the border only on al jazeera america hello, i'm del walters in new york. president obama nominee to be the nation's next attorney general is about to go face-to-face with the senate today. these are live pictures taking place on capitol hill. senators will probably have a lot of questions about her new boss and his policies. mike viqueira is in washington, d.c. this morning. mike republicans have been digging into her background what are we expecting them to grill her about? >> well dell you are absolutely right. in the sense that loretta lynch is not expected to face any real

opposition to this nomination by president obama. but if you look at what republicans have been saying it is clear they are going to use this as a stage for a referendum on president obama and on her predecessor, should she be confirmed and that is eric holder. they are going to hit her and try to figure out what we are goals, her ideas, and whether she will support the policies put forth by eric holder and president obama. we will see fireworks from the likes of senator ted cruz he is on this panel. his wing man is there as well. you are going to see her attack her on that issue as well as things like voter id laws republicans accuse the administration of lax enforcement on those. but she is an individual who has been endorsed by everybody from

the former mayor of new york city. and she has been confirmed twice already by the senate. she has done two stints as a u.s. attorney. now serving as the u.s. attorney for southern new york. and that brings up another interesting point del, and that is that what she is expected to emphasize in her opening testimony under the rubric of a fresh start, of course democrats are eager to distance her from what has happened before in the administration, but specifically this issue of law enforcement and relationships with the community, particularly the african american community, and she would be the first female black attorney general, but this relationship now, because she is -- or at least her office as the u.s. attorney for the southern district of new york is in charge of the investigation into the killing of eric gardner. there are active investigations

in ferguson missouri in the wake of the killing of michael brown looking into whether his civil rights have been violated in that town. there is also an ongoing foefrt by the department of justice to revamp the ferguson police department, as well as police departments in places like cleveland, which has also been in the face of confrontation. so that is going to be brought up here as well del. >> and mike as we saw her working the crowd a short while ago, the members of the committee now sitting dawn. why did the white house decide to go with lynch? >> well it was sort of a surprise pick but at the end of the day given the climate that is happening now, it was a pick that in retrospect given everything we expect to happen today and moving over the course of her nomination as it moves through the senate it appears to be a wise pick.

when eric holder announced his resignation, the speculation was that president obama in the wake of his defeat -- or the democrat's -- defeat in the midterm elections, he decided to shake things up and split the difference as we see chuck grassley convene this hearing now. the president decided to pick someone who he could hold up to the democratic base again, it would be the first african american female attorney general, and face a relatively smooth path to confirmation del. >> mike viqueira thank you. let's turn now to our legal contributor here at al jazeera america, and a long-time friend of loretta lynch.

jamie, i'm start with you. history is being made in the sense that she will become the first african american female. but it is the big history people thought? >> i think it big history. she also would be the first mom ever to be in that office. i think it's a very big deal. and she would be a significant success assess or to eric holder. he has been highly controversial, i think successful impressive and effective attorney general, but as mike pointed out, she would inherit a lot of very significant, very important work that needs to be continued and finished in the course of this administration. >> and alan you worked beside her, eric holder as jamie just said controversial, perhaps because it was the person and also because it was the times, do you expect loretta lynch to

be as perhaps outspoken as eric holder was? >> i think she will let her work speak for her. she is a pretty low-key, well-spoken person not known for making controversial comments in my experience. >> but you have known both of them. you have known eric holder and loretta lynch, eric holder was soft-spoken as well. and then there were things like ferguson and the immigration debate. are you concerned that the office may define the person as opposed to her defining this office? >> i don't think so. he is a very bound and determined career prosecutor. she is going to focus on the department and let the facts speak for themselves and not get into rhetoric beyond that. >> for our audience we'll remind them they are going through house-keeping matters

