E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, SECOND SESSION

Vol. 164 WASHINGTON, FRIDAY, OCTOBER 5, 2018 No. 166—Book II Senate EXECUTIVE CALENDAR—Continued the literal text of the statute over up- tections or Congress’s clear intent in The PRESIDING OFFICER (Mr. holding the hard-won rights of all writing them. It is not just some theoretical issue. TILLIS). The Senator from Washington. Americans. Ms. CANTWELL. Mr. President, I When it comes to the rights of con- Today, these protections are being come and join my colleague from Or- sumers—healthcare rights, environ- threatened in the courts. They are egon on the floor this evening and mental laws, privacy rights, labor being threatened by a group of Repub- lican attorneys general who are trying thank him very much for his comments rights—I want to know where a Su- to get a Federal court in Texas to and hard-fought efforts to try to illu- preme Court Justice is going to be in strike down these protections in the minate the issues that are before the upholding those hard-won rights that healthcare law, and the Justice Depart- American people in this nomination Americans and our society have pushed forward for decades. In this case, he ment has decided to join those States that we are going to be voting on. in asking the courts to strike down As nightfall does not come at once, neither will be replacing a Justice who has been a key vote on many fundamental these preexisting condition protec- does oppression. In both instances, there is a tions. So this case is definitely work- twilight . . . and it is in such twilight that rights in America. we all must be most aware of change in the So I definitely express my opinion ing its way through the court system air—however slight—lest we become unwit- that I do not believe that Judge and could likely end up before the Su- ting victims of the darkness. Kavanaugh will protect those hard-won preme Court. Some have suggested: Well, don’t Those aren’t my words; those are the rights. And my concern is that he does worry about that. Don’t worry about words of the late Supreme Court Jus- not have a judicial philosophy that is that because Justice Roberts will up- tice William O. Douglas. Yes, that is in the mainstream views of America. hold the healthcare law. He will be the right, I quoted William O. Douglas— He has the most dissents of any judge swing vote, and Judge Kavanaugh’s ap- not because he was from Yakima, WA, on the DC Circuit. That is to say that pointment to the Supreme Court is ir- via Maine, originally, but because I he is dissenting from even the most relevant on this point. wanted to bring up the rights of Ameri- conservative judges on that Court. He That is wrong. First, you really can’t cans that could be undermined by the is still dissenting. So I don’t find those count on Chief Justice Roberts in up- confirmation of Judge Kavanaugh to views in the mainstream views of holding the Affordable Care Act. In the Supreme Court. That is because for Americans. fact, that is what the attorneys general generations the U.S. Supreme Court Let’s just take one example: are arguing, that his previous decision has been an institution that affirmed healthcare. More than 3 million Wash- will help to strike down the law. The rights of Americans and moved our ingtonians in my State have pre- times and circumstances are different country forward, especially when we existing conditions, such as diabetes, now because the Federal Government needed it most. heart disease, and asthma, and Ameri- isn’t fighting to protect the Affordable In 1954, it made a landmark decision cans don’t want to be discriminated Care Act, which it did in previous ad- to end segregation of our schools and against because of their medical his- ministrations, and there is no guar- to rightly give access to equal edu- tory. antee that Justice Roberts will rule in cation. In 1964, it recognized the right More than 75 percent of Americans favor of the law. There are other as- to privacy and the ability to access support the preexisting condition pro- pects of the Affordable Care Act that contraception. It is hard to imagine tections that have been put into law he has also sided against. today, in this era, that we needed that under the Affordable Care Act. These It is hard to believe now that this fundamental right and that it had been protections help keep them from hav- fundamental right that has been so previously blocked. Yet it was. In 2015, ing medical debt and uncompensated hard fought for so many people may be the Supreme Court upheld the funda- care. All of these issues are very impor- in danger. I can say that in my State, mental rights of marriage for same-sex tant for us to continue to protect. I have been in hospital after hospital couples, holding that they had equal In 2011, Judge Kavanaugh refused to and healthcare facility after protection under the law. uphold the constitutionality of the Af- healthcare facility. Doctors say to me Yes, these are rights that have been fordable Care Act, and he has criticized that they can’t even imagine what it is decided by our Court and have moved the Supreme Court’s decision to uphold going to be like to go back to prior to our country forward. So I became very parts of that law. In his confirmation the preexisting condition protections. concerned when President Trump nom- hearings, he refused to say whether It has become such a norm that they inated Judge Brett Kavanaugh to the these current protections for Ameri- are covering people that they couldn’t Supreme Court because he was on a list cans are constitutional. His record sug- imagine that kind of discrimination of an organization that wanted to see gests that he will not defend these pro- today.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.110 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6636 CONGRESSIONAL RECORD — SENATE October 5, 2018 When it comes to reproductive ments on President Trump’s discrimi- Environmental Protection Agency has rights, those are under threat as well. natory ban on transgender service- the authority to regulate greenhouse In 2017, Judge Kavanaugh suggested members. The rights of LGBTQ Ameri- gases under the Clean Air Act, and Jus- that he supported Justice Rehnquist’s cans are at stake with Judge tice Kennedy, whom Judge Kavanaugh dissent in Roe v. Wade, which called Kavanaugh on the Bench because his will replace, provided the fifth and de- the landmark decision a product of broad view of religious freedom could ciding vote in that decision. But as ‘‘freewheeling judicial creation of provide a license to discriminate Kennedy’s replacement on the Court, unenumerated rights that were not against these individuals. the government’s ability to mitigate rooted in the nation’s history.’’ Judge Kavanaugh’s record also sug- climate change could be lost. That As somebody who sat on the Judici- gests that he will be hostile to the pro- would mean everything from not ad- ary Committee for the first 2 years I tection of other privacy rights. In 2015, dressing these impacts we are seeing on was in the Senate, I can guarantee that after it was revealed that the National our coastal communities to what we I asked every judicial nominee whether Security Administration, NSA, had are seeing in damage from wildfires, they believed in the penumbra of rights been collecting Americans’ phone and it could mean that the report that guaranteed in the Constitution for the records in bulk without warrant, Judge was done by the Government Account- right to privacy or they didn’t. The Kavanaugh decided that national secu- ability Office saying that climate reason I did that is because those who rity needs outweighed individuals’ change impacts are costing us over $620 really don’t believe that Roe was right- right to privacy. He supported expand- billion every 10 years will continue to ly decided believe that those rights are ing warrantless surveillance by the be ignored. not enumerated and could overturn government. We want a Supreme Court Justice them in the future. What is more, Judge Kavanaugh has who is going to follow the law and While Judge Kavanaugh may now be- ruled in favor of a restrictive voter abide by and uphold what Congress has lieve that Roe v. Wade is settled law, identification law, raising concerns said, and that is what the Court has records from his days in the adminis- that he would support scaling back said as well. Judge Kavanaugh said he tration raise doubts. Perhaps more im- hard-won voting rights. Those rights didn’t think the EPA had the authority portantly, during his confirmation are sacred in our country, and the last to regulate air pollution across States. hearing, he refused to say whether it thing we need is a Supreme Court that The U.S. Supreme Court reversed his was wrongly decided. Why is that im- would refuse to defend them. opinion. In a 6-to-2 decision, they con- I am also concerned about his views portant? Because in the near future, if cluded that Judge Kavanaugh had im- on issues that could affect Native a majority on the Supreme Court de- properly applied his own policy judg- Americans. Native Americans need to cides that it was previously wrongly ment rather than the plain text of the have their sovereignty recognized and statute written by Congress. That is decided, they can just overturn it. their rights protected. In this term If Judge Kavanaugh does not believe what the Supreme Court said in revers- alone, there could be three cases before the Constitution gives women the right ing him. the Court, and some of the most basic to make decisions about their own bod- I will say it again. The U.S. Supreme Tribal rights in our country are at ies, then whatever assurance he gives Court