the State of Mississippi presenting 

Alice S. Fisher, Nominee to be Assistant Attorney General, Criminal Division, Department of Justice ................................................................................. 7

McConnell, Hon. Mitch, a U.S. Senator from the State of Kentucky presenting 

Regina B. Schofield, Nominee to be Assistant Attorney General, Office 

of Justice Programs, Department of Justice ...................................................... 3

STATEMENTS OF THE NOMINEES 

Brand, Rachel L., Nominee to be Assistant Attorney General, Office of Legal 

Policy, Department of Justice ............................................................................. 8

Questionnaire .................................................................................................... 10

Fisher, Alice S., Nominee to be Assistant Attorney General, Criminal Division, Department of Justice ................................................................................. 41

Questionnaire .................................................................................................... 42

Schofield, Regina B., Nominee to be Assistant Attorney General, Office of 

Justice Programs, Department of Justice .......................................................... 84

Questionnaire .................................................................................................... 85

QUESTIONS AND ANSWERS 

Responses of Rachel L. Brand to questions submitted by Senators Cornyn, 

Leahy, Kennedy, and Durbin .............................................................................. 114

Responses of Alice S. Fisher to questions submitted by Senators Durbin, 

Leahy, and Kennedy ............................................................................................ 139

Responses of Alice S. Fisher to additional questions submitted by Senators 

Kennedy and Durbin ............................................................................................ 164

Responses of Regina B. Schofield to questions submitted by Senators Durbin, 

and Leahy ............................................................................................................. 174

(1)

CONFIRMATION HEARING TO BE ASSISTANT 

ATTORNEY GENERAL FOR THE DEPARTMENT OF JUSTICE

THURSDAY, MAY 12, 2005

UNITED STATES SENATE, COMMITTEE ON THE JUDICIARY, Washington, D.C.

The Committee met, pursuant to notice, at 4:10 p.m., in room 

SD–226, Dirksen Senate Office Building, Hon. Sam Brownback presiding. Present: Senators Brownback and Grassley.

OPENING STATEMENT OF HON. SAM BROWNBACK, A U.S. 

SENATOR FROM THE STATE OF KANSAS

Senator BROWNBACK. The hearing will come to order. Thank you 

all for joining us today for this confirmation hearing process. Senator Specter has asked that I host and chair this confirmation 

hearing and I look forward to the testimony and the presentations 

of the various witnesses. 

Obviously, by the array of stars we have here supporting those 

nominees, these are outstanding, stellar nominees. I don’t know 

that I have seen a panel quite this powerful supporting the list of 

nominees any time that I have chaired a hearing. So this must be 

a mighty good group, and I am certain that it is. 

We convene the hearing today to consider President Bush’s nomination of three outstanding individuals to serve as Assistant Attorneys General at the Department of Justice. The Department’s 

Criminal Division, Office of Legal Policy and Office of Justice Programs are critical agencies charged with everything from prosecution of the war on terror to the provision of grants to combat drug 

trafficking and domestic violence. The President understands the 

importance of the missions of these agencies, as shown by the high 

caliber of these outstanding women who, if confirmed, would lead 

them. 

Rachel Brand has been nominated to be Assistant Attorney General at the Office of Legal Policy. Ms. Brand has developed an extensive record of high achievement. After graduating from the University of Minnesota and Harvard Law School, Ms. Brand served 

as a law clerk to Justice Charles Fried, of the Supreme Judicial 

Court of Massachusetts, in 1999. Following her clerkship, she 

joined the law firm of Cooper, Carvin and Rosenthal. Her work 

there included a variety of trial and appellate litigation. 

In January 2001, she was chosen to serve at the White House 

in the Office of Counsel to the President, first as an assistant counVerDate 0ct 09 2002 13:06 Dec 13, 2005 Jkt 022785 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\GPO\HEARINGS\22785.TXT SJUD4 PsN: CMORC
2

sel and then as an associate counsel. In these capacities, she has 

provided legal and policy advice to White House officials on a wide 

range of challenging issues. 

She left the White House to serve as a law clerk to Supreme 

Court Justice Anthony M. Kennedy during the 2002–2003 term. 

After her clerkship, Ms. Brand became Principal Deputy Assistant 

Attorney General in the Office of Legal Policy at the Department 

of Justice. In this position, she has worked to develop and implement a variety of civil and criminal policy initiatives, and assisted 

in supervising all aspects of the office’s work. 

Alice Fisher, nominated to head the Department’s Criminal Division, has a distinguished record and a wide range of experience. 

She received her B.A. from Vanderbilt and her J.D. from Catholic 

University Law School. After law school, she worked for several 

years as an associate at Sullivan and Cromwell, where she represented corporations in civil litigation, and also represented a 

death row inmate in a habeas corpus appeal. 

