July 22, 2004 CONGRESSIONAL RECORD — SENATE S8593 NAYS—46 disturbing. What is going on is a hi- What was particularly troubling was Akaka Dorgan Lieberman jacking of the constitutional process of that Senator Abraham had worked Baucus Durbin Lincoln advice and consent. with the previous White House Coun- Bayh Feingold Mikulski This abuse of the process isn’t just Biden Feinstein sel, Mr. Ruff, to improve the consulta- Murray being used on these two nominees. Un- Bingaman Graham (FL) Nelson (FL) tion process. In fact, despite previous Boxer Harkin Nelson (NE) fortunately, we have now reached dou- difficulties, Senator Abraham had fully Breaux Hollings Pryor ble-digit filibusters. There are ten judi- cooperated with the administration in Byrd Inouye Reed Cantwell Jeffords cial nominees who have been subjected advancing the nominations of a num- Reid Carper Johnson to a filibuster. They are Miguel ber of nominees. Unfortu- Rockefeller Clinton Kennedy Sarbanes Estrada, D.C. Circuit; , nately, the situation again deterio- Conrad Kohl 5th Circuit; William Pryor, 11th Cir- Corzine Landrieu Schumer rated and the White House reverted to Daschle Lautenberg Stabenow cuit; Charles Pickering, 5th Circuit; its previous pattern of lack of con- Dayton Leahy Wyden Carolyn Kuhl, 9th Circuit; Janice Rog- sultation. In fact, Senator Abraham Dodd Levin ers Brown, D.C. Circuit; Williams was not consulted and in fact was told NOT VOTING—2 Myers, 9th Circuit; , 6th by the White House Counsel that de- Edwards Kerry Circuit; David McKeague, 6th Circuit; spite earlier representations, the ad- and Richard Griffin, 6th Circuit. In ad- The PRESIDING OFFICER. On this ministration felt under no real obliga- dition to these ten individuals, there vote, the yeas are 52 and the nays are tion to do anything of the kind. are five additional Circuit Court nomi- Because of the White House’s lack of 46. Three-fifths of the Senators duly nations that are threatened to be fili- consultation, the nominations of the chosen and sworn not having voted in bustered—Claude Allen, 9th Circuit; two individuals did not move forward. the affirmative, the motion is rejected. , 4th Circuit; Susan This was consistent with my well stat- Mr. REID. I move to reconsider the Neilson, 6th Circuit; Brett Kavanaugh, ed policy, communicated to Mr. Ruff, vote. D.C. Circuit; and William Haynes, 4th that if good faith consultation has not Mr. BOND. I move to lay that motion Circuit. taken place, the Judiciary Committee on the table. These individuals being filibustered will treat the return of a negative blue The motion to lay on the table was represent a cross section of America slip by a home state Senator as disposi- agreed to. and include men and women as well as tive and the nominee will not be con- f members of various minority groups. sidered. NOMINATION OF RICHARD A. GRIF- And they are decent individuals with At the end of the Clinton presidency, FIN TO BE UNITED STATES CIR- outstanding records in the law, in pub- the nominations of Ms. White and Ms. CUIT JUDGE FOR THE SIXTH lic service and in their States and com- Lewis were returned to the President CIRCUIT munities. unconfirmed. Their renomination was It appears that these nominations urged by Senators LEVIN and STABENOW MOTION are being tied up as some sort of pay- at the beginning of President Bush’s The PRESIDING OFFICER. Under back for the way President Clinton’s administration. During the spring and the previous order and pursuant to rule nominees were treated. However, a re- summer of 2001, there was considerable XXII, the clerk will report the motion view of the record will demonstrate consultation by the President with the to invoke cloture. that this contention is without merit. Michigan Senators regarding nomina- The assistant legislative clerk read What is happening is the creation of a tions to judicial vacancies, and the as follows: stalemate for political purposes. Sixth Circuit in particular. CLOTURE MOTION The current controversy surrounding While the White House protected its We the undersigned Senators, in accord- the nomination of Henry Saad to be constitutional prerogative to nominate ance with the provisions of Rule XXII of the United States Circuit Judge for the individuals to the judiciary, there was Standing Rules of the Senate, do hereby Sixth Circuit dates back a decade. At an offer to consider nominating both of move to bring to a close debate on Executive the end of President George H.W. the two individuals to Federal judge- Calendar No. 789, Richard A. Griffin of Michi- Bush’s administration two Michigan ships in Michigan in an effort to ad- gan, to be U.S. circuit judge for the Sixth nominees to the federal courts were de- Circuit. vance the process. These overtures Bill Frist, , Lamar Alex- nied hearings by the Democratic Sen- were not only rebuffed, but in fact ander, Charles Grassley, Mike Crapo, ate and failed to attain confirmation. holds were requested to be placed on all Pete Domenici, Lincoln Chafee, Mitch Those nominees were John Smientanka Sixth Circuit nominations. McConnell, Ted Stevens, George Allen, and Henry Saad, whose nomination we This was an unfortunate escalation Lindsey Graham, John Warner, Jeff are considering again today. of the dispute, and was particularly un- Sessions, John Ensign, Trent Lott, Jim As President Clinton named his fair to other States in the Sixth Cir- Talent, Pat Roberts. nominees to fill judicial vacancies, cuit. In addition, this left the circuit at Mr. HATCH. Mr. President, I am there was no