August 28, 2018 CONGRESSIONAL RECORD — SENATE S5965 Johnson Murray Shaheen and the Senator from Alaska (Ms. MUR- he would want from us. Today, instead, Jones Nelson Shelby KOWSKI). we should try to remain a little more Kaine Paul Sullivan Kennedy Perdue Tester Mr. DURBIN. I announce that the grateful than we otherwise would be. King Portman Thune Senator from Vermont (Mr. LEAHY) is We should be grateful for his example. Lankford Risch Tillis necessarily absent. We should be grateful for his daring Lee Roberts Toomey The yeas and nays resulted—yeas 69, skill as a pilot and lieutenant com- Manchin Rounds Wicker McCaskill Rubio nays 26, as follows: Wyden mander in the U.S. Navy. We should be McConnell Sasse Young [Rollcall Vote No. 196 Ex.] grateful for his tenacity and resolve as Moran Schumer Murphy Scott YEAS—69 a prisoner of war in Vietnam—a pris- oner subject to unbelievable cruelty NAYS—28 Alexander Flake Nelson Barrasso Gardner Perdue and torture but one who endured all of Blumenthal Gillibrand Schatz Bennet Grassley Peters these unspeakable torments and one Booker Harris Smith Blumenthal Hassan Portman who was quick to remind us of what Brown Heinrich Stabenow Blunt Hatch Reed Cardin Klobuchar Udall Boozman Heitkamp Risch that was endured for; that is, our free- Carper Markey Van Hollen Burr Heller Roberts dom. I think he was one of liberty’s Coons Menendez Warner Capito Hoeven Rounds best ambassadors. Cortez Masto Merkley Warren Cardin Hyde-Smith Rubio We should remain grateful for our Duckworth Peters Whitehouse Carper Inhofe Sasse Durbin Reed Casey Isakson Scott friend John McCain’s willingness and Feinstein Sanders Cassidy Johnson Shaheen ability to serve his State of Arizona for Collins Jones Shelby so many years and to serve our great NOT VOTING—4 Coons Kaine Smith Cruz Leahy Corker Kennedy Sullivan country, by running for public office, Graham Murkowski Cornyn Klobuchar Tester for radiating such a sense of purpose, Cotton Lankford Thune such a sense of moral seriousness each The nomination was confirmed. Crapo Lee Tillis The PRESIDING OFFICER. The ma- Daines Manchin Toomey time, even during tough, grueling po- jority whip. Donnelly McCaskill Van Hollen litical races. And they didn’t always Mr. CORNYN. Mr. President, I ask Enzi McConnell Warner turn out the way he would have liked. Ernst Moran Wicker We should learn from the dignity and unanimous consent that the motion to Fischer Murphy Young reconsider be considered made and laid honor that he displayed even in defeat NAYS—26 upon the table and that the President after his Presidential campaigns did be immediately notified of the Senate’s Baldwin Harris Sanders not work out in his favor. Booker Heinrich Schatz action with respect to the Johnson Like all of us, he was an imperfect Brown Hirono Schumer man. Let’s just say he was a work in nomination. I further ask consent that Cantwell King Stabenow the mandatory quorum call be waived. Cortez Masto Markey Udall progress, as we all are. He won many Duckworth Menendez Warren political battles, and he lost a few The PRESIDING OFFICER. Is there Durbin Merkley objection? Whitehouse along the way, but he always responded Feinstein Murray Wyden Without objection, it is so ordered. Gillibrand Paul admirably. After slipping with some run-in with adversity, he got back up, f NOT VOTING—4 dusted himself off, and tried harder the CLOTURE MOTION Cruz Leahy next time. Graham Murkowski The PRESIDING OFFICER. Pursuant We should also be grateful for Sen- to rule XXII, the Chair lays before the The PRESIDING OFFICER. The yeas ator McCain’s dedication to our Na- Senate the pending cloture motion, are 69, the nays are 26. tion’s Armed Forces throughout his po- which the clerk will state. The motion is agreed to. litical career, including as chairman of The senior assistant legislative clerk f the Armed Services Committee, where read as follows: EXECUTIVE CALENDAR I served with him for a number of CLOTURE MOTION years. We should cherish his friendship. The PRESIDING OFFICER. The We should remember that at the end of We, the undersigned Senators, in accord- clerk will report the nomination. ance with the provisions of rule XXII of the the day, the Senator many called a The legislative clerk read the nomi- maverick had a gruff, sometimes in- Standing Rules of the Senate, do hereby nation of Richard Clarida, of Con- move to bring to a close debate on the nomi- timidating exterior, but he also was a nation of Richard Clarida, of Connecticut, to necticut, to be Vice Chairman of the compassionate man and one who dis- be Vice Chairman of the Board of Governors Board of Governors of the Federal Re- played not only tremendous loyalty to of the Federal Reserve System for a term of serve System for a term of four years. friends but a tremendous love for his four years. The PRESIDING OFFICER. The ma- family, who are now grieving. Mitch McConnell, Richard C. Shelby, jority whip. As our Nation mourns the loss of Cory Gardner, John Boozman, Johnny REMEMBERING JOHN MCCAIN Isakson, John Thune, John Cornyn, John McCain and as my colleagues and Pat Roberts, Ron Johnson, James M. Mr. CORNYN. Mr. President, we have I are all too aware of his absence here Inhofe, Chuck Grassley, Lamar Alex- been hit with some hard news in recent today, we are all challenged to be ander, Richard Burr, Lisa Murkowski, days. The toughest of all, perhaps, was stronger patriots and better citizens. Michael B. Enzi, Roy Blunt, Bob losing our friend and colleague John That is what he would want from us. Corker. McCain this past weekend. He was a As Senator McCain told cadets dur- The PRESIDING OFFICER. By unan- man who loved his country and was be- ing a 1993 commencement address at imous consent, the mandatory quorum loved in return. the U.S. Naval Academy, ‘‘My time is call has been waived. One of the things I appreciate the slipping by. Yours is fast approaching. The question is, Is it the sense of the most about our friend Senator McCain You will know where your duty lies.’’ Senate that debate on the nomination is he truly believed in all his heart, in Our duty now lies in continuing the of Richard Clarida, of Connecticut, to all his being, in all his soul, in Amer- difficult, courageous work Senator be Vice Chairman of the Board of Gov- ican exceptionalism and that America McCain devoted his life to, and it is not ernors of the Federal Reserve System, had to lead in the world because in the a burden that we take lightly. We do so shall be brought to a close? absence of American leadership, that gladly, and we mourn for those for The yeas and nays are mandatory void would be destabilizing and even whom the last few days have been most under the rule. dangerous. difficult. The clerk will call the roll. We know that John cast a long shad- As we express our condolences to The legislative clerk called the roll. ow in Congress over the last four dec- Senator McCain’s mother, his seven Mr. CORNYN. The following Senators ades of American politics, and we will children and five grandchildren, and, of are necessarily absent: the Senator continue to honor and remember him course, his wife Cindy and the entire from Texas (Mr. CRUZ), the Senator this week and into the future. But McCain family, we want them to know from South Carolina (Mr. GRAHAM), tears and sentimentality are not what that we continue to think of them. We