In 1995 and 1996, Ms. Fisher served as Deputy Special Counsel 

to the U.S. Senate Committee investigating the Whitewater Development Corporation and related matters. In that role, she supported the Senate’s investigation and assisted in drafting the final 

report. 

In 1996, Ms. Fisher returned to private practice, this time at the 

law firm of Latham and Watkins. At Latham, she was a member 

of the litigation department and the white collar practice group. 

Her practice focused on the representation of corporations in government investigations and complex civil litigation. In 2001, she 

became a partner. From 2001 until 2003, Ms. Fisher served as Deputy Attorney General in the Criminal Division of the Department 

of Justice, excellent work there. 

Regina Schofield, nominated to head the Office of Justice Programs, will bring a wealth of experience to the position. Ms. 

Schofield graduated from Mississippi College and received her 

MBA from Jackson State University. She currently serves as Director of Intergovernmental Affairs and White House Liaison at the 

Department of Health and Human Services. She previously was 

Manager of Governmental Relations at the U.S. Postal Service. 

As Director of Intergovernmental Relations at HHS, Ms. 

Schofield has been instrumental in advancing intergovernmental 

relations with over 562 federally-recognized tribal governments. 

She has developed the Department’s first comprehensive tribal consultation policy and has worked to establish formal mechanisms to 

create an open door for tribes regarding the Department’s policy 

and budget process. She has also worked to streamline the grants 

process, thereby increasing public awareness of government-funded 

programs and services. 

We have a distinguished panel of Senators to introduce, as well, 

these nominees. I don’t know if anybody has a particular time commitment that they need to go through. If not, we usually go from 

my left to right, unless somebody has a particular time commitment. 

If not, the Honorable Senator Trent Lott will be the first witness. 

3

Senator LOTT. Senator Brownback, at this time I think maybe I 

would like to defer. Maybe you could work the other way. I think 

the distinguished Whip may have other responsibilities. 

Senator BROWNBACK. That is a good thought. 

Senator McConnell, we just jumped to the other end of the table 

here and we will work from that place.

PRESENTATION OF ALICE S. FISHER, NOMINEE TO BE ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF JUSTICE, BY HON. MITCH MCCONNELL, A U.S. SENATOR FROM THE STATE OF KENTUCKY

Senator MCCONNELL. Well, far be it from me to turn down that 

opportunity. Thank you very much, Senator Lott. 

Mr. Chairman, I am thrilled to be here today to introduce Alice 

Fisher, the President’s nominee to be the Assistant Attorney General of the Criminal Division at DOJ. Ms. Fisher is a battle-tested 

veteran of the war on terror, and with her confirmation she will 

once again take up a place on the front lines of that struggle. 

She joined the Justice Department in July of 2001 as Deputy Assistant Attorney General of the Criminal Division. She was placed 

in charged of counterterrorism efforts. Two months later came September 11. After that horrific day, our Government responded 

forcefully and quickly. Ms. Fisher’s role was vital to the fight. 

She was responsible for national coordination of the Government’s efforts to stamp out these evil acts, including all matters related to September 11 investigations and prosecutions. She coordinated the investigation and prosecution of international and domestic terrorist groups, terrorist acts and terrorist financing. She 

headed up USA PATRIOT Act implementation and she coordinated 

the Justice Department’s efforts with the FBI, the Department of 

Defense, the CIA, the NIC and the White House. 

The man who then held the job to which Ms. Fisher has been 

nominated, her old boss, was Michael Chertoff, now, as well know, 

the Secretary of Homeland Security. Secretary Chertoff and Ms. 

Fisher served together in the Justice Department for two years. Before their Justice Department service, they were both partners at 

Latham and Watkins, and before that Ms. Fisher and Secretary 

Chertoff both served as counsels for a U.S. Senate special committee. Secretary Chertoff, who has worked closely with her over 

the years, has called her, quote, ‘‘one of the best lawyers I have 

seen in my entire career,’’ end quote. 

The Criminal Division of the Justice Department must focus on 

matters other than terrorism, of course, and Ms. Fisher is equally 

talented to deal with those matters as well. As Deputy Assistant 

Attorney general, she headed up efforts to combat corporate fraud 

just at a time that the collapse of Enron and other corporate scandals were front-page news. She supervised all corporate fraud matters at Justice, including the securities accounting and health care 

areas. She participated in the drafting of Sarbanes-Oxley and 

worked closely with the Securities and Exchange Commission on 

policy issues. 

She was born and raised in my hometown of Louisville, Kentucky, as part of a close-knit family. She has five older brothers 

and sisters. Her father ran a chemical plant and her mother 

4

worked the night shift as a nurse. She still has a lot of family back 

home in Louisville. In fact, I think both of us were there last weekend to watch the Kentucky Derby. 

