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Cortez Masto, Rosen urge GOP senator to lift hold on Frierson, other DOJ nominees

Humberto Sanchez
Humberto Sanchez
CongressGovernment
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Sen. Catherine Cortez Masto (D-NV) and Sen. Jacky Rosen (D-NV) on Wednesday called on Sen. Tom Cotton (R-AR) to stop blocking eight Department of Justice (DOJ) nominees from Senate consideration, including Democratic Assembly Speaker Jason Frierson, who’s on tap to be U.S. attorney for Nevada.

Cotton's issue is the DOJ's decision not to represent four U.S. marshals who defended the federal courthouse in downtown Portland, Oregon. Portland was the setting of a series of skirmishes in 2020 between police and protesters following the murder of George Floyd at the hands of Minneapolis police in May 2020. 

In a speech on the Senate floor, Cortez Masto said that rather than helping law enforcement, Cotton is hurting law enforcement by blocking the six U.S. attorney nominees and two U.S. marshal nominees "who are on the frontlines" of fighting crime.

Rosen underscored Frierson's credentials as a former state assemblyman and a graduate of UNR with a law degree from UNLV.

"There is no basis to delay his nomination and the nominations of other U.S. attorneys and marshals around the country," Rosen said.

Senate Majority Whip Dick Durbin (D-Il) and three other Democratic senators also spoke on the matter.

But Cotton, who also spoke on the Senate floor, stood firm on his hold of the nominations.

His hold has nothing to do with any of the nominees. 

"My position is, I want these four law enforcement officers to be represented from frivolous left-wing lawsuits," Cotton said in a brief interview. "They want their nominees confirmed. Seems to me we have good grounds for compromise."

Protesters are suing the four marshals, but the DOJ has refused to represent one and has not decided on the three others, requiring them to retain legal representation on their own, according to Fox News.   

The DOJ, in a letter to Cotton last week, said it makes decisions on defending its officers on a case-by-case basis. It also said that it would not provide any specifics on the cases.

“In light of significant confidentiality interests and applicable privileges, the Department cannot comment further on any specific representation decision,” the DOJ said.

Durbin said that the DOJ had defended 70 officers associated with the protests. Three others are under review. With the one denial, Durbin said there is an issue of attorney-client privilege, but the officer could waive it to make public the DOJ’s rationale for not providing him legal counsel.

Cotton said it was a departure from DOJ policy not to represent the four and sent a message to other offices that they are not supported. Last month, Cotton wrote a letter last month to Attorney General Merrick Garland threatening to block the nominees.

"These courageous officers were attacked by left-wing street militants with weapons such as mortar fire, ball bearings, and blinding lasers," Cotton's letter said. "A refusal to represent these Deputy Marshals would violate the Department's long-standing practice – not to mention its moral duty – to defend law-enforcement officers when they're sued for actions in the line of duty."

The nominations would likely pass if brought to the floor. 

Senators often use their ability to slow the nominations process as leverage with the White House to extract concessions.

Frierson is not expected to seek re-election to the Assembly. Democrats have endorsed another candidate, Duy Nguyen, to take his Las Vegas-area seat. 

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