reach out to the islamic world and create partnerships with lawyers and attorney generals and judges in the islamic world so we can understand them better and they can understand us. i'm excited about it and appreciate your support. now, justice scalia came out yesterday or the day before talking about, he thought it would be wise if we looked at the drug area. and see if we could reform it. i think he's right. i think we've federalized way too many crimes creating work for our judiciary that could probably be handled better at the state level. what do you think of the idea of revamping the federal criminal code and looking at maybe undoing some of the overfederalization? >> i've asked -- when i came into office, i've set in place a number of working groups to look at that problem. that issue. are we bringing the right people into the federal system? are the sentences that we have for the crimes that are federal ones appropriate?ack caine, and we finally fixed that, but that was sort of an indefensible

sentencing disparity. >> right.esulted in the lowering ofut s long overdue and i think was a great examplbut it was an example of, you know, republicans and democrats getting together and doing the right thing. not only for the system but something i think was morally right as well. >> and an area where we may disagree, we'll talk about the law of war later. we don't have time here. but the recess appointments made by president obama a while back to the nlrb. is there a situation similar to that in the history of the senate, or by a previous president, of appointing someone to a federal agency under those circumstances that you're aware of? >> well i mean, if you look at ce of legal counsel, they go through a variety of presidents. they look at the laws that exist, tradition. and the conclusion they reached given the length of the recess,

20 days or so, that the appointments were in fact appropriate. it is obviously something that the courts are going to ultimately decide, but i think that the olc opinion was accurately described. >> thank you. senator alexander will have a discussion with you. i take a different view. i'll let him discuss it with you. maybe last week a plea bargain with the military commission detainee who was one of the ksm close confitdantes. and i know mark martin is the chotf good defense team down there. i do support article 3 courts, terrorism trials where appropriate. i want to acknowledge your support for military commissions in appropriate circumstances, and with your help, i think more action coming out of guantanamo bay to get some of the so thank you for that support and to all those at guantanamo bay doing their job, you're going a great service. particularly the defense counsels.

>> i think that's right. i think people should understand when i sent people down for military commission treatmen revised commissions that exist, as i said in my speech at northwestern have many of the elements of due process that we consider vital to the american system. i think we have great defense lawyers down there. the military system doesn't get the credit it deserves for the fair way it deals with people and under the direction of mark martins, who is a person i've known for some time i think we'll be proud of the work they do. >> thank you very much, mr. attorney general. senator feinstein before senator anpryou and others for mentioning the cyberexercise yesterday and all who participated. next week we'll hear froe open hearing and then we're going to do a classified hel be an opportunity to ask many of your cyberquestions and go to a level of details i think the committee would like. so thank you. senator feinstein? >> thanks very much, madam chairman and welcome, general. i wanted to say the comments of senator mikulski and senator hutchison. to me the tragedy is that ted stevens died before he knew thisis

to a new low -- a new height. so i think this investigation is really important, and i think that actions have to be taken, that. what -- i wanted to follow-up on it's my understanding that available in the united states than demand calls for. and as a matter of fact, surplus is being sold outside. this, i think, would bring to special attention the issue of study that you're doing is going to take a good look at the financial marketplace regard to its ability to impact price in this way. >> well, as i said, the oil and last year as part of the prrcement task force has been meeting. it just happens that they are having a call today, meeting, either tomorrow or on, the full committee will be getting together to look at the full issues you've raised a >> good. thank you. as you know, title 7 of the foreign intelligence

surveillance act expires at the end of the year. thisets outside of the united states. senator mikulski and i both serve on the senator intelligence committee, and of the government's use of these surveillance authorities. and look forward to working with you to make sure congress can reauthorize title 7 well before the end of 2012. we need to maintain the collection of crit certainty to intelligence that don't follow this issue closely, could you explain the tle 7 of efforts taken to protect the civil liberties and privacy of americans as this title is carried out? >> well, the surveillance authorities that are in the fisa amendments act are absolutely critical to our national security on a day-to-day basis. i authorize fisas, head of the national security division does, sometimes the deputy attorney general.

