November 29, 2018 CONGRESSIONAL RECORD — SENATE S7199 I prevail upon the conscience of my counsel because there is no way Presi- I have heard people talk about the Republican colleagues, who I know dent Trump will interfere with the in- humanitarian crisis at the border there want to be fair to this man, look at the vestigation is flatout absurd. at Tijuana caused by this huge caravan body of evidence impartially. There is I once again call on my friend the of Central Americans who want to simply a preponderance of evidence majority leader to schedule a vote on storm the barriers and enter the that Mr. Farr was involved, often inti- the bipartisan bill to protect the spe- United States illegally, and people mately, in decades of voter suppression cial counsel. If he continues to refuse, question why would we stop them, why in North Carolina. The standard for we will push for the bill in the yearend would they use nonlethal means like this vote is not whether or how Mr. spending agreement. tear gas and pepper spray like Presi- Farr should be punished or excoriated I yield the floor. dent Obama did during his administra- for what he did but a much higher one: tion and which now Customs and Bor- f whether a man with this history de- der Protection is doing again in order serves to be elevated to a lifetime ap- RESERVATION OF LEADER TIME to protect the sovereignty of our coun- pointment on the Federal bench. The PRESIDING OFFICER. Under try and to protect our borders from those who would enter it illegally. Whether you are Republican or the previous order, the leadership time So let’s not look at this through a Democratic, a liberal or conservative, is reserved. that has to be—has to be—disquali- soda straw. Let’s open up the aperture fying for a seat on the Federal bench. f and look at the larger problem because f CONCLUSION OF MORNING it is a very serious problem, and it af- BUSINESS fects many lives, both here, in Mexico, SPECIAL COUNSEL INVESTIGATION and in Central America. Mr. SCHUMER. Madam President, The PRESIDING OFFICER. Morning Our Democratic colleagues have of- now, on another matter, the special business is closed. fered a lot of criticism of the Trump counsel investigation. f administration when it comes to bor- To date, the special counsel’s inves- der security, but anytime you ask tigation has produced no less than 35 EXECUTIVE SESSION them, well, what is your solution, what indictments or plea deals—35—and that are you offering as an alternative, it is does not include two additional guilty crickets—complete silence. In other pleas of people initially investigated by EXECUTIVE CALENDAR words, they are not offering any con- Mueller but were handed off to other The PRESIDING OFFICER. Under structive solutions, just criticism. Our branches of the Justice Department. the previous order, the Senate will pro- constituents deserve more than just for Just this morning, Michael Cohen ceed to executive session and resume us to criticize one another. They de- has pled guilty to lying to Congress consideration of the following nomina- serve our working together to try to about projects in Russia. tion, which the clerk will report: come up with solutions. It is a reminder that there has been a The senior assistant legislative clerk read This is a crisis that has arisen as a remarkable volume of criminal activ- the nomination of Thomas Alvin Farr, of result of our inability to acknowledge ity uncovered by the special counsel’s North Carolina, to be United States District that this is a failure to enforce our im- investigation. No one, especially not Judge for the Eastern District of North Caro- migration laws, a failure to fix our bro- the President, can credibly claim that lina. ken immigration system, and a failure the investigation is a fishing expedi- The PRESIDING OFFICER. The ma- to secure our borders. tion. Calling Mueller’s investigation a jority whip. Coming from Texas, representing 28 witch hunt is just a lie—plain and sim- BORDER SECURITY million constituents in a State which ple, a lie. has a 1,200-mile common border with Mr. CORNYN. Madam President, the The President’s actions clearly show Mexico, this affects my constituents in clock is ticking and the days are pass- he has a lot to hide, that he is afraid of my State directly. We are at ground ing us by, but we know we have a dead- the truth, and doesn’t want Mueller or zero, and I have tried my best to get line to meet on December 7, and if we anyone else to uncover it, but it hasn’t educated about the problem and poten- don’t meet that deadline, then there stopped the President from repeating tial solutions. My trips to the border, will be a lot of lives disrupted and a lot these lies. In fact, in recent days, talking to people in border commu- of people will say: There they go again. President Trump has escalated his at- nities who live and work in those com- Congress is unable to work together to tack on Special Counsel Mueller. Al- munities, talking to our heroic Border try to solve problems, just creating most daily, the President’s Twitter Patrol agents, and visiting our ports of feed is littered with baseless accusa- more distrust and undermining con- entry where millions and even billions tions about the investigation. Presi- fidence in our ability to actually do of dollars of commerce flow legally be- dent Trump retweeted an image of sev- our job to govern. tween the United States and Mexico— eral of his political opponents, includ- What I want to talk about specifi- that is important not only to our bor- ing Deputy Attorney General Rosen- cally is this fight over border funding der communities but to jobs in the stein, behind bars. Can you believe because that is what the deadline is on United States. that? The Deputy Attorney General be- December 7. Our Democratic friends The border communities that rely on hind bars? And this is the man—the have said: We are not going to fund the flow of legal commerce through our President—our Republican colleagues President Trump’s wall. On the other ports know that without border secu- refuse to call out against? hand, we see caravans of people coming rity, legitimate trade can easily be Just yesterday, President Trump said from Central America, coming through brought to a standstill. In fact, that is this about a potential pardon for Paul Mexico, closing down the ports of entry exactly what has happened at San Manafort, now accused of lying to pros- at the San Ysidro bridge between Ti- Ysidro, the port of entry between Ti- ecutors and violating his plea agree- juana and San Diego. What I fear is, we juana and San Diego. They had to shut ment. He said: have made a parody out of what the down the port of entry. So people I wouldn’t take it off the table. . . . Why problem is. We have thought about the whose jobs depend on those ports of would I take it off the table? challenge of border security and immi- entry and the trade and commerce that That is a pardon. gration in too small a way and not goes on between our countries, they Let’s not forget, President Trump given the complete picture of what the are the ones who are being hurt by the has already fired the Attorney General challenges really are. uncontrolled disruption of legal immi- and replaced him with a lackey with- I just have to believe that if we were gration. Any disruption of legitimate out Senate approval. The nominee’s willing to acknowledge the facts, that trade has an immediate impact on the only qualification seems to be that he we would be more inclined to work to- businesses and the employees and af- has a history of criticizing the special gether to solve the problem, and I feel fects the livelihoods of our border resi- counsel. like we are looking at these problems dents. So this idea that we don’t need to like we are looking through a soda An unsecured border creates avenues pass legislation to protect the special straw. for the entry of drug cartels and

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.004 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7200 CONGRESSIONAL RECORD — SENATE November 29, 2018 transnational criminal gangs to exploit the border. So it is a method of dis- work together to try to stop it. We because they are the same people who tracting the Border Patrol and law en- know that gangs control much of El are facilitating the passage of migrants forcement in order to exploit that vul- Salvador, and as a result, many Cen- from Central America to our borders. nerability for the purposes of bringing tral Americans have their lives and Those are the same people who are those drugs into the United States. safety threatened daily. It is no wonder transiting the heroin, 90 percent of When I want to learn more about they try to flee. which comes from Mexico, which con- what is happening at the border, I talk But the United States cannot bear tributes to our opioid crisis in the to my constituents in the Customs and the burden of this crisis alone. I believe United States. Border Protection business, such as the United States is the most generous As I mentioned before, last year the Chief Manny Padilla, who is the Chief country in the world when it comes to Centers for Disease Control estimates of the Rio Grande Valley Sector of the legal immigration. We have always 72,000 Americans died of a drug over- Border Patrol, and Border Patrol Chief considered ourselves a nation of immi- dose—about 50,000 of those from some Carla Provost. Customs and Border grants, but we are also a nation of form of opioid, either prescription Protection does all it can do with the laws, and we see what happens when drug, synthetic fentanyl, or heroin tools available to it to stop flows of il- the law is ignored and when Congress coming across the same borders these legal immigration and to stop illegal fails to fix the problem to the best of migrants are attempting to storm contraband, including drugs, from our ability. across. making it across the border, but they We have seen uncontrolled illegal im- The people who are organizing that, need our help. We basically have not migration. We see thousands of people as I said, are the same people. They are given them the tools they need in order banding together in caravans trying to the drug cartels that are getting rich to do the job we have asked them to do. storm our ports of entry into the coun- because we have not found a way to Shame on us. try, overrun our Customs and Border come together to fix our border, to re- We know the cartels are cunning. I Protection personnel. Until we deal form our laws, and come together to have seen produce that appears to be with this problem, new caravans will try to protect the people we represent watermelons or other vegetables that continue to arrive on a daily basis. In in the process. We know that the basically contain heroin or fentanyl or fact, they have. It is just now in the gangs, the cartels, and the some other illegal drug. The creativity news because it is so large. We have transnational criminal organizations of the cartels is amazing. I have seen had literally many caravans show up are ever evolving. They are always them put human beings, migrants, into on a daily basis, but that doesn’t make adapting. They spread terror, they prey the upholstery of a seat in a car so a lot of news. As I said, 400,000 people on the weak, and they have taken con- they are obscured or pack them into a were detained on the southwestern bor- trol of large swaths of Mexico and Cen- truck or put them in an 18-wheeler— der in 2017 alone. tral America. They are, as I have said unfortunately sometimes leaving them What is frustrating is that the tools before, commodity-agnostic—they to die as a result of exposure to heat we need to address these problems are don’t really care whether they are traf- and other conditions. We also know at hand and available to us. We can ficking children for sex or heroin that that these same organizations traffic begin to work together to fight these will cause an overdose in the United women and children through Central gang cartels and organizations and se- States or a migrant who just wants a America and enslave them, essentially, cure our border by partnering with the better life in the United States, be- here in the United States. They traffic governments of Central America and cause they do want a better life. The them for sex—again, to generate Mexico because our War on Drugs, our same people facilitate that for money. money because that is all they care effort to provide safety and security to On average, I have read that a mi- about. our constituents, is part of their war grant from Central America has to pay The operations of these cartels are too. It is a fact that border security about $8,000. You multiply that $8,000 increasingly sophisticated, and they doesn’t begin at our southern border; it times thousands and thousands. Last are always diversifying their income ends at our southern border. It starts year, in 2017, there were almost 400,000 streams to avoid detection and defeat in Central America and Mexico. migrants detained at our southwestern our efforts to stop it. They are stra- I know it is sometimes difficult to border. Just multiply that number by tegic about when and how they cross grasp the complexity of these prob- $8,000, and you get just a glimpse of the border, and they have developed lems, and that is why it is so tough to what we are talking about in the huge this strategy over many years. resolve them. There are social, polit- criminal enterprise. We are continuing To put it simply, they are taking ad- ical, historical, and moral aspects to to enrich these cartels and vantage of and exploiting our inability all of them. Many people and facets of transnational criminal organizations to deal with our porous border, and a our society are implicated. when we fail to do our job when it lot of innocent people are getting hurt Because of corruption and powerful comes to securing our border and fixing in the process. criminal organizations in Mexico and our broken immigration system. Again, this is about more than just Central America, a genuine rule of law This is more than just about whether funding President Trump’s border wall; is missing in many parts of these coun- President Trump gets his money for this is about our pulling back and look- tries, and it has been for a long time. the wall. As a matter of fact, many of ing at the complexity of this problem That is why it is so important for us to our Democratic colleagues voted in—I and using our very best efforts in order work together with these countries in think it was 2006 for the Secure Fence to stop it. But somehow it becomes Central America and with Mexico to Act, which called for 700 miles of se- trivialized over a fight over tactical in- help them stabilize their governments, cure fencing along the southwestern frastructure that our Democratic col- root out the corruption, and stop the border. So they have already voted for leagues have already voted for in the violence, which will benefit them and tactical infrastructure that is part of past under the Secure Fence Act. their economy, as well as the United the piece of the puzzle of securing our Well, the instability and violence States. These countries can in turn re- border; yet they stand intransigent created by the criminal organizations store the relationship between their against our effort to try to improve in Central America and Mexico over government, their law enforcement, border security now even though they the last few years are part of the strat- and their people. When their people have supported similar funding in the egy. Violence, unfortunately, is at an begin to see opportunity and safety in past. alltime high in Mexico. That is one of their home countries, making the long As I said, we know that the cartels the reasons President Lopez Obrador haul from Central America to the are very shrewd, adaptive, and are al- was elected. He said he wanted to de- United States becomes less of an im- ways evolving. They know that if they crease the violence in Mexico. I learned perative and less of a necessity for can tie up the Border Patrol with proc- recently that more people have died in them. They would probably be happier essing children and family units, those Mexico since 2007 than have died in the staying at home if they could do so same Border Patrol agents aren’t avail- wars in Afghanistan and Iraq com- safely and enjoy some modest pros- able to stop the drugs that come across bined. It is terrible, and we need to perity.

