Alice S. Fisher
Encyclopedia
Alice S. Fisher was appointed by President
George W. Bush
in a recess appointment
August 31, 2005, as Assistant Attorney General
to head the Criminal Division
in the United States Department of Justice
.
Fisher was nominated March 29, 2005, and her nomination was sent to the Senate
April 4, 2005. Her nomination was stalled over interrogation tactics at the Guantanamo Bay, Cuba
, naval facility. She was confirmed by the senate on September 19, 2006.
Fisher "had a substantive law firm career, and she worked for two years in the Criminal Division overseeing the Department’s prosecutions in the high-profile areas of counterterrorism and corporate fraud. She [had] also been a long-time protégé of Homeland Security Secretary
Michael Chertoff
," Vermont
Senator
Patrick J. Leahy said in his May 12, 2005, statement. "I am somewhat concerned, however, that Ms. Fisher is nominated for one of the most visible prosecutor
ial positions in the country without ever having prosecuted a case, and she brings to the position minimal trial
experience in any context," he said.
Leahy also expressed concerns about Fisher's "views on checks of controversial provisions of the Patriot Act and her opposition to the Act’s sunset provision; her participation in meetings in which the FBI expressed its disagreement with harsh interrogation
methods practiced by the military toward detainees held at Guantanamo, and her ideas about appropriate safeguards for the treatment of enemy combatant
s." Leahy was also concerned about "reports that she has had ties to Congressman
Tom DeLay
’s defense team" and "also [wanted] to know what steps she [intended] to take to avoid a conflict of interest in the Department’s investigation of lobbyist Jack Abramoff
and possibly Mr. DeLay."
, to be Assistant Attorney General (Criminal Division) at the Department of Justice. Ms. Fisher is currently a Partner with Latham & Watkins
, LLP. She previously served as Deputy Assistant Attorney General in the Criminal Division of the Department of Justice. Earlier in her career, Ms. Fisher served as Deputy Special Counsel to the U.S. Senate Special Committee to Investigate Whitewater Development and Related Matters. She earned her bachelor's degree
from Vanderbilt University
and her J.D.
from The Catholic University of America
." --
said their hesitation over Fisher's nomination was driven not by politics but by concerns over her possible role in overseeing detention policies at Guantánamo Bay, Cuba. They are seeking access to an F.B.I. agent who wrote an e-mail
message in May 2004 about weekly Justice Department meetings to discuss military interrogation tactics that they felt did not produce reliable intelligence," Eric Lichtblau
wrote in the August 15, 2005, New York Times.
"The unnamed agent said that several senior officials, including Ms. Fisher, who was the second-ranking official in the criminal division, attended meetings with the F.B.I.
"But Justice Department officials said Democrats were misreading the memorandum, and they quoted the F.B.I. agent in a follow-up discussion as saying he did not recall any meetings with Ms. Fisher at which the treatment of detainees at Guantánamo Bay was discussed. Ms. Fisher and the Justice Department say she never took part in such meetings," Lichtblau wrote.
Fisher, then working at the law firm of Latham & Watkins in Washington, D.C.
, where she was a partner, was awaiting Senate confirmation of her nomination.
Senator Arlen Specter
said "in the interview on Friday [August 12, 2005,] that he had concerns about the depth of criminal prosecution experience at the top of the Justice Department after the departure of" Deputy Attorney General James B. Comey
, who left in August 2005 to be Lockheed Martin
's new general counsel
. Comey had been "a veteran prosecutor in Manhattan
."
"Judiciary Committee members said that for the first time in memory, none of the most senior officials at the Justice Department" -- Attorney General Alberto R. Gonzales, Timothy E. Flanigan, Robert D. McCallum, Jr., or Alice Fisher -- "would have experience as a criminal prosecutor," Lichtblau wrote.
Fisher is unique as the head of the U.S. DOJ's Criminal Division—she is the first Criminal Division AAG who has never tried a criminal case during her career. In fact, Fisher never appeared in court on a criminal case prior to her appointment as Assistant Attorney General. To this day, AAG Fisher has never appeared in court on behalf of the United States in a criminal matter.
