S6484 CONGRESSIONAL RECORD — SENATE October 13, 2011 fact, university research led to skilled entrepreneurs and to help grow The PRESIDING OFFICER. Without groundbreaking discoveries such as the our country. objection, it is so ordered. polio vaccine, antibiotics, black-and- Finally, the Startup Act would en- f white television, barcodes, and, more courage progrowth State and local CONCLUSION OF MORNING recently, e-mail and Google. policies. To help bring more cutting-edge re- While Federal policies certainly im- BUSINESS search to the marketplace, my bill cre- pact the formation and growth of new The PRESIDING OFFICER. Under ates an incentive for universities to re- businesses, State and local policies the previous order, morning business is form their technology policies and also play an important role in their now closed. practices. The Startup Act requires the creation and growth. In order to iden- f tify the States which are the most en- top Federal R&D grant-making agen- AUTHORIZING APPOINTMENT OF trepreneur-friendly, this legislation cies to give preference to universities ESCORT COMMITTEE that have a proven track record of suc- will create the ‘‘State Startup Business cess in discovering commercial applica- Report’’ to analyze State laws and poli- Mr. LEAHY. Mr. President, I ask tions for their research. cies. The report will encourage healthy unanimous consent that the President Fourth, this legislation will enable competition and lead to the develop- of the Senate be authorized to appoint new businesses to attract and retain ment and expansion of progrowth poli- a committee on the part of the Senate highly trained workers, including those cies. to join a like committee on the part of who immigrate to our country. In conclusion, our first priority in the House of Representatives to escort Our country was founded on immi- Congress should be to create an envi- His Excellency Lee Myung-bak, Presi- grants who have long contributed to ronment that encourages companies to dent of the Republic of Korea, into the the strength of our economy by start- grow and create jobs. We know our House Chamber for the joint meeting ing businesses and creating jobs. In economy cannot continue on the path at 4 p.m., Thursday, October 13, 2011. fact, a 2007 study found that more than it is on. In a recent Chamber of Com- The PRESIDING OFFICER. Without one-quarter of technology and engi- merce study, 64 percent of small busi- objection, it is so ordered. neering companies started in our coun- ness executives said they do not expect f try, from 1995 to 2002, had at least one to add to their payroll in the next year, EXECUTIVE SESSION key founder who was born overseas. and another 12 percent said they plan These companies produced $52 billion to cut jobs. in sales and employed 450,000 workers The Startup Act would encourage NOMINATION OF ALISON NATHAN in 2005 alone. American entrepreneurs to do what TO BE UNITED STATES DISTRICT Research shows that 53 percent of im- they do best: dream big and pursue JUDGE FOR THE SOUTHERN DIS- migrant founders of U.S.-based tech- their dreams. The American economy TRICT OF NEW YORK nology and engineering companies can and will recover when we give completed their highest degree at an American entrepreneurs the tools they American, a U.S. university. Unfortu- need to succeed. NOMINATION OF SUSAN OWENS nately, many foreign-born immigrants By removing those barriers to growth HICKEY TO BE UNITED STATES leave the States after they complete for new companies, attracting business DISTRICT JUDGE FOR THE WEST- their studies and return to their home investment, bringing more research ERN DISTRICT OF ARKANSAS countries to start businesses because from the laboratory to the market- they have a hard time securing a visa place, retaining talented entrepreneurs to stay in the United States. and skilled employees, and encour- NOMINATION OF KATHERINE B. It does not make much sense to make aging progrowth policies, we will spur FORREST TO BE UNITED STATES such an investment in these students growth in the marketplace and assist DISTRICT JUDGE FOR THE and then not give them the oppor- in putting people back to work. SOUTHERN DISTRICT OF NEW tunity to apply what they have learned The ongoing debate about how to cre- YORK by starting a company in the United ate jobs needs to turn from rhetoric to The PRESIDING OFFICER. Under States that will generate jobs for other reality. Nothing in this legislation is the previous order, the Senate will pro- Americans. We should be doing all we designed to be highly partisan. It is de- ceed to executive session to consider can to attract and retain highly skilled signed to make certain Republicans the following nominations which the and entrepreneurial folks so they can and Democrats can come together with clerk will report. work in the field where they have stud- a plan that will make a difference. The bill clerk read the nominations ied and contribute to our economy. It is time for Congress to put policies of Alison Nathan, of New York, to be The Startup Act will help retain this in place that give job creators more United States District Judge for the talent in two ways. confidence and certainty in the mar- Southern District of New York; Susan First, it creates a new visa, called a ketplace. If we fail to act as we should, Owens Hickey, of Arkansas, to be STEM visa, for any immigrant who if we continue to ignore the economic United States District Judge for the graduates with a master’s or Ph.D. in problems facing our country, if we let Western District of Arkansas; and science, technology, engineering or partisanship and bickering get in our Katherine B. Forrest, of New York, to math. This will give those graduates way, we will reduce the opportunities be United States District Judge for the the opportunity to stay for up to 1 year the next generation of Americans have Southern District of New York. beyond their graduation date to find a to pursue the American dream. It is The PRESIDING OFFICER. Under job and put to work the high-tech our greatest responsibility as citizens the previous order, there will be 2 skills they learned and that our econ- of our country to make sure the next hours for debate with respect to those omy so desperately needs. generation of Americans can live in a nominations, with the time equally di- Second, the bill creates another visa, country with freedom and liberty and vided in the usual form. called an entrepreneur’s visa, for immi- have the opportunity to dream their Mr. LEAHY. Mr. President, I ask grants who register a business and em- dreams and see them fulfilled. unanimous consent that—it is now 10 ploy at least one nonfamily member I yield back and suggest the absence minutes past 12—the 2 hours be deemed within 1 year of obtaining that visa. of a quorum. as having begun at 12 so the first vote Once they have satisfied those require- The PRESIDING OFFICER (Mr. will be at 2 o’clock. ments, the entrepreneur would be al- WHITEHOUSE). The clerk will call the The PRESIDING OFFICER. Without lowed to remain here for an additional roll. objection, it is so ordered. 3 years if they employ additional em- The bill clerk proceeded to call the Mr. LEAHY. With the time equally ployees and further grow their busi- roll. divided as under the normal agree- ness. Mr. LEAHY. Mr. President, I ask ment. The goal of both these visas is to en- unanimous consent that the order for The PRESIDING OFFICER. Without courage innovation among highly the quorum call be rescinded. objection, it is so ordered.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.019 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6485 Mr. LEAHY. And that the time in Democratic leadership, Republican the Judiciary Committee. As many as quorum calls be equally divided. Presidents and Democratic Presidents. 25 States are served by Federal courts The PRESIDING OFFICER. Without Especially for district courts, when with vacancies that would be filled by objection, it is so ordered. nominees were voted out of the com- these nominations. Millions of Ameri- Mr. LEAHY. With votes today on 3 of mittee with a bipartisan majority or cans across the country are harmed by the 30 judicial nominations reported fa- voted out unanimously, they were delays in overburdened courts. When vorably by the Judiciary Committee, voice-voted within a matter of weeks. most people go to court they do not the Senate will complete action on the That has changed: under President consider themselves Republicans or nominations that were part of the Obama, Republicans are delaying Democrats; they just know they have a unanimous consent agreement reached judges who were voted on unanimously reason to go to court. But they now 3 weeks ago, prior to the last recess. by every Republican and Democrat in find many vacant judgeships. They I want to thank the majority leader the Judiciary Committee. I do not cannot get their cases heard, and jus- for pressing at that time for Senate think that is right. tice delayed is, as we know, justice de- votes on all 27 of the judicial nomina- The path followed by the Senate in nied. tions then on the Executive Calendar. considering the nomination of Judge As I have said, we have 27 judicial Unfortunately, the Republican leader- Jennifer Guerin Zipps is the path that nominations remaining on the cal- ship would consent to vote on only 10 should be followed with all consensus endar—24 of them voted for unani- of those long-stalled nominations. So nominations. Judge Zipps was nomi- mously. I ask the Republican leader- even after today’s vote, we are back nated to fill the emergency judicial va- ship to explain to the American people where we started with 27 judicial nomi- cancy created by the tragic death of why they will not consent to vote on nations on the calendar awaiting final Judge Roll in the Tucson, Arizona the qualified consensus candidates action by the Senate. shootings. I was pleased that, with co- nominated to fill these extended judi- Like the nominations we considered operation from Republican Senators, cial vacancies. last week and earlier this week, all the time from when the Judiciary Com- The delays which have led to the three of the district court nominations mittee reported Judge Zipps’ nomina- damaging backlog in judicial nomina- the Senate considers today were re- tion to full Senate consideration was tions is compounded by the unprece- dented attempt by some on the other ported favorably by the committee less than 1 month, even including a re- side of the aisle to create what I con- months ago with strong bipartisan sup- cess period. It should not take a trag- sider misplaced controversies about the port. They have all been fully consid- edy to spur us to action to fill a judi- records of what should be consensus ered by the Senate Judiciary Com- cial emergency vacancy. Indeed, the district court nominees. This approach mittee. They have all been through a time it took the Senate to consider has threatened to undermine the long- thorough vetting process. They were Judge Zipps’ nomination was in line standing deference given to home State all ready for a final Senate vote well with the average time it took for the Senators who know the nominees and before