She earned her B.A. from Vanderbilt and her law degree from 

Catholic University here. Her husband, Clint, also serves our Nation as Director of Aviation Policy for TSA. She is the mother of 

two. You can tell she has been a really busy lady. In a relatively 

short time, she has already accomplished a great deal. 

She rose to become a partner in one of America’s most prestigious law firms. She then selflessly chose to forego a more lucrative career in private practice to serve her country. Thanks to her, 

America is a safer place than it was on September 11. Now, the 

President has asked her to serve once more and she has answered 

the call. 

I can’t tell you, Ms. Fisher, how grateful we are that you are answering the call again and I am proud to be here to introduce you. 

Senator BROWNBACK. Thank you. 

Senator Grassley.

PRESENTATION OF RACHEL L. BRAND, NOMINEE TO BE ASSISTANT ATTORNEY GENERAL, OFFICE OF LEGAL POLICY, 

DEPARTMENT OF JUSTICE, BY HON. CHARLES E. GRASSLEY, 

A U.S. SENATOR FROM THE STATE OF IOWA

Senator GRASSLEY. I am equally proud to introduce a person that 

has strong roots in my State, a very young person, Rachel Brand. 

She has been nominated to be Assistant Attorney General, Office 

of Legal Policy, at the Department of Justice. A very excellent candidate, and we ought to be delighted that the President has chosen 

her for this position. 

Rachel and her family have strong Iowa connections. Her father 

was born and raised in Iowa. Her mother went to college in Iowa, 

and the Brand family lived in Pella, Iowa, for a long time. Recently, the family has moved to Michigan, but her father still works 

for the Vermeer Manufacturing Company in Pella and she still has 

much of an extended family remaining in Iowa. 

So we would extend a warm welcome to Rachel’s husband, Jonathan Cohn; Rachel’s mother and father, Ruth and Ivan Brand; Rachel’s sister, Deborah Hansel, and her brother-in-law, Neil Hansel, 

and her niece, Megan Hansel. 

Rachel received her bachelor’s degree in political science from the 

University of Minnesota-Morris and graduated with high distinction and honors. While in college, I first got to know Rachel because she interned in my Washington, D.C. office in 1995. She did 

a very great job for me at that time, and as often happens we Senators realize that a lot of people who are interns in our office have 

a very good future and this proves to be true in the case of Rachel. 

Rachel, after college, got her law degree, cum laude, at Harvard 

Law School. In law school, Rachel excelled and was the deputy editor-in-chief of the Harvard Journal of Law and Public Policy. After 

law school, she clerked for Justice Charles Fried, of the Supreme 

Judicial Court of Massachusetts. 

Following her clerkship, Rachel was employed briefly as general 

counsel to the Elizabeth Dole for President Exploratory Committee, 

5

then joining the firm of Cooper, Carvin and Rosenthal, specializing 

in trial and appellate litigation. 

In January 2001, after a short stint as associate counsel to the 

Bush-Cheney transition team, Rachel joined the Office of Counsel 

to the President, first as assistant counsel, then associate counsel. 

In the Office of Counsel to the President, she provided legal and 

policy advice to White House officials on a wide range of issues. 

She left that position to serve as law clerk for Associate Justice 

Anthony Kennedy during the 2002–2003 term of the Supreme 

Court. In July of 2003, she became Principal Deputy Assistant Attorney General of the Office of Legal Policy. Here, she worked to 

develop and implement a variety of civil and criminal policy initiatives, assisting in supervising all aspects of the office’s work. In 

March 2005, she became Acting Assistant of the Office of Legal Policy. 

This brief review of her background shows that she is uniquely 

qualified for the position of Assistant Attorney General of the Office of Legal Policy. She is a very intelligent individual, an excellent attorney and, of course, a very young age that we would all 

be jealous of. Rachel has remarkable accomplishments. She has an 

outstanding record, too, of public service. I know that Rachel will 

do a good job anyplace she goes, so I highly recommend her to this 

Committee and ask my colleagues to support her nomination. 

Thank you. 

Senator BROWNBACK. Thank you, Senator Grassley. 

Senator Harkin.

PRESENTATION OF RACHEL L. BRAND, NOMINEE TO BE ASSISTANT ATTORNEY GENERAL, OFFICE OF LEGAL POLICY, 

DEPARTMENT OF JUSTICE, BY HON. TOM HARKIN, A U.S. 

SENATOR FROM THE STATE OF IOWA

Senator HARKIN. Mr. Chairman, I am pleased to join with my 

colleague, Senator Grassley, to give my support to Rachel Brand, 

the nominee to head the Department of Justice’s Office of Legal 

Policy. 

Rachel, as has been said, is a native of Pella, Iowa, known to 

many of you probably for its windows and doors, but known to the 

rest of us for the most beautiful tulips in Iowa, strong families and 

smart people. 

