VENABLE, BAElJER AND HOWARD, LLP OFFlCESIN … · I VENABLE, BAElJER AND HOWARD, LLP Including...

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I VENABLE, BAElJER AND HOWARD, LLP Including professional corporations OFFlCESIN VENABLE 1800 Mercantile Bank &; Trust Building Two Hopkins Plaza Baltimore, Maryland 21201-2978 (410)244-7400,Fax(410)244-7742 MARYLAND WASHiNGTON, D.C. VIRGINIA ATTORNEYS AT LAW Benjamin R. Civiletti P.C. (410) 244-7600 September 7, 1995 Honorable Barbara A. Mikulski United States Senate SH-709 Hart Senate Office Bldg. Washington, DC 20510-2003 Re: Merrick B. Garland Dear Senator Mikulski: I just wanted to call your attention to the fact that Merrick B_Garland has been nominated by President Clinton for appointment to the United States Court of Appeals for the DC Circuit. Merrick is an outstanding lawyer with a very distinguished career both in private practice at Arnold & Porter and in government service, first as a special assistant to me when I was Attorney General and then later as an Assistant United States Attorney for the District and, most recently, as Chief Associate Deputy Attorney General to Jamie Gorelick. Additionally, his academic background was outstanding, culminating in his clerkship to Supreme C~urt Justice Brennan. In e'Veryway, he is a superb candidate for that bench, and I just wanted you to know of my personal admiration for him." Kindest regards, ... Benjamin R. Civiletti BRC:jb· cc: Merrick B. Garland, Esq. BA2DOCS 110022693.0 1

Transcript of VENABLE, BAElJER AND HOWARD, LLP OFFlCESIN … · I VENABLE, BAElJER AND HOWARD, LLP Including...

I VENABLE, BAElJER AND HOWARD, LLPIncluding professional corporations

OFFlCESIN

VENABLE1800 Mercantile Bank &; Trust BuildingTwo Hopkins PlazaBaltimore, Maryland 21201-2978(410)244-7400,Fax(410)244-7742

MARYLAND

WASHiNGTON, D.C.VIRGINIA

ATTORNEYS AT LAW Benjamin R. Civiletti P.C.(410) 244-7600

September 7, 1995

Honorable Barbara A. MikulskiUnited States SenateSH-709 Hart Senate Office Bldg.Washington, DC 20510-2003

Re: Merrick B. Garland

Dear Senator Mikulski:

I just wanted to call your attention to the fact that Merrick B_Garlandhas been nominated by President Clinton for appointment to the UnitedStates Court of Appeals for the DC Circuit.

Merrick is an outstanding lawyer with a very distinguished careerboth in private practice at Arnold & Porter and in government service, firstas a special assistant to me when I was Attorney General and then later asan Assistant United States Attorney for the District and, most recently, asChief Associate Deputy Attorney General to Jamie Gorelick. Additionally,his academic background was outstanding, culminating in his clerkship toSupreme C~urt Justice Brennan. In e'Veryway, he is a superb candidate forthat bench, and I just wanted you to know of my personal admiration for him."

Kindest regards, ...

Benjamin R. Civiletti

BRC:jb·cc: Merrick B. Garland, Esq.

BA2DOCS 110022693.0 1

f-A I R T 0 U C HTNCommunications

Mu-g=t G_GillSenior Via: Prtsidont

Legal, Extern.1 Afr.irsand Secreruy

AitI'ouch CommunicationsOne Gliforni. Street

San F r>.ncisco. CA 94111

Telephone: 415658-2233

Facsimile: 415658-2551

September 8, 1995

The Honorable Diane FeinsteinUnited States SenatorHart Senate Office Building -- Room 331Washington, D.C. 20510

,"

Dear Diane:

I am writing to warmly endorse President Clinton's recent nomination of PrincipalAssociate Deputy Attorney General Merrick Garland to be a Judge on the Court ofAppeals for the District of Columbia Circuit.

I came to know Merrick during his time at Pillsbury, Madison & Sutro, where hedistinguished himself by his outstanding intellect and energy in working with meon a variety of business-law issues. His knack for quickly cutting to the heart ofcomplex issues will serve him well on an appellate court that deals with so manyvital issues of public policy.