it is a critical tool we have in keeping the american people safe, and so the administration strongly supports the reauthorization, and as you indicated, hopes that it occurs well before the end of the year so that the certainty that is needed by the men and women who are in our intelligence community will have some degree of assuredness that those tools will remain there and that our fight against those who do harm to the united states can continue. >> thank you. your enormous help and the help of the fbi with respect to national security. people located around the united states essentially doing intelligence work. so that transition has been effectively uller at our worldwide threat hearing indicated to us in the past year there have beenunited states of people in this country planning or participating in attempted terrorist attacks, and as you mentioned in your reasons

testimony, um mar faroukd to life in prison. now, i also want to say that even though its specific activities are classified, in yorogation group, or the h.i.g. as we call it. i n say that we've seen the ence, the h.i.g. is producing, and earlier this week, also four principle members were charged with groups anonymous and a fifth member i think we have to begin to look we now have a counterterrorism center, we now have homeland security with intelligence, and we also now have the fbi, and so i hope you will take a look at that, because the dollars are precious, and we're already experiencing cuts in the intelligence budget.

so here's my question. what are in the what will that mean for counterterrorism, and are there any gaps in our efforts? >> no. i think that we have adequate amounts of money contained in the budget that we have requested. if you look at the amount of money that has gone to the fbi for the national security sphere i think since 2001 about a 300% increase. it might be even more than that. i mean 300% for the justice department. for the fbi it might have been about 400%. a really substantial increase over the course of the last ten years or so. and even with the flat budget that we essentially have for the justice department and its components including the fbi, i think we have adequate amounts of money to keep the american people safe. and i will tell you to the extent that i feel that is not the case, my voice will be heard.

we have no greater responsibility than keeping the american people safe. >> good. thank you very much. thank you, madam chairman. >> sent of it. senator alexander? general holder, welcome. it's good to see you. i was thinking about a conversation we had during your confirmation about griffin bill for whom you worked and i know you admired him. i certainly admired him. i was a law clerk when he was judge and one of the things he say and which i have heard you say i think too is that the attorney general is the lawyer for the united states, not just the lawyer for the president. in the following up senator graham's comment on the so-called recess, i want to ask you a question. as the lawyer for the united states, if the president called you up and said, general holder, i noticed the senate's gone into recess for lunch. i've got a supreme court nominee i want to appoint. can we put him on the court without their advice and consent what would your answer be? >> gone to lunch?

that would not be a sufficient recess. >> what if he said they're going to lunch. they're going to recess for lunch and for dinner. they won't be back until tomorrow. would that be a sufficient recess? we're getting at, if you look at that olc opinion. >> no. i'm asking your opinion, mr. attorney general. >> i associate myself with that olc opinion. >> meaning you agree with it? >> with the olc opinion? >> yes. >> you do agree with it? >> yes. enate can decide when it's in session for purposes of advice and consent? look at the reality, the totality of the circumstances in determining whether or not the senate is has the determination made by olc was that given the -- look at that, mr. president, was your deputy solicitor wrong when we told the supreme court in a letter that two senate may act to foreclose recess appointments by declining to recess for more than two or three days at a time? and was senator reid in 2007 when he devised the plan for pro formula three-day

sessions because he said he heard senator reid said on july 28 -- well, november 16, 2007, with the thanksgiving break looming the administration is informing he want to make effort is recess appointments. as a result i'm keeping the senate in pro forma to prevent appointments until we get back on track. and the next year he said we don't need to vote on recess. we'll just be in pro forma session. president bush didn't like it but respected it. so are you saying that the president, notpointment? >> i think one, what we have to do and what we have done in this olc opinion is look at history. look at precedent. look at the law. use some common sense when it comes to the approach of whether or not the senate is actually in session. >> was senator reid wrong? >> well, the determination we made here was that with respect to that 20 days in which t sessions were occurring, those were in fact -- >> the senate decided it was in a three-day session according to the formula. was reid wrong an about that? >> i'd have to look at that period, but given the facts