said Judge Kavanaugh used his risk. Judge Kavanaugh’s position, own policy judgments rather than the us now about precedent is hollow. This found in his own writings before he be- is why it is so important to people in law as it was written by Congress. came a Federal court judge, indicated So, yes, I have concerns that his my State. We voted in 1991 by an ini- that he did not take seriously the con- views are not in the mainstream of tiative of the people to have this right stitutional rights of Tribal govern- America and of judicial philosophy in our State law. We in the State of ments and the sovereign obligation of when it comes to protecting our envi- Washington and millions of women the United States when it entered into ronment. want to see every woman in America treaties and agreements with Tribal In another case, he opposed the have these same rights. and Indian people and Alaska Natives. EPA’s interpretation that it could con- I took President Trump at his word Time and again, these issues are be- trol ‘‘any air pollutant’’ because he when he said he was going to put a fore us and before a court, and that is thought that the terms of the Clean nominee on the Court who automati- why, as I said, I believe in a court that Air Act didn’t include that. He also cally would overturn this. These Jus- protects these hard-won rights. I know sought to limit its authority to protect tices—Roberts and conservatives like that textualists will tell you some- Americans from greenhouse gases. In a Alito, Thomas, and Gorsuch—would thing different, but where would we be 2013 case—the Center for Biological Di- now be joined by Kavanaugh and over- on just the basic rights of contracep- versity—Kavanaugh said that the turn this right in a 5-to-4 decision. tion if we didn’t have a court that did Clean Air Act does not even cover car- Even if they don’t fully overturn it, not find unenumerated rights in our bon dioxide at all. they could effectively undermine its Constitution? Where would we be on In fact, he ruled to weaken environ- protections piece by piece. Chief Jus- the future rights of privacy that need mental protections in 89 percent of the tice Roberts, for instance, has repeat- to be protected in the United States of cases that have come before him. So I edly upheld restrictive limits on repro- America? do not call that in the mainstream ductive rights. These Justices have Time and again, Judge Kavanaugh views of judicial philosophy. proven themselves very willing to re- has favored big companies over every- Tomorrow, we will have major issues strict access to safe and legal abor- day Americans, using a twisted logic to before us as this vote takes place. tions. defend big corporate polluters. When it comes to whether you are sid- As I said, the people of my State de- Kavanaugh seems to have a particular ing on behalf of the American worker cided that they wanted to protect this, animus against the Environmental or large corporations, I, too, have con- and I am here to help and defend that Protection Agency and its efforts to cerns. for other women in the United States follow Congress in a direction that has In a 2015 case, he overruled the Na- of America. been given in law to reduce air and tional Labor Relations Board, siding If Judge Kavanaugh were to serve a water pollution. That is a direct af- with a hotel that had requested police lifetime appointment on the Court, he front to the leadership of people like officers to issue criminal citations to could also pose threats to the rights of Ed Muskie, who led Congress in its ef- union demonstrators who were legally LGBTQ Americans not just in my fort to pass the Clean Air Act in 1970 protesting. State but across the country. The Su- and control pollution and in 1990 when In another case, Kavanaugh sided preme Court will likely hear cases that Congress amended the law to combat with a company that had banned em- impact this community. acid rain, ozone depletion, and auto ployees who interacted with customers There are cases pending like the Ar- emissions. And since then, the U.S. Su- or who worked in public from wearing lene Flowers case in the State of Wash- preme Court has upheld the Clean Air union shirts that said certain words on ington where a florist refused to pro- Act. them. The NLRB found that the em- vide services at a gay couple’s wedding. In 2007, in the Massachusetts case, ployer committed an unfair labor prac- The Court could also likely hear argu- the Supreme Court ruled that the U.S. tice, but Judge Kavanaugh disagreed,

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.111 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6637 concluding that the union members did administration that every single day This institution has to figure out a not have a right to wear the shirts be- does something to not comply with the better way to lead on this issue, and I cause the company believed it would be law as it is written. The President just plan to continue to work with my col- damaged. issued an Executive order weeks ago leagues on both sides of the aisle to In 2013, a SeaWorld trainer was dis- that exempted administrative law help us continue to focus on this. So membered and killed by a whale during judges from the competitive service; many people in America are counting a live show. Kavanaugh ruled against instead allowing the agencies to hire on us, so many women in America are the Occupational Health and Safety them. counting on us, and so many Tribal Commission’s conclusions that The President’s Executive order does women are counting on us. The statis- SeaWorld had acted wrongly and had not reflect the mainstream views of tics are just too high to leave a nomi- insufficiently limited trainers’ phys- Americans. Administrative law judges nee on the Court with a doubt about ical contact with orcas. should be well qualified and impartial, this investigation, with this situation I am concerned about the informa- and the process to select them non- not rendered to a point where more tion age that we live in and that when partisan and fair. people felt that the information was it comes to issues relating to pro- Is this judge going to challenge the fully investigated. We have to do bet- tecting consumer rights, there is no President or is he just going to say ter. We are going to be challenged as bigger consumer right than protecting that he agrees with the President of we move forward. the right of those on the internet to ac- the United States? As one White House As I said, I don’t believe that Judge cess information. We cannot have a Counsel from the Nixon administration Kavanaugh’s nomination is in the two-tiered internet system in which said, if Judge Kavanaugh is confirmed, mainstream of judicial philosophy in these rights are not protected by a it ‘‘will be the most Presidential pow- the United States of America. That is court. ers-friendly Supreme Court in the mod- why I am not supporting him. I didn’t In this case, Judge Kavanaugh wrote ern era.’’ that the FCC did not have the right to support him when he was first nomi- Well, I can tell you this: If those on nated for the DC Circuit Court because regulate broadband providers as ‘‘com- the other side of the aisle are pro- mon carriers.’’ Instead, he made it I had doubts that he would be that in- moting this nomination because they dividual who would put political, par- clear that he believes that broadband want a rubberstamp on the Trump ad- cable companies should be able to con- tisanship aside and be that impartial ministration, we will fight them every Justice. I didn’t make a decision right trol your internet experience as they step of the way. The Supreme Court is see fit. away; I went back and researched his supposed to be the impartial arbi- record. I looked at the decisions on Part of his flawed analysis rested on trator, the one that, even though we the idea that what the FCC was pur- basic rights that so many Americans have different Congresses and different are counting on, and I can tell you porting to do by protecting consumers views, interprets the law over a period was a type of rule that was so con- this: For these rights, you cannot of time, that does not make political sequential that it could only stand if count on Judge Kavanaugh. Therefore, decisions but makes impartial deci- Congress bestowed ‘‘clear and unambig- he does not get my consent to move sions. To have somebody on the Court uous authority’’ on the agency. This is forward to the Supreme Court. now when every day an administration in contradiction to the Supreme I yield the floor. is not following the law and basically Court’s own precedent, which deter- The PRESIDING OFFICER. The Sen- subverting it—it is a time where we mined that the FCC did have the au- ator from Connecticut. need a Supreme Court to stand up and thority to decide whether and how to Mr. MURPHY. Mr. President, these do their job and hold the administra- regulate broadband. are the big leagues for a Senator. De- The other part of his faulty analysis tion accountable. I am sure it is not pleasant to hold an pending on how long you serve here, rested on the view that cable and you get only a handful of opportunities broadband companies that operate the administration accountable, but this is an important time for checks and bal- to vote on the confirmation of a Su- pipes that serve as a ramp to the inter- preme Court Justice. net have First Amendment rights, and ances in the United States of America. I don’t believe that the rights of indi- We may know how this is going to go they should be able to exercise that tomorrow, but many of us who have right to deny or limit consumers’ ac- viduals will be protected from the over- reach of this administration