The recent media profiles of him describing his role in coordinating the criminaland civil issues faced by the Department of Justice and overseeing the early stagesof the Oklahoma City bombing investigation testify both to his abilities and to thedegree to which both the Attorney General and Deputy Attorney General havecome to rely on his counsel. As a former Assistant United States Attorney and asenior official in DOl's Criminal Division, he is eminently familiar with criminaljustice issues. At the same time, he has brought a balanced perspective to theissues before him, respecting civil liberties and the legitimate concerns of thedefense bar.

In short, Merrick has precisely the qualities of acuity, energy, and fairness that willmake for an exemplary jurist. While I understand that the coming presidential

election may delay the handling of certain judicial nominations, I am optimisticthat Merrick's nomination can be put on a fast track to confirmation. After youmeet Merrick and review his outstanding qualifications, Ihope very much that youwill agree with my assessment and vote to confirm him both in the JudiciaryCommittee and on the Senate floor. Should you or your staff have any questionsabout Merrick's background, please feel free to give me a call.

Sincerely,

Marg

CHAIRCarolyn B. Lamm

Suite SOO1747Pennsylvania Ave.• N.W.Washington. DC 20006-4604

FIRST CIRCUITMichael S. Greco

19th FloorOne International Place

100 Oliver StreetBoston. MA 02110SECOND CIRCUITPatricia M. Hynes

48th FloorOne Pennsylvania Plaza

New York. NY 10119'{)16STHIRD CIRCUIT

Victor F. Battaglia. Sr.1800 Mellon Bank CenterTenth and Market Streets

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SEVENTH CIRCUITThomas Z. Hayward. Jr.

Suite320070 West Madison StreetChicago. IL 60602-4207

EIGHTH CIRCUITH. William Allen9S0 Centre Place312 Center Street

little Rock. AR 72201NINTH CIRCUIT

Lembhard G. HowellArctic Building Penthouse

700 Third AvenueSeattle. WA 98104

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500 West MainOklahoma City. OK 73102-2275

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Barnett Tower. Suite 2300One Progress Plaza

SI. Petersburg. FL 33701DISTRICT OF COLUMBIA

CIRCUITlames E. Coleman. Jr.

6th Floor2445 M Street. N.W.

Washington. DC 20037-1420FEDERAL CIRCUIT

Mortimer M. CaplinSuite 1100

One Thomas Circle. N.W.Washington. DC 20005

BOARD OF GOVERNORSLIAISON

William G. Paul18 Phillips Building

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Irene R. EmsellemAmerican Bar Association740 Fifteenth Street. N.W.

Washington. DC 20005-1009(202) 662-1767

AMERICAN BAR ASS9CIATION Standing Committee onFederal Judiciary740 Fifteenth Street, NW.11th FloorWashington, DC 20005-1009(202) 662-1767

CONFIDENTIAL September 21, 1995

Committee on the JudiciaryATT: Hon. Orrin G. Hatch, Chairman224 Dirksen Senate Office BuildingWashington, D.C. 20510-6275RE: Merrick Brian Garland

United States Court of Appealsfor the District of Columbia Circuit

Dear Senator Hatch:Thank you for affording this Committee an

opportunity to express an opinion pertaining to thenomination of Merrick Brian Garland for appointment asJudge of the United States Court of Appeals for theDistrict of Columbia Circuit.

Our Committee is of the unanimous opinion that Mr.Garland is Well Qualified for this appointment.

A copy of this letter has been sent to Mr. Garland'for his information.

Sincerely,

~D_~Carolyn B. LammChair

cc: Hon. Eleanor Dean AchesonMerrick Brian Garland, Esq.ABA Judiciary Committee Members

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October 10, 1995

Senator Orrin B. Hatchu.s. SenateSenate Russell Office BuildingConstitution AvenueWashington, D.C. 20510-4402

Re: H~rriek B. Garl~~Dear Senator Hatch:

I first met Merrick Garland in the mid-1970's, vhen weoverlapped as students at the Harvard Law School. While I havenot known him well, I have been well aware that his acade~icbackground is i~p~ccable, and that he is reputed to be a verybright, highly effective and understated la~er.