the August recess, but we are Senate to consider President Bush’s the needs of their states best. I am glad only considering them now, halfway unanimously reported judicial nomina- we are finally going to vote today on through October. tions—28 days. It is regrettable that the nominations of Alison Nathan to As I said when the Senate returned her nomination has become the excep- the Southern District of New York and from the September recess with votes tion for President Obama’s consensus Susan Hickey to the Western District on six long-pending nominations, I nominations. Those nominations which of Arkansas, but I hope Senators will hope that these votes are an end to the have been reported with the unanimous not raise the kind of selective and un- unnecessary stalling by Senate Repub- support of every Republican and Demo- fair questions about the qualifications licans on nominations. I hope that the crat on the Judiciary Committee have of these two fine nominees which were Senate will build on these votes and waited an average of 76 days on the Ex- never raised about President Bush’s ju- make real progress in addressing the ecutive Calendar before consideration dicial nominees. crisis in judicial vacancies that has by the Senate. Alison Nathan is currently Special gone on for far too long, to the det- Senator GRASSLEY and I have worked Counsel to the Solicitor General of riment of our courts and the American together to ensure that the Judiciary New York, having earned the Louis J. people. Votes on four to six judicial Committee makes progress on nomina- Lefkowitz Memorial Achievement nominees a week cannot be the excep- tions. Earlier today, the committee re- Award for her work there last year. Ms. tion if we are going to bring down a ju- ported another five judicial nomina- Nathan previously had a successful ca- dicial vacancy rate that remains above tions, four of which have Republican reer in private practice at a national 10 percent, with 92 vacancies on Fed- home state Senators in strong support. law firm, as a professor at two New eral courts across the country. Votes Two of those nominations will fill judi- York law schools, and as an Associate on four to six nominations would be re- cial emergency vacancies in Florida White House Counsel. She clerked for quired throughout the year to make a and Utah. There is no need for the Sen- Supreme Court Justice John Paul Ste- real difference. I hope my friends on ate to wait weeks and months before vens and Judge Betty Fletcher of the the other side of the aisle will join to- voting on these nominations. There is Ninth Circuit Court of Appeals. gether with us to end their insistence no need for the Senate Republican Ms. Nathan’s nomination has the on harmful delay for delay’s sake. leadership to continue the unnecessary strong support of both her home State We need a return to regular order delays in our consideration of judicial Senators. Senator SCHUMER rightfully where the timely consideration of con- nominations that have contributed to praised her intellect and her accom- sensus, qualified nominees is not the the longest period of historically high plishments when he introduced her to exception but the rule. With Repub- vacancy rates in the last 35 years. The the Judiciary Committee. Half of the lican agreement, we could vote today number of judicial vacancies rose Republicans on the Judiciary Com- on all 30 of the nominations reported above 90 in August 2009, and it has mittee joined all of the Democrats in by the Committee. Of the 27 judicial stayed near or above that level ever voting to report her nomination favor- nominations that will remain on the since. We must bring an end to these ably. However, some in committee Executive Calendar tomorrow, 24 of needless delays in the Senate so that raised concerns about Ms. Nathan’s them were reported with unanimous we can ease the burden on our Federal qualifications, citing her rating by a support of every single Democrat and courts so that they can better serve the minority of the ABA’s Standing Com- every single Republican serving on the American people. mittee on the Federal Judiciary as Judiciary Committee. All of them have More than half of all Americans—al- ‘‘not qualified.’’ I note that a majority the support of their home State Sen- most 170 million—live in districts or of the ABA Standing Committee rated ators, including 13 who have the sup- circuits that have a judicial vacancy her ‘‘qualified’’ to serve. I also note port of Republican home State Sen- that could be filled today if Senate Re- that Ms. Nathan’s ABA rating is equal ators. publicans just agreed to vote on those to or better than the rating received by I have served in the Senate for years, nominations that were reported favor- 33 percent of President Bush’s con- with both Republican leadership and ably by Republicans and Democrats on firmed judicial nominees, who were

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.022 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6486 CONGRESSIONAL RECORD — SENATE October 13, 2011 supported by nearly every Republican Judge, and her experience litigating presidency. We remain ahead of the Senator. Her rating is better than the bench trials and jury trials. The ABA pace set forth in the 108th Congress. We four of President Bush’s nominees who Standing Committee on the Federal have already held hearings for over 84 were confirmed despite a ‘‘not quali- Judiciary unanimously rated Judge percent of President Obama’s judicial fied’’ rating by the majority of the Hickey ‘‘qualified’’ to serve on the Fed- nominees this Congress, while at this ABA’s Standing Committee, including eral bench. I hope that she will be con- point in the 108th Congress, only 77 per- two nominees to the Eastern District firmed with bipartisan support. cent of President Bush’s judicial nomi- of Kentucky, David L. Bunning and The Senate today will also finally nees had their hearing. Gregory F. Van Tatenhove, who were consider the nomination of Katherine This morning, the Judiciary Com- supported by the Republican leader. Forrest to fill another vacancy on the mittee reported five more nominees to The Senate deferred to the rec- Southern District of New York. Cur- the Senate floor, totaling over 77 per- ommendations of the home State Sen- rently a Deputy Assistant Attorney cent of President Obama’s judicial ators in considering President Bush’s General in the Antitrust Division of nominees receiving favorable votes out nominations and confirmed nominees the Department of Justice, she pre- of committee. That is compared to from Alabama, Utah, Arizona and viously spent over 20 years as a liti- only 72 percent of President Bush’s ju- Oklahoma, among other States, who gator in private practice at the law dicial nominees receiving favorable had received a partial rating of ‘‘not firm Cravath, Swaine & Moore in New outcomes at this point in the 108th qualified.’’ York City, where she was named one of Congress. This indicates the bipartisan There is no question that the Senate America’s Top 50 litigators under the effort taking place to move consensus should confirm Ms. Nathan. As her re- age of 45. The ABA Standing Com- nominees forward, despite what we sume shows, she is an accomplished mittee on the Federal Judiciary unani- hear from the other side about obstruc- nominee with significant experience in mously rated Ms. Forrest ‘‘well quali- tion and delay. private practice, academia and govern- fied’’ to serve, its highest possible rat- The advice and consent function of ment service. Twenty-seven former Su- ing. The Judiciary Committee favor- the Senate is a critical step in the preme Court clerks have written to the ably reported Ms. Forrest’s nomination process. In the Federalist Papers No. Judiciary Committee in support of her without dissent three months ago. 76, Alexander Hamilton wrote: qualifications, including clerks who In the weeks ahead, I hope that we To what purpose then require the co-oper- continue to consider more of the 27 ju- ation of the Senate? I answer, that the ne- worked for the conservative Justices. cessity of their concurrence would have a They write: dicial nominees, nearly all of whom are powerful, though, in general, a silent oper- Although we hold a wide range of political the kind of consensus nominees we ation. It would be an excellent check upon a and jurisprudential views, all of us believe could consider within days. We have an spirit of favoritism in the President, and Ns. Nathan has the ability, character, and enormous amount of ground to recover. would tend greatly to prevent the appoint- temperament to be an excellent Federal dis- At this point in George W. Bush’s pres- ment of unfit characters from State preju- trict court judge. We recommend her for this idency, the Senate had confirmed 162 of dice, from family connection, from personal position without hesitation and without res- his nominees for the Federal circuit attachment, or from a view to popularity. ervation. and district courts, including 100 dur- In other words, the Senate has a role I support Ms. Nathan’s nomination ing the 17 months that I was chairman in preventing the appointment of without reservation, and hope that of the Judiciary Committee during his judges who are simply political favor- Senators from both sides of the aisle first term. By this date in President ites of the President, or of those who will join me in supporting this worthy Clinton’s first term, the Senate had are not qualified to serve as Federal nominee. confirmed 163 of his nominations to cir- judges. The Senate will also vote today to cuit and district courts. In stark con- Also, let me remind my colleagues of confirm the nomination of Judge Susan trast, after today’s vote, the Senate what then-Senator Obama stated about Hickey to the Western District of Ar- will have confirmed only 108 of Presi- this duty 6 years ago in connection kansas. Judge Hickey has the bipar- dent Obama’s nominees to Federal cir- with the attempted filibuster of Janice tisan support of her home State Sen- cuit and district courts. As a result, Rogers Brown. Our President, then ators, Democratic Senator MARK vacancies are twice as high as they Senator, said: PRYOR and Republican Senator JOHN were at this point in President Bush’s Now, the test for a qualified judicial nomi- BOOZMAN, both of whom have praised first term when the Senate was expedi- nee is not simply whether they are intel- her background and qualifications in ligent. Some of us who attended law school tiously voting on consensus judicial or were in business know that there are a lot introducing her to the Committee. A nominations. In the next year, we need majority of Republicans joined every of real smart people out there whom you to confirm nearly 100 more of President would not put in charge of stuff. The test of Democratic Senator on the Judiciary Obama’s circuit and district court whether a judge is qualified to be a judge is Committee in voting to report her nominations to bring the vacancies not their intelligence. It is their judgment. nomination. Yet because she spent a down to match the 205 confirmed dur- A few months later, on January 26, significant part of her career as a law ing President