S6516 CONGRESSIONAL RECORD — SENATE November 13, 2019 Obama administration and others that crowding out important legislation for The senior assistant legislative clerk Turkey, under President Erdogan, the American people. In the House, read the nomination of Chad F. Wolf, of would be a model democracy, in prac- Speaker PELOSI is more interested in Virginia, to be Under Secretary for tice, these important values have suf- taking away President Trump’s job Strategy, Policy, and Plans, Depart- fered under his tenure. than in creating 176,000 new jobs for ment of Homeland Security. (New Posi- As the Turkish people’s concern con- American workers by passing the tion) tinues growing, it is troubling that the USMCA. She is blocking this landmark The PRESIDING OFFICER. The political space for them to express trade agreement. Democratic whip. those concerns has seemed to shrink In the Senate, our Democratic col- IMMIGRATION further. At the same time, the United leagues have filibustered the funding of Mr. DURBIN. Mr. President, if mem- States must recognize that the path to our Armed Forces. Despite promising bers of the American public came to addressing our concerns involves work- to forgo the poison pills a few months the Senate Chamber this week to wit- ing with this important NATO ally and back, Democratic leadership has run ness legislative activity, such as a aligning its interests with ours. the appropriations process aground so piece of legislation on the floor, Turning a cold shoulder altogether they can fight over immigration policy amendments, debate, votes, delibera- would be a major strategic misstep and with the White House. tion, or compromise, they are out of would jeopardize our national security Speaking of our Armed Forces, House luck. We don’t do that in the Senate and our interests. We do not need Tur- Democrats are also slow-walking the anymore. We are not going to do it this key to fall further into Moscow’s orbit. National Defense Authorization Act. week; we didn’t do it last week; and we I know my colleagues are looking to That is an essential bill that Congress didn’t do it the week before. Now, the Republican leader just said see whether a deal can be reached on has passed every year—every year the problem is impeachment. The prob- the S–400 air defense system. since 1961 like clockwork—every year, lem is not impeachment. The problem I share my colleagues’ uneasiness at on a bipartisan basis, for almost six seeing President Erdogan honored is the Senate is not a Senate anymore. decades, but this year House Demo- All we do in the Senate—all we do in down at the White House, but I urge crats broke with precedent and passed the Senate is this serial list of judicial this body to remain clear-eyed about their own partisan version and are now nominations, one after the other, after our Nation’s vital interests in the Mid- stalling the conference committee. the other, after the other. That is it. dle East and the fact that advancing These are the priorities that are lan- We don’t take up legislation. them will mean strengthening our rela- guishing as impeachment marches on. Yesterday there was a—right across tionship with this NATO ally, not f the street from this Capitol Building, weakening it further. in front of the Supreme Court, hun- f MEASURE PLACED ON THE dreds of people were there because of a CALENDAR—S. 2840 IMPEACHMENT hearing in the Supreme Court on the Mr. MCCONNELL. Mr. President, I issue of DACA, which was created by Mr. MCCONNELL. Mr. President, on understand there is a bill at the desk President Obama, where 780,000 un- one final matter, today, almost 3 years that is due for a second reading. documented young people had a chance in the House Democrats’ quest to im- The PRESIDING OFFICER. The to stay in this country and was abol- peach the President and 7 weeks into clerk will read the bill by title for the ished by President Trump. Hundreds the inquiry that Speaker PELOSI pro- second time. came out yesterday. They wanted to claimed in a press conference, House The senior assistant legislative clerk hear—at least try to hear the Supreme Democrats will hold their first public read as follows: Court deliberations on their future and hearing on impeachment. A bill (S. 2840) to authorize appropriations what would happen to them. This hearing was mandated by the It is quite possible that the Court strange resolution House Democrats for fiscal year 2020 for military activities of the Department of Defense, for military con- will rule in the President’s favor. I passed a couple of weeks ago. That res- struction, and for defense activities of the hope not, but it is