right now. will she define the office or will the office define here? >> it's a terrific question. i have said that being attorney general is the hardest job in the administration. you don't work for the president you work for the nation. she said she would wake up every day, first thinking about the safety of the american people as her priority. so she wouldn't allow the job to define her, but she recognizes that the job will in many ways make the person as much as the person can make the job. so she's a very determined focused and even a low-key person a person who is of great integrity. a person who is very eloquent but a person who is a professional before anything else. and so i think a very wise

choice for this job, though as i say, it is a very, very difficult job, very very important job, and it has been across all administrations, republican or democrat. it is a very, very important job. >> walk us through the tight rope that she will walk as an attorney general, but also as a african american female. something like ferguson happens. how does she walk that tight rope between being the african american female. >> right. so i think she brings you know, a particular sensitivity to those issues. that said you know, if there are cases to be brought, i think she will bring them. if there are cases that should

not be brought, i don't think she will because of her heritage. mike viqueira i have a question for you, and that deals with the politics that will be taking place. i'm looking at the witness list for tomorrow and benghazi is going to be a topic that is going to come up? how much of a role are politics going to play in these hearings? >> well it's political theater here. this is a very large venue typically used for high-profile hearings such as this. it's essentially an enormous television studio. so with all of that expose sure there are a lot of centers who are not going to miss an opportunity. let's start with ted cruz. he cannot vote for loretta lynch even if he finds her an

exemplary professional with a great track record. he can't go to the republican base and say yes, i voted for an obama nominee. that is simply the way it is. you are going to see him attack her on immigration and on guantanamo bay and the administration's policies there. he's going to attack her on the id laws. and if you look at the second panel expected to testify tomorrow. it's like a cavel kayed of stars commentators like cheryled a kinison who have been outspoken on the fast and furious program that started under the bush administration, but became very controversial over the course of the obama administration.

also on benghazi as well. you have a tea party representative who is something of an expert in conservative circles, and is the go-to vote on voter id laws. jonathan turley a critic of the administration. a george washington university law professor, and a gun right's activist after that all on the same panel. clearly republicans anticipating that loretta lynch will ultimately be confirmed, trying to throw some red meat to the conservative base. >> mike viqueira for us in washington. mike as always thank you very much. jamie floyd, the question then has to be asked what exactly should loretta lynch not say? >> right, first of all i want to underscore something that mike pointed out. this is very much theater. i have been in that room many many times out there my career going all the way back to

clarence thomas. remember that? those were two sets of hearings. the original set, and then the anita hill follow-up. so this is very much theater, and i have also done vetting inside the white house when i worked in the white house. so there's a lot of preparation that goes on before she ever sets foot. she doesn't just walk in cold right? there's a lot of preparation that goes on before the hearings. and it is a theater bay. it's set up that way. there's a lot of intense watching going on. we're talking about it -- every network is talking about it. >> how much time because the white house spend with loretta lynch saying don't say this do say that. >> i can't speak for the obama white house, i was in the clinton white house. but i would imagine they are pretty much all the same. there is a fair amount of prep

murder board, some white houses call them where you do a it willing about of preparation. >> if this person is going to be the nation's top cop why does she have to be prepped? why does she need to know what to say, what not to say? why can't she just speak her mind? and can she be told what to say and not say? >> well she is going to speak her mind as she sees fit. preparation for this is no different than the preparation that lawyers and prosecutors do all the time in the course of your day-to-day work. the attorney general of the united states has an extraordinarily brood panoply of issues that that person has to deal with. so to me it is not surprising and in fact reassuring that someone in her position would want to speak to those issues

intelligently, consistently and not get out in front of herself, and not give opinions about issues she is going to have to confront when she takes that job. >> and she is known to be a woman a who listens more than she speaks. she listens before she speaks and i think that will suit her well in these hearings. is that not true? >> i agree. >> is there a way to as lawyers that you are told to answer a question? in other words you know you are going to get a tough question on immigration. is there a way that you answer a question when you are before the senate judiciary committee. >> loretta lynch is very eloquent by nature. she is a lawyer as opposed to someone who is being considered for surgeon general or some other position so she is used to speaking in front of

