Brett Tolman
Encyclopedia
Brett Tolman was the United States Attorney
for the District of Utah
from July 2006 to December 2009. Before becoming U.S. Attorney, Tolman worked as counsel in the Senate Judiciary Committee
for committee chairs Orrin Hatch
(R-UT) and then Arlen Specter
(R-PA) during the 109th United States Congress
. Tolman’s most noteworthy work in the Senate is his role in the passage of the 2005 Patriot Act reauthorization
. He was instrumental in the revisions to the appointment process of interim U.S. Attorneys and is a major (if not well-known) figure in the dismissal of U.S. attorneys controversy
.
in 1994, and his law degree cum laude from the J. Reuben Clark Law School
in 1998. Tolman clerked for U.S. District Chief Judge Dee Benson from 1998-2000. Tolman then served
four years as an assistant U.S. Attorney
in the District of Utah under U.S. Attorney Paul Warner
. In 2003, he began work on the staff of U.S. Sen. Orrin Hatch, (R-UT),
chairman of the Senate Judiciary Committee. Later, Tolman staffed for Sen. Arlen Specter
(R-PA) after Specter became judiciary chairman. While working for Senators Hatch and Specter, Tolman was Counsel for Crime and Terrorism, which included work on drafting and negotiating passage of the USA PATRIOT Act reauthorization.
, added a clause to the bill that eliminated the
term limits for interim appointments of U.S. Attorneys by the Attorney General
. The change in effect allowed the President to bypass the Senatorial approval process for those interim U.S. Attorneys appointed by the Attorney General. This change in the law is at the center of the dismissal of U.S. Attorneys controversy
.
On March 20, 2007, the Senate voted 94-2 to re-instate the 120-day term limit on interim attorneys appointed by the Attorney General.
On March 26, the U.S. House overturned it as well, by a vote of 329-78. The bill was sent to President Bush for his signature on June 4, 2007.
A bill to amend chapter 35 of title 28, United States Code, to preserve the independence of United States attorneys. (S.214 & H.R.580) THOMAS (Database), Library of Congress. Retrieved May 28, 2007. (Updated as activity occurs on the bill.)
. A struggle over who would succeed him in office ensued, the two candidates being Tolman and Kyle Sampson
, then Attorney General Alberto Gonzales
’s chief of staff at the Department of Justice. Both Tolman and Sampson are Utah natives who had graduated from Brigham Young University
. While Gonzales and the White House favored Sampson, Tolman received support from Senator Orrin Hatch
(R-UT), Senate Judiciary Committee chairman Arlen Specter
(R-PA), Senate Majority Leader Bill Frist
(R-TN), Senate Majority Whip Mitch McConnell
(R-KY), and Senate Judiciary Committee member Mike DeWine
(R-OH).
Senator Hatch made a personal appeal to Attorney General Gonzales to drop his nomination of Kyle Sampson. On June 9, 2006, President Bush nominated Tolman to the Utah post, and on July 21, 2006 the senate confirmed Tolman by voice vote.
In December 2009, Tolman resigned and joined the Salt Lake City law firm Ray Quinney & Nebeker. Until a replacement could be named by President Obama and confirmed by the Senate, Carlie Christensen, a career attorney with the office, has been named as Acting U.S. Attorney.
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for the District of Utah
United States District Court for the District of Utah
The United States District Court for the District of Utah is the Federal district court whose jurisdiction is the state of Utah...
from July 2006 to December 2009. Before becoming U.S. Attorney, Tolman worked as counsel in the Senate Judiciary Committee
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
for committee chairs Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
(R-UT) and then Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
(R-PA) during the 109th United States Congress
109th United States Congress
The One Hundred Ninth United States Congress was the legislative branch of the United States, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, during the fifth and sixth years of George W. Bush's presidency. House members...
. Tolman’s most noteworthy work in the Senate is his role in the passage of the 2005 Patriot Act reauthorization
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
. He was instrumental in the revisions to the appointment process of interim U.S. Attorneys and is a major (if not well-known) figure in the dismissal of U.S. attorneys controversy
Dismissal of U.S. attorneys controversy
The dismissal of U.S. Attorneys controversy was initiated by the unprecedented midterm dismissal of seven United States Attorneys on December 7, 2006 by the George W. Bush administration's Department of Justice. Congressional investigations focused on whether the Department of Justice and the White...
.