that were presented to the olc in this instance i think the determination that they made was correct. >> so the president may not -- i don't see why the president couldn't look at t'm going to send up a supreme court justice and i'm going to skip advice and consent. i'm astonished by this, really. and i would think democratic as well as republican senators would honor the reid formula that president bush honored. same thing in january, and the president nevertheless made four appointments during a time when constitutionally he shouldn't have, according to all the precedent that i've seen. >> the only thing i'd correct is that the determination was not made by the president. the determination was made by the office of lega the president, and the president made the decision as to what he wanted to do -- >> he made the decision not to respect the senate's decision about when it's in session or when it's not, whi blatant lack of regard for the constitutional checks and balances and something we ought to avoid. may i ask quickly a question,

last year the department found money to support the work t methamphetamine. and i compliment the department for that. i know it's getting increasingly harder. in our state, we had the highest number of meth abmoney's running down, state's increasito try to help states that are working on this as you were able to do last year? >> we are certainly going to try to d i know one of the things we have certainly seen with regard to the cleanup of meth sites, there have been a number of these container activities, and i think, i think this is right. tennessee is actually a leader in that effort. >> yes. >> there have been a number of things and instead of it costing, $300, $400, $500 coming down to $20 or $30.omething to extrapolate and use in other parts of the un >> thank you, general holder. >> senator lautenberg? >> no, i think -- >> oh, i'm sorry. wait. wait.

it's a little rock 'n' rollin' leahy, the chair of the judiciary committee, and then senator lautenberg. >> thank you, madam attorney general holder, good to have you here. my good friend from tennessee, senator alexander said, on the recess appointment. there is an easy way out of all of this. require a little cooperation on both sides. and i suggested this in the president resubmit theminations and republicans agree to have an up or down vote within a week or two weeks. the president did this even though you had -- knew there was more t normally what it takes to confirm somebody available, my friends on the other side of the aisle were blocking having a vote. i understand the president's frustration, but i think the if the republican leadership would agree to an up or down vote say within a week or two weeks. whatever amount of time is needed for debate. and resubmit them and have an up or down vote. that takes care of all the problem. i just would suggest that as an

easy way out. it's not as much fun on the talk shows, but -- now, mr. attorney general, the department your department administers many crucial grant programs that help victims in law enforcement involved in, the violence against women act programs. know, senator crapo and i have a reauthorization bill on that, cops grants. the bullet-proof vest partnership program. government accounting office has said there's appliance of duplications and inefficiencies in some of the grant programs. will your department work to make sure there are, if there are any duplications that they be removed and that we -- we go forward? but there's only so much money to go around. >> that's exactly the problem we have and we have to make sure the limited amounts of money to

go around and make sure there's office of violence against women regularly meet to coordinate their programs, their activities. and i think one thing that people should not assume is because you see the word "victim" in a number of the things that we do in the department, that necessarily means that the money is being -- is being -- that we're duplicating efforts there. they have very distinct responinbito make sure that the money we have is being used in an efficient and appropriate way. >> and one of the things i'm very proud of, from my team here in the senate, is a bill that i wrote with then senator nighthorse campbell on bumper-to-bumper bulletproof vests. so much so that i've walked down the street in denver, colorado a year ago, a police officer came up, asked if i was, who i am. i said, yes. he just tapped his chest and said, thank you. but we've been told by the galo

that there is some been obligated bulletproof vest partnership grant program. law enforcement especially communities where they do not have the budget to buy the bulletproof vest, $500, $600. can you check to make sure these fund areeds quickly as possible? >> to the extent that fund were not drawn down we are ta jurisdictions to use those, unused have the time period with which they can draw down extended so we c >> i would reiterate what i told you when we chatted earlier this week when i was in vermont about your, your speech earlier and guided drones and targeting of u.s. citizens. i still want to see the office

of legal counsel memorandum. and i would urge you to keep working on that. i realize that is a matter of some debate within the administration. >> that would be true. >> please keep my staff and me updated in the progress of the review of the nypd surveillance ofl. >> and lastly i wrote to you and secretary of homeland security janet encourage you to hold marriage based immigration petitions for same sex couples, the decision the defense against marriage act, may be granted individual reconsider the administration's position. we have case, i have written to francis herbert and they're married in vermont, lawfully, a

