E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, SECOND SESSION

Vol. 164 WASHINGTON, WEDNESDAY, JULY 18, 2018 No. 121 Senate The Senate met at 10 a.m. and was ceed to executive session to resume Lisa Blatt is a skilled litigator who called to order by the President pro consideration of the following nomina- argues frequently before the Supreme tempore (Mr. HATCH). tion, which the clerk will report. Court. She is also a Democrat. She f The senior assistant legislative clerk wrote the committee too. Her letter de- read the nomination of Andrew S. scribes Mr. Oldham as ‘‘a great lis- PRAYER Oldham, of Texas, to be United States tener’’ with ‘‘a brilliant legal mind, The Chaplain, Dr. Barry C. Black, of- Circuit Judge for the Fifth Circuit. [and] a wonderful sense of humor and fered the following prayer: The PRESIDING OFFICER. Under collegiality.’’ Let us pray. the previous order, the time until 2 Her conclusion? He would ‘‘make a Eternal God, who has been the hope p.m. will be equally divided in the superb judge.’’ and joy of many generations, thank usual form. What about Mr. Oldham’s own words? You for giving us the power to seek RECOGNITION OF THE MAJORITY LEADER If confirmed, he explained to our col- You. We praise You for Your promise The majority leader is recognized. leagues during his hearing, he will ‘‘up- that those who keep on seeking will Mr. MCCONNELL. Mr. President, this hold the rights of all litigants—big or find what they seek. Inspire our law- week the Senate continues to confirm little—equally, and apply the law to all makers to seek Your wisdom in order impressive nominees whom President fairly.’’ to be guided by Your loving providence. Trump has asked to serve our country. He understands his responsibility, Lord, give them a clearer vision of We have confirmed two Assistant Sec- clearly. I look forward to confirming Your truth, a great faith in Your retaries to the Department of Edu- this nominee, and I urge each of our might, and a deeper assurance of Your cation, Scott Stump and James Blew. colleagues to join me. We have confirmed a member of the love. Teach them to labor and not to ECONOMIC GROWTH Board of Governors of the Federal Re- ask for any reward except that of Mr. President, on another matter, it serve, Randal Quarles. Now we will knowing they are doing Your will. has been a year and a half since Repub- turn to the judiciary and consider We pray in Your loving Name. Amen. lican majorities took their seats in nominees to the Fifth Circuit and f Ninth Circuit Court of Appeals. Congress and a Republican President PLEDGE OF ALLEGIANCE First is Andrew Oldham of Texas, the was sworn in. In 2016, the American President’s choice for the Fifth Circuit. people made it clear it was time to try The President pro tempore led the something new. They were tired of a Pledge of Allegiance, as follows: Mr. Oldham has impressed the legal community in his years of public serv- so-called recovery that focused over- I pledge allegiance to the Flag of the ice, most recently as general counsel to whelmingly on big, wealthy metropoli- United States of America, and to the Repub- the Governor of Texas. tan areas. They had seen enough of tax lic for which it stands, one nation under God, hikes and top-down regulations that indivisible, with liberty and justice for all. Mr. Oldham has degrees from the University of Virginia, Cambridge, and held their communities back. They f Harvard Law. He clerked on both the turned to Republicans to deliver a pro- RESERVATION OF LEADER TIME DC Circuit Court and the Supreme growth, pro-opportunity agenda to cre- ate better conditions for working fami- The PRESIDING OFFICER (Mr. COT- Court. He carries the highest possible lies, job creators, and entrepreneurs to TON). Under the previous order, the rating from the American Bar Associa- leadership time is reserved. tion, ‘‘unanimously well-qualified.’’ rise together. He comes highly recommended by Eighteen months later, the results f peers and colleagues from across the could not be clearer. Today, more peo- CONCLUSION OF MORNING political spectrum. Judith Zaffirini is a ple say it is a good time to find a job BUSINESS Texas State senator. She is a Demo- than at almost any point since the turn The PRESIDING OFFICER. Morning crat. She wrote the Judiciary Com- of the millennium. U.S. manufacturers business is closed. mittee to support Mr. Oldham’s nomi- are more confident than ever about the nation ‘‘confidently, enthusiastically, future of their businesses. f and without reservation.’’ She and the Here is a story from yesterday’s Fi- EXECUTIVE SESSION nominee have worked together on a nancial Times: ‘‘US retail sales rise for number of important subjects. Through fifth straight month in June.’’ This is a them all, she explains, ‘‘Mr. Oldham re- good sign for Americans all across the EXECUTIVE CALENDAR flected the ideal qualities of a judge board. It shows our economy is The PRESIDING OFFICER. Under . . . open-minded, fair . . . thoughtful healthy. It shows that families feel the previous order, the Senate will pro- and analytical.’’ they have enough breathing room to

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S5027

.

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JY6.000 S18JYPT1 S5028 CONGRESSIONAL RECORD — SENATE July 18, 2018 make purchases, which of course then walk that back? He did not address his national security team—those who benefit the companies and workers who brazen attacks on the FBI while on for- were in Helsinki and those who would produce what they are buying. Of eign soil. Is he going to walk that have knowledge of what happened in course, it is especially good for the 42 back? Helsinki. million Americans whose jobs are sup- Now, late last night and this morn- We need to have immediate public ported by the retail industry. ing, the President is back to cele- testimony from Secretary Pompeo, According to industry data, more brating his meeting with Putin. He is from DNI Director Coats, and from than 6 in 10 Americans work in retail walking back the walk back. That is Ambassador Huntsman. at some point in their career, so this what he did this morning. This is like Above all, we need the translator continued prosperity is really signifi- Charlottesville redux. We all know who was present at the one-on-one cant. There is little question that tax what the President really thought. We meeting with President Putin to tes- reform is to thank for a significant know what he thought at Charlottes- tify openly before Congress. That is not portion of this progress. ville. The walk back was unconvincing, usually done, but there are almost al- For one thing, our middle-class tax and he went back to his old ways. We ways other people in the room, so you cuts are directly boosting families’ dis- know what he thought at Helsinki. The don’t need the translator. But for some cretionary income. As the Wall Street walk back was unconvincing. And now, reason—a reason that Americans and Journal reported this week, ‘‘many with his tweets this morning, he is the world are wondering about—Presi- households are experiencing less with- back to his old ways. dent Trump wanted no one else in the holding from their paychecks thanks The only reason there was a walk room. Having the translator come tes- to the tax overhaul.’’ back is that the President was forced tify and tell us what happened there is Analysts also point to the business by pressure from many of my Repub- an imperative. It is so important. It is side of tax reform, which is letting lican friends here, from his allies in the rare for translators to come before more U.S. employers expand and hire. media, and his own White House staff. Congress, but in this case, it is war- That means more jobs for American They all pressured him to give that ranted—A, because no one else was in workers, which means more income for temporary walk back. But it is clear the room, by the President’s direction, American families, which means more from today’s tweets that he doesn’t and B, because what happened there money in the cash registers of Amer- mean it, that he doesn’t believe it, and, might have been so important, given ican small businesses. The virtuous frankly, neither does anybody else. It what happened in public a few short cycle goes on. is clear that he still believes President hours afterward. The translator works The American people and most fair Putin over the consensus of the Amer- for the Federal Government, works for observers are marveling at what our ican intelligence community, and that the taxpayers, and may be the only economy is delivering to workers and puts Americans’ security gravely at person who can accurately report what middle-class families, but I am starting risk. President Trump said to President to think our Democratic colleagues The President’s reluctant, ham-hand- Putin behind closed doors, what con- may have forgotten what a successful ed, half-hearted ‘‘clarification’’ yester- cessions were made to Vladimir Putin. economic agenda looks like because day—almost entirely reversed this We want to know. Did the President even in the face of headline after head- morning—is woefully inadequate. His make concessions that hurt our na- line and testimony after testimony behavior in Helsinki continues to de- tional security? What did he agree to? from job creators we represent, they mand a response from Congress, and Congress has a duty to conduct re- try to brush off this impressive growth there are many things we can do. But sponsible oversight of the executive as nothing serious, and they advocate later this morning, if anything is true branch, particularly after what the for repealing or undoing the Repub- to form, the President will hold a Cabi- President did in Helsinki. The Presi- lican policies that are helping to make net meeting, and his advisers will dent’s summit calls for oversight. Hav- it happen. shower him with thanks and praise— ing these people—particularly the Fortunately, Republicans know full this is what he craves—and will pro- translator—come testify is important. well how to cut taxes, trim back regu- vide, perhaps, another version of what I understand Secretary Pompeo will lations, and get Washington out of the happened in Helsinki. appear before the Foreign Relations American people’s way. It is just what Given what happened in Helsinki and Committee next week, which is good, we have done. It is just what we will given that the President’s walk back but we need to hear from others, in- continue to do. was so weak, there are several things cluding the translator. I urge Leader RECOGNITION OF THE MINORITY LEADER we as a Congress can and should do. MCCONNELL and his leadership team to The PRESIDING OFFICER. The Talking the talk is not enough. Walk- immediately request a hearing of the Democratic leader is recognized. ing the walk is what is so important people I mentioned. TRUMP-PUTIN SUMMIT here. We need to act, not simply say Second, the Republican leadership Mr. SCHUMER. Mr. President, yes- ‘‘tsk, tsk; bad President’’ and then go should soon place on the floor—ASAP— terday, President Trump went through back to business as usual, because the bipartisan legislation, led by Senators a walk back. President Trump’s walk American polity, the American secu- BOOKER, GRAHAM, COONS, and TILLIS, to back performance was pathetic. It was rity, and the view of America in the protect the special counsel from polit- weak, insincere, and thoroughly uncon- eyes of the world have taken a severe ical interference. This legislation vincing. The President read a scripted setback. It is up to us in the Congress passed out of the Judiciary Committee clarification yesterday like he was in a to try to undo that. with bipartisan support. It has four hostage situation. All you had to do I mentioned a whole host of actions sponsors—two Democrats, two Repub- was look at his face. He couldn’t even this body can take to counter Russia’s licans. If Leader MCCONNELL is serious fully commit to it, adding off-the-cuff malign activity, punish Putin for inter- about the checks and balances and if that other people could also be respon- fering in our elections, prevent him what he said in the last day or two sible for election interference in 2016. from doing it again, and ensure that were not just meaningless words, he That is hardly a walk back, and it was the President is doing what is nec- will put this legislation on the floor. It concerning only one particular com- essary to stand up for American inter- will pass. ment. The President did not address ests. The Senate is not powerless to Alongside demanding testimony from his lavish praise for Vladimir Putin in take action in the wake of President the President’s national security team, Helsinki. Is he going to walk that Trump’s indefensible performance at passing legislation to protect the spe- back? He blamed both countries—the his summit with Vladimir Putin. Let cial counsel is probably the most im- United States and Russia—for the sour me reiterate and suggest some things portant thing this body could do to en- relations between us. Is he going to we should do, and I believe we should sure that President Trump’s reckless- walk that back? He said U.S. stupidity do all of these. ness does not precipitate a constitu- and foolishness, not Russian aggres- First, our Republican colleagues need tional crisis. sion, was the reason our relationship to join us in demanding immediate Third, we should ratchet up sanc- with Russia was so bad. Is he going to public testimony from the President’s tions on Putin and his cronies, not

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.001 S18JYPT1 July 18, 2018 CONGRESSIONAL RECORD — SENATE S5029 water them down. The sanctions this of them other than out of fear of of- stitutional. Clearly, Judge body passed by an overwhelming bipar- fending the President. Times like these Kavanaugh’s judicial philosophy incor- tisan margin of 98 to 2—and I salute call for us to do more. We have already porates an almost monarchical view of Leader MCCONNELL; he helped to bring heard some of our Republican col- Executive power and accountability, it to the floor even though the Presi- leagues say ‘‘let’s move on’’ after what animated by a belief that our Chief Ex- dent didn’t like it—have not yet been the President said yesterday—as I men- ecutive gets to play by a different set fully implemented by the Trump ad- tioned, his so-called walk back was not of rules. ministration. On our side, Senators a walk back at all—and that if we Judge Kavanaugh, particularly after MENENDEZ and VAN HOLLEN have some cared about our Nation’s security, we this interview, needs to recuse himself very good ideas about sanctions, and would move forward. from anything having to do with the we should act on them. The final thing I would say to my Re- Mueller probe given his record and the Fourth, our Republican colleagues publican colleagues is this: This is a fact that he was nominated by the sub- can and should insist that the Presi- moment that will be remembered in ject of the investigation he could very dent finally release his tax returns. We American history. It is not going away. well end up ruling on. all know that the President broke dec- This is a moment that will be remem- Once again, I thank my colleagues. ades of practice when he didn’t release bered next week, next month, in No- I yield the floor. those returns—so damaging because his vember of 2018, in November of 2020, The PRESIDING OFFICER. The Sen- economic interests outside of the gov- and way beyond. The Helsinki summit ator from Alabama. ernment are so large, complicated, and is now an unalterable fact in American TARIFFS varied and so important because he history—a moment when, unfortu- Mr. JONES. Mr. President, I rise to deals with international finance in nately, an American President humili- discuss an issue that is of great impor- these situations. ated his own country and himself be- tance to my constituents in Alabama There was no good reason not to re- fore a foreign dictator. It was a terrible and to many other people across the lease his tax returns then. Yet Presi- sign of weakness by this President, and country. At issue is the health of our dent Trump’s inexplicable behavior in it, unfortunately, weakens the office he automotive industry. Helsinki has many Americans asking: holds. Unfortunately, the health of my What does Putin have over him that he Yet it can be remembered as a mo- State’s automobile industry is being is behaving in a way that is, basically, ment when a bipartisan majority in threatened not by unfair competition inexplicable by any rational, logical Congress—Democrats and Republicans or illegal practices but by significant line of thinking? That is why his tax in their dropping all trappings of tariffs proposed by the President. Ac- returns will be so important. We should party—links arms and stands up for cording to the U.S. Chamber of Com- pass legislation that requires the Presi- our country after our President has re- merce, more than a half a million Ala- dent to release his tax returns. It was fused to do so. Let’s hope it is. Let’s bama jobs are supported by global important before, but it is much more hope it is. trade, meaning more than one in every important now, after Helsinki. NOMINATION OF BRETT KAVANAUGH four Alabama jobs is tied to trade. Fifth, the Republicans should de- Mr. President, I know my colleagues One of the key reasons Alabama has mand with us that the President insist are waiting, and I appreciate their in- such a robust trade posture is due to the 12 Russians who have been indicted dulgence as I have one final point on our automotive manufacturing indus- for our election interference and infor- the Supreme Court and Brett try. I am old enough to remember what mation warfare be handed over. Putin Kavanaugh. it was like before auto companies came may not do it, but at least we ought to I just read in a very recent interview to Alabama in the 1990s, starting with show how serious we are as a country. that Judge Kavanaugh was asked, if Mercedes. At the time that Mercedes The President ought to show how granted the opportunity, whether he came, many of Alabama’s manufac- alarmed he is that this happened, and would overturn precedent in any one turing facilities were closing down and the best way to do that is for our Re- case. Judge Kavanaugh initially de- moving to other countries. Yet, one by publican colleagues to join with us. clined to answer. He then paused and one—from Mercedes, to Honda, to They will have more influence than we said, on second thought, he would over- Hyundai, and now to Toyota and will have in asking him to do so. turn the precedent in Morrison v. Mazda, which are breaking ground on a Finally, we should have bipartisan Olson. That is the case that upheld the new plant very soon—these auto- legislation on election security. To- constitutionality of the independent makers came to Alabama and breathed gether, in a bipartisan way, with the counsel law. I will make two brief new life into our State’s economy. help of my friend from Tennessee—a points on the subject. They support, today, some 57,000 Ala- senior member of Appropriations—in First, Judge Kavanaugh’s response bama jobs, and our auto exports topped the last omnibus bill, we passed $380 demonstrates he is willing to answer $11 billion in 2017. That doesn’t even in- million for election security. As I un- direct questions about precedent— clude the new Toyota-Mazda plant in derstand it, that money is now being which precedents he agrees with and Huntsville, which is going to add an- sent out to help the States, but we which precedents he would overturn. I other 4,000 jobs and $1.6 billion in eco- have to do more. There is bipartisan hope, during the hearings, we will not nomic development. legislation. Senators KLOBUCHAR and suffer the tried-and-true verbal gym- After having no automobile industry LANKFORD and Senators VAN HOLLEN nastics of nominees who have refused 30 years ago, Alabama has become the and RUBIO have good legislation that to answer questions on existing prece- third largest exporter of automobiles could help beef up our election secu- dent. Judge Kavanaugh had no qualms in this country. In only the past 15 rity. We ought to move on it. about that in that interview. months, every major automobile manu- Our country—our cyber networks and Second and more immediately, con- facturer in Alabama has announced an our election systems—is under con- sidering everything we know about expansion to total 5,400 jobs and $3.3 stant attack from adversaries like the Judge Kavanaugh’s expansive view of billion in investments. This industry Russians. There is bipartisan consensus Executive power and accountability, has been a phenomenal success in Ala- that we must harden our election infra- the fact that Morrison v. Olson—of all bama and, more importantly, for the structure. This has led to the legisla- of the cases in the history of the Su- men and women who rely on these very tion I mentioned by KLOBUCHAR, preme Court—is the first case he would good-paying jobs to support their fami- LANKFORD, VAN HOLLEN, and RUBIO. think of overturning is deeply, deeply lies and to build better lives. There is other legislation by Senators troubling. That is why it is a priority for me HARRIS and WYDEN. I urge the Repub- We already know he believes a Presi- and colleagues like my friend, Senator lican leader to let us move on one or dent shouldn’t be investigated while in ALEXANDER from Tennessee, to keep more of these bills. office, that a President can’t be in- our States’ automotive industry thriv- We should do all of these things, not dicted while in office, that a President ing. Yet, recently, this industry has just one or two—all of them. I can’t doesn’t have to follow laws that the come under attack. In May, President think of a logical reason not to do any President ‘‘deems’’—his word—uncon- Trump threatened a 25-percent tariff

