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Floor Speech

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Mrs. SHAHEEN. Madam President, I come to the floor today in support of Seth Aframe's nomination to the First Circuit Court of Appeals. Without a doubt, the depth of Mr. Aframe's legal expertise and his extensive experience at the U.S. Attorney's Office make him eminently qualified to serve on the First Circuit. The American Bar Association agrees. They gave Mr. Aframe a unanimous rating of ``well qualified.''

But I think what might be most impressive about Mr. Aframe is his overwhelming dedication to serving his community. In fact, one of Mr. Aframe's earliest formative experiences as an aspiring public servant was when he served as a Senate page on this very floor. As we hope all pages will do when their time in the Senate comes to an end, Mr. Aframe carried a passion for public service with him, and it informed his professional trajectory.

After graduating from college, Mr. Aframe decided to pursue a law career, going on to attend Georgetown University Law Center. From Georgetown, he spent 3 years in private practice, developing his skills in complex civil litigation before moving to New Hampshire, where he clerked for Judge Jeffrey Howard on the First Circuit. From there, he went on to join the U.S. Attorney's Office in Concord. He has served as Chief of both the Criminal Division and the Appellate Section of the U.S. Attorney's Office. During his tenure, Mr. Aframe has tried 20 cases in Federal district court and has argued more than 100 appeals before the First Circuit, giving Mr. Aframe more appellate experience than almost any attorney in New Hampshire.

Still, in his limited free time, Mr. Aframe has made it a priority to give back to the next generation of legal minds.

Outside of the courtroom, he is an adjunct professor at the University of New Hampshire Franklin Pierce School of Law, where he teaches First Amendment law. He is also a frequent and popular volunteer at Civics 603!, which is a nonprofit that provides civics education to New Hampshire students, ranging from elementary to high school.

Beyond the classroom, Mr. Aframe has continued to take on numerous leadership positions, including as the U.S. Attorney's Office representative to New Hampshire's LASER Program, which allows low- and mid-level drug defendants to participate in a yearlong recovery program that centers on rehabilitation and productive reintegration into society.

Mr. Aframe's commitment to his community and to sharing the wealth of his legal experience to better the lives of others is truly commendable. I am confident that Mr. Aframe will carry his sentiment with him to the First Circuit and will continue to make the Granite State proud.

Before I close, though, I want to address some of the misinformation that has been circulated in an attempt to portray Mr. Aframe--a 17-year Federal prosecutor--as soft on crime. There have been distortions of Mr. Aframe's record in two specific cases, and I want to talk about those now. Notably, in both of those cases, the court handed down a shorter sentence than what was requested by Mr. Aframe.

In one of the cases, the government didn't seek a life sentence because doing so would have required the young victim to appear at a sentencing hearing. After consulting with the victim's family, the government concluded that to call the victim would have likely imposed unwarranted additional trauma. As a result, Mr. Aframe requested a 405- month sentence. The court ultimately sentenced the defendant to 384 months. To allege that Mr. Aframe is soft on crime because of his decision to abide by the wishes of a victim's family is not only deeply misguided, but it also sets a dangerous precedent.

In the second case, as Mr. Aframe has noted, the government requested a sentence of 60 years. The court, in deciding the government's request was too harsh, issued a sentence of 50 years--10 fewer than Mr. Aframe had requested. Unfortunately, the allegations against Mr. Aframe are not only inaccurate and unfair, but they are based on partisan opposition to any judge that is nominated by this President. Those of us who know Mr. Aframe and his record know he has been a dedicated prosecutor and that he will be a fair jurist.

Once again, let me emphasize that I am grateful that the State of New Hampshire has had a career prosecutor like Mr. Aframe, who has so diligently fought for justice on behalf of the victims of horrific crimes, and it has become abundantly clear that all who work with him feel the same way.