possible, and the fu- olution did not provide President Department of Energy, and for other pur- ture of these young people will be de- Trump with important rights, which poses. portation. You can imagine how they the House afforded to Presidents of Mr. MCCONNELL. Mr. President, in feel about this issue. They look back both parties during past impeachment order to place the bill on the calendar over here at the Capitol and they won- inquiries. It didn’t even afford their under the provisions of rule XIV, I ob- der: What are they doing in the U.S. own House Republican colleagues the ject to further proceedings. Capitol building to deal with an issue same rights that House Republicans The PRESIDING OFFICER. Objec- of such grave importance for such a gave Democrats during the Clinton in- tion having been heard, the bill will be large group of people in the United quiry. No; House Democrats’ resolution placed on the calendar. States? Here’s what we are doing: just codified their unfair approach: no f Nothing—nothing. due process now, maybe some later, but The House of Representatives passed only if we feel like it. That is what it RESERVATION OF LEADER TIME the American Dream and Promise Act establishes. The PRESIDING OFFICER. Under in the month of June, and the U.S. Sen- The American people know that ate and Senator MCCONNELL will not many Washington Democrats have had the previous order, the leadership time is reserved. let us bring it to the floor. Is he going their minds made up on impeachment to blame the impeachment proceedings for years. It was clear on election day f for the fact that we have waited 5 2016, and it became undeniable by Inau- CONCLUSION OF MORNING months now with this critical bill, hav- guration Day. That is when the Wash- BUSINESS ing passed the House, not even being ington Post, before he was sworn in, considered in the U.S. Senate? Is that ran this headline: ‘‘The Campaign to The PRESIDING OFFICER. Morning the reason we haven’t been able to take Impeach President Trump has Begun.’’ business is closed. up serious legislation for weeks in the The whole country saw a prominent f U.S. Senate? Of course not. It is not House Democrat state publicly in April about impeachment; it is about a strat- of 2017: ‘‘I’m going to fight every day EXECUTIVE SESSION egy designed by the Senate Republican until he’s impeached.’’ That is the leader not to entertain substantive leg- chairwoman of one of the committees islation—just to take up the issues of EXECUTIVE CALENDAR the Speaker has given responsibility nominations. for this inquiry, promising impeach- The PRESIDING OFFICER. Under The nominations, of course, are an ment 3 months into his Presidency. the previous order, the Senate will pro- issue themselves. I mentioned the judi- It is hardly surprising that this par- ceed to executive session and resume cial nominations. Well, last week in tisan journey is not yielding a neutral consideration of the following nomina- the Senate Judiciary Committee, we process. Unfortunately, it is also tion, which the clerk will report. had the ninth Trump nominee for the

VerDate Sep 11 2014 03:18 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.001 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6517 Federal bench who had been found un- Stephen Vladeck, a leading expert on that day. He was 4 years old—4 years qualified by the American Bar Associa- the Senate’s confirmation process, old in a U.S. immigration court be- tion. That is nine so far. You say to notes that the President’s approach is cause of the separation of children yourself, well, that must happen from ‘‘depriving the Senate of its constitu- from their parents. He did jump up on time to time. It never happened one tional role—and in the process, of op- the chair because he saw a Matchbox time under President Obama; not one portunities to vet his nominees, to re- car on the table that he could play nominee was judged unqualified. There ject those who are unqualified, and to with while this hearing was deciding are nine of them under President conduct meaningful oversight of the his fate. Trump. Why? Because this administra- executive branch.’’ Do you know what happened? They tion, with the cooperation of Senator So what does the Senate institution- continued their cases for another 6 MCCONNELL, is hell-bent to fill these alists and the Senator from Kentucky months. Fortunately, Marta was re- vacancies, regardless of the com- think about diminishing the roles of united with her father in less than 6 petency of the individual who is being the Senate? Just fine, Mr. President, months. Do you know what happened nominated. whatever you want. when separated children were united? On the calendar today is another Today, the Senate will actually have Some of these children would not even nomination. Today the Senate is going a chance to vote on this individual, let their own mothers hold them. That to vote on the nomination of Chad Chad Wolf, to become an Under Sec- is what happens when you separate a 2- Wolf. This is technically a vote for Mr. retary on his quick path to become an year old from her mother for months at Wolf to be the Department of Home- Acting Secretary on his even quicker a time. That is what happened over and land Security’s Under Secretary for path to be in some way retired or fired. over again on the watch of Kirstjen policy. So is Chad Wolf the right person to Nielsen, the Secretary of Homeland Se- Let’s be clear. This is actually a vote run the Department of Homeland Secu- curity. Mr. Chad Wolf, who is on our on whether Mr. Wolf would run the en- rity, one of the most important law en- calendar today, was her chief of staff tire Department of Homeland Security. forcement agencies? His main quali- during this zero-tolerance policy. He would be the sixth Secretary in fication appears to be that he was Chief These disastrous separations have charge of this critical agency, the De- of Staff and top adviser to former Sec- done permanent damage to countless partment of Homeland Security—the retary . children. I saw two of them. Publicly sixth one since President Trump was I would say that arguably she may released emails show that Mr. Chad elected. Talk about a fast-moving, re- have been one of the worst performing Wolf, who will be voted on today in the volving exit door. You can hardly get Homeland Security Secretaries ever in Senate, was deeply involved in the dis- your desk put together with a few pens our history. It was Kirstjen Nielsen cussions that led to this policy. As far and computers on top of it; then, with who falsely claimed, ‘‘We do not have a back as December of 2017, Wolf was President Trump, you are out the door policy of separating families at the Acting Chief of Staff to Secretary if you are the Secretary of the Depart- border.’’ Then came along the Federal Nielsen. He sent the Justice Depart- ment of Homeland Security. judge in Southern California and de- ment a list of 16 options for deterring Next up is Chad Wolf. The President manded an accounting of what actually undocumented immigrants. No. 2 on has indicated he is going to appoint was going on at the border. Do you the list was ‘‘separate family units.’’ him, not as the Secretary of Homeland know what the judge found after he de- His fingerprints are all over zero toler- Security—no, the Acting Secretary of manded that the Department of Home- ance. Homeland Security. But he first has to land Security under Kirstjen Nielsen Mr. Wolf was also intimately in- be confirmed as an Under Secretary. account for family separations? They volved in the Trump administration’s The Trump administration has shown found that more than 2,800 infants, tod- efforts to use Dreamers as bargaining in their immigration policy an ap- dlers, and children had been separated chips to advance the President’s anti- proach to this issue that we haven’t from their parents at the border. Even immigrant agenda. After he repealed seen for decades in Washington or the worse, there was no effort made to DACA, President Trump rejected nu- United States. The President has been trace where the parents were headed merous bipartisan deals to protect especially harsh when it comes to fami- and where the child was headed. At the Dreamers. I will not go through the lies and children. President Trump’s end, some of these children never ever awful details of our bipartisan efforts ineffective policies have made our were reunited with their parents, sepa- to come up with a bill, which the Presi- southern border much less secure than rated by Kirstjen Nielsen’s Department dent time and again rejected. Instead, when he took office. The situation has of Homeland Security. he said: Here is my approach to the even been worsened by this gaping I have seen the results of these disas- Senate. Take it or leave it. leadership vacuum in the Department trous separations. At the immigration The Senate left. It received fewer of Homeland Security. In less than 3 court in downtown Chicago, in a Loop than 40 votes in a Senate dominated by years, there have been four heads of high-rise building that you would never a Republican majority. the Department. Wolf would be the pick out as a court, you take an eleva- The administration said that it fifth person—I said six earlier, sorry— tor to