or be de- very serious concerns about the prece- cess to content. dent that this confirmation creates for I guarantee you that saying that the fended by this nominee. I know a lot has been said today this country that we love are going to First Amendment gives cable compa- be here on the floor tonight—through nies the right to charge whatever they about what the process for this nomi- the night—trying to implore our col- want to charge you for the future is nee has been for the Court. I know leagues to think differently about this not in the mainstream view of judicial there is a lot that will continue to be or at least think about how we can do philosophy or what the American peo- discussed after this day about how this this differently the next time around ple have come to expect. institution has handled this situation So let me say again that these impor- and the accusations against Judge and how we can come to some common tant issues are not part of Judge Kavanaugh. All I can say is that we understanding as to what the rules of Kavanaugh’s willingness to protect need to do better. We need, as an insti- the game should be and what the these rights to healthcare, of the envi- tution, to have a better process for standards should be when we are inter- ronment, of privacy, of consumer evaluating these situations and how to viewing candidates for one of the most rights, and the things that we hold so make them less partisan. important jobs in the world, the U.S. dear, that we have all fought for, legis- But I will tell you this: I found the Supreme Court. lated for, and had courts uphold and testimony by Dr. Ford credible, and I have a few things to say here to- preserve. those saying ‘‘Well, it must have hap- night, as the hour gets late. I wanted I am not buying the notion that a pened; it just wasn’t him’’ is another to start by talking a little bit about strict textualist is the way to go. I be- example of denial of information in- what the standard is. What is the lieve my colleagues on the other side of stead of getting to the truth of the sit- standard that we should apply when we the aisle have every right to disagree uation. We have to do better because are considering a submission from the with that, but I would ask them, how we are an institution that is supposed executive branch to sit on the Supreme are you ever going to move America to lead on this issue. We are not sup- Court? forward in decisions like our desegre- posed to be an institution like the It seems to me as if this whole exer- gation of education or on contracep- other institutions we have seen sweep cise has been conducted in a manner to tion or on these other privacy rights if these allegations under the rug, only to suggest that, A, there is no one else eli- you don’t interpret the Constitution to come back at some point in time when gible for the Supreme Court, other today’s needs? there are 300 cases or 400 cases or X than Brett Kavanaugh, as if we live in I would say now that the biggest number of people who have been im- an Adam and Eve world in which we threat we face is the overreaching of an pacted. have few, if any, alternative choices

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.112 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6638 CONGRESSIONAL RECORD — SENATE October 5, 2018 and, B, that this body owes some sig- Sometimes the Senate gives a hint view. I think that is right. I don’t nificant and potentially binding obliga- ahead of time that a nomination isn’t think it is a perfect analogy. This is a tion to the President when he makes going to go so well, and the President pretty special and important job. There his choice. withdraws that nominee. Not in every are some procedures around this job I just want to go back over the stand- case is there actually a vote before the interview that we don’t hold ourselves ard for a moment because it is not un- Senate. Oftentimes, the signal is clear to when we are interviewing somebody common for the Senate to reject Su- enough from the Senate that consent is for a position in our office. Let’s all be preme Court nominees who have been not going to be given, and the adminis- honest with each other. If somebody sent to this body. In fact, if you walk tration withdraws that nominee. showed up in our office looking for a out the door on the other side of this Let’s be clear that there is no bind- position and their file looked like the Chamber and you hang a left, you will ing obligation on behalf of the Senate file of Brett Kavanaugh, none of us quickly come to the Senate Reception to say yes to a nominee whom we be- would hire that individual—not a sin- Room. In that room, there is a rel- lieve to be flawed or wrong for the mo- gle one of us. atively freshly painted picture of Oli- ment—no obligation on behalf of Mem- Tell me that a Senator would hire an ver Ellsworth and Roger Sherman. This bers of the President’s party and no ob- individual who came to their office, is one of the newer portraits here in ligation on behalf of Members of the who might have looked qualified, who the Capitol, and it depicts two Con- opposition party. might have a sterling resume, but necticut delegates to the Constitu- Second, I have heard my Republican whose file included several credible al- colleagues, ad nauseam, treat this se- tional Convention scheming over what legations of serious misbehavior. You lection as if we are a court of law with would become called the Connecticut probably wouldn’t even go through the a defendant sitting in front of us whose Compromise. trouble of conducting an exhaustive in- freedom is going to be taken away if he This is the breakthrough at the Con- quiry into whether those allegations doesn’t get a positive vote for con- stitutional Convention that establishes were true or not, as I think we had an firmation. Why do I say that? Because the Senate with two Members per obligation to do with respect to this over and over again, I have heard this State and the House of Representatives case. I would argue, we had an obliga- idea that Brett Kavanaugh is innocent elected by proportion of population per tion to do that investigation here be- until proven guilty, that there is a pre- State. cause this is different from a job inter- Oliver Ellsworth is a significant fig- sumption of innocence with respect to view for a legislative assistant or a per- ure in the history of my State and in the claims that surround him. Those son who answers our phones. the history of this country but not are not traditionally terms that have Let’s be honest that if those allega- only because of his contribution to the been used with respect to the choices tions were before us as employers, we adoption of the U.S. Constitution; he we make about nominees to the judi- wouldn’t hire that individual. And we also plays a significant role in the be- cial branch or to the executive branch. certainly wouldn’t hire an individual ginning of the American judicial sys- Those are terms that are used in courts who conducted themselves in the job tem. He is the father of the American of law. interview in the same way that Brett judiciary in that he authored, as a Sen- The presumption of innocence is Kavanaugh conducted himself when he ator, the first Judiciary Act, which es- given to a defendant. The high burden came before the Judiciary Committee tablished the Federal court system. of proving guilt beyond a reasonable Then he plays another important role doubt is placed on the prosecutor be- last week. It is much more like a job in the early history of the courts be- cause the stakes in a criminal trial are interview than it is a criminal trial. It cause when it was time for George fundamentally different from the doesn’t neatly fit into either category, Washington to nominate a second Su- stakes in an appointment to the Su- but we wouldn’t hire that individual in preme Court Chief Justice, the name he preme Court or to become the head of our office because we know that there sent to the Senate was rejected. He a department. are plenty of other qualified applicants sent his friend John Rutledge, but be- In a court of law, in a criminal court for the jobs we are looking for. Why cause his friend John Rutledge had of law, the bar, the standard is set high take a chance on someone who might played a fairly controversial role in the because the consequence to that de- be fundamentally wrong for the posi- adoption of the Jay Treaty, the Senate fendant is his liberty being taken away tion we are interviewing for? voted Rutledge down. from him or her. That is not the case I think it is important at the outset Washington, not wanting to be em- for Brett Kavanaugh or any other to get the standard right. The termi- barrassed again, knowing that he need- name that gets sent to this body for nology that gets thrown around here as ed the consent of the Senate to get confirmation. If Brett Kavanaugh were if this is a criminal trial just misunder- someone into that role, picked one of not to receive a confirmation vote to stands the nature of the job that we the Senate’s own. He picked Oliver the Supreme Court, he would go right have before us. Ellsworth, who was the foremost ex- back to the appellate court with a nice I want to turn to the arguments that pert on the judiciary in the Senate. job and a nice salary, as would many I would use if I thought I had the Oliver Ellsworth became the Chief Jus- other nominees who don’t get a con- chance to change the mind of some of tice of the Supreme Court. His bust sits firmation vote from this body. Their my Republican colleagues this evening. inside the Old Supreme Court Chamber liberty isn’t taken away. They go back That is probably impossible at this late here in the