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.005 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7201 We have already had some successes quest for border security measures, we Let me they tell you something else in partnering with our closest neighbor need to get to work and fix our broken a violation of human rights leads to: in the crisis; that is, the Government immigration system. I hope our friends radicalization. When you violate a of Mexico. I believe we can and should across the aisle are ready to leave their group of people, you mistreat them and continue to build on some of the things criticism behind and join us in solving abuse them; you leave them ripe for we have already put in place. the problem. radicalization—for a radical group to We have already partnered with Mex- UNANIMOUS CONSENT AGREEMENT—EXECUTIVE come in and basically pull them in and ico in recent years through programs CALENDAR say: We are the ones with the power, like the Merida Initiative to combat Madam President, on another mat- the weapons, and willingness to fight. drug trafficking, organized crime, and ter, I ask unanimous consent that the Join us to go after your oppressors. money laundering. order with respect to the vote on Exec- In fact, if you look at what is hap- We have directed funds toward utive Calendar No. 626 be vitiated; that pening in Yemen, much of it and the strengthening communities and em- notwithstanding rule XXII, it be in Houthis comes from years of abuses powering the Mexican criminal justice order to proceed to the nomination the against the Shia. It doesn’t justify the system and judicial system to combat week of December 3; and that if the radicalization, but it explains that, as the rampant culture of impunity. motion is agreed to, the Senate vote on it does what we have seen in Iraq and We have collaborated on intelligence confirmation with no intervening ac- in Syria. matters and cooperated on providing tion or debate. I further ask that if Here is one other thing that happens various forms of security. confirmed, the motion to reconsider be with human rights abuses. The abusers The Bureau of International Nar- considered made and laid upon the often get overthrown. Here is the prob- cotics Control and Law Enforcement table and that the President be notified lem. When an abusive government that Affairs continues to work to develop immediately of the Senate’s action. I violates human rights gets overthrown, programs to combat international nar- further ask unanimous consent that the people who take over hate us be- cotics and crime, especially in Central the pending cloture vote on the Kobes cause we have been supporting their America, but U.S. funding for this pro- nomination occur at 12 noon today. abusers. These are practical reasons gram in Mexico has stagnated. Why? The PRESIDING OFFICER. Is there why human rights matter. Because we somehow fixed the prob- objection? And there is a moral one. Perhaps in lem? No. It is because we have taken Without objection, it is so ordered. the ranking and order, that is the most our eye off the ball once again. Mr. CORNYN. Madam President, I important one—the moral one. It is be- Additional aid for these programs yield the floor. cause that is what makes us different would help not only improve drug The PRESIDING OFFICER. The Sen- from China and Russia and other coun- interdiction and train Mexican law en- ator from Florida. tries around the world. This is what forcement and judicial personnel, it YEMEN makes America different. In fact, I would help them help us work together Mr. RUBIO. Madam President, we would say that the murder of Mr. to combat the threats of these saw yesterday that the vote on the Khashoggi is more about us. When it transnational criminal organizations. Yemen War Powers Resolution has comes to our debate, it is about us. It We should begin to look at the effec- brought to light the broader issue of is not just about him. It is about us tiveness of these programs so we can our alliance with Saudi Arabia. This is and who we are and about whether we, take full advantage of the work they an issue that people have heard a lot as a nation, are prepared to excuse, do and make sure they are modernized about, obviously, in the last few weeks overlook, or sort of brush away this and are more efficient and more effec- with the murder of a journalist, and horrifying incident because somebody tive. the Yemen resolution vote has become buys a lot of things from us or pro- I was encouraged to see that the a proxy over that matter. duces a lot of oil. State Department, the Department of I have been outspoken in the past Assuming we can mostly agree on Homeland Security, and the Trump ad- about why it matters that we speak that, the question is, What do we do ministration have already begun to ne- out strongly about and against the about it? There is this false choice that gotiate new partnerships with Mexico murder of this journalist, Khashoggi, has been presented to us. This false to implement a new strategy to address but also that we talk more broadly choice is that there are only two some of the migrant flows from Central about what we need to do about it and choices: Either ignore it or abandon America. I appreciate Secretary how it applies to our alliance with and fracture the Saudi alliance. That is Nielsen’s and Secretary Pompeo’s work Saudi Arabia. not true. There are other choices. It is with Mexican officials—primarily I want to tailor my comments today not just either-or, those two. That is a those associated with the incoming ad- by briefly talking about exactly what false choice. ministration of President Lopez the implications are based on the ques- What I do believe is the wrong thing Obrador—toward an arrangement tions I get from people. Why does the to do about it is to pull and yank away where migrants can seek asylum in the murder of Khashoggi matter, and why our support for Saudi operations in United States but wait in Mexico while should we care about it? Yemen. Let me explain why. The first their claims are being processed. First, this is part of a pattern. The is, right now, the only hope of ending I look forward to attending the inau- Crown Prince, who is effectively gov- that is not winning an armed conflict; guration of Mexico’s incoming Presi- erning Saudi Arabia now, has been con- it is a peace negotiation. And the peo- dent this Saturday with Vice President tinually testing the limits of the ple who have to be at that table aren’t PENCE and other Members of Congress. world’s patience and also the limits of just the Houthis but the deposed Yem- I think this is—hopefully—a gesture our alliance. There is a pattern here. eni President, who is in Saudi Arabia. that will be appreciated and recip- We have seen it. He kidnapped, over 2 If we yank our support, the chances of rocated when it comes to our desire to weeks, the Prime Minister of Lebanon. that peace happening diminish signifi- work closely with this new administra- He has fractured an alliance that once cantly. In fact, the Houthis probably tion to address many of the problems existed with the Gulf Kingdoms. All of say: The Saudis no longer have U.S. that I have talked about this morning. it has implications on U.S. national se- support; they are not as strong as they Ignoring this problem is not going to curity. So this is just one more esca- used to be; I think we can beat them; make it better; it is only going to get lation in a pattern of testing the limits we don’t need a peace deal. So it actu- worse. Working together—not just here of our alliance. ally makes peace less likely. in Congress but with the administra- Then there are human rights. Why do The second thing, from a practical tion and our partners to the south—to human rights matter? For a practical perspective, is that we will have less secure our borders is the only path for- reason, human rights matter. From a influence how the Saudis conduct the ward. Solving this crisis takes a whole- practical perspective, when human war, meaning that we will have no government strategy and one that rights are violated, the result is a hu- standing to have any influence whatso- looks at all pieces of the puzzle. manitarian crisis, as we have seen ever who they bomb, how often they Instead of shutting down the govern- often around the world, which often bomb, and who they target. Some peo- ment by refusing the President’s re- leads to mass migration. ple argue that they will not have the

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.007 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7202 CONGRESSIONAL RECORD — SENATE November 29, 2018 weapons to do it with. That is not true. in Saudi Arabia around the royal fam- self because he goes too far. He needs If you don’t think you can buy weapons ily, around the government, who deep- to be stopped now. He needs to under- from immoral and amoral regimes ly enjoy being able to invest and spend stand that there are limits or he will around the world, you are wrong; they their wealth in the United States and keep testing those limits. If we fail to can. If you think that somehow this around the world. They are going to do that at this moment, we will live to will end their engagement, you are care a lot if, as a result of this murder, regret it, and its implications will be wrong. The reason they are involved in they lose access to their money, to extraordinary, and it will be a gift to Yemen is that they feel it is an effort their property, to their visas. That is a Iran. by Iran—and, rightfully, they feel this real leverage point that we have. That is my last point. What happened way—to encircle them. We have additional tools: religious here has been a gift to Iran. What they If you look at it today, Iran is their freedom sanctions and visa bans have done has been a gift. Instead of enemy. Iran now controls large parts of against other individuals who may not weakening their enemy, they have em- Syria and is probably the closest gov- have been involved in the Khashoggi powered them. We do need to take posi- ernment in the world to the Syrian re- incident but, again, another leverage tive action on this. We do need to take gime to their northwest. Iraq is closer point. things that change and recalibrate this to Iran than it has ever been in the last We have leverage points in restrict- relationship, but yanking support at 20 years to the north. Iran is to their ing U.S. investment. One of the biggest this moment from the Yemen cam- east. Yemen would be to the south with proposals the Crown Prince is making paign is the wrong way to do the right the Houthis operating from there. They is that he wants to diversify their thing. feel that they are being encircled by economy and encourage U.S. and West- I hope that many of my colleagues, Iran. They are going to fight, whether ern investment into their economy. who yesterday voted to discharge this we help them or not. We could lose our Placing restrictions on that invest- bill to the floor to send a clear message influence over how they do it. ment is a significant leverage point. to the administration that they are un- I want to tell you one more thing We should use this opportunity to happy with the response so far—I hope that will happen. If we pull our sup- use those leverage points to achieve they will reconsider an alternative way port, the chances of a broader, cata- real changes in our alliance and real forward that doesn’t lead to these con- strophic conflict increases dramati- changes in their behavior. For exam- sequences I have outlined but allows us cally. I will lay one scenario out for ple, the release of Mr. Badawi, an ac- in the Senate to lead the way with the you. If we pull our support, the Houthis tivist in Saudi Arabia who has been re- administration to reset this relation- get confident, and they start launching peatedly flogged in the past and un- ship in a way that avoids these prob- rockets into Saudi Arabia, targeting justly held in prison—he should be re- lems in the future and lives up to our civilian populations and members of leased. The release of Saudi women ac- heritage as a nation whose foreign pol- the royal family and killing people. tivists who have been tortured and sex- icy is infused with and supports the de- The Saudis respond with dispropor- ually harassed while in custody—they fense of human rights all over the tionate force or the same level of force, should be released. Education re- world. and we begin to escalate. They will not forms—Saudi Arabia should finally I yield the floor. just respond against the Houthis. They stop publishing these textbooks en- The PRESIDING OFFICER (Mr. SUL- may respond against the Iranian inter- couraging and teaching anti-Semitism