Senators Barbara A. Mikulski and Benjamin L. Cardin (both D-Md.) expressed their disappointment with President Bush's nomination of Maryland U.S. Attorney Rod Rosenstein to the U.S. Fourth Circuit Court of Appeals' vacant Maryland seat.  Both Senators have repeatedly expressed their concerns that a Rosenstein nomination would hinder his efforts in Maryland.

"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," said Senator Mikulski.  "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."

"I regret that the White House did not listen to our recommendations to keep Rod Rosenstein as U.S. Attorney," said Senator Cardin. "We had had hoped to work with the Administration to find a consensus candidate for the Fourth Circuit Court of Appeals with deep roots in the Maryland legal community."

The Senators sent a letter to White House Counsel Fred Fielding on Sept. 21, demonstrating their willingness to work cooperatively with the White House in filling the seat previously held by the Honorable Francis Murnaghan, Jr.  They also expressed their concerns regarding the Rosenstein nomination, saying that the primary criteria for this nominee should be a lengthy history of state legal experience in Maryland and strong Maryland roots.  Senators Mikulski and Cardin also expressed their disappointed that the White House has repeatedly nominated individuals to this seat that clearly do not meet these reasonable criteria.

There are currently 23 U.S. Attorney vacancies in 20 states, and Congress continues to probe improper interference in their work by DOJ and White House officials.  These vacancies will likely not be filled for many months or even before the end of the Bush Presidency.  Maryland is fortunate to have an incumbent U.S. Attorney with Rosenstein and deserves continuity and stability in this office.