Senate today. to some pretty good jobs. stage, but we are here, so I might as I tell that story only because it is a That is why it is nonsensical to sug- well give it a try. reminder that at the very earliest gest that the standard we apply here to I agree with everything Senator stages of the American Republic, the a nominee is similar to that of a crimi- CANTWELL said about the jurisprudence Senate decided to exercise its inde- nal court. We don’t have to prove that of Judge Kavanaugh on the appellate pendent discretion when it came to reservations about a nominee can ulti- court. I think he is a dangerous nomi- choices for the Supreme Court by the mately be held to the same standard as nee because he does fall fairly far out President of the United States. in a criminal court. Why? Because the of the judicial mainstream. George Washington figured out very consequences are lower but also be- I heard Senator COLLINS on the floor quickly that the Senate does not owe cause there are other people who can earlier today talking about how she the executive automatic deference serve that role. You err on the side of hoped that he would be a bridge be- when it comes to the choices that are caution often when it comes to nomi- tween the two sides of the Court, how placed before the Senate. It is advice nations because the consequences for she thought that he might ultimately and consent. In fact, that practice of the country of simply moving on to the be someone who would lead to fewer 5- refusing to give complete and total def- next nominee for a Cabinet post or a to-4 decisions being rendered on the erence to the executive has continued judicial job are, frankly, fairly low. Court. up until this day. From World War II The standard is not a criminal stand- She used as evidence of that hope a until this moment, I think the number ard. statistic that is curious. She talked is seven selections by the President We have often talked about the fact about the fact that he voted with that ultimately did not get confirmed. that this is much more like a job inter- Merrick Garland 93 percent of the time

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.114 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6639 on the court. Brett Kavanaugh voted that automatic weapons that were out tility the President has expressed for with Merrick Garland 93 percent of the in the streets—the so-called Tommy the Affordable Care Act, I trust he has time on the court because the appellate guns—should come out of the commer- made good on his promise and that he court in DC—as is the case with most cial market. In the 1990s, we made the has sent someone to us who is going to appellate courts in the country—ren- decision that assault weapons—the work with him to try to unwind the Af- ders most of their decisions in unani- semiautomatic tactical weapons— fordable Care Act. mous form. All of the judges are agree- should be restricted. Kavanaugh says: I was an early opponent of Judge ing with each other on the vast major- No, once a gun is sold privately, you Kavanaugh’s. I didn’t wait very long to ity of cases. That statistic does not tell can’t ever take it back, no matter how express my opposition because I see he you whether Brett Kavanaugh is a dangerous. No matter how dangerous it is so far out of line with Connecticut bridge builder or whether he is an becomes, no matter the mistake that values that he is not going to be a outlier. Congress thinks it might have made in judge in the model of those true cen- Fortunately, there is another, more legalizing that weapon, once it is out trist judges who maybe I didn’t agree relevant statistic; that is, the percent- there, you cannot take it back—so says with on issue after issue but I thought age of times a judge dissents, who the Second Amendment. It is a radical gave each question before them a fair stands away from his colleagues, who idea, as is his theory of the case on look. has formed a consensus and rendered abortion rights. I also don’t think that is my best an opinion of his or her own. We can talk about the case that came case with my Republican friends be- No one on the DC Circuit dissented before his court in which he denied the cause you feel differently about the Af- during Judge Kavanaugh’s time on ability of a young immigrant woman to fordable Care Act and about the Second that court more often than Judge seek an abortion despite the fact that Amendment and about the issue of Kavanaugh. Some of those dissents she fit all the other legal requirements choice than I do. It is probably not the were pretty creative dissents. Some of for that procedure, or we could just best tactic at 1 o’clock in the morning the things we are most worried about look to the fact that in his testimony, to try to convince you to vote against with respect to the friendliness of he parroted the political jargon of the Brett Kavanaugh based upon his con- Judge Kavanaugh to corporate power, anti-choice movement. He used phrases servative, I would argue rightwing his distaste for regulation, comes from that courts don’t use when talking record as an appellate judge. So let me those dissents in which Democrats and about the issue of abortion or repro- try some different arguments out on Republicans—or, put better, judges ap- ductive healthcare. He used the phrase you. Some of these will have to do with pointed by Democrats and Repub- ‘‘abortion on demand,’’ which is a ri- process. Process is important. Process licans—on the DC Circuit found a way diculously politically loaded term. I is important because it is kind of all to agree, but Judge Kavanaugh stood have no idea what that means, but it is we have. When it comes down to it, de- over here with some novel theories of a term that is regularly used by the mocracy holds together because of a the case as to why regulatory bodies anti-choice political movement. You set of rules we all agree to follow. It is couldn’t get into the business of big can’t get an abortion from a vending called the rule of law, broadly. corporations. machine, but that is what the phrase In this place, it is a set of precedents The history in appellate court is not ‘‘abortion on demand’’ seems to sug- and traditions that have held up pretty of being a bridge builder; it is of stand- gest exists in the world, and Judge well over 240 years. As those precedents ing outside of that mainstream, chal- Kavanaugh used it. and traditions start to fall, so do the lenging the consensus. That is who He also called birth control an abor- edges of democracy itself. I know to Judge Kavanaugh is going to be on the tion-inducing drug, which it is not. some it feels like insider politics—belt- Supreme Court. Simple science can serve to explain way jargon—to be talking about the I will give you an example, some- that birth control certainly can pre- process we have gone through here, but thing that is close to my heart. I had a vent a pregnancy, but it does not cause there are some important precedent- lot of arguments in Connecticut about an abortion. But Judge Kavanaugh shattering decisions that have been the future of gun policy in this coun- used that term in his confirmation made by the majority with respect to try, just like we have a lot of argu- hearing because it is part of the polit- the Kavanaugh nomination. ments here. By and large, people in my ical opposition. It is part of the basket The first is the documents sur- State—even the folks who don’t agree of propaganda that gets used to try to rounding Brett Kavanaugh’s candidacy. with all the things I would do if I were pull down protection for reproductive As many of my colleagues have said, in charge of America’s gun laws—gen- choice around the country. we have seen somewhere around 6 per- erally think it should be up to us to de- I share many of the reservations that cent to 7 percent of all the documents cide. They might not think the Second my colleagues have expressed when it relative to Brett Kavanaugh’s time as Amendment allows us to pass a bill comes to Judge Kavanaugh’s record on a judge and as a staff person in the ex- banning all guns in the country, but the Second Amendment, Judge ecutive branch. We have seen a small they think the question of who can own Kavanaugh’s testimony before the Ju- slice of those documents. I think the 7- guns and what kind of guns can be sold diciary Committee in his first hearing percent number applies to the docu- is a question better left to legislature. on the issue of reproductive choice, as ments relative to his time in the White Brett Kavanaugh has a novel theory well as the reservations many of my House. about the limits of the legislature’s colleagues have about what he will do I listened to Senator LEE earlier to- ability to regulate gun ownership. It is to the Affordable Care Act. night talk about the fact that it wasn’t a theory that even for him is pretty far I will concede that his writings on his fault that we didn’t see the docu- outside of the mainstream. He actually the Affordable Care Act are limited. He ments because those are in the posses- laid it out for the Judiciary Committee has expressed some hostility to the Af- sion of the administration, and the in a series of questions and answers fordable Care Act. He said in one of his Bush administration and representa- with the ranking member. He said: Lis- decisions that if the Congress could go tives of the Bush White House are mak- ten, I think if a gun is in the commer- so far as to require people to buy ing the decisions about what docu- cial space, the Constitution grants it healthcare, there was no limit to the ments Congress can see and can’t see permanent protection. His argument is potential reach of Congress’s power. independently of Brett Kavanaugh. that once a gun is sold privately, you On this one, I take the President at That is not true. The individual who can never ever ban it. That is ridicu- his word. The President said he would is overseeing the decision about which lous. That is not how any courts have never make the mistake George Bush documents Congress can see and can’t read the law prior to this time. did in appointing someone to the Su- see is a close confidant, ally, and col- This Congress has regularly made the preme Court who would uphold the Af- league of Brett Kavanaugh’s. In fact, 2 decision that some weapons are not fordable Care Act, as John Roberts did. weeks ago when the nomination of proper for commercial sale and have He promised he wouldn’t make that Brett Kavanaugh was thrown into pulled them out of the commercial mistake again. On this one, given the doubt and the White House convened a market. In the 1930s, Congress decided over-the-top, incessant, persistent hos- war room—a war room of Judge