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.003 S18JYPT1 S5030 CONGRESSIONAL RECORD — SENATE July 18, 2018 on imported cars, trucks, and auto only silver bullet in this case is for the workforce—work in those auto plants. parts under the pretext that these President to change his mind and rec- Those auto jobs have become the main products somehow threaten our na- ognize how many jobs are at risk be- driver of family incomes, which have tional security. cause of these proposed tariffs. Until now risen to a little above the national Let me be clear. While the United that happens, we are going to fight to average. Our economy is booming, and States faces any number of threats protect what our States and our work- unemployment is at a record low. from adversaries on any number of ers have earned. Today, Tennessee produces 6.7 per- fronts, foreign automobiles and auto I want to thank my colleague Sen- cent of all of the cars and trucks pro- parts are not threats to our national ator ALEXANDER, who is here today, for duced in the United States. Tennessee security. Do you know what is a his continued partnership in this ef- exported more than $5.5 billion worth threat? It is a 25-percent tax on the fort. I look forward to working with of automobiles and auto parts last prices of these imported goods. The more of our colleagues to stop the ur- year. Tennessee has been the top State President’s proposed auto tariffs have gent threat to American jobs. in auto manufacturing strength for 5 the potential to inflict serious damage Thank you. out of the last 8 years, according to on a booming industry in my State and I yield the floor. Business Facilities. in other leading auto-producing States, The PRESIDING OFFICER. The Sen- Let me get back to my little story. like Tennessee. We might call it a tar- ator from Tennessee. Last year, one of those bright twins iff, but we all know exactly what it is— Mr. ALEXANDER. Mr. President, I from Rutherford County—the Knight a tax. want to thank the Senator from Ala- family—where I spent the night 40 By definition, a tariff is a tax on a bama for his remarks. years ago, Randy Knight, retired as the particular class of imports or exports. I come to the floor to discuss bipar- general manager of the Nissan plant, Any tariffs placed on products that tisan legislation that he and I, as he which is the largest and most efficient come into the United States are taxes said, plan to introduce as soon as next auto plant in North America. His that increase the cost of those goods to week to encourage the Trump adminis- brother works there, too, and so does American consumers. When other tration to reconsider the dangerous one of those grandchildren whom the countries place additional tariffs, or steps it is taking to impose tariffs on grandmother thought she would never new taxes, on American goods, it raises imported automobiles and automotive see. the purchase prices of American prod- parts. You can see why Tennesseans become ucts overseas and hurts our ability to I use the word ‘‘dangerous’’ because very worried when anything threatens sustain competitive markets in those nothing has done more during the last the auto industry that has transformed countries. So it is deeply troubling 40 years to raise family incomes in our State. Here is why the proposed that the recent proposal from the Tennessee than the arrival of the auto tariffs do that. President will threaten tens of thou- industry, and nothing could do more As the Senator from Alabama said, sands of jobs in Alabama and increase damage to those family incomes than tariffs are taxes. Tariffs are taxes on costs for American consumers. the proposed tariffs on imported auto- us, pure and simple. They make what Shortly after this tariff threat was mobiles and automotive parts, com- we buy and sell more expensive. The issued, Senator ALEXANDER joined me bined with the tariffs on imported steel laws of economics usually say that in writing to Commerce Secretary Wil- and aluminum that the administration when you make what you buy and sell bur Ross, and we urged him to recon- has already imposed. more expensive, you buy and sell less sider the auto tariff tax proposal. Be- We have heard the Senator from Ala- of it. If we sell fewer automobiles and tween our two States, the automotive bama talk about his State. In my view, automotive parts, there will be lower sector contributes more than 200,000 Tennessee is more likely to be hurt revenues, lower profits, fewer wage in- jobs to our economies. Numbers of than any other State by these tariffs. creases, and fewer jobs. autoworkers from our States are in Let me tell a short story to explain Since almost every one of the 900 town this week to tell their stories, why I would make such a dramatic auto part suppliers use steel and alu- firsthand, to the Commerce Depart- statement. minum, lower revenues and smaller ment, and I commend them for their ef- Forty years ago, I walked 1,000 miles profits mean fewer wage increases and forts in doing so. across Tennessee in my campaign for fewer jobs for the 136,000 Tennesseans Senator ALEXANDER and I understand Governor. In Rutherford County, out- who work in the more than 900 auto the devastating blow these tariffs will side Nashville, I spent the night with plants in our State. More expensive represent to an industry that has lit- the Knight family. Mrs. Knight told me cars means fewer people in the United erally rebuilt our respective States’ that her twin boys were bright but that States buy those cars and fewer people economies from the ground up. Auto- she was sad because, as she put it, overseas buy those cars—the cars we makers and their suppliers can be there are no jobs around here. She said: make. Fewer people buying cars and found in every corner and in nearly They are smart boys, and they will trucks means that 136,000 Tennesseans every county of each of our States. We never get a job here, and I will never in America’s No. 1 auto State are going have found common cause in fighting see my grandchildren. to have a lower standard of living than these tariffs and protecting our con- Forty years ago, there were no auto they otherwise would and lower family stituents from the devastating impacts jobs in Tennessee. We were the third incomes. they will have. poorest State. Our family incomes were Why in the world would our govern- There are already a few legislative the third lowest. Our low-paying tex- ment raise our taxes and destroy our solutions out there, including Senator tile jobs were fleeing outside of our jobs in this way? Well, the govern- CORKER’s solution regarding tariffs. I country. Unemployment and inflation ment’s answer is that tariffs protect know Senator PORTMAN is also doing a were high, and prospects were bleak. jobs in the steel and aluminum indus- lot of good work in this space. Senator Then in 1980—just 2 years after that try. ALEXANDER and I are working together walk, when I was the Governor of Ten- It is true that some steel and alu- to propose a solution of our own as a nessee—Nissan from Japan arrived and minum jobs might be saved, but in 2003, complementary measure to halt these came to Rutherford. Then General Mo- when President George W. Bush pro- tariffs. We hope to introduce that pro- tors, with Saturn, came to Spring Hill. posed steel tariffs, there were about 10 posal as early as next week after con- Then Volkswagen came to Chat- times as many people working in the sulting with our automotive manufac- tanooga. All had large manufacturing steel-using industries as there were in turers and working with our colleagues plants. steel-producing industries. Let me say to grow bipartisan support for this leg- As the American automobile indus- that again. There were more people islation. try moved to the Southeastern United working in the steel-using industry I realize that folks who have been af- States, more than 900 auto part sup- than there were in the steel-producing fected by these proposed tariffs are pliers spread across 88 of Tennessee’s 95 industry. looking for a silver bullet to stop them counties. Today, 136,000 Tennesseans— President Bush dropped the idea after dead in their tracks. Right now, the or one-third of our manufacturing a year because the tariffs destroyed, as

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.004 S18JYPT1 July 18, 2018 CONGRESSIONAL RECORD — SENATE S5031 I said, more jobs in other industries, the President is widely admired and Hundreds of millions of tax dollars including the automotive industry, States that he carried heavily in his were used for this facility. It did run than they saved in the steel-producing election effort. over budget. It certainly ran over time. industry. Those plants moved primarily to the But we have learned a lot as a result of I know something about the alu- Southeast because our part of the this facility, and the Army Corps of minum industry. My dad worked most country offered right-to-work laws and Engineers will now be taking over of his life at Alcoa’s Tennessee alu- an environment that allowed compa- major construction projects like this. minum smelting plant, which closed a nies to make quality cars at a lower As a result of this facility, we have few years ago because electricity was cost and sell them competitively here made changes on how designs are being so much cheaper in other parts of the in the United States and around the made. It was a learning experience and world. You use electricity—lots of it— world. In fact, my own view is that the unfortunately a costly one at that, but to smelt aluminum. That is why those movement of the American auto indus- it doesn’t change the fact that this will plants came to East Tennessee more try to the Southeast saved the Amer- be a crown jewel in the VA system. than a century ago. But electric prices ican auto industry because where it This is not the end of a project, it is in the United States gradually rose was 25, 30, or 40 years ago was stuck in the beginning of a promise to be ful- over that century, and are still cheaper the Midwest in an oligopoly where the filled—a promise to our veterans on the in other parts of the world. So today United Automobile Workers and three care they will receive, a place where there are only eight smelting plants big companies were producing big, ex- they will find healing, where they will left in the United States. Seven of pensive cars, and the little foreign cars find support, and where they will find a them are still in operation. Alcoa oper- were coming in and eating their lunch return to good health. ates four and makes 46 percent—nearly in the marketplace. So now we have To our men and women in uniform half—of all of the aluminum produced strong and effective American auto who currently serve, know that you in the United States. Alcoa opposes the plants in the Midwestern United States have a place in Colorado where you will aluminum tariffs because it also oper- and in the Southeastern United States, find incredible care. ates smelting plants in Canada and and half of them are made by so-called To those who have served our coun- other countries that export aluminum foreign manufacturers. try, who live in Colorado, know that to the United States. I agree with President Trump on with great pride, we open this facility The bottom line is this: The largest many things—taxes, judges, regula- this weekend. U.S. producer of aluminum, Alcoa, tions, the economy, Keystone Pipeline, But we have more work to do. We doesn’t want the aluminum tariffs. The and others. He has helped create to- have work to do to make sure that it is thousands of auto plants and other day’s booming economy and low unem- easier to hire doctors and fill the posi- plants that use aluminum don’t want ployment. I give him credit for helping tions at the hospital that have re- the aluminum tariffs. So who is asking to do that, but these tariffs take us in mained open for months around the VA for the aluminum tariffs? exactly the opposite direction. system. It takes too long to onboard A second reason justifying tariffs is These tariffs are dangerous. These medical professionals. We should cut that other countries may have been un- tariffs are going to cost us jobs. These down that time, figure out how to cut fair to the United States. There may be tariffs are going to lower our family in- through the redtape and the comes. These tariffs are going to undo examples of that, but when did it be- bureaucracy. If you are qualified to much of the good the President and come a good idea to solve your own practice medicine at Swedish Hospital this Congress have done during the last problem by shooting yourself in both in Denver, or any of our other great fa- year and a half to create this booming feet at once? It is hard to see how rais- cilities, why can’t you just go to work economy. at the VA hospital as well? So these ing our taxes and destroying our jobs is I respectfully suggest that the Presi- are things that we can do to do a better a smart solution to unfair trade prac- dent reconsider his trade policy, drop job. tices. the tariffs as a tool for implementing Then there is the question of whether On Monday, I met with the Secretary his objectives, and find other, more ef- nominee, Robert Wilkie, President tariffs help autoworkers. Raising taxes fective means to persuade other coun- Trump’s nominee to be the new VA and prices and selling fewer cars tries to do for us what we do for them. wouldn’t seem to help the American I thank the Presiding Officer. Secretary, and I talked to him about autoworker. I yield the floor. the work we have to continue to do to Will it cause foreign companies to The PRESIDING OFFICER. The Sen- make sure that veterans receive the build more cars in the United States? ator from Colorado. best care possible. This Congress has Well, that is already happening. OPENING OF THE ROCKY MOUNTAIN REGIONAL VA passed legislation, such as the Choice The foreign manufacturers have been MEDICAL CENTER Act. We have made great reforms over doing exactly what we asked them to Mr. GARDNER. Mr. President, this the last several months to reduce wait do. They have moved here. They weekend, Colorado will be celebrating times and wait lists and to eliminate produce cars and trucks here. They ex- the opening of our new Rocky Moun- them and make sure that we can pro- port many of those cars and trucks and tain Regional VA Medical Center in vide that promise of care. auto parts to other countries. Today, Aurora. I am incredibly proud that we This weekend in Colorado there will about half the cars being built in will be reaching this milestone this be a great celebration as we open this America are being built by the so- weekend after more than a decade of facility. So many people put in tireless called foreign manufacturers. Nissan’s work and some significant hurdles, years upon years of work, from the plant in Rutherford County employs trials, and tribulations along the way. leadership of the State to the leader- 8,000 Tennesseans and is the largest and I commend my colleagues for the work ship of Congress. I am grateful that most efficient auto plant in North they did funding this project. this weekend we celebrate as we open a America. The Rocky Mountain Regional VA facility that begins to fulfill the prom- I was with President Trump last year Medical Center will be the crown jewel ise made a decade ago for veterans in when he spoke in Michigan about all of the VA system. It wasn’t easy to get the region. the autoworker jobs leaving the Mid- here. A lot of people had to do a lot of I yield the floor. west. Since 1994, 3.6 million of those work to make it happen, including the Mrs. MURRAY. Mr. President, I ask jobs have left the Midwest, but they veterans, the leadership organizations unanimous consent to speak as in didn’t go overseas; they moved to Ten- in Colorado, our colleagues across the morning business. nessee and Alabama and other parts of aisle, Congressman COFFMAN, Congress- The PRESIDING OFFICER (Mr. SUL- the Southeastern United States, which man PERLMUTTER, Senator BENNET—in LIVAN). Without objection, it is so or- gained 3.6 million auto jobs during the fact, the entire congressional delega- dered. same period. Those new auto plants are tion for a number of years—Senator NOMINATION OF BRETT KAVANAUGH in Tennessee, Alabama, Georgia, Mis- Salazar, Senator Udall, Senator Allard. Mrs. MURRAY. Mr. President, I come sissippi, South Carolina, Kentucky, They have all done incredible work to to the floor today to join my col- and Texas. Those are all States where make this weekend a possibility. leagues in making it clear just how