audiences, but yes, you have to choose your words carefully. she is going to be honest of course. >> so when you talk about this theater. and you brought it up you go back to the clarence thomas hearings. he said more in his confirmation hearing than he has said on the bench. so can we glean anything from the person? >> i think the country will learn something about loretta lynch's views on the main issues of the day. she may not come out with bottom line opinions on everything she is asked, but i think we'll learn something. >> can we listen in to just a little bit of the testimony? this is senator patrick leahy of vermont. let's listen in for a second. >> -- top federal prosecutor

based in brooklyn new york. i hope we have another swift confirmation for ms. lynch. as u.s. attorney for the eastern district of new york she has brought terrorists and cyber criminals to justice. she has obtained convictions against corrupt public officials in both parties. she has remained determined to protect the rights of victims. ms. lynch has worked hard to improve the relationships between law enforcement and the communities they serve. >> these are the hearings that are just getting underway. there will be friendly faces coming from the democratic side of the aisle, and less friendly voices coming from the republican side of the aisle. we're going to take a quick break and we'll be right back.

you are watching our continuing coverage of the confirmation hearings for loretta lynch. she has been tapped by the white house to be the nation's next attorney general. she has an impressive resume. she has prosecuted as we have been discussing many high-profile cases. john smith taking a closer look at her career. >> reporter: high school valedictorian, loretta lynch's star has long burned bright. now with lynch on the cusp of becoming america's first black female attorney general, will it be a path she blazed in her most prominent job that promises to

draw the most scrutiny. >> you have twice now given me the privilege of being able to serve you. >> reporter: while she lead the eastern district party affiliations made no difference. she did the same for staten island republican michael grimm. lynch also dealt with security threats. notching convictions against a young man who plotted to bomb her former employer the federal reserve, and against another who planned on bombing new york city subways. also they had a $6 million heist, the one featured in the move i have "good fellas." lynch has also tackled civil rights. >> one of her proudest achievements was the civil rights prosecution of the officers involved in the brutal assault of the haitian

immigrant. >> reporter: lynch's office secured a 30-year prison sentence for the officer who sexually assaulted the man with a broom handle. and she secured billions of dollars in judgments against citigroup and hsbc. >> i will wake up every morning with the protection of the american people my first thought. >> reporter: john henry smith, al jazeera. i want to go back to our two legal guests in studio with us right now. alan that was also your resume. so as we watch those organized crime, police corruption is she a tough prosecutor? >> it was her resume. yeah, she is tough. she is fair. she knows how to focus on the important cases and figures, and fulfill the mission of the department of justice, which is her main responsibility.

so yes, i think that's a good destrip description of her. >> you know what she does in her spare time? she kick boxes. she is tough. >> there you go. she is now being introduced by the senators from new york. >> -- when she was a girl so her daughter would never have to. well, their daughter grew up to be one of the keenest legal minds our country has to offer. someone who has excelled at every stage of her education and career while cultivating a reputation. if there's an american dream story, ms. lynch is it. and adding to the american dream story. ms. lynch's late brother was a navy seal. still despite her intellectual and career achievements she has always been a knows to the

grindstone type. she has earned a reputation for keeping her head down and avoiding the spotlight. just like me. [ laughter ] >> at just over 5 foot and with her consistent understated approach to the public spot light, some might underestimate miss lynch, but as hundreds of criminals have learned the hard way, looks can be deceiving. when you look at the breadth and depth of the cases she has handled it's clear she is law enforcement resawns person. despite the high-running

emotions that accompanied one notorious case ms. lynch was praised by lawyers on both sides, as well as community leaders and police officers for her balanced and careful approach. mr. chairman members of this committee in this age of global terrorism, the ag's role in national security has never been more important. it makes apparent that the confirmation of a new attorney general cannot and should not be delayed any longer. today we have already heard and will hear a lot more about issues completely unrelated to ms. lynch's experience and qualifications. no one can assail loretta lynch and no one has, who she is what she has done and how good of an attorney general she would be. instead some are trying to drag