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.116 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6640 CONGRESSIONAL RECORD — SENATE October 5, 2018 Kavanaugh’s most loyal, trusted advis- phrases that high school kids were sequence of that first allegation. There ers—the individual who was vetting the using. The fact that they were using is zero evidence that there is some documents for the Bush White House those terms, said certain things when grand conspiracy of Democrats in was in the war room. This was not an they were kids, doesn’t bother me at league with the Clintons to try to bury independent exercise of discretion on all. What bothers me is that a nominee Brett Kavanaugh. behalf of the Bush White House; this for the Supreme Court has such a cas- Further evidence of that is that if was one of Judge Kavanaugh’s primary ual association with the truth that he that were our MO, why did we wait a backers making decisions on which couldn’t admit to us what were some year and a half to employ it on Brett documents we could see and which ones embarrassing admissions and lied in- Kavanaugh? If Democrats’ method of we couldn’t. This was a political job. stead. operation was to gin up a whole bunch We are left to wonder why we get so The precedent of letting a nominee of false allegations about individuals few. What is in those other documents get away with that—even if you don’t and make accusations about sexual as- that were so explosive that you had to believe he told a big lie, even if you sault that weren’t true just to muddy put a political ally of Brett only believe the mistruths were on the them up and smear them, why didn’t it Kavanaugh’s in charge of the disclo- smaller things—is another precedent- occur to Neil Gorsuch who, frankly, en- sure of those documents and give us so shattering decision, because all of a gendered much more hostility among few? sudden, we send the message to people many of our friends and backers, be- Here is why the process matters. who want to apply for the most impor- cause that was the seat that we believe Once you have made the decision that tant jobs in the world that telling the was stolen from Merrick Garland. Why you are going to create a structure by truth is not that important. didn’t we gin up those kinds of allega- which you withhold evidence that I get it. The cat is out of the bag. The tions about the President’s early nomi- would be relevant to the decision the horse has left the barn. I get it that the nees to the Cabinet who, frankly, spun Senate makes because—well, just be- top of the Pandora’s Box is open. We up a lot more grassroots anger than cause—it becomes the new rule. I am have a President of the United States Brett Kavanaugh did in the summer of not here to say what goes around who doesn’t tell the truth every single 2018? comes around; I am telling you that day. We have a President of the United The answer is because this wasn’t a once you make the decision that ‘‘You States who goes on Twitter and makes conspiracy. This wasn’t a whole bunch don’t need to see evidence on a par- up stuff about U.S. Senators. Our big- of Democratic Senators sitting around. ticular nominee because we are not ger problem is not the small These allegations came out organi- going to give it to you because we mistruths—the potentially small cally, and whether or not you believe think it might be damaging,’’ that be- mistruths of Brett Kavanaugh’s; our they are true, to go before the Judici- comes the new rule. Then, all of a sud- bigger problem is that we have a Presi- ary Committee as a judge and make den, there will become a day when my dent who literally can’t get through a the allegation that there is a con- friends on the other side of the aisle day without making up something. spiracy including Democratic Senators want evidence they are not getting ei- That sends a worse message to our against you, when you have no evi- ther. The withholding of documents kids than the mistruths of Brett dence for it, tells us all we need to really matters. If we can’t make sound Kavanaugh, but, nonetheless, the Su- know about your fitness to serve on the decisions, then this whole institution preme Court is the Supreme Court. It Bench. If you are making things up in order becomes weaker. is a lifetime appointment. At least if Second, I want to move to last to fit the narrative that you think will an Executive gets into office and starts Thursday’s hearing. I think there is be most helpful to make your case be- making stuff up, we can get rid of him also some precedent-shattering deci- fore the Senate, why would we think or her after 4 years—not the Supreme sions we are making in the wake of that you wouldn’t do the same thing on Court. You send somebody up to the what was a stunning performance by a the Court, which leads me to the most Supreme Court who fibs, and that indi- nominee before the Judiciary Com- troubling passage of his testimony, and vidual is there forever. Thus, maybe mittee. I heard Senator LEE launch a defense of our standards should be a little bit Let me talk about the lies. it. I have heard others launch a defense I believe Dr. Ford. I think she was higher. of it, but I watched it again before I Third, I want to talk about Judge credible, thoughtful. Everything she came down to the Senate floor just to Kavanaugh’s disposition in that hear- said in that hearing seemed to be an ef- make sure that I had it right. fort to try to get to the truth. I, frank- ing and some of the things he said At the end of his diatribe against ly, don’t know whether Judge about how the allegations came for- Democrats, at the end of this descrip- Kavanaugh wasn’t telling the truth or ward. I talked about this on the Senate tion of a Clinton-connected conspiracy legitimately doesn’t remember what floor, I think, now 2 days ago. So I will that he believes is launched against happened because he was so intoxi- not repeat it all. But his belief that Dr. him, he uses this phrase—and I am cated. Ford’s allegations or Ms. Ramirez’s al- paraphrasing the beginning of this. He I can set aside the question of wheth- legations came forward as part of some says: As we all know in the political er Judge Kavanaugh was telling the vast conspiracy led by progressive world of the early 2000s, ‘‘what comes truth about that particular assault and groups and Democratic Senators on be- around, goes around.’’ still have serious concerns about all of half of Hillary and Bill Clinton is delu- Now, I listened to it again today just the other smaller lies he told during sional. to make sure that that wasn’t a lead-in the testimony. I understand that politics in this to some other thought, and it wasn’t. I understand some of the stuff that town are rough. We have all been sub- He starts a new thought after that. He came up was embarrassing to him, ject to character attacks we think are starts talking about how he is a gen- some of these terms and phrases. Yet unfair, but that doesn’t mean there are erally optimistic guy. he was asked the questions, and no these vast cabals of people on the left The passage about the conspiracy matter how embarrassing it was to and the right wing who are out there theory and about how badly he has talk about what boofing is or what a spinning tales on a daily basis about been treated by the Democrats ends devil’s triangle is, he was obligated to each other. with a punctuation point right before tell the truth, and he didn’t. We have What we know is that Dr. Ford which is the admonition ‘‘what comes plenty of corroborating evidence to brought this forward to her Member of around, goes around.’’ suggest that he and his friends knew Congress before Brett Kavanaugh was There is little way to read that other exactly what those terms mean, knew even the nominee. What we know is than as a threat to those who are going exactly what they were referring to that it got leaked to the press, likely to oppose him in the Senate and to with respect to the young women with by somebody who didn’t have an inter- those political interest groups outside whom they were part of an alumni est in Brett Kavanaugh as a nominee, the Senate who are working to oppose club. but not by a Democratic Senator. him. I know it sounds trivial to be talking What we know is that the allegations I don’t think I am making too much on the Senate floor about words and that followed came out as a con- of this, and I know that last night in

