Thread by @ericgeller

At Senate Judiciary hearing to confirm Trump's nominee to lead DOJ's Criminal Division, Feinstein says she "cannot support this nomination."

"I'm concerned that he doesn't have the qualifications or independence needed to lead this important branch of government," she says.

Feinstein says she opposes the nominee, Brian Benczkowski, because he has no courtroom experience, was not a federal prosecutor, etc.

Benczkowski, if you remember, represented Alfa Bank, firm with ties to Russia. nytimes.com/2017/07/26/us/…

At today's Judiciary meeting, Chairman Chuck Grassley said he had arranged for ODNI to brief Senator Dick Durbin on Alfa Bank.

Grassley also said he had DAG Rod Rosenstein explain to Durbin why DOJ won't confirm if it's investigating Alfa Bank.

Grassley: DOJ has a "long-standing tradition that it does not confirm nor deny investigations, particularly when it comes to a nominee’s client."

Says Comey "recently came under fire for doing this very thing."

Right now, Sen. Sheldon Whitehouse is discussing his concern that Benczkowski, as head of Criminal Division, will sit in on Russia probe meetings. "The only apparent qualification he brings to this job is his close political relationship with" an AG who is recused from probe.

Whitehouse says he hasn't been able to get an answer from DOJ re: whether Benczkowski will have access to Russia probe proceedings.

He says he's worried Benczkowski will be "a backchannel source of information from this Special Counsel investigation to the recused Atty General."

Whitehouse: I'm worried that Benczkowski will "serve as the eyes and ears of the recused Attorney General" into the Russia probe.

Whitehouse: "We are absolutely entitled," as DOJ overseers, to know how the Russia probe "is properly firewalled."

Calls DOJ's letter replying to his questions "ridiculous."

Cornyn asks Whitehouse why Mueller would be influenced by Benczkowski if Mueller reports to Rosenstein.

Whitehouse: B/c head of National Security Division has access to probe (for good reason), so it's not unreasonable to think head of Criminal Division might participate too.

If you want to watch this Judiciary meeting, it's here: judiciary.senate.gov/meetings/09/28… They're supposed to vote on Benczkowski and some judicial nominees.

Cornyn says he doesn't "share Senator Whitehouse's assumption that something bad is happening, because he's got no evidence that it is happening."

Feinstein responds that Benczkowski "repeatedly refused" to promise that he'd recuse from the Russia probe if confirmed.

Durbin says Grassley has been very helpful in arranging for a private briefing for Judiciary senators with intelligence officials about Alfa Bank.

Nonetheless, he says, Benczkowski has "no experience" in prosecution or criminal defense work, and he's too close to the recused AG.

Durbin: "There is no clear definition of [Benczkowski's] role or limitation on his role when it comes to access to information from which the Attorney General has recused himself."

Durbin says there is evidence of "some contact" between Alfa Bank and the Trump campaign, though its nature is unclear.

"What happened between the Alfa Bank pinging into the Trump campaign during the campaign? I don't know the answer."

He's referring to this: cnn.com/2017/03/09/pol…

Durbin says Benczkowski's work for the law firm investigating allegations of Alfa Bank/Trump connection shows his "poor judgment."

Durbin: "I don't think he's the person for the job, and I don't think we should ... in good conscience move on this [nomination] until these questions are answered."

Graham, who joined Whitehouse's letter to DOJ asking how Benczkowski will participate in Russia probe, says, "The answer to our letter was late and inadequate, and we will continue to get a good answer as to how this works."

a better* answer

Leahy: Benczkowski has "shown extremely poor judgment" by working on the law firm's investigation of whether Alfa Bank communicated with the Trump campaign.

Leahy says that, looking at the Judiciary Committee members, he sees many former prosecutors, including former state AGs.

"I want [DOJ nominees] to at least know what the heck they're doing, and [Benczkowski has] shown that he doesn't have that kind of judgment."

Leahy: "This is like saying, 'We're going to put in, as the new head of our brain surgery at this hospital, a man who has done great work in nutrition.'"

"I don't mean to get so wound up," Leahy says, "but a prosecutor has to make some very, very difficult decisions."

Leahy, closing: "I want somebody who's going to go after criminals, not protect criminals."

Blumenthal, a former U.S. Attorney and CT AG: "The trust and credibility of [DOJ Criminal Division chief] position cannot be overestimated."

Blumenthal: "We are in uncharted territory here." Says it will be "truly dangerous" if any part of Russia probe is influenced by a Criminal Division chief with concerning Russia ties.

"What's most disturbing is what we don't know," Blumenthal says. "I would suggest that we postpone this vote until these questions are answered."

The Senate Judiciary Committee has voted 11-9 to approve Brian Benczkowski's nomination and report it to the full Senate.