expectation, let alone de- half-strength. Fortunately, we have pleased that we are considering the mand, that the two previous nominees been able to confirm non-Michigan nominations of Judge Richard Griffin be renominated by a new administra- judges to the circuit court. and Judge David W. McKeague, who tion. Accordingly, President Clinton I regret that the cycle of acrimony have been nominated by President did nominate Michigan nominees to and partisanship has escalated over the Bush to serve on the United States both the Sixth Circuit and the district past decade. I believe the Bush admin- Court of Appeals for the Sixth Circuit. courts. In fact, nine of those nominees istration made a good faith offer and These individuals each have a sterling were confirmed. A majority were con- regrets that the compromise was not resume and a record of distinguished firmed during Republican control of accepted. However, even as the Judici- public service. So I rise today to ex- the Senate. ary Committee gives appropriate con- press my enthusiastic support for the Two nominees, and sideration to the views of home State confirmation of Judge Richard Griffin Kathleen McCree Lewis, failed to at- senators, it is not in the public interest and Judge David W. McKeague to the tain confirmation. The primary cir- to permit this partisan obstructionism Sixth Circuit Court of Appeals. cumstance for their failed nomination to continue. It is unfortunate that we have to con- was the lack of consultation with one So let me summarize regarding the tinue coming to the floor to vote on of the home State senators. In his let- treatment of Michigan judicial nomi- cloture motions, to end debate on these ter to then White House Counsel Beth nees. During the current Bush presi- nominations, rather than the Senate Nolan, Senator Abraham wrote to ex- dency the Senate has confirmed no being able to vote up or down on the press his astonishment and dismay Michigan judges. Six nominations are merits of the nomination. This unprec- that President Clinton forwarded the pending. During the Clinton presidency edented abuse of the process, by fili- nomination for a Sixth Circuit seat the Senate confirmed nine Michigan buster, to prevent a majority of the without any advance notice or con- judges. Although two Michigan nomi- Senate from exercising its will is truly sultation. nees were left unconfirmed at the end

VerDate jul 14 2003 01:48 Jul 23, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.005 S22PT1 S8594 CONGRESSIONAL RECORD — SENATE July 22, 2004 of the Clinton presidency, two nomi- tered by Democrats. Judge Griffin de- Judge McKeague has been active as a nees were also left without hearings at serves to fare better, and I certainly member of several community, local, the end of President Bush’s term in hope we can give his nomination an up- and professional organizations, includ- 1993. During the first Bush presidency or-down vote on the Senate floor. ing the Judicial Conference of the the Senate confirmed six Michigan Simply put, Judge Griffin—along United States, the Federal Judicial judges. Two nominations were returned with the other qualified nominees to Center, the Michigan State and Ingham to the President. the Sixth Circuit—deserves a vote. I County bar associations, the board of So for those who like to keep score, urge my colleagues to do what is right directors of a community museum that the Michigan judge tally is as follows: and join me in supporting his confirma- provides science education for children, Current President Bush: 0–6; President tion to the Sixth Circuit Court of Ap- Junior Achievement, which provides Clinton: 9–2; former President Bush: 6– peals. business education to high school stu- 2. The record is clear that previous Judge David McKeague has also been dents, and Camp Highfields, a private Presidents were treated fairly by the nominated to serve on the Sixth Cir- facility that provides housing and Senate. It is time to give President cuit Court of Appeals. Judge McKeague counseling for troubled youth. He has Bush the same courtesy and move for- was first nominated to fill a Federal also been active as a member of the ward with his Michigan Judges to the judgeship in 1992, when the first Presi- Wharton Center for the Performing Sixth Circuit and the District Courts. dent Bush nominated him for a seat on Arts Advisory Council, the American We can begin by approving the cloture the United States District Court for Inns of Court, the Catholic Lawyers motions we will vote on today for the Western District of Michigan. The Guild, and the Federalist Society for Henry Saad, Richard Griffin, and David Judiciary Committee voted him to the Law and Public Policy Studies. While McKeague. floor with several other district court in private practice and since his serv- Yesterday I spoke about the quali- nominees en bloc, without any objec- ice on the Federal bench began, he has fications of Henry Saad. I would like to tion, and the full Senate confirmed directed and participated in numerous say a few words about the qualifica- him to the Federal bench by unani- seminars, moot court competitions, tions of the other two nominees whom mous consent. Since 1992, he has served and trial advocacy programs at high we are voting on today. with distinction in the Western Dis- schools, universities and law schools Judge Griffin has exceptional quali- trict of Michigan, and since 1994 has throughout Michigan. In addition, fications for the Federal appellate regularly been designated to sit on prior to his confirmation to the Fed- bench. After graduating from the Uni- panels and draft appellate opinions for eral bench, he served 6 years in the versity of Michigan Law School in 1977, the Sixth Circuit Court of Appeals. United States Army Reserve. Since Judge Griffin spent 11 years in the pri- On November 8, 2001, President Bush 1998, he has also served as an adjunct vate practice of law first as an asso- nominated Judge McKeague for a seat professor of law at Michigan State Uni- ciate at Williams, Coulter, on the Sixth Circuit, the position for versity’s College of Law, where Cunningham, Davison & Read from which we are considering him today. he teaches Federal jurisdiction. 