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Senate the Senate Met at 9:30 A.M E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION Vol. 151 WASHINGTON, WEDNESDAY, MAY 18, 2005 No. 66 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, EXECUTIVE SESSION called to order by the Honorable SAM PRESIDENT PRO TEMPORE, BROWNBACK, a Senator from the State Washington, DC, May 18, 2005. of Kansas. To the Senate: NOMINATION OF PRISCILLA Under the provisions of rule I, paragraph 3, RICHMAN OWEN TO BE UNITED PRAYER of the Standing Rules of the Senate, I hereby STATES CIRCUIT JUDGE FOR appoint the Honorable SAM BROWNBACK, a THE FIFTH CIRCUIT The Chaplain, Dr. Barry C. Black, of- Senator from the State of Kansas, to per- fered the following prayer: form the duties of the Chair. Mr. FRIST. Mr. President, I ask Let us pray. TED STEVENS, unanimous consent that the Senate Eternal Spirit, the fountain of light President pro tempore. now proceed to executive session to and wisdom, without Whom nothing is Mr. BROWNBACK thereupon as- consider calendar No. 71, the nomina- holy and nothing prevails, You have sumed the Chair as Acting President tion of Priscilla Owen to be United challenged us to let our lights shine, so pro tempore. States Circuit Judge for the Fifth Cir- that people can see our good works and cuit; provided further that the first glorify Your Name. f hour of debate, from 9:45 to 10:45, be Today, shine the light of Your pres- RESERVATION OF LEADER TIME under the control of the majority lead- ence through our Senators and illu- er or his designee; further that the minate our Nation and world. Permit The ACTING PRESIDENT pro tem- next hour, from 10:45 to 11:45, be under this light to be a beacon of hope for pore. Under the previous order, the the control of the Democratic leader or emerging democracies and a gleam of leadership time is reserved. his designee; and the time for debate encouragement for freedom fighters. f rotate in a similar manner every 60 Use this light to provide a model of pa- minutes; provided further that the Sen- tience and peace to a world searching RECOGNITION OF THE MAJORITY ate recess from 3:45 to 4:45 to accommo- for direction. LEADER date an all-Senators briefing; provided Lord, let this brightness bring hope The ACTING PRESIDENT pro tem- further that the time from 5:45 to 7:15 where there is despair, unity where pore. The majority leader is recog- be under the control of the Democratic there is division, and joy where there is nized. leader and the time from 7:15 to 7:45 be sadness. Remind each of us that it is under the control of the majority lead- better to light one candle than to curse f er or his designee. The ACTING PRESIDENT pro tem- the darkness. We pray in the Name of SCHEDULE the One Who is the Light of the World. pore. Is there objection? Amen. Mr. FRIST. Mr. President, today, we Mr. REID. Mr. President, reserving will begin debate on one of the judicial the right to object, first of all, I would f nominations pending on the Executive ask the distinguished majority leader PLEDGE OF ALLEGIANCE Calendar. In a moment, we will enter to amend his unanimous consent re- into a consent agreement to begin the quest to have the time begin when we The Honorable SAM BROWNBACK led consideration of Priscilla Owen to be complete our statements today. We the Pledge of Allegiance, as follows: United States Circuit Judge for the might not be at a quarter of the hour, I pledge allegiance to the Flag of the Fifth Circuit. but whenever that would be we would United States of America, and to the Repub- I have consulted with the Democratic rotate on an hourly basis. lic for which it stands, one nation under God, leader, and we hope to have an orderly Mr. FRIST. Mr. President, I have no indivisible, with liberty and justice for all. debate for Members to come to the objection. f floor to make their statements. To fa- The ACTING PRESIDENT pro tem- cilitate that process, we will rotate pore. Is there objection to the modified APPOINTMENT OF ACTING back and forth between the aisle every request? PRESIDENT PRO TEMPORE 60 minutes. I will have a short state- Mr. REID. Mr. President, I have an- The PRESIDING OFFICER. The ment, the Democratic leader will have other reservation. clerk will please read a communication a statement following mine, and then The ACTING PRESIDENT pro tem- to the Senate from the President pro we will begin the