I will not go through all of her accomplishments. Senator Grassley did that, I think, quite effectively. All I would add is he mentioned a young age. Everything that Senator Grassley said Rachel 

Brand did—she did all that by the age of 32. It kind of puts a lot 

of us to shame. We wonder what we did with our time when we 

were young. It just shows you she has a great work ethic. 

Also, I must admit I went a step further about Rachel and I took 

my inquiries on Rachel back to the source in Pella. I asked the 

sheriff. Rachel’s very proud uncle, Marvin Van Haften, who now 

heads the Iowa Office of Drug Control Policy, confirmed for me that 

his niece is indeed a fine, upstanding citizen, growing up in Iowa, 

as well as not surprisingly a straight-A student. Of course, Mr. Van 

Haften was the former sheriff of that county for a long time. I 

would also like to join with Senator Grassley in welcoming Rachel’s 

6

parents and some other family members here today who still live 

in Pella. 

The Office of Legal Policy is one of the offices in the Department 

of Justice that not many people know about or understand. However, given that the office essentially handles policy changes for the 

Department of Justice, it is one that has a tremendous responsibility in shaping how we go forward in our fight against terrorism. 

In our continuing war on terror, balancing how to effectively 

fight terrorism within our criminal justice system and within our 

Constitution continues to pose new and difficult challenges that 

will fall squarely upon the person who heads this office. In selecting Rachel Brand, I believe the President has made a good choice 

to lead the Department in making those good balances between our 

Constitution and our criminal justice system and fighting terrorism. He has made a great choice and I join with my colleague 

in hoping that the Committee will confirm her rapidly. 

Thank you, Mr. Chairman. 

Senator BROWNBACK. Thank you, Senator Harkin. We appreciate 

that support. 

If any of you, after presenting, need to leave for other meetings, 

it certainly is understood. 

Senator HARKIN. Thank you, Mr. Chairman. 

Senator BROWNBACK. Senator Cochran.

PRESENTATION OF REGINA B. SCHOFIELD, NOMINEE TO BE 

ASSISTANT ATTORNEY GENERAL, OFFICE OF JUSTICE PROGRAMS, DEPARTMENT OF JUSTICE, BY HON. THAD COCHRAN, A U.S. SENATOR FROM THE STATE OF MISSISSIPPI

Senator COCHRAN. Mr. Chairman, I am pleased to be here this 

afternoon to introduce Ms. Regina Schofield to the Committee and 

to recommend her confirmation as an Assistant Attorney General 

for the Office of Justice Programs at the United States Department 

of Justice. 

Ms. Schofield was born and raised and educated in Mississippi. 

We have a number of mutual friends in Franklin County, Mississippi, which she still claims as home, and she comes highly recommended to me by them. 

She received a bachelor’s degree in business administration from 

Mississippi College and a master’s degree from Jackson State University. She began her career in Government serving as Deputy Director of the Office of White House Liaison in the U.S. Department 

of Education. She later served as Manager of Government Relations at the United States Postal Service. 

In February 2001, Ms. Schofield became White House liaison to 

Secretary Tommy Thompson at the Department of Health and 

Human Services. In less than two years, she became Director of the 

Office of Intergovernmental Affairs at HHS, where she was the 

principal adviser to Secretary Thompson on the impact of Department policies on State, local and tribal governments. 

As Assistant Attorney General, Ms. Schofield would be responsible for the overall management and oversight of the Office of Justice Programs. Ms. Schofield has proven that she has the talent, 

the experience and the capability to serve with distinction as AsVerDate 0ct 09 2002 13:06 Dec 13, 2005 Jkt 022785 PO 00000 Frm 00010 Fmt 6633 Sfmt 6633 S:\GPO\HEARINGS\22785.TXT SJUD4 PsN: CMORC
7

sistant Attorney General in the Department of Justice. I urge the 

Committee to recommend her confirmation by the Senate. 

Senator BROWNBACK. Thank you very much, Senator Cochran. 

And now the Honorable Trent Lott.

PRESENTATION OF REGINA B. SCHOFIELD, NOMINEE TO BE 

ASSISTANT ATTORNEY GENERAL, OFFICE OF JUSTICE PROGRAMS, DEPARTMENT OF JUSTICE, BY HON. TRENT LOTT, A 

U.S. SENATOR FROM THE STATE OF MISSISSIPPI

Senator LOTT. Thank you, Mr. Chairman, Senator Brownback, 

for allowing us to appear before you and the Judiciary Committee 

today in support of these very fine nominees. It is a great pleasure 

to join my senior colleague from Mississippi in endorsing the very 

fine nominee, Regina Schofield, to be Assistant Attorney General of 

the Department of Justice. 

I would like to ask that my entire statement be made a part of 

the record as I have it prepared. 

Senator BROWNBACK. Without objection. 