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.117 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6641 the Wall Street Journal Brett Senator LEE spent some time earlier to try to figure out whether those who Kavanaugh wrote a somewhat apolo- this evening talking about Federalist were making these allegations were getic op-ed in which he said that he No. 78. Senator LEE is not the only one telling the truth, beyond a hastily might have gotten a little bit too heat- who has read Federalist Papers. scheduled hearing in which only two ed at times in the hearing. He didn’t Federalist No. 78 is an important one. witnesses were called, as compared to specifically refer to which statements It is where Hamilton lays out the im- the Anita Hill hearings, where there he would take back, but that line— portance of seeing the judiciary dif- were over 20 witnesses called. It was a ‘‘what comes around, goes around’’— ferent than the legislative body, and sham of a process. That is not too and those allegations about this dan- Senator LEE got it right. He talks strong a word. There was not an at- gerous Democratic-led conspiracy the- about the judiciary exercising judg- tempt to get to the truth. There was an ory weren’t statements that he just ments, whereas the legislature exer- attempt to provide cover, to make it came up with in the heat of the mo- cises will. That is a good way to think look as if the Senate was having a fair ment. Those were statements in his about the difference between the two. hearing. prepared text. Those were statements Yet inside Federalist No. 78 is an- There was also no intention to do that he wrote down on paper, thought other idea that is really, really impor- what had been done back during the about overnight, thought about again tant. What he says inside that docu- Clarence Thomas nomination—to have as he listened to Dr. Ford’s testimony, ment is this. Hamilton says: the FBI go out and gather some facts and then read before the Judiciary I agree, that ‘‘there is no liberty, if the for themselves. Committee: ‘‘What comes around, goes power of judging be not separated from the It was only because of a last-minute around.’’ legislative and executive powers.’’ And it demand by a handful of Republican How does any petitioner who is proves, in the last place, that as liberty can Senators that the FBI went out and aligned with any of the groups that have nothing to fear from the judiciary conducted an investigation but was Judge Kavanaugh might think was in- alone, but would have everything to fear given only 1 week to do that investiga- volved in the political opposition to his from its union with either of the other de- tion. partments. . . . candidacy have faith that they will get There is reporting in the New York a fair audience before the Supreme Hamilton is saying in that edition of Times today that suggests that the Court when Judge Kavanaugh is on it? the Federalist Papers that the judici- White House intentionally limited the Do you really think, given how angry ary is the weakest of the three scope of that investigation, but, frank- he was, given what he believes was or- branches because it doesn’t have the ly, I didn’t need the New York Times ganized against him, that he is going power of the sword as the executive to tell me that that is how this went to fairly give causes aligned with does, nor the power of the purse as the down. I read the report, and it was very Democrats a fair shot before the Court? legislative branch does. Though he ad- clear in that report that the FBI could Do you really think he now can say mits that the judiciary can overrule an do some things and couldn’t do other that he will be a neutral-colored um- act of Congress and that gives it power, things. pire as a Supreme Court Justice? he suggests that so long as the execu- This is not me telling you this. I am Here is why this is a precedent- tive is independent and is not a tool or referring to independent reporting that breaking decision that we are making. a part of the legislative branch or the only eight people were actually inter- In the past, we have actually put polit- executive branch, we have nothing to viewed, and there were clearly some ical people on the Supreme Court. We fear. subjects that were off limits in those have. Centuries ago we selected people Now, he doesn’t lay it out in as ex- interviews and some things that would for the Supreme Court who had actu- plicit terms as I might today, but what have been very important for Congress ally served in political positions. That he is essentially saying is that the ju- to know that we cannot know because was at a time when our politics was, diciary has to be apolitical. As long as those interviews only went so far. maybe, a little bit less heated, where it is apolitical, you have nothing to Now the Times is reporting that that there was more opportunity for com- worry about because it doesn’t have was intentional. In fact, the Times re- mon ground. But in recent times, that some of the inherent powers of the ports that the President’s Chief Coun- has not been the way in which we have branches in article I and article II. sel told the President that if there was selected people for the Supreme Court. We have broken through that wall in a full investigation of all of the claims We traditionally select jurists. the nomination of Brett Kavanaugh. and all potential claims around Judge There has been in the American pub- By making these blatantly partisan al- Kavanaugh, it would be very bad for lic this belief that even in a super po- legations, by associating himself in his his nomination. litically charged time, there are at confirmation hearing so clearly with So I think the FBI do good work, but least nine people who are above all of one side of the partisan fight inside the not when they are given unfair param- that, who are above the regular par- U.S. Congress, he has now brought at eters around their investigation. That, tisan barbs and allegations that we least his seat on the Supreme Court in and of itself, is another precedent- tend too often to throw at each other. that much closer to one of the two de- shattering decision, constraining the Those nine people are on the Supreme partments that Hamilton feared would FBI when they are trying to go out and Court, and that is really important, be- ultimately become joined. gather facts for us. cause once the American public starts Alexander Hamilton spent a lot of Yet another precedent-shattering de- to think that the Supreme Court is time thinking about the importance cision was the way in which we were just another political arm, that is the and writing about the importance of an allowed to see the report. It was one of day when the rule of law really starts independent judiciary. Brett the most humiliating things I have to fall apart. Kavanaugh, by jumping into the polit- ever gone through as a U.S. Senator— That is why nominees to the Court ical fray, by translating his biases, has to sit in a secure room with 10 of my are so careful not to unveil any polit- started to break down that wall. other colleagues, with 60 minutes to re- ical bias, even if they may have one, Now, I don’t want to be apocalyptic view a document, look at it, digest it, because they don’t want to shatter about this. Maybe what I am sug- and ask questions about it. The scene that image that the American public gesting is that it just is going to make was chaotic. still has, by and large, that at least it a lot easier to put more people on We are sitting there with a bunch of those nine people are immune from the the Supreme Court who are more and our colleagues, trying to share dif- political biases that we hold here in more political, ultimately continuing ferent pieces of the report: I will read the Senate. to tear down that wall. that page. You read that page. Wait. Well, that belief has been forever Lastly, I want to talk for a moment Did I read page 6? Wait. Do you have compromised because Judge about the investigation that took place page 7? Oh, boy, we have to get out of Kavanaugh has told you his political regarding some of these allegations. here because we only have 60 minutes. bias. He has told you what he thinks of One of the precedent-shattering deci- It was not becoming of the U.S. Sen- Democrats, and now he is headed for sions that was made was the decision ate, and it didn’t have to go down like the Supreme Court. on behalf of the majority to do no work that. It would have been easy for the

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.118 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6642 CONGRESSIONAL RECORD — SENATE October 5, 2018 Senate majority leader to work out an Here are some of the things the FBI would and have played sports together for years. I arrangement with the White House to have learned by interviewing me: have spent a lot of time with Christine and have more than one copy of the FBI re- I have a copy of the email thread between her husband traveling to and attending our port. And, of course, the Senate leader- Christine and me in which she made it clear kids’ games. Our families have also gone on that Brett Kavanaugh was the judge who had vacation together. ship could have given us more than a assaulted her as a teenager. We exchanged 4. The first time I learned that Christine half day to review that report. those emails on June 29, 2018, two days after had experienced sexual assault was in early Neither of those things happened, Justice Kennedy’s retirement announce- summer of 2016. We were standing together and they have consequences because ment, before there was a shortlist for his re- in a public place watching our children play the next time there is a complication, placement. It wasn’t until July 9, 2018 that together. there is incentive to do the same thing the President nominated Judge Kavanaugh. 