Bush’s first term. 2006, when debating the Alito nomina- clerk and took a hiatus from law prac- We can and must do better to address tion, then-Senator Obama said: tice while on family leave, some have the serious judicial vacancies crisis on There are some who believe that the Presi- questioned whether she is qualified to Federal courts around the country that dent, having won the election, should have serve on the Federal bench. In my has persisted for over 2 years. We can the complete authority to appoint his nomi- view, and the view of her home State and must do better for the nearly 170 nee, and the Senate should only examine Senators—one Democratic and one Re- million Americans being made to suffer whether or not the Justice is intellectually publican—those concerns are mis- by these unnecessary delays. capable and an all-around nice guy. That placed. Again, I apologize for my voice, I once you get beyond intellect and personal character, there should be no further ques- Currently a State court judge serving thank the ranking member for his help, in the Thirteenth Judicial Circuit in tion whether the judge should be confirmed. and I yield the floor. I disagree with this view. I believe firmly Arkansas, Judge Hickey was previously The PRESIDING OFFICER. The Sen- that the Constitution calls for the Senate to a career law clerk for the Honorable ator from Iowa is recognized. advise and consent. I believe that it calls for Judge Barnes, whom she is nominated Mr. GRASSLEY. Mr. President, meaningful advice and consent that includes to replace. During her confirmation today we continue in our cooperation an examination of a judge’s philosophy, ide- hearing, Judge Hickey testified about with the majority as we vote on three ology, and record. the experience she gained as a career more judicial nominees. With a con- You can see some differences between law clerk to Judge Barnes, saying that firmation earlier this week, and six ju- what Senator Obama said on a couple she ‘‘[took] part in all matters that dicial confirmations last week, I want of different occasions on the Senate were before the court from the time to note the progress we have made. floor and also how there is some dis- that the case was filed till the final dis- After today’s votes, we will have con- agreement with what Alexander Ham- position.’’ She testified about the cases firmed 68 percent of President Obama’s ilton said in the Federalist Papers No. she has managed as a State Court judicial nominees submitted during his 76.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.023 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6487 Our inquiry of the qualifications of states she served as associate counsel cuit Court of Appeals from 2000 to 2001. nominees must be more than intel- on approximately six trial court litiga- From 2001 to 2002, Ms. Nathan clerked ligence, a pleasant personality, or a tion matters. Most of the significant for Justice John Paul Stevens of the prestigious clerkship. At the beginning litigation she lists is from her current Supreme Court of the United States. of this Congress, I articulated my position in the New York Solicitor Ms. Nathan entered private practice standards for judicial nominees. I want General’s Office. with Wilmer, Cutler, Pickering Hale & to ensure that the men and women who In addition, I am concerned about her Don LLP, serving as an Associate in are appointed to a lifetime position in views on second amendment rights, on the Washington, DC, office as well as the Federal judiciary are qualified to the death penalty, on the use of foreign the New York office. She practiced serve. Factors I consider important in- law, and her remarks regarding the within the Litigation Group, the Su- clude intellectual ability, respect for Bush administration’s war on terror. preme Court and Appellate Litigation the Constitution, fidelity to the law, Judge Hickey has served as a State Group, and the Regulatory and Govern- personal integrity, appropriate judicial court judge for about 1 year. Her ques- ment Affairs Group. temperament, and professional com- tionnaire indicates she has presided From 2006 to 2008, Ms. Nathan worked petence. over two criminal bench trials—a as a visiting assistant professor of law In applying these standards, I have speeding-DWI case and a second speed- at Fordham University School of Law. demonstrated good faith in ensuring ing case. Prior to that, she spent about In this role she taught civil and crimi- fair consideration of judicial nominees. 7 years as a senior law clerk in the nal procedure and constitutional law. I have worked with the majority to Western District of Arkansas. Early in From 2008 to 2009, Ms. Nathan also confirm consensus nominees. However, her career, from 1981 to 1984, she was a served as the Fritz Alexander fellow at as I have stated more than once, the staff attorney with Murphy Oil Com- New York University School of Law, Senate must not place quantity con- pany. Altogether, I am not sure we can engaged in legal research. firmed over quality confirmed. These get to 12 years of legal-judicial experi- In 2009, Ms. Nathan secured a posi- lifetime appointments are too impor- ence—the minimum the American Bar tion with the White House Counsel’s tant to the Federal judiciary and the Association committee says a nominee Office. As an associate White House American people to simply rubber to the courts should have. Further- counsel and Special Assistant to the stamp them. more, Judge Hickey has no litigation President, Ms. Nathan reviewed legisla- Although we have had a long run of experience. She has tried no cases. tion, analyzed and advised staff on confirming consensus nominees, two of I want to be very clear here—I am legal issues, and assisted in the prepa- the nominees on which we are about to not denigrating the career choices of ration of judicial and executive branch vote come with some reservations. Ms. these nominees, nor am I arguing that nominees for confirmation hearings. Nathan and Judge Hickey both have the experience they have is unrelated In July 2010, Ms. Nathan returned to had limited experience in the court- to service as a Federal judge. What I New York and began to work as a Spe- room. They have failed to meet even am saying is they do not have enough cial Assistant to the Solicitor General the minimum qualifications that the experience, and this is not the place for of New York. A majority of the ABA ABA says it uses in the rating process. on-the-job training. Standing Committee on the Federal The guidelines of the Standing Com- Let me say a bit more about the Judiciary rated Ms. Nathan as ‘‘Quali- mittee of the ABA provide: background of the nominees we are fied.’’ A minority rated her as ‘‘Not . . . a prospective nominee to the Federal considering today. Qualified.’’ bench ordinarily should have at least 12 Two nominees have been nominated And finally, Susan Owens Hickey, years experience in the practice of law. to serve as United States District who is nominated to be a United States They further state: Judge for the Southern District of New District Judge for the Western District Substantial courtroom and trial experi- York—Katherine B. Forrest and Alison of Arkansas. Ms. Hickey graduated ence as a lawyer or trial judge are impor- J. Nathan. from the University of Arkansas tant. Since graduating from New York School of Law in 1981. In April of that I want to emphasize the American University School of Law in 1990, Ms. year, she worked for the law firm of Bar Association 12-year standard is not Forrest has spent the vast majority of Brown, Compton & Prewett, where she an absolute. However, it is a bench- her legal career as an attorney at worked on the pretrial preparation and mark that we can use to evaluate the Cravath, Swayne, & Moore. She served trial of a personal injury case that the experiences of various nominees. As I as an associate at the firm from 1990 to firm was defending. From 1981 to 1984, have said in the past, being appointed a 1997 and a partner from 1998 to 2010. Ms. Hickey worked as a staff attorney Federal district judge should be a cap- While at Cravath, Swayne, & Moore, for the Murphy Oil Corporation. In stone of an illustrious career. Federal Ms. Forrest was a generalist litigator that role, she worked primarily on judges should have significant court- who practiced in the areas of antitrust, issues involving natural gas, securities room and trial experience as a litigator intellectual property, contracts, em- and corporate law. or a judge. I would note that last week ployment law, accounting fraud, and From 1984 to 2003, Ms. Hickey was not at our hearing, Justice Scalia ex- securities litigation. employed or actively engaged in the pressed concern about the decline in In addition, Ms. Forrest was involved practice of law, with the exception of the quality of Federal judges. in the management of the firm, serving serving as a temporary law clerk. Dur- With regard to the two non-con- on the Partner Review Committee. She ing the summer of 1997 and during the sensus nominations before us today, I also ran the firm’s Continuing Legal summer of 1998 Ms. Hickey served as a voted to advance them out of the Judi- Education Program from 1998 to 2005. temporary law clerk for the Honorable ciary Committee so the full Senate Ms. Forrest has been a deputy assist- Harry F. Barnes, United States District could evaluate their qualifications. ant attorney general in the Depart- Judge for the Western District of Ar- However, both of these nominees re- ment of Justice’s antitrust division kansas. ceived votes in opposition in our com- since 2010. She is involved in most Ms. Hickey returned to work for that mittee. After they were reported, we major matters the division handles, in- same judge in 2003, serving as a senior had our second opportunity to examine cluding litigation planning and execu- career law clerk, and she stayed in that their records, and unfortunately I am tion, appellate litigation, and inter- position until 2010. unable to support them on the floor. national cooperation. She has a unani- In September 2010, Ms. Hickey was I am, however, pleased to support the mous rating of ‘‘Well Qualified’’ by the appointed circuit judge for the Thir- nomination of Katherine B. Forrest to ABA Standing Committee on the Fed- teenth Judicial Circuit of Arkansas. be United States District Judge for the eral Judiciary. Ms. Hickey received a unanimous Southern District of New York. Ms. Nathan graduated with a B.A. ‘‘Qualified’’ rating from the ABA In Ms. Nathan’s case, she graduated from Cornell University in 1994 and Standing Committee on the Federal from law school only 11 years ago, and with a J.D. from Cornell Law School in Judiciary. has been admitted to the practice of 2000. Upon graduation, she clerked for Mr. GRASSLEY. Mr. President, I law for only 8 years. Her questionnaire Judge Betty Fletcher of the Ninth Cir- suggest the absence of a quorum.