Early career
Tolman received a Bachelor of Arts degree in English from Brigham Young UniversityBrigham Young University
Brigham Young University is a private university located in Provo, Utah. It is owned and operated by The Church of Jesus Christ of Latter-day Saints , and is the United States' largest religious university and third-largest private university.Approximately 98% of the university's 34,000 students...
in 1994, and his law degree cum laude from the J. Reuben Clark Law School
J. Reuben Clark Law School
The J. Reuben Clark Law School is a professional graduate school located in Provo, Utah at Brigham Young University. Founded in 1973, the school is named after J. Reuben Clark, Jr.—former U.S. Ambassador, Undersecretary of State, and LDS Church General Authority—and its charter dean was former...
in 1998. Tolman clerked for U.S. District Chief Judge Dee Benson from 1998-2000. Tolman then served
four years as an assistant U.S. Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
in the District of Utah under U.S. Attorney Paul Warner
Paul Warner (judge)
Paul Michael Warner is a federal magistrate judge for the United States District Court for the District of Utah. He was appointed to this position on February 19, 2006.-Early life and education:...
. In 2003, he began work on the staff of U.S. Sen. Orrin Hatch, (R-UT),
chairman of the Senate Judiciary Committee. Later, Tolman staffed for Sen. Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
(R-PA) after Specter became judiciary chairman. While working for Senators Hatch and Specter, Tolman was Counsel for Crime and Terrorism, which included work on drafting and negotiating passage of the USA PATRIOT Act reauthorization.
Dismissal of U.S. attorneys controversy
During Senate hearings on February 6, 2007, Senator Specter claimed that Tolman, on behalf of the United States Department of JusticeUnited States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, added a clause to the bill that eliminated the
term limits for interim appointments of U.S. Attorneys by the Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
. The change in effect allowed the President to bypass the Senatorial approval process for those interim U.S. Attorneys appointed by the Attorney General. This change in the law is at the center of the dismissal of U.S. Attorneys controversy
Dismissal of U.S. attorneys controversy
The dismissal of U.S. Attorneys controversy was initiated by the unprecedented midterm dismissal of seven United States Attorneys on December 7, 2006 by the George W. Bush administration's Department of Justice. Congressional investigations focused on whether the Department of Justice and the White...
.
On March 20, 2007, the Senate voted 94-2 to re-instate the 120-day term limit on interim attorneys appointed by the Attorney General.
On March 26, the U.S. House overturned it as well, by a vote of 329-78. The bill was sent to President Bush for his signature on June 4, 2007.
A bill to amend chapter 35 of title 28, United States Code, to preserve the independence of United States attorneys. (S.214 & H.R.580) THOMAS (Database), Library of Congress. Retrieved May 28, 2007. (Updated as activity occurs on the bill.)
Appointment as U.S. Attorney
On January 25, 2006, U.S. Attorney for the District of Utah, Paul Warner, announced he would step down to become the newly-created fourth U.S. Magistrate Judge for the District of UtahUnited States District Court for the District of Utah
The United States District Court for the District of Utah is the Federal district court whose jurisdiction is the state of Utah...
. A struggle over who would succeed him in office ensued, the two candidates being Tolman and Kyle Sampson
Kyle Sampson
D. Kyle Sampson was the Chief of Staff and Counselor of United States Attorney General Alberto Gonzales. He resigned on March 12, 2007, amid the controversy surrounding the firing of eight United States Attorneys in 2006 and was cleared of any criminal wrongdoing in July 2010...
, then Attorney General Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
’s chief of staff at the Department of Justice. Both Tolman and Sampson are Utah natives who had graduated from Brigham Young University
Brigham Young University
Brigham Young University is a private university located in Provo, Utah. It is owned and operated by The Church of Jesus Christ of Latter-day Saints , and is the United States' largest religious university and third-largest private university.Approximately 98% of the university's 34,000 students...
. While Gonzales and the White House favored Sampson, Tolman received support from Senator Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
(R-UT), Senate Judiciary Committee chairman Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
(R-PA), Senate Majority Leader Bill Frist
Bill Frist
William Harrison "Bill" Frist, Sr. is an American physician, businessman, and politician. He began his career as an heir and major stockholder to the for-profit hospital chain of Hospital Corporation of America. Frist later served two terms as a Republican United States Senator representing...
(R-TN), Senate Majority Whip Mitch McConnell
Mitch McConnell
Addison Mitchell "Mitch" McConnell, Jr. is the senior United States Senator from Kentucky and the Republican Minority Leader.- Early life, education, and military service :...
(R-KY), and Senate Judiciary Committee member Mike DeWine
Mike DeWine
Richard Michael "Mike" DeWine is the Attorney General for the state of Ohio. He has held numerous offices on the state and federal level, including Ohio State Senator, four terms as a U.S. Congressman, Ohio Lt. Governor, and was a two-term U.S. Senator, serving from 1995 to 2007.- Biography :Born...
(R-OH).
Senator Hatch made a personal appeal to Attorney General Gonzales to drop his nomination of Kyle Sampson. On June 9, 2006, President Bush nominated Tolman to the Utah post, and on July 21, 2006 the senate confirmed Tolman by voice vote.
In December 2009, Tolman resigned and joined the Salt Lake City law firm Ray Quinney & Nebeker. Until a replacement could be named by President Obama and confirmed by the Senate, Carlie Christensen, a career attorney with the office, has been named as Acting U.S. Attorney.