5. I remember the timing of the conversa- again—to rush a nominee through the Christine has accurately described the se- tion because it was shortly after Stanford University student Brock Turner was sen- process. quence of events that occurred in the months that followed, including her interactions tenced for felony sexual assault after raping I have with me a statement from a with the Washington Post, Representative an unconscious woman on Stanford’s cam- gentleman by the name of Keith Anna Eshoo’s office and Senator Diane Fein- pus. There was a common public perception Koegler. This is a statement that stein’s office. I know because I had regular that the judge gave Mr. Turner too light of comes to the Senate from Christine contact with her during that time. a sentence. Blasey Ford’s lawyers. It is a state- There was no ‘‘grand-conspiracy’’ to con- 6. Christine expressed anger at Mr. Turn- ment of an individual whom the FBI duct a ‘‘political hit job’’ on Judge er’s lenient sentence, stating that she was did not interview. This is a friend of Kavanaugh—this was always about one particularly bothered he it because she was assaulted in high school by a man who was Dr. Ford’s who had conversations with woman struggling with a perverse choice: Suffer a brutal toll on herself and her family now a federal judge in Washington, D.C. Dr. Ford prior to Judge Kavanaugh’s to fulfill a sense of civic duty and (possibly, 7. Christine did not mention the assault to nomination regarding the allegations though not likely) avoid spending the rest of me again until June 29, 2018, two days after of assault that Dr. Ford told the her life looking at the face of the man who Justice Anthony Kennedy announced his res- committee. One of the things he says assaulted her as a teenager on the United ignation from the Supreme Court of the here is that he has a copy of an email States Supreme Court or, alternatively, live United States. 8. On June 29, 2018, she wrote me an email thread ‘‘between Christine and me’’ in in silence with the knowledge that she might have been able to make a difference. in which she stated that the person who as- which he made it clear that Brett saulted her in high school was the Presi- Kavanaugh was the judge who as- Christine has been afraid of flying her en- tire adult life. Prosecutor Rachel Mitchell dent’s ‘‘favorite for SCOTUS.’’ 9 On June 29, 2018, I responded with an saulted her as a teenager. repeatedly challenged Christine about her He says: ‘‘We exchanged those emails email in which I stated: fear of flying, in an effort to impugn ‘‘I remember you telling me about him. but . . . two days after Justice Kennedy’s Christine’s general credibility. I could have retirement announcement, before there I don’t remember his name. Do you mind provided the FBI with the names of at least telling me so I can read about him?’’ was a shortlist for his replacement.’’ half a dozen people who have flown with 10. Christine responded by email and stat- He is submitting this to us so that we Christine and can attest to the fact that she ed: can put it in the RECORD, given the fact has panic attacks before she flies. She con- ‘‘Brett Kavanaugh’’ that it was not included in the FBI’s trols those attacks with medicine prescribed 11. In all of my dealings with Christine I investigation, because they never came by a doctor. have known her to be a serious and honor- As Senator Flake anticipated in a speech and interviewed Mr. Koegler. able person. before the hearing last week, coming forward I solemnly swear or affirm under the pen- Mr. President, I ask unanimous con- has forced Christine, her husband and their alties of perjury that the matters set forth sent that this document be printed in two sons to endure treatment that no human in this Declaration are true and correct to the RECORD. being should have to suffer. Within hours the best of my personal knowledge, informa- There being no objection, the mate- after the first news story, throngs of report- tion, and belief, Executed on this 24th day of rial was ordered to be printed in the ers descended on their home, driving the September, 2018. RECORD, as follows: family (perhaps permanently) out of the KEITH KOEGLER. neighborhood. The family has been subjected KEITH KOEGLER, Mr. MURPHY. Mr. President, this is to a near constant barrage of harassing Palo Alto, CA, October 5, 2018. just one piece of evidence that none of emails, phone calls and social media attacks MEMBERS OF THE U.S. SENATE: My name is (‘‘die, you fucking cunt’’), many of them ob- us saw prior to this moment that would Keith Koegler. I am one of Christine Blasey viously coordinated and many threatening have provided important back up to Dr. Ford’s corroborating witnesses. For those of death or bodily harm. Because of the at- Ford’s testimony. I don’t know why you who aren’t lawyers, the term ‘‘corrobo- tacks, Christine hasn’t spent more than 3 rating witness’’ is not synonymous with ‘‘eye this person wasn’t interviewed who can consecutive nights in the same place. They witness’’—someone can be a corroborating testify that Dr. Ford told him of this have had to hire a security firm 24/7, and witness without having physically been abuse before Judge Kavanaugh was they have to be transported from place to present at the scene of a crime. Indeed, in placed on any shortlist. place in secret. Christine hasn’t slept more matters involving sexual assault, there are I don’t know if the FBI made their than 3 hours at a time since September 16th. often no eyewitnesses. own decision not to talk to this indi- Since attending the hearing 8 days ago, I She has trouble eating. She has had to relin- quish her teaching responsibilities for the se- vidual, whether they were time-limited have grown increasingly concerned that Sen- so that they were unable to get to him ators would ignore the import of Christine’s mester. And the list goes on. Perhaps For- testimony in their rush to confirm Judge ever. or whether the White House told them Brett Kavanaugh to the Supreme Court. For I have no power. I can only ask you to do whom they could interview and whom the record: what is right. Please ask yourselves if you they couldn’t, but this would have been I believe, with every fiber of my being, want to spend the rest of your lives looking really important information for us to that Christine Blasey Ford has testified at the face of Brett Kavanaugh, the man who have beforehand. truthfully about her assault by Brett lied about assaulting Christine Blasey Ford I will end where I ended the other Kavanaugh. I have the benefit of knowing as a teenager, on the United States Supreme Court. day. All of these decisions that have Christine, but if you saw her testimony and been made, I think, have long-term you didn’t find her credible, you know noth- consequences for this body. I am not ing about sexual assault. DECLARATION OF KEITH KOEGLE The process by which the Senate Judiciary I, Keith Koegler, hereby state that I am saying that we can’t recover from this. Committee has ‘‘investigated’’ the facts re- over eighteen (18) years of age, am com- We are all adults. I do believe that ev- lating to the assault has been a shameless ef- petent to testify, and have personal knowl- erybody here in the Senate believes in fort to protect Judge Kavanaugh. The fact edge of the following facts: this place and wants it to be better. I that the FBI did not interview either Chris- 1. I graduated from Amherst College in 1992 don’t run into many people on either tine or Judge Kavanaugh, by itself, renders with a Bachelor’s Degree in History. I earned side of the aisle who are having a lot of absurd any assertion that the investigation my Juris Doctor decree from Vanderbilt Law fun these days, given the fact that we was ‘‘thorough.’’ There are a minimum of 7 School in 1997. additional people, known to the White 2. I have known Christine Blasey Ford and can’t get along on almost anything ex- House, the Senate Judiciary Committee and her husband. Russell Ford, for more than cept for the budget, which is not insig- the FBI who knew about the assault prior to five years, and consider them close friends. nificant. the nomination who were not interviewed. I 3. We met when I was coaching their son’s So I have to trust, as a relatively am one of them. baseball team. Our children are close friends new entrant to this place, that we can

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.119 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6643 do better, that we can try to learn Kavanaugh even with all of these prob- ess was flawed to fast track a nominee from what has happened here. The lems and questions that surround him without a full vetting for political damage has been done at this point to because the worry is that to give up on gain. survivors of sexual assault who are him and move on to somebody else Brett Kavanaugh was handpicked by going to be thinking twice about com- would be a show of weakness and would the Federalist Society, a rightwing lob- ing forward because they are not going be interpreted as a victory for Demo- bying organization dedicated to over- to be believed. The damage has been crats. The one thing that binds to- turning Roe v. Wade. Why? Because, as done to the precedent surrounding gether congressional Republicans and he has made clear on several occasions, nominations to the judiciary. The dam- this President is an unwillingness to President Trump wants to stack the age has been done to the idea of objec- give Democrats any perception of vic- Court with Justices who will overturn tive truth and the belief that folks who tory. Roe v. Wade. are applying for important jobs should Now, it wouldn’t really be a victory Now, I am new to the Senate, and as tell the truth. But I have faith that we for Democrats because we know there long as I have been here, I have been can learn from what