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.006 S18JYPT1 S5032 CONGRESSIONAL RECORD — SENATE July 18, 2018 high the stakes are when it comes to nities, students, and workers and for that will come before the Supreme our Nation’s highest courts—for our our environment, our elections, our Court in the coming years—whether it families, for our communities, for our country, and more. is questions regarding equality under country, and for our future. But before I get into some other the adoption laws for all couples or the Since the day he took office, Presi- issues—and, again, just a few of rights of a couple to buy a wedding dent Trump has made one move after many—I want to start with two that I cake, whether transgender troops can another to turn the White House and believe are most important and that serve their country, whether someone the entire executive branch into a tool every woman, every man, and every can continue being fired simply for for those who have the most power, the family should be thinking very hard being LGBTQ, and more. So there is a most money, and the most influence to about: protections for patients with whole lot at stake. Anyone who cares get even more power, more money, and preexisting conditions and Roe v. about this issue or anyone who simply more influence. From our public Wade. believes that everyone in this country schools to our public lands and more, it First, President Trump has broken should have fundamental rights and is hard to find any Trump administra- promise after promise he made to freedoms—no matter who they are or tion decision where the bottom line workers and families on the campaign who they love—should join us in reject- didn’t come first. trail, but he has never once wavered in ing Judge Kavanaugh. But it is not just his administration. keeping promises he made to extreme, That is not all. We have known from President Trump has systematically ideological, rightwing special interests. day one that President Trump would be worked to roll back decades of progress President Trump said he would make hostile toward our bedrock environ- through our courtrooms, from the Su- taking away patient protections—like mental laws, that he was eager to do preme Court on down, which will have those for preexisting conditions—and the bidding of the coal, oil, and gas in- long-lasting impacts stretching far be- gutting policies that have made dustries, that his slogan of putting yond his time in the White House. healthcare more affordable for millions America first actually meant that the I know some of my colleagues were a top priority. He failed to jam a bill United States would be dead last in the here last night to talk about the abso- through Congress here to make those fight against climate change, and that lutely egregious circuit court nominees things happen. So he has done every- Trump’s economic agenda has more to who would do everything they can to thing he can to attack patients’ do with rolling back rules that help to whittle away at our rights and free- healthcare from the Oval Office. keep our kids safe from toxic pollut- doms as Americans. I want to talk His biggest attack yet is Judge ants, protecting our drinking water, or about that for a bit as well, but I want Kavanaugh—an extremely conservative preventing health problems in senior to take some time first to talk about a nominee vetted by those same right- citizens—the ones those special inter- nominee who would sit above those cir- wing special interests who President est groups try to call pesky regulations cuit court nominees in our Nation’s Trump is so determined to keep happy, and what the rest of us moms, grand- Supreme Court and who, if confirmed, a judge who those special interests mothers, and ordinary people call com- would overturn Roe v. Wade, eliminate picked because they know he will help monsense protections. protections for patients with pre- them undermine affordable healthcare But it is apparently not enough just existing conditions, reverse settled law from the Supreme Court Bench. to attack our environment for the ad- and precedent, and give these extreme I believed President Trump when he ministration. If you really want to circuit court nominees even more room said he was determined to undermine shape our Nation’s environmental laws to do damage to our Constitution, our patients’ healthcare in order to satisfy for generations to come, you put some- laws, our freedoms, and our way of life. rightwing special interests. Healthcare one on the Supreme Court for life who It is telling that President Trump coverage, especially for people with will consistently side with the massive and his Republican and special-interest preexisting conditions, is on the line corporations and special interests that allies are desperately trying to make with this nomination, and we cannot put profits ahead of the health and the case that Judge Kavanaugh isn’t afford not to take this threat seriously. well-being of families, and, boy, did well outside the mainstream, far out- That is not the only healthcare issue those CEOs and special interests hit side the bounds of reasonable, and under threat. President Trump said he the jackpot with President Trump’s deeply opposed to what people across would appoint Supreme Court Justices nominee. the country want when it comes to vetted by these groups for their will- You don’t have to spend long looking their rights and freedoms being pro- ingness to overturn Roe v. Wade. He at Judge Kavanaugh’s record to see tected. They may try, but they will not said women should be punished for hav- that, should he be seated, nearly five succeed because the record is clear and ing an abortion. In office, he and Vice decades of environmental protection the facts are clear. Judge Kavanaugh is President MIKE PENCE have done vir- are at risk, including the protections an extreme pick who would be dev- tually everything they can to restrict enshrined in the Clean Air Act, which astating for our country if he is con- women’s access to healthcare and to has significantly cut the smog, soot, firmed, and we need to do everything chip away at women’s constitutionally and chemicals that choked commu- we can to stop it. protected reproductive rights. Unless nities prior to 1970 and prevented hun- So I am standing here right now, on women and men across the country dreds of thousands of premature deaths behalf of the families in my home stand up to stop them, they will suc- and cases of heart disease in the years State of Washington and across this ceed in putting another Supreme Court sense. country, to be very clear about what is Justice who has the ideological Also at risk is the Clean Water Act, at stake if President Trump and his rightwing’s stamp of approval when it which, if erased, would take us back to enablers continue to try to turn our ju- comes to striking down Roe. the bad old days before commonsense dicial system into one that works for There is no sugarcoating this. We are protections—like when the Cuyahoga massive corporations and special inter- on the precipice of five men voting to River was so polluted that it caught ests and against regular families. overturn a historic ruling that has fire; when shellfish beds were closed in Earlier today, a number of my col- made women healthier and made them Puget Sound, nearly decimated by pol- leagues stood in this spot to sound the more equal and more free in the United lutants; or when an estimated 20 mil- alarm on what is at stake for our envi- States. We cannot let that happen. lion gallons of sewage effluent flowed ronment and our public health if the Those are two issues that so many of into Lake Washington every single balance of this Court swings toward us are focused on, and they are so im- day. President Trump and his extreme spe- portant, but they are far from the only I could go on and on about the strides cial interests. I want to expand on ones. Another key issue I want to brief- our country has made to keep our fam- those concerns, and I want to talk ly mention today is the rights and free- ilies safe, but the bottom line is that about just a few of the many issues doms of our LGBTQ friends, coworkers, because of our landmark environ- that Judge Kavanaugh would impact neighbors, and fellow Americans. We mental laws—like the Clean Water Act should he be confirmed and how awful have made progress, but there are and the Clean Air Act—our rivers are this would be for our families, commu- many questions and cases in this area cleaner, our air is easier to breathe,

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.008 S18JYPT1 July 18, 2018 CONGRESSIONAL RECORD — SENATE S5033 and families are better protected than and special interests to tilt the scales Yet, at the same time, Judge ever before. of justice in their favor. Kavanaugh has taken a far more ex- Though we have a lot of work yet to I would urge my colleagues who pansive interpretation of the Second do, it would be a grave mistake to go claim to care about the rights and eco- Amendment and has vigorously argued backward, and that is just what so nomic security of working families to that assault weapon bans are unconsti- many people fear would happen with join me in rejecting this nomination tutional. His position is far more ex- Judge Kavanaugh on the Bench, given and put the power back into the hands treme than even the late Justice his past rulings and given the test that of working families and the middle Scalia. It is no wonder the NRA imme- President Trump applied and his com- class. diately applauded Judge Kavanaugh’s mitment to only nominate someone This point is especially potent given nomination and has pledged now to screened and approved by the extreme the disgrace we witnessed in Helsinki. spend untold amounts to seal the deal right, especially his stance that could Every American should be deeply con- on his confirmation. take decisions away from our Nation’s cerned about President Trump putting Those are just a few issues weighing scientists and nonpartisan profes- someone on the Supreme Court who is on so many people’s minds right now. I sionals and put those decisions into the prepared to protect him from legal at- could go on about what is at stake if hands of special interests. tack and do his bidding. President Trump turns his White That takes me to another issue I As we all watch, many of us in horror House, and potentially now the judicial want to run through briefly: making and dismay, as President Trump con- system, into one that favors the power- sure our elections in this country are tinues to do everything in his power to ful few. free and accessible and that corpora- try and discredit the Mueller investiga- I would like to close by saying there tions don’t have a louder voice in our tion, we cannot forget, for a moment, are few things I take as seriously as a process than ordinary voters. These are that his Supreme Court nominee sug- Senator than my duty to consider and issues where our courts have failed to gested in a 2009 law review article that vote on a Supreme Court nominee. In serve us well in recent years, but by a sitting President should not be sub- my time in the Senate, I have had the confirming Judge Kavanaugh, we jected to criminal investigation or opportunity to consider nominees from would be cementing this awful pattern civil or criminal litigation. Democrats and nominees from Repub- Does anyone think, for one second, for a generation and making necessary licans. I voted for some of them, I this isn’t something President Trump reform so much more difficult. voted against some of them, each on was looking for? Is there anyone who Judge Kavanaugh will continue his their merits, and each based on how I has seen how President Trump has habit of ruling to make it harder and think they would serve. acted, listened to what he said who harder for citizens to vote and have a This time is different. We know ex- thinks he is not thinking about what voice in this democracy. We know this. actly where President Trump’s Su- happens if something related to this in- We saw how he ruled in favor of strict- preme Court nominee will fall on the vestigation goes to the Supreme Court? er voter ID laws—ones where the inten- President Trump controls the White specific issues, no matter what vague tion to make it harder for Americans House. His Republicans control both answers Judge Kavanaugh chooses to to vote was clear and absolutely the Houses of Congress. The last thing we deliver through this process. Why do we know this? Because Presi- wrong way to go. We cannot have a Su- need, the last thing any American who dent Trump told us openly, publicly, preme Court that continues to allow truly cares about our country should voter suppression. want is to place the last remaining and repeatedly. The President laid out So I ask my colleagues: If you believe branch—the final branch intended to be specific tests and promised to only that voting in our country should be independent, to put our Constitution pick nominees from a prescreened list open to all and that people shouldn’t first—into the hands of a Trump lack- of people who would absolutely meet have less access to the voting booth be- ey. That would be awful. It would them. Nobody should be fooled. Judge cause of where they live or the color of eliminate even the pretense of checks their skin, join me in rejecting this and balances. If Judge Kavanaugh is Kavanaugh is a rubberstamp. He will nominee and demanding someone who confirmed, with his record and given stand with special interests over fami- will protect our elections and our de- what we know about President Trump, lies, and he will take our country in mocracy. If you believe that Citizens that is exactly what would happen. the wrong direction. United was an awful decision that per- If you believe we should be taking I urge my colleagues, stand with me verted the First Amendment and put the Russian election interference into in rejecting Judge Kavanaugh’s nomi- shameful amounts of power into the U.S. elections seriously, join me in re- nation and join me in calling on Presi- hands of the mega rich and the biggest jecting this nominee and demanding dent Trump to send us someone who corporations, join me in rejecting this someone who would be truly inde- would stand with women, with our nominee and demanding someone who pendent and place an appropriate check workers, with our families, and who would put our ordinary voters first. on Executive power. would truly commit to respecting set- If we can’t stem the flow of dark, un- If you believe a President is not tled law and the rights and freedoms accountable money in politics, and re- above the law, join me in rejecting this we all hold dear and the longstanding verse the tide of the wealthiest Ameri- nominee and demanding someone who protections that help keep our families cans and biggest corporations being al- will take our Constitution and our ju- safe and healthy. lowed to have the loudest voices in our dicial independence seriously. I yield the floor. elections, we are going to keep running If you believe Executive power is not The PRESIDING OFFICER. The Sen- into massive challenges as a nation. unilateral and that real checks and ator from Nevada. Without a Supreme Court willing to do balances are required, join me in re- NOMINATION OF RYAN BOUNDS that, without rejecting Judge jecting this nominee and demanding Ms. CORTEZ MASTO. Mr. President, Kavanaugh and demanding someone someone who will clearly and un- I rise to speak out in opposition to the else, we can’t do that. Giving the most equivocally make sure that continues nomination of Ryan Bounds to sit on powerful among us an advantage in our to be a reality. the U.S. Court of Appeals for the Ninth elections is not the only way Judge Finally, I want to highlight Judge Circuit. Kavanaugh is working for those at the Kavanaugh’s troubling record on com- I will be voting against his confirma- top, and I want to briefly discuss an- monsense gun safety. This is an issue tion, and I ask all of my colleagues to other. that certainly hit close to home for far do the same. My reason for this is not Last month’s Janus decision made it too many people in recent years. just the fact that in expressing his dis- clear that workers and their unions Churches, schools, concerts, it seems dain for multicultural values in a se- need a fair voice on the Supreme Court. like no place is immune to the rampant ries of college writings, he compared Unfortunately, Judge Kavanaugh has a gun violence happening in the country, efforts to build tolerance and promote long record of weakening worker pro- which is why millions of Americans diversity to Nazi book burning; it is tections, undermining union rights, have taken to the streets in recent not just the fact that he advocated and making it easier for corporations months to demand action. against policies designed to make