Senator LOTT. I want to extend my congratulations to the other 

nominees today. These are three very fine, very impressive, young 

people that will be going to the Justice Department in very critical 

positions and I am convinced they will do a magnificent job. In fact, 

the quality of these women probably will begin to straighten out 

the Justice Department in a way it has never experienced before. 

So I congratulate them. I am very proud to sit here and listen to 

their records of achievement and their work in the administration, 

or administrations, and to congratulate their families who are all 

here today. I know their families are very proud of them. 

I won’t repeat what is in the resume of Ms. Schofield. Senator 

Cochran did a very fine job of that. I am very proud of her background, being from Bude, Mississippi. It is a long way from Bude, 

Mississippi, to Washington, D.C., and the Justice Department. In 

fact, if I gave you a map, you probably couldn’t find it, but you 

have got some areas in Kansas pretty far out at the end of the 

road, too. It is a lot of beautiful people, and I know that community 

is very proud of Regina and her achievements. 

She has done a good job everywhere she has been. She has 

worked hard. She obviously has outstanding managerial skills and 

it is evidenced by not only her education and her work in different 

roles in the administration, at the White House, at HHS and the 

Department of Education, but she also served on multiple boards 

and commissions. She serves on the Board of Visitors of the College 

of William and Mary, where she oversees he school’s budget. She 

also serves as a member of the Board of Trustees of the American 

Council of Young Political Leaders, an organization dedicated to developing the leadership potential of emerging leaders in politics 

and government. 

So in view of her history of service, certainly it is no surprise 

that she would receive this nomination. I am convinced she is going 

to do a wonderful job, particularly working in the Office of Justice 

Programs. And I must say I am very proud of the record of achievement and all that she has done in her very young life, and so I congratulate her and thank her for her dedication. I know she will be 

8

confirmed and will do a wonderful job at the Department of Justice. 

Senator BROWNBACK. Thank you very much, Senator Lott. Thank 

you both, and all the Senators for presenting here today and introducing these nominees. 

We will now call up the three nominees, if they would come forward—Rachel Brand, Alice Fisher and Regina Schofield. 

We need to swear you in, if you would, ahead of time, so if you 

would please stand and raise your right hand. Do you swear that 

the testimony you will give to this Committee will be the truth, the 

full truth and nothing but the truth, so help you God? 

Ms. BRAND. I do. 

Ms. FISHER. I do. 

Ms. SCHOFIELD. I do. 

Senator BROWNBACK. Thank you. You may be seated. 

Well, this is quite a panel, ladies. I am looking forward to the 

testimony. We will start with Rachel Brand, if we could go with 

you first. If you have a full statement, we can put it into the 

record. That will be great. I would invite you if you have any family members here to introduce them. To me, this is a family obligation. You are the point person, but there is a whole bunch of troops 

behind you and I would like to recognize and thank them as well. 

So if each of you could do that, then I will have some questions 

after your testimony. 

Ms. Brand.

STATEMENT OF RACHEL L. BRAND, NOMINEE TO BE ASSISTANT ATTORNEY GENERAL, OFFICE OF LEGAL POLICY, DEPARTMENT OF JUSTICE

Ms. BRAND. Thank you, Mr. Chairman. I do not have a full statement, although I do look forward to taking your questions. I have 

some thank yous, though, and some acknowledgements. 

I thank you for chairing this hearing so late on a Thursday. I 

know you have got a lot else on your plate with everything going 

on in the Judiciary Committee right now. I would like to thank the 

President and the Attorney General for their confidence in me 

through this nominations. I would like to thank Senators Harkin 

and Grassley for being here. It is a real honor for me to have the 

support of both of my home State Senators from Iowa. 

And, finally, I would like to acknowledge my family, especially 

my parents, Ruth and Ivan Brand, who have been introduced, and 

my husband, Jonathan Cohn. 

Senator BROWNBACK. Could we have them stand if they are 

here—have the parents stand, and husband? 

[The individuals stood.] 

Senator BROWNBACK. Great. Thank you very much for being 

here. 

Ms. BRAND. I also have three other family members from out of 

town. My aunt Beckie and my cousin Katie drove from Michigan 

yesterday, and my sister-in-law Erica Cohn is here from New York, 

and so I thank them. 

Senator BROWNBACK. You have got to stand, too. If you are going 

to drive that far for this, we want to see you. 

[The individuals stood.] 

9

Senator BROWNBACK. Thank you very much for being here. 

Ms. BRAND. And I have a number of other friends here, too, and 

I thank them all for being here. My siblings, Deborah, Thomas and 

Andrew, couldn’t be here today, but I thank them for their support, 

as well, and I look forward to taking your questions. 

[The biographical information of Rachel Lee Brand follows.]