LIVAN). The Senator from New Jersey. ests elsewhere. Suddenly, you have a and radicalization and dangerous reli- NOMINATION OF THOMAS FARR real live shooting war that extends be- gious notions and theologies that en- Mr. MENENDEZ. Mr. President, I yond this proxy fight. In response to courage violence against others. We rise today in opposition to the nomina- that, the Houthis and Iranians use should require them to restore the Gulf tion of Thomas Farr to the Eastern their presence on the coast and that alliance and restore their relationship District of North Carolina. Those who port city to close off an important with Qatar. If they don’t, we will. We sit on the Federal bench are bound to chokepoint, the Bab el-Mandeb, that should force them to stop funding these uphold the Constitution for all Ameri- choke point in the Red Sea that con- Wahhabi schools around the world, in cans, regardless of race, gender, eth- nects the Mediterranean to the Indian which they are exporting nicity, or political leaning, but Mr. Ocean, where over 4.8 million barrels of radicalization. Farr cannot be trusted to defend equal oil a day go through. They start bomb- All of these things need to happen. justice under the law. ing oil tankers. They start hitting There may be other conditions we Working to disenfranchise voters those, and all of a sudden, the world haven’t thought of. These are real con- with a particular hostility toward Afri- has to get engaged to open that up. sequences that will begin to realign can-American voters has been his life- This holds the real potential for a rapid this alliance and make very clear that long passion. Consider his work for escalation that could involve a much this is an important alliance, but it is Jesse Helms’ 1990 Senate campaign. We broader conflict than what we are see- not one that is unlimited or without all know Helms’ record on race. ing right now. restrictions or expectations on our When the Justice Department I know that many of my colleagues part. brought a lawsuit against the Helms yesterday voted for this resolution out If we fail to do this, the Crown Prince campaign for sending over 100,000 post- of deep frustration. It was a message to will take further escalatory and out- cards to mostly African-American vot- the administration that the way they rageous actions in the future. He will ers, falsely warning them that they handled this Khashoggi incident is un- keep pushing the envelope. This is a were ineligible to vote and could be acceptable. I hope that message has young man who has never lived any- prosecuted for casting a ballot, it was been received. But this is the wrong where else in the world. He is a Crown Mr. Farr who defended the scheme. way to do the right thing, and that is Prince, which tells you, not only is he Yet, despite having served as the to ensure that we recalibrate our alli- wealthy, he has rarely faced dis- Helms’ campaign attorney, Farr denied ance with Saudi Arabia into one where appointment in his life or ever not had having any involvement with the post- they understand they can’t just do something he wanted. He has never cards in his Senate questionnaire. whatever they want. The Crown Prince lived abroad. I think he is largely naive Mr. Farr claimed he did not ‘‘partici- cannot do whatever he wants. about foreign policy and thinks he can pate in any meetings in which the post- We have leverage in that regard. get away with whatever he wants be- cards were discussed before they were There is legislation that the Senator cause at home, he can. We have to sent,’’ but according to the former from New Jersey, Senator MENENDEZ, make clear that with us, he can’t. head of the Justice Department’s Civil and others offered. In addition to that, You don’t have to blow up the alli- Rights Division, Gerald Hebert, ‘‘the there are things we can do. The leader- ance to make that message clear. If we answers in [Farr’s] questionnaire are ship of the Foreign Relations Com- don’t make that message clear, he will contrary to the facts.’’ mittee asked for the imposition of do more of this in the future, and one Mr. Hebert took contemporaneous Magnitsky sanctions. That is a power- day, he may pull us into a war. One notes while investigating the Helms ful tool. I assure you, there are people day, he may fracture the alliance him- campaign—notes that place Mr. Farr at

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.008 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7203 a meeting on the postcard scheme just district that is 27-percent African a history involving voter suppression 3 weeks before they were sent. American. Yet neither Senator BURR efforts, which leads me to question his Years later, Farr led a 3-year legal nor Senator TILLIS returned a blue slip qualifications to even be a Federal battle to defend North Carolina law for Ms. Timmons-Goodson; thus, Chair- judge. that disgracefully shortened early vot- man GRASSLEY did not act on her nom- Farr’s hostility toward voting rights ing, instituted onerous government ID ination. can be traced back to the 1980s and requirements, and eliminated same-day Yet, today, President Trump’s nomi- 1990s when he worked as a lead attor- voter registration and out-of-precinct nees are being confirmed despite objec- ney for Senator Jesse Helms’ reelection voting, all of which are known to dis- tions from home State Senators. Paul campaign. Media reports indicate that proportionately suppress minority, el- Matey, a nominee from New Jersey, he was not truthful in his responses to derly, and disabled voters. will likely become another example. questions for the record about his in- Federal courts ruled the law uncon- Neither I nor Senator BOOKER were volvement in voter suppression efforts stitutional for targeting African-Amer- meaningfully consulted by the White that were orchestrated by the Helms ican voters ‘‘with almost surgical pre- House regarding New Jersey’s open campaign and by the Republican Party cision’’—purposeful, surgical preci- seat on the Third Circuit. For several of North Carolina. sion—calling it the most restrictive reasons, we haven’t returned blue slips Here are the facts: law since the era of Jim Crow. for Paul Matey; yet they moved ahead In 1990, Helms was in a tight race I know Republicans want to confirm with the hearing for him. So it has with the mayor of Charlotte, Harvey as many judges as possible, but why been eviscerated—totally, totally. Gantt, and the campaign implemented this judge when there are so many It has gone little by little. First, if a strategy to suppress and confuse Af- other qualified jurists to choose from? one of the two Senators turned in a rican-American voters. The Helms I think it is because they know the blue slip, that was enough. Now it campaign and the North Carolina GOP GOP agenda of enriching big corpora- doesn’t matter that neither Senator implemented a so-called ballot security tions at the expense of everyday work- turns in a blue slip; they go ahead with program. That program included send- ing families is incredibly unpopular the hearing and probably with a vote. ing more than 120,000 postcards almost with the American people. So the precious check and balance that exclusively to African-American vot- Consider that while the Republicans Senator HATCH talked about as the last ers, saying they were required to live held onto the Senate this year, they vestige of a check and balance on judi- in a precinct for at least 30 days prior lost by 16 million votes nationwide. De- cial nominations has largely been lost. to election day and could be subjected mocracy is supposed to be a battle of The Republicans claim to be the to criminal prosecution. ideas, but when it comes to healthcare party of conservatism. Yet I see noth- This information was, in fact, false. or student loan debt or climate change, ing conservative in their willingness to In fact, one African-American voter in they don’t have any. When you can’t sweep aside century-old procedures for the State who received a postcard that win a fair fight, what do you do? You policy gain. They put their party be- informed him that he could not vote if tilt the playing field in your favor. fore their country and show no fidelity he had not lived in his voting precinct Republicans want to stack the court to the institutions that have truly for at least 30 days had lived at the with judges who will do their bidding— made this country great. Something is same address for more than 30 years grossly out of step with the American wrong with any political party that and had been registered to vote that people on everything from voting makes the suppression of voters its entire time. So clearly these postcards rights and redistricting to healthcare chief electoral strategy. Mr. Farr is were designed to intimidate African- and climate change, to the constitu- just one more card in their deliberate American voters. tionality of Whitaker’s appointment to effort to stack the deck against our de- In committee, I asked Mr. Farr about lead the Justice Department. That is mocracy, to disenfranchise voters and this program and his participation in what Leader MCCONNELL meant about force their unpopular, bad ideas on our it. He told me that he did not provide nominations being Republicans’ best country. any counsel and was not aware of the chance of having a long-term impact For the sake of our democracy, I urge postcards until after they were sent. on the Nation’s future. It is their best my colleagues, in this case particu- Former Federal prosecutor Gerald chance at denying minorities from vot- larly, to do the decent thing, to do the Hebert, who had worked on voting ing and forcing their bad ideas on the right thing—to stand up for the voting rights issues at the time, contradicted American people. rights of all Americans and reject this these statements. The Republicans are so intent on nominee. To get to the bottom of it, the Demo- confirming judges with shameful I yield the floor. crats on the Judiciary Committee re- records on voter suppression that they The PRESIDING OFFICER. The Sen- quested a copy of a Justice Department have shredded the blue-slip process ator from California. memo that reportedly detailed Farr’s here in the Senate, which allows the Mrs. FEINSTEIN. Mr. President, I role in this voter suppression incident, Senators to green-light or to prevent ask unanimous consent to speak as in but the Department would not provide hearings on nominees from their home morning business. a copy of the memo. The Washington States. It is a process—Senator HATCH The PRESIDING OFFICER. Without Post has now obtained the memo, once called the blue-slip process the objection, it is so ordered. which clearly shows that Farr was, in last remaining check on the Presi- Mrs. FEINSTEIN. Is there a time fact, involved in these voter intimida- dent’s judicial appointment power. limit? tion efforts. Ironically, back in 2013, when Presi- The PRESIDING OFFICER. There is I ask unanimous consent that the ap- dent Obama nominated an African- no time limit. propriate parts of the Washington Post American assistant U.S. attorney Mrs. FEINSTEIN. Thank you. I know article and a memorandum be printed named Jennifer May-Parker to this there are others waiting, so I don’t es- in the RECORD. very seat, the Democrats respected timate I will take more than 10 or 12 There being no objection, the mate- Senator BURR’s decision not to return a minutes. rial was ordered to be printed in the blue slip, and then-Chairman PAT I rise in opposition to the nomination RECORD, as follows: LEAHY chose not to hold a Judiciary of Tom Farr to the Eastern District of [From the Washington Post, Nov. 27, 2018] Committee hearing. Then, in 2016, North Carolina. I do so as the ranking FATE OF DIVISIVE JUDICIAL NOMINEE FROM President Obama nominated Patricia member of the Judiciary Committee. NORTH CAROLINA UNCERTAIN AMID CRITICISM Timmons-Goodson, the first African- The vote for Mr. Farr’s nomination, (By Seung Min Kim and John Wagner) American woman on the North Caro- as Members know, had been scheduled The fate of President Trump’s divisive ju- lina Supreme Court, to this same seat. for today, but it has been postponed. dicial nominee hung in the balance Tuesday as a Republican senator remained undecided If confirmed, either of these trail- Mr. Farr’s long career indicates that on whether to confirm Thomas Farr, who blazing women would have become the his history raises serious questions previously worked to defend North Carolina first African American to serve in the about his ability to safeguard voting voting laws ruled to have been discrimina- Eastern District of North Carolina—a rights for all Americans. In fact, he has tory against African Americans.