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.024 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6488 CONGRESSIONAL RECORD — SENATE October 13, 2011 The PRESIDING OFFICER. The to any custodial interrogation conducted in- combatant, but terrorists arrested in clerk will call the roll. side the United States. the United States have always been The legislative clerk proceeded to In fact, under the Bush administra- held under our criminal laws. call the roll. tion, they adopted new policies for the Here is what Attorney General Hold- The PRESIDING OFFICER. The Sen- FBI that say that ‘‘within the United er said: ator from Illinois. States, Miranda warnings are required Since the September 11, 2011 attacks, the Mr. DURBIN. Mr. President, I ask to be given prior to custodial inter- practice of the U.S. government, followed by unanimous consent to speak as if in views.’’ prior and current administrations without a morning business. Let’s take one example from the single exception, has been to arrest and de- The PRESIDING OFFICER. Without Bush administration: Richard Reid, tain under Federal criminal law all terrorist objection, it is so ordered. also known as the Shoe Bomber. Reid suspects who are apprehended inside the United States. TERRORIST PROSECUTION tried to detonate an explosive in his Mr. DURBIN. Mr. President, my Re- shoe on a flight from Paris to Miami in Many of my Republican colleagues publican colleagues have frequently December 2001. This was very similar also argue that terrorists such as Umar come to the Senate floor to criticize to the attempted attack by Abdulmutallab should be tried in mili- President Obama for his handling of Abdulmutallab, another foreign ter- tary commissions because Federal terrorism cases. They have argued reg- rorist who also tried to detonate a courts are not well-suited to pros- ularly and consistently that terrorism bomb on a plane. So how does the Bush ecuting terrorists. suspects should never be interrogated administration’s handling of the Shoe That argument is simply wrong. by the FBI and should not be pros- Bomber compare with the Obama ad- Look at the facts. Since 9/11, more than ecuted in America’s criminal courts ministration’s handling of the Under- 200 terrorists have been successfully but, instead, they argue, they should wear Bomber? The Bush administra- prosecuted and convicted in our Fed- only be held in military detention and tion detained and charged Richard Reid eral courts. Here are just a few of the prosecuted in military commissions. as a criminal. They gave Reid a Mi- terrorists who have been convicted in Today, I have noticed no one on the randa warning within 5 minutes of Federal courts and are serving long Republican side has come to the Senate being removed from the airplane, and prison sentences: Ramzi Yousef, the floor to make those arguments. Why they reminded him of his Miranda mastermind of the 1993 World Trade not? It may be because yesterday Umar rights four times within the first 48 Center bombing; Omar Abdel Rahman, Farouk Abdulmutallab pled guilty in hours he was detained. the so-called Blind Sheik; the 20th 9/11 Federal court to trying to explode a Later, Abdulmutallab began talking hijacker, Zacarias Moussaoui; Richard bomb in his underwear on a flight to again to FBI interrogators and pro- Reid, the Shoe Bomber; Ted Kaczynski, Detroit on Christmas Day 2009. Mr. viding valuable intelligence. FBI Direc- the Unabomber; Terry Nichols, the Abdulmutallab, who will be sentenced tor Robert Mueller, for whom I have Oklahoma City coconspirator; and now in January, is expected to serve a life the highest respect, described it this Abdul Abdulmutallab. Compare this sentence. way: with the track record of military com- I commend the men and women at Over a period of time, we have been suc- missions. Since 9/11, only 4 individuals the Justice Department and the FBI cessful in obtaining intelligence, not just on have been convicted by military com- for their work on this case. America is day one, but on day two, day three, day four, missions—more than 200 in the courts, a safer country today thanks to them. and day five, down the road. 4 in military commissions—and 2 of My colleagues on the other side were Now, how did that happen? How did those individuals spent less than 1 year very critical of the FBI’s decision to the FBI get even more information in prison, having been found guilty by give Miranda warnings to from the suspect after they gave the a military commission, and are now Abdulmutallab. Let me quote Senator Miranda warning? The Obama adminis- living freely in their home countries of MCCONNELL, the minority leader. This tration convinced Abdulmutallab’s Australia and Yemen. is what he said on the floor of the Sen- family to come to the United States, GEN Colin Powell, the former head of ate: and his family persuaded him to start the Joint Chiefs of Staff and Secretary He was given a 50-minute interrogation. talking to the FBI. That is a very dif- of State under President Bush, sup- He was referring to Abdulmutallab. ferent approach than we have heard in ports prosecuting terrorists in Federal The Senator went on to say: previous administrations. Sometimes courts. Here is what he said about mili- Probably Larry King has interrogated peo- when a detainee refused to talk, in the tary commissions. This is from General ple longer and better than that. After which Bush administration, in some isolated Powell: he was assigned a lawyer who told him to cases, there were extreme techniques The suggestion that somehow a military shut up. used to try to get information from commission is the way to go isn’t borne out That is an interesting statement, but him, such as waterboarding. But real by the history of the military commissions. here are the facts. Experienced coun- life isn’t the TV show ‘‘24.’’ On TV, Many military commissions, when it terterrorism agents from the FBI in- when Jack Bauer tortures somebody, comes to terrorism cases, are an terrogated Abdulmutallab when he ar- the suspect immediately admits every- unproven venue, unlike Federal courts. rived in Detroit. According to the Jus- thing he knows. Here is what we Former Bush administration Justice tice Department, during this initial in- learned during the previous adminis- Department officials James Comey and terrogation, the FBI ‘‘obtained intel- tration: In real life, when people are Jack Goldsmith also support pros- ligence that proved useful in the fight tortured, they lie. They will lie and say ecuting terrorists in Federal court. against al Quida.’’ After this initial in- anything to make the pain stop. Often- Here is what they said: terrogation, Abdulmutallab refused to times they provide false information, There is great uncertainty about the com- cooperate further with the FBI. Only not valuable intelligence. missions’ validity. This uncertainty has led then, after Abdulmutallab stopped Richard Clarke was the senior coun- to many legal challenges that will continue talking, did the FBI give him a Mi- terterrorism adviser to President Clin- indefinitely. . . . By contrast, there is no randa warning. ton and President George W. Bush. question about the legitimacy of U.S. Fed- eral courts to incapacitate terrorists. What the FBI did in this case was Here is what he said about the Obama nothing new. During the Bush adminis- administration’s approach: I say to my colleagues, after a steady tration, the FBI consistently gave Mi- The FBI is good at getting people to talk. parade of speeches on this Senate floor randa warnings to terrorists detained They have been much more successful than by the Senate Republican leader and in the United States. the previous attempts of torturing people others about how we cannot trust our Here is what Attorney General Hold- and trying to convince them to give informa- Federal court system to prosecute ter- er said: tion that way. rorists, how we should take care to Across many administrations, both before Many of my colleagues on the other never let the FBI do this important and after 9/11, the consistent, well-known, side of the aisle argue that job, the facts speak otherwise. lawful, and publicly-stated policy of the FBI Abdulmutallab should have been held In Detroit, in the Federal court, we has been to provide Miranda warnings prior in military detention as an enemy should give credit where it is due. The

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.026 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6489 FBI did its job. Our courts did their out of work, it is high time that both to create an incentive for them to hire job. The Department of Justice pros- political parties find a way to develop the unemployed, starting with our re- ecutors did their job. Abdulmutallab a plan to move this country forward turning veterans. It is an embarrass- pled guilty. He pled guilty because the and to create jobs. ment to think these men and women evidence was overwhelmingly against When the President spoke to Con- went overseas and risked their lives him. He was convicted openly in the gress a little over 4 years ago, he laid fighting an enemy and now have to courts of America, which is an impor- out at least the foundation of a plan come home and fight for a job. We tant message to send to the rest of the and later provided the details. But ought to be standing by them, helping world, and he will pay a heavy price— time and again, President Obama has them to get to work, and that is one of a life sentence—for his terrible at- said to the Republican leadership: I am the elements in the President’s bill tempt to down an aircraft in the open to your ideas. Bring them for- that was also defeated by the Repub- United States. That prosecution and ward. Let’s put them in a combined ef- lican filibuster on Tuesday night. that confession were obtained in our fort to make America a stronger na- The President went on to say we court system. tion and to find our way out of this re- ought to be investing our money in To argue that military commissions cession. America. If we put people to work, let’s are the only way to go and that using Unfortunately, we have not heard build something that has long-term the FBI and Department of Justice and suggestions from the other side. We value. One of those he suggested was our article III courts as a venue for ter- had an important vote Tuesday night. school modernization. I visited some rorism is wrong is not proven by the Sadly, the Republican filibuster pre- schools around my State, and I am sure facts, the evidence, or the most recent vailed. Republicans, because they did in the State of Colorado and other information coming forward. I would not want to move the President’s bill places there are plenty of school dis- hope some of my colleagues who are to consideration on the floor of the tricts struggling because the tax base now holding up the Defense authoriza- Senate, voted—every single one of has been eroded by declining real es- tion bill on this issue will at least be them—against President Obama’s ef- tate values and these districts need a hesitant to argue their case now that forts to put America back to work. I do helping hand. When I went to Martin the Abdulmutallab prosecution has not think that is going to be a position Grove and visited a middle school been successfully completed. Over 200 which is easily defended back home. there, I found great teachers doing the terrorists have been successfully pros- Whether one agrees or disagrees with best