VerDate Sep 11 2014 23:28 Aug 28, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A28AU6.002 S28AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5966 CONGRESSIONAL RECORD — SENATE August 28, 2018 continue to pray for them. We continue gent and thoughtful judge. His rulings I yield the floor. to celebrate with them the great, larg- are clear and they are impartial. The PRESIDING OFFICER. The Sen- er-than-life, and distinguished life of One of his colleagues, Judge Lau- ator from Florida. Senator John McCain. rence Silberman, called Judge REMEMBERING JOHN MCCAIN It is hard to lose one of your best Kavanaugh ‘‘one of the most serious Mr. NELSON. Mr. President, when teammates, but I know the legacy judges’’ he has ‘‘ever encountered,’’ and you walk by Senator McCain’s desk John McCain leaves here in the Senate we expect that kind of seriousness and and see the black drape and the bowl of will long remain. sobriety when it comes to people who white roses, it really underscores the I want to echo a few comments made wear the black robe and sit in judg- loss. We lost a colleague. We lost a by the majority leader earlier today. ment of cases. Attorneys who have friend. The country lost a true public John McCain was a lion in the Senate practiced before Judge Kavanaugh de- servant. and in American politics. That is why scribe him as an ‘‘extremely well-pre- We have heard the stories. After I believe we should put together a bi- pared, careful, and thorough’’ judge. being shot down, spending all those partisan group who can bring together As I said, Judge Kavanaugh served on years in the Hanoi Hilton, beaten near- the best ideas on how we can memori- the DC Circuit, where he has authored ly to death when he was fished out of alize his service to his country and his 307 opinions and has attracted praise the lake in downtown Hanoi, he contin- legacy here in the Senate. We should across the ideological spectrum for the ued to serve his country—in the Navy, do this carefully and consider all op- clarity of his thought and expression in Congress, in this Senate, and, of tions about what the best form that and the precision of his legal rea- course, as the party’s nominee for tribute should take. Doing this in a soning. President. collaborative and a deliberate way I He respects the roles and responsibil- His call to serve and his sense of duty hope is how Senator McCain would ities that are assigned to the different and honor is the legacy of John have wanted it. I can’t tell you how branches of government—three coequal McCain. He is an example for all of us. many times he always advocated for branches—by the Constitution, and he He was a fighter, and he was funny regular order. He didn’t want ideas sees the proper role of the judiciary as too. Maybe it was the years in prison cooked up in some back room and then a limited, albeit important, one—not or the long line of military service or sprung on the Nation and the Senate; to make policy but to interpret the law the sometimes tense humor of fighter he wanted the committees to do their and apply it to individual cases impar- pilots. Maybe it was that legacy of his work because he knew that by doing tially, as written, with no eye cast to- family in the military, but he knew in so—by thinking about them, by testing ward the politics of the outcome or a his soul how special the United States ideas in a committee process—we im- desire to put a thumb on the scales of was and what the United States could prove the chances of a better product. justice in favor or against one of the do for its people and for the world. Despite our heavy loss, we can’t lose litigants. Sometimes we forget the stories of sight of our other work, either. I think Judge Kavanaugh has shown through the excruciating pain that Senator Senator McCain would want us to keep his opinions that he adheres to prece- McCain went through as a POW. In 2000 pushing the ball forward and achieving dent—something careful, thoughtful David Foster Wallace, in Rolling Stone more on behalf of the American people. magazine, wrote an article. I want to We all remember him as a fighter judges do—paying a keen eye to legal history and tradition and putting an give you some of the graphic details until the very end, and staying in the after he had been nearly beaten to fight and making progress for the emphasis on the text of the relevant statutes when interpreting them. How death and his weight had gone down to American people is what he would ex- 100 pounds. When they found out that pect of us as well. better to effectuate Congress’s intent than to read and apply the statutes his father was a four-star admiral and NOMINATION OF BRETT KAVANAUGH that are signed into law. his grandfather was a four-star admi- Mr. President, turning to that work ral, they decided they were going to before us, one of the most important This is in the nominee’s own words: [The] text may be pro-business or pro- offer him early release. This is what constitutional duties the Senate per- the author writes: forms is to provide advice and consent labor, pro-development or pro-environment, pro-bank or pro-consumer. Regardless, McCain, 100 pounds and barely able to to the President on nominations to his judges should follow clear text where it stand, refused [release]. The U.S. military’s Cabinet, to the Federal judiciary, and leads. Code of Conduct for Prisoners of War said for other Senate-confirmable positions. that POWs had to be released in the order Judge Kavanaugh also approaches his We have the responsibility to do that they were captured, and there were others with a judge whom he has now nomi- job with humility. When describing his who’d been in [that prison] Hoa Lo a long nated to succeed Anthony Kennedy as mindset, he said that a good judge has time, and McCain refused to violate the Associate Justice on the U.S. Supreme to ‘‘keep learning,’’ that they should Code. The commandant, not pleased, right Court. The hearing on his confirmation constantly challenge themselves to there in the office had guards break his ribs, rebreak his arm, knock his teeth out. will occur next week, and I hope we study legal problems in greater depth, even when doing so forces them to re- McCain still refused to leave without the will move forward quickly thereafter other POWs. And so then he spent four more to vote on his confirmation. consider their ‘‘instincts and prior in- clinations.’’ years in Hoa Lo [prison] like this, much of Judge Kavanaugh’s confirmation the time in solitary, in the dark, in a closet- process includes the largest production That is exactly the kind of Justice sized box called a ‘‘punishment cell.’’ Maybe of documents ever in the Senate’s con- the Supreme Court needs—one that is you’ve heard all this before . . . [there have sideration of a Supreme Court nomi- never content to rest on his laurels, certainly been] profiles of John McCain. But nee. Well over 400,000 pages of docu- one that is constantly educating and try to imagine the moment between getting ments have been produced on the improving himself when it comes to offered early release and turning it down. judge’s career. I appreciate Senator the history of our country or the nu- Try to imagine it was you. Imagine how loudly your most basic, primal self-interest GRASSLEY’s spearheading this effort in ances and difficult or technical aspects of the law. would have cried out to you in that moment, such a transparent, efficient, and thor- and all the ways you could rationalize ac- ough manner. The truth is that since his nomina- cepting the [commandant’s] offer. Can you Of course, I think logic would tell us tion Judge Kavanaugh has dem- hear it? If so, would you refuse to go? You that the best way for us to judge onstrated that he is imminently quali- simply can’t know for sure. None of us can. Kavanaugh is how he ruled in real, con- fied and well respected by all who know It’s hard to even imagine the pain and the crete cases that came before him while him and those familiar with his work. fear in that moment, much less how you’d serving on the DC Circuit Court of Ap- So as a member of the Senate Judici- react. peals for 12 years. That is the best evi- ary Committee, I look forward next That was written 18 years ago about dence of how he would perform if ele- Tuesday to participating in the con- John. In that moment, you could sum- vated and confirmed to the Supreme firmation hearings, and soon thereafter marize his courage, his strength, and Court. I look forward to voting to confirm his will to overcome. But here in the In Judge Kavanaugh’s case, what him as the next Justice on the Su- Senate we saw a leader who thought those rulings show is that he is a dili- preme Court of the United States. that public service was a noble calling,

VerDate Sep 11 2014 01:44 Aug 29, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G28AU6.011 S28AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 28, 2018 CONGRESSIONAL RECORD — SENATE S5967 a leader who always tried to do the of policy and political issues. On one SANDERS, and we had visited Pakistan, right thing, who always put the people thing in particular, I deeply admired Afghanistan, Jordan, and Israel. It was of his country ahead of himself—an in- and followed his lead as best I could. quite a group and a memorable trip at dividual who always believed that we, John was convinced what makes Amer- a time of great conflict, particularly in as Americans, can subscribe to a cause ica great, what has always made Amer- Afghanistan and Pakistan. It was our greater than ourselves. ica great, is its values, its principles; last day in Israel before returning America is certainly going to miss that we stand for something in the home. I spotted former Senator Joe John McCain. For this Senator and for world, not the example of our power Lieberman of Connecticut at dinner at Grace, as well, it was certainly a privi- but the power of our example; that the David Citadel Hotel, and he waved lege to know the McCains and to look only when we fight for those values, me over. He and McCain had just fin- up to him as a role model, not only for when we fight for the values that de- ished a long dinner, and Lieberman this Senator but for the entire country. fine us apart from other powerful na- asked me to sit down and talk about I yield the floor. tions—for human rights, for freedom of our trip, our experiences, and recent I suggest the absence of a quorum. speech and religious expression, for a developments in Pakistan and Afghani- The PRESIDING OFFICER (Mr. LEE). free press, an independent judiciary, stan. The clerk will call the roll. open and fair elections, for the very McCain barely acknowledged my The bill clerk proceeded to call the foundations of democracy as guaran- presence with a gruff grunt and seemed roll. tors of human liberty—only then do we genuinely distracted and even annoyed Mr. COONS. Mr. President, I ask best use our power to act in the world. as I was answering Joe Lieberman’s unanimous consent that the order for What impact did John McCain have questions, McCain looking around the the quorum call be rescinded. on those of us in the Senate and on our room and barely paying any attention. The PRESIDING OFFICER. Without country? John commanded this Cham- After 10 minutes, John snapped to and objection, it is so ordered. ber when he spoke like few others I asked me three pointed and chal- REMEMBERING JOHN MCCAIN have ever known, and he commanded it lenging questions, testing my observa- Mr. COONS. Mr. President, I come to precisely because he called us to our tions and my conclusions. Rattled and the floor to speak in honor, in memory, better selves, to put down the tools of intimidated, I defended as best I could of our colleague Senator John Sidney petty partisanship so often on display my insights before his withering ques- McCain III. I asked myself a series of here and to work together to fashion tioning. McCain grunted and stormed questions as I was trying to prepare for better solutions to the problems of our off, and in the silence of his wake he today’s comments. day. left behind him, Joe Lieberman leaned First, who was he? Who was John It was a great honor to be his cospon- over and said: I think he really likes McCain? John was a man deeply in love sor on his last immigration reform bill you. with his country and its promise, a earlier this year—a bill which offered I said: How can you tell? man optimistic that tomorrow would not partisan promises but a way for- To which Lieberman responded: He be better than today, and a man grate- ward to fix our immigration system, wouldn’t have bothered asking you ful for the chance to serve a cause which has, for far too long, been badly those questions or waiting for your an- greater than himself. His humor was broken. swers if he didn’t think you had some- rooted in that hopefulness, the some- Indeed, from immigration to thing to say. times sharp sting of his words in de- healthcare, national security to foreign There followed invitations to travel, bate rooted in his passion for his cause relations, John challenged us, pushed which I accepted less often than I and his love of the fight, and his rest- us to act in ways more worthy of this should have, but three trips were espe- lessness rooted in impatience to get on place and its history as the greatest de- cially memorable. While visiting a ref- with it, to get busy defending liberty liberative body on Earth, as a full ugee camp in Jordan where hundreds of or making a difference in the world to equal to the Executive, our President, Syrians had literally just arrived, flee- help soften the burdens of millions not as a group elected and empowered over ing the butchery of Assad’s troops, yet free. John was both a romantic and longer terms to know each other, to re- John wept with compassion for women a cynic, as some of have said, in love spect each other, and engage with each who recounted their husbands being with and passionate about the causes other in the real and hard and good murdered before them and their chil- he fought for, yet clear-eyed about the work of advancing America’s values at dren being taken from them. John long odds he often faced in a world hos- home and abroad. promised to fight for them and their tile to our ideals. What impact did John McCain have cause relentlessly, and he did. In trying to summarize John, just re- on me, the junior Senator from Dela- Just after inauguration last year at viewing a few of his titles