extraneous issues into the fray to challenge her nomination because they can't find anything in her record to point to. let me be clear, attempts to politicize this nomination to turn this exceptional nominee into a political point-scoring exercise are a disservice to the qualified candidate we have before us today. i originally recommended loretta lynch for the position of u.s. attorney in 1999 because i thought she was excellent. sure enough she was. when president bush took office she went to the private sector but when i had an opportunity to make a recommendation to president obama, i called her. i was confident she would be drawn to answer the call to

public service. and sure enough her commitment was so strong that she called me back on monday to say yes. she passed unanimously out of the senate twice already. wouldn't it be nice if we could pass her unanimously out of the senate a third time in based on her record we should. mr. president if we can't confirm loretta lynch, then i don't believe we can confirm anyone. i would like to say the president's immigration policies are not seeking confirmation today. loretta lynch is. when we move to vote. hopefully sooner rather than later, you won't be voting for or against the president's policies policies. you will voting on the law enforcement professional. first rate legal mind and someone committed in her bones to the equal application of justice to all people. thank you mr. chairman.

>> senator gillibrand. >> thank you. i am honored to be here today to introduce united states attorney for the eastern district of new york loretta lynch, as president obama's nominee to serve as the next attorney general of the united states. to serve in this position requires deep experience in the field of law, a brilliant intellect, and a se -- steady moral compass. she meets all of those criteria. she is strong tough, independent, and fearless. i earn my colleagues to support her nomination. she is an outstanding candidate for this job. ms. lynch began her service in 1990 where she rose quickly to serve as chief of the long island office and then deputy

chief of crimes. she has been a prosecutor in the u.s. attorney's office for the eastern district of new york and has served admirable in that position. in that position she has demonstrated a superior sense of judgment and remarkable legal expertise. ms. lynch has dealt with an impressive array of cases on subjects ranging from civil rights to organized crime to terrorism. these are each issues that our new attorney general will have to engage in constantly from day one. her experience as a federal prosecutor in new york will undoubtedly serve her well. she is well qualified, and i believe deserves a quick confirmation process. thank you mr. chairman. >> it's now -- just as soon as the table is cleared, it's going to give ms. lynch an opportunity

to come and before -- >> when she takes to the microphone, it will be interesting -- we have been points out a lot of things about her background. they have just released a statement she will give. one of the things is that someone standings on the shoulders of the civil rights movement in they are an african american. she is a preacher's kid, her father during the 60s helped organize the events that became famous later on. i'll let you listen in for a second here as she is being sworn in so she can begin her testimony. >> thank you. the committee welcomes you, and

i know that it's an honor for all of us to have you before us but it's also an honor for you to be selected by the president and it's quite an honor for your family. so i would ask if -- before you make your statement, if you would like to introduce anybody to the committee and speak about them any way you want to and then if there's people that aren't introduced by you, that you would like to have their name in the record and you would like to submit their names, i would be glad to put that in the record. yeah i think the microphone is not automatic. >> thank you, senator. let me introduce for the record i'm delighted to welcome numerous family and friends here with me today. first and foremost my father the source of my inspiration in

so many ways the reverend lorenzo lynch. to his left is my husband, steven hargrove who has supported me in all of my endeavors, no matter how poor they make us. [ laughter ] >> immediately to his left is my younger brother, the reverend lynch who is the fifth generation of ministers in my family and my sister-in-law, nicole lynch. i'm also here with several other family members and friend who i would love to introduce, but i am informed you have a schedule for the afternoon. but i would like to say to them how tremendously gratified i am for their support. members of this committee, i'm honored to appear before you in this historic chamber, among so many dedicated public servants.