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.009 S18JYPT1 S5034 CONGRESSIONAL RECORD — SENATE July 18, 2018 LGBTQ students feel welcome and Turkey who want to come into a Chris- hearing he was told that he is going to crack down on campus rapists; it is not tian church to do just that. He has a continue to be in prison until they just the fact that when a bipartisan ju- small church in Izmir. You can only have another hearing in October, and dicial selection committee asked him seat about 100 people in it, and he that hearing is scheduled for about 4 to disclose past controversies, he delib- didn’t even have that when he started days short of 2 years that he has spent erately misled the committee and said his missionary work. time in a Turkish prison. there was nothing to worry about. I should say he is from the Black He has been in prison for 649 days. He Now that his controversial writings Mountain area of North Carolina. He is in good spirits—as good as you can have come to light, he refuses to re- was part of the same church that Rev. imagine for somebody who is enduring tract or show remorse for his state- Billy Graham was a part of. He went to the trauma of being imprisoned, I ments. Instead, he brushes them off as Turkey to really pursue his passion think, unlawfully and unfairly. overbroad and overheated. and serve in Christ through missionary His wife Norine is in Turkey. She re- Ryan Bounds’ writings show he does work. fuses to leave because she is afraid if not believe in a tolerant and diverse In 2016, after the coup attempt, Presi- she leaves Turkey, Turkey will not America, where women and people of dent Erdogan implemented emergency allow her to come back into the coun- color are treated with equal respect. In powers, and he swept up thousands of try. my eyes, that alone disqualifies him people and put them in prison. Pastor They have been separated from their from sitting on the Federal bench, but Brunson was in a Turkish prison for al- three children for 2 years because they Bounds has not received the blue-slip most 19 months without charges— are afraid to have them come into the approval of either Senator from his about 17 months in a cell that was de- country and not be able to leave. home State of Oregon. No judge in signed for 8 prisoners that had 21 peo- I am asking the Members of Congress modern history has ever been con- ple in it. to join with me to apply pressure on firmed without a blue slip from either I was in Turkey about 4 months ago— Turkey to have justice done. Justice is home State Senator. when I first met Pastor Brunson per- releasing Pastor Brunson and letting So a vote to confirm him is a direct sonally—to visit him in prison to let him come back home. attack on the Senate’s constitutional him know that as long as I am in the We have provisions in the National responsibility to advise and consent. U.S. Senate, I am going to work hard Defense Authorization Act that send a The blue-slip process is a critical func- for his ultimate release. very clear message to Turkey that we Then I went back about 6 weeks tion of the legislative branch. It gives are serious about this. every Senator a chance to have a say later, and I sat in a Turkish courtroom I have my own concerns about Tur- in the Federal judges who serve in for about 12 hours, and I heard some of key because they seem to be drifting their home State. the most absurd charges that could away as a NATO ally and partner and The nominee to the U.S. Court of Ap- ever be levied against someone to keep more toward a position I don’t quite peals for the Ninth Circuit will have a them in prison for what will now be understand. I certainly don’t under- lifetime tenure. If confirmed, Ryan going on 2 years. I told Pastor Brunson stand it in terms of our mutual inter- Bounds will have influence over our I would be back, and I will continue to ests as NATO allies or as economic legal system for the rest of his life. be back, until justice is served. partners. Don’t the American people and their I don’t want to get into too many of elected officials deserve a say in the details so I will tell you he was in But for right now, I want to focus on whether he should be allowed to fill a courtroom today for another 5 hours. a man who has been in prison for 649 that seat? If it bore any resemblance to the time days. I want to focus on other people This debate is not just about one un- I was in the courtroom, it goes some- who worked with the Embassy who qualified judge and his racist ideas. It thing like this: The defense gets to say have been in prison for about the same is about the duty of the legislative nothing. They don’t get to introduce time. I want to focus on a NASA sci- branch to serve as a check and balance witnesses to testify on his behalf. You entist who happened to be visiting his on the President. Over the course of have secret witnesses, many of them in family in Turkey—he is a Turkish the Trump administration so far, we a Turkish prison, testifying against American—who has been in prison for 1 have seen an unprecedented attempt to him about things like a daughter post- 2 ⁄2 years. We have to educate the undermine the blue-slip process and ing a meal she had on a social media American people on a Turkey that has pack the courts with judges favored by application that the Turkish authori- no resemblance today of what it was corporations and special interests. ties believe linked her to terror be- just 5 or 6 years ago. I urge my colleagues to take a stand cause they believe it is a meal certain I want to have a positive working re- against President Trump’s attacks on terrorist organizations like. It also lationship with Turkey. I want in- our legal system. Protect the integrity happens to be a meal that a lot of peo- creased economic ties and increased of the blue-slip process and vote ple in the Middle East like, but that military ties. But when you illegally against Ryan Bounds’ nomination. The was a charge that suggested he was in- imprison American citizens, no matter power and independence of the legisla- volved in a coup attempt or conspiring how important that strategic relation- ture is at stake. with terrorists. ship is, at some point we have to ques- I yield the floor. Having a light on in a church—by the tion whether or not we can go further. The PRESIDING OFFICER. The Sen- way, in a room that doesn’t have a win- In the meantime, if any of you are ator from North Carolina. dow—that was supposedly observed by planning on going to Turkey, I would CALLING FOR THE RELEASE OF PASTOR ANDREW one of these secret witnesses who are think twice. Make sure that you don’t BRUNSON in prison, saying: Well, clearly if there take a picture of somebody that maybe Mr. TILLIS. Mr. President, I think was a light on in this church, nothing Turkish officials think is involved in a last week or the week before, you were good could have happened because it coup, because that can sweep you up in presiding when I did a speech that I was in the middle of the night. Maybe it. Make sure that you don’t eat a meal promised I am going to do every week somebody just left the light switch on, that other segments of Turkish society we are in session until justice is served but I am still trying to figure out how like, because that may make you a in Turkey. they actually saw it because I have coup conspirator. It is a speech about this man. His been in that room, and there is not a I hope that we solve this problem, name is Pastor Andrew Brunson. He single window. There is no way you but I will tell you that there are very was arrested in Turkey in October of could have seen it from the outside. few things that would ever take me 2016. If you want to sum up his crime, Those are the types of charges that away from coming to this floor and it is for being a missionary. He has have been used to keep Pastor Brunson going into committee meetings and been in Turkey for about 20 years, has in prison since October of 2016. doing everything I can to put pressure served the community well, has pro- Today, he was back, as I said earlier, on Turkey until Pastor Andrew vided aid and comfort to Syrian refu- in a hearing in a Turkish courtroom Brunson is back in this country safe gees, has provided a place for people in for 5 hours. At the end of the 5-hour and sound with his family. Then I will

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.011 S18JYPT1 July 18, 2018 CONGRESSIONAL RECORD — SENATE S5035 continue to work on all the other peo- tana’s No. 1 industry, agriculture. is not the right direction to go. We can ple who are being unfairly and unjustly Montana’s grain producers produce get their attention by other ways. held in Turkish prisons. about $2 billion worth of wheat, barley, I would also say that these tariffs We need to have justice for Pastor pulse crops, and oil seeds every year. aren’t just felt by farmers and ranch- Brunson. We need Turkey to be the Since the middle of June, the price of ers. They are felt by other businesses ally that we want them to be, and we No. 1 Dark Northern Spring wheat in too. For builders, for example, their need President Erdogan to show the southeastern Montana has fallen more costs are going up. In 2016, the voters of leadership and the compassion to bring than 60 cents a bushel. That is more Missoula, MT, approved a $30 million Pastor Brunson home. than 10 percent, and the same can be bond to build a new city library. They Thank you, Mr. President. said throughout the State of Montana. started the project, but tariffs on steel The PRESIDING OFFICER. The Sen- To put that in perspective, just think sent material costs soaring. Now the ator from Montana. what would happen in your business if cost of rebar alone has increased the TARIFFS your prices were reduced by 10 percent cost of the project by $100,000. Library Mr. TESTER. Mr. President, I rise right off the top. It would put you in a officials have told me that as a direct today to talk about tariffs and their world of financial hurt, and that is result of these tariffs, they are pre- impact on Montana’s family farmers where Montana’s farms and ranches are paring with a need to go out and raise and businesses. In Montana we have today. If prices continue to plummet, another $500,000 to finish this project. more than 27,000 family farms and some of these families who have been The people of our State have to pay ranches. Folks who farm and ranch on the land for over 100 years will be that price. these lands are descendants of home- forced to make some very difficult de- One of Montana’s fastest growing in- steaders and pioneers, including my- cisions in the next 6 to 8 months. dustries is microbreweries. It is a real self. They are also young producers These tariffs are eliminating pro- success story, employing a lot of folks who may be preparing for their first ducers’ access to foreign markets— and adding value to grains in our harvest. Might I add that we don’t have markets that are in Asia and Europe State. They are being hit hard by tar- enough young producers in our State. and markets in Canada and Mexico. In iffs on aluminum. These emerging busi- The population of farmers is getting Montana, we sell our grains and our nesses have no other option but to pass far too old. beef to these countries and others: that cost on to their patrons. These folks work 7 days a week, for China, Japan, South Korea, Mexico, So we are paying both ways, folks. long hours, to raise the food that feeds Pacific Rim countries, and European We are paying on the tariffs coming in, our families across this world, and they Union countries. These exports didn’t and we are paying on the tariffs being power our rural economies in this just pop up overnight. They came to put on our products going out. country. Farmers and ranchers are fruition after years of hard work, good In agribusiness, for example, every- small business operators and owners faith and trust, and negotiations. thing that is made of steel is going up who are always on tight margins and Negotiations and trust are being and going up significantly. From I- always are looking to make sure that thrown out the window with these tar- beams to cattle guards, to posts for they can make the books balance by iff fights. In some cases—Japan, for ex- fencing, to metal for storage bins, any- being on the positive side of the ledger. ample—it has taken multiple genera- thing made out of steel is going up sig- Why? So they can keep their farms and tions to establish these export mar- nificantly. Manufacturers who have ranches viable to be able to have the kets. If we lose them, it will take many been on the rebound since the 2008 fi- next generation take over their oper- generations to get them back. Coun- nancial crisis now have a hard time ation. Just like any other business—a tries such as Argentina and Russia are bidding contracts on materials. Less of local bar or a hardware store—you need circling the markets like sharks, want- their money is going into their pock- to be able to make a profit to stay in ing to strike the minute we lose a grip ets, if there is any left at all, because business. on them to fill those voids. of these tariffs. Every sector of our Producers need to make sure that Take, for instance, Mexico. Mexico is economy is feeling the pinch of this es- they have predictability in input the largest importer of Montana barley calating trade war. costs—we are talking about fertilizers, in the world. For years, Mexico bought Fair trade is really important. Get- fuel, and seed—and predictability in Montana’s barley to be able to make ting manufacturing back to this coun- markets, the places where we sell our beers, like Corona and others. These try is really important, but it doesn’t grain, which has always been a chal- tariffs have put those markets at risk appear that we are doing those things. lenge and which has become more of a to the point that one Mexican barley Instead, we are putting our existing challenge over the past 6 months. When buyer told one of the folks from the businesses—whether it is in production farmers plant a crop, they need to barley association of Montana: I don’t or agriculture, construction or manu- know there is a market for that crop, know that we can depend on America facturing—at risk with these trade because if there is not, it can put them to supply our barley anymore because wars. in a world of hurt financially. these tariffs have put our markets at We should have open markets. Those Unfortunately, in Montana, we are risk. markets need to go in both directions, preparing to harvest winter wheat As a result, Mexico, which is a huge but we shouldn’t be driving people into crops as we speak. Spring wheat crops importer of American wheat, just this bankruptcy in the meantime. That is will soon be coming, pulse crops will last spring turned toward Argentina what is happening. soon be coming, and oil seeds will soon for their wheat for the first time ever. I ask: What is the end game? If this be coming. The fact is that there is no They signed a contract for Argentine trade war continues, I had an ag bank- certainty in any of those crops right wheat to take the place of the wheat er tell me that family farms and ranch- now. Why? Because our farmers and from this country, of which Montana is ers have about 18 months before they our ranchers are being used as pawns in a part and will no longer be supplying. have to start liquidating. That is the a trade war that I can guarantee not The real question is, How long is this reality we are facing, and that is not one of them asked for. going to have to go on? We are faced very long. This trade war is eliminating access with enough uncertainties in produc- That is the reason why this body to foreign markets that have taken tion and agriculture with weather, needs to understand that we need to generations to develop and putting drought, hail, bugs, and disease. The send strong messages to the adminis- family farm and ranch operations in a list goes on. Unfortunately, this is a tration that they can’t use farms, financial pinch—such a severe financial manmade problem. ranches, and small businesses as bar- pinch that we haven’t seen anything I get it. I think the President is right gaining chips. Their livelihoods are on like it since the 1980s, when we saw a when he talks about holding China ac- the line. mass exodus off the land due to bad ag countable. They have stolen a lot of in- Earlier this month, I hosted a round- prices. tellectual property. They manipulate table discussion on tariffs at the Bil- The retaliatory tariffs against family their currency. But to put on tariffs lings Chamber of Commerce. I was able farmers and ranchers is harming Mon- where retaliation comes on ag products to meet Montanans eyeball to eyeball,