In a joint letter, all four former U.S. attorneys whom Mr. Aframe has served under and who were appointed by both Republican and Democratic Presidents said:

Each of us regards Mr. Aframe as a distinguished and persuasive appellate advocate who has successfully represented the government and earned a well-deserved reputation for excellence. His knowledge of the law is extensive. His writing is pristine and persuasive. We doubt there is any practicing attorney who has briefed and argued more cases before the First Circuit.

Mr. Aframe's praise doesn't come just from prosecutors. A group of defense attorneys whom he litigated against many times has also lauded his nomination, stating:

[W]e believe Seth has a perfect judicial temperament. . . . In what is often a difficult role as a prosecutor, he epitomizes open-mindedness, courtesy, patience, freedom from bias, and commitment to equal justice under the law.

To name a few others, Mr. Aframe has received letters of support from the former president of the New Hampshire Association of Criminal Defense Lawyers, from New Hampshire law enforcement officials, and from past presidents of the New Hampshire Bar, and I have some of these letters of support here.

Re Seth Robert Aframe, Nominee for the U.S. Court of Appeals for the First Circuit. Hon. Richard J. Durbin, Chair, Committee on the Judiciary, U.S. Senate, Washington, DC. Hon. Lindsey O. Graham, Ranking Member, Committee on the Judiciary, U.S. Senate, Washington, DC.

Dear Chairman Durbin and Ranking Member Graham: As former United States Attorneys for the District of New Hampshire, it is our honor to enthusiastically support the confirmation of our former colleague, Assistant United States Attorney Seth Robert Aframe, to the United States Court of Appeals for the First Circuit.

As prosecutors, we have abiding faith in the rule of law and, as long-time practitioners before courts in the First Circuit, we understand the vital role of the First Circuit Court of Appeals in deciding appeals affecting every aspect of American life. We have unwavering confidence in Mr. Aframe's qualifications to join the distinguished First Circuit bench by reason of his deep appellate and trial experience, and his scholarship, legal acumen and compassion.

Attorney Thomas Colantuono hired Mr. Aframe as an Assistant U.S. Attorney following his tenure as a law clerk to the Honorable Judith A. Cowan, Associate Justice, Massachusetts Supreme Judicial Court, and to the Honorable Jeffrey R. Howard, Circuit Judge, United States Court of Appeals for the First Circuit. At the time, Mr. Aframe impressed Mr. Colantuono as a bright, able and articulate attorney who would meet the Office's highest standards of excellence and be a strong asset to the complement of Assistant United States Attorneys.

During his long tenure in the Office, Mr. Aframe has fulfilled that promise and more: each of us regards Mr. Aframe as a distinguished and persuasive appellate advocate who has successfully represented the government and earned a well-deserved reputation for excellence. His knowledge of the law is extensive. His writing is pristine and persuasive. We doubt that there is any practicing attorney who has briefed and argued more cases before the First Circuit, or who has an equal reputation for outstanding scholarship, candor toward the tribunal and fidelity to the rule of law. Indeed, none of us was ever more proud than we were to see the Office's name, and ours, inscribed on the cover of a brief authored by Mr. Aframe, or a decision rendered by the Court thereafter.

While Mr. Aframe readily grasps and articulates the most sophisticated legal concepts, as United States Attorneys, we also valued his pragmatism, candor and generosity. He has traveled easily in the rarified environment of appellate advocacy, but has also diligently earned the trust of juries and of victims of some of the most heinous crimes imaginable. He has frequently volunteered as trial counsel in complex cases, served his colleagues as a trusted advisor, and taken a leadership role in numerous initiatives, including the LASER program, the District Court's drug court. In recognition of this, and of his considerable talents, he now serves as the Criminal Bureau Chief at the USAO-DNH.