barely cap- ware? First, my predecessor, former the North Atlantic Regional Security tures the sweep and complexity of this Senator and Vice President Joe Biden, Conference in Halifax, Canada, I got to man—naval aviator, POW, captain, let me know, from my first day here, see John command respect across the Congressman, Senator, chairman of the that John was a treasure and a chal- board from political and military lead- Commerce Committee, chairman of the lenge and that I would, in serving ers from a dozen countries, and I heard Armed Services Committee, Presi- alongside him, have a unique oppor- as leaders from allies and partners dential nominee of his party, states- tunity to learn from someone whose across Europe—from the Baltics to the man, hero. scope of experience was, in many ways, Balkins—pressed him for reassurance John also treasured, deeply, two ti- unmatched among our current Senate that we would keep our commitments, tles rarely mentioned here—husband colleagues. defend our values, and stand by their and father. He clearly loved his family I had the honor of traveling with young democracies in the face of Rus- and was every bit as privately pas- John, of seeing him at his absolute sian aggression. sionate about them as he was publicly best, of seeing him show compassion During that trip, too, Senator passionate about the causes he fought for Syrian refugees at a camp in Jor- McCain, once again, reiterated his for here and around the world. dan, hearing him confront corrupt for- principled, unequivocal stand against To Cindy and to all of John’s family, eign leaders and encourage our men the use of torture. His unwavering thank you so much for sharing him and women in harm’s way, and, most commitment on that issue at that crit- with us, for sustaining him in his serv- memorably, visiting Vietnam to see ical time was just one of the many ice over 60 years of his remarkable the genuine warmth with which the Vi- ways John nudged us ever closer to our service to our Nation. etnamese people and their leaders re- ideals. I was so honored to get to know John garded him. Finally, on an unforgettable trip to first as a colleague and then as a trav- I first encountered John overseas on Vietnam just last June, I got to visit eling companion and mentor and, in re- my first codel, or congressional delega- the Hanoi Hilton with John to hear his cent years, to be able to count him as tion trip, just a few months into my indescribable description of the deep a friend. We didn’t always agree, or first term, early in 2011. I was traveling deprivations of his long captivity and even often agree, on a very wide range with Senators MANCHIN, CORKER, and torture and then got to see in person

VerDate Sep 11 2014 01:44 Aug 29, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G28AU6.013 S28AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5968 CONGRESSIONAL RECORD — SENATE August 28, 2018 the high regard the people and leaders self survived imprisonment and torture for the hundreds of thousands of young of Vietnam had for him as a warrior at the hands of his Vietnamese captors, Americans who want to serve—whether and a peacemaker, a statesman, and Captain McCain could easily have re- in Teach For America or Habitat for healer of the wounds of that war. turned home after those 51⁄2 harrowing Humanity, the Peace Corps or our mili- We admired John for all these things, years in captivity to serve out his time tary—by expanding those opportunities but working with him in the Senate, and retire in comfort. Instead, he con- for them to learn skills, commit them- traveling with him, many of us got to tinued his cause of serving our Nation selves to our community and country, know him as not just a war hero and and, while here, worked tirelessly to and earn tuition funds for college statesman but a colleague, even a champion those unjustly imprisoned through service. friend. John’s temper was quick and around the world. Dissidents and activ- We must stay engaged internation- fierce. On more than one occasion, I ists who spoke up for freedom and ally and lead by the power of our exam- swear he peeled the paint off the wall against dictators knew no more dedi- ple. John would say this requires us to behind me with a fiery stream of pro- cated friend than Senator McCain, and advance not just America’s cherished fanity-laced invective, but he also, we on the Senate Human Rights Cau- values, but our interests—to stand more often than not, later apologized, cus intend to carry forward that work. against authoritarian leaders from came around, listened, even considered. After 9/11, when our own country was Russia, China, North Korea, and Iran, He was that breed of Senator—too rare engaged in enhanced interrogation and to stand with our democratic part- today—who knew how to fight passion- techniques that could only be called ners and allies like those in NATO. ately, yet not make it personal; whom torture, Senator McCain was irate and Last, we have to continue in John’s I could respect, even when I thought he insisted we end a practice he knew was spirit of working across the aisle. I was was deeply wrong; who pushed me re- both of limited value and that demeans struck, while hearing his remarkable lentlessly to defend and explain my both tortured and torturer. speech in Philadelphia at the National own positions and votes. John’s passion on this point wasn’t Constitution Center, where my prede- He showed unusual kindness to my just the pain of one who had experi- cessor, Vice President Biden, spoke children, my father and stepmother enced it himself, it was the pain of movingly in introducing him, and Sen- when they visited, and I was struck by someone who loved his country and felt ator McCain’s acceptance of that the delight John took in visiting with deeply the shame of episodes like Abu award. It should be mandatory viewing schoolchildren and seniors, with people Ghraib and then worked to address at every high school in America. It was of all kinds of backgrounds when they them. clear these two men, who served dec- visited this Capitol he loved. What will it mean to have Senator ades alongside each other, genuinely He also took wicked delight in teas- McCain no longer here with us? My knew each other, knew each other’s ing, and testing and working with jour- fear and concern is, we will not soon families, knew each other’s values, re- nalists, always letting them in on the see another Member of John’s stature spected each other, even though they joke or giving them a heads-up when join us, a stature John earned over dec- rarely, if ever, agreed. We must do that good trouble was brewing. ades of service and a demonstrated too. Most importantly, Senator John willingness to put country over party We have to demonstrate that we can McCain was genuinely humble, not the and cause over self. work together and, like John, be cheer- false modesty of a popular politician Senator McCain earned his ‘‘Mav- ful and grateful in our service. who knows he should feign indifference erick’’ title. It would serve all of us I caught my breath as I walked into to the cheers of a crowd. No, John’s hu- well to remember that even as his prin- this Chamber yesterday, seeing John’s mility was real, a demonstrated humil- cipled stands cost him