Nod From Senator Feingold Paves Way to Mauskopf Vote

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The New York Sun

The Senate Judiciary Committee could vote as early as today on the nomination of the U.S. attorney in Brooklyn, Roslynn Mauskopf, to the federal bench. If she is confirmed, it is not yet clear who would replace her in one of the top prosecutor jobs in the country.

Ms. Mauskopf’s nomination has been stalled for the past 11 months, most recently due to her unwillingness to answer questions from a senator on the Judiciary Committee about the recent surge of death penalty charges brought by her office. Senator Feingold, a Democrat of Wisconsin, had asked Ms. Mauskopf to disclose in which cases she had recommended seeking the death penalty. The decision to bring capital charges is ultimately made by the U.S. attorney general, and the recommendations from local prosecutors are generally presumed secret.

Now, nearly three months after Ms. Mauskopf initially declined to answer the questions, Mr. Feingold, who opposes the death penalty, says he is willing to support Ms. Mauskopf’s nomination for a district judgeship in Brooklyn. He says the Justice Department had supplied answers to his questions.

“Having now had the opportunity to review her record, I am satisfied that Ms. Mauskopf has not over-zealously pursued the federal death penalty as U.S. Attorney,” Mr. Feingold said in a statement. “I have no objection to her nomination moving forward at this time, and I plan to vote in favor of her confirmation.”

Spokesmen for the Justice Department and for Mr. Feingold declined to disclose the content of the answers provided by the Justice Department.

“Ms. Mauskopf is a very well-qualified nominee and we hope the committee will vote her out expeditiously,” a spokesman for the Justice Department, Erik Ablin, said.

Prosecutors under Ms. Mauskopf have successfully gotten a death sentence in one of the three capital trials in Brooklyn in the last year. Eight untried defendants currently face the death penalty in Ms. Mauskopf’s district. At least one U.S. attorney office, located in Los Angeles, has more capital charges pending.

Ms. Mauskopf’s nomination is listed on the Judiciary’s Committee’s calendar for today, although the committee might not get around to discussing it until the end of this week.

Ms. Mauskopf has served in her present post since 2002. Previously, she was the state inspector general under Governor Pataki.


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