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.012 S18JYPT1 S5036 CONGRESSIONAL RECORD — SENATE July 18, 2018 and I heard their concerns. This is not season tickets on his credit card—hor- the Federal Government have made a political issue. These tariffs aren’t ror of horrors. Multiple fact-checkers their way through his court, and he has targeted toward Democrats or Repub- have debunked each of these claims, so written opinions—majority opinions licans. They are targeted at everyone. they have moved on. and dissenting opinions—which have Ag producers at this moment in time More recently, we have heard from all been reviewed by the U.S. Supreme are probably carrying the majority of some of our Democratic colleagues Court. I submit that would be the best the load. It needs to stop before the that they want to review every single evidence of what kind of Justice he damage is irreversible. piece of paper—every email, every would be on the Supreme Court. What My grandparents homesteaded the memo, every document that has passed kind of judge has he been on the DC land that we farm and lived through across Brett Kavanaugh’s desk at any Circuit? That is the best evidence. the 1930s. My folks, who took over the point in his career. We shouldn’t indulge requests for land, took the farm over in the early Reviewing relevant and important these fishing expeditions and paper 1940s and lived through a lot of hard documents is a perfectly normal part of chases that will lead to nothing other times themselves. My wife and I took confirming a judicial nominee, but than delay. It is important that the the farm over in the late 1970s, and we using that as an excuse to delay, foot- vetting process be deliberative and saw what happened in the 1980s. We drag, and obstruct is not acceptable. thorough, and it will be. But the vol- have seen what happens in agriculture, We know that the effort to get every ume of documents requested shouldn’t where so many of the folks can’t make memo from the Bush White House dur- be just a pretext to draw this out for it on the farm anymore, and they have ing the time he served as Staff Sec- political purposes. to have jobs off the farm to be able to retary there is really laughable and is Here is an important factoid: Nearly make the books balance. only a fishing expedition designed to half of the Democratic caucus has al- These tariffs are making things hard- delay his confirmation until after the ready said that they will vote no on er. We have been down difficult paths Supreme Court begins its work the Judge Kavanaugh’s confirmation to the in this country before. I don’t believe first Monday in October. Supreme Court. Are they going to be we can afford another punch to the gut For example, as Staff Secretary, he requesting documents? Are they going in rural America. I will continue to would have had the responsibility to to be saying ‘‘Well, I want to look at fight for and defend the folks who put basically manage the paper flow across everything that came across his desk’’ food on our table, but their bottom the President’s desk. These aren’t just when they have already announced lines are being severely, severely im- documents that he, himself, has gen- their public opposition? pacted by this trade war. erated. In fact, I suspect that with the Five of them announced their opposi- Now look, the legislation we passed overwhelming majority of them, he tion before Judge Kavanaugh was even last week is a start. The Senate version would have had nothing to do with cre- named. In other words, they would op- of the farm bill provides a safety net, ating them. He wouldn’t be the author. pose anyone who is nominated by this but I am here to state that if things He wouldn’t be making policy rec- President. We saw an attempt to fili- continue to go south for our markets, ommendations. Basically, he would buster the nomination of Neil Gorsuch we are going to be faced with a bill have navigated all of the documents to the Supreme Court, which resulted that dumps a bunch of money into pro- that went across the President’s desk in the change of the precedent. We low- duction agriculture to keep these folks to make sure that they had been re- ered the number of votes to close off afloat. Why? Because of tariffs that are viewed by the appropriate person and debate from 60 votes to 51 votes be- being put on ag products. It doesn’t that they would have been checked for cause we realized that some across the have to be this way. accuracy. The ideas that every single aisle were so determined to vote We are an equal branch of govern- piece of paper that went across Presi- against any nominee of this Presi- ment. I believe that both Republicans dent George W. Bush’s desk should be dent—no matter how well qualified— and Democrats can work on this issue somehow relevant and that we should there was no way we could confirm a in a commonsense way, especially in delay confirmation until we have all well-qualified candidate. So we this body. The administration needs to had a chance to read it are ridiculous. changed that. understand that if they keep con- Is what President Bush had for dinner Both Justices Sotomayor and tinuing down this war of who can put 14 years ago relevant to Judge Gorsuch were confirmed just 66 days the most tariffs on products, we are Kavanaugh’s fitness to serve on the Su- after they were nominated. In the case going to have a hard time keeping our preme Court? Obviously not. of Judge Kavanaugh, if that same time- businesses afloat, particularly our fam- Just as, in 2010, the committee quick- table held up, we would be voting on ily farms and ranches in this country. ly processed Justice Kagan, who spent his confirmation about September 13— That will not help with food security many years in the Clinton White well in advance of the October deadline for our country, and the long-term neg- House, I am confident we can expedi- when the Court reconvenes. We will ative impacts of that are unacceptable. tiously and efficiently review Judge have plenty of time to thoroughly vet I yield the floor. Kavanaugh’s relevant background ma- this nominee in a similar timeframe, The PRESIDING OFFICER. The ma- terials to make sure the vote on his which is consistent with the confirma- jority whip. confirmation occurs before the Su- tion process for both Republican and NOMINATION OF BRETT KAVANAUGH preme Court reconvenes in October. Democratic Presidents. Mr. CORNYN. Mr. President, it has Under Chairman GRASSLEY’s leader- I had the good fortune to sit down been a little more than a week since ship, the Judiciary Committee will with Judge Kavanaugh last week and President Trump announced his nomi- work to produce as many documents as to renew my acquaintance with him, nation of Judge Brett Kavanaugh to are relevant and possible so that every which first occurred in 2000. As I have fill the vacancy on the Supreme Court Senator can do their due diligence. An recounted here on the floor, when I was left by the impending retirement of important part of our constitutional attorney general of Texas, I had the Justice Anthony Kennedy. In that responsibility is to provide advice and privilege to argue a case in front of the short period of time, we have seen consent, as the Constitution itself U.S. Supreme Court. As one of the best some of our friends across the aisle run says. qualified appellate lawyers in the coun- through an almost impressive set of The most important thing to remem- try, having clerked on the Supreme rhetorical calisthenics in an attempt ber is that unlike the Kagan nomina- Court, as well, he was one of the law- to tank Judge Kavanaugh’s confirma- tion, we have 12 years of service on the yers who helped me get ready for that tion before it even had a chance to bench by Judge Kavanaugh. He served oral argument. begin. on the DC Circuit Court of Appeals in I had a chance not only to get to ‘‘He will overturn this case or this what has often been called the second know him in 2000 but to follow his ca- law,’’ they claim. ‘‘He will not be a most important court in the Nation be- reer on the DC Circuit Court of Ap- check on the President,’’ they have cause it is located in the District of Co- peals. He has consistently impressed tried to say. They have even suggested lumbia. Most of the major cases involv- me with his thoughtfulness, his delib- that he charged too much for baseball ing huge policy disputes confronting erativeness, his outstanding legal and

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.013 S18JYPT1 July 18, 2018 CONGRESSIONAL RECORD — SENATE S5037 academic credentials, and, of course, Office of Legal Counsel, who issue au- of grave concern to me, especially with his experience on the DC Circuit Court thoritative guidance for the Depart- an eminently qualified nominee. They of Appeals. He was candid and open, ment of Justice. And then, of course, are casting about looking for some- professional and impressive. he served as a law clerk for Justice thing—really, anything—to stop Judge I hope all of our colleagues will meet Alito on the Supreme Court. Kavanaugh’s confirmation. with Judge Kavanaugh to see for them- Following a period of private prac- Because Democrats want political selves. I have been told that he has tice, the State of Texas came calling, judges, they politicize the confirma- been making calls to some Democratic and Andy became a deputy solicitor tion process. This is what they did to Senators’ offices, and they refuse to see general in the office of the Texas attor- oppose Justice Neil Gorsuch when he him at all. ney general; then it was Greg Abbott, was nominated. They took a few cases He is an accomplished jurist who will whom he later followed to the Gov- out of the thousands he had decided fairly and faithfully apply the law as ernor’s office, where he now serves as and distorted what he had said. They written and adhere to the text of the Governor Abbott’s general counsel. attacked him as being unfit to serve. Constitution, as judges are obligated to On behalf of the State of Texas, Andy They said he was unqualified to be a do, and leave the policymaking and the has argued two cases before the U.S. Justice, but Justice Gorsuch had an politics to the Congress and the execu- Supreme Court and filed countless unassailable record as a principled ju- tive branch. I look forward to con- briefs in support of the State. Because rist on the Federal bench. tinuing our vetting process and voting of his background and experience, We fought back against the misrepre- to confirm Judge Kavanaugh this fall— Andy has earned bipartisan support, re- sentations, the caricatures, and the ex- well in advance of the October term of ceiving recommendations from the aggerations, and the American people the Supreme Court. general counsel to the Obama Founda- saw through the Democrats’ ruse. They On a separate note, Mr. President, tion, as well as the Texas attorney gen- saw the kind of Justice Neil Gorsuch this afternoon, we will vote to confirm eral’s office. would be—a Justice who says what the another accomplished legal mind, Andy In his confirmation hearing before law is, not what he wants it to be, a Oldham, to the Federal Court of Ap- the Judiciary Committee, Andy spoke Justice who respects the separation of peals for the Fifth Circuit, which in- about his transition from a role as an powers, a Justice who will stand up to cludes Texas. advocate to that of a jurist. He ex- the executive and legislative branches Andy will join two other judges plained how he views the role of a ju- when they overreach. I believe the whom we have already confirmed in rist as ‘‘fundamentally different,’’ American people will see the same the Fifth Circuit earlier this year: Don which it is. thing when they look at Judge Willett, a former member of the Texas He went on to say that ‘‘the oath of Kavanaugh. Supreme Court, and Jim Ho, my former a jurist is simply to administer justice The debate over Judge Kavanaugh’s chief counsel, someone with impec- impartially, to do equal right by rich confirmation should be a debate over cable legal credentials. They are al- and poor, and to discharge justice in an his qualifications. Does he understand ready on the Fifth Circuit. I am de- equal and fair manner.’’ This is exactly the proper role of a judge under our lighted that Andy Oldham will be join- the type of judge we should want serv- Constitution? Does he have the experi- ing them. ing on our courts—someone who is im- ence needed? Will he respect our Con- As we like to say in Texas, Andy partial, not someone who will push for stitution and the rule of law? wasn’t born there, but he got there as a particular ideology or political agen- With hundreds of opinions, Judge fast as he could. He grew up in Rich- da on the bench. I believe Andy will Kavanaugh has built a reputation as mond, VA, where his parents instilled follow this philosophy of impartially being one of the most respected and in- within him a sense of hard work. His and fairly administering the law. fluential judges in the entire country. father put himself through college, and Andy spent all but 3 years of his ca- His incisive reasoning has led the Su- his mother was one of the first women reer in public service, and he has advo- preme Court to adopt his positions in to attend the University of Virginia. cated on behalf of Texans for many at least 12 cases. Following their examples, Andy at- years. I am confident he will continue Fidelity to the Constitution and to tended the University of Virginia and to serve them and the rest of the coun- the rule of law are hallmarks of his was awarded the prestigious title of try well, and I look forward to sup- opinions. Importantly, his vast body of Jefferson Scholar. While he was at porting his nomination this afternoon. work shows a deep commitment to the UVA, he helped found an advocacy The PRESIDING OFFICER (Mrs. separation of powers. His opinions dem- group to prevent sexual assault. His ERNST). The Senator from Utah. onstrate his commitment to the prin- group was particularly focused on edu- NOMINATION OF BRETT KAVANAUGH ciple that judges should interpret the cating young men on their responsibil- Mr. HATCH. Madam President, I rise law, not make it. ities when it comes to sexual violence. today to discuss the confirmation proc- Judge Kavanaugh should be asked From there, he attended the Univer- ess for Brett Kavanaugh. By any hon- questions about his rulings and his ap- sity of Cambridge as a Truman Schol- est measure, President Trump’s nomi- proach to the law. As a judge, he has ar, graduated with first class honors, nee, Judge Kavanaugh, is exceptionally developed a reputation for his prepara- and then went to law school at Har- well qualified to serve on the Supreme tion in court. I have no doubt that he vard—very impressive academic cre- Court. When he was nominated to the can stand up under the most rigorous dentials. DC Circuit, he already had stellar cre- questioning. During law school, he helped rep- dentials, a keen intellect, and an im- Yet what we have seen so far is a mix resent a death row inmate in a habeas pressive knowledge of the law. He was of hyperbole, mudslinging, and distor- corpus petition and won a temporary confirmed to the DC Circuit Court in tion. Attacks aimed at Judge stay of execution in the U.S. Supreme 2006, following years of Democratic ob- Kavanaugh have not focused on wheth- Court. Based on Andy’s hard work, the struction. I have followed his work er he is qualified to serve. They have then-Governor of Virginia, who is now closely on that court for over a decade. not focused on whether he understands a Member of the Senate, commuted the His judicial record never ceases to im- the role of a judge. They have not fo- defendant’s sentence to life without pa- press. cused on how he will interpret the Con- role based upon Andy’s legal represen- A nominee with such a sterling rep- stitution and the laws passed by Con- tation. utation should receive wide bipartisan gress. When it comes to what we should After law school, he went on to clerk support. But over the years, I have be asking about a nominee, what we for Judge Sentelle on the DC Circuit seen firsthand the deterioration of the have seen so far is not even in the ball- Court of Appeals, which I spoke about judicial confirmation process. When park. in connection with Brett Kavanaugh. Justice Kennedy announced his retire- After scouring Judge Kavanaugh’s fi- Then he served as an attorney to the ment, I knew the Democrats would, nancial disclosure, progressives Department of Justice’s Office of Legal again, play politics with the Supreme thought they had struck gold with a Counsel; that is, the lawyers for the Court. It is what they have done for shocking revelation that would, surely, lawyers at the Department of Justice’s more than three decades. It is a matter turn public opinion against him. So

