S2636 CONGRESSIONAL RECORD — SENATE June 2, 2020 [You’re] doing nothing. Because that’s not get done before the pandemic arrived The PRESIDING OFFICER. The going to bring my brother back at all. in the first place. This month, we will question is on agreeing to the motion. So the legitimate and important turn to bipartisan legislation led by The motion was agreed to. voices of peaceful protesters will never Senators Gardner and Daines to pro- The PRESIDING OFFICER. The be heard over the wailing of fire vide stable support for the Land and clerk will report the nomination. alarms, the smashing of plate-glass Water Conservation Fund and lasting The senior assistant legislative clerk windows, and the sirens of ambulances stewardship of our natural resources. read the nomination of Michael Pack, coming for police officers who have Their bill will safeguard our Nation’s of Maryland, to be Chief Executive Of- been assaulted or shot in the head. public lands for recreation and con- ficer of the Broadcasting Board of Gov- Our Nation is united in horror and servation and help generations of ernors for the term of three years. opposition to the violent killing of Mr. Americans continue to access and (New Position) Floyd. We are united. It is well past enjoy these treasures. CLOTURE MOTION time that we also unite on the side of In the coming weeks, our colleagues Mr. MCCONNELL. Madam President, peace in our streets and peace in our on the Armed Services Committee will I send a cloture motion to the desk. communities. We need to unite against begin marking up the 60th consecutive, The PRESIDING OFFICER. The clo- these violent rioters, who seek only to annual National Defense Authorization ture motion having been presented aggrandize themselves and further Act. I know our colleagues need no re- under rule XXII, the Chair directs the damage a nation that needs healing. minder of how important that task is; clerk to read the motion. f neither do our men and women in uni- The senior assistant legislative clerk form. The COVID–19 crisis makes it read as follows: BUSINESS BEFORE THE SENATE more urgent, not less urgent, that we CLOTURE MOTION Mr. MCCONNELL. Madam President, continue to authorize investments in We, the undersigned Senators, in accord- on a totally different matter, obviously our servicemembers and their families ance with the provisions of rule XXII of the and unfortunately, this turmoil is not and in advancing and accelerating our Standing Rules of the Senate, do hereby the only great challenge before us. Lest national defense strategy. From honing move to bring to a close debate on the nomi- we forget, the healthcare fight against our competitive edge against would-be nation of Michael Pack, of Maryland, to be the worst viral pandemic in a century rivals on land and sea to expanding our Chief Executive Officer of the Broadcasting Board of Governors. (New Position) is still upon us. Our Nation is trying to reach in the air and space, achieving smartly and safely reopen. Just as Mitch McConnell, Cindy Hyde-Smith, our Nation’s strategic priorities begins John Boozman, Tim Scott, Marsha small businesses in some cities are right here this month with the NDAA. Blackburn, Chuck Grassley, Steve sweeping up broken glass, American So Congress’s to-do list is clear, and Daines, Mike Crapo, Richard Burr, workers and entrepreneurs across the the Senate is manning its essential John Cornyn, David Perdue, Martha Nation are trying to rebuild the shat- post, working to get the American peo- McSally, John Thune, James M. tered prosperity our Nation was experi- ple’s business done. Inhofe, Kevin Cramer, Ted Cruz. encing just a few months ago. Mean- f Mr. MCCONNELL. Madam President, while, beyond our shores, our enemies I ask unanimous consent that the man- and adversaries would be only too RESERVATION OF LEADER TIME datory quorum call be waived. eager to catch the United States with The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without our guard down. the previous order, the leadership time objection, it is so ordered. So there is plenty of work before the is reserved. f Senate, and unlike the Democratic f House of Representatives, which I un- EXECUTIVE CALENDAR (Resumed) derstand may next appear here in CONCLUSION OF MORNING Mr. MCCONNELL. Madam President, Washington in about a month—in BUSINESS I ask unanimous consent that the Sen- about a month—the Senate is present The PRESIDING OFFICER. Morning ate resume consideration of the and working. business is closed. Mercado nomination. We are continuing to conduct over- f The PRESIDING OFFICER. Without sight of our historic rescue package, objection, it is so ordered. EXECUTIVE SESSION the CARES Act, as it continues taking Mr. MCCONNELL. Madam President, effect. I expect we will soon consider I suggest the absence of a quorum. The PRESIDING OFFICER. The further bipartisan legislation to help EXECUTIVE CALENDAR the Paycheck Protection Program—the clerk will call the roll. The PRESIDING OFFICER. Under signature policy from Senators Rubio The senior assistant legislative clerk the previous order, the Senate will pro- and Collins that has kept tens of mil- proceeded to call the roll. ceed to executive session to resume lions of Americans employed—continue Mr. SCHUMER. Madam President, I consideration of the following nomina- to work for our country. ask unanimous consent that the order As we pivot toward reopening, the tion, which the clerk will report. for the quorum call be rescinded. Senate is also working on significant The senior assistant legislative clerk The PRESIDING OFFICER. Without COVID-related legal protection so our read the nomination of Victor G. objection, it is so ordered. Nation’s schools, healthcare workers, Mercado, of California, to be an Assist- RECOGNITION OF THE MINORITY LEADER and employers are not swamped with ant Secretary of Defense. The PRESIDING OFFICER. The frivolous lawsuits and taxpayer dollars f Democratic leader is recognized. do not just stimulate the pockets of LEGISLATIVE SESSION PROTESTS trial lawyers. Mr. SCHUMER. Madam President, I Mr. MCCONNELL. Madam President, At the same time, critical vacancies I move to proceed to legislative ses- just finished watching Joe Biden’s remain throughout the Federal Gov- sion. speech to the Nation. President Trump, ernment, and qualified nominees stand The PRESIDING OFFICER. The watch Joe Biden’s speech. That is what ready to fill them. So the Senate will question is on agreeing to the motion. real leadership looks like. work through two nominees to the The motion was agreed to. Now, it is difficult to express the mo- Federal district courts and a number of ment we find ourselves in. Our country important executive branch positions, f has been hit by a strange and con- including Assistant Secretary of De- EXECUTIVE SESSION tagious disease infecting millions and fense for Strategy, Plans, and Capabili- killing over 100,000 of our people. Our ties; Deputy Under Secretary of De- economy was put on ice for several fense; and the new Special Inspector EXECUTIVE CALENDAR months, shuttering scores of busi- General for Pandemic Recovery. Mr. MCCONNELL. Madam President, nesses, casting 40 million Americans on What is more, we also have all the I move to proceed to executive session the unemployment rolls, and, accord- important legislation that needed to to consider Calendar No. 697. ing to government estimates, taking

