On July 29, 2012 this writer posted the following diary: " Did AG Eric Holder Shutdown the Investigation of Senator Ayotte?" Obama's nominee for federal judge in New Hampshire, Landya McCafferty was Disciplinary Counsel at the New Hampshire Attorney Discipline Office from 2003 until 2010. During this time numerous complaints were filed against state prosecutors relative to a longstanding state prosecution that evolved into a federal civil rights lawsuit. The circumstances are addressed in the above diary.
The headline complaint was a 2009 filing against then attorney general Kelly Ayotte for refusal to admit that state prosecutors fabricated all elements of the arrest and prosecution, and for not reporting this information to the attorney discipline office.
A review of Landya McCafferty's Judicial Nominee Questionnaire and her responses to Senator Grassley during her panel hearing are conspicuously absent of any mention of Senator Ayotte's complaint, or any of the others.
Since McCafferty left the Attorney Discipline Office in 2010, three additional complaints over the same matters have been filed, most prominently a 2011 complaint against Ayotte for lying to the state's Executive Council during her reappointment hearings for attorney general in 2009.
McCafferty's nomination has cleared the Senate panel and now awaits confirmation by the full Senate.
Calls to Senator Shaheen's office to address these matters and to inform the Senate Judiciary Committee, the White House Counsel's Office, the Office of Legal Policy at the
Department of Justice, and other attorney's at the Department of Justice, all of whom interviewed McCafferty, have not been responded to.
The President needs to be informed of these matters and a full Senate vote must be delayed until there is a full accounting of the issues presented.