VerDate Sep 11 2014 02:36 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.009 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7204 CONGRESSIONAL RECORD — SENATE November 29, 2018

Senate Democrats have been particularly whether the controversial postcards were ACTION MEMORANDUM—RECOMMENDED LAW- critical of Farr, an attorney in Raleigh who discussed as part of that effort, and Farr has SUIT AGAINST NORTH CAROLINA REPUBLICAN backed a law that the courts called ‘‘the repeatedly denied any prior knowledge of PARTY, HELMS CAMPAIGN FOR SENATE COM- most restrictive voting law North Carolina those mailers. MITTEE, ET AL. UNDER 42 U.S.C. 1971(b) AND has seen since the era of Jim Crow.’’ All 49 Farr was not named in the DOJ complaint 42 U.S.C. 1973i(b) Democrats oppose the nomination. against the Republican entities, and he also (June 19, 1991) Andrew Gillum and Stacey Abrams, two signed a consent decree that effectively set- From John P. Dunne, Assistant Attorney black candidates who fell short in high-pro- tled the issue in early 1992. General, Civil Rights Division. file gubernatorial races this month, criti- Sen. Thom Tillis (R–N.C.), one of Farr’s Lee H. Rubin, Attorney, Voting Section, cized the nomination in a new statement most vocal supporters, had asked a former Civil Rights Division. Tuesday, underscoring the national fight prosecutor to investigate the claims that over Farr’s nomination to a seat on the U.S. Farr was directly involved with the con- [EXCERPT: PAGE 8–9] District Court for the Eastern District of troversial postcards. That investigation has D. The Investigation North Carolina. turned up no evidence. Our investigation began on November 1, ‘‘Thomas Farr’s record of hostility and dis- ‘‘I’d ask them one simple question: When 1990, the day we obtained reliable informa- regard for fundamental civil rights disquali- in the history of the DOJ have they allowed tion that the postcards at issue had been fies him for a lifetime appointment that will somebody who was subject to the investiga- sent primarily to black voters throughout allow him to codify his discriminatory ide- tion negotiate the consent agreement and the State. On that day, we requested that ology into law,’’ Gillum and Abrams said in sign it?’’ Tillis said Tuesday. ‘‘Never hap- the FBI contact Jack Hawke, Chairman of a joint statement. ‘‘North Carolina’s Eastern pens, which is exactly why these are baseless the North Carolina Republican Party, and District—where most of the state’s African claims.’’ ask Mr. Hawke, among other things, the Booker had requested DOJ release the jus- Americans live—should be represented by a method used to select the voters who were tification memo, but it declined, citing con- Bench that represents its diversity, not one sent postcards and all plans regarding the fidentiality issues. A Justice Department that actively works to disenfranchise them.’’ use of the returned postcards. Mr. Hawke re- spokesman declined to comment Tuesday on Senate Republican leaders have been pub- fused to return FBI Agent George Dyer’s licly confident that they will have the votes the memo. Farr did not return an email re- questing a comment; nor did the White phone calls, and eventually referred Dyer to to confirm Farr, although they will almost House. his attorney, Thomas Farr, an attorney with certainly need to summon Vice President The Senate Judiciary Committee advanced Maupin, Taylor, Ellis and Adams, in Raleigh, Pence to break a 50–50 tie. Farr’s confirmation with a party-line vote in who was immediately advised by Mr. Dyer of Sen. Jeff Flake (R–Ariz.) has vowed to op- January. Republicans in control of the North the information we sought from the North pose all judicial nominations until the cham- Carolina General Assembly hired Farr and Carolina Republican Party. ber votes on legislation that he is seeking others in his law firm to defend congres- On Monday, November 5, 1990, after receiv- that would protect special counsel Robert S. sional boundaries it approved in 2011. In 2016, ing no information responsive to our request, Mueller III. Sen. Tim Scott (R–S.C.) said a federal court struck down the map as a ra- you contacted Mr. Farr and insisted that he Tuesday that he had made no decision on the cial gerrymander. provide us with the information we re- nomination. Farr also helped defend a 2013 voter ID law quested by that afternoon. During this con- Farr worked on the 1990 campaign of Sen. that was considered one of the strictest in versation, Farr assured you that no informa- Jesse Helms (R–N.C.), which came under the nation. In addition to requiring residents tion obtained from the returned cards would scrutiny for distributing postcards that the to show identification before they could cast be used as a basis to challenge voters on Justice Department later said were sent to a ballot, the law also eliminated same-day election day. Late in the afternoon on No- intimidate black voters from heading to the voter registration, got rid of seven days of vember 5, Farr telefaxed to us a list of pre- polls. early voting and ended out-of-precinct vot- cincts, which he orally represented to be the The postcard issue has become one factor ing. precincts in which the voters selected to re- in the unusually bitter nomination fight. In A federal court ruled in 2016 that the pri- ceive the postcards resided. Although Farr response to questions from Democrats, Farr mary purpose of North Carolina’s law wasn’t also advised us that Hawke would be made has denied any role in drafting the postcards to stop voter fraud but rather to disenfran- available that day for an interview with and said he did not know about them until chise minority voters. The judges wrote that Dyer and myself, Hawke in fact did not sub- after the mailers were sent, saying he was the law targeted African Americans ‘‘with mit to a voluntary interview that day. ‘‘appalled’’ when he found out about them. almost surgical precision,’’ in part because The lack of cooperation which marked the A 1991 Justice Department document the only acceptable forms of voter identifica- initial stages of the investigation has per- newly obtained by The Washington Post tion were ones disproportionately used by sisted during the course of our investigation. sheds some light on Helms’s campaign and white people. Soon after the election, we contacted the the state Republican Party’s broader ‘‘ballot Farr has a ‘‘well qualified’’ rating from the North Carolina Republican Party, the Jeffer- security’’ program, of which the postcards American Bar Association and was pre- son Marketing Companies, Mr. Ed Locke, were one component. Farr served as a lead viously nominated to the same post by Presi- and Mr. Doug Davidson, and requested that lawyer for Helms. dent George W. Bush. they provide us with all information rel- The DOJ document, called a justification Senate Minority Leader Charles E. Schu- evant to our investigation. Mr. Hawke and memo, elaborates on a meeting disclosed by mer (D–N.Y.) said he spoke to Gillum and Ms. Effie Pernell, the Executive Director of Farr in a letter to Sen. Cory Booker (D–N.J.) Abrams earlier in the day and that they the North Carolina Republican Party, volun- last year. In that five-page letter, Farr said ‘‘were hurt by attempts to limit voting tarily spoke with Dyer on November 9, 1990. he participated in a ‘‘ballot security’’ meet- rights.’’ During a floor speech, Schumer In late November, we received a request from ing of the Helms campaign in October 1990 in called Farr the ‘‘chief cook and bottle wash- Mr. Michael Carvin, one of the attorneys rep- which he said there was no need to do a card er’’ for the contested laws in North Carolina. resenting the North Carolina Republican mailing because returned cards could no ‘‘I don’t care what your party is, and I Party, for a meeting with Department attor- longer be used to challenge voter legitimacy. don’t care what your political ideology is,’’ neys to discuss our investigation. At the The DOJ document obtained by The Post Schumer said. ‘‘How can you have this man time we received this request, we were on outlined the basis for the DOJ complaint in the court?’’ the verge of obtaining voluntary statements against the Helms campaign and the North The history of the seat Farr would fill also from individuals associated with Jefferson Carolina Republican Party for the more than has contributed to the acrimony over his Marketing and from Doug Davidson. How- 120,000 postcards sent primarily to black vot- nomination. President Barack Obama nomi- ever, the respective counsel chose to delay ers that officials said were an attempt to dis- nated two African American women for the the scheduling of any interviews until we re- suade them from voting. post during his tenure, but neither was sponded to Mr. Carvin’s request. Asserting At the meeting, Farr told others that there granted a hearing. This is the longest cur- that the requested meeting would be ‘‘pre- were a limited number of ballot security ini- rent court vacancy nationwide. mature,’’ we declined the invitation to meet tiatives that the groups could undertake at Sen. Marco Rubio (R–Fla.) has been consid- with Carvin on December 21. that point in the race, according to the ered a potential ‘‘no’’ voted on Farr because [EXCERPT: PAGE 11–14] memo. He also said because the current Re- he was prepared earlier this year to join publican governor could tap a majority of Scott in voting against another judicial D. The 1990 ‘‘Ballot Security’’ Program county election officials statewide, the need nominee with a history of racially charged The postcard mailing was one component for a ballot security program that year was writing. That nomination was withdrawn. of the 1990 ‘‘ballot security’’ program fi- lessened because ‘‘they would ensure a fair On Tuesday, however, Rubio—who was nanced by the NCGOP. The wheels for the election process for Republican candidates.’’ briefed by his staff on the nomination Tues- 1990 ‘‘ballot security’’ program were set in During the meeting, participants also re- day evening—was prepared to vote for Farr motion long before the actual mailing of the viewed the Helms campaign’s 1984 ballot se- barring any new information that may come postcards. According to Doug Davidson, of curity effort Farr had coordinated ‘‘with an out about him, according to a Senate official Campaign Management, Inc., ‘‘ballot secu- eye toward the activities that should be un- familiar with his thinking. rity’’ was discussed at several meetings held dertaken in 1990,’’ the DOJ wrote in the Sen. Susan Collins (R–Maine), another po- during the summer months of 1990. These memo. The document did not say directly tential swing vote, also backs Farr. meetings were attended by Davidson, Carter