rotation back and pore. The Democratic leader. tempore (Mr. STEVENS). forth. I look forward to this debate, Mr. REID. Mr. President, I would ask The legislative clerk read the fol- and I hope all Members will take the the distinguished majority leader lowing letter: opportunity to participate. would we not be better off moving to ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S5373 . VerDate Aug 04 2004 05:34 May 19, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A18MY6.000 S18PT1 S5374 CONGRESSIONAL RECORD — SENATE May 18, 2005 get rid of—I don’t mean that in a pejo- The ACTING PRESIDENT pro tem- very difficult problems, and it sur- rative sense—but clear the calendar of pore. The majority leader. prised everyone. four, at this stage, noncontroversial Mr. FRIST. Mr. President, I would be The distinguished Senator from Mas- judges? We could move to Thomas Grif- happy to look at the letter and request sachusetts and now retired Senator fith, who is on the calendar. We could of the administration, what requests Phil Gramm were the people who saved move to discharge and consider the are made in the letter, and see what the day—two people who battled ideo- Michigan Circuit Court nominees, Grif- their response would be. logically for a combined total of 40 or fin, McKeague, and Neilson. We could In the meantime, Mr. President, 50 years. Basically, because of them, we get time agreements on all those. We what I would like to do is proceed with resolved an extremely difficult issue as would have four circuit judges. They Priscilla Owen, who is a qualified to how the impeachment would be han- would be able to go to work within a nominee, who is a nominee we are dled. few days—actually go to work. Other- going to have a lot of debate on back So I would ask my distinguished wise, they are going to be waiting until and forth, to determine whether or not friend, the Republican leader, to con- we go through all of this. It would she is out of the mainstream, as people sider joining with me and having, in seem to me that would be the better say. We will go through regular order the next day or so—hopefully today— thing to do. So I would ask the distin- and take these nominees the President have all of us retire to the Chamber guished majority leader if he would has submitted to the Judiciary Com- and sit down and talk through this agree that we could move to these, mittee, who have been fully evaluated issue and see if there is a way we can with reasonable time agreements, prior in the Judiciary Committee, and who resolve this short of this so-called nu- to moving to Priscilla Owen? now are on the Executive Calendar clear option. I think it would be good The ACTING PRESIDENT pro tem- ready for business. for the body. I think it would be good pore. The majority leader. So we are going to begin that debate for the American public to see we are Mr. FRIST. Mr. President, through shortly. able to sit down in the same room and the Chair, we have given careful con- Mr. KENNEDY. Well, reserving my work things out. I am not sure that we sideration of which would be the most rights further, Mr. President, as I un- could, but I think it would be worthy of appropriate person to begin with. It is derstand, there is a new nominee who our efforts. Nothing ventured, nothing Priscilla Owen. So we will proceed with is on the Executive Calendar, Brian gained. I would ask my friend if he Priscilla Owen. There are five people Sandoval of Nevada, who has general would consider following the sugges- on the Executive Calendar, and our in- broad support. Is he not a nominee we tion of Senator BENNETT of Utah. tention would be to debate these nomi- could confirm in a matter of moments The ACTING PRESIDENT pro tem- nees, one by one; and hopefully, as here? We could at least take care of pore. The majority leader. other nominees come out of the Judici- that vacancy. Mr. FRIST. Mr. President, as always, ary Committee, to take them up as Mr. FRIST. Mr. President, I do not we will take into consideration all sug- well. So we will be proceeding with believe he is on the Executive Cal- gestions and be happy to talk to the Priscilla Owen. endar. To the best of my knowledge—at leadership on both sides of the aisle as Mr. REID. Mr. President, one further least he is not on the Executive Cal- to whether that suggestion is the most statement.
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