the support of desk draped in black velvet and with ity of one who knows he is a flawed and many in his party and even home white flowers rather than seeing his re- fallen human, as are we all, and then State, he won the accolades of many markable stature, hearing his punc- sets about being open and accountable more here and millions abroad who tuated speech and his dramatic call to for his shortcomings. were delighted to see someone willing action that so often rang through this John, remarkably, for a modern poli- to risk reaching across the aisle and space. tician, wrote and spoke about and around the world from those hoping we John, I will not soon meet another acted on the ways in which he fell will continue to fight for the values man like you, and I only hope to some- short. In an excellent recent HBO biog- that best define America. day deserve the friendship you ex- raphy of him, ‘‘For Whom the Bell What should we do? What should we tended to a young and inexperienced Tolls,’’ McCain subjected himself to ac- do to honor the memory and legacy of Senator and to follow your example of countability for chapters in his life I Senator McCain? First, fight the dread- genuine humility, dedication, and pas- am certain he would have rather left ed disease that took him from us, as it sion in tirelessly serving the greatest forgotten in history. did my dear friend Beau Biden, beloved Nation on Earth and the best hope for In talking about the 2000 Presidential son of my predecessor Joe—Beau was freedom in our world. primaries, rather than simply blaming taken too young—and Senator Ted Rest well, dear friend. May God Him- his opponents and their dirty tricks for Kennedy, another great lion of this self hold you in the palm of His hand his loss, John took responsibility for Senate who was lost at a time he was and give peace to you and your family. his failure to stand up in South Caro- needed most. Brain cancer has robbed I yield the floor. lina against the practice of flying the us of our best and brightest, and we The PRESIDING OFFICER. The Sen- Confederate flag over their State cap- must work harder to cure and end this ator from Utah. itol. disease. Mr. HATCH. Mr. President, I ask John, even more strikingly, directly As has been proposed, I believe we unanimous consent that I be able to addressed his association with the should rename the great Senate build- complete my remarks here today. Keating Five scandal. John McCain ing in which John served for decades, The PRESIDING OFFICER. Without was cleared, but he viewed that scandal that we might keep his memory alive objection, it is so ordered. as part of the larger and growing prob- for future generations. Mr. HATCH. Mr. President, I rise to lem of campaign finance that has I also think we should strengthen and pay tribute to an American hero, a threatened the ethics of all who serve invest in national service, an expecta- powerful leader, and a dear friend, Sen- here. Rather than moving past it, he tion that all young Americans will ator John McCain. After decades of owned it and acted on it, angering lead- serve their country in some way, mili- dedicated service to this Nation, John ers in both parties by working relent- tary or civilian, which will take effort was taken from us over the weekend. lessly with Senator Feingold until they and investment, but service as a young The good Senator from Arizona fought passed the McCain-Feingold campaign man helped John fall in love with our his battle with brain cancer as he did finance reform bill. Nation. At a time of great division, I every battle in his life, with toughness John also used his hardest personal can think of nothing greater to remind and tenacity, with grit, and with grace. experience to make some of his most us of the spirit of service in which John This week, I join millions in mourning important contributions. Having him- lived his life than to make it possible the passing of a beloved patriot. Over a

VerDate Sep 11 2014 01:44 Aug 29, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G28AU6.015 S28AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 28, 2018 CONGRESSIONAL RECORD — SENATE S5969 lifetime of selfless service, John came The Pentagon had no closer ally than Senate and across the Nation, we will to embody the very pinnacle of Amer- John McCain. They also had no fiercer miss him dearly. ican virtue, courage, commitment, in- critic. Like an admiral who demanded John, thank you for blessing us with tegrity, and sacrifice. These are the only the very best of his sailors, John your service and your sacrifice. precepts he lived by and by which he wanted to ensure that our servicemen Today, my prayers are with the peo- will always be remembered. were living to their full potential, and ple of Arizona and the McCain family. No one is more worthy of the word so he held our Armed Forces to the I differed with John from time to time, ‘‘hero’’ than John McCain. The Sen- highest standard, never hesitating to but we never had any acrimony be- ate—indeed, I should say, the Nation— call out bureaucratic complacency and tween us. He was always open. He will miss the steady, guiding presence runaway spending in military ranks. would come across and help me when I of a singular statesman. Our men and women in uniform were needed the help here in the Senate, as By now, the biographical details of stronger and our Nation more safe be- I would do for him. It was a privilege to Senator McCain’s life have been cov- cause of his efforts. No one commanded serve with him. I feel very deeply about ered at length. The son of a four-star more respect than John McCain as the John McCain, and I am very pleased that I can stand here as one of his Navy admiral, John knew great expec- chairman of the Senate Armed Serv- friends who knew him well and praise tations from an early age. He was to ices Committee. forgo the comforts of civilian life and John constantly put others before him—maybe not as good as I really feel but good enough. fight for freedom, which he did. himself as a prisoner of war, and he did What is exceptional about John the same as a Senator. He was the kind NOMINATION OF BRETT KAVANAUGH McCain is that he not only met the of a friend you could count on for help Mr. President, on another matter, I heavy expectations placed upon him, when you needed it most. would like to take a moment to discuss he far exceeded them. Few have ever Nearly 20 years ago, Governor Mitt the nomination of Brett Kavanaugh to risen to the positions of influence that Romney—who at the time had been be an Associate Justice of the U.S. Su- John McCain did. Fewer still have done tasked with salvaging the Salt Lake preme Court. Next Tuesday, the Judiciary Com- so and kept their character intact, but Winter Olympic Games—came to me mittee will convene a hearing to con- Senator John McCain did. Indeed, he with a pressing problem: With only sider Judge Kavanaugh’s nomination. never parted from it. As a prisoner of months to go before the opening cere- The hearing will run 4 days. The Amer- war in Vietnam, John was offered re- mony, Utah lacked the Federal funding ican people will have an opportunity to lease on multiple occasions. Yet he re- it desperately needed to pull off the hear from Judge Kavanaugh at length. fused