VerDate Sep 11 2014 02:36 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.003 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7205 Wrenn, a consultant to the Helms Com- When the idea of a card mailing was raised, open for a long time—actually, since mittee, Peter Moore, the campaign manager Farr told us that he explained to Locke and 2006. President Obama nominated two for the Helms committee, Jack Hawke, the others that while during the 1984 elec- highly qualified African-American Chairman of the NCGOP, and Effie Pernell, tion, state law provided that returned post- women to fill the vacancy. Either Executive Director of the NCGOP. During cards may serve as prima facie evidence that would have been the first African these meetings, in addition to discussing a voter was not properly registered to vote general campaign strategy, Davidson recalls in that precinct, such procedures had been American to serve on the court—a that a consensus was reached that some type altered subsequent to that election so that a long-overdue milestone in a district in of ‘‘ballot security’’ effort needed to be un- returned mailing could no longer serve to which more than 25 percent of the pop- dertaken prior to the 1990 general election. support an election day challenge of voters. ulation is African American. Peter Moore confirmed Davidson’s recollec- He told the others that in light of this The first nominee, Jennifer May- tions, as he recalls meetings in which discus- change, a postcard mailing like the mailing Parker, served as chief of the Appellate sions focused upon the need for a ‘‘ballot se- conducted in 1984 would not be particularly Division at the U.S. Attorney’s Office curity’’ program in connection with the No- useful, except for use as evidence in post- in the Eastern District of North Caro- vember, 1990 election. At one of these meet- election challenges. ings involving the leadership of the Helms lina. By that time, she had served in Committee and the NCGOP, the decision was Mrs. FEINSTEIN. The memo includes the U.S. Attorney’s Office for 14 years. made to budget $25,000 for the 1990 ‘‘ballot se- Farr’s own retelling of meetings in Her nomination did not move forward curity’’ program and to finance the ‘‘ballot which sending postcards to voters was because she didn’t receive a blue slip security’’ program with NCGOP funds. discussed. In fact, Farr told colleagues from the State’s Republican Senator In early September, 1990, Ed Locke, a polit- that postcards might not be as effec- even though he had initially rec- ical consultant from Charlotte who had tive in kicking voters off the rolls as ommended her to the White House as a played a major role in organizing the 1984 they had been in 1984. It is impossible, ‘‘ballot security’’ program for the NCGOP potential nominee. and the 1984 Helms Committee, contacted though, to square this memo with The second nominee, Patricia Tom Farr to offer his services for coordi- Farr’s denial to the Judiciary Com- Timmons-Goodson, served as the vice nating the 1990 ‘‘ballot security’’ program. mittee that he had any knowledge of chair of the U.S. Commission on Civil On October 16th, Davidson and possibly these actions. Rights. She had previously served as an Tom Farr, who had worked with Ed Locke on In addition, since that time, Mr. Farr associate justice on the North Carolina the 1984 ‘‘ballot security’’ program for the has remained active in efforts to de- Supreme Court and as an associate NCGOP and the Helms Committee, contacted press and dilute African-American vot- judge for the North Carolina Court of Locke by telephone in Charlotte and asked Appeals. Again, Republicans did not Locke if he would be willing to meet in Ra- ing. In several cases, Farr defended leigh to discuss the 1990 ‘‘ballot security’’ North Carolina’s congressional and leg- allow her nomination to move forward. program. Apparently Peter Moore and Carter islative districts that were drawn after While the Republicans have under- Wrenn had been consulted concerning con- the 2010 Census against allegations mined the blue-slip policy to confirm tacting Locke for discussions on the ‘‘ballot that the State legislature drew them to President Trump’s judicial nominees, security’’ program and had given their as- dilute the vote of African Americans. it is important to know that the only sent to pursue such discussions. Locke Farr has defended these districts before reason Tom Farr’s nomination is under agreed to meet with the Helms Committee North Carolina’s State courts, Federal consideration today is that Republican representatives and flew to Raleigh the next blue slips were honored by the Demo- day. courts, and the Supreme Court. How- In Raleigh, he met initially with Moore, ever, in each instance, his arguments crats during the Obama administra- Davidson, and Farr. This meeting was held have been rejected. tion. In short, the Republicans blocked at Farr’s law firm, Maupin, Taylor, Ellis & In North Carolina v. Covington, a two highly qualified African-American Adams. At the meeting, the participants ap- three-judge panel in the Middle Dis- women from filling the vacancy in parently reviewed the 1984 ‘‘ballot security’’ trict of North Carolina found that order to hold the seat open for a White program with an eye toward the activities ‘‘race was the predominant factor mo- nominee with a history of that should be undertaken in 1990. Davidson tivating the drawing of all challenged disenfranchising Black Americans. I stated that by the end of the meeting they am sorry to say that, but that is the had formulated a tentative outline for the [state legislative] districts.’’ In Harris v. McCrory, two of the way it was. 1990 ‘‘ballot security’’ effort. Davidson re- It is impossible to see how the people calls that a mailing targeted at voters who three Federal judges on a panel held Tom Farr would serve in the Eastern no longer resided in the precinct in which that the State’s congressional redis- District of North Carolina would ever they are registered was one of the projects tricting plan violated the 14th Amend- believe they would be getting a fair suggested for 1990. They also discussed who ment’s equal protection clause. shot in his courtroom. The Senate would be best suited to coordinate the ‘‘bal- In 2016, Farr also defended North lot security’’ effort. should reject this nominee. According to Farr, he told the attendees of Carolina’s restrictive voter ID law in I yield the floor. the meeting that there was only a limited the North Carolina State Conference of The PRESIDING OFFICER. The Sen- number of ‘‘ballot security’’ programs that the NAACP v. McCrory. He had served ator from Oklahoma. could be undertaken with only about three as an adviser to the State legislature IMMIGRATION weeks left in the election. Farr also stated as it was considering that legislation. that the need for a ‘‘ballot security’’ pro- Mr. LANKFORD. Mr. President, on In arguing before the Fourth Circuit, May 5 of this year, NASA launched the gram was not as compelling as in 1984, since, Farr strongly denied that racial ani- unlike in 1984, the state had a Republican InSight rocket. That probe, the In- governor. Since the Governor has power to mus toward African Americans was the Sight probe, has traveled 300 million appoint two out of the three members of motivation for the voter ID law. The miles since May of this year and has each county’s board of elections, Farr ex- court, however, strongly disagreed. In touched down safely on Mars. It is a re- plained that the Republican-controlled coun- striking down the law, the court markable achievement. The United ty election boards throughout the state strongly rejected Farr’s arguments, States is the only country in the world would serve effectively as a statewide ‘‘bal- noting that the law’s requirements that has any probes on Mars. We have lot security’’ program, as they would ensure ‘‘target African Americans with almost several now that are moving around a fair election process for Republican can- surgical precision.’’ That is the Fourth didates. He suggested that contact be made and are stable. The technology behind with a Republican board of elections member Circuit’s confirming that racial animus that—the thought, the design, the en- in every county to ensure that they will be was part of this. gineering, the work—is a remarkable working on election day. He also suggested The Congressional Black Caucus achievement for the science commu- that, to the extent that any ‘‘ballot secu- Foundation expressed its strong oppo- nity. rity’’ programs are undertaken, they should sition to Farr’s nomination, writing The 300 million-plus miles that it has focus on those precincts with little or no Re- that ‘‘Farr has amassed a record that traveled since May and to be able to publican presence at the polls. To this end, puts him at the forefront of an ex- land safely is a remarkable achieve- he advised that the Helms Committee/ tended fight to disenfranchise African- NCGOP should hire observers to watch the ment. I compared that 300-mile journey opening and closing of the polls in such pre- American voters.’’ of the InSight probe and safely landing cincts. He suggested that it may also be Opposition to Farr’s nomination has on Mars to our now two-decades-long helpful to publicize the fact that a ‘‘ballot been compounded by the history of this conversation trying to solve immigra- security’’ program is going to be undertaken. particular vacancy, which has been tion.