During January of 1994, While he was serving in theDepartment of Justice, I had occasion to deal with him directlyon a ~a~ter of so~e publie moment and sensitivity. I was struckby the thorou9hne~s of his preparation, the depth of hisunderstanding of the ~atter. in issue, both factual and legal,and his ability to express himself simply and convincingly. Ivas atill more impressed with hisconments, from obvious per~onal -conviction, on the essential role of honesty, integrity, andforthrightness in government.

Our discussions at that time were followed by furtherconversations on several later occasions. I have also had anopportunity to observe trom a distance his performance in theDepartment and to discuss that performance with people closer tothe scene. I am left with a distinct i~procsion of him as aperson of great skill, diligence,and sound judgment, who isdriven more by a sense ot public service than ot personalaggrandizement.

My own service in the Justice Department during the last twoRepublican Administrations convinced me that 90vernment suffersgreatly from a shortage of people combining such exceptionalabilities with a primary drive to serve interests beyond their

Senator Orrin B. HatchOctober 10, 1995Page 2

JONES, DAY, RBA.VIS & POGUE

own. Merrick Garland's nomination affords the Senate chance toplace one such person in a position where such impulses can bQharnessed to the maximum public good. I hope that the Senatewill seize that opportunity.

Very Truly Yours,

Donald B. Ayer

OFFXCE OF THE GQ"VERNORSTATE CAPITOL

DES MOINES,loWA S0319

TERRY E. BRANSTADGOVERNOR

515 ~el-S2i1

October 10, 1995

Senator Charles E. Grassley135Hart Senate Office Buildinp;Washington, D.C. 20510-1501

Dear Chuck:

I am writing to ask your support and assistance in the confinnation process for a secondcousin, Merrick Garland, who has been nominated to be a judge on the U.S. Court of Appealsfor the District of Columbia.

Merrick Garland has had a distinguished legal career. He was a partner for many yearsin the Washington law firm of Arnold and Porter. During the Bush Administration, Merrick wasasked by Jay Stephens, the U. S. Attorney for the District of Columbia, to take on a three yearstint as an Assistant U. S. Attorney. As I'm sure you know, Jay Stephens is the son of LyleStephens, the Representative from Plymouth County that we served with in the Iowa Legislature.

Recently, he has been overseeing the federal investigation andprosecutic)Il'efforts in theOklahoma City bombing, having been sent there the second day after the blast occurred. He wasserving in the position as principal Associate Deputy Attorney General.

I am enclosing a number 'of news clippings about Merrick Garland. I would especiallyencourage you to review the Legal Times and article entitled: Garland, A Centrist Choice.

...~As always, I appreciate all of your efforts. Hope all is going wen for-you,

Sincerely,-

TEB/mh

cc Cyril GarlandDoris Shukert

WlNSTON & STRAWN

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~.oc.-..-z;1QrI nl-OlOOOctober 10, 1995

The Honorable Orrin G. HatchChairman of the Judiciary CommitteeSR-131 Russell Senate Office BuildingWashington, D.C. 20510-4402

Dear Senator Hatch:

It is my understanding that Merrick Garland's name has been submitted to the "Senate Judiciary Committee to fill a vacancy on the D.C. Circuit Court of Appeals. Merrickis a very talented lawyer. who has had an outstanding career in both the private and publicsectors.

In particular, he has exhibited exceptional legal abilities during his recent termof office in the U. S. Department of Justice. Throughout the United States, Merrick has beenrecognized as a person within the Clinton Department of Justice who is fair, thoughtful andreasonable. He clearly possesses the ability to address legal issues and resolve them in a fairand equitable manner.

Accordingly. in my opinion, Merrick will be an outstanding addition to theD.C. Circuit Court of Appeals, and I strongly recommend his confirmation by yourcommittee. If you have any further questions, please do not hesitate to contact me.