Mr. Aframe is a person of the highest integrity who will consistently demonstrate patience, courtesy, empathy and equanimity as a member of the Court. He will serve the cause of justice and decide all cases before him according to the rule of law, and without fear or favor. To our minds, there is no one better-suited or better qualified to join the United States Court of Appeals for the First Circuit, and we urge the Committee on the Judiciary to unanimously confirm his nomination. Sincerely, Thomas P. Colantuono, Esq.,

USA-DNH 2001-2009. John P. Kacavas, Esq.,

USA-DNH 2009-2015. Emily Gray Rice, Esq.,

USA-DNH 2016-2017. Scott W. Murray, Esq.,

USA-DNH 2018-2021. ____ October 20, 2023. Hon. Richard Durbin, Chair, Committee on the Judiciary, U.S. Senate, Washington, DC. Hon. Lindsey Graham, Ranking Member, Committee on the Judiciary, U.S. Senate, Washington, DC.

Dear Chair Durbin and Ranking Member Graham: We, the undersigned law enforcement officers, submit this letter in support of the nomination of Seth Aframe to the distinguished position of Circuit Judge for the United States Court of Appeals for the First Circuit. Each of us have forged strong working relationships with Seth in his current position as an Assistant United States Attorney for the District of New Hampshire.

As case agents and task force officers of multiple federal investigations, ranging from a single individual to multi- defendant, complex conspiracies, each of us has worked closely with Seth and experienced his expertise in all areas of criminal prosecution. From drafting search warrants and Title III applications to interviewing cooperating witnesses to negotiating with defendants and their counsel, Seth played an integral role in the planning and execution of legal strategy for each investigation. Through his leadership and guidance, each member of the prosecution team grew their investigative abilities, all culminating in many successful prosecutions.

Seth's magnetic personality fosters his ability to coordinate and collaborate with multiple law enforcement agencies from federal, state, county and local entities. Seth's dedication and willingness to work all hours of the day, including holidays and weekends, is a testament to his commitment to his peers and his community. Without reservation, we believe Seth will bring that same passion and work ethic to his duties on the Court.

We have observed, firsthand, Seth's professionalism and unmatched abilities as a federal prosecutor. His honesty, straightforward demeanor and overall compassion for people have distinguished him in that role. Those qualities and his commitment to be firm, but always fair, will undoubtedly prepare him for his new role. We, the undersigned law enforcement officers, unequivocally support Seth's nomination to the United States Court of Appeals for the First Circuit. Very Respectfully, Christopher Gosselin, Detective, York Police Department; Task Force Officer, U.S. Drug Enforcement Administration; Steven Hamel, Detective (Retired), Kittery Police Department, Detective, Berwick Police Department, Task Force Officer, U.S. Drug Enforcement Administration; Robert Lukacz, Detective, Portsmouth Police Department, Task Force Officer, U.S. Drug Enforcement Administration; Michael McGee, Detective, Manchester Police Department, Task Force Officer, U.S. Federal Bureau of Investigation; Pat Broderick, Lieutenant, Hudson Police Department, Former Task Force Officer, U.S. Drug Enforcement Administration; Christopher Day, Detective (Retired), Manchester Police Department, Former Task Force Officer, U.S. Drug Enforcement Administration; Joseph DeWitt, Sergeant, Nashua Police Department, Former Task Force Officer, U.S. Drug Enforcement Administration; Juan Infante, Detective Sergeant, New Hampshire State Police, Former Task Force Officer, U.S. Drug Enforcement Administration; Michael Molloy, Lieutenant, Hillsborough County Sheriff, Former Task Force Officer, U.S. Drug Enforcement Administration; Kevin Rutina, Trooper First Class (Retired), New Hampshire State Police, Deputy, Strafford County Sheriff, Former Task Force Officer, U.S. Drug Enforcement Administration. ____ October 20, 2023. Re Nomination of Assistant United States Attorney Seth Aframe to the United States Court of Appeals for the First Circuit. Committee on the Judiciary, U.S. Senate, Washington, DC.

Dear Senators: We are former Presidents of the New Hampshire Bar Association writing to you as individuals and as New Hampshire attorneys to endorse the nomination of Assistant United States Attorney Seth Aframe, of the United States Attorney's Office in New Hampshire, to serve as a judge on the United States Court of Appeals for the First Circuit.