1977–1981, then as a partner from 1981– When no action was taken on his nomi- Judge McKeague is a distinguished 1985. In 1985, Judge Griffin founded the nation during the 107th Congress, and well-respected Federal judge who, firm Read & Griffin, in Traverse City, President Bush renominated him to the in the words of one of his current col- MI. Sixth Circuit on January 7, 2003. As leagues on the Federal district court, During his private practice Judge with the other nominees, it is time for ‘‘let the law and the facts take him Griffin specialized in automobile neg- the Senate to vote up or down on this where they take him.’’ He will make an ligence, premises liability, products li- nomination. outstanding addition to the Sixth Cir- ability, and employment law. Addition- In Judge McKeague, we have a jurist cuit, and I urge my colleagues to vote ally, he provided pro bono legal serv- with impressive credentials who will for his confirmation. ices as a volunteer counselor and attor- honor his hometown of Lansing and Let me make something absolutely ney with the Third Level Crisis Center. serve with great distinction as a Sixth clear: We need to vote on these nomi- In 1988, Judge Griffin was elected to Circuit judge, as he already has for nations because it is critical that these the Michigan Court of Appeals. He was more than a decade as a Federal dis- Sixth Circuit vacancies are filled as ex- elected to retain his seat in 1996 and trict judge in western Michigan. peditiously as possible. again in 2002. Judge McKeague graduated from the The Sixth Circuit has a vacancy rate Judge Griffin was first nominated to University of Michigan in 1968 and then of 25 percent, and the four vacancies this position by President George W. attended the University of Michigan are all deemed judicial emergencies by Bush on June 26, 2002. He was renomi- Law School. Upon his graduation from the Administrative Office of the U.S. nated to this seat on January 7, 2003. law school in 1971, he joined the law Courts. Among the twelve United He is universally respected as one of firm of Foster, Swift, Collins & Smith, States Courts of Appeal, the Sixth Cir- the best judges in Michigan. He is not P.C., in Lansing, MI, and in 1976 was cuit is last in the timeliness of its dis- a controversial nominee. Yet he has elected a shareholder and director of position of cases. For the 12-month pe- been waiting for a vote for over 750 the firm. Judge McKeague served on riod ending September 30, 2003, the me- days because my colleagues on the the firm’s executive committee in var- dian time interval from filing of Notice other side of the aisle are, once again, ious offices, and was chairman of the of Appeal to final disposition was 16.8 playing politics with the Federal judi- firm’s government and commerce de- months. This was nearly 10 months ciary. partment, from 1979 until his confirma- longer than the Fourth Circuit Court Judge Griffin has an exemplary tion to the Federal bench in February of Appeals which was the fastest court record that includes service as both a 1992, where he serves as a judge on the that year at 7 months. By comparison, committed advocate and an impartial U.S. District Court for the Western the average disposition time for ap- jurist. The American Bar Association District of Michigan. peals in all Circuits was about 101⁄2 has rated him well qualified for this po- Since 1994, Judge McKeague regu- months. sition. Although the ABA rating used larly has participated by designation Mike Cox, the Attorney General for to be the gold standard as far as my on, and authored appellate opinions the State of Michigan, wrote to the Democratic colleagues were concerned, for, panels of the U.S. Court of Appeals committee last year: I am only half joking when I say that for the Sixth Circuit. So he already has My office alone has over 430 cases cur- an ABA rating of well qualified seems considerable experience in handling rently pending before the Sixth Circuit to have become the kiss of death for Federal appellate cases—in fact, I un- Court of Appeals. Those cases range the President Bush’s judicial nominees. derstand that none of the decisions he gamut of the law, from habeas matters in- Miguel Estrada, Carolyn Kuhl, David has authored for the Sixth Circuit have volving horrendous murders to cases involv- ing matters of broad public policy. . . . [O]n McKeague, William Haynes, Charles been reversed—and I am certain that behalf of the citizens of my state, I urge you Pickering and Priscilla Owen, all re- experience will serve him well once he to quickly approve Judge Saad’s nomination, ceived Well Qualified ratings from the is handling cases full time on the Sixth and begin easing the vacancy crisis that has ABA, and all are, or were, being filibus- Circuit. lingered far too long at the Sixth Circuit.

