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CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25

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July 25, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 20353 was that day? It was Federal Judge There is just too much doubt about The legislative clerk read as follows: Frank Johnson of Alabama. Johnson whether Judge Southwick will have an A bill (H.R. 2638) making appropriations ordered the integration of Montgomery open mind when it comes to civil rights for the Department of Homeland Security for buses after Rosa Parks’ protest in 1956, and the rights of ordinary people in his the fiscal year ending September 30, 2008, and and he was the one who allowed that court, and that is why I will oppose for other purposes. march in Selma to take place. Because him if he comes before the Judiciary Pending: of Judge Johnson’s courage, he was Committee. Byrd/Cochran amendment No. 2383, in the shunned by his community, ostracized. A final word. Senator PATRICK nature of a substitute. Bingaman amendment No. 2388 (to amend- His mother’s home was bombed. He was LEAHY, the chairman of the Senate Ju- ment No. 2383), to provide financial aid to threatened many times because of his diciary Committee, has said he will local law enforcement officials along the Na- courage when it came to the issue of call Judge Southwick for a vote when- tion’s borders. civil rights. ever Senator SPECTER and the Repub- The PRESIDING OFFICER. The Sen- So when we speak of the Fifth Cir- lican minority want his name to be ator from West Virginia. cuit, and its history, and Federal called. I do not know how my col- Mr. BYRD. Mr. President, I thank my judges, I think of Frank Johnson and leagues on the Democratic side will friend and colleague, the very able and what he meant to America’s history vote. I know many of them share my distinguished Senator from South because of his courage. misgivings. Carolina, for his characteristic cour- At Judge Southwick’s nomination Judge Southwick has had a hearing, tesy. hearing, I wanted to be fair with him, which is more than can be said for Mr. President, this morning, we re- and I asked him a question which was many nominees from the Clinton ad- turn to the consideration of the fiscal maybe one of the easiest questions you ministration—over 60 judicial nomi- year 2008 Homeland Security appro- could ask of a nominee. I asked him to nees were bottled up in the Senate Ju- priations bill. The Appropriations Com- name a single time in his career or in diciary Committee during those years, mittee, by a vote of 29 to 0, produced a his life when he took an unpopular never even given the dignity or cour- balanced and responsible bill. point of view on behalf of the voiceless tesy of a hearing and vote. Judge The bill includes significant re- or powerless. He could not name a sin- Southwick had his hearing. He had his sources for border security, for enforc- gle instance. opportunity to speak and answer ques- ing our immigration laws, and for im- I thought, perhaps that was not fair. tions, unlike dozens of Clinton nomi- proving security at our airports. We in- The judge should be allowed to reflect nees who never had that chance. clude—we include, may I say—signifi- on that question. I will send it to him Now his record is there for everyone cant new resources for implementing in writing and ask him: Was there a to view, and his name is there if the the SAFE Port Act. We also restore time in your life when you sided, for Republicans decide they wish to call cuts in the first responder grants pro- example, with a civil rights plaintiff him for a vote. This is not obstruc- gram. when your court was split? He could tionism. This is the process as it Last week, the administration re- not name a single case in his judicial should work. I urge my colleagues, par- leased its latest National Intelligence career. ticularly from the State of Mississippi, Estimate concerning the terrorist There has been a heavy focus placed if Judge Southwick does not prevail, I threat to the U.S. homeland. Hear me on Judge Southwick’s votes in the so- hope they will be able to find in that now. I will say that again. Last week, called ‘‘N’’ word case—which I have great State someone who can be the administration released its latest discussed—and a custody case in which brought to this nomination who will National Intelligence Estimate con- he voted to take an 8-year-old girl not incur the wrath and doubt that cerning the terrorist threat to the U.S. away from her lesbian mother. Judge Southwick has over his decisions homeland. That is right here, the U.S. I disagree with Judge