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Senator’s unrelated objection stalls Frierson’s U.S. attorney confirmation

Updated February 17, 2022 - 7:21 am

WASHINGTON — A Republican senator derailed the confirmation of six U.S. attorneys nominated for posts in Nevada and other states Wednesday, citing disagreement with the Justice Department over an unrelated civil case in Oregon.

Sen. Tom Cotton, R-Ark., blocked President Joe Biden’s nomination of Nevada Assembly Speaker Jason Frierson for Nevada U.S. attorney, as well as nominees for top federal prosecutor posts in Georgia, Minnesota, Michigan, Ohio and the U.S. Virgin Islands.

Democratic leaders sought a traditional voice vote on the noncontroversial nominees but were denied by Cotton’s objection.

The Republican is angered over the lack of legal representation for four deputy marshals named in civil filings after street marches in Portland last year.

Unless Cotton relinquishes his hold, the nominees must undergo a lengthy process to hold a roll-call vote.

Sens. Catherine Cortez Masto and Jacky Rosen took the Senate floor and said Cotton’s hold on nominees over an issue with the Justice Department unfairly hurt residents of states waiting for confirmation of a federal attorney to prosecute criminals.

Cortez Masto, a former Nevada attorney general, called Cotton’s argument “nonsensical.”

“He can’t continue to use the same talking point that he’s defending law enforcement, when at the same time he’s harming law enforcement across the country,” Cortez Masto said.

Rosen said continued obstruction of the nominees “impacts the public safety of Nevadans and impacts their ability to see justice served.”

The senators recommended Frierson to the White House last year. Biden nominated Frierson on Nov. 12 to serve as U.S. attorney in Nevada, a post that has been filled by an acting U.S. attorney, Christopher Chiou, for more than a year.

The last confirmed U.S. attorney was Nick Trutanich, who served under President Donald Trump.

Frierson, a Las Vegas Democrat, has served as Nevada Assembly speaker since the 2017 session. He graduated from the University of Nevada, Reno, and received a law degree from the Boyd Law School at UNLV. He sailed through a Senate Judiciary Committee hearing last year.

Frierson was one of six nominees for U.S. attorney, and two others for U.S. marshal spots in Illinois, who were before the Senate on Wednesday when Cotton announced he would stop the nominations.

Cotton cited the Justice Department’s failure to inform him why it has not agreed to represent and defend four deputy U.S. marshals in an unrelated civil lawsuit filed after confrontations with protesters in Portland, Oregon.

The lawsuit stems from protests following the death of George Floyd in Minnesota.

“These marshals are heroes,” Cotton said of their actions to protect the federal courthouse. “I demanded answers. The Justice Department had no answers.”

Senate Majority Whip Dick Durbin, D-Ill., said the Justice Department did respond to Cotton but cited confidentiality and privacy laws, as well as attorney-client privilege rights of the marshals named in legal filings.

Contact Gary Martin at gmartin@reviewjournal.com. Follow @garymartindc on Twitter.

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