one of the top floors and get out would support the authorization of to run it and the third Acting Sec- on a crowded floor. There are people Dreamers if the Congress passed his retary. Every position at the Depart- standing four- and five-deep waiting for plan, which included the largest cut in ment of Homeland Security with re- the docket call for immigration court. legal immigration in almost a century. sponsibility for immigration is now I went into the court just last year to The Senate rejected it. How do I know held by a temporary appointee ready to see what family separation was all that Mr. Wolf was involved in this ef- be fired at a moment’s notice, and the about. I found a good judge who had fort? I sat in on a half dozen meetings White House is not even submitting been at it for almost 20 years, and she with Secretary Nielsen and Mr. Wolf, nominations for those positions. This said to me: Senator, please stay for the just down the hall from here in the of- is a conscious choice by the Trump docket call, at least the first group of fice of Republican Congressman KEVIN White House to increase their power clients. MCCARTHY. He was there. Wolf was part and to undermine the role of the U.S. The first group of clients were called. of the program. Senate, and the Republican majority Marta was one of the clients. The judge In another administration, involve- thinks it is just fine. said: Would the clients please take ment in family separation and DACA The President has boasted about all their seats. The problem—the problem repeal would be grounds for dismissal. of his Acting Secretaries. He even has was, Marta was 2 years old. Marta had In the Trump administration, it is an Acting Chief of Staff. to be lifted into her chair and handed a grounds for promotion—promotion to said: I like acting. It gives you great, stuffed animal that she was hanging become the Acting Secretary and to great flexibility. onto throughout this hearing, which I see if this flavor of the month as the It sure does. You can just fire a per- am sure she never understood. head of one of these key agencies can son and call the next up in a moment, Hamilton was a little boy who was actually gut it out for 6 months. It in a matter of days. also a client in the immigration court might be a record if he did.

VerDate Sep 11 2014 03:18 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.003 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE S6518 CONGRESSIONAL RECORD — SENATE November 13, 2019 I urge my colleagues to oppose the dents: We are sorry you were de- The Second Circuit is one of our most nomination of Mr. Wolf. frauded, but it shouldn’t ruin your life. important appellate courts. It hears NOMINATION OF STEVEN J. MENASHI We are going to make sure your stu- appeals coming out of the Southern Mr. President, on the subject of dent loan at this bogus institution is District of New York, where there are nominations, last week every Repub- forgiven. multiple investigations underway of lican member of the Senate Judiciary Months ago, we learned that the national note. Committee voted to report out the DeVos Department of Education mis- The Senate should have grave res- nomination of Steven Menashi for a used private Social Security Adminis- ervations about advancing a nominee lifetime judgeship on the Second Cir- tration data to deny student loan relief to the Second Circuit who currently cuit. Every Democratic Member voted to thousands of students cheated by works in the White House but would the other way, and for good reason. the failed for-profit school, Corinthian not disclose under oath what he does, Steven Menashi lacks even the most Colleges. Last week, we learned that who has minimal courtroom experi- basic courtroom experience. He has Mr. Menashi, the nominee we will con- ence, who has a record of giving trou- never argued in court, conducted a dep- sider this week, was the architect of bling legal advice, and who has a his- osition, or tried a case. He has written this plan to deny these students full tory of expressing views which were en- dozens of incendiary editorials and ar- and fair relief. He gave legal advice to tirely out of the mainstream. ticles in which he showed a lack of Secretary DeVos on how to carry it I want to commend one Republican judgment and judicial temperament. out. colleague, Senator SUSAN COLLINS of Let me give you a couple of exam- It was certainly bad advice. A Fed- Maine, who said she is personally going ples. He said that ‘‘charges of racism eral court ruled that the Menashi plan to oppose the Menashi nomination be- are typically overblown.’’ He went on illegally violated student privacy and cause in her words—I couldn’t say it to say that gun control legislation is ordered the Department to stop put- more clearly—‘‘I do not believe he is ‘‘pointless and self-defeating because ting Corinthian borrowers into collec- well-suited to serve on the federal guns reduce crime.’’ Then he said, ‘‘The tion while they waited for relief. This bench.’’ Wouldn’t it be great if a few animal rights crowd is, by and large, a man, who wants a lifetime appoint- more Senate Republicans felt the same contemptible bunch.’’ ment to opine and rule and judge on way? Mr. Menashi currently works in the laws and statutes and the Constitution, I urge a ‘‘no’’ vote on the Menashi White House. He works with Stephen gave advice to the Secretary of Edu- nomination. Miller. There is a name that may be fa- cation that turned out to be found in I yield the floor. violation of the law. In the months miliar. He is pushing Stephen Miller’s Mrs. FEINSTEIN. Mr. President, I that followed, the Department failed to anti-immigrant agenda. rise today in opposition to the nomina- He spent several years advising the comply with the order of the court, re- tion of Steven Menashi to the United Secretary of Education, Betsy DeVos, sulting in the judge’s holding Sec- States Court of Appeals for the Second on some of the most anti-student meas- retary DeVos in contempt of court and Circuit. ures that Department has ever under- forcing her to pay a fine because of From 2017 to 2018, Mr. Menashi served taken. Menashi’s advice. What a debacle. Yet as the Acting General Counsel of the Mr. Menashi’s hearing before the my Republican colleagues believe that Department of Education under Sec- Senate Judiciary Committee was an the appropriate response to this deba- retary Betsy DeVos. Mr. Menashi has embarrassment. He refused to answer cle by Mr. Menashi is to promote him stated that, in this role, he was ‘‘re- basic questions from either Democrats to a lifetime appointment to a court sponsible for providing legal advice re- or Republicans, basically saying to the that is one step below the U.S. Su- lated to all aspects of the Department’s Judiciary Committee: My experience— preme Court. what I have done, what I believe—is While Mr. Menashi is looking forward operations, including litigation, rule- none of your business. to his lifetime job, the victims of Co- making, regulation, and enforcement.’’ It was a deeply troubling nomina- rinthian Colleges’ fraud and Menashi’s Before Mr. Menashi joined the De- tion, to the point where even Repub- illegal scheme continue to suffer with- partment of Education, the Depart- lican colleagues on the committee were out the relief they deserve—victims ment had found that thousands of stu- chiding him to answer a question if he like a man named Sheldon, one of my dents had been defrauded by for-profit wanted a lifetime appointment to the constituents from Bloomington, IL. He colleges. The for-profit schools had lied second highest court in the land. He took out student loans to enroll in an to students about job prospects, grad- continued to refuse, but he still won all online criminal justice course from one uation rates, and steered them into of their votes when his nomination of the Corinthian schools, called Ever- mountains of debt. The Department came up last week. est College. had concluded that these students were Apparently, Mr. Menashi is hoping Corinthian may have gone bankrupt entitled to relief from their student that in this busy week, we are going to in 2016 after it was revealed that it had loan debt. hold this floor vote, and nobody will defrauded students into signing up, but But when Mr. Menashi arrived at the notice. Well, a lot of Americans will former students like Sheldon have had Department, he took a different view. notice, especially the tens of thousands no relief from the Department of Edu- He wrote a memo, which has since been of Americans who have been the vic- cation for their student loan debt from obtained by , argu- tims of the for-profit college scams. Do this bankrupt school that defrauded ing against full debt relief for the stu- you remember those schools? You have them. The collection agencies still dents. heard a lot about them, haven’t you? keep calling Sheldon’s home. He wrote Many of these students found them- All these schools that said they were to my office and told me how he had selves unable to work in the fields that colleges and universities—they were in his wages garnished because he owes they had pursued at the for-profit col- it for a buck. Many of them turned out $13,000 in student loans for enrolling in leges because the colleges had either to be frauds. They weren’t really col- this bogus Corinthian College program. suddenly closed or the degrees had leges and universities. He said: ‘‘My checks have been taken proven to be worthless. Nonetheless, Nine percent of high school students away from me for the past 3 years.’’ Mr. Menashi’s idea, which the Depart- in the United States go to for-profit Mr. Menashi should be embarrassed ment adopted, was to use the private colleges and universities—9 percent— by the advice he gave to Secretary Social Security earnings data of the and one-third, 33 percent of all the stu- DeVos to deny full and fair relief to defrauded students as a basis for lim- dent loan defaults are students at for- students like Sheldon and thousands of iting their relief. Even if you put aside profit colleges and universities. Why? others who were tricked and cheated the unfairness of Mr. Menashi’s plan, They overcharge the students; they by for-profit colleges. He is not. Mr. there was another problem: It was ille- undereducate them; and they leave Menashi told me in writing after his gal. them with a mountain of debt. When hearing: ‘‘I am proud of my work at the Six months after Mr. Menashi’s plan these schools go out of business, we Department of Education and of the was implemented, and while Mr. have an opportunity to say to the stu- legal advice that I provided.’’ Menashi was still at the Department, a

VerDate Sep 11 2014 00:08 Nov 14, 2019 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13NO6.004 S13NOPT1 Sspencer on DSKBBXCHB2PROD with SENATE November 13, 2019 CONGRESSIONAL RECORD — SENATE S6519 Federal court ruled that using stu- exploited the slaying of Matthew action, DHS Secretary Nielsen sent a dents’ private Social Security data vio- Shepard for both financial and political letter lambasting the negotiations and lated the Federal Privacy Act. The benefit.’’ Mr. Menashi wrote that accused them of undermining U.S. se- court ordered the Department to stop ‘‘charges of racism are typically over- curity. using the students’ private information blown,’’ and he compared affirmative The Trump administration has and to stop collecting on their student action in college admissions to Nazi weaponized and poorly managed DHS, loans. Germany’s Nuremberg laws. and I cannot support this nominee. Even after this Federal court ruling, I want to close with a quote from a Mr. DURBIN. I suggest the absence of the Department failed to comply. The letter of opposition submitted by the a quorum. Department continued to illegally col- Congressional Black Caucus. The CBC The PRESIDING OFFICER. The lect on the student loans of at least rarely takes a position on judicial clerk will call the roll. 16,000 defrauded students. The Depart- nominees, but in this instance, felt The senior assistant legislative clerk ment garnished wages, seized tax re- compelled to do so. The CBC writes: proceeded to call the roll. funds, and wiped out some students’ ‘‘Menashi’s writings show a willingness Mr. CRAMER. Mr. President, I ask credit ratings. to discriminate against minorities, unanimous consent that the order for Less than 3 weeks ago, a Federal women and the LGBTQ community. the quorum call be rescinded. court held Secretary Betsy DeVos in Menashi, who has consistently spoken The PRESIDING OFFICER (Mr. contempt of court and fined the De- against diversity and inclusiveness, SASSE). Without objection, it is so or- partment $100,000. The Federal mag- does not deserve a lifetime position on dered. istrate judge who issued the contempt one of the most important appellate The PRESIDING OFFICER. Under order said, ‘‘[T]here have to be some courts in this country.’’ the previous order, all postcloture time consequences for the violation of my In light of Mr. Menashi’s record, it is is expired. order 16,000 times.’’ hardly surprising that there is bipar- The question is, Will the Senate ad- Mr. Menashi should not be rewarded tisan opposition to his nomination. vise and consent to the Wolf nomina- for providing such bad legal advice I will vote no on Mr. Menashi’s nomi- tion? with a lifetime appointment to the nation, and I urge my colleagues on Mr. CRAMER. Mr. President, I ask Federal bench. both sides of the aisle to do the same. for the yeas and nays. While at the Department, Mr. f The PRESIDING OFFICER. Is there a Menashi also helped push new rules on sufficient second? NOMINATION OF CHAD F. WOLF campus sexual assault that the admin- There is a sufficient second. istration’s own analysis concluded Mr. VAN HOLLEN. Mr. President, I The clerk will call the roll. would dramatically reduce the number rise to object to the nomination