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Senator Frist, our Majority Leader, joins me in that welcome. He is at least as enthusiastic as I am about it. He had a lot to do with your being here. He has a lot of duties as the Majority Leader today, so he sent his warmest wishes and a message which I am going to leave with the committee, which will reflect his enthusiasm for your presentation.

Just very briefly, Dan Breen and Tom Varlan have been nominated to be United States District judges for the two ends of our State, the Western District and the Eastern District of Tennessee, which are very different parts of the world. But while they represent different parts of our State, they come with many of the same kinds of credentials. They both have exceptional academic records. They both have lots of practical experience in the practice of law and in judging. They both are extremely active in their respective communities. And they both have wide respect among members of the bar and in those communities.

Judge Breen is the United States Magistrate Judge for the Western District of Tennessee now. He graduated first in his class in college. He has the highest rating from the American Bar Association. He has been an author and he is well known for his thoughtful judicial temperament, and it is a great privilege to be here to recommend him.

Tom Varlan in the same way graduated with the highest honors at the University of Tennessee and Vanderbilt University. He has been in the private practice of law. He has been law director of the City of Knoxville. He comes to the bench, as does Dan, with real practical experience and respect for the law.

I used to say when I appointed judges that among the things that I hope they would remember is that once they ascend the bench for a long term, in this case a life term, that they would remember to be courteous to all those who came before them. And I think that is important as any other qualification. But on behalf of the people of our State and Senator Frist and myself, it is a great honor to recommend two such exceptional men as Tom Varlan and Dan Breen, and I am delighted they are here with their families.

Senator SESSIONS. Thank you, Senator.

Senator Specter, I would recognize you for your comments at this time and would note that Senator Specter, of course, is a senior member of this committee, himself an outstanding practicing attorney and prosecutor, and just a very knowledgeable person in the law. Senator Specter?

STATEMENT OF HON. ARLEN SPECTER, A U.S. SENATOR FROM THE STATE OF PENNSYLVANIA

Senator SPECTER. Thank you very much, Mr. Chairman. Just a comment or two.

I welcome all of the nominees and their families and others who are here today. Do not be surprised at the number of Senators who are here because this is a very, very busy day. As you doubtless know, we have the nomination of Miguel Estrada on the floor. We are finishing up the omnibus appropriations bill. And there are many, many competing hearings. But we will follow what is going on very, very closely on the nominating process.

Senator Alexander articulated a chord which is worth just a minute. When I was here in this room back in 1982 on the nomination of two Pennsylvania judges, Judge Caldwell and Judge Mansman, Senator Thurmond, who was the Chairman of the committee, said, in his inimitable Southern drawl, "If confirmed, do you promise to be courteous?" And I translated that to be, "If confirmed, do you promise to be courteous?"

[Laughter.]

Senator SPECTER. And I said, What an unusual question. What does Senator Thurmond expect the nominees to say but yes? And then he added to it, "Because the more power a person has, the more courteous the person should be."

Senator Sessions understands that.

Senator SESSIONS. That is pretty close. [Laughter.]

Senator SPECTER. He is from the South where they understand this dialect, frequently articulate it themselves. The more power a person has, the more courteous the person should be. Whenever Senator Thurmond is not here—and he has, of course, left the Senate, an extraordinary record-I take a moment to say that, because when you become a judge and you have litigants and lawyers who appear before you, it is not unusual to be a little distressed with some of the things that go on. And that is a great admonition. And on the selections which Senator Santorum and I make on our judicial nominating panel for Pennsylvania, we are very, very concerned about that item.

Senator Allen just walked in, and I always make it a point when Senator Allen walks in just to finish the sentence.

Senator ALLEN. Go ahead.

Senator SPECTER. I just did. Thank you, Mr. Chairman.

Senator SESSIONS. Thank you, Senator Specter. Wise comments. Senator CHAMBLISS. Mr. Chairman?

Senator SESSIONS. Senator Chambliss?

Senator CHAMBLISS. Before you leave Judge Breen and Mr. Varlan, as a graduate of the University of Tennessee myself, I notice they are both graduates of that fine institution, so I am very confident that their educational background will make them excellent judges. So I am pleased to look forward to their confirmation. Senator SESSIONS. I have no doubt of it.

Senator Allen?