VerDate Sep 11 2014 00:31 Jun 03, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G02JN6.002 S02JNPT1 dlhill on DSK120RN23PROD with SENATE June 2, 2020 CONGRESSIONAL RECORD — SENATE S2637 $16 trillion out of our economy over the We need leaders who will pull us to- and General Milley should not allow long term. gether and help us heal and turn the the U.S. military to come within a Then this Nation suffered another righteous anger in the land into action country mile of these ugly stunts. trauma—a deeply personal and wrench- and progress. Senate Democrats are Let me say that again. The President ing pain of another African American not going to wait to take action on law must cease this behavior immediately. senselessly killed in police custody. It enforcement reform. We are going to Secretary Esper and General Milley is another reminder of the racism that confront and address these issues right should not allow the U.S. military to can infect not only our law enforce- now. come within a country mile of these ment and our criminal justice system Several of my colleagues are working ugly stunts. but our entire society. on legislation, including Senators The administration is using the mili- George Floyd’s killing spurred justi- BOOKER, HARRIS, CARDIN, DUCKWORTH, tary as a tool to intimidate American fied, overwhelmingly peaceful protests SCHATZ, and many others. As a caucus, citizens. The Department of Defense IG from Minneapolis to New York, from we are going to listen to experts on ra- must immediately launch an investiga- Atlanta to right here in the Nation’s cial justice, like Bryan Stevenson, and tion into how the U.S. military was Capital. Americans are frustrated. hear from our constituents who suffer used and whether it was consistent Americans are angry. Americans are racial discrimination and bias on a with the laws of our Nation. Republicans on both sides of the Cap- upset at the country they see, and they daily basis. We are going to propose itol should be as outraged as we are. want to change it. Can you blame and push for bold action. The last time we had a President who them? It is a good thing that people What matters is that we respond to wantonly disobeyed the laws, there protest and want to make our country the national wave of unrest with ac- were Republicans in Congress who better, especially when it comes to the tion. I am repeating my call to Leader scourge of racism, the poison that has stood up to him—not so much this MCCONNELL. Leader MCCONNELL, com- been in American bones for far too time, not so much this President. mit to putting law enforcement reform Leader MCCONNELL just spoke here long. legislation on the floor before July 4. A The millions of Americans of all on the floor, and we didn’t hear a word divided nation cannot wait for healing races and backgrounds who have taken from him about the President’s dis- or for solutions. to the streets in peaceful protest are graceful use of force on nonviolent At the same time, our Nation needs doing something noble: reminding the protestors last night. Senate Repub- calm and steady leadership, a sure powers that the decades-long failure to licans who remain silent about the hand and a big heart—qualities that reform police departments is unaccept- President’s abuses are, once again, be- President Trump has never displayed able and that systemic racism is a knee traying the rule of law and the con- in office. pressing on the necks of tens of mil- stitutional basis of this country. And I repeat my request to President lions of African Americans. They are the reason? Fear of a vindictive Presi- Trump: President Trump, watch Joe reminding the country that Black lives dent who demands they never criticize Biden’s speech that he gave this morn- matter by holding their arms up in si- him. ing. That is what leadership is, not lence for 2 minutes and 53 seconds, After the President’s reality show what you are doing. which is the length of time that George ended last night, while the Nation We are living through a tale of two Floyd was unresponsive while the po- nervously watched the chaos that en- crises—COVID and racial justice—and lice officer continued to press him into gulfs us, President Trump probably President Trump has been a miserable the hard pavement of that Minneapolis laid in bed pleased with himself for de- failure at handling both of them. street. scending another rung on the dictato- Last night, the scene in Washington, The small minority who have ex- rial ladder. He probably wore out his DC, may have provided the enduring ploited the protests to wreak havoc remote control watching the clips of and violence are wrong. They are not portrait of the Trump Presidency. General Barr’s victory over the un- taking part in the grand American tra- While peaceful, law-abiding citizens armed in the Battle of Lafayette dition of First Amendment protests, were exercising their constitutional Square. Then he reveled in the sounds and they are not peacefully assem- right to protest in a public park across of Blackhawks flying overhead and joy- bling. They are breaking laws and de- from the White House, President ously retweeted scores of preening sycophants. It is all so sad, so pathetic, stroying businesses already struggling Trump ordered Federal troops to clear and so weak. to recover and putting their fellow citi- those peaceful crowds with tear gas The President could have led during zens in danger. They do a great dis- and rubber bullets so that he could trudge a few blocks from the White the COVID crisis, which still looms service to themselves, their country, over us. He could have led in economic and the righteous cause that so many House to stand in front of a church, not to go inside but for a photo op. The recovery, providing realistic hopes to Americans are now