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.004 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7206 CONGRESSIONAL RECORD — SENATE November 29, 2018 As Americans, we have figured out We have 1 million people every single something that this Congress needs to how to travel 300 million miles, but we day who leave the United States, com- respond to and needs to step up to, but have not been able to figure out how to ing in legally either through Canada or this Congress has been unwilling to manage our own immigration policy. through Mexico or based on flights. have the votes that it takes to make This is the 10th time I have come to Our law enforcement folks who handle sure family units stay together because this floor to talk about immigration in all the issues there—Border Patrol, the drama of tearing families apart just the last 3 years. customs, and all of the different folks looks so much better on TV. Earlier this year in February, we had from ICE—do a tremendous job every What has been the result of that? The a tremendous amount of work that was single day. result is a massive increase in the happening here in the Senate to try to I think Secretary Nielsen and her number of children who are coming to come to a set of agreements about how leadership has been stellar in their our border. This may sound familiar to we can manage the immigration policy leadership to help manage through a you, and it should. In 2014, under the in the United States, and those agree- PR nightmare that has been created time of President Obama, he an- ments failed. While InSight was trav- because the cameras want to focus on a nounced the DACA proposal, or De- eling 300 million miles, the Senate still few people crossing illegally and refuse ferred Action for Childhood Arrivals, did nothing to solve the issue of immi- to turn the cameras just 15 degrees and President Obama looked at those indi- gration. focus on 100,000 people coming across viduals who were living in the country We watched today several thousand the border legally. here, who had been here for a long people in Tijuana living in a soccer sta- We do have to do something about time, who came as children. Their par- dium after they left from Honduras. our immigration policy. We are a Na- ents broke the law by crossing the bor- They traveled into Guatemala. The tion that has been open to immigrants der, but they were children. Guatemalans deported several thou- our entire history as a nation, and we In American law, we do not punish sands of them and said: You didn’t remain so and should remain so. children for the actions of their par- cross legally from Honduras into Gua- But the question seems to get spun ents. We don’t do that. So President temala. up on this one issue: What do we do Obama looked at these kids and said: Then they approached the border be- about someone who intentionally You have grown up in our country. tween Guatemala and Mexico, and breaks the law to come into our coun- Your parents violated the law, but you Mexico put their law enforcement and try? How do we treat them versus the did not. We are going to give you de- their military on the border and said: person who has gone through the proc- ferred action. We are going to give you You can’t just cross the border ille- ess and who is legally coming into the the opportunity to be able to work and gally from Guatemala to Mexico. Then country? Are they to be treated the to be able to live here. It wasn’t citi- they charged the bridge, overran the same if they illegally cross the border zenship, but it is an opportunity to law enforcement and the military of at San Diego as someone who legally stay here and to work. the Mexican police, went around into crosses the border at San Diego, or do As soon as that was announced, with- the river, and then regrouped again and we treat them differently? in months, the American border start- continued to move forward to Mexico. Last year, there were 400,000 people ed being flooded with unaccompanied Mexico offered them asylum, which I who were arrested for illegally crossing minors—kids 17 years old and younger thought was incredibly gracious, based our southern border—400,000. Again, who would cross the border. They on the way they crossed into Mexico. that may seem like an incredibly large showed up in the thousands. They were Mexico offered them asylum and the number, but let me put that back in brought by human smugglers from Cen- ability to stay in Mexico. They offered perspective. Half a million people— tral America who make their living them assistance all along the way. that would be 500,000 people—legally moving people from Central America They did arrest some troublemakers cross our border on the south every to the United States. That business along the way. started traveling all through Central Now they have made their way all day. So we had 400,000 people arrested crossing our southern border illegally— America saying: President Obama is the way through Mexico, and they are going to allow you to be able to stay in just outside San Diego. A few days ago, 400,000—but yet over the total of an en- tire year, there are 400,000 people ar- the country. He has just announced the same group rushed our border to this program, and if you will go now rested, but every single day 500,000 peo- see if our border would cave the same with me, you will get to stay in Amer- ple legally cross our entire southern way the southern border of Mexico did. ica. Yet we did not. border. As I mentioned, 100,000 of those So parents were literally surren- Interestingly enough, that group of are just at San Diego. dering their teenagers, most of them We, as Americans, need to make deci- several thousand people who rushed the boys, and saying to their boys: Go to sions about how we are going to handle border, who are now parked on that America and go find a job and work immigration. I think we have to get border, are literally living within a few and send money back. They would send some numbers and some perspective in 100 yards of the largest legal border their kids with human smugglers. crossing in the world—the San Diego place because all of the attention President Obama then said: Time crossing. There are 100,000 people a day seems to be distracting us from the ac- out. That is not what I said. President who legally cross the border from Mex- tual facts and numbers. So let me run Obama was very clear to say: You had ico into the United States, within feet through some things. to have been here years ago. You are of where they charged the border and There has been a lot of conversation not eligible if you cross the border demanded to get entry into the United about family units, about what it now. Do not come. States. Let me just set that for you means for family units to be able to Our State Department actively again side by side. There are 100,000 come in and whether family units worked to get the message out in Cen- people every single day who legally should be separated. Let me make it tral America, saying: Do not come. cross the border from Mexico into the very clear. I have been very outspoken You will not be able to stay. United States at the Tijuana-San to say that family units need to stay But the human smugglers were tell- Diego crossing. Yet the attention is together whenever possible. ing them: They are just kidding. I am not on the 100,000 who are legally cross- We are Americans. We are very pas- going to take you, and we will show ing the border. The cameras are turned sionate about families. If a family unit you that we can get you in. toward the few thousand who are try- crosses the border illegally, as much as What happened is that they started ing to rush the border illegally. Our possible, we need to keep that family bringing kids by the thousands up to perspective is out of whack. unit together. That may mean we need the border. When they got there, they We are not a closed country to immi- to have them in a spot in a detention were introduced to the border folks. gration. We are an open country to im- unit or someplace where they can actu- They would go in, and they would get migration. There are 1.1 million people ally stay together as a family as much an opportunity to all stay. They would who last year became citizens of the as possible, but, for whatever reason, get a piece of paper that said they United States—1.1 million—but we are the courts have not allowed us to go can’t be deported while they go a Nation that has order and structure. through that system. I think that is through their paperwork.

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.012 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7207 Those kids then were taking a pic- unrelated adults, to come here. It has a tem and a fiber optic detection system ture of that piece of paper, saying: I nickname in Central America now, across our southern border in many got in. I am legal. which the Washington Post story high- areas to detect the tunnels that are They were snapping that picture and lighted. It is called ‘‘adoptions.’’ That being dug to move illegal narcotics, sending it back on social media to is the new nickname—that I am going mostly, in those tunnels, rather than their friends in Central America. It to take my child and adopt them out to people. They put up mobile surveil- just accelerated, and it blew up into some unrelated adult so they can get lance systems. huge numbers. into America cheaper and faster, and, This is not just about fencing, it is In my State of Oklahoma, President hopefully, things turn out for that kid also about technology. DHS has done Obama used one of the military bases as well. Our broken immigration sys- both, and it is making a difference. there in Watonga, OK. He converted tem is encouraging this, and we need to While the cameras are focused on one of the dorms and was moving unac- address it. children coughing from tear gas at our companied minors into this military Over the last 2 years, Congress has southern border, we need to ask our- base around a big giant fence in the appropriated about $1.7 billion to build selves a question: What are we doing in middle of the base, just as he used 124 miles of new or replacement fencing the policy that is encouraging people other military bases to house unaccom- along the border. This funding is not to bring children to the border think- panied minors because they were com- some tall, concrete tapeworm running ing they are going to get faster access ing in such large numbers that they along the southern border. It is a fence. if they can illegally cross? Why is this couldn’t be managed. That was under In 2006, it wasn’t controversial for happening? How do we stop it with our President Obama’s time. the Secure Fence Act. The Secure policy? It took a long time—several years— Fence Act built 650 miles of wall— This Nation should continue to be to get the message back out to Central fence—along the southern border. That open. We should continue to receive America: Stop sending your unaccom- fence was very effective. immigrants from around the world, in- panied minors because it is not just an For instance, earlier this year, Con- cluding from Central America and from automatic entry. gress provided funding to replace 14 Mexico. I have neighbors and friends Then the conversation started about miles of fencing along the border be- all through my community who are family units, saying: If you come as a tween San Diego and Tijuana, Mexico. from Central America and from Mex- family unit, you are going to be able to For the last 20 years, the border be- ico. They are welcome citizens of our get in. tween Tijuana and San Diego has been country. They are part of the fabric of Now, that is not what everybody was actually old metal sheets from the who we are—people from all over the saying here, but that is what the smug- Vietnam era that were used in Vietnam world—but I have a very difficult time glers said back in Central America. to lay out on the jungle floor to land saying that 100,000 people at the San They said: Hey, the Americans allow helicopters on. They took that old Diego crossing who are crossing legally you to come in if you come in as a fam- sheet metal decades ago when they should be ignored every single day for ily unit. So bring a child with you, and brought it back, and then they used it the sake of a few thousand who want to you can get in. as the fencing between San Diego and crash the fence, who crashed the bar- Over the last year, we have watched Tijuana. That fencing is being re- riers in Southern Mexico and who are the number of adults showing up with a placed. working to crash the barriers here. We child on our southern border dramati- Congress provided the funding, and need to have a more reasoned response cally increase by the tens of thou- DHS has done 18-foot-high, bollard- to this. sands—an unintended consequence. style fencing, open fencing that you Listen, if you have never been to a It is interesting. Some may have can see through, not the solid sheet naturalization service, you ought to noted over the weekend a Washington metal that is up there. Although the go. I have a staff member whom I com- Post story that was titled: ‘‘For Cen- actual final results haven’t been re- pletely agree with who says: I can’t tral Americans, children open a path to leased on it yet, the border agents on ever go to a naturalization service and the U.S.—and bring a discount.’’ The the ground have said they used to have not cry. So far, I have never been to a Washington Post story was a story 10 illegal crossings a day through that naturalization service where I don’t about research they are doing in Cen- old-style fencing. Now they have one il- cry. They are exceptionally moving tral America on these human smug- legal crossing a month through that events, to watch a large group of peo- glers and what they are doing now in new fencing. ple from all backgrounds, from all lan- their business. In the story they de- For all of the whining and all of the guages, standing and raising their tailed that it will cost $10,000 if you conversation I hear, which is that if right hand and pledging allegiance to a travel as an adult, but if you bring a you build a fence, it is just a ladder, it brandnew country. People who have set child with you, you and the child can has dropped from 10 a day to 1 a month, aside their old path to realize—for come for $4,500. So it is half price if you just when the fencing changed. It also many of them this was years in the bring a kid, and families are so des- allows our agents to see a danger or a process, to legally go through all of the perate in that area to get some kind of risk on the other side and respond to right checks and get to that point. For assistance that, literally, adult males, it. those 1.1 million people who do that mostly, are going to families and say- By the end of the next fiscal year, every year, we honor those individuals ing: Let me take your child with me. I DHS will have completed about 120 and welcome them openly. will get a discount, and then I will send miles of new fencing in California, Ne- Let’s honor people who are doing it you some cash back, and I will try to vada, and Texas. They have also in- the right way. Let’s fix broken areas of enroll this child in an American school stalled 100 different video towers be- the system that are encouraging people or find somebody to take care of them. cause it is not about fencing, it is also to bring children because they get a We have individuals who are now about technology and the ability to see discount if they travel with children il- showing up at our southern border who what is happening at the border. We legally across our border. Let’s find a are bringing a child they are not re- don’t need fencing in every area of a way to work out work visas. Let’s deal lated to because they get a discount on 2,000-mile border. with issues like temporary protective their human smuggling time, and they Just since January 2017 until now, status that need to be resolved. Let’s get more expedited process to be able DHS has put up 31 different fixed sur- deal with the issues of our immigra- to actually get across the border to re- veillance towers along the southern tion, but let’s not continue to stall. quest asylum. Although, they are not border. They have put in 74 different If the Mars InSight probe can travel actually requesting asylum. They are remote video surveillance systems all 300 million miles in 5 months, surely just getting across the border and try- along our southern border and 7 com- this Congress can sit down and resolve ing to find a job. It is economics. mand and control facilities on the the immigration issue in a few months. Do we not see what is happening? We southern border. They put up a tunnel I look forward to that in the next Con- are encouraging the human trafficking threat program. They have put in what gress and in the days ahead to finally of children from Central America, from is called a linear ground detection sys- getting this resolved.