10


22785.001
11


22785.002
12


22785.003
13


22785.004
14


22785.005
15


22785.006
16


22785.007
17


22785.008
18


22785.009
19


22785.010
20


22785.011
21


22785.012
22


22785.013
23


22785.014
24


22785.015
25


22785.016
26


22785.017
27


22785.018
28


22785.019
29


22785.020
30


22785.021
31


22785.022
32


22785.023
33


22785.024
34


22785.025
35


22785.026
36


22785.027
37


22785.028
38


22785.029
39


22785.030
40


22785.031
41

Senator BROWNBACK. Good. We will have a few as we go along. 

Ms. Fisher.

STATEMENT OF ALICE S. FISHER, NOMINEE TO BE ASSISTANT 

ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT 

OF JUSTICE

Ms. FISHER. Thank you, Mr. Chairman, for chairing this hearing. 

I, as well, would like to thank the President and the Attorney General for having confidence in me for this position, and thank Senator McConnell for that very nice opening statement. 

I would acknowledge my family members that are here—my 

mother, who is the mother of six—I was the baby—who taught me 

the work ethic by working the night shift while raising six kids, 

and my husband, Clint Fisher, who also works for the Government 

at TSA, and my two little boys, one of which is already asleep, a 

3-year-old—that is probably why we aren’t hearing him right 

now—Luke, and my son Matthew. 

Senator BROWNBACK. Very good. We won’t ask the father and the 

two children, but the mother, if you could stand, we would love to 

recognize you, if that would be possible. 

[Ms. Biedenbender stood.] 

Senator BROWNBACK. Thank you for being here. 

Do you have a statement, any comments? 

[The biographical information of Alice S. Fisher Brand follows.]

42


22785.032
43


22785.033
44


22785.034
45


22785.035
46


22785.036
47


22785.037
48


22785.038
49


22785.039
50


22785.040
51


22785.041
52


22785.042
53


22785.043
54


22785.044
55


22785.045
56


22785.046
57


22785.047
58


22785.048
59


22785.049
60


22785.050
61


22785.051
62


22785.052
63


22785.053
64


22785.054
65


22785.055
66


22785.056
67


22785.057
68


22785.058
69


22785.059
70


22785.060
71


22785.061
72


22785.062
73


22785.063
74


22785.064
75


22785.065
76


22785.066
77


22785.067
78


22785.068
79


22785.069
80


22785.070
81


22785.071
82


22785.072
83


22785.073
84

Ms. FISHER. No, but I look forward to your questions, Senator. 

Senator BROWNBACK. Ms. Schofield.

STATEMENT OF REGINA B. SCHOFIELD, NOMINEE TO BE ASSISTANT ATTORNEY GENERAL, OFFICE OF JUSTICE PROGRAMS, DEPARTMENT OF JUSTICE

Ms. SCHOFIELD. Thank you, Senator Brownback, and thank you 

again for chairing this meeting. We really appreciate it. I want to 

thank the President and Attorney General for their support in my 

nomination, and I appreciate Senators Cochran and Lott on their 

support. Bude is a long way from here, so I do appreciate it. 

I want to introduce my husband, Steve, and my son, Samuel, and 

my mother- and father-in-law, Bob and Doris Schofield, who had a 

very harrowing experience on I–95 today. So I appreciate them 

being here. 

Senator BROWNBACK. If you can stand, please do it, from that 

harrowing experience. 

[The individuals stood.] 

Senator BROWNBACK. Thank you for being here. 

Ms. SCHOFIELD. I appreciate the support of my friends today and 

there are a lot of them here today. So thank you. 

[The biographical information of Regina B. Schofield follows.]

85


22785.074
86


22785.075
87


22785.076
88


22785.077
89


22785.078
90


22785.079
91


22785.080
92


22785.081
93


22785.082
94


22785.083
95


22785.084
96


22785.085
97


22785.086
98


22785.087
99


22785.088
100


22785.089
101


22785.090
102


22785.091
103


22785.092
104


22785.093
105


22785.094
106


22785.095
107


22785.096
108


22785.097
109


22785.098
110

Senator BROWNBACK. Good. Thank you all very much. 

The questions I have are not tough ones to drill you. We have 

heard the support from home State Senators, and the backgrounds 

each of you have are outstanding qualifications. I would, though, 

like to go down the bench and as you look at the place you have 

been nominated to, what is it you see as the top issue or issues 

that you are going to be confronted with in working there? 

I know you are not in the position yet. I don’t know of any opposition to any of you going into these positions, so I think it clears 

through pretty quick, although strange things happen around here. 

What do you see as the top issues you are going to be confronting? 

Ms. Brand? 