i want to thank you for your time this morning, and i also want to thank president obama for the trust he has placed in me my nominating me to serve as attorney general of the united states. it's a particular privilege to be joined by the members of my family that i introduced as well as the other family and friends who have come to support me. mr. chairman one of the privileges and in fact one of my favorite things in my position as united states attorney for the eastern district of new york is welcoming new attorneys into my office and administering to them the oath of office. it is a transformative moment in the life of a young prosecutor and one that i remember well. and as they stand before me prepared to pledge their honor, and their integrity. i remind them that they are making their oath not to me not to the office. not even to the attorney general, but to your

constitution. the fundamental foundation for all that we do. it is to that document and the i deals embodied therein that i have devoted my professional life. and i -- pledge to you today and to the american people that the constitution will be my lodestar as i exercise the power and responsibility of that position. i owe so much to those who have worked to make the promise of that document real to all americans, beginning with my own family. all of them and so many others have supported me on the path that has brought me to this moment. not only through their unwavering love and support but through the examples and values that shaped my upbringing. my mother who was unable to travel here today is a retired english teacher and librarian.

she still recalls people in her rural north carolina community pressing a dime or a quarter into her hands to help support her college education. as a young woman, she refused to use segregated restroom they did not represent the america in which she believed. she instilled an abiding love of literature and learning. my father who is here with me today is a fourth generation baptist preacher who in the early 1960s opened his church to those planning it is-ins and marches, standing with them while carrying me on his shoulders. he has always matched his principles with his actions, reminding me that we all gain the most when we act in service to others. it was the values my parents instilled in me that lead me to

the eastern district of new york and from my parents i gained the tenacity and resolve to take on violent criminals, and disrupt organized crime. they also gave me the incite and compassion to sit with the victims of crime and share their loss. their values have sustained me as i have twice had the privilege, indeed the honor as serving as united states attorney leading an exceptional office staffed by outstanding public servants and their values guide and motivate me today even today. should by confirmed as attorney general, my highest priorities will continue to be to ensure the safety of all of our citizens to protect the most vulnerable among us and to strengthen the vital relationships between the brave law enforcement officers and the communities they are entrusted to serve. protecting the american people

from terrorism must remain the primary mission. if confirmed i will work with colleagues across the executive branch to continue disrupting the catastrophic attacks planned against our homeland and to bring terrorists to justice. i will draw upon my experience in the eastern district of new york which is tried more terrorism cases since 9/11 than any other office. i pledge to discharge my duties always mindful of the need to protect, not just american citizens but american values.

if confirmed i intend to expand and enhance our capabilities in order to effectively present attacks in cyberspace so expose wrong doers and bring those perpetrators to justice as well. i'm proud to lead an office that has significant experience prosecuting complex, international cyber crime, including high-tech intrusions and key financial and public sector institutions. if i am confirmed i will continue to use the combined skills and experience of our law enforcement officers and the united states attorney community to defeat and hold accountable those who would imperrel the safety of our citizens through cyber crime. during my tenure as u.s. attorney the eastern district of new york has lead the

prosecution against financial fraudsteres who have callously targeted hard-working americans, including the death of the elderly. we have taken actions against abusers in over 100 child exploitation and child pornography cases, and prosecuted brutal international human trafficking rings that have sold sold victims as young as 14 and 15 into sexual slavery. if confirmed as attorney general, i will continue to build upon the department's record of vigorously prosecuting those who pray on those most in need of our protection and i will continue to provide strong and effective assistance to survivors who he must both support and empower. senators throughout my career it has been my signal honor to work hand in hand with dedicated law enforcement officers and

agents who risk their lives every day in the protection of the communities we all serve. i have served with them. i have learned from them. i am a better prosecutor because of them. few things have pained me more than the recent reports of tension and division between law enforcement and the communities we serve. if confirmed as attorney general, one of my key priorities would be to work to strengthen the vital relationships between our law enforcement personnel and all of the communities we serve. in my career i have seen this relationship flourish. i have seen law enforcement forge unbreakable bonds with community residents, and i have seen violence ravaged communities come object to to honor officers who have risked all to protect them. and i will draw all voices into this important discussion. in that same spirit i look forward to fostering a new and