engaged in. people. Even now, he could be spending While over 4,000 protesters have been President’s relentless need to make a his time decrying the absence of jus- arrested over the past week, only 1 of weak man feel strong led him to order tice for George Floyd, calling for the the 4 police officers involved in George Federal law enforcement officers to gas peacefully assembled Americans so he investigation or prosecution of the Floyd’s death has been arrested. It does other three officers who were involved not excuse the violence in any way, but could sneak his way to a church photo op. It led him to order Federal officers or for Breonna Taylor or for countless it explains, in part, why so many other African Americans who have Americans are angry. There is account- to gas peacefully assembled Americans so that he could sneak his way to a been killed, extrajudicially, because of ability for everyday citizens and pro- the color of their skin. church for a photo op. testers when they violate the law, but Our Nation is desperate—desperate— After the gas came the horses, a mod- there isn’t always accountability for for real leadership, but there is no one ern-day cavalry for clearing the battle- law enforcement when it does the home at the White House, and the field. The purpose? So President Trump same. Violence, wherever it occurs, is lights are off. I fear for the future of could wave a Bible—not read a Bible, wrong, but not prosecuting law en- our country—that in this time of im- not even his Bible—as a prop. It was forcement when they break the law mense difficulty, our President is only with the same intensity, as protesters appalling. It was an abuse of Presi- capable of contributing more division, when they break the law, is wrong as dential power. It may well have been il- more fear, and more chaos. well. legal, and it was blatantly unconstitu- I yield the floor. The first year of this new decade has tional. The President of the United I suggest the absence of a quorum. brought plague and economic disaster States ordered troops to attack peace- The PRESIDING OFFICER. The and a vivid reminder of racial injus- ful American citizens exercising their clerk will call the roll. tice, testing—testing—the capacity of constitutional rights by tear-gassing The senior assistant legislative clerk our country to endure what only a few them in a public park while military proceeded to call the roll. months ago would have been consid- helicopters flew overhead. Mr. THUNE. Madam President, I ask ered an unimaginable series of chal- The President must immediately unanimous consent that the order for lenges. cease this behavior. Secretary Esper the quorum call be rescinded.

VerDate Sep 11 2014 00:31 Jun 03, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G02JN6.005 S02JNPT1 dlhill on DSK120RN23PROD with SENATE S2638 CONGRESSIONAL RECORD — SENATE June 2, 2020 The PRESIDING OFFICER. Without our Nation’s police officers are men combination of these injustices right objection, it is so ordered. and women of character who care deep- now, in the midst of concerns about the REMEMBERING GEORGE FLOYD ly about protecting everyone in their disproportionate impact of the Mr. THUNE. Madam President, last communities and who strive to do their coronavirus on communities of color, Monday, George Floyd died in the jobs with justice and with integrity. has created a firestorm. hands of a Minnesota police officer. For too many years, the promise of Right now, many feel overwhelmed This senseless death left Americans the declaration that ‘‘all men are cre- by the sadness, anger, and helplessness. reeling, most of all because there have ated equal’’ was denied to many. Even Our hearts are with the families of been too many George Floyds and in our own day, with both slavery and George Floyd, Ahmaud Arbery, and Breonna Taylors and Ahmaud Arberys. segregation now mercifully in our past, every American who has experienced As a nation, we need to work to en- the effects of these great national sins injustices in the shadows, away from sure that what happened last Monday still make themselves felt. We must re- the cameras, outside of the news head- in Minneapolis never happens again dedicate ourselves to ensure that the lines, in their daily lives. and that the perpetrators of crimes promise of liberty and justice for all is It is good that Federal, State, and like this one are held accountable and realized for every American. It will local investigations are underway in brought to justice. We also need to ac- take work, but I have faith in our the Floyd and Arbery cases and that knowledge how deeply many of our fel- country and in my fellow Americans, murder charges have been filed. We low citizens are suffering in the wake and I believe that we can get there. must all demand that justice be served of George Floyd’s senseless death. A lot My prayers today are with George fully and thoroughly. We are a nation of our fellow Americans are afraid Floyd’s family and with all those who of laws, and we must work to uphold right now, shaken by another death are suffering because of his unjust those laws to protect everyone. But my and worried that that could easily have death. ‘‘And what does the Lord re- fear is, like so many other times in our been their son or husband or brother. quire of you,’’ the book of Micah asks, Nation’s history, what will happen is Too many Americans feel unsafe in ‘‘but to act justly and to love mercy that these killings will fade from the their own communities, and we need to and to walk humbly with your God.’’ public’s consciousness and we will listen to them with humility, to listen May we all seek justice and mercy move silently back to the status quo. to those whose experience of America and walk humbly in the days that are We can’t allow that to happen this has often been very different from ahead. time. It is past time for us to have a many of ours. I yield the floor. robust and inclusive national dialogue In the wake of George Floyd’s death, I suggest the absence of a quorum. on racial inequities and some difficult Americans took to the streets and cit- The PRESIDING OFFICER. The but necessary conversations about how ies across the country to express their clerk will call the roll. we move forward as a country. outrage. They joined a powerful tradi- The senior assistant legislative clerk Over the past couple of days, I have tion and exercised a cherished right. proceeded to call the roll. spoken with the mayors of Cleveland, Peaceful protest is an American insti- Mr. PORTMAN. Madam President, I Cincinnati, and Columbus—our three