they could in classrooms where ecuted in America’s courts. President Obama, the American people the tiles were falling from the ceiling My message to them and I think the expect Democrats and Republicans to and where the boiler room should be la- message of America to every President enter a dialog to help this country. We beled an antique shop because it was a is, you use the court, you use the agen- have to give on the Democratic side, 50- or 60-year-old operation that was cy you think will be most effective in and they should be prepared to give on kept together with $150,000 of repairs protecting America. Congress should the Republican side, and let’s try to each year. We ought to buy new equip- not tie the hands of any President find some common ground. There are ment and install it in American when it comes to this important pros- too many instances where we fight to a schools so they can serve us for many ecution. This success that we have seen face-off and then leave. years to come. in Detroit is evidence that if we give to The suggestion that yesterday’s ef- The same holds true in investing in a President—whether it is a Republican forts to pass three free-trade agree- our infrastructure, whether it is high- or Democratic President—the tools to ments with South Korea, Panama, and ways, bridges or airports. Make no mis- prosecute those accused of terrorism, Colombia are going to turn the econ- take, our competitors around the world the President can use them wisely, omy around, I am not sure of being are building their infrastructure to sometimes in military commissions close to accurate. I supported two of beat the United States, and those who but more often in our court system, an those trade agreements, and I think want us to retreat in this battle are open system that says to the world we they will help create jobs and business going to be saddened by the con- can bring the suspected terrorist to opportunities in America in the longer sequences if they have their way. justice and do it in a fashion consistent run but in the near term not likely so. President Obama said invest this with American values. What we need to do is to work on money in putting Americans to work I hope all of my colleagues, Demo- what has been proven to be successful to build our infrastructure, rebuild our crats and Republicans, will join me in to move this economy forward. Let’s schools, build our neighborhoods in a commending the Justice Department start with the basics. Working families way that serves us for years to come. and FBI for their success in bringing struggle from paycheck to paycheck. The President is also sensitive to the Abdulmutallab to justice, and I sin- Many families do not have enough fact that in many parts of America, in- cerely hope this case will cause some money to get by. They are using food cluding Illinois, there are school dis- Members of the body to reconsider pantries and other help to survive in tricts and towns that have had to lay their opposition to handling terrorism this very tough economy. So President off teachers and firefighters and police- in the criminal justice system. Obama said the first thing we need to men. It doesn’t make us any safer, and I yield the floor and suggest the ab- do is to give a payroll tax cut to work- it doesn’t make our schools any more sence of a quorum. ing families so they have more money effective. Part of the President’s jobs The PRESIDING OFFICER. The to meet their needs. What it boils down package is to make sure, for those clerk will call the roll. to in Illinois, where the average in- teachers as well as policemen and fire- The legislative clerk proceeded to come is about $53,000 a year, is the fighters, at least some of their jobs will call the roll. equivalent of about $1,600 a year in tax be saved. In Illinois, over 14,000 of those Mr. DURBIN. Mr. President, I ask cuts for working families. That is jobs will be saved by the President’s unanimous consent the order for the about $130 a month, which many Sen- bill. quorum call be rescinded. ators may not notice but people who What really brings this bill to a The PRESIDING OFFICER. Without are struggling to fill the gas tank and screeching halt in the debate is the objection, it is so ordered. put the kids in school can use $130 a fact the President said we should pay Mr. DURBIN. I ask unanimous con- month. for this. Let’s come up with the money sent to speak as in morning business. The President thinks that is an im- that is going to pay for the things I The PRESIDING OFFICER. Without portant part of getting America back just described. And his proposal is a objection, it is so ordered. on its feet and back to work, and I sup- simple one. It says those who make THE ECONOMY port it. That was one of the elements over $1 million a year will pay a surtax Mr. DURBIN. Mr. President, the that was stopped by the Republican fil- of 5.6 percent—over $1 million a year in events of this week are an indication ibuster on Tuesday night. income. That is over $20,000 a week in that much needs to be done in Wash- The second proposal of the President income. These folks would pay a 5.6- ington to deal with the state of our is that we give tax breaks to busi- percent surtax, and that surtax would economy. With 14 million Americans nesses, particularly small businesses, pay for the jobs bill.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.027 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6490 CONGRESSIONAL RECORD — SENATE October 13, 2011 If the jobs bill works, and I believe it we put aside the campaign consider- think they should not do that. They will, I guarantee a thriving American ations and focus on the economy, I are right, but just because people are economy will be to the benefit of those think we can get a lot done. I trust upset about it and get angry about it same wealthy people. So asking them that there are some on the other side doesn’t mean it is not a deep, legiti- to sacrifice a little in this surtax is not of the aisle who feel the same way. I mate concern and can be a disquali- too much to ask. hope they will break from their leader- fying factor as to whether a person Unfortunately, although some 59 per- ship on their filibuster and join us in should be on the bench. What law do cent of Republicans support this mil- this effort. they follow? The U.S. law or foreign lionaires’ surtax, not one of them I yield the floor and suggest the ab- law? serves in the Senate. We need to have sence of a quorum. In a book chapter published less than a bipartisan effort to make sure this is The PRESIDING OFFICER (Mr. 2 years ago, Ms. Nathan suggested that paid for in a reasonable way. The alter- BLUMENTHAL). The clerk will call the the cases leading up to the Supreme native we have heard from the other roll. Court case of Roper v. Simmons, which side that mounted this filibuster The legislative clerk proceeded to was a death penalty case, showed legal against President Obama’s jobs bill is, call the roll. progress. In Roper the Court held it is we ought to return to the old way of Mr. SESSIONS. I ask unanimous con- unconstitutional to impose a death doing things: tax cuts for wealthy peo- sent that the order for the quorum call penalty even for the most heinous ple—not new burdens but tax cuts for be rescinded. crime if the defendant is under the age wealthy people. The PRESIDING OFFICER. Without of 18 years. They argue the people who make objection, it is so ordered. As a matter of policy, I am not sure over $1 million a year are the job cre- Mr. SESSIONS. Mr. President, I wish we should be executing people under 18, ators. That is a phrase they use, ‘‘job to speak for a few moments on the although a lot of people think that cer- creators.’’ A survey came out yester- nomination of Alison Nathan to be the tain crimes are so bad they ought to be day from the Government Account- United States District Court Judge for executed. We can disagree. That is a ability Office, and what it said was 1 the Southern District of New York. political decision. The question is, does percent of those making over $1 mil- This is a highly important position. It the Constitution prohibit that? I sug- lion a year actually own small busi- is one of the more prestigious courts in gest it does not. But if it does, it ought nesses. Most of them are investors. Al- the country that handles the Nation’s to be interpreted in light of its own though there is, I am sure, a worthy most complex cases. It is my observa- words and the laws of the United calling in being an investor, they are tion, having practiced for over 15 years States, its own import of the Constitu- not the job creators they are described full time trying cases before Federal tion of the United States. Ms. Nathan to be. judges, that this position is of extreme seemed to commend the decision, how- So I say to my friends on the other importance and you need good judg- ever, on a different basis in her chap- side of the aisle, this notion of pro- ment, good experience, good integrity, ter. She commended it for ‘‘elaborating tecting those making over $1 million a proven stability before you give a per- upon relevant international and for- year at the expense of a jobs program son a lifetime appointment to such a eign law sources and defending the rel- to move America forward is backwards. position. It is an important matter. evance of the Court’s consideration of We have to come together, and I hope I overwhelmingly vote for the nomi- those sources.’’ we can start as early as next week. We nees of the President. I believe in giv- When describing Justice Kennedy’s have to find provisions in this jobs bill ing the President deference in those change of opinion on the issue—he re- we can agree on. nominations. However, I do believe we versed himself—she said it was ‘‘a I hope the Republicans would agree need to hold Presidents accountable change that can be attributed to the we should modernize our schools and and to scrutinize the nominations in a international human rights advocacy build our infrastructure in this coun- fair way and not hesitate to push back and scholarship that had taken place try. I hope they agree we should not and say no if a nominee does not meet outside the courtroom walls.’’ shortchange our schools and our com- those requirements that are necessary She also praised the Roper attorneys munities when they need teachers and to be a good judge. for their ‘‘strategic and savvy reference policemen and firefighters. I hope they I believe Ms. Nathan is one of a num- to international norms in litigating would agree that it is a national pri- ber of President Obama’s nominees who the case.’’ ority to put our returning veterans to believes that American judges should She asserted that the strategy’s ‘‘ef- work. I certainly think that should be look to foreign law in deciding cases. fectiveness holds promise and lessons a bipartisan issue. She has other indications that suggest for future advancement of inter- But the filibuster this week that she is not committed in a deep and un- national law.’’ stopped the President’s jobs bill has derstanding way to the oath Federal She went further and suggested the stopped the discussion. The trade bills judges take. That oath is that you reason the Supreme Court does not yesterday will not make up the dif- serve under the Constitution and under look to foreign law more often is be- ference. We have to focus on putting the laws of the United States. That is cause the Justices simply do not under- Americans to work with good-paying so simple and so basic that it goes al- stand international law arguments— jobs right here in our Nation, creating most without saying, but it is a part of she has been practicing law about 10 new consumer demand for goods and the historic oath judges take. I believe years, or 9 at the time she wrote this, services which will help businesses at that oath and commitment to serving so she knows more about the issues re- every single level. The President has under the U.S. Constitution, under the lated to international law than the put his proposal forward and has chal- U.S. laws, is critical to the entire foun- Justices who have been on the bench lenged our friends on the other side of dation of the American rule of law. It for decades, many of them constitu- the aisle to step up and put their pro- is so magnificent. We have the greatest tional professors—rather than dem- posals forward. legal system in the world. By and large onstrating a knowledge that the judge My suspicion is that most people in our Federal judges are excellent and it must serve under the U.S. Constitution America would be delighted to see a is a strength both for liberty and civil and U.S. law and recognizing that for- breakthrough in Washington, DC, rights and economic prosperity that we eign law has no place in deciding what where Democrats and Republicans ac- maintain a judiciary at a high level. our Constitution means. tually sat down at the same table and One of the things that causes me con- She stated: tried to work out a plan to put Amer- cern—there are several, but this one I As these trends [in international law] con- ica back to work. We can do this. In will mention—is her belief that Amer- tinue, surely the Court will increase its un- order to do it we have to give on both ican judges should look to foreign law derstanding and ‘internationalization’ of sides. We have to forget about the elec- in deciding cases. This is not a little international human rights law arguments. tion that is going to occur in November bitty matter. It is a matter of real na- She then concluded: 2012 and focus on the state of America’s tional import. It offends people. Some The presence of the Chinese judicial dele- economy right now in October 2011. If people, nonlawyers, get offended. They gation at the Supreme Court on the day of

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.028 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6491 the Roper arguments wonderfully symbolized It is very hard for me to believe I legal testing ground, in which people the rich dialogue between international and should vote to confirm a nominee who can prove their judgment integrity constitutional norms. is not committed to following our law, over time. It also provides a maturing So what she is calling for there is a who believes they have a right to scru- experience, where a person learns the dialog, presumably between inter- tinize the world, find some law in some import of decisions in how cases turn national law and constitutional other country and bring it home and out and how it impacts their clients. norms—pretty plain in her writing— use that law so they can achieve a re- Let me just say that seasoned law- not just an off-the-cuff comment but in sult they wanted in the case. yers develop reputations. When we a serious book expressing her philos- There are a number of other concerns have seen them in court many times ophy and approach to law. I have with Ms. Nathan’s record, not and they have had experience there, I am troubled by that. I believe the least of which are her views on an people know if they have good judg- judges have to be bound by the law and individual’s right to bear arms. We ment. People know if they are solid. the Constitution. They are not free to have a constitutional amendment on We know they are men and women of impose their view. Justice Scalia and the right to keep and bear arms. The integrity. They have that opportunity others have criticized—devastated— right to keep and bear arms should not to establish a reputation. Both the this international law argument. In my be abridged. That is an odd thing, com- view, the debate that has gone forward short period of time that Ms. Nathan pared to France or Germany or Red has spent actually practicing law and in circles including the academy and China. But it is our law and we expect law schools has clearly been a victory some of the troubling positions she has judges to follow it whether they like it taken over the years justifiably raise for the people who understand it is our or not. That is what our Constitution Constitution that governs. We didn’t serious questions about her under- says. standing of the role of a judge in our adopt the laws of China, if they were Suffice it to say, I believe her record ever enforced, which they are not ex- system. evidences an activist viewpoint. Per- Finally, I would note that Concerned cept by the government when it suits haps if she had more legal experience, them. We didn’t adopt laws in France. Women For America, the Family Re- she would have a better understanding search Council, and the Judicial Action We didn’t adopt laws in Italy or Brazil of the role of a judge. She only just be- or Yugoslavia. That is not what binds Group oppose this nomination. In a let- came a lawyer in 2000—11 years ago— ter sent to all Senators today, Con- us. That is not what judges serve and has had limited time in a court- under. They serve under our law. cerned Women For America noted that room. Ms. Nathan’s: I think it is a dangerous philosophy. Evidently, the American Bar Asso- It strikes at the heart of what the ciation recognizes this. The ABA gives . . . biases are so ingrained and so much the Anglo-American rule of law is all ratings to judges, and a minority of the main thrust of her career that it is not ra- about—that law is adopted by the peo- tional to believe that she will suddenly members of that committee—not the ple of the United States and that is the change once confirmed as a judge. Rather it majority but a minority—rate her ‘‘not law judges must enforce—laws passed is reasonable to conclude she would use her qualified.’’ Frankly, they are a pretty by the people of the United States. position to implement her own political ide- Reliance on foreign law, I believe, liberal group, so I don’t know if it is so ology. has been shown to be nothing more much her views on some of these I have reached the view that the than a tool that activist judges who issues, but probably an actual evalua- facts as I have noted—her open defense seek to reach outcomes they desire uti- tion of the kind of experience and of the idea that judges can use sources lize. It is a way to get out from under background she brings and whether she other than our law to decide cases and the meaning of U.S. law. Why else would be qualified to sit on an impor- her lack of experience and proven would one cite it? If they cannot find a tant Federal district court—the South- record of good judgment and legal basis for their decisions in American ern District of New York, one of the skill, the fact that a minority of the law and legal tradition, they look to premier trial benches in the world, and ABA Standing Committee on the Fed- the laws and norms of foreign countries even in America—and I think it is a eral Judiciary found her not qualified to justify their decisions. As Justice matter we should consider. to serve on the bench, justifies a vote Scalia aptly described it—and he has This is a very serious shortcoming in opposition to this nomination. I will hammered this theory—courts employ- for a number of reasons. Litigating in not block the nomination. We will have ing foreign law, including his own court is valuable experience. It pro- an up-or-down vote. But I do think in court—the U.S. Supreme Court—are vides insights to someone who would be my best judgment—and that is all I merely ‘‘look[ing] over the heads of the a judge. It helps make them a better have, my best judgment—after review- crowd and pick[ing] out its friends.’’ judge if they have had that experience. ing her resume, looking at how thin What did he mean by that? He means It gives them a strong understanding her experience is, and her positions on the law, the foundation principles of that words have meaning and con- a number of issues, indicates to me deciding cases. If they don’t like what sequences. When we see people get that she has the real potential to be an they find in the United States, they prosecuted for perjury or we see mil- activist judge, not faithful to the law. look out over their heads and they find lion-dollar contracts decided this way For that reason, I will vote no. or that way based on the plain meaning somebody in Italy or Spain or China or I yield the floor. wherever, and they say: We need to in- of words, we learn to respect words. The PRESIDING OFFICER. The Sen- terpret our law in light of what they do Some of these people out of law ator from Arkansas. in Germany. How bogus is that as an schools, with their activist philosophy, intellectual legal argument? seem to think a judge has a right to Mr. BOOZMAN. Mr. President, I Judges who engage in this type of ac- allow their empathy and their feelings agree with the Senator from Alabama. tivism violate their judicial oath, I be- to intervene and decide cases based on In Arkansas, it is so important that we lieve. The oath is to serve under our something other than the words of the get good judges nominated and con- Constitution, our laws. It requires contract or the words of the Constitu- firmed, and that is why I rise in sup- judges to evaluate cases in that fash- tion. It is a threat to American law. In- port of Susan Hickey’s nomination as ion—not the laws of other countries. deed, it is what President Obama has U.S. district judge for the Western Dis- Other countries don’t have the same said a number of times. He believes trict of Arkansas. legal heritage we have. They don’t judges should allow their empathy to Judge Hickey’s distinguished career value the same liberties and the same help them decide cases. interests reflect her pursuit to serve fundamental freedoms that are en- What is empathy? It is their personal the interests of justice. As an attorney shrined in our Constitution. The deci- views. Whom do we have empathy for? and now as a circuit judge in my home sions of foreign courts have absolutely It depends on whom one likes before State of Arkansas, she has earned the no bearing on a decision of a judge in a they come on the bench. So they are respect of the Arkansas legal commu- U.S. court, and nominees who disagree deciding cases based on factors other nity and proven she is devoted to ful- with that fundamentally can disqualify than the objective facts of the case. I filling this important role in our judi- themselves from the bench. believe the practice of law is a real cial system.