improved relationship with this committee, the united states senate and the entire united states congress. a relationship based on mutual respect and constitutional balance. ultimately i know we all share the same goal and commitment to protect and to serve the american people. now i recognize that we have faced many challenges in the years ahead, but i have seen in my own life and family how dedicated men and women can answer the call to achieve great things for themselves for their country, and for generations to come. my father that young minister who carried me on his shoulders, has answered that call. as has my mother, that courageous young teacher who refused to let jim crow define her. standing with them are my wrinkles and cousins who served in vietnam. one of whom is here to support

me today. and my older brother, a navy seal all of whom answered that call with their service to our country. senators as i come before you today, i still standing -- stand on my father's shoulders, and on the shoulders of all who have gone before me. i believe in the promise of america, because i have lived the promise of america. and if confirmed to be attorney general of the united states i pledge to all of you, and the american people that i will fulfill my responsibilities with integrity and independence. i will never forget that i serve the american people from all walks of life who continue to make our nation great as well as the legacy of all of those who's sacrifices have made us free. and i will always strive to uphold the trust that has been

placed in me to protect and defend our constitution safeguard our people and standing as the leader and public servant that they deserve. thank you all once again for your time and consideration. i greatly appreciate this opportunity to speak with you today. i look forward to your questions and to all that we may accomplish in the days ahead, together in the spirit of cooperation, shared responsibility and justice. thank you for your time today. >> and thank you, ms. lynch for that statement. before my ten minute starts for the first round, i would like to talk to my colleagues for just a minute because of the 18 votes that are coming up this afternoon, the most important thing is getting this hearing over in one sitting, in one day even if it goes into the evening, i hope my colleagues will be cognizant of what we normally do between senator leahy and i, we're fairly

liberal on letting people go over, and whether we have five, seven, or ten-minute rounds in any hearing my practice is generally, if you have one second left you can ask a question and -- and -- but this time i would prefer that you kind of stick to the ten minutes, and i'm not very good at gavelling people down so take -- take care of my commitee will you please. i would like to make something clear, just for myself i can't speak for my colleagues and it takes off on two things. one on what you said about you wanted to improvement relationships with the committee and congress we welcome that very much. and that will be very, very helpful. secondly taking off on something senator schumer said and just speaking for myself if

i use this subject or that subject or another as -- as a basis of maybe questioning what the president or an attorney general has done i want it clear that that's not the issue for me now. the issue is whether or not the constitution or the laws have been violated or whether the justice department has acted in an appropriate way, so now i would start with my questions. on november the 20th last year the president said he would prefer leaving millions of immigrants in the country undocumented. if you are confirmed as an ex-attorney general, before you take office you will take a oath you will raise your right hand quote swear to defend the

constitution of the united states. your duty as attorney general is not to defend the president and his policies. your duty is your oath to defend the constitution. so first question with that oath in mind i ask you, do you believe that the president has the legal authority to unilaterally deportations in a blanket manner for millions of individual theres the country illegally, and permit them benefits regardless of what the u.s. immigration lasse -- laws say. >> thank you for the question senator. certainly, i was not involved in the decisions that lead to the executive actions that you reference, and i am not aware of -- at this point how the

department of homeland security has set forth regulations to actually implement that. so i can't comment on the particulars of what will happen. i have had occasion to look at the office of legal counsel opinion through which the department of homeland security sought legal guide lance there, as well as letters from constitutional scholars who have looked at the issue. and it seems to be a reasonable discussion along with the enforcement discretion of the agency. and i don't see any reason to doubt the reasonableness of those views. i do think, however, that the ultimate responsibility of the department of justice is to always when presented with issues by the white house or any agency to review those issues carefully, apply the relevant law, and make a determination as to whether or not there is a legal framework that supports the requested action, and i

