Letter to the White House Counsel
Dear Ms. Ruemmler:
The Utah Democratic Lawyers Council (UDLC) is writing to express its concern over the recent selection process for the U.S. Attorney for the District of Utah. As an organization of lawyers allied with the Democratic Party and its interests, UDLC is concerned that U.S. Attorney David Barlow was nomiated and approved without any meaningful consultation by either the President’s Administration or the Senate Judiciary Committee with any stakeholders in Utah, including the Utah State Democratic Party. Because groups and organizations with a direct interest in the appointment of the U.S. Attorney were not involved in that process, we are concerned that the Administration appointed not only a well-known, unapologetic Republican Party operative but the former chief legal counsel to Utah’s “Tea Party” Senator.
Elections are supposed to matter, especially presidential elections. Historically, one important consequence of presidential elections has been that the winner appoints U.S. Attorneys who reflect the policy views of the new administration. If the election causes a change in the party holding the White House, sitting U.S. Attorneys appointed by a President from the other party tender their resignation to allow the President to staff these positions with attorneys who share his policy views.
There are many important reasons for this practice. First, U.S. Attorneys carry out the President’s policy for the Department of Justice (DOJ). In particular, U.S. Attorneys execute the President’s decisions to prioritize certain issues for investigation and prosecution. The appointment of a U.S. Attorney in Utah who is not only a member of the Republican Party but also an active participant of the far right wing of that party, a faction that is openly hostile and antagonistic to many of the President’s priorities and policies, has undermined the President’s prerogative to set national policy for the DOJ and the executive branch.
UDLC believes that it is critical for Utah to have an independent Democratic U.S. Attorney. Currently, Republicans control the state legislature, the Governor’s Office and the Attorney General’s Office. This one-sided dominance by the Republican Party has led to allegations by a number of public interest groups of abuses of power by state boards and agencies and concerns that cases have not been fully investigate or prosecuted because of partisan politics. A U.S. Attorney selected from the ranks of the President’s own party would have provided a balance that is sorely needed and greater scrutiny of important legal issues affecting the public interest.
Of equal importance, the opportuniy for the President to appoint a member of his own political party to a prominent office benefits the Democratic Party in Utah. The U.S. Attorney position is a rare opportunity for the Utah State Democratic Party to spotlight a local lawyer for a possible future political career. It is demoralizing to those who work hard for the success of the Democratic Party and the President in Utah to witness political patronage going to those who oppose the core values of the Democratic Party.
We specifically question the wisdom and fairness of the so-called “blue slip” tradition, which allows Senators from the state where an appointment will be made to effectively veto any nominee. We understand that Chairman Leahy’s predecessor, our very own Senator Hatch, did not adhere to this tradition. We fail to see why two of the most conservative members of the Senate, including one whom does not appear to share mainstream ideas of basic constitutional law, should be permitted to hold hostage the President’s right to appoint, especially in today’s hyper-partisan political environment. It also amounts to the trading away of Utah’s right to have a U.S. Attorney from the President’s party for the opportunity of states, like Vermont, to have Democratic U.S. Attorneys during Republican administrations.
For future appointments to federal offices located in Utah, we urge you to exercise with care the President’s prerogative in appointing U.S. Attorneys, federal judges, and other officers by consulting with the Utah State Democratic Party, the UDLC, and other informed members of the public, especially those with frequent contact with the appointed office.
Very truly yours,
Blain L. Carlton