-

DKW:gaw Dan K. Webb

•. "X- :2021 393-5"'60

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-202 37.-

SKADDEN, ARPS, SLATE, MEAGHER s FLOM

1440 NEW YORK AVENUE, N.W.

WASHINGTON, D.C. 200P5'2111

(202) 371-7000

October 11, 1995

The Honorable Orrin G. HatchChairman of the Judiciary CommitteeUnited States SenateSR-131 Russell Senate Office BuildingWashington, D.C. 20510-4402

Re: Merrick B. Garland

Dear Senator Hatch:I write this letter in support of Merrick B.

Garland whose name has been submitted to the SenateJudiciary Committee to fill a vacancy on the UnitedStates Court of Appeals for the District of ColumbiaCircuit.

This incredibly busy and important Court needsjudges of the highest integrity, intellect, experienceand judicial demeanor. Mr. Garland is an outstandinglawyer and citizen who possesses all of these necessaryqualifications. He is a lawyers' lawyer who enjoys amagnificent reputation for fairness, keen intellect andgood judgment.

I urge the Committee to look favorable upon hisnomination.

Very truly yours,cm~Robert S. Bennett

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The Honorable Orrin G.'HatchChairmanSenate Committee on the JudiciaryUnited States Senate135Russell Senate Office BuildingWashington, D.C. 20510-4402

OUR F"IL.E NUMBER

Dear Orrin:

As you know, President Clinton has nominated Merrick B. Garland,Esquire, to fill 'the judicial vacancy on the United States Court of Appeals for theDistrict of Columbia Circuit caused by the retirement of Chief Judge Mikva.

I write this letter to indicate my full support and admiration of Mr.Garland and urge that you soon have a hearing of the Senate Committee on theJudiciary and thereafter support him to fill the vacancy.

Mr. 'Garland has a first-rate legal mind, took magna cum laude and summacum laude advantages of education 'at Harvard College and Harvard Law School. In-private practice, he became and has the reputation of being an outstanding courtroomlawyer. In addition, on several occasions, he satisfied his urge to be a public servant bytwo law clerkships, one for Mr. Justice William J. Brennan and the other for the lateJudge Henry J. Friendly. He has also served in the Justice Department on severaloccasions. 1 have known Merrick Garland as a lawyer and as a friend and greatly admirehis personal integrity, learning in the law and his desire to be a great public servant. Hislegal, social and political views are those most American admire and are well within thefine hopes and principles of this country, which you have often expressed inconversations with me as to the type of person you would like to see on the federaljudiciary, particularly on the appellate courts.

Page 2 • The Honorable Orrin G. Hatch· October 11, 1995

I first got to know Mr. Garland when he, was, Special Assistant to Deputyand then Attorney General Civiletti, as my daughter, Lovida, Jr., was the other SpecialAssistant. I still see him and his wife from time to time and they are the type ofAmericans whom Igreatly admire.

As is stated at the outset of this letter, I hope you will see to it that Mr.Garland soon bas his hearing and that you, at and after the hearing, will actively supporthim for confirmation. If you have any questions. please give me a call and I will walkover to see you.

Take care.

Sincerely,

William~leman, Jr.

WTC,Jr:ead

'fT_C::>.J::lll.1 '9 I "1::l""'::l1.1 n

- fl ...(r r:

NATIONAL DISTRICT ATTORNEYS ASSOCIATION

99 Canal Center Plaza • Suite 510 • Alexandria, Virginia 22314Telephone: (703) 549-9222 Fax: (703) 836-3195

Office of the PresidentOctober 16, 1995

The Honorable Joseph BidenRanking Minority MemberUnited States Senate Judiciary CommitteeSenate Office BuildingWashington, D. C. 20510

Dear Senator Biden:

I write to you as the Prosecuting Attorney for St. Joseph County, Indiana, and asPresident ofthe 7,000 member National District Attorneys Association to recommendPrincipal Associate Attorney General Merrick Garland for appointment as a judge to theWashington, D. C. Court of Appeals.

Mr. Garland has been extremely helpful and cooperative in all matters that wehave discussed with him, and has exhibited the legal knowledge, temperament, andcharacter which would make him an excellent Federal Judge.

On a personal level, I have become acquainted with Mr. Garland, spent time withhim, and had the opportunity to discuss many matters with him which have lead me to the -conclusion that he is an excellent lawyer, brilliant scholar, and a man of high integrity.