found it interesting as i was reading the legal counsel opinion that some of the proposals that were set forth, the office did not in fact have a legal framework. so i do think it is very important that the department of justice through any of its agencies or in a direct conversation with the president or any legal cabinet, also be sure they are operating from a position of whether or not there is a legal framework that supports the requested action, and the advice must be thorough objective and completely independent. >> let me take off on one word you used discretion. and i assume that refers to prosecutorial discretion. if this is lawfully exercised on an individual basis, depending on the facts of a specific case

it is in fact case by case. so this is not so much a philosophical question as a practical question. what it doesn't allow anybody to do is to tell whole categories of people that the law won't apply to them going forward. no one disputes this. so what are the outer limits of the doctrine of prosecutorial discretions, and why don't the president's actions exceed those boundaries when we're talking about millions of people? how does this allow for a case by case exercise of discretion. >> senator, as i reviewed the opinion, and issues presented therein from my perspective in

applying those principles of the exercise of discretion i viewed it in a way in which the department of homeland security was seeking guidance on the way to prioritize the removal of large numbers of individuals, given that the resources would not permit removal of everyone who fell within the respective category. in looking at it from that perspective, the department of homeland securities request and suggestion that they in fact prioritize the removal of the most dangerous of the undocumented immigrants among us, those who have criminal records, those involved in terrorism, in gang activity violent crime, along with people who have recently entered and could pose a threat to our system seemed to be a reasonable way to marshall limited resources to deal with the problem. as a prosecutor however, i have had experience obviously in

doing similar things in finding the best way to attack a serious problem with limited resources, but as a prosecutor i always want the ability to still take some sort of action against those who may not be in my initial category as the most serious threat. and i didn't see anything in the opinion that prevented action being taken from individuals who might otherwise qualify for the deferral. again, i'm not aware of how the department will go forward and implement by regulation this matter i haven't had the occasion to study that and i don't know in fact if those are out. if i am confirmed i look forward to learning more about that process, and making sure we're using all of our resources to protect the american people particularly against the dangerous offenders. >> well, i think you are telling me that you can do it for a few thousand or a few tens of thousands of people that maybe have committed a crime or

something, but it seems to me to be common sense would dictate that it's impossible to do prosecutorial discretion for millions. let's move on. i would like to move away from the president's refusal to enforce the law and talk a little bit about this administration's failure to apply the law in an even handed way. according to -- this goes to the irs. according to the treasury department inspector general, that's not me the inspector general, the irs used inappropriate criteria to deny tax exempt status to predominantly conservative organizations, and slowed approval of their application. initially president obama remarked that any irs actions to target conservatives would be quote, unquote outrageous.

then last february the president said there wasn't quote even a smidgen of corruption of what occurred in the irs. yet a few months later in june the director of the fbi testified before the house judiciary committee that there was a quote very active unquote ongoing criminal investigation into the matter. so this brings me to these questions. i would like to know how to reconcile these two statements. if what the president said was accurate then why in the world would the fbi be conducting an ongoing criminal investigation? a rhetorical question. i would like -- i'm going to take director comey at his word. if there is an ongoing investigation, then how could it be appropriate for the president to reach the conclusion about the facts before director comey? >> thank you, sir. and let me state at the outset

with regards to the actions of any of the agencies of our government there is certainly no place for bias or fair fair -- favoritism or anything but the even handed application of the law. with respect to the irs investigation, i am generally aware that there is an investigation going on but it's not a matter that is being conducted by my office or that i have briefed on as united states attorney so i'm not able to comment on the status now. >> based on what you just said then i can shorten this up by asking you this question. >> you spent a career in law enforcement. when would it ever be appropriate for any president to know the results of a criminal investigation, and then comment on it publicly, while the investigation is still ongoing? >> with respect to this investigation or any other, i'm