each offer until the POWs incar- Olympic Games. They will also hear from a number of cerated before him were also released. In our moment of need, we turned to lawyers, former colleagues, and clerks Greater love hath no man than this, Senator McCain. I took Mitt over to who know Judge Kavanaugh well and that a man lay down his life for his see him. The two of us marched up to can attest to his legal abilities and per- country, for his friends. John possessed Senator McCain’s office in the Russell sonal character. such love, proving time and again his Building. Even though we came unan- Ever since the President nominated willingness to lay down his life for his nounced, Senator McCain gladly re- Judge Kavanaugh to the Supreme brothers in uniform. As a captive, John ceived us. Together, Mitt and I made Court, my Democratic colleagues have McCain personified selfless sacrifice, the case for emergency funding. Within hurled all sorts of wild acquisitions offering himself as a bargaining chip to days, we had secured the resources we against him. They have called him a secure the freedom of his fellow coun- needed to move forward with the reactionary. That is terrible. They trymen. games, all thanks to Senator John have said his nomination threatens the Each day, for more than 2,000 days, McCain. Were it not for John’s quick destruction of the Constitution—even he endured horrors that few of us could action, I can honestly say the 2002 Win- more terrible. They have said that ever imagine: solitary confinement, ter Olympics would not have been a those who support his nomination are forced starvation, repeated beatings, success. In fact, it would have been an complicit in evil—even more terrible. and the constant threat of death. Yet embarrassment. He was not excited Well, next week the American people he stayed the course, finding strength about putting up Federal funds either, will have an opportunity to see Judge in the love he felt for his fellow serv- but all I had to do was ask, and he said Kavanaugh. They will find that he is icemen—and most of all, the love he fine. not a reactionary. They will find that felt for his beloved country. So esteemed was John by his Repub- he doesn’t, in fact, intend to destroy When John was eventually released lican colleagues that we didn’t hesitate the Constitution. They will also find in the spring of 1973, he came home a to throw our support behind him in the that those who, like me, support his living scar of Vietnam. The cartilage 2008 Presidential election. Senator nomination are not complicit in evil. in his knees was all but gone, the bones McCain mounted an admirable cam- Rather, the American people will see a in his body broken by endless beatings. paign, refusing to stoop to the political whip-smart, incredibly accomplished, He was a walking testament to the bru- mudslinging that all too often defines humble man. They will see a jurist who talities of torture and the depths of Presidential contests. I agree with the has authored more than 300 opinions human depravity, but the hell of war assessment of the late Charles and whose reasoning has won the day was not enough to stop John McCain Krauthammer: at the Supreme Court over a dozen from being a happy warrior. Upon his McCain ran a valiant race against impos- times where the Court has copied his return, he continued the same mission sible odds. He will be—he should be—remem- opinions. They will see a devoted hus- he started in Vietnam: looking out for bered as the most worthy Presidential nomi- band and father who puts his family the safety and welfare of his fellow nee ever to be denied the prize. and community first. They will see a sailors. That was a wonderful quote. man who spends his spare time coach- Few remember that the time before We will remember John for many ing youth basketball and feeding the John was elected to Congress, he was things—for his courage as a sailor, for homeless. They will see a beloved the Navy’s Senate liaison. It was in his dedication as a Senator, and for his teacher who wins sterling reviews from this capacity that he and I first became principle as a statesman. We will also students for his fairminded approach to friends. Even then, John impressed me remember how he embodied the best in teaching constitutional law. In other with his sense of mission, going to in- us. John McCain was a man for all sea- words, the American people will see credible lengths to ensure that our sons—a voice of temperance in intem- what those of us who know Judge service men and women had the re- perate times and a model of civility Kavanaugh see in him. It is those sources they needed to keep us safe. He and reason. The tragedy of his passing qualities that make me proud of the would carry that same commitment is that we need men like John McCain role I played in his confirmation as a with him when he was elected to the now more than ever before. circuit court judge in 2006 after years House of Representatives in 1982 and 5 I consider myself incredibly lucky to of partisan obstruction. years later when he joined us in the have known John and even luckier to I have been on the Judiciary Com- Senate. have called him friend. Here in the mittee for the last 14 Supreme Court

VerDate Sep 11 2014 01:44 Aug 29, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G28AU6.017 S28AUPT1 lotter on DSKBCFDHB2PROD with SENATE S5970 CONGRESSIONAL RECORD — SENATE August 28, 2018 confirmation hearings. Judge I want to again tell the McCain fam- About 6 weeks later, I went back, and Kavanaugh’s will be my 15th and final. ily that our prayers are with them and I sat through 12 hours of his first hear- He is as qualified and ready to serve as our hearts are with them. We thank ing—12 hours in a Turkish courtroom. any nominee I have seen to our Na- them for allowing him to share some of That convinced me that this man was tion’s highest Court. his life here with us in the Senate. being subjected to a kangaroo court. I hope that next week, the over-the- CALLING FOR THE RELEASE OF PASTOR ANDREW The legal system there is very different top rhetoric and misrepresentations BRUNSON from our own. He has no jury. He is about Judge Kavanaugh will finally Mr. President, now I would like to speaking before three judges and a cease. Let’s make this confirmation turn to another sad topic. It is a floor prosecutor who sits up at the dais with about Judge Kavanaugh. Let’s make it speech that I have had to give over the the judges. They assume you are guilty about his judiciary record and his expe- past few months and sadly may have to unless you prove to them you are inno- rience. Let’s stop trying to gin up the give over the next several months. It cent. He testified for almost 6 hours base by pretending his nomination is a has to do with someone who has been that day. We heard from secret wit- threat to the Republic. in detention now for 690 days in the nesses whose voices were scrambled— Brett Kavanaugh is an excellent country of Turkey. some of them are in prison—putting judge and a good man. He will make an In October 2016, this man was de- forth some of the most absurd charges outstanding Justice. Next week, the tained. He was held in a Turkish prison or allegations you can imagine, but American people will see that for