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
in a recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...
August 31, 2005, as Assistant Attorney General
United States Assistant Attorney General
Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General.The President of the United States appoints individuals to the position of Assistant Attorney General with the advice and consent of the Senate...
to head the Criminal Division
United States Department of Justice Criminal Division
The U.S. Department of Justice Criminal Division develops, enforces, and supervises the application of all federal criminal laws in the United States, except those specifically assigned to other divisions. Criminal Division attorneys prosecute many nationally significant cases and formulate and...
in the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
.
Fisher was nominated March 29, 2005, and her nomination was sent to the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
April 4, 2005. Her nomination was stalled over interrogation tactics at the Guantanamo Bay, Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
, naval facility. She was confirmed by the senate on September 19, 2006.
Fisher "had a substantive law firm career, and she worked for two years in the Criminal Division overseeing the Department’s prosecutions in the high-profile areas of counterterrorism and corporate fraud. She [had] also been a long-time protégé of Homeland Security Secretary
United States Secretary of Homeland Security
The United States Secretary of Homeland Security is the head of the United States Department of Homeland Security, the body concerned with protecting the American homeland and the safety of American citizens. The Secretary is a member of the President's Cabinet. The position was created by the...
Michael Chertoff
Michael Chertoff
Michael Chertoff was the second United States Secretary of Homeland Security under President George W. Bush and co-author of the USA PATRIOT Act. He previously served as a judge on the United States Court of Appeals for the Third Circuit, as a federal prosecutor, and as assistant U.S. Attorney...
," Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Patrick J. Leahy said in his May 12, 2005, statement. "I am somewhat concerned, however, that Ms. Fisher is nominated for one of the most visible prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
ial positions in the country without ever having prosecuted a case, and she brings to the position minimal trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
experience in any context," he said.
Leahy also expressed concerns about Fisher's "views on checks of controversial provisions of the Patriot Act and her opposition to the Act’s sunset provision; her participation in meetings in which the FBI expressed its disagreement with harsh interrogation
Interrogation
Interrogation is interviewing as commonly employed by officers of the police, military, and Intelligence agencies with the goal of extracting a confession or obtaining information. Subjects of interrogation are often the suspects, victims, or witnesses of a crime...
methods practiced by the military toward detainees held at Guantanamo, and her ideas about appropriate safeguards for the treatment of enemy combatant
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
s." Leahy was also concerned about "reports that she has had ties to Congressman
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Tom DeLay
Tom DeLay
Thomas Dale "Tom" DeLay is a former member of the United States House of Representatives, representing Texas's 22nd congressional district from 1984 until 2006. He was Republican Party House Majority Leader from 2003 to 2005, when he resigned because of criminal money laundering charges in...
’s defense team" and "also [wanted] to know what steps she [intended] to take to avoid a conflict of interest in the Department’s investigation of lobbyist Jack Abramoff
Jack Abramoff
Jack Abramoff is an American former lobbyist and businessman. Convicted in 2006 of mail fraud and conspiracy, he was at the heart of an extensive corruption investigation that led to the conviction of White House officials J. Steven Griles and David Safavian, U.S. Representative Bob Ney, and nine...
and possibly Mr. DeLay."
Nomination
"The President intends to nominate Alice S. Fisher, of VirginiaVirginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, to be Assistant Attorney General (Criminal Division) at the Department of Justice. Ms. Fisher is currently a Partner with Latham & Watkins
Latham & Watkins
Latham & Watkins LLP is a global law firm, one of the largest in the world. Latham currently employs approximately 2,000 attorneys in the United States, Europe, the Middle East and Asia. The firm was started in Los Angeles in 1934 and has extensive Californian roots, but its largest office is now...
