Senate confirms Rollins to be U.S. Attorney, Massachusetts’ first Black woman in the role

Rachael Rollins, the Suffolk County District Attorney who's made headlines at home and across the nation for her commitment to reforming the criminal justice system from within, will become the top federal prosecutor in Massachusetts after winning approval from a divided U.S. Senate.

"She is really, really committed to ensuring that the criminal justice system works for all. And she's also very committed to correcting injustices within that criminal justice system," said Carmen Ortiz, the former U.S. Attorney for Massachusetts.

Ortiz expects Rollins to continue to fight for restorative justice but said there's no clear analog between the local and federal level when it comes to Rollins' policies of avoiding prosecutions of lower-level crimes, given that there are far fewer federal crimes considered minor. Ortiz suggests Rollins could continue her pursuit of reforms and restorative justice by refusing to elevate some state crimes into federal issues.

"She could bring that to bear in terms of not pursuing cases on a federal level that could be pursued, but don't warrant that type of severe measure and that level of prosecution," Ortiz said.

Rollins' nomination to become U.S. Attorney split the Senate, with 50 Democrats voting in favor and 50 Republicans voting against. Vice President Kamala Harris cast tie-breaking votes in both the preliminary cloture vote and the final tally.

After Harris broke the tie, Massachusetts Sen. Ed Markey thanked her as she descended from the Senate rostrum.

"She said to me that she had been a Black woman prosecutor as district attorney in California and that it was an honor for her to come to break the tie so that we would have Rachael Rollins as our district attorney," Markey told GBH News.

Markey said he and fellow Massachusetts Senator Elizabeth Warren, who both sponsored Rollins' nomination, convinced their Democratic colleagues to support her by emphasizing her record as the Suffolk County DA.

"The argument that we were able to make is: her record is one of a leader," Markey said, adding that conversations with senators began with the "bottom-line statistic" that crime is down in the city of Boston, including murders, domestic assault and many other types of violent and property crime.

"Ultimately, our Democratic colleagues that Senator Warren and I spoke to were willing to just vote in a way that reflected the reality of the incredibly effective job that she's done as Suffolk County District Attorney," Markey said.

Republicans attacked Rollins' policies of not prosecuting many lower-level crimes and tried to equate a vote for Rollins with support for abolishing police.

"Law-abiding Americans don't want prosecutors who refuse to prosecute, they don't want city jails equipped with revolving doors and they need leaders who will defend the rule of law," Senate Minority Leader Mitch McConnell said on the Senate floor.

"This soft on crime advocacy should have earned the nominee a pink slip. Instead, President Biden is giving her a promotion," McConnell said.

Markey said Republicans acted in "outrageous fashion" and linked their opposition to Rollins' race and gender.

"They were just dealing with pure scare tactics that reflected their view of a strong Black woman prosecutor becoming the U.S. attorney for the state of Massachusetts," Markey said.

Ortiz, too, dismissed the GOP's criticism of Rollins.

"She does not want to abolish the police. I believe that she wants to work with officers who are dedicated and do their jobs with integrity and in line with the policies and the regulations and the laws as they exist," Ortiz said.

Ortiz, who held the job under President Barack Obama from 2009 to 2017, said one of the biggest changes, and perhaps challenges, for Rollins in her new federal role will be separating her personal views from her position as an officer of the U.S. Department of Justice. Rollins worked as an assistant U.S. Attorney under Ortiz from 2007 to 2011.

"You can't really voice your own personal opinions and in a way that would conflict in any way whatsoever with the department," Ortiz said.

Rollins has become well known for speaking bluntly and publicly about her positions and policies since being elected Suffolk DA in 2018.

"I think Rachael tends to be more of an advocate, and you have to be a bit more careful when you are United States attorney," Ortiz said.

Warren and Markey wrote in a statement that "Rollins has devoted her career to transforming the criminal justice system so that it actually reduces crime and provides equal justice for all."

"In this new role, we have every confidence that she will continue her partnerships with law enforcement, community advocates, and other key members of the legal community to ensure the safety and wellbeing of all of the people of the Commonwealth, and we look forward to the renewed energy and innovative vision she will bring to the U.S. Attorney’s office," the Massachusetts senators wrote.

Once Rollins is sworn in as U.S. Attorney, Gov. Charlie Baker will be responsible for naming a new Suffolk County District Attorney to serve in an acting capacity until next year's election.

In a statement from a spokesperson, Baker congratulated Rollins on her confirmation and said he looks forward to continuing to work with her.

"The Governor will make an appointment soon from a pool of qualified applicants to serve as District Attorney in Suffolk County," wrote spokesman Terry MacCormack.

Dan Conley, who previously served as the Suffolk County DA, said Baker has a tough decision ahead of him and shouldn't think of the role of interim DA as a temporary position.

"The governor will have an important appointment to make. The appointment will actually be for almost one year exactly. It's not a fill-in to the position, so to speak," Conley said.