for almost 19 months, in a cell that was they are enough to keep him in prison. themselves. I think it will be an eye- designed for 8 people—it had 21 people About a month ago, the Turkish Gov- opener for some people who have been in it. This man’s name is Andrew ernment did agree—or I should say listening to some of the rhetoric Brunson. He is from Black Mountain, their judiciary did agree to release him thrown his way. I know him well. He is NC. He is a Presbyterian minister, and on house arrest. So for about the last a bright man. He is an honest man. He he spent the better part of 20 years in month, he has been confined to an tells the truth. He writes very well. He Turkey in a Christian ministry. He apartment he has near Izmir. He has a will make an excellent addition to the opened a church just outside of Izmir tracking bracelet on his ankle. As far U.S. Supreme Court. He is honest. He is several years ago. It is a very small as I am concerned, he is still in prison. faithful. He is a good family man. He is church. They had an open-door policy. For the past several months, I have everything you would want in a Justice Anyone could come in. He had been liv- been trying to do everything I could to on the greatest court in the world. I ing there peacefully for 20 years. show respect to the Turkish Govern- know him. I support him—not just be- In 2016, there was a coup attempt ment but make it clear that America cause he is a Republican or because he that I still maintain was illegal. It was will not stand for this kind of treat- gives the Republicans somewhat of an not the proper way to change govern- ment of an American citizen, particu- advantage on the Court but because he ment, whether in the United States or larly from a country that is a NATO is one heck of a good person, one heck in Turkey. The people responsible for ally, a country that we have a treaty of a good judge, and one heck of a good that coup should be held accountable obligation to go and defend in a time of student of the law. He is a wonderful to the law. Unfortunately, Pastor any sort of adversarial act. Let’s say man, and I hope my colleagues on both Brunson got swept up in the emergency Russia or some other nation chooses to sides of the aisle will see it through in actions that President Erdogan took do something hostile to Turkey. We are a way that will be an honor to this after the coup attempt, and he was put obligated to send men and women onto body, not a desecration. in prison. He actually thought he was Turkish soil to fight side by side for Mr. President, I yield the floor. going down to finally get his perma- their freedom. Yet I have an American The PRESIDING OFFICER. The Sen- nent residency documents in Turkey, who has been charged with bogus ator from North Carolina. which he had been working on for a charges in prison in a NATO ally coun- Mr. TILLIS. Mr. President, I ask while, when he and his wife were ar- try. This is the first time that has ever unanimous consent that I be able to rested. His wife was held in prison for happened in the history of the alliance. complete my brief remarks. about 12 days. Pastor Brunson has been When we talk to the people—the For- The PRESIDING OFFICER. Without in prison and now detained under house eign Minister, President Erdogan, and objection, it is so ordered. arrest for what will be 2 years in Octo- others—about this, they say: Well, we REMEMBERING JOHN MCCAIN ber. just have to have our judicial process Mr. TILLIS. Mr. President, before I The issue actually came to me as follow its course. I don’t believe that is speak on another topic I sadly have to constituent work about a year and a true. As a matter of fact, I believe we come to the floor every week and speak half ago. We were doing everything we have a President who is inclined to try on, I want to offer my heartfelt condo- could to go through diplomatic chan- and do a hostage swap. The reason I be- lences to the McCain family and all of nels to try to get Pastor Brunson re- lieve that is that after they said we his friends and supporters. leased. Earlier this year, they finally— have to let the judicial process follow I had the privilege of serving on the after about 19 months in prison with- its course, President Erdogan made Senate Armed Services Committee out charges, they issued an indictment this statement publicly—that they with Senator McCain for 3 years. I and read the indictment. It was absurd. have someone here who they believe learned a lot from him. During his en- I am not an attorney, but I couldn’t was involved in the coup attempt. We tire time in Congress, he did a wonder- even understand how—the charges they said to them, if they are and can prove ful job of standing up for the men and had levied against Pastor Brunson and it and if we have an extradition treaty, women in uniform and standing up for the evidence they used to substantiate we will extradite that person. They veterans. the charges I don’t believe would keep haven’t proven it. What they have said I also wanted to share this one story. you in jail in the United States over- to the press is, If you give us our pas- I had a reporter ask me yesterday: night. Yet this man had already been tor, we will give you your pastor. What kinds of experiences have you held in prison for 19 months. I also Maybe it was just an offhanded com- had with him that were most memo- heard that he was really concerned. His ment that he regrets. Maybe he didn’t rable? It was a day I spent with him in mental state was down. He lost 50 really mean that he is willing to trade North Carolina back in 2014. I think pounds over about a year and a half. I someone on U.S. soil for somebody on you can really judge a politician by also heard through diplomatic channels Turkish soil. Then why, just a few how they behave when they are not in that he was afraid that the American weeks ago, did the administration or front of the camera or here at one of people would read these indictments, administration officials say, ‘‘Well, the desks in the Senate. When you saw believe them, and then turn their OK, if we can’t trade a pastor for a pas- him interacting with men and women backs on him. That is when I requested tor, then if you agree to drop a lawsuit in uniform and with veterans, you saw a trip to Turkey to visit him in a pris- that is against a major banking insti- a man with a heart of gold and a com- on and look at him eye-to-eye and let tution in Turkey, we will give you Pas- mitment to those men and women in him know that as long as I am a U.S. tor Brunson’’? If, after two different uniform. Senator, he will not be forgotten. examples, they haven’t proven that