, LLP. She previously served as Deputy Assistant Attorney General in the Criminal Division of the Department of Justice. Earlier in her career, Ms. Fisher served as Deputy Special Counsel to the U.S. Senate Special Committee to Investigate Whitewater Development and Related Matters. She earned her bachelor's degree
Bachelor's degree
A bachelor's degree is usually an academic degree awarded for an undergraduate course or major that generally lasts for three or four years, but can range anywhere from two to six years depending on the region of the world...
from Vanderbilt University
Vanderbilt University
Vanderbilt University is a private research university located in Nashville, Tennessee, United States. Founded in 1873, the university is named for shipping and rail magnate "Commodore" Cornelius Vanderbilt, who provided Vanderbilt its initial $1 million endowment despite having never been to the...
and her J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from The Catholic University of America
The Catholic University of America
The Catholic University of America is a private university located in Washington, D.C. in the United States. It is a pontifical university of the Catholic Church in the United States and the only institution of higher education founded by the U.S. Catholic bishops...
." --
Troubled confirmation
"DemocratsDemocratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
said their hesitation over Fisher's nomination was driven not by politics but by concerns over her possible role in overseeing detention policies at Guantánamo Bay, Cuba. They are seeking access to an F.B.I. agent who wrote an e-mail
E-mail
Electronic mail, commonly known as email or e-mail, is a method of exchanging digital messages from an author to one or more recipients. Modern email operates across the Internet or other computer networks. Some early email systems required that the author and the recipient both be online at the...
message in May 2004 about weekly Justice Department meetings to discuss military interrogation tactics that they felt did not produce reliable intelligence," Eric Lichtblau
Eric Lichtblau
Eric Lichtblau is an American journalist and Washington bureau reporter for The New York Times.-Life:Lichtblau joined The Times in September 2002 as a correspondent covering the Justice Department. Previously, Lichtblau worked at the Los Angeles Times for 15 years, where he also covered the Justice...
wrote in the August 15, 2005, New York Times.
"The unnamed agent said that several senior officials, including Ms. Fisher, who was the second-ranking official in the criminal division, attended meetings with the F.B.I.
"But Justice Department officials said Democrats were misreading the memorandum, and they quoted the F.B.I. agent in a follow-up discussion as saying he did not recall any meetings with Ms. Fisher at which the treatment of detainees at Guantánamo Bay was discussed. Ms. Fisher and the Justice Department say she never took part in such meetings," Lichtblau wrote.
Fisher, then working at the law firm of Latham & Watkins in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, where she was a partner, was awaiting Senate confirmation of her nomination.
Senator Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
said "in the interview on Friday [August 12, 2005,] that he had concerns about the depth of criminal prosecution experience at the top of the Justice Department after the departure of" Deputy Attorney General James B. Comey
James B. Comey
James B. Comey, Jr. was United States Deputy Attorney General, serving in President George W. Bush's administration. As Deputy Attorney General, Comey was the second-highest ranking official in the United States Department of Justice and ran the day-to-day operations of the Department, serving in...
, who left in August 2005 to be Lockheed Martin
Lockheed Martin
Lockheed Martin is an American global aerospace, defense, security, and advanced technology company with worldwide interests. It was formed by the merger of Lockheed Corporation with Martin Marietta in March 1995. It is headquartered in Bethesda, Maryland, in the Washington Metropolitan Area....
's new general counsel
General Counsel
A general counsel is the chief lawyer of a legal department, usually in a corporation or government department. The term is most used in the United States...
. Comey had been "a veteran prosecutor in Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
."
"Judiciary Committee members said that for the first time in memory, none of the most senior officials at the Justice Department" -- Attorney General Alberto R. Gonzales, Timothy E. Flanigan, Robert D. McCallum, Jr., or Alice Fisher -- "would have experience as a criminal prosecutor," Lichtblau wrote.
Fisher is unique as the head of the U.S. DOJ's Criminal Division—she is the first Criminal Division AAG who has never tried a criminal case during her career. In fact, Fisher never appeared in court on a criminal case prior to her appointment as Assistant Attorney General. To this day, AAG Fisher has never appeared in court on behalf of the United States in a criminal matter.
External links
- Ken Thomas, "Bypassing Senate, president appoints a top Justice official," Associated Press (Boston Globe), September 2, 2005.