VerDate Sep 11 2014 02:36 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.013 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7208 CONGRESSIONAL RECORD — SENATE November 29, 2018 I yield the floor. vote, was also found by the Court to be CLIMATE CHANGE The PRESIDING OFFICER. The Sen- ‘‘the most restrictive voting law North Mr. President, I also want to take us ator from Maryland. Carolina has seen since the era of Jim back to 2006 for another reason. Back NOMINATION OF THOMAS FARR Crowe.’’ in 2006, we had many of our Republican Mr. VAN HOLLEN. Mr. President, Thomas Farr wasn’t just a key player Senate colleagues recognizing the dan- there has been a lot of activity in the in that case in defending North Caro- gers of doing nothing about the mount- Senate today, and I wish to cover a lina’s discriminatory law, he was also a ing costs of climate change. Back in couple of topics, starting with the key player in passing other North 2006, there was a bill in the U.S. Senate nomination of Thomas Farr to be a Carolina laws that have been thrown by Senators McCain and Lieberman, a U.S. District Court judge for the East- out because of their discriminatory im- bipartisan group, designed to finally ern District of North Carolina. I under- pact. He was in the middle of North take action. Here we are so many years stand we will not be voting on that Carolina’s effort to redraw State legis- later from 2006 and, my goodness, have nomination today. lative lines for both State House dis- we regressed. I hope our colleagues will take the tricts and State Senate districts that We now have a President of the time between now and whenever we the U.S. Supreme Court threw out on United States, in response to a report may cast a final vote on that nomina- the grounds that it was racially dis- that came out from 300 scientists in tion to take another look at the record criminatory, but his history in trying the U.S. Government about the dangers because a number of very informative to put up barriers to minority voting of climate change, who says: Well, I things have come out in recent days rights goes back even further. don’t believe it. They tried to bury this about Mr. Farr’s record. I have in my hand a memorandum, report, releasing it the day after I want to take us back to a moment dated June 19, 1991, from within the Thanksgiving, but it backfired because where this Senate Chamber was back Justice Department. It was during the it was a slow news day and people real- in 2006. Back in 2006, the U.S. Senate administration of George Herbert ized what was up. They realized this Walker Bush. It is a memo recom- passed the Voting Rights Reauthoriza- was a deliberate attempt by the admin- mending that the United States bring a tion Act by a vote of 98 to 0. Ninety- istration to deep-six something that is lawsuit against the North Carolina Re- eight Senators in favor of the Voting important to all Americans and some- publican Party and the Helms for Sen- Rights Act Reauthorization—none op- thing all Americans can see with their ate Committee—that would be Jesse posed. The House passed the same bill own eyes, which is the escalating im- Helms, former Senator—for conducting by a vote of 390 to 33. President Bush pact of doing nothing about climate a postcard mailing program designed to signed that bill into law. change, whether it is forest fires or intimidate and threaten Black voters Fast forward to 2013, we have a case floods or rising sea levels. throughout the State of North Carolina in the Supreme Court, Shelby County If you look at the report, if you live in order to discourage them from par- v. Holder. The Supreme Court, by a in the Chesapeake Bay area, you have vote of 5 to 4, took a big bite out of the ticipating in the November 6, 1990, gen- eral election. to be really worried: increasing precipi- enforcement provisions of the Voting tation, increasing storm events. We al- Rights Act. They eliminated the I urge all of my colleagues to read this memorandum from the Justice De- ready have flooding in Annapolis, the preclearance provisions. What we saw home of the U.S. Naval Academy. If within a matter of weeks and months partment during the time George Bush was President. I especially direct them you talk to the Superintendent there, were States around the country that to page 12. There is a footnote on page he is already worried about the impact. had previously been subject to the 12 that talks about Thomas Farr’s This report makes clear that we are preclearance provisions beginning to work in this area of trying to put up going to have rising sea levels, a rising enact laws putting up barriers to peo- barriers to voting, going way back to Chesapeake Bay, and we are going to ple’s ability to vote, especially minor- not just the 1990 election but back to see islands in the Chesapeake Bay dis- ity voters. Texas enacted legislation the 1984 election of Senator Jesse appearing, all because this body refuses and North Carolina enacted legislation, Helms. to take any action and decides to in- among others. In fact, this Department of Justice stead kowtow to the President of the I want to focus for a moment on what memorandum states that Farr was the United States. happened in North Carolina because in primary coordinator of the 1984 ‘‘ballot I would like to quote the President North Carolina the State legislature security’’ program conducted by the very quickly. When asked about this passed a bill that put up all sorts of ob- North Carolina GOP and the 1984 Helms the other day, he said the following. stacles that made it much harder—for for Senate Committee. He—referring to When he was asked why he doesn’t be- African Americans especially—to cast Thomas Farr—coordinated several lieve in climate change—this is the their vote, to exercise their right to ‘‘ballot security’’ activities in 1984, in- President of the United States: ‘‘One of vote. When that bill was appealed to cluding a postcard mailing to voters in the problems that a lot of people like the Fourth Circuit, the Fourth Circuit predominantly Black precincts which myself—we have very high levels of in- found that North Carolina State legis- was designed to serve as a basis to telligence, but we’re not necessarily lation had targeted African-American challenge voters on Election Day. such believers.’’ voters with almost ‘‘surgical preci- I don’t know what has happened to He goes on to say: sion,’’ and they threw out that North the Senate between 2006, when it And when you’re talking about an atmos- Carolina law. unanimously voted to extend the Vot- phere, oceans are very small. And it blows Well, just a few days ago, this Senate ing Rights Act, and today, when we over and it sails over. I mean, we take thou- confirmed a nominee to be legal coun- have on the floor the nomination of sands of tons of garbage off our beaches all sel at the Department of Agriculture, Thomas Farr, who has a history of the time that comes over from Asia. It just Stephen Vaden, who was one of the being the point person in trying to flows right down the Pacific, it flows, and we people who filed and coauthored an limit the ability of Americans to exer- say where does this come from. And it takes many people to start off with. amicus brief in support of the North cise their right to vote and, according Carolina law that was overturned. The to the Fourth Circuit of the United Then he goes on in this bizarre an- Senate acted, and we did that. States, did so with ‘‘surgical precision’’ swer. This is the President of the It turns out that just a few days in denying African-American voters. United States responding to a question later, we have a nomination not for the How can we in good conscience put about the reality of climate change. general counsel for the Department of someone on the Federal Court of the I hope we will get back to where we Agriculture but for somebody to be on United States who has that history? were on climate change in this body in the U.S. courts who was the architect How can people who come before that 2006 and work on a bipartisan basis to and the defender of these North Caro- court have the confidence that the per- do something, because the cost of doing lina laws, Thomas Farr. That same law son—that judge—is really going to up- nothing is rising every day and hitting which the Court said targeted African hold their rights? Americans and people across the world. Americans with almost surgical preci- I urge my colleagues to oppose this Finally, when it comes to denying sion, trying to deny them their right to nomination. the facts, including the facts presented

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.015 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7209 by his own administration, we have a Prince thought he could get away with economy over a cliff, it is that Amer- President of the United States who ap- killing an American resident in ican families desperately need a strong parently doesn’t believe his intel- Istanbul is because this President has consumer watchdog. Before the crisis, ligence community. This is just an- given him a blank check to do what- financial institutions sold consumers other rewind-the-tape moment. We re- ever he wants, and that includes predatory loans that were like gre- member after Helsinki, when the Presi- Yemen. nades with their pins pulled out. When dent sided with President Putin and YEMEN they exploded, they wiped out trillions said: No, the Russians were not in- Mr. President, I will close by making of dollars of wealth and caused millions volved in the 2016 elections—despite a few remarks about Yemen because of people to lose their jobs, their sav- the unanimous conclusions of all the what we have seen is an administration ings, or their homes. U.S. intelligence agencies. that has essentially given a blank The Consumer Financial Protection Now we know from reports that the check to the Saudi war in Yemen, and Bureau was created to level the playing CIA has determined with a high level of it has backfired and has actually field for consumers and make sure that confidence that the Crown Prince of strengthened the hand of Iran. The Washington never again looks the Saudi Arabia was involved and helped Houthis are an indigenous movement other way while millions of families orchestrate the assassination of Jamal in Yemen. Saudi’s conduct has given get squeezed. Khashoggi in the Saudi consulate in Iran an opening in a way it did not On June 18, 2018, President Donald Istanbul. Instead of accepting the con- have before. Trump announced his intent to nomi- clusions of the CIA, the President in- The best way is to get all the parties nate Kathleen Kraninger as Director of stead has become the mouthpiece for to the peace table to have a negotia- the CFPB. Ms. Kraninger is a political the Saudi regime. Early on, he played tion, and we are not going to get the appointee at OMB who has spent more into all their cover stories. Saudis to the peace table if the Presi- than a decade working on homeland se- Just yesterday, we had a briefing of dent of the United States continues to curity policy in the executive branch the Senate. We had the Secretary of look the other way for all their bad and on Capitol Hill. She has never—I State and the Secretary of Defense. conduct. That is why it is important repeat, never—worked on consumer Guess who did not show up. The Direc- that next week the Senate pass the res- protection issues either in public serv- tor of the CIA. It is pretty clear that olution that was discharged here to the ice or in the private sector. She has the administration did not want the floor yesterday and send a clear mes- zero track record of standing up for Director of the CIA telling Senators sage about what we stand for. consumers. from both parties what her findings The PRESIDING OFFICER (Mrs. The White House championed Ms. are, but they have been reported in our FISCHER). The Senator’s time has ex- Kraninger’s experience as a manager newspapers. pired. when announcing her nomination. A When you have the Secretary of The Senator from Massachusetts. White House official stated that Ms. State write in the Wall Street Journal Ms. WARREN. Madam President, I Kraninger ‘‘will bring . . . much-need- complaining about what he calls ‘‘cat- ask unanimous consent to speak for up ed management experience [to the erwauling’’ in the U.S. Congress about to 10 minutes. CFPB].’’ A quick search on Google what happened, you bet people in the The PRESIDING OFFICER. Is there shows that is bogus. Senate are upset about the fact that an objection? Ms. Kraninger’s tenure at OMB has American resident—a writer for a Mr. GARDNER. Reserving the right been marred by systemic management major American newspaper—got mur- to object, we have a standing order. failures. As an OMB official with pri- dered in the Saudi consulate in The PRESIDING OFFICER. Is there mary responsibility over the Depart- Istanbul, and the President of the objection? ments of Justice and Homeland Secu- United States wants to not only just Mr. GARDNER. I object. rity, Ms. Kraninger was one of the offi- look the other way but is actually The PRESIDING OFFICER. Objec- cials responsible for managing and im- complicit in providing the cover story tion is heard. plementing President Trump’s zero-tol- for the Crown Prince of Saudi Arabia. Ms. WARREN. I suggest the absence erance policy. The policy resulted in a So there is a lot of caterwauling going of a quorum. humanitarian catastrophe in which on. The PRESIDING OFFICER. The thousands of children were ripped from The President made another bizarre clerk will call the roll. the arms of their mamas and daddies statement that began with the sen- The senior assistant bill clerk pro- and thrown into cages. tence ‘‘The world is a dangerous place’’ ceeded to call the roll. Ms. Kraninger bungled the response and then went on to somehow justify Ms. WARREN. Madam President, I to the three catastrophic hurricanes of ignoring Saudi’s conduct and the mur- ask unanimous consent that the order 2017. Under Ms. Kraninger’s leadership, der. Yes, the world is a dangerous for the quorum call be rescinded. OMB’s budget requests in the wake of place, and it is made a lot more dan- The PRESIDING OFFICER. Without Hurricanes Irma, Maria, and Harvey gerous when the President of the objection, it is so ordered. were too little, too late. United States looks the other way Ms. WARREN. Madam President, I Ms. Kraninger oversaw a budget that, when one of our so-called allies—and ask unanimous consent to speak for 5 if enacted, would have exacerbated, they have been an important ally in minutes. rather than alleviated, the Nation’s af- some respects—is actually complicit in The PRESIDING OFFICER. Is there fordable housing crisis. the murder of an American resident objection? No, it isn’t Ms. Kraninger’s manage- overseas. That makes the world much Without objection, it is so ordered. ment experience that got her a giant more dangerous for all Americans and NOMINATION OF KATHY KRANINGER promotion; it is her enthusiasm for all people around the world. Ms. WARREN. Madam President, 10 Mick Mulvaney’s anti-consumer agen- It is important that the United years ago, greedy financial institutes da that earned her this reward from States act to hold the Crown Prince ac- crashed our economy and crushed President Trump. How do I know that? countable. It is also important that we working families all across this coun- I asked Ms. Kraninger if she disagreed stop giving Saudi Arabia a green light try. Millions of Americans lost their with one single action that Mr. on all sorts of other conduct. This is a jobs, millions lost their homes, and Mulvaney took during the year he con- Crown Prince who kidnapped the Prime millions lost their life savings. That trolled the CFPB. She said: ‘‘I cannot Minister of Lebanon. This is a Crown crisis was no accident, and it was no identify any actions that Acting Direc- Prince who blockaded Qatar against act of God. It was caused because tor Mulvaney has taken with which I our best interests. This is a Crown Washington looked the other way while disagree.’’ Not a single one. That Prince who essentially threw out the greedy Wall Street bankers scammed means she agrees with Mick Canadian Ambassador because she had hard-working American families. It Mulvaney’s decision to drop a lawsuit the temerity to tweet about Saudi can happen again if we let it. against payday lenders who were human rights abuses against women in If we learned anything from the fi- charging vulnerable buyers 900 percent Saudi Arabia. The reason the Crown nancial crisis that nearly drove our interest. She agrees with Mick

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.016 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7210 CONGRESSIONAL RECORD — SENATE November 29, 2018 Mulvaney’s decision to gut CFPB’s of- rasso, Mike Rounds, Lamar Alexander, EXECUTIVE CALENDAR John Boozman, John Cornyn. fice that fights lending discrimination, The senior assistant legislative clerk which was designed to make sure com- The PRESIDING OFFICER. By unan- read the nomination of Jonathan A. munities of color aren’t targeted with imous consent, the mandatory quorum Kobes, of South Dakota, to be United the most abusive loans, as they were call has been waived. States Circuit Judge for the Eighth before the financial crisis. She agrees The question is, Is it the sense of the Circuit. with Mick Mulvaney’s decision to stop Senate that debate on the nomination The PRESIDING OFFICER (Mrs. of Jonathan A. Kobes, of South Da- checks that ensure that banks don’t FISCHER). The Senator from Colorado. charge our military sky-high interest kota, to be United States Circuit Judge LAND AND WATER CONSERVATION FUND rates. She agrees with Mick for the Eighth Circuit, shall be brought Mr. GARDNER. Thank you, Madam Mulvaney’s decision to censor reports to a close? President. I come to the floor today to to Congress and give student loan com- The yeas and nays are mandatory talk about a very important conserva- panies a free pass when they rip off stu- under the rule. tion program—the Land and Water dents. She agrees with Mick The clerk will call the roll. Conservation Fund. This is one of the Mulvaney’s decision to load up the The senior assistant bill clerk called crown jewels of our Nation’s conserva- CFPB with more than a dozen political the roll. tion effort. The preservation, protec- appointees to muzzle the CFPB’s pro- Mr. CORNYN. The following Senator tion, and conservation of our public fessional staff and keep them from is necessarily absent: the Senator from lands is something we take great pride doing their job. It is hard to imagine a Oklahoma (Mr. INHOFE). in in the western part of our country stronger indication that Ms. Kraninger Further, if present and voting, the and, in fact, all four corners of our intends to continue Mr. Mulvaney’s Senator from Oklahoma (Mr. INHOFE) State, and this great country takes harmful trajectory of weakening CFPB would have voted ‘‘yea.’’ great pride in the Land and Water Con- to benefit big financial institutions at The yeas and nays resulted—yeas 49, servation Fund and the efforts that it the expense of consumers. nays 49, as follows: Ms. Kraninger has absolutely no ex- [Rollcall Vote No. 251 Ex.] pursues to maintain our public lands, to show our public lands, to allow the perience in consumer finance whatso- YEAS—49 ever, but she has been nominated to exploration and use of our public lands Alexander Gardner Perdue for generations to come. head up the Consumer Financial Pro- Barrasso Graham Portman tection Bureau because she is passion- Blunt Grassley Risch The Land and Water Conservation ately committed to keeping it from Boozman Hatch Roberts Fund has had over 40,000 projects in its Burr Heller Rounds existence, billions of dollars in con- leveling the playing field for working Capito Hoeven Rubio sumer spending driven by the out- families. No thanks. Cassidy Hyde-Smith Sasse We have a lot of hard decisions to Collins Isakson Scott doors—$2 billion in State and local tax Corker Johnson Shelby revenue driven by our love of the out- make in this body, but this one is a no- Cornyn Kennedy Sullivan brainer. Hard-working American fami- Cotton Kyl doors. Hiking, hunting, fishing, skiing Thune lies deserve a fighter as the Director of Crapo Lankford in the winter, rafting in the spring are Cruz Lee Tillis all tied to the incredible conservation the CFPB. When the CFPB fights for Toomey Daines McConnell work we do in these incredible pro- consumers, students can manage their Enzi Moran Wicker loans. When the CFPB fights for con- Ernst Murkowski Young grams through the Land and Water sumers, servicemembers can serve Fischer Paul Conservation Fund. their country without worrying that NAYS—49 Colorado’s outdoor recreation activi- ties have made it the destination, not their families will be crushed by debt. Baldwin Hassan Peters When the CFPB fights for consumers, Bennet Heinrich Reed just part of the year but all of the year, seniors can retire with dignity. When Blumenthal Heitkamp Sanders for people looking for adventure oppor- Booker Hirono Schatz tunities in our great outdoors. As I the CFPB fights for consumers, 29 mil- Brown Jones Schumer lion families get checks for over $12 Cantwell Kaine mentioned, we generate $28 billion in Shaheen consumer spending just in the State of billion from financial institutions that Cardin King Smith Carper Klobuchar Stabenow Colorado for our outdoors economy. cheated them—and that happened in Casey Leahy Tester The Land and Water Conservation just 6 years. Coons Manchin Udall Cortez Masto Markey Fund isn’t just about preserving land Working families need a CFPB Direc- Van Hollen Donnelly McCaskill because we want to conserve the land; tor who is a fighter with a proven Warner Duckworth Menendez it is about our economy—our recre- track record of making the consumer Durbin Merkley Warren marketplace safe and aggressively pur- Feinstein Murphy Whitehouse ation economy—and those $2 billion in suing companies that cheat their cus- Gillibrand Murray Wyden State and local tax revenues generated tomers. Kathleen Kraninger is not that Harris Nelson by that. It employs over 200,000 people person. Let’s do our job. Let’s reject PRESENT AND GIVING A LIVE PAIR in an outdoors economy. The Land and this nominee. Flake, against Water Conservation Fund is a critical part of that. We have this economy be- f NOT VOTING—1 cause of our public lands—the exten- CLOTURE MOTION Inhofe sive efforts we have undertaken to con- The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. The Sen- serve them in a condition that the next to rule XXII, the Chair lays before the ator from Arizona. generation will also get to enjoy. Senate the pending cloture motion, Mr. FLAKE. Madam President, on One of those tools, the Land and which the clerk will report. this vote, I have a pair with the Sen- Water Conservation Fund has lapsed. It The senior assistant bill clerk read as ator from Oklahoma, Mr. INHOFE. If he has been 60 days since the Land and follows: were present and voting, he would vote Water Conservation Fund expired. CLOTURE MOTION ‘‘yea’’. He is absent due to a family Those who would permanently reau- We, the undersigned Senators, in accord- emergency. If I were permitted to vote, thorize the Land and Water Conserva- ance with the provisions of rule XXII of the I would vote ‘‘nay’’. I therefore with- tion Fund cleared the committees of Standing Rules of the Senate, do hereby draw my vote. jurisdiction in both the House and the move to bring to a close debate on the nomi- The PRESIDING OFFICER. The Sen- Senate. The Land and Water Conserva- nation of Jonathan A. Kobes, of South Da- ator has that right. tion Fund authorization of full funding kota, to be United States Circuit Judge for The VICE PRESIDENT. On this vote has bipartisan support—Democrat and the Eighth Circuit. the yeas are 49, the nays are 49. The Republican support, House and Senate Mitch McConnell, Jerry Moran, Mike Crapo, Steve Daines, Richard Burr, Senate being equally divided, the Vice support. It is a program to sustain ac- James E. Risch, Thom Tillis, John President votes in the affirmative, and cess to land that would otherwise be Thune, Roger F. Wicker, John Hoeven, the motion is agreed to. cut off—public land held and owned by David Perdue, Pat Roberts, John Bar- The clerk will report the nomination. the American people that we don’t

VerDate Sep 11 2014 02:43 Dec 05, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD18\NOVEMBER\S29NO8.REC S29NO8 abonner on DSKBCJ7HB2PROD with CONG-REC-ONLINE