number of marriages are legal. but thanen they run up against the immigration problem. please r will look at the case and get back to you, senator. senator. >> thank you very much, ma chairman welcome a. toernttorney general holder. getting easier and i'm not blaming you, just sympathizing. >> good observation. >> not so much that i won't ask for more because we are doing with less. we see it in my state of new 6 gun murders in 2010. 12% more than the previous year. we have hlayoffs galore and from cities that can't afford to maintain their -- their police force structure. and so -- when i look at

things -- that -- that we're doing, i worry we can do to -- to from your department, from others. what can we do to help these communities, state budget cuts have caused newark, camden, other cities in new jersey to close their police forces atlice force in camden. over 1of police officers in newark. december i wrote asking if you would provide federal federal resources to assist our ailing cities. and i am pleased -- general, to see an increase department of justice planning other steps that we can use to help protect new jersey from violent crime? >> well we areat in terms of cops grants we do the best that we can there. i think we have a substantial amount of money in the budget. i note that i spoke to the mayor of camden at reception saw her.

we have certainly, with regard to camden, in 2011 made available moneys to h$3.79 million. 2010, 19 officers, and we'll be looking at that kind of unique situation again this year. we certainly are putting into new jersey and in other places task forces so helping to the extent that we, that we can. as well. there are a variety of ways in which the federal government can help given the economic situation that many cities around the country are facing. we want to be good partners in that way. camden is a place that i think is deserved special attention given the unique problem that we see there. >> can i ask -- ask your view on whether or not you think we are doing enough between your department, the fbi, state local police people?

are we doing enough based on what we see with the statistics? do you think that we are doiappropriately? >> well, i think that we are -- yo historic lows 40 50-year lows. yet i am troubled by the number of police officers for instance who have been killed in the line we have seen a 16%. 20% increase there. and i think is something that we have to work on the i am concerned about the fact that all the numbers of murders are down, 67% firearms. i think that is an issue we have to the wrong people have access to guns them in, inappropriate ways. targets are offices us. we have to protect them. laws? the man who shot congresswoman giffords last year used a gun with a high capacity people, wound 13. it was only when he fired alld in his clip that people were able tohim. and these high capacity magazines were banned congress

until 2004. last year you said you thought reinstating this ban should be examined. what's the result of that examination? >> well we are still in the process of working our way through that. i think there are measures we need to take. we need to be reasonable understanding there is a second amendment right with regard to firearms. but even the descent inns can be placed on the use of weapons. i think what this administration tried to do is come up with ways in which we are respecting respecters of the second amendment and yet come up with reasonable appropriate, firearms laws that that will ultimately protect the american people. >> madam chairman, your indulgence for one more question, please. over the past several years, the new york police department has been engaged in surveillance of new jersey's communities and searching for those who might be

accused of terror. governor christie newark mayor booker, both, both each,unaware of this large scale investigation. how can the law enforcement agencies spy on another states residents without notifying the authorities that that governor, it? >> i don't know. we have -- we are in the process of reviewing the letters that have come in -- consaernz bout -- those matters are -- their various components within the justice department actively looking at these matters. i talked to governor christie, saw him at a reception, couple days or so concerns he had. he publicly expressed his concerns as only he can. i think at least what i have read publicly, again what i read in the newspapers is disturbingch thesedisturb inging. these are things under review at the justyou, general holder, madam chairman. i assume the record will be kept open. >> the record will be kept open for questions.

we then ask the department to respond within 30 days. senators may submit additional questions, we ask the department to respond within 30 days. before i recess the committee, i am going to conclude the hearing the way i began. as i listened to the questions, answers, the budget in the short time that we have to, to review i want to end the hearing the way i began. women who work at the justice department. i have been on this subcommittee a it's buneen a great blessing and great honor. when i think about it the way the scope and complexity of what our citizens and our