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Congressional Record—Senate S8292 S8292 CONGRESSIONAL RECORD — SENATE September 5, 2002 that they would be activists who would panies so many of President Bush’s cir- That is why I cosponsored Senator legislate from the bench.’’ While we cuit court nominees. Judge Raggi was FEINSTEIN’s ‘‘Military Sniper Weapon may differ on whether a judge’s record reported out unanimously today. In- Regulation Act,’’ S. 505. This bill would evidences judicial activism, Repub- deed, since the change in majority less change the way .50 caliber guns are licans can hardly now be saying that than 15 months ago, the Committee has regulated by placing them under the such inquiry is inappropriate. worked hard to report 80 judicial nomi- requirements of the National Firearms Another Republican Senator argued nees to the Senate. They include a Act. This action would subject these in 2000 in defense of his record of stall- number of very conservative judges. weapons to the same regimen of reg- ing Senate consideration of judicial I have made suggestions to the White istration and background checks to nominees voted out of the Judiciary House for improving the nominations which other weapons of war, such as Committee that having ‘‘strong quali- and confirmations processes but those machine guns, are currently subjected. fications and personal attributes,’’ suggestions continue to be rebuffed. I This is a necessary step to assuring the being ‘‘fine lawyers [who] are tech- wish the White House would work with safety of Americans. nically competent’’ was not the test. us rather than stridently insist on Mr. President, .50 caliber weapons are He said then: ‘‘My concern is with their seeking to skew the federal courts too powerful and too accessible to be judicial philosophies and their likely ideologically. ignored. Tighter regulations are need- activism on the court. Judicial ac- f ed. I urge my colleagues to support tivism is a fundamental challenge to Senator FEINSTEIN’s bill. LOCAL LAW ENFORCEMENT ACT our system of government, and it rep- f resents a danger that requires constant OF 2001 COMMEMORATING SGT. FIRST vigilance.’’ He went on to say that the Mr. SMITH of Oregon. Mr. President, CLASS CHRISTOPHER JAMES Senate should not defer to the Presi- I rise today to speak about hate crimes SPEER dent ‘‘if there is a problem with a se- legislation I introduced with Senator ries of decisions or positions [judicial KENNEDY in March of last year. The Mr. DOMENICI. Mr. President, as we nominees] have taken.’’ Local Law Enforcement Act of 2001 meet here just days from the anniver- Another Republican Senator said in would add new categories to current sary of the terrorist attacks on our 1998 that the Republicans were ‘‘not hate crimes legislation sending a sig- country, it is my sad duty to report abusing our advise and consent power. nal that violence of any kind is unac- that another of my statesmen has lost As a matter of fact, I don’t think we ceptable in our society. his life in the war on terror. Sergeant have been aggressive enough in uti- I would like to describe a terrible First Class Christopher James Speer, a lizing it to ensure that the nominees to crime that occurred in August 2001 in former resident of Albuquerque, NM, the Federal Bench are mainstream St. Paul, MN. Two men leaving a Ku died on August 7, 2002 as a result of nominees.’’ Klux Klan rally attacked a four year wounds he sustained during a firefight Yet another Republican said in 1994: old boy of mixed race. The attackers with suspected terrorists in Afghani- ‘‘My decision on a judicial nominee’s pushed the boy off his bicycle, yelled stan. Today, I want to take a few mo- fitness is based on my evaluation of racial epithets, and punched the child ments to convey my condolences to the three criteria: character, competence in the side of the head. Speer family, and to talk a little bit and judicial philosophy—that is, how I believe that Government’s first about who this special young man was. the nominee views the duty of the duty is to defend its citizens, to defend Christopher Speer was a 1992 grad- court and its scope of authority.’’ them against the harms that come out uate of Sandia High School in Albu- There are numerous other examples, of hate. The Local Law Enforcement querque. Upon graduation, he enlisted of course, but these suffice to make the Enhancement Act of 2001 is now a sym- in the United States Army and became point. bol that can become substance. I be- a medical specialist. In 1994, he volun- I ask that my full statement in oppo- lieve that by passing this legislation teered for and was selected for Special sition to the nomination of Justice and changing current law, we can Forces training. After completing this Owen from the Judiciary Committee change hearts and minds as well. training, he was assigned to the 3rd consideration be included in the f Special Forces Airborne Group at Fort RECORD at the end of these remarks. It Bragg, North Carolina where he served focuses on the merits of the nomina- SITTING DUCKS as a medical sergeant. Last spring, tion, as did Senator FEINSTEIN, Senator Mr. LEVIN. Mr. President, last week Christopher was sent to Afghanistan as KENNEDY, Senator SCHUMER, Senator the Violence Policy Center, VPC, re- part of a Joint Special Operations task DURBIN and Senator DEWINE. A few of leased a report entitled Sitting Ducks force. the statements in the two-hour debate detailing the danger of the .50 caliber On July 27th of this year, Christopher before the Committee were not helpful sniper rifle as a terrorist threat to, took part in a U.S. operation aimed at to a reasoned debate, but by and large among other things, refineries and haz- confirming intelligence about enemy the Committee debate was on the mer- ardous-chemical facilities. According activities in one of the most dangerous its. That followed an extensive hearing, to the VPC’s report, the .50 caliber parts of Afghanistan. During that oper- that lasted six hours, which Senator sniper rifle, equipped with explosive or ation, our troops were ambushed and a FEINSTEIN chaired fairly and patiently. armor-piercing ammunition, is capable four-hour gunbattle ensued. During A thorough hearing and a fair vote is of hitting a target accurately from this battle, five American personnel what Justice Owen’s nomination re- more than a thousand yards away mak- were wounded, and one of them—Chris- ceived from the Committee. ing it well suited to attack fuel tanks topher Speer—lost his life. For his The name-calling, threats, tactics of and other high-value targets from a valor and ten years of dedicated service intimidation and retaliation are not distance. to country Christopher received the helpful to the process. Holding up im- The VPC report highlights the dan- Soldier’s Medal, the Bronze Star with portant legislative initiatives is harm- ger of a .50 caliber sniper rifle being ‘‘V’’ device, the Purple Heart, the De- ful. Holding up ‘‘the comma bill’’ and used in a simple conventional attack fense Meritorious Service Medal, the threatening Democrats that they will with potentially disastrous results. Meritorious Service Medal, the Army be barred from Air Force One are silly. The weapon is not only readily avail- Commendation Medal and two Army Today the Senator Judiciary Com- able, ‘‘low technology’’, but a .50 cal- Achievement Medals. mittee reported a conservative Repub- iber sniper rifle is so powerful that it In addition to patriot, Christopher lican nominee to the Senate for a va- has been said to be able to wreck sev- was very much a family man, as well. cancy on a Court of Appeals. This eral million dollars’ worth of jet air- And for those family members who nominee, Judge Reena Raggi, was first craft with one or two dollars’ worth of knew him best and loved him most, appointed by President Reagan and she ammunition. this September 9th will be especially came before the Committee with Despite its obvious power, under cur- difficult. Because on that day, Chris- strong bipartisan support and without rent law .50 caliber sniper rifles are no topher was to have turned 29 years old. the divisive controversy that accom- more regulated than hunting rifles. To Tabitha, his wife; to Taryn and .
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