Please favorably consider him for the D. C. Circuit position.

RJ.PectfullY, Lkko,( I.MICHAEL P. BARNESPROSECUTING ATTORNEYST. JOSEPH COUNTY

MPB/kjg

-------- -- ------~~---------To be the voice of America's prosecutors {Illr! to SlIPPOl1 their efforts to protect the rights ({1Ir! safer» of the people.

rhe Army lad Navy CJub Bllildins1627 Eye Street, N.W.

washington, DC 20006.4007'relf'phOft4!'/TDD(202)S;7-1700 • l"ax(20Z)85'-17~i

George J. Terwilli~crDirect DW: (202) 857-1704

October 16, 1995

HAND DELIVERED

The Honorable Orrin G. HatchChairmanUnited States Senate Committeeon the Judiciary224 Dirksen Senate Office BuildingWashington, DC. 20510-6275

Re: Nomination of Merrick B. Garland to the U.S. Courtof Appeals for the District of Columbia Circuit

Dear Senator Hatch:

1 have been asked to express my views to you on Merrick Garlruld's uominaricn tosit on the federal Court of Appeals in the District of Columbia. First, I believe Mr.Garland is an accomplished and learned lawyer and is most certainly qualified for a scat onthis important bench. Second. my experience with Mr. Garland. leads me to the conclusionthat he would decide cases on the law based on an objective and fair analysis of the '.positions of the parties in any dispute, Third, I perceive Mr. Garland as a man whobelieves and follows certain principles. but not one whose philosophical beliefs wouldnverpower his objective analysis of legal issues.

I know of no reason to sugge~ that the President's choice for this vacancy on theCourt of Appeals should not be confirmed. As you, of course, have demonstrated duringyour tenure lIS Chairman, the President's nominees arc his choices and are entitled to heconfirmed where it is clear that the nominee would be a capable and fair jurist, I believeMr. Garland meets that criteria and support favorable consideration of his nomination.

Sincerely yours.

~~.George J. Terwilligee, III

\LfL\"'{])!lli • B.UTlXQU • hossll.s • CII.IltoTn:nUl.! • JAClSOffllLf • NOUOLi • RICII/(O~D • ITSO~~ COHn. WASU(l(';T01l. DC . ZOIlJCk

KILPATRICK & CODYSuite 2800

1100 Peachtree StreetAtlanta, Georgia 30309-4530

November 2, 1995Telephone

404 815-6500

Direct Dial404815-6183

Other Offices

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Suite 800700 13th Street, N.W.Washington, D.C. 20005

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Facsimile404 815-6555

...•Honorable Orrin HatchChairman, Judiciary CommitteeU.S. SenateWashington, DC 20510

Dear Mr. Chairman:

As a former Department of Justice official in the Reagan/BushAdministration, having served as Acting Associate Attorney Generaland United StatesAttorney in two Georgia districts, it is my distinct pleasure and privilege to write you aletter regarding the nomination of Merrick Garland to be a member of the UnitedStates Court of Appeals for the D.C. Circuit.

Over the past two years, I have had the pleasure of working withMerrick as a fellow member of the Criminal Justice Section of the American BarAssociation .•.·From that experience, I have learned that he is universally respected andwell-regarded by people from both political parties. Additionally, in his role as a high- .-ranking Department of Justice official, I have found him to be fair-minded andconsiderate of the competing views expressed in criminal justice matters, both fromthe prosecution and defense perspectives.

Also, he has distinguished himself in his handling of the Oklahoma Citybombing case and other high profile matters for Deputy Attorney General JamieGorelick.

He is a well thought out person who is a natural for the Federal CircuitBench. I strongly urge the Senate Judiciary Committee to accelerate his confirmationbefore the close of this legislative year.

111417.1 09/181955:14 PM

KILPATRICK & CODY

Senator Orrin HatchNovember 2, 1995Page 2

Thanking you for your consideration in this regard.