VerDate Sep 11 2014 01:44 Aug 29, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G28AU6.018 S28AUPT1 lotter on DSKBCFDHB2PROD with SENATE August 28, 2018 CONGRESSIONAL RECORD — SENATE S5971 this is a hostage situation, I don’t have come their way. This is a tough and lost. I ran for President and lost. know what is. time for the family. LINDSEY, it is the only place in the Na- Over the past several months, we John has seven wonderful children. tion where mothers tell their children: have had to put a provision in the Na- Cindy, as a devoted wife, you really You can never grow up to be President. tional Defense Authorization Act to did well by John. I say to the Senator from Oregon, re- hold Turkey accountable. It relates to I am going to try to make this some- member that. Maybe you can break the Pastor Brunson’s imprisonment. It re- what fun even though I don’t feel in a string. lates to their consideration for buying funny mood right now. He said: LINDSEY, aren’t you a law- a Russian-made missile defense system Let’s start off with the tie. To any- yer? that would never be allowed to inter- body who may be watching on tele- Yes, I am, John. operate with the NATO missile defense vision, this is a Naval Academy tie. Do you know the difference between system. We have also told them that I wore this today, John, to honor you a lawyer and a catfish? we may have to reconsider whether we and to annoy you all at the same time. No, I don’t. would actually transfer Joint Strike He would constantly tell me: One is a bottom-dwelling, scum-suck- Fighter F–35 planes to Turkey and the LINDSEY, I wish you were in my Naval ing creature, and the other is a fish. timeline they are supposed to go there, Academy class. No wonder we did so poorly with law- which would be at the end of 2020. I would say: Well, that is very nice, yers, John. I hope we get past all of this. I hope John. He said: Do you know why I didn’t that measure in the National Defense Do you know why, LINDSEY? join the Marines, LINDSEY? Authorization Act is the last one I No, John. No. have to pursue here. Yet, as long as If you would have been in my class, I My parents were married. Pastor Brunson is imprisoned in Tur- would have been sixth from the bot- I am going to miss these dumb jokes. key, I will do everything I can to get tom, not fifth. What else did I learn? I learned how the 72 Senators who signed the letter Thank you very much, John. to fight a lot, everything and every- that expressed concern for Pastor Humiliation and affection were con- body. I learned how to forgive. And Brunson—it is extraordinary to get stant companions. The more he humili- from him, I saw how to heal. that many Senators to agree on some- ated you, the more he liked you, and in On the fighting side, I learned that thing in this body—to take it up an- that regard, I was well-served. the captured warrior who was tortured other notch unless Pastor Brunson is To my colleagues, thank you again became the statesman who forgave and set free. so much for what you have done. The healed a relationship between his I hope, next week, I will come to this only way I know to put this in words former adversary and our Nation. floor and thank Turkey for doing the that maybe John can relate to is that I went to the Hanoi Hilton with right thing in releasing Pastor Brunson after a military operation is over, after John. That is one of the highlights of and in allowing his wife, Norine, to a mission is complete, the pilot comes my life. It is now a museum, and we travel out of the country. I hope, next back and debriefs. If there is a military are the bad guys because they get to year or next week, I will be talking operation, you do an after-action re- write how the museum reads. I remem- about the positive things we can do port. I thought to myself, what would ber being in front of his cell, and you with the NATO allies to secure their it say? What would the after-action re- could see the wheels turning and the homeland, to improve our trade agree- port for John McCain say? The purpose memories coming back. As we walked ments, and to actually have the rela- of these reports is for lessons learned forward, surrounded by a bunch of han- tionship with that NATO ally that I so that we will benefit and make sure dlers—and John McCain was like Elvis want so badly to have. Until Pastor that we remember—remember the in Vietnam. It was the most amazing Brunson is released, there is no way on things that went well and the things thing in the world how people adored this Earth that I will do anything to that did not so that we will be better him in Vietnam. I saw a bunch of make our relationship better. off as a unit and as a nation. photos on the wall of the prisoners It is within President Erdogan’s The title of the operation was pretty playing volleyball and sitting in the power to take this off the table today. easy—you can say a lot of things about Sun with sunglasses on. I hope that President Erdogan and the me but ‘‘clever’’ is not one of them— I said: John, it must not have been Turkish officials hear our pleas. Show ‘‘Operation Maverick.’’ It began in the that bad after all. us, a NATO ally, the respect we de- fall of 1954 at the Naval Academy—the With a wide smile, he said: I don’t re- serve, and free Pastor Brunson. year before I was born—and it ended member it this way—which allowed us I yield the floor. August 25, 2018. And what can we learn? to get out of Vietnam. The source of the report is me, his po- I remember him embracing a war f litical wingman, code named ‘‘Little that nobody wanted to talk about be- RECESS Jerk’’—you all have your names, and cause he understood what it would cost you earned them like I did—who was to lose it. I remember him supporting The PRESIDING OFFICER. Under lucky enough to walk in his shadow the surge when everybody was willing the previous order, the Senate stands and to witness history up close, to be to get out of Iraq because they were so in recess until 2:15 p.m. in the presence of a giant at a time ev- tired of it and saw no way forward. I re- Thereupon, the Senate, at 12:48 p.m., erything around us was so small. member the fighter. I remember the recessed until 2:15 p.m. and reassem- What did I learn? I learned that a few 2008 campaign when, in 2007, John bled when called to order by the Pre- dumb jokes told over and over again McCain was fifth in a four-person race; siding Officer (Mr. PORTMAN). actually become funny and can take written off as politically dead; no f you a long way in politics, MARCO. I am money. The ‘‘Straight Talk Express’’ EXECUTIVE CALENDAR—Continued going to give them to you because had no wheels. John liked you. After a visit to Iraq in July, where The PRESIDING OFFICER. The Sen- He said: LINDSEY, how hot is it in Ar- General Petraeus allowed him to talk ator from South Carolina. izona? to 600 people who were going to reenlist REMEMBERING JOHN MCCAIN John, I don’t know. in a war that they did not have to con- Mr. GRAHAM. Mr. President, I have It is so hot that the trees chase the tinue to fight, and about an equal num- been thinking about this, I have been dogs. ber were becoming citizens because dreading this, and now I am going to do Well, isn’t that funny, John. they were fighting for their country this. He said: What is unique about Ari- and had expedited citizenship—there To all of my colleagues who have zona? were two empty chairs in the front come before me, you have done right I said: I don’t know, John. I would with boots, and John asked: What is by our friend Senator McCain. The imagine a lot of things. that all about? Two didn’t make it to family appreciates all the good words, Barry Goldwater ran for President the ceremony, but they were given the kindnesses, and the antidotes that and lost. Mo Udall ran for President their citizenship that day. I remember

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