tution, and as the civil rights move- ask unanimous consent that the order biggest cities in Ohio, all three of ment demonstrated, a powerful agent for the quorum call be rescinded. which have had peaceful protests and for change. These protests aren’t rel- The PRESIDING OFFICER (Mrs. destructive rioting. I commend each of egated to big cities. We are seeing LOEFFLER). Without objection, it is so them for their support of citizens dem- them in towns across South Dakota ordered. onstrating peacefully and for what and in many other places in the United PROTESTS they have done to try to stop the vio- States. Mr. PORTMAN. Madam President, I lence. We talked about cultivating Unfortunately, though, there has also am here to talk about the pain, frus- hope for a better world. been counterproductive and unneces- tration, and anger that many Ameri- I will continue to try to use this po- sary violence. Arson, looting, and de- cans are feeling this morning. In the dium here in the Senate to foster unity struction of property have happened in midst of an unprecedented healthcare and discussions with my colleagues, cities around the country, and commu- and economic crisis that is dispropor- my constituents, and leaders across nities have suffered damage that will tionately affecting our minority com- Ohio. We need to work together to find be felt for years. Communities’ faces munities, we have seen protests spring solutions that promote strong families and community buildings have been up across the country in response to and communities that treat each other damaged. Local businesses have seen egregious examples of injustice and vi- with respect and dignity. their shops defaced and their aisles olence against African Americans. I believe one place to start is by hold- ransacked, and innocent bystanders Just in the past few weeks, there ing up those police departments around have been injured. This is not a solu- have been graphic videos of Ahmaud the country that have made substan- tion to the problems highlighted by Arbery gunned down while jogging on a tial reforms in training and account- George Floyd’s death, and this violence street in Georgia; a White woman in ability and improved relationships needs to end. Putting others’ lives in Central Park calling 9–1-1 to falsely ac- with communities of color, all the danger cannot be an acceptable re- cuse an African-American man of while ensuring better public safety for sponse to an unjust death. threatening her; and George Floyd their citizens. Around our country, our law enforce- pleading for his life as a White officer In my home town of Cincinnati, in ment officers have been called out to pressed his knee onto his neck for near- the wake of similar racial injustice respond to these riots. I just want to ly 9 minutes in Minnesota, killing him. protests in 2001, I worked alongside say a couple of words about our police Joining many others, I have made it local officials to develop a better rela- officers. It was a police officer who clear that what happened to these tionship of shared respect between the caused George Floyd’s death, and, Americans is outrageous and unaccept- Black community and our police offi- around our country, other police offi- able. It was very hard to watch that cers. It is called the Collaborative cers are sickened by that officer’s ac- video of George Floyd, a man whose Agreement. It is not a perfect system, tions and the tragic result. Most of our family described him as a ‘‘gentle and it has been tested, but it has also Nation’s police are like Houston’s po- giant,’’ literally begging for his life. ‘‘I proved to be a valuable tool to ensure lice chief, who went out and marched can’t breathe,’’ he said. ‘‘Don’t kill continuous and open dialogue between in solidarity with protesters, or like me,’’ he pleaded. Those were his final the African-American community and the police chief of Norfolk, VA, who did words. This simply cannot be allowed the police force. The data is there. the same, or like the police officers in to continue in America. By the way, no There has been a measurable drop in Camden, NJ, who joined locals to one I know in law enforcement believes Cincinnati in cases both where police march, led by their police chief. this behavior should be allowed either. officers used excessive force and where There are certainly exceptions, Each of these acts and other acts of officers themselves were injured. sadly—too many exceptions. But the injustice against Black Americans is The Federal Government provided vast majority—the vast majority—of deeply troubling in its own right. The support for this program. A lot of the

VerDate Sep 11 2014 00:31 Jun 03, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G02JN6.007 S02JNPT1 dlhill on DSK120RN23PROD with SENATE June 2, 2020 CONGRESSIONAL RECORD — SENATE S2639 support came in terms of the computer to acknowledge when racial disparities spector general of the Department of systems and the data and the trans- and inequities occur, and the answer is Justice, Mr. Horowitz, it is clear that parency and accountability. There is to work together to address these long- this story is far from over, and there is more work to be done, so the Federal standing injustices going forward. a lot we need to do together to help re- role should continue in Cincinnati, but I yield the floor. store public confidence in our Nation’s this may be a model for other cities to The PRESIDING OFFICER. The Sen- premier law enforcement agencies, follow as well. ator from Texas. known as the Department of Justice As we look at what actions this body BUSINESS BEFORE THE SENATE and the FBI. should take, I have been encouraged by Mr. CORNYN. Madam President, this We have learned—tragically, I say, some of the good ideas brought forward is a busy week for all of us in the Sen- because as a former judge and former by some of my colleagues. My col- ate but not so much for our friends in attorney general, I revere these insti- league from South Carolina, Senator the House, who won’t be back until the tutions of law enforcement—we learned TIM SCOTT, is introducing a bill that end of the month to vote on any legis- about texts from high-ranking govern- would encourage greater reporting of lation. ment officials in the FBI, in the upper- fatalities that occur while individuals We are hard at work here in the Sen- management echelon, vowing to stop are under arrest or in police custody. ate, and particularly in the Judiciary Donald Trump’s election. When we know more about what is hap- Committee, we have a lot to do. This We now have learned about systemic