Mississippi

Democrats: Ignore ‘blue slip’ custom to get federal vacancies filled in Republican states like Mississippi

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U.S. Rep. Bennie Thompson, D-Miss., and different Democrats in Washington are urging President Joe Biden to ship federal appointments for the U.S. Senate’s approval, no matter prior consent from senators within the nominees’ respective states.

Biden must ignore a longstanding custom known as “blue slips” – varieties that senators undergo the Senate Judiciary Committee to affirm they’ll vote to approve the president’s candidates for vacancies of their dwelling state.

This issues most in states with a number of Republican senators who’re withholding their blue slips, stalling Biden’s nominations from transferring by means of affirmation.

“It’s a customized fairly than something that’s in regulation. So it’s actually a grey space. And on this occasion, individuals who help Democrats are getting penalized on this course of,” Thompson, the one Democrat within the state’s congressional delegation, informed Mississippi At present on Tuesday.

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Mississippi has 5 federal vacancies. Within the fall, Biden made nominations for 4 of the positions – federal choose for the Northern District, U.S. legal professional for the Southern District and two U.S. marshals – however Sens. Roger Wicker and Cindy Hyde-Smith didn’t return blue slips for any of them. Biden needed to just lately reissue the nominations, together with dozens extra in different states, to the present Congress on Jan. 23. Biden has not made a nomination for the U.S. legal professional within the Northern District.



Biden’s nominations embody Scott Colom, a district legal professional in north Mississippi, for the U.S. district choose within the Northern District; Todd Gee, deputy chief of the Public Integrity Part of the U.S. Division of Justice, for U.S. legal professional within the Southern District; Dale Bell for U.S. marshal within the Southern District; and Michael Purnell for U.S. marshal within the Northern District.

Gee, a Vicksburg native, would oversee the workplace at the moment prosecuting the Mississippi welfare fraud case involving the misspending or theft of at the very least $77 million in federal funds supposed to serve the poor.

Scott Colom, the district legal professional for Columbus and surrounding counties Credit score: sixteenth Circuit Courtroom web site

Colom, a Columbus resident, has been the district legal professional for the sixteenth Judicial District, which consists of Lowndes, Oktibbeha, Noxubee and Clay counties, since 2016. He beforehand labored for the Mississippi Heart for Justice and was a municipal court docket choose.

Wicker has voiced his help for Colom, however that doesn’t seem to have hastened the affirmation course of for the district legal professional.

“Rapidly, individuals who construct a profession, do what’s proper locally, exhibit management traits that different folks can determine with, and get a possibility to be elevated to the next stage primarily based on the laborious work that they’ve carried out over their careers, and politics denies them of that chance,” Thompson stated. “And we’re a greater nation than that.”

A spokesperson for Wicker wouldn’t say whether or not the senator supported Biden’s nominations, directing Mississippi At present’s inquiries to the White Home and Senate Judiciary Committee. Hyde-Smith’s workplace didn’t return Mississippi At present’s e-mail Tuesday.

The White Home didn’t reply to an e-mail Wednesday.

There isn’t any official rule or process in Congress requiring the usage of blue slips, Thompson stated. 

And there’s some precedent for rejecting the customized. President Donald Trump did away with blue slips for his judicial appointments to circuit courts of appeals, the second highest courts behind the U.S. Supreme Courtroom.

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“My private view is that the blue slip, with regard to circuit court docket appointments, ought to easily be a notification of the way you’re going to vote, not the chance to blackball,” then-Senate Majority Chief Mitch McConnell, R-Ky., stated in a 2017 interview with The New York Instances.

In remarks on the Senate ground Tuesday, Minority Chief McConnell ridiculed Biden’s judicial nominees.

Some Democrats are arguing that the president’s social gathering shouldn’t use the failure of Republican senators to return blue slips as a cause to develop into complacent about unfilled vacancies. 

“I believe they (Democrats) have mainly allowed the customized to get in the way in which of fantastic folks having the ability to serve in these prestigious positions,” Thompson stated. “I believe they’re acquiescing to an arcane customized that, on this occasion, has no foundation in regulation to begin with.”

Nationally, dialogue round stalled federal appointments has centered on judicial vacancies, contemplating the ability that these lifetime appointments maintain in shaping authorized precedent and influencing public coverage. At the moment there are 88 whole choose vacancies and 41 pending nominations.

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However the U.S. legal professional and U.S. marshal vacancies are consequential in their very own proper.

Thompson backs the nomination of Gee, who beforehand served as lead counsel on the Home Homeland Safety Committee that Thompson chaired. 

If confirmed, Gee will inherit Mississippi’s blockbuster welfare scandal, wherein two key defendants have pleaded responsible and flipped to assist the prosecution.

However for the reason that preliminary arrests in 2020, federal authorities haven’t criminally charged any extra folks. Sources near the probe have questioned whether or not the U.S. Lawyer’s Workplace is prone to take the step of charging new figures within the case earlier than gaining a everlasting chief.

And but, when requested concerning the welfare investigation, Wicker informed WLOX in August, “It’s not one thing I can have any impact on in Washington.”

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“It is a state matter,” Wicker stated within the WLOX report, which was following Mississippi At present’s reporting about Gov. Tate Reeves’ connections to welfare purchases focused in ongoing civil litigation. “It’s simply not one thing that I’m actually certified to speak about.”

Final 12 months, Thompson wrote a letter to the U.S. Division of Justice, following the revelations in Mississippi At present’s sequence “The Backchannel,” urging federal authorities to analyze former Gov. Phil Bryant’s function in welfare misspending.

“The Backchannel” revealed for the primary time that welfare funds made to former NFL quarterback Brett Favre’s pharmaceutical firm Prevacus – the Florida firm on the heart of the preliminary prison indictment – had been made in plain sight of Bryant, and that Bryant even agreed to just accept inventory within the firm after leaving workplace. 

Whereas the 2020 prices by Hinds County District Lawyer Jody Owens described criminal activity relating to investments into the drug firm, officers hid details about Bryant’s involvement from the general public till Mississippi At present printed non-public textual content messages between Bryant, Favre and the founding father of Prevacus final April.

“The truth that 100% of the TANF monies concerned had been federal monies signifies that the U.S. Lawyer’s Workplace ought to have been aggressively prosecuting these people. And that has not been the case,” Thompson stated. “They’ve really deferred to the state workplace to deal with federal prosecutions. And there’s a query as as to if or not Hinds County has the assets to pursue the entire areas crucial in that swimsuit. I’m satisfied that the funding of these TANF monies that went into the Florida drug firm actually must be pursued. However you’ve received to have the workers on board or the attain, like a U.S. legal professional’s workplace in Florida, to cross it off with the FBI and others to analyze it and convey it again. I’m simply not sure {that a} native district legal professional’s workplace has the attain or the funds … to provide it what it wants.”

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Whereas the native district legal professional’s workplace continues to be a associate within the ongoing investigation, the U.S. Lawyer’s Workplace within the Southern District is the lead prosecutor. It’s the workplace that almost all just lately secured a responsible plea on new federal prices in opposition to the previous welfare director, John Davis, in September. 

However greater than two years into Biden’s administration, the workplace nonetheless lacks a everlasting chief at its helm.

“It signifies that the only largest prison motion that occurred in our state is being haphazardly pursued in a way that every one the people who find themselves responsible and concerned, doubtlessly, won’t ever get delivered to trial, due to that lack of management within the Southern District workplace,” Thompson stated.

“Look, if we will prosecute single girls in Mississippi for meals stamp fraud, certainly we will prosecute everyone concerned in a multimillion greenback rip-off of federal funds,” he added.

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