PRESENTATION OF TIMOTHY C. STANCEU, NOMINEE TO BE JUDGE OF THE UNITED STATES COURT OF INTERNATIONAL TRADE BY HON. GEORGE F. ALLEN, A U.S. SENATOR FROM THE STATE OF VIRGINIA

Senator ALLEN. Thank you, Mr. Chairman.

Senator SESSIONS. You didn't get caught in traffic also, did you? Senator ALLEN. No. This is my fourth meeting of the morning. Senator SESSIONS. I am hearing that. I had a note here that several of our members are having trouble in some traffic snarl. We probably need a new bridge to Virginia, I am sure.

[Laughter.]

Senator ALLEN. Or at least widen the 14th Street Bridge. It is important for national security and homeland defense.

Senator SESSIONS. I have no doubt.

Senator ALLEN. This is about the fourth or fifth event of the morning for me. I am delayed because I am on the Commerce Committee, and we are having a hearing with Mr. O'Keefe on the NASA disaster of the Columbia. So thank you for fitting me in here, Mr. Chairman and members of the committee.

I am here for the privilege of introducing an outstanding gentleman from Arlington, Virginia, for your consideration as the President's nominee to be a judge of the United States Court of International Trade. That gentleman is Timothy, or Tim, Stanceu. He is an extraordinarily well-qualified individual for the appointment to this important Court of International Trade. He is recognized as an expert in many of the issues that are under the jurisdiction of the CIT through his extensive experience both in Government and in public service as well as in the private sector.

Mr. Stanceu served in the public sector from 1974 to 1989 in the U.S. Department of Treasury as the Deputy Director of Trade and Tariff Affairs and as the Special Assistant to the Assistant Secretary for Enforcement and Operations. His responsibilities in these positions included regulatory and policy issues involving the U.S. Customs Service.

For the past 13 years, Mr. Stanceu has been with the Washington law firm of Hogan and Hartson. Most of his practice has involved customs laws, antidumping, and countervailing duty proceedings.

Mr. Stanceu has also represented clients before the Customs Service, the Office of the U.S. Trade Representative, the Commerce Department, the International Trade Commission, the foreign trade zones issues as well, and the Court of International Trade, the very court to which he is nominated to serve.

Mr. Stanceu is also a frequent lecturer and instructor on customs and other international trade law topics at the University of Maryland Law School.

If you all look at his very distinguished career in public and private service in those positions, I cannot imagine the President finding a more qualified person on the face of the earth to be serving in this important Court for International Trade. And I understand Mr. Stanceu's family is also with him today: his wife, Mary, who is an Assistant U.S. Attorney; Mitzi Mewhinney, his mother; and Dick Mewhinney, his stepfather; and Patrician Hallissy, his sister.

Unfortunately, Mr. Chairman and members of the committee, this new job will require Mr. Stanceu to move from Virginia to New York City, where the court is located, meaning he will no longer be a resident, I suspect, of our wonderful Commonwealth of Virginia. But I am sure the Senator from New York will make him feel very welcome in New York City.

Senator SCHUMER. I will welcome him to New York State.

Senator ALLEN. Okay, that is a nice way of saying it. If that will help move him through expeditiously, Mr. Chairman, again, it is my pleasure to present to this Committee an outstanding, truly exceptional individual with the background, the knowledge, and capabilities to serve us on the Court of International Trade. And I think that you will recognize that as you interview him, look through his

record, and I hope you will be able to, as promptly as practicable, move his nomination for confirmation.

Thank you, Mr. Chairman and members of the committee.

Senator SESSIONS. Thank you, Senator Allen. I know you do have to get back to the hearing on science.

Senator ALLEN. Thank you.

Senators Chambliss or Schumer, do you have any opening comments you would like to make?

Senator SCHUMER. No.

Senator CHAMBLISS. No.

PRESENTATION OF WILLIAM H. STEELE, NOMINEE TO BE DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF ALABAMA BY HON. JEFF SESSIONS, A U.S. SENATOR FROM THE STATE OF ALABAMA

Senator SESSIONS. I would make my remarks today in reference to Judge William Steele.