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.015 S18JYPT1 S5038 CONGRESSIONAL RECORD — SENATE July 18, 2018 what salacious scandal did they un- local charity to distribute food to the finest people I know. He is also one of cover? What damning evidence did they poor. His decision to keep his commit- the smartest. He is conservative—no find that would dash all hopes of con- ment to volunteer the week he was question about that—but he is honest. firmation? nominated to the Supreme Court says To me, these are some of the most im- The Presiding Officer is not going to more about Judge Kavanaugh than any portant keys to these judgeship posi- believe this, but they discovered that letter could. tions. I hope we get rid of the unjust Judge Kavanaugh enjoys America’s This overwrought reaction, sadly, representations against the judge. I pastime. That is right. Judge comes as no surprise. Crying wolf is the hope we will start treating the Senate Kavanaugh loves baseball—horrors. left’s trademark strategy in attempts like the great deliberative body it real- Honestly, I couldn’t believe it either. to sabotage Republican nominees. Back ly is. But wait. It gets worse. in 1990, a group that opposed then- I suggest the absence of a quorum. Not only does Judge Kavanaugh love nominee David Souter warned that he The PRESIDING OFFICER. The baseball, but he was once a season tick- was a threat to the ‘‘lives, health and clerk will call the roll. et holder at Nationals Park. OK, but livelihoods of millions of women and The bill clerk proceeded to call the here is the real kicker. Judge their families.’’ It wasn’t true then, roll. Kavanaugh bought those season tickets and it isn’t true now. Mr. BARRASSO. Madam President, I with a credit card—with a credit card I hope that the Senate can raise the ask unanimous consent that the order of all things. As was the Presiding Offi- level of debate as we consider the nom- for the quorum call be rescinded. cer, I was speechless too. I have been ination. In doing so, we should focus on The PRESIDING OFFICER. Without racking my brain all week trying to whether Judge Kavanaugh is qualified. objection, it is so ordered. figure out how a credit card-using base- I hope my Democratic colleagues can (The remarks of Mr. BARRASSO per- ball fan could slip through the cracks resist the temptation to politicize this taining to the introduction of S. 3229 of the White House’s vetting process. nomination as they have with others in are printed in today’s RECORD under Now, I am being facetious to prove a the past. Some of what we are seeing ‘‘Statements on Introduced Bills and point. We are only 9 days into the con- now has me worried. Joint Resolutions.’’) firmation process, and progressive op- We have also heard a lot from Demo- Mr. BARRASSO. I yield the floor. position is already beyond parody. crats about how important trans- I suggest the absence of a quorum. Of course, this is nothing new. Every- parency is to the confirmation process. The PRESIDING OFFICER (Mrs. thing we have seen so far comes di- Because of Judge Kavanaugh’s long HYDE-SMITH). The clerk will call the rectly from the Democrats’ playbook. record of public service to our Nation, roll. Throw every rumor, half-truth, and ex- the executive branch has been asked to The senior assistant legislative clerk aggeration at the nominee, and just see produce a large number of documents. proceeded to call the roll. what sticks. When nothing sticks, dou- Democrats have been demanding that Mr. BARRASSO. Madam President, I ble down on partisan attacks, take past they be given access to these docu- ask unanimous consent that the order statements out of context, ments as quickly as possible. for the quorum call be rescinded. mischaracterize his positions, and lob a Some of my colleagues have ex- The PRESIDING OFFICER. Without hyperbolic Hail Mary if you have to. pressed shock that Deputy Attorney objection, it is so ordered. Do everything you can to denigrate, General Rod Rosenstein requested that NOMINATION OF BRETT KAVANAUGH disparage, and dehumanize the nomi- assistant U.S. attorneys help to review Mr. BARRASSO. Madam President, nee no matter his qualifications or these documents. The truth is that the last week, President Trump nominated character. Office of Legal Policy at the Justice Judge Brett Kavanaugh to serve on the If Democrats continue down this Department always assists with nomi- U.S. Supreme Court. People have begun path, we are going to lose all ability to nations, and that Office is composed looking over his extensive record, and debate matters of public importance. mostly of career attorneys. It is not he has been getting rave reviews We cannot expect that all debate will uncommon for attorneys from other of- around the country. Just look at a few be well reasoned, but opposition fices in the Justice Department to help of the headlines we have seen across should, at the very least, be rational. It with the review of nominations. the country. should never be hysterical. The rhet- The government attorneys at the De- The New York Times, July 10: ‘‘A oric used to oppose Judge Kavanaugh partment of Justice who work on nomi- conservative stalwart wins praise for crosses that line. nations are extraordinarily thorough. his intellect and civility.’’ The New Just last week, when speaking about Given the reportedly large number of York Times—it is astonishing. Judge Kavanaugh’s impressive resume, documents, it makes sense that to fa- The Wall Street Journal said: I said you could not knock Yale, Har- cilitate this process, the DOJ would ‘‘Trump’s nominee will be an intellec- vard, or Georgetown. Maybe I spoke seek extra help. tual leader on the bench.’’ too soon. Shortly after the announce- When we spoke last week, Judge The Detroit News said his record sug- ment that Judge Kavanaugh would be Kavanaugh said he was proud of his gests that ‘‘he will maintain a commit- the nominee, Yale Law School released opinions, and he hoped people would ment to interpreting the law as it is a statement with praise of Judge actually read them rather than just written, and not how he may wish it Kavanaugh from professors and admin- read about them. I think those who do had been crafted.’’ That is exactly istrators. that will be just as impressed by Judge what Americans should be looking for One professor even noted that ‘‘poli- Kavanaugh’s work as I am. I hope Sen- in a Supreme Court Justice because a tics have deeply harmed our Supreme ators will take the time to sit down judge’s job is to apply the law, not to Court nomination process,’’ but she with him. rewrite it. lauded Judge Kavanaugh as being a Judge Kavanaugh has spent more People looking at Judge Kavanaugh’s ‘‘true intellectual,’’ an ‘‘incomparable than 23 years in public service. As a record and reaching the conclusion mentor,’’ and a ‘‘fair-minded jurist who good man, a decent man, and an honest that he knows the right way to ap- believes in the rule of law.’’ She went man, Judge Kavanaugh is the type of proach this very important job. on to say that ‘‘he is humble, collegial, person we should all hope is nominated It is not just newspapers that are and cares deeply about the federal to a seat on the U.S. Supreme Court. saying wonderful things and singing courts.’’ That is why I am so pleased that Presi- the praise of Judge Kavanaugh; legal The response from some Yale Law dent Trump nominated Judge scholars are lining up to commend his School students, staff, and alumni was Kavanaugh. I intend to do everything I independence and his wisdom as a swift, forceful, uncompromising, and can to support his nomination, and I judge. Some of them are extremely lib- completely ridiculous: ‘‘People will die hope that all other Senators will do the eral people he has worked with over if he is confirmed.’’ As these Yale same. the years. They just respect him that alumni were feverishly opposing the We have to quit this mudslinging and much as a judge who they find has been nomination, Judge Kavanaugh was mischaracterizing of people’s char- devoted to the law and the Constitu- spotted volunteering his time with a acters. Judge Kavanaugh is one of the tion. Imagine that. That is what we

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.017 S18JYPT1 July 18, 2018 CONGRESSIONAL RECORD — SENATE S5039 should expect in anybody who serves as one who takes the law and the Con- When you have someone with these a Justice on the Supreme Court. stitution at face value. qualifications, Senators ought to be A law professor from Yale wrote an The Constitution is a legal docu- looking at his record. They should look op-ed for the New York Times last ment, not a living document, and it at the 300 decisions he has written in 12 week titled ‘‘A liberal’s case for Brett was built for certainty. He knows that years on the bench. It is absolutely the Kavanaugh.’’ The professor called a judge’s job is to ‘‘interpret the law,’’ right thing to look at. They should Judge Kavanaugh ‘‘a superb nominee’’ not to legislate from the bench, ‘‘not to meet him and talk with him. and said that ‘‘it is hard to name any- make the law or make policy.’’ That is We have just begun this confirmation one with judicial credentials as strong what he actually said in a speech last hearing process. I hope that more as those of Judge Kavanaugh.’’ year. Democrats in the Senate will have an Another liberal law professor called He has an extremely strong intellect, open mind about this nominee. I hope him a ‘‘highly qualified mainstream and I can’t imagine there is anyone out they will consider the kind of person conservative judge.’’ He cited Judge there who can deny that. ‘‘It is we should have on the Supreme Court Kavanaugh’s reasoning as ‘‘an example daunting and humbling to be in front and then make their decisions about of the judging ideal, setting aside ide- of that brainpower’’—this is what one whether Judge Kavanaugh has those ology and party politics, and just try- of the lawyers who appeared before him qualities. From what I have seen, he ing to get the law right.’’ That is a lib- said. And he is a person of solid char- absolutely does. eral former law professor. He said acter. That is what we are hearing I plan to continue to look into his Judge Kavanaugh gives ‘‘an inde- from people who have known him over record and listen to people who know pendent judiciary the job it is supposed the years from being extremely active him best. I plan to sit down and talk to do: Interpret the law.’’ in the community. The New York with him. Everything I have seen so far There are lawyers who have appeared Times summarized it: ‘‘A conservative tells me that this is someone who is ex- before Judge Kavanaugh who said the stalwart wins praise for his intellect actly the kind of Justice we need on same things. I am not a lawyer, I and civility.’’ the Supreme Court. haven’t done these sorts of things, but So what is there for Democrats to I yield the floor. I understand there are surveys of law- come to the floor and object to? Why The PRESIDING OFFICER. The Sen- yers who appear before judges in court, are they objecting to all of this? Why ator from Maryland. people who have won cases and people are some Democrats already saying NATIONAL SECURITY who have lost cases. They put up their they oppose a judge known for his in- Mr. CARDIN. Madam President, to ideas about what they thought about tellect and civility? They were actu- my colleagues, let me just say that we the judge afterward. ally saying it before he was even must speak out and act. Across the board, they called him named by President Trump. Whomever President Trump’s appearance with ‘‘an excellent judge.’’ They said that he President Trump names, they are going Russia’s President Putin—a U.S. Presi- ‘‘has a history of excellent legal argu- to vote no. It is astonishing to see dent capitulating to a strongman dic- ment and analysis,’’ someone who can Democrats making that decision. Then tator, unprecedented in American his- think intellectually, think clearly, and they are asking for reams and reams of tory—compromised America’s national come up with a legal argument and documents after they have already said security and brings into question analysis to make the assessment, to they are against Judge Kavanaugh. whether America can be relied upon as apply the law as written. One lawyer What are they looking for? It is amaz- the leader of the free world. actually said: ‘‘It is daunting and hum- ing. With Mr. Trump standing with Mr. bling to be in front of that brain- That is what I believe the big dif- Putin while he discredited America’s power.’’ This was an anonymous survey ference is between Republicans and investigation into Russian meddling— of lawyers who appear before Judge Democrats in Washington: Republican this is an American President, with a Kavanaugh. I don’t know if they won or Presidents choose judges and justices dictator, challenging the investigation lost, but people get to put in their to follow the law; Democratic Presi- being done against Russia—the Presi- opinions, winners and losers, after dents seem to pick judges and justices dent questioned the conclusions of U.S. cases in anonymous surveys. ‘‘It is who are guaranteed to push liberal intelligence agencies. He left unchal- daunting and humbling to be in front policies and liberal agendas, pre- lenged Mr. Putin’s lies and illegal mili- of that brainpower.’’ This wasn’t peo- conceived notions of how they should tary invasions. ple just trying to kiss up to the judge rule on a case before they hear the In short, Mr. Trump did Mr. Putin’s to win favor in a case; these are results facts. They know the way they are bidding. In Russia, they are smiling; at from people after the case who were going to go, maybe using things like the White House, they are scrambling. just telling it like it is. ‘‘Excellent emotion, sympathy, and empathy. The Congress must speak out and act. legal judgment,’’ they say. Constitution is a legal document. Congress must repudiate the Presi- If you look beyond the courtroom, Even though you have legal experts dent’s actions to make clear to the people are just as willing to talk about from around the political world and American people and the world that Judge Kavanaugh’s character as a per- around the spectrum of all sides of the Russia, directed by Mr. Putin, attacked son, not just a judge. That is part of aisle who praise his intellect and civil- our free election system in 2016 and it—to look at somebody’s legal philos- ity, it is not good enough for the lib- tried to tip the scales in favor of Mr. ophy, their intellect, and their char- eral activists in this country. They Trump. acter—when trying to assess a judge don’t even want to consider Judge Russia illegally invaded the sov- who has been nominated, to say: Is this Kavanaugh’s qualifications, and they ereign state of Ukraine and illegally person the right person to be a Justice have said it here on the floor of the annexed Crimea, which the United on the Supreme Court? Senate and on television, if you listen. States must make clear we will never The Washington Post even ran a They are already making opposition to recognize. Russia, under Mr. Putin, piece by a woman who knows Judge his nomination a liberal litmus test for murders its political opponents and Kavanaugh because he coaches her Democrats in this Senate, and I am journalists. Russia has interfered in daughter’s basketball team. She wrote sorry to say that more than a few the politics of several European demo- that she was impressed by ‘‘his traits Democrats seem to be playing along. cratic states. of personal kindness, leadership, and We have seen Democrats in the Senate Six months ago, I authored, on behalf willingness to help when called on.’’ who have already said that they don’t of the Senate Foreign Relations Com- There are three things I look for in a care about Judge Kavanaugh’s intel- mittee Democrats, a report entitled nominee for the Supreme Court: judi- lect; they don’t care that he is ‘‘just ‘‘Putin’s Asymmetrical Assault on De- cial philosophy, a strong intellect, and trying to get the law right’’; they don’t mocracy in Russia and Europe: Impli- a solid character. What we are hearing care that, as one lawyer said, ‘‘it is cations for U.S. National Security.’’ is overwhelming evidence from people hard to name anyone with judicial cre- I sent a copy of that report to Presi- who know him that Judge Kavanaugh dentials as strong as those of Judge dent Trump and hoped that he would has all of these qualities. He is some- Kavanaugh.’’ absorb it and use it in his meeting with

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.020 S18JYPT1 S5040 CONGRESSIONAL RECORD — SENATE July 18, 2018 Mr. Putin. Unfortunately, he either First and foremost, we need to recog- on. That gives space to Mr. Putin. His didn’t read it or didn’t heed the advice nize Russia for what it is today—not calculation: 2018 is fair game. I can do in that report. the Russian people, but under the lead- whatever I want in the U.S. elections. That report spells out in detail the ership of Mr. Putin, Russia is an adver- After all, I know the President will be asymmetrical arsenal that Mr. Putin sary. They are against our system of on my side and will not hold me, Rus- uses. Yes, he uses his military, propa- government, and they are trying to sia, accountable for interference in the ganda, and cyber; he supports orga- bring down our system of government. U.S. elections. nized crime and corruption, weaponizes I saw the President’s tweet this That is certainly not in our interest. energy, and supports fringe political morning, and I just want to acknowl- Congress must speak out and act. We groups, all to attack our democratic edge that we want to have relations have to protect this country. It is our system of government. with all countries in the world. I want responsibility. We are an independent The report spells out numerous rec- the relationship between the United branch of government. We need to ommendations for steps we should take States and Russia to be on a better pla- speak out on behalf of our Nation. to protect our national security teau, but it has to be under our terms, Let me just lay out issues that I hope against what Russia is trying to do to not Mr. Putin’s terms. That is the we will work on not only in response to us. The report spells out several rec- problem with what the President did in the President’s summit with Mr. Putin ommendations I just want to under- Helsinki. He allowed Mr. Putin to con- but also because it is our responsibility score today. We urge the President to trol the dialogue and allowed Mr. Putin as an independent branch of govern- assert Presidential leadership and to look as though everything he is ment to speak out for America. launch a national response, an inter- doing is reasonable when it is not. If First, we need to protect the integ- agency response, so we make it clear you give Mr. Putin space, he will push rity of the Mueller investigation. I am that we will not tolerate this. to fill it, and then he will go even fur- not going to prejudge what the Mueller Mr. Trump has done just the oppo- ther. investigation will come in with. I have site. He has downplayed any signifi- Ten years ago, Mr. Putin saw an op- confidence that Mr. Mueller will do his cance to what Russia has done, has not portunity. He saw an opportunity to work. allowed us to have a coordinated effort put a wedge in regard to the NATO ex- Mr. Trump has been openly critical with the executive branch, and has pansion and the growth of a unified over and over and over and over again fought what Congress has tried to do in Western Front. He saw that oppor- about this investigation. It is out- giving him additional resources in tunity in the independent state of rageous that the head of the executive order to prepare us against what Mr. Georgia, and he took advantage of branch of government is trying to com- Putin is doing. that. Russian troops invaded. They are promise the checks and balances in our The report goes on to further rec- own system, but we have to make sure ommend that we expose and freeze still there today, and Georgia is still that the checks and balances remain. Kremlin-linked dirty money. The ad- not part of NATO. Mr. Putin’s strategy paid off. The We have to make sure that we protect ministration has not done that. It goes on to say that we should sub- Western World gave him that open the integrity of the Mueller investiga- ject state hybrid threat actors to an es- space; he took advantage of it. tion. calating sanctions regime. Here Con- In 2014, Mr. Putin, based upon his ex- Congress needs to pass legislation, gress did act. We passed the CAATSA perience in Georgia—and also, by the and there is legislation that has been statute, which requires—these are way, based upon his experience in recommended by our Judiciary Com- mandatory sanctions against Russia Moldova—said ‘‘Well, we can do the mittee that would protect the integrity because of what they did to us in 2016 same in Ukraine,’’ and they invaded of the Mueller campaign. We should and what they did in regard to the Ukraine. They took over Crimea; they take up that legislation and pass it im- Ukraine and their other activities. illegally annexed Crimea, and guess mediately. This administration has not fully uti- what. Ukraine, today, is nowhere clos- I said that I will not prejudge what lized those sanctions that are available er to being a NATO ally as a result of Mr. Mueller will come in with. We under the legislation we passed. Mr. Putin’s strategies. know there are people who have been The report calls for publicizing the It worked for him, not for us. That is indicted. We know that Russia has Kremlin’s global malign influence ef- not in our national security interest. been engaged in the election. We know forts and building an international coa- The President gives him a pass. that some Americans were involved. lition to counter hybrid threats. Mr. They tried it in Montenegro. Russia Was there collusion with the Trump Trump did just the opposite in his most financed operations of a coup to try to campaign? It will be up to the Mueller recent foreign trip. In his performance prevent the parliamentary elections investigation to give us those findings. in Brussels with NATO and then later from having a government that would But we do know from Helsinki that Mr. in London, he not only took the oppor- ratify NATO. The people of Montenegro Trump openly colluded with Mr. Putin tunity to criticize two of our closest al- stood up and said no. They fought it, in regard to an orchestrated message lies, Mrs. Merkel in Germany and Ms. and they won. Now Montenegro is a coming out of Helsinki. May in London, England—the U.K.— NATO ally. We can’t give this space to Secondly, Congress needs to exercise but he also challenged the unity of Eu- Mr. Putin. its oversight capacity with hearings. rope, weighing in with regard to Brexit Mr. Putin, not just in the United That is our responsibility. and the politics of Brexit. That is not States, but in Europe, interfered in I was pleased to see that Senator how the President brings unity among elections. But what happened in 2016 in CORKER announced that Mike Pompeo, our allies in order to stand tall against America? This is a fact; this is not sub- the Secretary of State, will be before the threats of Russia. ject to debate. We know that Russia, the Senate Foreign Relations Com- The report goes on to say that we directed by Mr. Putin, interfered in our mittee on Wednesday of next week. need to build global cyber defenses and elections. That has been confirmed by This meeting is long overdue. norms. Congress has appropriated our intelligence community. It has Let me just remind my colleagues funds; the administration has not fully been confirmed by our own Intelligence that this meeting is being set up to get utilized those funds. Committee here in the U.S. Senate. our very first briefing on what hap- We need to hold social media compa- This is not something that you debate. pened in Singapore in the President’s nies accountable. We see the infiltra- We know that is a fact. We understand meeting with Kim Jong Un in North tion of Russia into our social media the President has tried to convince the Korea. We haven’t had a single briefing platforms. Europe has already taken public here in America that may not be in Congress on the North Korean sum- action to make sure that it identifies true, but those are the facts. We know mit. and is protected against infiltration of the facts. We are privy to the facts. Now we have Mr. Pompeo coming up foreign entities getting involved in try- We know that Russia interfered in here for North Korea. I urge Mr. ing to influence policy in their coun- our elections, but the message from Pompeo and Senator CORKER to make try. The United States, under Mr. Helsinki, President Trump’s message sure that Mr. Pompeo is prepared and Trump, has not taken similar action. to President Putin, is: OK. Let’s move has the time not only to address North

