Rochester, N.Y. - For the last three years Monroe County District Attorney Mike Green adopted a low-profile while he awaited confirmation for a lifetime appointment to the federal bench as a US District Court Judge in Rochester.
On Monday, Green took off the gloves and blamed partisan politics in Washington, D.C. and Monroe County for derailing his path to the bench.
"I've known for sometime that there was opposition from Senate Republicans, and I've known for some time that it was being driven by local politics," Green said in a press conference Monday.
"If they called me and said they wanted to renominate me, at this point I'm done with this process. Three years is long enough. If they can't make a decision in three years, if they can't get this to a vote in three years, I've been through enough. My family's been through enough. I'm done with the process."
Over that three year period, Green had cleared nearly every hurdle. His nomination hearing in May was followed by a 17-to-1 vote by the Senate Judiciary Committee. A full vote on the Senate floor and a signature from the President was all that remained. But as the Senate session ended last week, Green found himself in the company of eight other judicial nominees whose names were being sent back to the White House.
President Barack Obama could have chosen to re-nominate Green and others on that list, but a White House Press Officer confirmed for 13WHAM News on Sunday that that would not happen.
At the end of this year, Green will end his 25 year run in the Monroe County District Attorney's Office, the last eight of which he's spent as the elected DA. This past summer, Green said he made a decision not to seek re-election because he was told that it could disrupt his ongoing confirmation process.
Instead, Green endorsed a fellow Democrat and his hand-picked successor DA-Elect Sandra Doorley. Green said Monday that even that decision drew criticism within the ranks of this process.
"It was one thing after another, and my sense was, it was just one excuse after another," Green said. "With Senator (Chuck) Grassley as their point person, the Republicans in the Senate have been working to block or delay my nomination for some time. I was repeatedly told, not only told but also saw evidence, that the opposition was originating from Monroe County. Just a few weeks ago, I was told by Sen. (Chuck) Schumer's office that somebody in Monroe County really doesn't want you to be a judge, and that's what was fueling the Republican opposition in the Senate."
In support of his claim that local politics played a role in scuttling his nomination, Green pointed to criminal cases his office handled that involved members of the Monroe County Republican Party. Green specifically pointed to the prosecution of the head of the Monroe County Water Authority John Stanwix, who was also the former GOP Committee Chairman. More recently Green mentioned the cases of more than a dozen union trades workers known as Robutrad who engaged in political activities that benefited the local GOP.
"Certainly a cynical view of this process and the timing of the process would indicate that my political enemies dragged this process out long enough to force me into a position where I wouldn't run for District Attorney, to get me out of an office that they could never get me out of through the political process, through the electoral process," Green said. "And then not only did they do that, (but) they used the process to try and keep me quiet during the campaign so that they could take the DA's Office. Then after the election was over, they ultimately punished me for doing my job and doing it well. I think it's a sad state of affairs if that's what politics and the judicial confirmation process are coming to."
In response to Green's claims that appear to lay some blame at the doorstep of the Monroe County GOP Committee, current chairman Bill Reilich fired back.
"I think he should look either within himself or within his own party for why this didn't happen, instead of trying to blame others. I think he'd be better served by doing that," Reilich said.
When asked, Green admitted that he had this feeling while fielding questions back in May when he appeared before the Senate Judiciary Committee for his nomination hearing.
"It gave me the impression, just like almost every other step of the process, that Senate Republicans and Senator Grassley in particular were just grasping for anything they could to either delay or scuttle my nomination," Green said of that hearing.
In response to that Beth Levine, a spokeswoman for Sen. Chuck Grassley (R-Iowa) issued this statement:
"According to press reports, the White House has decided not to renominate Mr. Green. Evidently, even the White House recognized that the issues which arose after Mr. Green was voted out of committee made it difficult to proceed any further with his nomination."
That statement specifically mentions "issues" that arose in the last few months. Among those may have been the firing of five experienced Assistant District Attorneys earlier this month. The five prosecutors will remain on the payroll through the end of 2011, but were sent home immediately and will not be invited back by DA-Elect Doorley.
"I know that it played a role, but I honestly believe that it was just one more excuse," Green said of those personnel moves. "I believe that they were searching for one excuse after another. Every time we met an excuse there was another one."
Green admits he felt good following the 17-to-1 committee vote that left him awaiting a floor vote in the US Senate.
The one negative vote Green's nomination received in the Judiciary Committee came from Sen. Mike Lee (R-Utah) and 13WHAM News asked the Sen. Lee's Office to explain that vote.
"It looks like Senator Lee voted no due (to) the fact that Mike Green had only state law experience and the vast majority of it was criminal," Lee spokeswoman Emily Bennion replied in a statement. "The Senator has expressed that Federal Civil practice is an important prerequisite."
"This process has put an incredible strain, not only on me, but my family these last three years," Green explained while also conceeding, "It's put a strain on the District Attorney's Office in many different ways."
Green said that while DA-Elect Doorley has asked him to continue his work in the office as part of her team, he has no intentions of doing so. He said he is weighing a number of other possible opportunities but he has not made up his mind what he will do. He admits being torn between staying in politics and government, or pursuing interests outside of public service.
"I can hold my head high and know that I upheld my oath to serve the people of this community, and I'll leave this office proud of the work that I've done as District Attorney," Green said. "You hear the argument often as to whether or not we should appoint judges or elect judges. People say it would be better to appoint them because you can take the politics out of the process. I think this is proof that no matter how you select the judges, you're not going to take the politics out of the process."
Green's last day as Monroe County District Attorney will be December 31.