Southwick’s and over his testimony before the Sen- homeland. I will quote from the report. position in these cases. I think, sadly, ate Judiciary Committee. This is not just ROBERT BYRD talking. they show an inclination toward intol- Mr. President, I yield the floor. Let me say that again. Last week, erance and insensitivity. But I am The PRESIDING OFFICER. The Sen- the administration released its latest— sympathetic to the argument that ator from South Carolina. I am talking about the administration, these are only two cases out of thou- f the Bush administration, the adminis- sands in which he has taken part. How- tration in control of the executive ever, it is not the end of the story. HOMELAND SECURITY branch—the administration released A business group in Mississippi Mr. GRAHAM. Mr. President, a bit its latest National Intelligence Esti- looked at 638 cases during an 8-year pe- later I will be calling up an amendment mate concerning the terrorist threat to riod of time and rated Judge South- to the Homeland Security appropria- the U.S. homeland. I will quote from wick as the judge on the Mississippi tions bill pending before the Senate. I the report: Court of Appeals most likely to rule would like a moment, if I could—— We judge the U.S. Homeland will face a against common, ordinary people, em- The PRESIDING OFFICER. If the persistent and evolving terrorist threat over ployees suing their employers. Another Senator will suspend. the next three years. study showed he voted with companies Mr. GRAHAM. Yes, I certainly will. I That ought to make us sit up and and employers, businesses and powerful believe Senator BYRD wants to make a take notice. I am going to say it again. interests, in 160 out of 180 cases in statement first. Hear me. which there was a split decision. f Last week, the administration re- Many groups that do not normally leased its latest National Intelligence take a position on a Federal judge have CONCLUSION OF MORNING Estimate concerning the terrorist spoken out against Judge Southwick. BUSINESS threat to the U.S. homeland. I will There are many positive things about The PRESIDING OFFICER. Morning quote from the report: this judge’s life. He has served his business is closed. We judge the U.S. Homeland will face a country. He has served in the military. f persistent and evolving terrorist threat over And I am sure he has done many good the next three years. The main threat comes things. But when a Senator has to DEPARTMENT OF HOMELAND SE- from Islamic terrorist groups and cells, espe- make a decision about a lifetime ap- CURITY APPROPRIATIONS ACT, cially al-Qa’ida, driven by their pointment to a critical circuit court 2008 undiminished intent to attack the Homeland position, in a controversial area, where The PRESIDING OFFICER. Under and a continued effort by these terrorist groups to adapt and improve their capabili- we have had a string of controversial the previous order, the Senate will re- ties. nominees, you have to take that very sume consideration of H.R. 2638, which [W]e judge that al-Qa’ida will intensify its seriously. the clerk will report. efforts to put operatives here. VerDate Mar 15 2010 11:08 Jul 06, 2010 Jkt 059102 PO 00000 Frm 00015 Fmt 0685 Sfmt 0634 E:\BR07\S25JY7.000 S25JY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 20354 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 15 July 25, 2007 Let me repeat that word—here, H–E– President’s request for FY 2008 appropria- Secure Flight program, which addresses crit- R–E. tions. The Administration has asked that ical vulnerabilities in the Nation’s aviation Yesterday, in light of this latest Congress demonstrate a path to live within security system. The program has been de- threat assessment from the Govern- the President’s topline and cover the excess layed for many years, and lack of sufficient spending in this bill through reductions else- funding in FY 2008 would further delay it be- ment’s most senior intelligence ana- where. Because Congress has failed to dem- yond the current target deployment of 2010. lyst—I better read that again. Yester- onstrate such a path. if S. 1644 were pre- TSA has provided all requested information day, in light of this latest threat as- sented to the President, he would veto the on the program and continues to work close- sessment from the Government’s most bill. ly with Congress and the Government Ac- senior intelligence analyst, I urged the The President has called on Congress to re- countability Office (GAO) to meet the ten President to reconsider his veto threat form the earmarking process that has led to mandates specified in P.L.
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