VerDate Mar 15 2010 03:49 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.031 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6492 CONGRESSIONAL RECORD — SENATE October 13, 2011 I am confident Judge Hickey’s exten- no doubt she will be impartial as she The PRESIDING OFFICER. Without sive experience with the legal system puts on that Federal district court objection, it is so ordered. will serve her well on the Federal robe. Mr. SCHUMER. Mr. President, I rise bench. Her confirmation will fill the Then, my third criterion, does she to speak today in support of two excel- seat of retired Judge Harry Barnes, have the proper judicial temperament? lent nominees for the bench from the whom she clerked for before her ap- That, obviously, is subjective because Southern District of New York. These pointment as circuit judge in the Thir- that comes down to their personality two women, Alison Nathan and Kath- teenth Judicial District. She also and their style. But we want a Federal erine Forrest, have different back- worked in a private law firm following judge who has great demeanor, who is grounds, but each in her own way rep- her graduation from the University of very good with the law, but also very resents the best the New York bar has Arkansas School of Law and also good with lawyers because, obviously, to offer. served as an in-house counsel for Mur- in a trial court they have a lot of type Katherine Forrest is a young lawyer phy Oil. A personalities in the court, and they but an extraordinarily accomplished Judge Hickey has strong bipartisan have to give the proper appearance to lawyer whose practice has been par- support for good reason: She has estab- the jury. That is critically important ticularly well suited to the needs of lished herself as a dedicated public for a district court judge. So I would litigants in the Southern District. She servant who possesses a strong work say, absolutely, yes, she has the right was born in New York City, received ethic and commitment to a fair and judicial temperament. her BA from Wesleyan University, and impartial legal system. Her experience So I would strongly encourage all of her law degree from NYU Law School, and impartial demeanor and reputation my colleagues to vote favorably for one of the best in the country. She has amongst her peers give me faith that Susan Hickey. Like I said, she has han- spent the majority of her career in pri- Judge Hickey will do a great job as the dled 1,690 total matters in the Federal vate practice at the prestigious, top- U.S. district judge for the Western Dis- courts since she has been a law clerk line firm of Cravath, Swaine & Moore, trict of Arkansas. When she was nomi- there. where she was on the National A List nated for this position, Arkansans from Mr. President, 313 total felony cases of Practitioners. She was named one of all across the State expressed their have been disposed of in her trial court the American Lawyer’s ‘‘Top 50 Litiga- support for her confirmation. in south Arkansas down in El Dorado. tors Under 45.’’ She currently serves as I am honored to recommend that the She has a lot of very solid legal experi- a Deputy Assistant Attorney General Senate confirm Judge Susan Hickey as ence. The bottom line is, she is just a in the Antitrust Division of the De- a U.S. district judge for the Western good person, and people like her and re- partment of Justice, where I know she District of Arkansas. I am confident spect her and they trust her. is very well regarded and has served her experience and judicial tempera- I think when our Founding Fathers with great distinction. I look forward ment make her the right person to put together the Federal judiciary, this to Ms. Forrest’s transition from posi- serve Arkansas as a district judge. was the kind of person they wanted. tion of service to our country to the With that, I yield the floor. She reflects the values and the atti- other. The PRESIDING OFFICER. The Sen- tudes of that part of the State. She is I also rise in support of Alison Na- ator from Arkansas. smart. She is hard working. She is than. I would like to counter some of Mr. PRYOR. Mr. President, I wish to going to be fair. Really, we could not the arguments that have been made thank my colleague for being here ask a whole lot more for any Federal against her on the floor here today. today and expressing his support for judge in any district, and, certainly, Susan Hickey to be a new Federal dis- she is going to do a great job down First, Alison Nathan has tremendous trict court judge in the Western Dis- there. legal experience, albeit that she is trict of Arkansas. She has a strong So I am proud to be joined by my young. She is a gifted young lawyer record in our State. She is exactly friend and colleague from Arkansas to whom New Yorkers would be fortunate what we need in a Federal judge. The support this nomination. If we support to have on the bench, hopefully for a fact that we have both home State her, and if we confirm her today, we long time. Although she is a native of Senators, one Democrat and one Re- will be joining thousands and thou- Philadelphia, she has called New York publican, supportive of the nomination sands of people in south Arkansas who City her home for some time. She grad- begins to speak volumes about the kind have supported her. We have had hun- uated at the top of her class from both of person and the kind of reputation dreds, I know, express support for her Cornell University and Cornell Law Susan Hickey has. in my office. I am certain Senator School, where she was editor-in-chief She has been in both the public sec- BOOZMAN has had many support her in of the Cornell Law Review. She worked tor and private sector. She has worked his office as well. as a litigator for 4 years at the pre- inhouse with an oil company, as Sen- I encourage my colleagues to give her eminent firm of WilmerHale and has ator BOOZMAN said. But she has also very strong consideration. She has also served in two of the three law-clerked for a very solid and well- been rated unanimously ‘‘qualified’’ by branches of government. Ms. Nathan respected Federal judge. the American Bar Association. clerked for Ninth Circuit Court of Ap- She is now a State court judge in Ar- There, again, in that both home peals Judge Betty Fletcher and then kansas at the State trial court level. State Senators support her, the Amer- for Supreme Court Justice John Paul She has handled 313 felony criminal ican Bar Association supports her, the Stevens. Recently, she served with dis- cases since she has been on the bench. Arkansas bar—not the association be- tinction as a Special Assistant to She brings a lot of experience, and she cause they do not do those types of en- President Obama and an Associate is exactly the kind of person we need to dorsements—but every lawyer I have White House Counsel. She is currently be on the Federal bench. talked to who knows Susan Hickey special counsel to the solicitor general When I look at a judge candidate, a thinks she will do an outstanding job, of New York. Now, that is a world of judge nominee, I always have three I would like to ask my colleagues to experience. It is hard to find better ex- sets of criteria: One, are they qualified? vote for her nomination and I appre- perience from somebody being nomi- Certainly, she is. She brings very ciate their consideration. nated to the bench. strong qualifications and experience to With that, Mr. President, I yield the Some of my colleagues have said: this position. floor and suggest the absence of a Well, her rating from the ABA was not Second, can she be fair and impar- quorum. as good and that was based on experi- tial? I think that is something that The PRESIDING OFFICER. The ence. That is what the ABA does. They comes up with Susan Hickey over and clerk will call the roll. claim, these colleagues, that Ms. Na- over and over. From her local bar down The assistant legislative clerk pro- than lacks the experience to be con- in south Arkansas, from the people in ceeded to call the roll. firmed as a judge because only a major- the community, the folks who have Mr. SCHUMER. Mr. President, I ask ity of the ABA rated her qualified, dealt with her, they all say she is an unanimous consent that the order for while a minority rated her not quali- extremely fair person, and they have the quorum call be rescinded. fied.

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.032 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE October 13, 2011 CONGRESSIONAL RECORD — SENATE S6493 However, Ms. Nathan has the same to the extent questions come before them Burr Heller Murkowski qualification ratings as Bush adminis- and that Congress acts as it has in this area. Chambliss Hoeven Paul Coats Hutchison Portman tration judges whom this body con- That is good reason that she is sup- Cochran Inhofe Risch firmed. Specifically, the Senate con- ported by all of the law clerks she Collins Isakson Roberts firmed 33 of President Bush’s nominees served with, including those of Justices Corker Johanns Rubio Cornyn Johnson (WI) with ratings equal to Ms. Nathan, in- Thomas, Scalia, Kennedy, and O’Con- Sessions Crapo Kirk Shelby DeMint Kyl cluding Mark Fuller and Keith Watkins nor. And obviously those Justices are Snowe Enzi Lee of Alabama, Virginia Hopkins of the not Justices who agree with some of Thune Graham McCain Toomey Northern District of Alabama, Paul the other Justices on the Court, but Grassley McConnell Cassell of Utah, Frederick Martone of their law clerks uniformly supported Hatch Moran Wicker Arizona, and David Bury of Arizona. Ali Nathan. NOT VOTING—8 Are we going to have a different stand- So I would urge my colleagues to ard for Ali Nathan than for other support Ali Nathan. She will be an out- Coburn Lieberman Stabenow Hagan Lugar Vitter judges? I sure hope not. standing addition to the bench in the Harkin Manchin Then some have brought up only re- Southern District of New York, as well The nomination was confirmed. cently—actually, very recently—the as Katherine Forrest, who will also be thought that Ms. Nathan would apply an outstanding addition. The PRESIDING OFFICER. The question is, Will the Senate advise and foreign law to our own laws. It is pat- I yield the floor, and I suggest the ab- consent to the nomination of Susan ently false to say that Ms. Nathan has sence of a quorum. Owens Hickey, of Arkansas, to be suggested or that she believes it is ap- The PRESIDING OFFICER (Mr. United States District Judge for the propriate for U.S. judges to rely on for- SANDERS.) The clerk will call the roll. Western District of Arkansas? eign law or that she herself would ever The bill clerk proceeded to call the The Senator from Vermont. consider doing so. To the contrary. In roll. response to written questions from Mr. LEAHY. Mr. President, I ask Mr. LEAHY. I ask for the yeas and Senator GRASSLEY, she said explicitly: unanimous consent that the order for nays. If I were confirmed as a United States Dis- the quorum call be rescinded. The PRESIDING OFFICER. Is there a trict Court Judge, foreign law would have no The PRESIDING OFFICER. Without sufficient second? relevance to my interpretation of the U.S. objection, it is so ordered. There is a sufficient second. Constitution. Mr. LEAHY. Mr. President, I ask for The clerk will call the roll. Let’s go through that quote again. the yeas and nays. The legislative clerk called the roll. This is in reference to a question from The PRESIDING OFFICER. Is there a Mr. DURBIN. I announce that the Senator GRASSLEY: sufficient second? Senator from California (Mrs. BOXER), If I were confirmed as a United States Dis- There appears to be a sufficient sec- the Senator from North Carolina (Mrs. trict Court Judge, foreign law would have no HAGAN), the Senator from Iowa (Mr. relevance— ond. The question is, Will the Senate ad- HARKIN), the Senator from Connecticut ‘‘No relevance,’’ my emphasis— vise and consent to the nomination of (Mr. LIEBERMAN), the Senator from to my interpretation of the U.S. Constitu- Alison J. Nathan, of New York, to be West Virginia (Mr. MANCHIN), and the tion. United States District