Ms. BRAND. Thank you, Senator Brownback. The Office of Legal 

Policy handles an extraordinarily broad range of issues, ranging 

from everything from tort reform to drug policy and terrorism. But 

the top priority of the Department of Justice, writ large, is the war 

on terrorism, and so that has been my focus as the Principal Deputy Assistant AG over the last couple of years and it will continue 

to be my primary focus going forward. There is a lot of legislation 

on the table this year and the threat of terrorism is not receding, 

so that will continue to be my top priority. 

Senator BROWNBACK. Ms. Fisher? 

Ms. FISHER. Thank you, Senator. As well, for the Criminal Division the top priority remains terrorism and protecting our homeland. I had the opportunity, as you know, to work at the Department in the terrorism area for two years, and I look forward to 

working side by side with those very dedicated career people that 

work night and day combating terrorism. So I look forward to getting back with them. It is in my heart and I look forward to that. 

My other priorities would obviously continue to be corporate 

fraud and white-collar fraud. That continues to be a priority of the 

Department, as well as obscenity, child pornography and computer 

crimes, the whole range of computer crimes that are just rampant 

through our Nation right now. Whether it is drugs on the computer, obscenity, child pornography, we need to find better, effective ways to deal with these crimes. Guns and drugs, public corruption—these are also things that the Criminal Division is very focused on. 

Senator BROWNBACK. Ms. Schofield? 

Ms. SCHOFIELD. Thank you, Senator Brownback. If confirmed, I 

would continue to advance the mission of the Office of Justice Programs and support the President’s and the Attorney General’s initiatives on DNA. There are some issues dealing with serving victims of crime. That is an issue that is very close to my heart and 

I would work tirelessly to support our local law enforcement, State 

and local law enforcement agencies. 

Senator BROWNBACK. Ms. Brand, in the war on terrorism, it goes 

on and just today a group of us put in an immigration bill because 

one of the concerns that a lot of people have, and realistically, that 

we have got people coming over that seek to do us harm. A lot of 

people enter the United States legally each year and a lot of people 

enter illegally. 

The PATRIOT Act has had a lot of controversy, it seems, surrounding it. What is your take of its effectiveness in the war on terVerDate 0ct 09 2002 13:06 Dec 13, 2005 Jkt 022785 PO 00000 Frm 00114 Fmt 6633 Sfmt 6633 S:\GPO\HEARINGS\22785.TXT SJUD4 PsN: CMORC
111

rorism, not the legal—and there have been a number of hearings 

held on that—but the effectiveness of what the PATRIOT Act has 

done to date? 

Ms. BRAND. Thank you. Alice is certainly in a good position to 

answer this question, as well, having worked in the Criminal Division following 9/11. But we have seen in a number of cases the effectiveness of many of the provisions of the PATRIOT Act, particularly the provisions dealing with information-sharing between the 

criminal justice field and the intelligence field. 

The PATRIOT Act took down the wall, so to speak, that divided 

those different elements of the Government prior to the PATRIOT 

Act. Those provisions of the Act were used in the Lackawanna 6 

investigation, the Portland 7 investigation, the Virginia jihad investigation, and others, and have really become part of the way of 

effectively doing business in combating terrorism now. 

Many of the Act’s provisions also help us in the war on violent 

crime. There is, for example, a provision, Section 212, that allows 

Internet service providers to voluntarily disclose information if they 

see an imminent threat of death or serious physical injury. That 

has been used in cases ranging from defusing a bomb threat to rescuing a kidnapping victim and rescuing young girls who were kidnapped and taken across State lines by pedophiles. So it really has 

been effective across the board. 

Senator BROWNBACK. Ms. Fisher, you mentioned a couple of 

areas that I am curious on how you think we are doing today or 

how we might improve both in corporate fraud and on the issue of 

pornography. We had the huge difficulty in the late 1990s on the 

corporate fraud. How do you feel we are doing today on that score? 

Ms. FISHER. Well, I think the Government has been very effective in combating corporate fraud. When I was at the Department, 

Sarbanes-Oxley was passed and the corporate fraud task force was 

set up to specifically focus on corporate fraud. And I saw the results while I was in the Government, and now being on the outside 

in private practice I have seen what effect those laws actually had 

on the board rooms across America. 

I think such things as the certification provisions that were put 

into Sarbanes-Oxley had a real effect on decisionmaking in boards 

of directors for our public corporations. I think the Government is 

doing a good job in increasing the awareness and being able to increase investor confidence in our public corporations because of the 

efforts of the Government in this regard. 

Senator BROWNBACK. On pornography, there have been a number 

of charges that we have not taken this battle on. In spite of Supreme Court rulings that allow the prosecution of this on a local 

community standard basis, a number of groups are charging that 

there has just not been anything done on this. 

Ms. FISHER. Well, child exploitation and obscenity was not one 

of the areas that I supervised while I was at the Department before, but I know that recently the Department of Justice has set 

up an obscenity task force out of the Criminal Division to focus the 

Government’s resources from not only within the Department of 

Justice, but also with other agencies—Homeland Security, postal 

inspectors, et cetera—to really focus on this problem. So I think 

that there will be a commitment to this going forward. 