Attorney Aframe has been an Assistant United States Attorney since 2007. He has tried many cases in federal district court as a prosecutor, and he has litigated more than 100 appeals at the United States Court of Appeals for the First Circuit. He was appointed Chief of the Criminal Division of the United States Attorney's Office in New Hampshire in 2023. He is also the Appellate Chief for that office. In addition to his extensive work on criminal cases, Attorney Aframe worked in the Civil Division, handling defense and asset-forfeiture cases.

As members of the New Hampshire Bar, we know Attorney Aframe either personally or by his excellent reputation. He is highly regarded for his commitment to justice, his character and integrity, and his intellect. Attorney Aframe is a skilled prosecutor, but he is also one who pays careful attention to the goals of justice and fairness for all involved. The citizens of this country would be well-served to have him as a judge on the Court of Appeals.

By our authorized ``signature'' below, we endorse Attorney Seth Aframe's nomination and hope that he will be confirmed by your committee. Thank you, Jonathan M. Eck, 2022-23; David W. McGrath, 2018-19; Scott H. Harris, 2017-18; Lawrence A. Vogelman, 2012- 13; Jennifer L. Parent, 2011-12; Ellen L. Arnold, 2008- 09; Eleanor Wm. Dahar, 2007-08; Russell F. Hilliard, 2003-04; George R. Moore, 1999-2000; Randall F. Cooper, 1998-99; Patrick T. Hayes, 1997-98; Bruce W. Felmly, 1995-96; Jack P. Crisp, Jr., 1994-95; Philip R. Waystack, 1987-88; Walter L. Mitchell, 1984-85. ____ October 23, 2023. Re Nomination of Seth Robert Aframe to the First Circuit Court of Appeals. Hon. Richard J. Durbin, Chair, Committee on the Judiciary, U.S. Senate, Washington, DC. Hon. Lindsey Graham, Ranking Member, Committee on the Judiciary, U.S. Senate, Washington, DC.

Dear Chairman Durbin and Ranking Member Graham: I am writing as a representative of a group of New Hampshire criminal defense lawyers who represent the bulk of the federal criminal defendants in this jurisdiction. Please note we write in our individual capacities and not on behalf of any law firm or organization with which we may be affiliated. We offer the highest possible recommendation for Seth Aframe to become a member of the United States Court of Appeals for the First Circuit.

I have been a criminal defense lawyer for almost 20 years, and prior to that I was a state and federal prosecutor. I have previously served as president of the New Hampshire Criminal Defense Lawyers Association. The group of signatories to this letter have many decades of combined experience representing hundreds of criminal defendants in the federal court here in New Hampshire. We have all come to know Seth in one form or another, many of us coming to know him quite well. Quite simply, he will be an excellent appellate judge.

As defense attorneys in federal court, we have all had difficult cases and clients that make our jobs sometimes especially challenging. They sometimes face years and decades in prison. Due to his abilities, Seth is often assigned the most challenging--factually and/or legally--cases that the United States Attorney's Office handles here. In each case in which Seth has represented the United States, he has demonstrated to his surpassing intellect, professionalism, and integrity. He is a difficult adversary when he needs to be, but he is never unfair. He takes the idea of prosecutor's role to seek justice very seriously, and he embodies that throughout his prosecutorial practice. Through handling difficult cases, and this being a very small federal bar, many of us have come to know Seth personally. I consider him a friend at this point, and I have been glad for him (and the USAO) to see him rise in the ranks in that office over the years. He is an exemplary member of the federal bar.

Seth demonstrates the highest professional competence in his practice. In addition to handling many, if not all, of the truly intricate legal matters that make their way through the criminal division of his office, he also oversaw the Court's drug court program for many years. His writing ability is unparalleled, as are his analytical abilities. Due to his abilities, Seth handles most, if not all, of the appellate matters that come through his office, as well. He always understands the core issues quickly, frames them succinctly, and addresses them in such an analytical manner that it makes it quite easy for the court to understand the central legal issues. His knowledge of federal criminal law, both substantive and procedural seems to be limitless.