of The legislative clerk called the roll. of sexual assault investigations. Under Chad Wolf to serve as DHS Undersecre- Mr. THUNE. The following Senator is these new rules, a student who is the tary of the Office of Strategy, Policy, necessarily absent: the Senator from survivor of sexual assault would be and Plans. South Dakota (Mr. ROUNDS). subject to cross-examination by their This nomination is yet another ex- Mr. DURBIN. I announce that the attacker’s representative at a live ample of the Trump administration’s Senator from New Jersey (Mr. BOOKER), hearing. chaotic and inhumane approach to im- the Senator from California (Ms. HAR- In 2018, Mr. Menashi joined the White migration issues. DHS is the third larg- RIS), the Senator from Vermont (Mr. House Counsel’s Office, where he has est Federal agency, and under the SANDERS), and the Senator from Massa- been a member of Stephen Miller’s Trump administration, it has had four chusetts (Ms. WARREN) are necessarily White House Immigration Strategic directors in less than 3 years. It has absent. Working Group. This working group been widely reported that Republicans The result was announced—yeas 54, has helped push a number of extreme are rushing to confirm Mr. Wolf so that nays 41, as follows: anti-immigrant policies, including the President Trump can then appoint him [Rollcall Vote No. 354 Ex.] White House’s policy of separating Acting DHS Secretary. He will be the YEAS—54 children from their families, a problem fifth DHS Secretary and the third Act- Alexander Fischer Paul that still has not been fully remedied, ing. Rather than go through the nor- Barrasso Gardner Perdue despite a court order to do so. mal channels of selecting a nominee Blackburn Graham Portman At his hearing, Mr. Menashi refused and allowing Senators to properly vet Blunt Grassley Risch to answer numerous basic questions and question the nominee, Republicans Boozman Hawley Roberts Braun Hoeven Romney about his work, including about his are going along with Trump’s plan to Burr Hyde-Smith Rubio role in the administration’s family sep- circumvent Federal law. Capito Inhofe Sasse aration policy. He also refused to an- When asked directly by my col- Cassidy Isakson Scott (FL) swer written questions about whether league, Senator ROSEN, about his role Collins Johnson Scott (SC) Cornyn Kennedy Shelby he has worked or advised on matters in formulating the family separation Cotton Lankford Sinema relating to the whistleblower com- policy, Mr. Wolf denied any direct Cramer Lee Sullivan plaint and President Trump’s call with knowledge of that policy. Leaked Crapo Manchin Thune Cruz McConnell Tillis Ukraine’s President. Importantly, none emails later revealed that, as Sec- Daines McSally Toomey of these questions asked Mr. Menashi retary Nielsen’s chief of staff, he pre- Enzi Moran Wicker about the substance of his advice. sented her with a memo with options Ernst Murkowski Young These questions simply sought to un- to deter migrants coming to the bor- NAYS—41 derstand what matters he has worked der. Separating parents from their chil- Baldwin Hassan Reed on. His refusal to answer makes it dif- dren was the second option on that list. Bennet Heinrich Rosen ficult for us to fulfill our constitu- The family separation policy is repug- Blumenthal Hirono Schatz tional duty to advise and consent. nant to our country’s values. Brown Jones Schumer Cantwell Kaine Mr. Menashi’s earlier career is equal- The timing of this nomination is es- Shaheen Cardin King Smith ly troubling. He criticized ‘‘Take Back pecially concerning in light of the Su- Carper Klobuchar Stabenow the Night marches,’’ which aim to stop preme Court oral arguments this week Casey Leahy Tester Coons Markey Udall campus sexual assault. He also wrote on DACA. The Trump administration Cortez Masto Menendez Van Hollen that the Supreme Court’s decision in ended DACA and then rejected com- Duckworth Merkley Warner Roe v. Wade had codified the ‘‘radical promise legislation, written by a bipar- Durbin Murphy Whitehouse abortion rights advocated by campus tisan group of Senators, that would Feinstein Murray Gillibrand Peters Wyden feminists.’’ He wrote that gun control have given over 700,000 Dreamers who legislation is ‘‘pointless [and] self-de- have grown up here stability and, ulti- NOT VOTING—5 feating, because guns reduce crime,’’ mately, a path to citizenship. When Booker Rounds Warren and he claimed that a major LGBT- those Senators were negotiating an im- Harris Sanders rights organization had ‘‘incessantly migration deal, in an unprecedented The nomination was confirmed.

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