Judge for the Senator from Michigan (Ms. STABENOW) My colleagues are also wrong in their Southern District of New York? are necessarily absent. suggestion that Ms. Nathan has in the The clerk will call the roll. Mr. KYL. The following Senators are past either relied on foreign law herself The bill clerk called the roll. necessarily absent: the Senator from or suggested that courts should do so. Mr. DURBIN. I announce that the Oklahoma (Mr. COBURN), the Senator In the Baze vs. Rees case, she merely Senator from North Carolina (Mrs. from Indiana (Mr. LUGAR), and the Sen- described the fact that others, includ- HAGAN), the Senator from Iowa (Mr. ator from Louisiana (Mr. VITTER). ing a law school clinic and Human HARKIN), the Senator from Connecticut The PRESIDING OFFICER. Are there Rights Watch, had argued in their own (Mr. LIEBERMAN), the Senator from any other Senators in the Chamber briefs that international law could be West Virginia (Mr. MANCHIN), and the wishing to vote? considered when dealing with questions Senator from Michigan (Ms. STABENOW) The result was announced—yeas 83, of pain and suffering. Similarly, in her are necessarily absent. nays 8, as follows: analysis of the Roper case, Ms. Nathan Mr. KYL. The following Senators are [Rollcall Vote No. 165 Ex.] made an observation about what the necessarily absent: the Senator from Supreme Court had done—specifically, YEAS—83 Oklahoma (Mr. COBURN), the Senator that the Supreme Court had cited for- Akaka Feinstein Murkowski from Indiana (Mr. LUGAR), and the Sen- Alexander Franken eign law as nondispositive support for Murray ator from Louisiana (Mr. VITTER). Ayotte Gillibrand Nelson (NE) their conclusion about the national The PRESIDING OFFICER. Are there Barrasso Graham Nelson (FL) consensus in the United States about Baucus Hatch Portman any other Senators in the Chamber de- the death penalty. That my colleagues Begich Heller Pryor siring to vote? Bennet Hoeven jumped from these two instances in Reed The result was announced—yeas 48, Bingaman Hutchison Reid which Ms. Nathan described other peo- Blumenthal Inhofe nays 44, as follows: Risch ples’ opinions to conclusions about Ms. Blunt Inouye Roberts Boozman Isakson [Rollcall Vote No. 164 Ex.] Rockefeller Nathan’s own belief leads me to ask, Brown (MA) Johanns Rubio are judicial candidates not allowed to YEAS—48 Brown (OH) Johnson (SD) Sanders Akaka Franken Nelson (NE) Cantwell Johnson (WI) describe the arguments that others Schumer Baucus Gillibrand Nelson (FL) Cardin Kerry have made? That would be rather ab- Sessions Begich Inouye Pryor Carper Kirk surd. I cannot imagine it is the out- Bennet Johnson (SD) Reed Casey Klobuchar Shaheen come my colleagues would want, but it Bingaman Kerry Reid Chambliss Kohl Snowe is the one to which their arguments Blumenthal Klobuchar Rockefeller Coats Landrieu Tester Boxer Kohl Sanders Cochran Lautenberg Thune naturally lead. Brown (OH) Landrieu Schumer Collins Leahy Toomey Finally, on national security, where Cantwell Lautenberg Shaheen Conrad Levin Udall (CO) again some from the outside who have Cardin Leahy Tester Coons McCaskill Udall (NM) criticized Ms. Nathan have brought up Carper Levin Udall (CO) Corker McConnell Warner Casey McCaskill Udall (NM) Cornyn Menendez Webb national security, here is what she has Conrad Menendez Warner Crapo Merkley Whitehouse said: Coons Merkley Webb Durbin Mikulski Wicker I think it is important for a Federal dis- Durbin Mikulski Whitehouse Enzi Moran Wyden Feinstein Murray Wyden trict judge to follow the Supreme Court. It is NAYS—8 important to our national security for there NAYS—44 to be judges who follow the law in this area— Burr Kyl Paul Alexander Barrasso Boozman DeMint Lee Shelby National security— Ayotte Blunt Brown (MA) Grassley McCain

VerDate Mar 15 2010 01:29 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13OC6.042 S13OCPT1 rfrederick on DSK6SPTVN1PROD with SENATE S6494 CONGRESSIONAL RECORD — SENATE October 13, 2011 NOT VOTING—9 was to represent Shirin Ebadi, a Noble their strong-willed backbone on many Boxer Harkin Manchin Prize winner, in the courts of Iran. international questions, have a more Coburn Lieberman Stabenow We hear and have watched unclassi- far-reaching effect on calling it the Hagan Lugar Vitter fied reports of an acceleration of ura- way they see it in Iran. Both Europe The nomination was confirmed. nium enrichment in Iran. We even have and America now have a regime to The PRESIDING OFFICER. The the irony, according to the Inter- bring forward sanctions and designa- question is, Will the Senate advise and national Monetary Fund, that despite tions against Iranians who are ‘‘com- consent to the nomination of Kath- comprehensive U.N. and U.S. sanc- prehensive abusers of human rights.’’ erine B. Forrest, of New York, to be tions—according to the IMF—Iran had Currently, our government has only United States District Judge for the greater economic growth last year designated 11 Iranians, where the Euro- Southern District of New York? than the United States and the Iranian pean Union has designated over 60. One The nomination was confirmed. indebtedness is only a fraction of U.S. of the people missed by our administra- The PRESIDING OFFICER. Under indebtedness. According to the IMF, tion is the President of Iran, Mahmud the previous order, the motions to re- the United States owes about 70 per- Ahmadinejad, who often talks about consider are considered made and laid cent of its GDP in debt held by the ending the state of Israel. Probably the upon the table and the President will public. For Iran, it is only 5.5 percent. only head of state of a member of the be immediately notified of the Senate’s Now the United States has enacted a United Nations who regularly talks action. new round of sanctions against Iran. about erasing another member of the President Obama signed it into law last f United Nations from the planet. We year. There were 410 votes in the also have not designated President LEGISLATIVE SESSION House, and it was unanimous in the Ahmadinejad’s chief of staff. We have The PRESIDING OFFICER. Under Senate. I worked for many years on a not designated dozens of people that the previous order, the Senate will re- predecessor to that legislation when I even the European Union has des- sume legislative session. was a Member of the House. The record ignated as comprehensive abusers of The majority leader is recognized. of the administration, and especially human rights. our very able Under Secretary of the So what should we do when we have f Treasury David Cohen, has been very uncovered a plot to attack the United MORNING BUSINESS good at implementing that bill. He has States in which the highest levels of been very successful in reducing formal the Iranian Revolutionary Guard Quds Mr. REID. Mr. President, I ask unan- banking contacts between American, Force was involved? Thank goodness imous consent that the Senate proceed European and Asian banks and Iran. It for the DEA and the rest of the law en- to a period of morning business, with is very important, when we look at the forcement and intelligence community Senators allowed to speak for up to 10 situation of how to deal with Iran, that of the United States, the plot was minutes each during that time. we not see it from Washington’s view, foiled, and so no attack was carried The PRESIDING OFFICER. Without looking toward Iran, in which we see out. In my mind, we should take the objection, it is so ordered. an awful lot of banks and an awful lot toughest action possible, short of mili- The Senator from Illinois. of transactions shut down, but look at tary action. Is there consensus in the f it from Tehran’s view, looking back Congress behind what that action from the United States, and we will see IRAN SANCTIONS should be? I would argue yes. a quickly growing Iranian economy, a Senator SCHUMER and I, this summer, Mr. KIRK. With regard to our policy growing record of brazen oppression, put forward what we feel is one of the toward Iran and the recent revelation actresses sentenced to 90 lashes, Noble real, most crippling sanctions the of a potential attack involving not just Prize-winning attorneys thrown in jail, United States could deliver against foreign embassies and ambassadors but an accelerating nuclear program, and Iran; that is, to ensure that any finan- Americans, potentially Senators, being then a decision by the head of the Ira- cial institution that has any contact killed by a plot hatched by the Iranian nian Revolutionary Guard Corps, Quds with the Central Bank of Iran be ex- Revolutionary Guard and Quds Force, Force, to attack the United States. cluded from the U.S. market. Because there should be consequences, not just Long ago, I thought it was a mistake the United States is the largest econ- concerns expressed from the adminis- to have the Drug Enforcement Agency omy on Earth, we believe nearly every tration. We have witnessed a growing left outside of the U.S. intelligence financial institution on the planet will aggressiveness by the Iranian regime community. Luckily, we reversed that cut its ties to the Central Bank of Iran. toward the United States and toward decision and we brought DEA back into That, most likely, would cripple Iran’s their own people. the intelligence community. It was a currency and cause chaos within their For example, recently, an Iranian ac- lucky strike that the person who was economy. You know what. Iran might tress who appeared uncovered in an contacted by the Quds Force to carry actually suffer a recession, which it Australian film was then sentenced to out an attack on the United States ac- currently is not in, and I think that 90 lashes for her so-called crime. With tually contacted a confidential inform- would be an appropriate price to pay. regard to the 330,000 Baha’is, a reli- ant working for the DEA. It was on When Senator SCHUMER and I reached gious minority in Iran, first they were that lucky break that we had the abil- out to the Senate to ask for support, I excluded from all public contracting, ity to break this plot. But if we read was very surprised at the answer be- then they were told all their children Attorney General Holder’s complaint cause all but eight Senators signed our had to leave Iranian universities, and against the defendant involved, we will letter. There were 92 Republicans and then all their home addresses were reg- see—I believe it is on page 12—a ren- Democrats who signed the letter stat- istered in secret by the Iranian Interior dition of how, if they could not kill the ing it should be the policy of the Ministry. Ambassador outside the restaurant, it United States to collapse the Central I would suggest we have seen this was perfectly OK with the Quds Force Bank of Iran, to cripple its currency. movie before in a different decade operator that a bomb go off involving After what we learned this week of a wearing different uniforms. But this is dozens—if not over 100—of Americans plot to kill Americans and to carry out the bureaucracy necessary to carry out killed. The bonus, he thought, maybe a terrorist attacks on the Capital City of a Kristallnacht in Farsi. large number of Senators would be in- the United States, I think that rep- We have seen, for example, the Per- volved. If that was necessary to kill resents appropriate consequences, not sian world’s first blogger, Hossein this Ambassador, all the better. just concerns. Ronaghi, who was thrown into jail sim- The Treasury Department has des- We heard from the administration ply for expressing tolerance toward ignated, finally, the head of the Quds this morning—and while I was encour- other peoples and other religions. Prob- Force under our law. But it is ironic aged by the diligent work, especially of ably most emblematic, we saw the that when we look at the comprehen- the Treasury Department, I was con- jailing of Nasrin Sotoudeh, a young sive record of designations, the Euro- cerned about another thing. There are mother and a lawyer, whose sole crime peans, who actually are not known for press reports that the administration

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