As well, Seth has demonstrated the highest and most unwavering integrity during the time that we have known him. He has always--whether it be in an individual case, representing the government in drug court, or advocating for certain policy positions in the office, demonstrated that his sole focus was justice and fairness in a system that is often dictated by factors and players outside the courtroom.

Finally, we believe Seth has a perfect judicial temperament. He shows compassion to victims, witnesses, those he prosecutes, and those with whom he interacts in any other respect in a case. He is and has always been open-minded, but he is quite decisive. In what is often a difficult role as a prosecutor, he epitomizes open-mindedness, courtesy, patience, freedom from bias, and commitment to equal justice under the law.

Seth is what any good lawyer would want in an appellate judge. He is smart, he works hard, he has a large mind, and seeks to do the right thing under the law. I hope that he is approved without reservation. It would serve all who appear before him.

Thank you for your attention to this matter. I am happy to discuss this matter further with you at any time. Sincerely, Charles J. Keefe, Esq.; Donald Kennedy, Esq.; Robin Melone, Esq.; Adam Bernstein, Esq.; William Christie, Esq.; Michael Iacopino, Esq.; Jeffrey Odland, Esq.; Eric Wolpin, Esq.; Theodore Lothstein, Esq.; Michael Connolly, Esq.; Jeffrey Levin, Esq.; David Vicinanzo, Esq.; Matthew Vicinanzo, Esq.; Steven Gordon, Esq.; John Newman, Esq.; Robert Carey, Esq.; Daniel Deane, Esq.; Mark Knights, Esq.; Brian Quirk, Esq.; Mark Sisti, Esq. ____ October 12, 2023. Re Nomination of Seth Robert Aframe to the First Circuit Court of Appeals. Hon. Richard J. Durbin, Chair, Committee on the Judiciary, U.S. Senate, Washington, DC. Hon. Lindsey Graham, Ranking Member, Committee on the Judiciary, U.S. Senate, Washington, DC.

Dear Chairman Durbin and Ranking Member Graham: I write to enthusiastically support the nomination of Seth Aframe to the United States Court of Appeals for the First Circuit. I have been a criminal defense lawyer for over 40 years and have served as past President of the New Hampshire Association of Criminal Defense Lawyers and the Board Chair of the New Hampshire Public Defender Program. I have represented many people in our federal court and have come to know Attorney Aframe extremely well. He possesses all of the attributes that an appellate judge should have.

Attorney Aframe certainly has the intellectual capacity to excel as an appellate judge. He has been the member of the United States Attorney's Office most often called upon to handle its appellate work as well as the office's most complicated cases. His writing is clear and persuasive, and his legal analysis is first rate.

What sets Attorney Aframe apart and makes him such a wonderful choice for this role is his judgment as well as his capacity for empathy and compassion. I have observed him deal with defendants, victims, witnesses, law enforcement and all stakeholders in the criminal justice system. He treats everyone with the respect that they deserve in our judicial system. He is a man of great integrity, and I have come to completely trust him. We have had difficult cases together, but he keenly understands that his role is to do justice, and he has the ability to be open-minded, listen, and consider what is fair in a particular situation.

I have spoken with numerous fellow criminal defense lawyers about this nomination. The widespread sentiment is strong support for his confirmation, with the uniform comment that he will be missed as a force for justice and fairness in the United States Attorney's Office. It is not that he is viewed as a soft or lenient prosecutor, but we know him as a good and empathetic person who is committed to the cause of justice. I am confident that he will be a highly competent and deeply compassionate judge who will be an asset to the Court. Sincerely yours, Cathy J. Green.

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Mrs. SHAHEEN. Seth Aframe is uniquely positioned to serve on the Federal bench, and I know that his unwavering integrity and deep appellate experience will make him an exceptional addition to the First Circuit.

I was pleased with the cloture vote last Thursday, and I urge my colleagues to support his nomination.

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