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Talking Points

Rod J. Rosenstein

Nominee to the United States Court of Appeals for the Fourth Circuit

  • Rod Rosenstein is a highly accomplished and well-respected attorney who is widely praised by lawyers and judges alike for his intellect, ethical standards, and fairness. The Senate should give him a fair up-or-down vote and promptly confirm him to the federal bench.

    • President Bush has nominated Mr. Rosenstein to the Fourth Circuit, which encompasses the states of Maryland, Virginia, West Virginia, North Carolina, and South Carolina.

    • The Fourth Circuit, a court which plays a key role in hearing terrorism-related cases, faces an unacceptable 33% vacancy rate. Only ten of fifteen authorized judges are currently conducting the work of the entire court.

    • The vacancy is considered a “judicial emergency" by the Judicial Conference and has been vacant for seven years.

    • Mr. Rosenstein has been waiting for a hearing since November 15, 2007.

  • People on both sides of the aisle agree Mr. Rosenstein is highly qualified to serve on the Third Circuit, and he received a unanimous “Well Qualified" rating by the American Bar Association.

    • The Washington Post has called Mr. Rosenstein a “worthy nominee" and noted that “people on both sides of this question agree [he] is well qualified for a judgeship." The Washington Post recently re-affirmed its support for Mr. Rosenstein describing him as “unquestionably well qualified" and someone with “admirers from both sides of the aisle." According to the Post, “he is an excellent and principled lawyer who has all the makings of an excellent and principled judge."

    • “I think he is a phenomenal nominee," said Democratic Montgomery County State's Attorney John McCarthy, who lauded Rosenstein's efforts to reach out to local prosecutors' offices. “I think he has done an extraordinarily fine job as U.S. attorney, uniformly respected by prosecutors and defense attorneys alike."

    • “He's highly intelligent, very experienced and a guy who knows the appeals court. He's a great oral advocate," said Baltimore attorney Cy Smith, a past president of the Maryland Federal Bar Association. While he does not agree with Mr. Rosenstein politically, Smith has stated that Mr. Rosenstein is “obviously highly qualified for the post."

    • The primary argument that Maryland's Senators have articulated to delay Mr. Rosenstein's confirmation is that he is too good at his current job as U.S. Attorney. Good work deserves a promotion.

      • “Rod Rosenstein is doing a good job as the U.S. attorney in Maryland, and that's where we need him. He plays a vital role in fighting crime and protecting our communities in Maryland," Senator Barbara A. Mikulski said in a statement. “In the twilight of the Bush administration, we don't need an acting U.S. attorney in Maryland. In light of the mismanagement of the Bush administration Justice Department, we cannot risk another vacancy." – The Baltimore Sun, Nov. 16, 2007.

      • “I regret that the White House did not listen to our recommendations to keep Rod Rosenstein as U.S. attorney," added Senator Benjamin Cardin in the statement. – The Baltimore Sun, Nov. 16, 2007.

  • Mr. Rosenstein has a distinguished record in public service as a litigator.

    • Mr. Rosenstein is the United States Attorney for the District of Maryland. He was confirmed to that position by a bipartisan voice vote on July 1, 2005.

      • As United States Attorney, Mr. Rosenstein has developed close partnerships with state and local law enforcement and prosecutors to combat violent crime, particularly with respect to gang violence and gun crime, in Maryland.

    • Mr. Rosenstein has also held a variety of other important positions in the United States Department of Justice under both Republican and Democrat administrations.

      • Prior to his confirmation as United States Attorney, Mr. Rosenstein served as the Principal Deputy Assistant Attorney General for the Tax Division. In that role, he supervised the criminal enforcement and appellate sections of the Tax Division and oversaw the federal criminal tax prosecution program.

      • From 1997 to 2001, Mr. Rosenstein served as an Assistant United States Attorney for the District of Maryland, working out of the Greenbelt office.

      • From 1994 to 1995, Mr. Rosenstein served as Special Assistant to Assistant Attorney General of the Criminal Division Jo Ann Harris.

      • From 1993 to 1994, Mr. Rosenstein served as Counsel for Deputy Attorney General Philip B. Heymann.

    • Mr. Rosenstein served as an Associate Independent Counsel from 1995-1997 in the fraud and corruption case against former Arkansas Governor Jim Guy Tucker, James McDougal, and Susan McDougal.

  • Mr. Rosenstein has impeccable academic credentials and professional training.

    • Mr. Rosenstein received his B.S. in Economics from the Wharton School of the University of Pennsylvania, graduating summa cum laude in 1986.

    • Mr. Rosenstein received his J.D. from Harvard Law School in 1989, graduating cum laude.

    • Following his graduation from law school, Mr. Rosenstein clerked for the Honorable Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia Circuit.


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