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April 20, 2009

Inhofe Opposed to David Hamilton Nomination

WASHINGTON, D.C. -U.S. Senator Jim Inhofe (R-Okla.), spoke on the Senate Floor Monday and expressed his opposition to the nomination of  David Hamilton to sit on the 7th Circuit Court of Appeals. 

Mr. President, I am not particularly impressed with President Obama's judiciary and Department of Justice nominees.  Eric Holder, David Ogden, Dawn Johnsen, Elena Kagan, Thomas Perelli, all extreme liberals in their views on everything from the 2nd amendment to abortion to pornography and obscenity. I applauded when Obama kept Secretary Gates on as his Defense Secretary, and I really hoped that he would choose other individuals who were at least moderate in their political ideology-but that just has not been the case.

Just prior to recess my colleagues on the Senate Judiciary Committee boycotted the nomination hearing of David Hamilton to sit on the 7th Circuit Court of Appeals.  A hearing was scheduled a mere two weeks after the announcement of his nomination.  Senator Specter and seven of my other Republican colleagues requested another hearing after the spring recess, citing a Senate rule that allows a majority of the minority side of the committee to request a follow-up. Many remember David Hamilton because of his 2005 decision as a federal district court judge presiding over the case Hinrichs v. Bosmah, in which he enjoined the Speaker of Indiana's House of Representatives from permitting "sectarian" prayers to be offered as part of that body's official proceedings, meaning that the chaplain or whomever opened the proceedings with prayer could not invoke the name of Jesus Christ. In his conclusion, Hamilton wrote:

"If the Speaker chooses to continue any form of legislative prayer, he shall advise persons offering such a prayer (a) that it must be nonsectarian and must not be used to proselytize or advance any one faith or belief or to disparage any other faith or belief, and (b) that they should refrain from using Christ's name or title or any other denominational appeal."

Further, ruling on a post-judgment motion, Hamilton stated that invoking the name of "Allah" would not advance a particular religion or disparage another.  So, praying to Allah would be perfectly acceptable.  I find this line of reasoning to be unreasonable.  Who in this body would not identify the name of "Allah" with the religion of Islam any less than they would identify the name of Jesus with Christianity?  But I believe these are the kind of opinions we may see coming from the 7th Circuit if David Hamilton is confirmed.

I understand that Judge Hamilton's nomination is still pending before the Judiciary Committee, but I had to come down to the floor to speak so that the American people who are very concerned about this nomination will know that I and my Republican colleagues on the Judiciary Committee are taking interest and are not just going to let this nomination sail through.

I'd also like to speak for a moment on a couple of the nominees that we'll be voting on this evening. Tony West, the nominee for Assistant Attorney General for the Civil Division, served as co-counsel for John Walker Lindh. As you all know, Lindh joined the Taliban and fought against our very own American soldiers in the liberation of Afghanistan. Lindh is a traitor and terrorist, but after a plea deal that Mr. West helped obtain, he is only serving 20 years in prison. 

Lanny Breuer, the Assistant AG nominee for the Criminal Division, helped obtain a great plea deal for Sandy Berger, who admitted to stealing classified documents from the National Archives. He received a $50,000 fine, probation, and community service. I understand that every criminal defendant is entitled to representation and that it was the duty of these men to vigorously represent their clients' interests, but it is also the choice of this Administration who they nominate to these positions, and I truly believe that better choices could have been made.



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