pening and emerging trends, I believe morning, we held a hearing to examine abuse of the Foreign Intelligence Sur- we will be better able to address the the impact of COVID–19 on incarcer- veillance Act, which is supposed to pro- right public policy approach. ation and detention. Across my State, tect the privacy of American citizens, Now would also be a good time, in my nearly 5,500 offenders have tested posi- and how it was manipulated and inten- view, to establish a national commis- tive for COVID–19, and at least three tionally abused, and lies actually com- sion on race, as was done in 1967 by dozen have passed away. In addition, municated to the Foreign Intelligence President Johnson in response to the nearly 900 employees have tested posi- Surveillance Court in order to justify a civil unrest of that era. Perhaps the tive, leading to 7 line-of-duty deaths. warrant against an American citizen. honorary cochairs of such a commis- This has been and continues to be a We have learned about a first altered sion could be people of standing, like major focus of mine after having re- and now missing 302 for Michael Flynn. former Presidents Obama and Bush, ceived a letter from the public em- He, of course, was the National Secu- both of whom have spoken eloquently ployee union at the Federal Medical rity Advisor for a short time for Presi- about racism as a stain on our national Center in Carswell in Ft. Worth, which dent Trump but was later charged with character. It would not be a commis- is actually a medical facility for incar- lying to the FBI. Amazingly, in a sion to restate the problem but to cerated individuals. surreal course of events, the original Unfortunately, we know that, just focus on solutions and send a strong notes taken by the FBI agents who like the nursing homes and assisted moral message that America must live interviewed General Flynn are nowhere living facilities—people who are elderly up to the ideal that God created all of to be found. We learned they were later or have chronic underlying health us as equal. modified. We have the modified problems are especially vulnerable to Sadly, there are those who are trying version, after somebody got to change this virus. We need to do everything we to take advantage of the pain and suf- them, but we need to see the under- can to make sure that people are treat- fering by instigating acts of violence lying ones. aimed at the police, looting, vandal- ed humanely and fairly even while in- It is no wonder that the steady drip izing, and setting fires, usually in the carcerated. of information paints a very troubling very communities that are suffering so Tomorrow, we will switch gears, and picture about the motivations behind much. It pains me to see the disrespect we will hold the next in a series of im- the Crossfire Hurricane investigation that has been shown by some, includ- portant hearings to examine the han- and the way it evolved over time. ing to some of our small business own- dling of the FBI’s Crossfire Hurricane ers and their employees in these com- investigation. You will recall that the The thing that concerns me the most munities, who are watching something Crossfire Hurricane investigation was is, if rogue FBI officials can do this be destroyed that they have spent their opened in July 2016, in the midst of a against a Presidential candidate, if lifetime building. It pains me to see Presidential election campaign. This they can do what they did to Hillary the disrespect being shown to some of followed on the heels of a now famous Clinton and expose derogatory infor- the officers who are doing their job in or infamous press conference that FBI mation while saying there isn’t evi- a professional manner. It heartens me Director Comey had on July 5, 2016, in dence with which to charge her with an to see some of the peaceful demonstra- which he claimed that no reasonable offense, if that is tolerated, then what tors trying to stop these destructive prosecutor would charge then-Can- sort of protection do we as ordinary acts. didate Clinton for the various email citizens have against that kind of Violence is not the answer. It will scandals he investigated. But unfortu- abuse of the enormous power given to only serve to further divide our already nately, as we found out later, he re- our law enforcement agencies and in- polarized country. George Floyd’s opened that investigation again right vestigative agencies like the FBI? younger brother, Terrence, said yester- before the November election, casting So this is a monumental scandal. The day: a lot of doubt on who interfered the American people deserve answers, and It’s OK to be angry, but channel your most with the 2016 election. Was it Di- that is what the Judiciary Committee anger to do something positive or make a rector Comey, or was it Russian active is hoping to deliver. change another way because we’ve been measures? Who had the biggest impact Tomorrow, we will hear from former down this road already. The anger, damaging on the actual outcome? Deputy Attorney General Rod Rosen- your hometown, is not the way he’d want. As I said, this investigation against stein about the origins of the inves- We cannot dismiss the anger and the Clinton campaign began in the tigation and the role he played as the frustration that have driven so many summer of 2016. When the special coun- Deputy Attorney General at the time— to the streets for peaceful protests sel’s report was released last April, it the second highest ranking official at these past few days. The anger on dis- concluded that there was no collusion the Department of Justice. Of course play is real. It is raw. And it deserves or obstruction that could be charged as Mr. Rosenstein, during his long and il- to be heard and respected. This is an offense. lustrious career as a former U.S. attor- something we must all learn from, and I had hoped that extensive investiga- ney headquartered in Baltimore, was we mustn’t thwart the rights of those tion conducted by the former FBI Di- closely linked to some of the key play- who are demonstrating peacefully. But rector, Bob Mueller, would close the ers in the decisions made during this the answer is not violence. The answer chapter in this book, but as informa- investigation, and his testimony is a is to insist that justice be served. The tion about how the FBI conducted its critical first step in learning the truth answer is to listen to those who have work has come to light, thanks in large behind this misguided and rogue inves- felt the sting of racism. The answer is part to the outstanding work of the in- tigation.