not aware of the context or basis for the president's remarks, so i'm not able to determine whether or not they were in fact done after any evaluation of the investigation. so i'm not able to comment on that specific remark. certainly as part of the department of justice exercise of its powers whether at the u.s. attorney general level or here in washington. >> senator leahy thank you very much. >> thank you, mr. chairman. i have been fortunate that my native state of vermont has allowed me to serve her for four decades. i have listened in several different communities i have been on a lot of the statements by nominees. i cannot think of one that is so moving as your statement. and i intend to make sure i have

[ inaudible ] all members of my family and other friends. my years in law enforcement as state's attorney in vermont gave me a lot of respect for the difficult and dangerous work we ask police officers to do every day. i know the toll it can take on the officer and oftentimes on their families. >> yes. >> i've tried to support the work of law enforcement, keep our communities safe. they have to have the resources they need whether it's bullet-proof vests or funding for innovative criminal justice efforts. i have also been deeply moved by the tragic events in ferguson and new york. they have focused on what we know is the reality oftentimes -- or sometimes, strained relations between law enforcement and the communities they serve.

i appreciate your reference to that in your statement. but you have worked very hard as a u.s. attorney to bring both law enforcement and the communities together. could you elaborate on that a little bit more. >> yes, thank you, senator. i think you have raised one of the most important issue facing our nation today which is the need to resolve the tensions. in my experience as a prosecutor and united states attorney these tensions are best dealt with, by having discussions between all parties so everyone feels their voice has been heard. with respect to our brave law enforcement officers we ask so much of them. we ask them to keep us safe. we ask them to protect us literally from ourselves. and we ask them to do it often without the resources they need to be safe and secure

themselves. yet they still stand up every day and risk their lives for us. many of our community residents feel disconnected from government in general today, and when they interact with law enforcement transfer that feeling to them as well even if someone is there to help. what i have found most effect stif getting people together and simply listening to their concerns being open helping them see that in fact we are all in this together and that the concerns of law enforcement, a safe society, a free society, are the exact same concerns of every resident of every community there. >> and would you agree that that's something that has to be considered by not only the federal law enforcement, but by state and local law enforcement. and that the federal government can help the state and local law enforcement if that respect? >> absolutely senator. one of the most important roles that the department of justice plays is not necessarily it's

most visible role but the support we provide to state and local law enforcement partners. we try our best to provide them with the resources that they need to carry out their jobs safety and effectively. >> we all know that no prosecutor's office has the resources to prosecute every single crime before it and you have to decide which ones -- >> you are listening to our live continuing coverage of the confirmation hearings of loretta lynch to be the nation's next attorney general. these hearings are going to go on for quite sometime. so we're going to seize the moment to take a break. we'll be right back. you are watching al jazeera america. ♪

i'm del walters in new york. you are watching our continuing coverage of the confirmation hearings for this woman, she is loretta lynch. she has been tapped by the white house to succeed eric holder as the next attorney general in the nation. she says quote, i believe in the promise of america, because i have lived the promise of america. let's listen in. >> -- and has not been heard and used federal resources there as well. >> let me go into one that takes resources. we have had people say gosh you get terrorists and lock them up in guantanamo even though we know what that has cost the american people both in respect abroad and dollars. you successfully prosecuted a number of terrorism cases in the eastern district of new york. cases against individuals that were plotting against the

federal reserve bank so on. just this month you charged two al-qaeda fighters for attacking american troops in afghanistan and iraq. i have been impressed not only in your district but other parts of the country, where we have brought these terrorists to trial in our federal courts. we have shown the world we can do it. there have been convictions. bin laden's son-in-law being one. and then they have been locked up. >> senator it is certainly an important counter terrorism tool in the arsenal of tools that we have to deal with the every evolving threat. my view is if terrorists threaten american citizens here or abroad they will face am