VerDate jul 14 2003 03:15 Jul 23, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.072 S22PT1 July 22, 2004 CONGRESSIONAL RECORD — SENATE S8595 District judges and U.S. attorneys Three-fifths of the Senators duly cho- NAYS—44 within the Sixth Circuit have publicly sen and sworn not having voted in the Akaka Dodd Leahy stated that the vacancy rate in the affirmative, the motion is rejected. Baucus Dorgan Levin Sixth Circuit has slowed the adminis- Mr. REID. Mr. President, I move to Bayh Durbin Lieberman Biden Feingold Mikulski tration of justice. Accordingly, nine reconsider the vote and to lay that mo- Bingaman Feinstein Murray members of Michigan’s Congressional tion on the table. Boxer Graham (FL) Nelson (FL) delegation have written to the Judici- The motion to lay on the table was Breaux Harkin Pryor Byrd Hollings Reed ary Committee, expressing their deep agreed to. Cantwell Inouye Reid concern over the persistence of the Carper Jeffords Rockefeller f Clinton Johnson Michigan vacancies and urging us to Sarbanes Conrad Kennedy confirm President Bush’s Michigan Schumer NOMINATION OF DAVID W. Corzine Kohl nominees. Under such circumstances, Daschle Landrieu Stabenow with the understanding that we will MCKEAGUE TO BE UNITED Dayton Lautenberg Wyden STATES CIRCUIT JUDGE FOR continue to work to resolve the Michi- NOT VOTING—3 THE SIXTH CIRCUIT gan Senators’ concerns, we simply Edwards Gregg Kerry must move forward on these nomina- The PRESIDING OFFICER. Under The PRESIDING OFFICER. On this tions and confirm Judge Saad, Judge the previous order and pursuant to rule vote, the yeas are 53, the nays are 44. Griffin, and Judge McKeague to the XXII, the clerk will report the motion Three-fifths of the Senators duly cho- Sixth Circuit. to invoke cloture. sen and sworn not having voted in the I yield the floor. The legislative clerk read as follows: affirmative, the motion is rejected. The PRESIDING OFFICER. By unan- CLOTURE MOTION Mr. REID. Mr. President, I move to imous consent, the call for a quorum We the undersigned Senators, in accord- reconsider the vote. has been waived. ance with the provisions of Rule XXII of the Mr. LEVIN. I move to lay that mo- The question is, Is it the sense of the Standing Rules of the Senate, do hereby tion on the table. Senate that debate on the nomination move to bring to a close debate on Executive The motion to lay on the table was of Richard A. Griffin, of Michigan to be Calendar No. 790, David W. McKeague, of agreed to. Michigan, to be U.S. circuit judge for the United States Circuit Judge for the The PRESIDING OFFICER. The Sen- Sixth Circuit shall be brought to a Sixth Circuit. Bill Frist, Orrin Hatch, Lamar Alex- ator from Wisconsin. close. ander, Charles Grassley, Mike Crapo, Mr. FEINGOLD. I ask unanimous The yeas and nays are required under Pete Domenici, Lincoln Chafee, Mitch consent to speak as if in morning busi- the rule. McConnell, Ted Stevens, George Allen, ness. The clerk will call the roll. Lindsey Graham, John Warner, Jeff The PRESIDING OFFICER. Without The legislative clerk called the roll. Sessions, John Ensign, Trent Lott, Jim objection, it is so ordered. Talent, Pat Roberts. Mr. REID. I announce that the Sen- f ator from North Carolina (Mr. ED- The PRESIDING OFFICER. By unan- GENOCIDE IN SUDAN WARDS) and the Senator from Massa- imous consent, the mandatory quorum chusetts (Mr. KERRY) are necessarily call has been waived. Mr. FEINGOLD. Mr. President, I rise absent. The question is, Is it the sense of the to join my colleagues in expressing my The PRESIDING OFFICER. Are there Senate that debate on the nomination continued