112

What has happened with child pornography and obscenity because of the Internet is a really horrible thing and we have to take 

efforts now to combat it or it will continue to spread. 

Senator BROWNBACK. I think the Justice Department is going to 

be key on this, and I met with the Attorney General about it and 

he mentioned it in his confirmation hearing. But the reason I say 

that is that you have the legal capacity to prosecute these cases 

that a number of people at State or local levels don’t have. 

Even though the standard is on a community basis standard, you 

are the ones that have probably the expertise to be able to move, 

and much of it goes all across the country, if not internationally. 

I do hope you can step up and either provide assistance in prosecuting some of these cases on a State and local basis or take on 

some high-profile cases yourself in this process, because I do think 

a few prosecutions of selected items would have a significant impact on this. I think it is like a $10 billion industry now. 

Ms. FISHER. Well, I certainly plan on doing that, Senator, and 

looking at that and focusing on that if I am lucky enough to be confirmed. 

Senator BROWNBACK. Ms. Schofield, you mentioned DNA issues. 

That has been certainly a big one on some capital punishment 

cases. Are we getting that information and technology widespread 

across the country now? Is it available to most jurisdictions to use 

on an as-needed basis? 

Ms. SCHOFIELD. I believe that the billion-dollar initiative that the 

President has proposed is to start relieving some of the backlog and 

provide our State and local laboratories and agencies with enough 

wherewithal to get going and get rid of some of those backlogs. 

Senator BROWNBACK. I don’t know, and maybe this isn’t fair to 

ask, but do you know where that is in the allocation process? There 

has been that appropriation. Has it been allocated? Is it being allocated? Do you know where we are on that? 

Ms. SCHOFIELD. I think that the $1 billion is in the pipeline. I 

may be mistaken about that, but I would be happy to look into it. 

Senator BROWNBACK. I was just curious. 

Ms. SCHOFIELD. There are two parts to it. There is $50 million 

to help exonerate the innocent and educate defense lawyers and 

prosecutors, but there is also the $1 billion initiative to help with 

the backlog. 

Senator BROWNBACK. The TV shows certainly have an impact on 

some of these, as well, that my family watches. 

Ms. SCHOFIELD. Yes. 

Senator BROWNBACK. I don’t get to watch them as often as I 

would like, but I get reports from the rest of my family members 

about a number of them. 

Thank you all for being here. I don’t have further questions. You 

are outstanding nominees. I will certainly be supporting you. I 

don’t know of any opposition. I hope we can move this through rapidly on the floor. We will keep the record open the requisite number of days. 

I do have a statement that we will put into the record for Senator Leahy, who unfortunately could not be here, but had a series 

of comments and some questions, I believe, that he is submitting 

113

to the various nominees. If you could respond to those in as rapid 

order as possible, that would certainly help out. 

I congratulate you. I congratulate your family members. I thank 

you for your public service. It is a tough life, it is a great life. It 

is a great one of contribution where you are giving of yourself to 

the country and really around the world by the standards that we 

put forward here. So I consider it a very high calling, and one in 

the Justice Department even more so. When you are helping to dispense justice, it is hard to have a higher calling than that. Thanks 

for doing it. God bless you all and we will move this on forward. 

The hearing is adjourned. 

[Whereupon, at 4:45 p.m., the Committee was adjourned.] 

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

114


22785.099
115


22785.100
116


22785.101
117


22785.102
118


22785.103
119


22785.104
120


22785.105
121


22785.106
122


22785.107
123


22785.108
124


22785.109
125


22785.110
126


22785.111
127


22785.112
128


22785.113
129


22785.114
130


22785.115
131


22785.116
132


22785.117
133


22785.118
134


22785.119
135


22785.120
136


22785.121
137


22785.122
138


22785.123
139


22785.124
140


22785.125
141


22785.126
142


22785.127
143


22785.128
144


22785.129
145


22785.130
146


22785.131
147


22785.132
148


22785.133
149


22785.134
150


22785.135
151


22785.136
152


22785.137
153


22785.138
154


22785.139
155


22785.140
156


22785.141
157


22785.142
158


22785.143
159


22785.144
160


22785.145
161


22785.146
162


22785.147
163


22785.148
164


22785.149
165


22785.150
166


22785.151
167


22785.152
168


22785.153
169


22785.154
170


22785.155
171


22785.156
172


22785.157
173


22785.158
174


22785.159
175


22785.160
176


22785.161
177


22785.162
178


22785.163
179


22785.164
180


22785.165
181


22785.166
182


22785.167
183


22785.168
184


22785.169
185


22785.170
186


22785.171
187


22785.172
188


22785.173
189


22785.174
190

Æ


22785.175