Judge Steele served in the Marine Corps, was a helicopter pilot, completed his tour of duty, came to the University of Alabama School of Law and got his degree there, did well. He came to Mobile and worked for the District Attorney, Chris Galanos, who was a Democratic administration, rapidly rose to his chief assistant. During that time I was United States Attorney, and my staff and Chris Galanos' staff worked together on quite a number of cases, some big cases, one of them being the terrible murder of Michael Donnell and hanging of his body in Mobile by a Klan group, and we worked together through those intense days. And Bill Steele, according to all the people in my office and my personal observation, was just a rock of integrity and judgment in those times. So when we had the opportunity, I was able to hire him as an Assistant United States Attorney. He worked in my office for a couple of years and then went into private practice.

A vacancy became available for the position of United States Magistrate Judge, which in the Southern District of Alabama is a very important position. It is important in most districts, but I don't think there is a district in America that demands more of the magistrate judges, calls on them to do more complex work than in the Southern District of Alabama. A very competitive position, probably 40 or 50 or 60 people applied. The judges in that district, knowing they are going to rely on the magistrates for important matters, take that selection process very seriously, and he was selected on merit for that position, and since then has served with extraordinary skill and capability, winning support throughout the area for his judgment and integrity.

I just thought I would mention a few things that you hear from the local community about his abilities. Virtually all the-the present president of the Mobile Bar Association and the other members, former presidents of the bar have endorsed him. The Vernon Z. Crawford Bay Area African-American Bar Association in Mobile gave Bill Steele their unanimous endorsement, saying, "The Association strongly recommends Magistrate Bill Steele for the position because he recognizes and is sensitive to the issue facing African-American lawyers and the African-American community. We give Magistrate Steele our highest recommendation."

Major General Gary Cooper, retired from the U.S. Marine Corps, the first African-American Marine general, President Clinton's Ambassador to Jamaica, grew up in Mobile, said, "As an AfricanAmerican citizen of Mobile and as a retired Marine, I appreciate what William Steele has done for his community as a county and Federal prosecutor, as a Federal magistrate, and what he has done for his country as a Marine helicopter pilot. His record indicates he will make a fine judge.

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Carlos Williams, Chairman of the Southern District of Alabama Federal Defender Organization, an African American, noted that, "During the years I have practice in Judge Steele's court, I have come to know a jurist of integrity, professionalism, and compassion and have grown to respect his judgment. I note that every lawyer in my office-Christin Gartman Rogers, Kay Lynn, Hillman Campbell, Christopher Knight-in unsolicited comments have expressed their support for his nomination. It is, therefore, without hesitation that I send this letter of support of Magistrate William Steele's nomination to the United States Court of Appeals."

That group is the one that defends the criminal cases in Federal court. They have an opportunity to know whether a magistrate judge is fair or not. And I think that was a strong comment.

But I will just mention this, one more before I-a couple more comments I think I will make. I just have so many.

Merceria Ludgood, assistant county attorney now for Mobile County, and former program director for the Legal Services Cor-poration in Washington, D.C., and a former executive director of the Legal Services Corporation for the entire State of Alabama, an African American, made this comment, and it captures him so well: "Magistrate Judge Steele is one of the finest men I have ever known. Never once have I believed his actions to be motivated by politics or ambition. He simply wants to do the right thing for the right reasons." And that is the Bill Steele that everybody knows in the Southern District of Alabama who practiced before him.

I would note that he has support from a host of other people, including the bar. Greg Breedlove, on behalf of the law firm of Cunningham, Bounds, Yance, Crowder and Brown, a prominent Democratic plaintiff firm in Mobile, one of the best plaintiff firms in the country, if you want to know the truth, send their unanimous support for Judge Steele, and I have had several members of the firm tell me that they are just exceedingly impressed with his integrity and ability and strongly support his nomination.

So I say that to say that his support goes across racial and political bounds. It represents the considered judgment, I believe, of the bar and practitioners in the Southern District of Alabama.

All right. Opening statements are done, and I will offer a formal statement for the record.

[The prepared statement of Senator Sessions appears as a submission for the record.]

Senator SESSIONS. At this time I would call on Mr. Tymkovich, the Court of Appeals nominee, as our first witness.

Mr. Tymkovich, would you stand and be sworn, please? Do you swear that the testimony you are about to give before the Committee will be the truth, the whole truth, and nothing but the truth, so help you God?

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