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.022 S18JYPT1 July 18, 2018 CONGRESSIONAL RECORD — SENATE S5041 Korea but also to address what hap- tem. We have appropriated funds for He gave a speech to the Federalist pened in Helsinki. We have a right, an this. There is legislation that is pend- Society in 2016 where he said, ‘‘I have obligation, to find out. ing by Members of the Senate on both particular things that I think are ille- While we are able to question rep- sides of the aisle. We now know we are gitimate in the way that we conduct resentatives from the executive branch even more vulnerable. We have seen modern American law.’’ He went on to in regard to Helsinki, let’s make sure some indictments of late that point out say, ‘‘It’s not that I disagree with a that we have a chance to talk to Jon what Russia could be doing in the 2018 particular Department of Labor regula- Huntsman, our Ambassador to Russia, elections, which are only less than 4 tion or a particular IRS regulation; it to get his take, his assessment of what months away. is the entire existence of this edifice of happened. We need to talk to our Di- One of the fundamental principles of administrative law that is constitu- rector of National Intelligence as to his our democracy is our free and fair elec- tionally suspect.’’ assessments. We need to have oversight tions. We have a responsibility to make He also wrote in a law review article hearings here in Congress. sure they are free from international that ‘‘the Sherman Act, as it is cur- Most importantly, we need to under- tampering and the influence Russia rently understood, is unconstitu- stand what happened in the room— may try to play in this election cycle. tional.’’ The Sherman Act is one of our where it happened—where Mr. Putin We need to take concrete steps to foundational antitrust laws; it pro- and Mr. Trump spent over 2 hours. We make sure that is done. hibits monopolies and restraints of have no information about what hap- Lastly, I suggest that the Senate go trade. pened in that room. We have a respon- on record repudiating President Mr. Oldham’s views are clearly out- sibility as Members of Congress to un- Trump’s actions in Helsinki. The Re- side the judicial mainstream. His own derstand what discussions took place, publican leadership should bring to the words and writings show an extreme what commitments in regard to our floor of the U.S. Senate such a resolu- ideological agenda. elections, in regard to Ukraine, in re- tion. It is our responsibility to consider Of course, like all of President gard to Syria, in regard to North such a resolution. Trump’s nominees, he has promised he Korea, in regard to Iran. We have a lot By passing such a resolution, we can would cast all his views aside if con- of interest in knowing what took place, restore confidence to the American firmed and simply follow the law. But and we should get that information people and to the world that the United time after time, we have seen these now. That is our constitutional respon- States, indeed, is the leader of the free nominees get confirmed to the bench sibility. We need to speak out and act world. and then start interpreting the law to Mr. DURBIN. Madam President, I op- to carry out our responsibility. produce outcomes that align with their pose the nomination of Andrew Oldham This is not a partisan issue. This is a preexisting, Federalist Society-ap- to the Fifth Circuit Court of Appeals. constitutional issue of what we do. We Mr. Oldham is only 39 years old. He proved views and side with corpora- are a check and balance in the system. checks the Federalist Society box, hav- tions and wealthy elites over working The public expects us to act that way ing been a member since law school of Americans. and to get that information. that rightwing legal group that vets all Mr. Oldham is ideologically extreme, We should also strengthen the sanc- of President Trump’s nominees. Mr. he has shown instances of terrible judg- tions regime against Russia. I say that Oldham has spent much of his career ment, and he has said things that mindful that the bill we passed last litigating on behalf of Republican would make litigants question whether year, the CAASTA bill—I worked very elected officials in Texas State govern- he could be a fair and impartial judge. closely with my colleagues in drafting ment, where he worked on challenges I oppose his nomination. that bill—provides a whole array of op- to the Affordable Care Act, the DACA Mr. CARDIN. I suggest the absence of tions to President Trump to impose and DAPA programs, the Voting Rights a quorum. new sanctions against Russia for their Act, Fair Housing Act regulations, The PRESIDING OFFICER. The activities. Many of these sanctions, by ‘‘Ban the Box’’ regulations on job ap- clerk will call the roll. the way, are mandatory. The President plications, and Clean Air Act regula- The legislative clerk proceeded to has no discretion. I say that with some tions, among many others. call the roll. disbelief because these sanctions have Mr. Oldham’s extreme ideology is ap- Mr. CRUZ. Madam President, I ask not been imposed yet, even though parent from statements he has made in unanimous consent that the order for they are mandatory sanctions. his personal capacity. At his nomina- the quorum call be rescinded. So Congress needs to speak out and tion hearing, he refused to say that the The PRESIDING OFFICER. Without act. We need to speak out to make sure landmark Supreme Court case Brown objection, it is so ordered. these sanctions are indeed imposed, v. Board of Education was correctly de- Mr. CRUZ. Madam President, I rise and we have to make sure we strength- cided. That was an astonishing mo- to speak to the integrity of the char- en the sanctions regime, if the Presi- ment. Every Supreme Court nominee acter and the career of Andy Oldham, dent needs more of a reminder or needs who has been asked this question has the President’s nominee to be a circuit additional tools in order to act against said he or she believed Brown v. Board judge for the U.S. Court of Appeals for Russia. One thing we want to make was correctly decided. In recent hear- the Fifth Circuit. crystal clear is, we don’t want to see ings before the Judiciary Committee, Andy represents the best of what the weakening of any of these sanc- nominees have answered yes to this Texas’s legal community has to offer tions. I think many of us know about question without hesitation; yet Mr. to our Federal courts. Andy Oldham conversations that took place in the Oldham wouldn’t answer. was born to high school sweethearts. past about Mr. Trump’s thoughts about If a nominee refuses to say that His parents, like his grandparents be- easing up some of these sanctions. We Brown v. Board was correctly decided, fore them, knew struggles and knew have to make sure that, in fact, they it certainly raises questions in my hard work. are not. mind about the nominee’s judgment, Andy’s father was raised in a trailer It was interesting that during the but that is not all Mr. Oldham has said. with four other siblings, and Andy’s summit, there was a conversation At his hearing, he refused to say grandfather spent years away from his against Mr. Browder about the whether he agreed that voter discrimi- family, first fighting in World War II Magnitsky sanctions that have been nation still exists in the United States. and then in Korea. His mother was imposed by Congress. Browder worked He gave an interview in 2016 where he raised by her divorced mother, and with Senator MCCAIN on that legisla- described the Supreme Court as ‘‘the Andy’s mother helped manage the tion. We have to make sure those sanc- most dangerous branch’’ and said household starting at age 8. tions remain in place and are strength- ‘‘they often fail to enforce our sacred Growing up in these humble begin- ened, not weakened. That is our re- rights that are in the Constitution, nings taught both of Andy’s parents sponsibility to make sure that takes while creating rights that are not.’’ the value of hard work. His father place. Keep in mind, this is a Supreme Court drove a cement truck and cleaned deep We must also make sure that we pro- where the majority of justices were ap- fryers in restaurants to pay his way tect the integrity of our election sys- pointed by Republican Presidents. through college. His mother was one of

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.023 S18JYPT1 S5042 CONGRESSIONAL RECORD — SENATE July 18, 2018 the first women to attend the Univer- Oldham as a circuit judge of the U.S. crats alike—is that our democracy, our sity of Virginia. Together, both en- Circuit Court of Appeals for the Fifth great country, was attacked by a for- rolled in the Medical College of Vir- Circuit. eign adversary. And two days ago, on ginia, where his father became a doctor Andy will be the fifth judge we have an international stage, standing shoul- and his mother became a dentist. confirmed for the Fifth Circuit, one of der to shoulder with Vladimir Putin, Andy’s parents had enormous student the finest courts in the country—a our President sided with that attacker. debts to pay, and so Andy learned what court I have been privileged to argue Instead of forcefully condemning it was like to grow up with little as before many times. Andy will be the Russia’s attack on our democracy, its well, but he likewise learned the value third Texan and fifth circuit judge in role in annexing Crimea, poisoning in- of an education from his parents. the last year and a half, and that, I dividuals with chemical weapons on Andy went to the University of Vir- think, is one of the greatest legacies of the soil of one of our closest allies, ginia on a full academic scholarship, President Trump and this Republican Russia’s downing of a passenger airline graduating with a perfect 4.0 GPA and Senate; namely, the confirmation of with nearly 300 innocent civilians on- at the top of his class. He then became principled constitutionalists to the board, or undermining democracies a Truman Scholar and went on to at- Federal court; judges who will be faith- around the world, our President offered tend Harvard Law School. ful to the Constitution and Bill of only praise for the authoritarian Presi- Andy graduated from Harvard Law Rights, who will stand steadfastly to dent Putin. He then repeated his con- magna cum laude and clerked for protect our fundamental liberties, to spiracy theories about the FBI and Judge David Sentelle on the DC Cir- protect free speech and religious lib- called the Russia investigation a cuit, one of the most respected Federal erty, to protect the Second Amend- ‘‘witch-hunt’’—denigrating our law en- appellate judges in the country, and ment, the right to keep and bear arms, forcement institutions, while standing then clerked for Justice Samuel Alito to protect the Tenth Amendment, the beside the foe they work so hard to on the Supreme Court of the United fundamental liberties of the people protect all Americans from—Repub- States. against ever-expanding Federal power. licans and Democrats alike. He then worked as an attorney advi- This is a legacy that was front and In my 44 years as a Senator, I have sor for 2 years in the Office of Legal center as to why the American people never seen anything like it. I can think Counsel in the U.S. Department of Jus- elected this majority, and it is a legacy of no Republican President and no tice under the George W. Bush adminis- that will benefit Texans and Americans Democratic President who would ever tration. for generations to come. do this. I never thought it would be Andy then went into private practice I yield the floor. possible in our country before Presi- at Kellogg Hansen here in Washington, I suggest the absence of a quorum. dent Trump took office. DC. From there, Andy went to the The PRESIDING OFFICER. The Yesterday, the President attempted Texas solicitor general’s office to serve clerk will call the roll. to walk back his decision to side with as the deputy solicitor general of The legislative clerk proceeded to Russia over our own intelligence agen- Texas. I can state that office is usually call the roll. cies. He attempted to do it because of a pretty tight ship. Mr. LEAHY. Madam President, I ask the criticism he got from both Repub- After that, he joined Governor Ab- unanimous consent that the order for licans and Democrats, but as many of bott to serve as his legal counsel. He is the quorum call be rescinded. my colleagues told me would happen, now the general counsel for the Gov- The PRESIDING OFFICER. Without President Trump walked back his walk ernor and has spent all but 3 years of objection, it is so ordered. back. He reiterated that the inter- ference ‘‘could have been other people. his career in public service. TRUMP-PUTIN SUMMIT If I may say, it shows a depth of char- Mr. LEAHY. Madam President, as we There are a lot of people out there.’’ This morning on Twitter—where ap- acter and a devotion to his country all know, in this country, in 2016, the parently he does his deepest thinking— that Andy would stay in public service Russian Government weighed a covert, he claimed that people at the higher for so long, so dutifully, while forgoing multifaceted criminal campaign to ends of intelligence loved his press con- the great rewards that come with pri- interfere in our elections. We now ference in Helsinki. I do not think any- vate practice. He is devoted to the know it was intended to help then-Can- one here doubts that the President practice of law, and over the years, didate Donald Trump win the Presi- meant what he said and said what he Andy has displayed a keen under- dency. We don’t know the full impact meant in Helsinki. And, after their standing of the Constitution and how it of Russia’s interference, but it is be- two-hour private meeting in Helsinki, I applies and guides us to this very day. yond debate that it happened. do not think President Putin has any I am confident Andy will not sub- Russia, as we now found out, used in- doubt either. stitute his own policy preferences, his flammatory propaganda—it actually We have to know that Russia shares own opinions for the rule of law, but he was fake news—attempting to suppress neither our values nor our interests. will instead serve the people of Texas Democratic turnout and boost support Russia is not our friend. Of course, we and the American people by respecting for Donald Trump. They also stole want to see improved relations with the law as written—as written in the communications belonging to the Russia on Syria, on nuclear prolifera- Constitution and as written in Federal Democratic National Committee and tion, and on many critical issues, but law—passed by this Congress and the Clinton campaign, which were then for that to happen, Russia needs to re- signed by the President. Our courts and strategically released to maximize spect our democracy and values. We our country are well-served by judges their impact. They were released at must not slouch down to theirs. with this dedication, wisdom, and for- times when they could counter nega- The United States is the leader of the bearance. tive news stories about Donald Trump. free world. The free world is under In his career, Andy has argued across Just last week, 12 Russian intel- threat, as it has so often been. But the country in State and Federal ligence officers were charged with these threats are not supposed to come courts. He has appeared and argued nu- hacking campaign officials’ emails and from within. merous times before the Fifth Circuit, State election boards. In just over a Just moments ago, when asked if and he has argued twice before the U.S. year—in what may rank as the most Russia is still targeting the United Supreme Court. productive special counsel investiga- States, the President inexplicably said He has earned widespread praise from tion in our Nation’s history—32 people ‘‘no.’’ both Democrats and Republicans, and and 3 companies have been charged or That is not the truth. he was recommended to the Judiciary pled guilty as part of the Russian in- Russia is still targeting the United Committee by esteemed legal voices vestigation. We likely will not know States. This is despite his Director of from both the left and right. Andy is the full extent of Russia’s interference National Intelligence, Dan Coats, con- respected across the political spec- until the special counsel’s investiga- firming just last week that Russia is, trum. I know my colleagues in the Sen- tion is complete. indeed, still targeting our digital infra- ate will return the same respect when But what is clear—and this is what structure and interfering in our democ- they vote today to confirm Andy should concern Republicans and Demo- racy. Director Coats compared it to the