grave concern about the sit- any other Senators in the Chamber de- of David W. McKeague, of Michigan, to uation in Darfur, Sudan. For months siring to vote? be United States Circuit Judge for the now, Members of Congress have come The yeas and nays resulted—yeas 54, Sixth Circuit, shall be brought to a to the floor to express their outrage at nays 44, as follows: close. the situation in Darfur. All credible [Rollcall Vote No. 161 Ex.] The yeas and nays are required under evidence indicates that what is unfold- YEAS—54 the rule. ing in Darfur is genocide. Already, an estimated 30,000 civilians have been Alexander Dole McConnell The clerk will call the roll. Allard Domenici Miller The legislative clerk called the roll. killed. More than 130,000 refugees have Allen Ensign Murkowski Mr. MCCONNELL. I announce that fled to Chad, and more than 1 million Bennett Enzi Nelson (NE) the Senator from New Hampshire (Mr. people have been displaced. Bond Fitzgerald Nickles Numerous credible reports document Brownback Frist Roberts GREGG) is necessarily absent. Bunning Graham (SC) Santorum Mr. REID. I announce that the Sen- the widespread use of rape as a weapon Burns Grassley Sessions ator from North Carolina (Mr. ED- against female civilians. Entire com- Campbell Gregg Shelby munities have been razed, mosques de- Chafee Hagel Smith WARDS) and the Senator from Massa- Chambliss Hatch Snowe chusetts (Mr. KERRY) are necessarily stroyed, and wells poisoned, guaran- Cochran Hutchison Specter absent. teeing that a grave humanitarian crisis Coleman Inhofe Stevens The PRESIDING OFFICER (Mr. will continue to unfold for many Collins Kyl Sununu months or even years. And now reports Cornyn Lincoln Talent GRAHAM of South Carolina). Are there Craig Lott Thomas any other Senators in the Chamber de- indicate that terrified survivors are Crapo Lugar Voinovich siring to vote? being forced to return to their homes, DeWine McCain Warner The result was announced—yeas 53, which have been utterly destroyed, in a NAYS—44 nays 44, as follows: context of serious insecurity by Gov- Akaka Dodd Leahy [Rollcall Vote No. 162 Ex.] ernment officials who apparently view Baucus Dorgan Levin their own suffering citizens as some- YEAS—53 Bayh Durbin Lieberman thing like a source of embarrassment. Biden Feingold Mikulski Alexander Dole Miller Those of us who have followed devel- Bingaman Feinstein Allard Murray Domenici Murkowski opments in Sudan for many years see a Boxer Graham (FL) Nelson (FL) Allen Ensign Nelson (NE) Breaux Harkin Pryor Bennett Enzi Nickles horrifying familiarity in this crisis. Byrd Hollings Reed Bond Fitzgerald Roberts The Government of Sudan has delib- Cantwell Inouye Reid Brownback Frist Santorum Carper Jeffords erately provoked a humanitarian ca- Rockefeller Bunning Graham (SC) Sessions Clinton Johnson Burns tastrophe before in an attempt to re- Sarbanes Grassley Shelby Conrad Kennedy Campbell Hagel Schumer Smith press dissent, and so for months now Corzine Kohl Chafee Hatch Stabenow Snowe Members have come to the floor to Daschle Landrieu Chambliss Hutchison Specter Dayton Lautenberg Wyden Cochran Inhofe speak out about this crisis. Coleman Kyl Stevens I have written and spoken to admin- NOT VOTING—2 Collins Lincoln Sununu istration officials, to U.N. officials, and Talent Edwards Kerry Cornyn Lott to European officials to call for action Craig Lugar Thomas The PRESIDING OFFICER. On this Crapo McCain Voinovich and a firm unified message to Khar- vote, the yeas are 54, the nays are 44. DeWine McConnell Warner toum. I have raised the issue, as have

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