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Attorney General Eric H. Holder Jr. is sworn in on Capitol Hill in Washington on Tuesday, Nov. 8, 2011, before testifying before a Senate Judiciary Committee hearing on the arms-trafficking investigation of "Operation Fast and Furious." (AP Photo/J. Scott Applewhite)

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Homeland Security Secretary Janet A. Napolitano told the House Judiciary Committee on Wednesday that she did not know why she wasn't briefed immediately on the gun-walking operation. (Andrew Harnik/The Washington Times)

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Homeland Security Secretary Janet Napolitano speaks with Sen. Patrick J. Leahy (right), Senate Judiciary Committee chairman, prior to her testimony before the panel on Wednesday, Oct. 19, 2011, on Capitol Hill in Washington. (AP Photo/Haraz N. Ghanbari)

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Supreme Court Justices Stephen G. Breyer and Antonin Scalia discuss their differing views of the Constitution before the Senate Judiciary Committee on Wednesday. (Associated Press)

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Photographs by Barbara L. Salisbury/The Washington Times Ronald Wallen, of Indio, Calif., displays a photo of his deceased partner at a Senate Judiciary Committee hearing Wednesday. Mr. Wallen testified that he was denied federal benefits after his partner's death because of the Defense of Marriage Act.

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**FILE** Sen. Chuck Grassley of Iowa, the top Judiciary Committee Republican (Associated Press)

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Sen. Patrick J. Leahy (center), Vermont Democrat, and Sen. Charles E. Grassley (left), Iowa Republican, welcome Attorney General Eric H. Holder Jr. on Capitol Hill in Washington on Wednesday, May 4, 2011, before Mr. Holder testifies before the Senate Judiciary Committee. (AP Photo/J. Scott Applewhite)

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Attorney General Eric H. Holder Jr. testifies on Capitol Hill in Washington on Tuesday, May 3, 2011, at a House Judiciary Committee oversight hearing. (AP Photo/Evan Vucci)

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Attorney General Eric H. Holder Jr., at a House Judiciary Committee on Tuesday, said he has read the Utah immigration law — unlike Arizona's, where he first criticized the law, only later acknowledging he hadn't read it. (Associated Press)

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ASSOCIATED PRESS Senate Judiciary Committee Chairman Patrick J. Leahy says intellectual property theft costs billions of dollars and "hundreds of thousands of jobs."

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Senate Judiciary Committee Chairman Sen. Patrick J. Leahy, Vermont Democrat, chided Republicans Thursday for delaying a nominee hearing. (Associated Press)

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**FILE** Sen. Patrick J. Leahy, Vermont Democrat and Judiciary Committee chairman (Associated Press)

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** FILE ** U.S. District Judge John M. Roll appears before the Senate Judiciary Committee on Capitol Hill in April 2006 to discuss immigration litigation reduction. (AP Photo/Dennis Cook, File)
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Supreme Court nominee Elena Kagan laughs on Capitol Hill in Washington on June 29, 2010, while testifying before the Senate Judiciary Committee hearing on her nomination. (AP Photo/Alex Brandon, File)

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**FILE** Senate Judiciary Committee member John Kyl, Arizona Republican (Associated Press Photo)

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Associated Press Senate Judiciary Committee Chairman Patrick J. Leahy of Vermont joins fellow Senate Democrats (from left) Amy Klobuchar of Minnesota, Charles E. Schumer of New York, and Dianne Feinstein of California after Elena Kagan's confirmation vote.

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FBI Director Robert S. Mueller III testifies on Capitol Hill in Washington on Wednesday, July 28, 2010, at the Senate Judiciary Committee hearing on FBI oversight. (AP Photo/Manuel Balce Ceneta)

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ASSOCIATED PRESS Sen. Charles E. Grassley hears out fellow Republican Lindsey Graham on Tuesday before a Judiciary Committee vote on Supreme Court nominee Elena Kagan.

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Supreme Court nominee Elena Kagan laughs on Capitol Hill in Washington, Tuesday, June 29, 2010, while testifying before the Senate Judiciary Committee hearing on her nomination. The committee approved her nomination on Tuesday, July 20. (AP Photo/Alex Brandon)

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** FILE ** Supreme Court nominee Elena Kagan (foreground) listens to questions from Sen. Jeff Sessions (pictured on a video screen), Alabama Republican, who is the ranking Republican on the Senate Judiciary Committee, on Capitol Hill in Washington on Tuesday, June 29, 2010, during Ms. Kagan's confirmation hearing. (AP Photo/Susan Walsh)