Yours very truly,

-JDW/dlg

CC: Honorable Paul D. Coverdell

-

111417.1 09111119S5:14 PM

SHAW, PITfMAN, Pons & TROWBRIDGE

2300 N STREET. N.W.WASHIN<lTON. D.C. 20037-1128

(202) 663-8000FAC6IMIL.r:

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900 THIRD AVI!NUeNiiW YORK. New YORK 10022-4728

, 50' FARM CREDIT DRIVEMOLe:AN. VIRClIINIA 22'02-5000 .

"IS SOUTH UNION STAIiIiTALI;XANDRIA. VIRClIINIA ll:a3'4.3~'

CHAAL€S s. COOPER(1l:02)883-8257

November 9. 1995 201 LlB&RTY STREET. S.W.Le:eaBURQ. VIRGINIA 22075-272'

The Honorable Orrin HatchChairman, Senate Judiciary CommitteeUnited States SenateWashington. D.C.

Dear Senator Hatch:

I write to express my support for President Clinton's nomination of Merrick Garlandto the position of Circuit Judge of the United States Court of Appeals for the District ofColumbia. live .knownMerrick since 1978. when we served as law clerks to Supreme CourtJustices -- he for Justice Brennan and I for Justice (now Chief Justice) Rehnquist. like ourrespective bosses, Merrick and I disagreed on many legal issues. Still, I believe thatMerrick possesses the qualities of a fine judge.

You are no doubt well aware of the details of Merrick's background as a practicinglawyer, a federal prosecutor, a law teacher, and now a high-ranking official of the Depart-ment of Justtce, This varied background has given Merrick a breadth and depth of legalexperience that few lawyers his age can rival. and he has distinguished himself in all of hisprofessional pursuits. He Is a man of great learning, not just in the law. but also in otherdisciplines. Not only is Merrick enormously gifted intellectually, but he is thoughtful as well,for he respects other points of view and fairly and honestly assesses the merits of all sidesof an issue. And he has a stable, even-tempered r •and courteous manner. He wouldcomport himself on the bench with dignity and fairness. In short, I believe that MerrickGarland will be among President Clinton's very best judicial appointments.

-

CJC/eth

4624 V~K Pl..• N.W.WASHINGTON, ex:: 200 ,6

202·537-60' 5, ~

November 25, 1995

.The Honorable Senator Orrin G. HatchChairman, Senate Judiciary CommitteeSenate Dirksen Building, Room 224Washington, DC 20510

Dear Mr. Chairman:

I write with regard to the nomination of Merrick Garland to the Court of Appeals for theDistrict of Columbia. .

I have known Mr. Garland since 1990 when he was an Assistant United States Attorneyand I was the Assistant Attorney General for the Criminal Division in the Department of Justice.Over the years I have had occasion to see his work in several cases.

Based both on my own observations and on his reputation in the legal community, I believehim to be exceptionally qualified for a Circuit Court appointment Throughout my association withhimI have always been impressed by his judgment. Most importantly, Mr. Garland exemplifies thequalities of fairness, integrity and scholarship which are so important for those who sit on the bench.

'.If I can be of any further assistance, please do not hesitate to call me. My number in the

United StatesAttomey's Office is 202·307-6675. -

Robert s.

RSM

SAN I'"AAN'::,5':01.0S AIoICU;LE5

SA. JOSCSAN O,£CO

PILLSBURY MADISON & S,UTROSUIT!,; IZOO

,OlSO CONNECTICUT A\(£NUE. N.W.

ORANGE COUNTYSACRAMENTO

•••G:NLO F>AI'!f(

WASHINGTON.D.C. Z003G TOKYO

W(II'TEA'S DIRECT OIAL NUMSCA n:L!:F>,.,ONE 1202) 861·0300

T£LCCOIOIER (2021 2516-1805

HONG ",O",C;«c« YOAo(

(202) 463-2302

November 28, 1995

VIA FACSIMILEHonorable Orrin G. HatchChairmanSenate Judiciary CommitteeSD-224 Dirksen Senate Office BuildingWashington, D.C. 20510Honorable Charles E. GrassleyChairmanSenate Judiciary Subcommittee onAdministrative Oversight and the CourtsSH-325 Hart Senate Office BuildingWashington, D.C. 20510Dear Senators Hatch and Grassley:

I I am writing with respect to the nomination of MerrickGarland to serye as a judge on the United States Court of Appealsfor the" District of Columbia Circuit. I understand yOU" havesignificant reservations ~bout filling the existing vacancy on theDistrict of Columbia Circuit at this time. In the event youconsider filling the vacancy at this time, I commend Merrick -Garland for your consideration.