VerDate Sep 11 2014 00:31 Jun 03, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G02JN6.008 S02JNPT1 dlhill on DSK120RN23PROD with SENATE S2640 CONGRESSIONAL RECORD — SENATE June 2, 2020 On Thursday, the committee will As I talk with people in Wyoming aimed at protecting students as well as vote on subpoena authorizations to ob- and travel the State, I am reminded staff. tain additional documents that are how self-reliant, how resourceful, how Back at home, the University of Wy- critical to our oversight responsibil- independent, and how resilient we are oming in Laramie is advancing a bold ities. as Americans. fall reopen agenda and plan. The uni- As we work to restore America’s Well, the worst of coronavirus does versity has asked the Governor for $79 faith in our justice system, there is now seem to be behind us. People want million in Federal coronavirus relief only one way we can succeed, and that to get back to work. The economy, funds to help support the effort. Some is to find the truth and to follow the forcefully shut down by the govern- of the safety measures being discussed truth, wherever it may lead. That proc- ment, is now showing signs of life. include single dorm rooms, smaller ess will begin in earnest again tomor- Businesses are starting to reopen. As classes, enhanced cleaning, and re- row, and I look forward to working we say in the West, it is time to get quired staff and student coronavirus with my colleagues on the Judiciary back in the saddle. We are going to testing every several weeks. Committee to uncover the facts, to fully reopen our communities, and we share them with the American people, are going to do it smartly, safely, and In a recent statement, the University and to begin to persuade them that we soon. Every Governor needs to speed, of Wyoming president stressed ‘‘the im- take seriously the job of repairing the not impede, the process so people can portance of an on-campus educational damage done by the Crossfire Hurri- return to work. experience.’’ The president of the Uni- cane investigation, conducted outside Just as important, our children need versity of Wyoming, Neil Theobald, has of all of the norms and rules that to get back to school. It is critical. pledged to ‘‘bring our students back to should guide those investigations, on Parents know how important it is for campus safely and protect the health of the eve of a Presidential campaign, on our students and our kids to be back in our community to the highest extent top of the reason that Rod Rosenstein the classroom. The lockdowns have possible.’’ recommended to President Trump that been hard on young people. Our kids Last week, two university presidents James Comey be fired as the FBI Direc- miss their teachers, they miss their in Indiana published op-eds discussing tor because of his mishandling of the friends, and they miss their normal ac- their decisions to reopen this fall. Hillary Clinton email investigation. tivities. Writing in the Washington Post, Pur- I yield the floor. Every child learns differently. Many due University president and former I suggest the absence of a quorum. children are having trouble learning at Indiana Governor Mitch Daniels said The PRESIDING OFFICER. The home, and others are having difficulty that failing to reopen would be ‘‘an un- clerk will call the roll. learning on the screen. Some kids are acceptable breach of duty’’—an unac- The legislative clerk proceeded to basically teaching themselves. ceptable breach of duty. He said Pur- call the roll. What happens if an at-risk child due based its decision on current sci- Mr. BARRASSO. Madam President, I misses an entire year of school? And entific data showing COVID–19, while ask unanimous consent that the order what about the impact on child wel- very dangerous for the old and the for the quorum call be rescinded. fare? The PRESIDING OFFICER. Without I published an op-ed last week enti- sick, ‘‘poses a near zero risk to young objection, it is so ordered. tled ‘‘Coronavirus Collateral Damage.’’ people.’’ To keep the community safe, PROTESTS In it, I noted that pediatricians are Purdue is taking a number of steps, in- Mr. BARRASSO. Madam President, I very concerned that with the shut- cluding making its campus less dense. come to the floor today with the re- downs, a significant number of child Purdue will require one-third of the marks I had prepared while home in abuse cases are going undetected and staff to work remotely. Wyoming last week, but first I need to unreported. The former Governor said that per- comment on the tragedy that is facing Thankfully, schools are figuring out sonal responsibility is key. He goes on our Nation today. safe ways to reopen. The Senate Health to say: ‘‘Upon arrival in August, each Anyone who has seen the video of Education, Labor, and Pensions Com- Boilermaker will receive a kit includ- George Floyd being murdered—mur- mittee is holding a hearing this week ing face masks and a thermometer for dered—has to be heartbroken. The on going back to college safely, and daily temperature taking as well as the peaceful protests that followed—peace- next week we are going to hold a hear- Protect Purdue Pledge.’’ President ful at first—about police abuse against ing called ‘‘Going Back to School Safe- Mitchell Daniels said: ‘‘Forty-five any—any—American are important ly.’’ thousand young people—the biggest and are necessary. These peaceful pro- Most of the K–12 schools and colleges student population we’ve ever had—are tests about George Floyd’s death have hope to reopen this fall. Research tells telling us they want to be here this been hijacked, though, by violent us that young people are better able to fall.’’ criminals. Anyone who sees the video deal with the virus and are less likely Only a week after California’s deci- of the wanton destruction and the to suffer symptoms of the disease. sion to stay closed for the fall and the looting and the rioting and the arson Nevertheless, the California State rest of the year, the University of knows that those who are involved university system has decided to keep Notre Dame made headlines by an- all of its campuses closed for the fall have no respect for the people they are nouncing it will reopen this fall. harming. They dishonor the memory of semester—every one of them. They say George Floyd, and they dishonor the they will not open any of them again Writing in the New York Times last cause for which the demonstrators and until after New Year’s. California’s week, Notre Dame president, Reverend the protesters first took to the streets. university system is the country’s John Jenkins, said: ‘‘Educating young Those who would desecrate the Lin- largest and serves about half a million people—the future leaders of our soci- coln Memorial, the World War II Vet- students. They have campuses through- ety—is worth risking a good deal.’’ erans Memorial, and the church that out the State of California, and they Notre Dame is going to open August every President has worshipped in are taking a one-size-fits-all approach, 10—2 weeks earlier than they had going back to James Madison—those treating every campus as if they are all planned—and to limit the back and the are people who are set on undermining identical. In my view, that decision is forth, the Fighting Irish will forgo our Nation. misguided. their fall break and end the semester CORONAVIRUS To date, nearly two-thirds of U.S. before Thanksgiving. Other safety My goal today is to come to the floor colleges plan to reopen this fall. That measures being considered include to talk about rebuilding our Nation— is according to the Chronicle of Higher masks, social distancing, aggressive rebuilding our Nation as we recover Education, which is researching the testing, temperature checks, contact from coronavirus. universities and talking with them, tracing, and remote options for at-risk Last week at Memorial Day services finding out exactly what is going on students and staff. Father Jenkins in Wyoming, I reflected on America’s from school to school. noted that the school’s decision is heroes and the sacrifices so many have Universities across the country are guided by science but also took cour- made for the rest of us. rolling out responsible reopening plans age and common sense.

VerDate Sep 11 2014 00:31 Jun 03, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G02JN6.010 S02JNPT1 dlhill on DSK120RN23PROD with SENATE June 2, 2020 CONGRESSIONAL RECORD — SENATE S2641 These schools have sought the best The clerk will call the roll. ways our government differs from re- possible medical advice. They are fol- The bill clerk called the roll. gimes that routinely use the military lowing Federal public health guide- Mr. THUNE. The following Senators to intimidate and silence their critics. lines, and they are committed to pro- are necessarily absent: the Senator The Insurrection Act was last invoked tecting the vulnerable. from North Dakota (Mr. CRAMER), the nearly three decades ago, to respond to This is all new territory. There is no Senator from North Dakota (Mr. the Rodney King riots in Los Angeles manual. Every community faces a HOEVEN), and the Senator from South at the request of and by working close- unique set of challenges. Every school Dakota (Mr. ROUNDS). ly with State authorities. must chart its own course. Still, we Further, if present and voting, the Its application is not a threat to be can all agree that during this difficult Senator from North Dakota (Mr. cavalierly bandied about, as if our and challenging time, America’s HOEVEN) would have voted ‘‘yea.’’ Armed Forces are puppets of the Presi- schools must stand with their students, Mr. DURBIN. I announce that the dent to evict peaceful protestors for and not just for the well-being of the Senator from New Mexico (Mr. HEIN- purposes of a staged photo op. I am students but for others as well. Col- RICH), the Senator from Vermont (Mr. deeply disturbed that civilian and mili- leges are critical for the economic LEAHY), the Senator from Massachu- tary leaders joined the President in health of entire communities; hence setts (Mr. MARKEY), the Senator from this misuse of force. the name ‘‘college towns.’’ Universities Vermont (Mr. SANDERS), the Senator Until the President and his senior are major employers, often the best from Hawaii (Mr. SCHATZ), the Senator military advisers make clear that they local source of stable jobs. Many uni- from Michigan (Ms. STABENOW), the understand and accept this, I cannot versity jobs are also on the line this Senator from Montana (Mr. TESTER), vote to confirm further nominees to fall. The college shutdowns have also and the Senator from Rhode Island the Department of Defense. shut down Main Street. For many (Mr. WHITEHOUSE) are necessarily ab- f small businesses, losing graduation sent. The PRESIDING OFFICER (Mr. weekend alone was a crushing blow. RECESS Can mom-and-pop businesses sustain CRUZ). Are there any other Senators in The PRESIDING OFFICER. Under another lost semester? the Chamber desiring to vote? The yeas and nays resulted—yeas 75, the previous order, the Senate stands Taking away people’s educational op- nays 14, as follows: in recess until 2:15 p.m. portunities, social supports, and liveli- Thereupon, the Senate, at 12:23 p.m., hoods has a real, negative impact. [Rollcall Vote No. 104 Ex.] Here is the bottom line: We have YEAS—75 recessed until 2:15 p.m. and reassem- learned that we can protect people Alexander Enzi Murkowski bled when called to order by the Pre- Baldwin Ernst Murphy siding Officer (Mrs. CAPITO). from the virus and we can get back to Barrasso Feinstein Paul normal life. Bennet Fischer Perdue f For the good of the whole society, it Blackburn Gardner Peters is so critically important that we re- Blunt Graham Portman EXECUTIVE CALENDAR—Continued Boozman Grassley Reed open now. It is time for America to get Braun Hassan Risch The PRESIDING OFFICER. The back in the saddle again. Brown Hawley Roberts question is, Will the Senate advise and I yield the floor. Burr Hirono Romney consent to the Mercado nomination? I suggest the absence of a quorum. Capito Hyde-Smith Rosen Cardin Inhofe Rubio Mrs. FISCHER. Madam President, I The PRESIDING OFFICER. The Carper Johnson Sasse ask for the yeas and nays. clerk will call the roll. Casey Jones Scott (FL) The PRESIDING OFFICER. Is there a The legislative clerk proceeded to Cassidy Kaine Scott (SC) sufficient second? call the roll. Collins Kennedy Shaheen Coons King Shelby There appears to be a sufficient sec- Mr. MENENDEZ. Madam President, I Cornyn Lankford Sinema ond. ask unanimous consent that the order Cortez Masto Lee Sullivan The clerk will call the roll. for the quorum call be rescinded. Cotton Loeffler Thune Crapo Manchin Tillis The senior assistant legislative clerk The PRESIDING OFFICER. Without Cruz McConnell Toomey called the roll. objection, it is so ordered. Daines McSally Warner Mr. THUNE. The following Senators CLOTURE MOTION Duckworth Menendez Wicker are necessarily absent: the Senator Durbin Moran Young The PRESIDING OFFICER. Pursuant from North Dakota (Mr. CRAMER), the to rule XXII, the Chair lays before the NAYS—14 Senator from North Dakota (Mr. Senate the pending cloture motion, Blumenthal Klobuchar Udall HOEVEN), and the Senator from South which the clerk will state. Booker Merkley Van Hollen Cantwell Murray Dakota (Mr. ROUNDS). The bill clerk read as follows: Warren Gillibrand Schumer Wyden Further, if present and voting, the CLOTURE MOTION Harris Smith Senator from North Dakota (Mr. We, the undersigned Senators, in accord- NOT VOTING—11 HOEVEN) would have voted ‘‘yea.’’ ance with the provisions of rule XXII of the Cramer Markey Stabenow Mr. DURBIN. I announce that the Standing Rules of the Senate, do hereby Heinrich Rounds Tester Senator from New Mexico (Mr. HEIN- move to bring to a close debate on the nomi- Hoeven Sanders Whitehouse RICH), the Senator from Massachusetts nation of Victor G. Mercado, of California, to Leahy Schatz (Mr. MARKEY), the Senator from be an Assistant Secretary of Defense. The PRESIDING OFFICER. On this Vermont (Mr. SANDERS), the Senator Mitch McConnell, David Perdue, Jerry vote, the yeas are 75, the nays are 14. Moran, Rob Portman, Michael B. Enzi, from Hawaii (Mr. SCHATZ), the Senator Deb Fischer, Kevin Cramer, John The motion was agreed to. from Michigan (Ms. STABENOW), the Thune, John Boozman, Shelley Moore DEFENSE NOMINATIONS Senator from Montana (Mr. TESTER), Capito, Marco Rubio, Todd Young, Mr. LEAHY. Mr. President, the and the Senator from Rhode Island John Barrasso, James Lankford, Tim President’s threat of using military (Mr. WHITEHOUSE) are necessarily ab- Scott, James E. Risch, Cindy Hyde- force against protestors is a grossly in- sent. Smith. appropriate, unnecessary, and dan- The PRESIDING OFFICER (Mrs. The PRESIDING OFFICER. By unan- gerous escalation at a time when BLACKBURN). Are there any other Sen- imous consent, the mandatory quorum Americans are looking for constructive ators in the Chamber desiring to vote? call has been waived. and enlightened leadership. America’s The result was announced—yeas 75, The question is, Is it the sense of the power and strength derives, above all, nays 15, as follows: Senate that debate on the nomination not from our military might, but from [Rollcall Vote No. 105 Ex.] of Victor G. Mercado, of California, to the values that are at the very founda- YEAS—75 be an Assistant Secretary of Defense, tion of this country, rooted in the First shall be brought to a close? Alexander Blackburn Brown Amendment of the Constitution. Baldwin Blunt Burr The yeas and nays are mandatory Our country has a long tradition of Barrasso Boozman Capito under the rule. civilian policing. It is one of the many Bennet Braun Cardin

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