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.025 S18JYPT1 July 18, 2018 CONGRESSIONAL RECORD — SENATE S5043 warning signs that emerged prior to whether we stand for democracy; ther senator. If Mr. Bounds is con- the 9/11 attacks, but the President de- whether we stand for freedom, includ- firmed, it will mark the first time in nies it is happening. ing the freedom of the press; whether the history of the Senate that a judi- I know Director Coats. I served with we stand for the rule of law; whether cial nominee is confirmed despite oppo- him when he was a Republican Senator we stand for truth; and whether we sition from both home-State Senators. in this body. I know he would not say stand for America. As a Vermonter and My concern is not about a mere piece this if it were not so. Notwithstanding a Senator, I know where I stand. It is of paper. My concern is that we are the President’s saying that Russia is time we stand together. failing to protect the fundamental not targeting us, his own Director of BLUE-SLIP TRADITION rights of home-State Senators, and we National Intelligence says they are. We Madam President, I believe I have are failing in our constitutional duty can’t trust this President’s judgment colleagues on the floor who are going to provide our advice and consent on a when it comes to Russia. to make a unanimous consent request, President’s nominees. That should con- Remember, the President takes an but before they do, I feel obliged to cern all of us. The Senate should never oath to protect and defend our Nation. speak up about the steady erosion of function as a mere rubberstamp for When it comes to Russia, it appears he the norms and traditions that protect nominees seeking lifetime appoint- does not intend to abide by his oath to the Senate’s unique constitutional role ments to our Federal judiciary. defend and protect our Nation. This with respect to lifetime appointments Without blue slips, nothing prevents Congress is going to be derelict in its to our Federal courts. a California nominee from being ap- duty if it takes no action. We should all be alarmed by the Judi- pointed to a Texas court. Nothing pre- All of us have to speak with a single ciary Committee’s abrupt change in vents our State selection committees voice in this moment—Republicans and course when it comes to respect for from being completely ignored by the Democrats alike. We should all con- blue slips, which allow home-State White House. That is what we are see- demn the President’s actions, which Senators to have a word in what hap- ing today. The Oregon bipartisan judi- were as dangerous as they were shame- pens. This should concern us all. For cial selection commission overwhelm- ful. much of this body’s history, blue slips ingly voted that Mr. Bounds—who mis- These condemnations are important, have given meaning to the constitu- led the commission about his con- but words are not enough. Remember, tional requirement of ‘‘advice and con- troversial writings—did not deserve its Congress is a coequal branch of govern- sent.’’ They have protected the prerog- recommendation. Some may dismiss these warnings, ment. Remember that the Senate is atives of home-State Senators, and but I have served in the Senate long supposed to be the conscience of the they have ensured fairness and comity enough to know that winds tend to Nation. Let’s act like it. in the Senate. The President, obviously, can’t be When I was chairman of the Judici- change direction. Inevitably, the ma- trusted to keep his hands off of the ary Committee, under both the Bush jority becomes the minority. The Russia investigation. By denigrating it and Obama administrations, not a sin- White House changes hands. I suspect at every opportunity and by dismissing gle judicial nominee received a hearing Republicans will rekindle their love of blue slips if they find themselves in the its lead investigator last year, he has without first receiving both home- minority under a Democratic Presi- repeatedly failed the test. State Senators’ positive blue slips. Re- dent, as they did under President The Senate Judiciary Committee re- gardless of who was in the Oval Office, Obama and during my chairmanship. cently passed legislation with a strong I steadfastly defended blue slips be- That is precisely why maintaining a bipartisan vote. Republicans and cause I firmly believed in both their single, consistent policy with respect Democrats alike voted to protect the constitutional and institutional impor- special counsel’s investigation. That to blue slips is so critical. tance. I also firmly believed in the pre- That is why I will vote against Mr. legislation is before the Senate. Let’s rogatives of home-State Senators and Bounds. If we abandon our long- enact it into law. Let’s take what Re- the need to ensure that the White standing traditions to change partisan publicans and Democrats together said House works in good faith with those expediency, that provides only fleeting in the Judiciary Committee—that we Senators. advantage and inflicts lasting harm in will protect the special counsel’s inves- My decision to defend blue slips was this body. We are better off when we tigation. Let’s vote up or down. Let’s not without some controversy. I faced follow the tradition we always have. do it and enact it into law. significant pressure from my own par- We foolishly hurt ourselves and our in- It is often said that the only thing ty’s leadership to hold hearings for dividual States when we allow our- President Putin responds to is President Obama’s nominees who had selves to step away from it. I would strength. Let’s show him that here in not received positive blue slips from urge all Senators to ensure that home- the Congress, we stand united in oppo- Republican Senators. I was criticized State Senators are provided the same sition to his ongoing attempts to at- by liberal advocacy groups and major courtesies during the Trump adminis- tack our democracy. Believe me, they news outlets like the New York Times, tration that they received from both are ongoing right at this moment. but I resisted such pressure because I Republican and Democratic Judiciary Let’s pass stronger sanctions targeting believed then—and I still believe now— chairmen during the Obama adminis- him and the oligarchs who enable him, that certain principles matter more tration. I ask my fellow Senators to who continue to help him because they than party. oppose Mr. Bound’s nomination. become billionaires by doing it. Let’s All of us, whether Democrat or Re- I yield the floor. pass a resolution making it clear that publican, should care about good-faith The PRESIDING OFFICER. The Sen- if President Trump chooses to stand consultation when it comes to nomi- ator from Utah. with President Putin, then he stands nees from our own States. The reasons Mr. LEE. Madam President, I am alone. The European Union is not our for this are both principled and prag- about to engage in a brief colloquy foe. And President Putin is not our matic. We know our States. We know about a unanimous consent request friend. Our allies around the world, es- who is qualified to fill lifetime judicial with my colleague, the Senator from pecially those that have stood with us seats that will have a tremendous im- California. since World War II, are looking at us at pact on our neighbors and commu- I ask unanimous consent that, not- this moment. They are questioning nities. withstanding the previous order, I be whether the United States will be a re- This week, the Senate will vote able to have 5 minutes to do that prior liable partner in the face of creeping whether to confirm a nominee to the to the vote. authoritarianism, both at home and Ninth Circuit, Ryan Bounds, opposed The PRESIDING OFFICER. Without abroad. Let’s show them where we by not one but both of his home-State objection, it is so ordered. stand. Senators. Senators WYDEN and UNANIMOUS CONSENT REQUEST—S. 118 This is not about politics. It is not MERKLEY were cut out of the nomina- Mr. LEE. Madam President, as in leg- about Republicans or Democrats. This tion process entirely. The White House islative session, I ask unanimous con- is about who we are as a country and interviewed Bounds and fast-tracked sent that the Senate proceed to the im- what we stand for as Americans— his nomination without consulting ei- mediate consideration of Calendar No.

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.029 S18JYPT1 S5044 CONGRESSIONAL RECORD — SENATE July 18, 2018 297, S. 118; that the committee-reported While companies could legally boast Cassidy Hatch Portman substitute amendment be agreed to; this claim in 49 of the 50 States under Collins Heller Risch Corker Hoeven Roberts that the bill, as amended, be considered the Federal standards set by the Fed- Cornyn Hyde-Smith Rounds read a third time and passed; and that eral Trade Commission, they are often Cotton Inhofe Rubio the motion to reconsider be considered unable to do so because of the flow of Crapo Isakson Sasse Cruz Johnson made and laid upon the table. interstate commerce. Most manufac- Scott Daines Kennedy Shelby The PRESIDING OFFICER. Is there Enzi Lankford turers sell wholesale to national and Sullivan Ernst Lee objection? international distributors who then Thune Fischer McConnell The Senator from California. Tillis disperse products throughout the coun- Flake Moran Mrs. FEINSTEIN. Madam President, try. As a result, companies must label Gardner Murkowski Toomey reserving the right to object, I rise products according to the most rigid Graham Paul Wicker Young today to express concern with S. 118, definition in order to protect them- Grassley Perdue the Reinforcing American-Made Prod- selves from costly litigation. In short, NAYS—49 ucts Act, because it would preempt one State—one single State—is effec- Baldwin Hassan Peters California’s strong ‘‘Made in America’’ tively governing how interstate com- Bennet Heinrich Reed labeling standards. merce is conducted with regard to Blumenthal Heitkamp Sanders California requires that at least 90 Booker Hirono Schatz ‘‘Made in USA’’ labeling throughout Brown Jones percent of a final product be composed Schumer the country. Cantwell Kaine Shaheen of American-made parts to use the The Reinforcing American-Made Cardin King Smith label—the strongest standard in the Carper Klobuchar Stabenow Products Act would solve this problem Casey Leahy Tester Nation. by ensuring that the current Federal Coons Manchin Udall This bill would undo California’s Cortez Masto Markey definition is the supreme labeling law Van Hollen tough standard, setting instead a wa- Donnelly McCaskill in interstate commerce without weak- Warner tered-down national standard. Compa- Duckworth Menendez ening the strong ‘‘Made in USA’’ na- Durbin Merkley Warren nies could then confuse consumers by tional standard. In addition to uphold- Feinstein Murphy Whitehouse flooding the market with products sold ing the Constitution, which empowers Gillibrand Murray Wyden under the ‘‘Made in America’’ label Congress—this body—to regulate inter- Harris Nelson that were built using more foreign- state commerce, this legislation would NOT VOTING—1 made components. That is why the provide clarity and consistency, which McCain California attorney general and the would help American companies avoid The nomination was confirmed. Consumer Federation of California sup- unnecessary hardships and frivolous The PRESIDING OFFICER. Under port keeping California’s strong stand- lawsuits. the previous order, the motion to re- ards in place. In the global marketplace, it is in- The ‘‘Made in America’’ label should consider is considered made and laid creasingly difficult for small American upon the table and the President will promote U.S. manufacturing and give companies to stay afloat, let alone to consumers confidence that they are be immediately notified of the Senate’s compete. This reform would ultimately action. supporting American jobs. Consumers encourage manufacturing in America want to know that products bearing and use American tools and resources. f the ‘‘Made in America’’ label are truly It would also help so many of the small CLOTURE MOTION made in America. Because this would businesses and ordinary American undermine that confidence and pre- workers who are currently being left The PRESIDING OFFICER. Pursuant empt California’s strong standards, I behind, and helping them ought to be to rule XXII, the Chair lays before the believe this bill should not move by our goal. Senate the pending cloture motion, unanimous consent. Regretfully, for This bill passed unanimously out of which the clerk will state. those reasons, I object. committee, and it has broad bipartisan The senior assistant legislative clerk The PRESIDING OFFICER (Mr. COT- support. I am disappointed that it is read as follows: TON). Objection is heard. being blocked by the few people who do CLOTURE MOTION The Senator from Utah. not support it when it could benefit all We, the undersigned Senators, in accord- Mr. LEE. Mr. President, I appreciate 50 of our States. We should exercise ance with the provisions of rule XXII of the the comments made by my distin- this authority, and we should open the Standing Rules of the Senate, do hereby guished colleague, the Senator from move to bring to a close debate on the nomi- flow of interstate commerce. California. nation of Ryan Wesley Bounds, of Oregon, to I yield the floor. When Americans see a ‘‘Made in be United States Circuit Judge for the Ninth USA’’ label on a product, it is a source The PRESIDING OFFICER. All time Circuit. of great pride. It represents the Amer- has expired. Mitch McConnell, Roger F. Wicker, The question is, Will the Senate ad- Steve Daines, Richard Burr, Mike ican virtues of innovation and industri- Rounds, Bob Corker, Mike Crapo, ousness. It is a symbol of support for vise and consent to the Oldham nomi- nation? Thom Tillis, Chuck Grassley, John American manufacturing jobs and Boozman, Johnny Isakson, Orrin G. high-quality products across the board, Mr. LEE. Mr. President, I ask for the Hatch, John Cornyn, David Perdue, and it often spurs American consumers yeas and nays. John Barrasso, John Hoeven, Roy to buy those very products. The PRESIDING OFFICER. Is there a Blunt. The Federal Trade Commission cur- sufficient second? The PRESIDING OFFICER. By unan- rently enforces a difficult standard for There appears to be a sufficient sec- imous consent, the mandatory quorum products to claim the ‘‘Made in USA’’ ond. call has been waived. label. It requires that all or virtually The clerk will call the roll. The question is, Is it the sense of the all of a product must be made in the The bill clerk called the roll. Senate that debate on the nomination United States, and it has issued Mr. CORNYN. The following Senator of Ryan Wesley Bounds, of Oregon, to lengthy guidance documents estab- is necessarily absent: the Senator from be United States Circuit Judge for the lishing the rules. However, one State Arizona (Mr. MCCAIN). Ninth Circuit, shall be brought to a holds a different standard—one that is The PRESIDING OFFICER. Are there close? nearly impossible for businesses to any other Senators in the Chamber de- The yeas and nays are mandatory meet. Under California’s law, if more siring to vote? under the rule. than 5 percent of the components of a The result was announced—yeas 50, The clerk will call the roll. product are manufactured outside the nays 49, as follows: The senior assistant legislative clerk United States, even if that means just [Rollcall Vote No. 160 Ex.] called the roll. a few bolts or a few screws, then that YEAS—50 Mr. CORNYN. The following Senator product cannot be labeled ‘‘Made in Alexander Blunt Burr is necessarily absent: the Senator from USA.’’ Barrasso Boozman Capito Arizona (Mr. MCCAIN).

VerDate Sep 11 2014 05:58 Jul 19, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JY6.030 S18JYPT1