I have known Mr. Garland for nearly cen years. We metinltially during my servlce as Deputy Counsel to the Presidentwhile Mr. Garland was assisting in an Independent Counselinvestigation. During the course of that contact, I was impressedwith Mr. Garland's professionalism and judgment. After I wasappointed United State Attorney for the District of Columbia, Mr.Garland expressed to me an interest in gaining additionalprosecutorial experience, and applied for a position as anAssistant United States Attorney. I hired Mr. Garland for mystaff, and initially assigned him to a narcotics unit where he hadan opportunity to assist in investigating a number of significantcases and to gain valuable trial experience. Mr. Garland quicklyestablished himself as a dedicated prosecutor who was willing tohandle the tough cases. He conducted thorough investigations, andbecame a skilled trial attorney.

Honorable Orrin G. HatchHonorable Charles E. GrassleyNovember 28, 1995Page 2

Subsequently, after gaining significant trial experience, Mr.Garland was assigned to the Public Corruption section of the u.s.Attorney's Office. There he had an opportunity to investigate andtry a number of complex, sensitive cases. In the Publiccorruption section, Mr. Garland demonstrated an excellent capacityto investigate complex transactions, and approached theseimportant cases with maturity .and balanced judgment. He wasthorough and thoughtful in·e~ercising his responsibility, and healways acted in accord with the highest ethical and professionalstandards.

During his service as an Assistant United States Attorney,Mr. Garland distinguished himself as one of the most capableprosecutors in the Office. He brought to bear a number ofoutstanding talents. He was bright. He had the intellectualcapacity to parse complex transactions. He built sound ~orkingrelationships with agents and staff based on mutual respect. Hewas willing to work hard to get the job done. He was dedicated tohis job. He exercised sound judgment, and approached his workwith professionalism and thoughtfulness. He exhibited excellentinterpersonal skills, and was delightful to work with. In sum,his service as an Assistant United States Attorney was marked bydedication, sound judgment, excellent legal ability, a balancedtemperament, and the highest ethical and professional standards.These are qualities which I believe he ~ould bring to the bench aswell.

I appreciate the opportunity to provide ~hese comments foryour consideration.

Sincerely,

--PJay B. Stephens

NATIONAL DISTRICT ATTORNEYS ASSOCIATION

99 Canal Center Plaza • Suite 510 • Alexandria, Virginia 22314Telephone: (703) 549-9222 Fax: (703) 836-0356

Office of the Executive Director

May 7, 1996

Honorable Joseph R. Biden, Jr.Senate Committee on the Judiciary148 Dirksen Senate Office BuildingWashington, DC 20510

Dear Senator Biden:

I strongly support the nomination of Merrick B. Garland to the United States Court of Appealsfor the D.C. Circuit.

Through his work within the Department of Justice, and as an active federal prosecutor, Merrickhas aptly shown his experience in criminal law and in law enforcement. Most notable has beenhis extraordinary performance in leading the investigation into the Oklahoma City bombing inwhich he distinguished himself through his ability to concentrate both local and federal resourcesto achieve a single goal. This, however, is only one of a number of actions on his part thatindicate his strong dedication to fighting criminal activity with all the resources that can bebrought to bear by the federal, state and local governments.

Frequent contact with him, through meetings such as the Executive Working Group, convincesme that he is keenly aware of the need for strong and effective law enforcement efforts at boththe state and federal levels. I believe that as a member of the judiciary he will remain fullycognizant of the need of the people of the United States to be protected from the ravages of crimeand will continue to do his utmost, within the proprieties of office, to continue the fight againstcnme.

Thank you for considering my perspective in considering this important appointment.

c:»:/ /ifewman Flari~~ U . ,Ex utive DirectorNational District Attorneys Association

To be the ooice of America's prosecutors and to support their efforts to protect the rights and safety of the people.