happened here and would be another conservative Jus- told that this is not regular order. As try to be better the next time. tice—maybe, one even more conserv- we went through this confirmation Ultimately, what I think about a lot ative than Brett Kavanaugh—who hearing, unfortunately, I found it, and what I have thought about a lot would be coming down the pike. But along with my colleagues, to be fast these last few weeks is this: Why Brett maybe in the short term, it would be tracked. Kavanaugh? scored that way, and thus, it becomes I take very seriously my role of ad- I come back to where I began. At the unacceptable. vice and consent when it comes to a outset, I said that our standard should It is sort of the definition of power nominee, and I think we all as Sen- be educated by the fact that there is politics—dominance no matter the ators have an equal vote. We should all not one person in the world, in the cost, no matter the policy implica- have access to all of the information United States, who is qualified for this tions, no matter the precedent. I might and a full vetting of any nominee who job. There are lots of them. So if you be wrong about this. It may be that my wants to sit on the highest Court for a have serious doubts or reservations colleagues just feel like Brett lifetime appointment. about an individual, you can move on Kavanaugh is telling the truth on ev- Think about it—a lifetime appoint- to the next person. That is what erything, down to the definition of ment. There are only nine members. George Washington did when John Rut- some of those terms, or maybe they see This is something that we should all ledge was rejected by the Senate. He a talent in him that is unique that the look for—the right person—and every- had somebody else who was great in re- rest of us don’t see. one should have a full vetting, but this serve—a great early American, Oliver But I worry that what matters in hearing was fast-tracked. Not only was Ellsworth. this place these days is just winning, it fast-tracked, but we did not have ac- There are, no doubt, other conserv- and I worry about that for Democrats cess to all of the documents necessary ative jurists who would probably fulfill too. I worry that ultimately what to determine whether Brett Kavanaugh most of the jurisprudential aims of the drives us when we get up in the morn- had the correct judicial philosophy and Republican majority just as well as ing in Washington, DC, these days is the judicial temperament and impar- Brett Kavanaugh. It can’t be because tiality that is necessary for somebody Brett Kavanaugh is the essential man. just beating the other side—that it is to sit on the highest Court of the land. So given all of these doubts, given all just a game, that it is just an athletic Not only were we limited in the num- of these allegations, given his prece- contest, and that we have become what ber of documents, but what little docu- dent-breaking performance before the the news media and the cable shows ments we did get, unfortunately, on Judiciary Committee, why stick with want us to be, a sporting event. some of them were marked ‘‘committee Brett Kavanaugh? This is what I come I think that of late my Republican confidential’’ in an effort to prevent back to when I try to answer that ques- colleagues have been more guilty of tion for myself. this than Democratic colleagues. I Members from using documents to I know that it is hard being a Repub- have that bias, I admit it. I am allowed question the witness. By unilaterally lican today. Your party doesn’t look to have it as a partisan, but I believe it declaring them committee confiden- like it did 10 years ago because you exists on both sides of this body. This, tial, many of my colleagues in the Sen- have a President who really doesn’t I would argue, is just the worst episode ate Judiciary Committee hearing were have an ideological core. He doesn’t of that desire for political dominance unable to adequately question Judge have a set of beliefs. He is a cult of per- and something that we should all, in Kavanaugh. I am told that this process sonality. He makes it up as he goes the wake of this nomination, step back of marking ‘‘committee confidential’’ along. So it is difficult being a Repub- from and think long and hard about. is without precedent. lican in Congress today because the I yield the floor. Republicans claim that Chairman party is just fundamentally different I suggest the absence of a quorum. LEAHY also accepted documents on a than it was 5 years ago, and there is The PRESIDING OFFICER (Mr. ‘‘committee confidential’’ basis during very little that binds together a Presi- GARDNER). The clerk will call the roll. the Kagan nomination. Those docu- dent without an ideological core and The assistant bill clerk proceeded to ments were processed by the National Republicans in the Senate who do have call the roll. Archives, not private, partisan law- a set of beliefs that they are fairly reg- Ms. CORTEZ MASTO. Mr. President, yers, and Republicans did not object. ularly consistent about. I know that is I ask unanimous consent that the order By the time of her hearing, 99 per- uncomfortable. So I fear that the rea- for the quorum call be rescinded. cent of Elena Kagan’s White House son the Senate Republican majority is The PRESIDING OFFICER. Without records were publicly available and sticking with Brett Kavanaugh is be- objection, it is so ordered. could be used freely by any Member. In cause the one thing on which can agree Ms. CORTEZ MASTO. Mr. President, contrast, the committee has only seen with this President is your antipathy I rise today as the Senate has been 7 percent of Brett Kavanaugh’s White for the Democratic minority. called upon to fulfill our constitutional House records and only 4 percent were There is this theme—this phrase on duty to give advice and consent on made available to the public. No Sen- social media—that gets used by the President Trump’s nominee to the Su- ate or committee rule grants the chair- right, called ‘‘owning the libs.’’ It is preme Court, Brett Kavanaugh. man unilateral authority to designate the idea that you win if you dominate In the past, Presidents worked with a documents ‘‘committee confidential’’ your opponents. Winning isn’t about bipartisan Senate to appoint someone and prohibit their public release. Nei- passing a bill. Winning isn’t about who understood the importance of ther the rules of the Senate nor the doing something good for the country. precedence and transparency, who re- rules of the committee authorize the Winning is about owning your political spected the independent integrity of unilateral designation. opposition. the highest Court in the land. Unfortu- There was no committee action and I worry that is what this is about— nately, that did not happen during the Ranking Member FEINSTEIN sent a let- that we are sticking with Brett nomination process. Instead, the proc- ter stating she did not agree with a

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.002 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6644 CONGRESSIONAL RECORD — SENATE October 5, 2018 blanket designation, and she asked the ing is outrageous. If the chairman, Bill and aggressive toward anyone who chairman to work with her to identify Burck, and the Trump White House pressed him to get to the truth. the subset of documents that should re- were truly interested in a transparent His demonstrated lack of tempera- main confidential, and he refused. process, Mr. Burck and the White ment and impartiality is another rea- But the chairman released thousands House could make the White House son I cannot support him. It is also of documents himself. Specifically, he Counsel records public now, as Presi- why over 2,400 law professors, from re- released thousands of documents that dent Obama and former President Clin- spected law schools across this coun- had previously been marked ‘‘com- ton did for the Kagan nomination, but try, penned a letter to the Senators to mittee confidential,’’ after consulting we still don’t have access to all of the state that the Senate should not con- with Mr. Burck. If these were com- documents. firm Judge Kavanaugh—some of these mittee confidential documents, then, We still have a process that is bro- very law professors who also appeared the chairman’s actions would be a vio- ken. We still have a process that, un- before the U.S. Supreme Court; some of lation of Senate rules. The Senate fortunately, did not provide all of the these very law professors who also rules provide a penalty for disclosing Senators the opportunity to have a full practiced and teach at Yale and Har- ‘‘the secret or confidential business or vetting of Brett Kavanaugh. I took my vard. They wrote: proceedings of the Senate’’ but it re- time. I reviewed Judge Kavanaugh’s Judicial temperament is one of the most quires a vote or a committee action to record. I looked at his cases, his writ- important qualities of a judge. A judge re- conduct confidential business or pro- ten statements; I listened to his com- quires a personality that is even-handed, un- biased, impartial, courteous, yet firm, and ceedings. ments in the hearing; I went and dedicated to a process, not a result. Democrats cannot be held to a dif- viewed the committee-confidential doc- They further stated: ferent standard. Chairman GRASSLEY uments. I wanted an opportunity to has asserted that Mr. Burck has sole meet with him. Unfortunately, that At the Senate hearings on September 27, Judge Brett Kavanaugh displayed a lack of authority to decide what documents never happened, so I couldn’t question judicial temperament that would be disquali- may be used to question Judge him myself. fying for any court, and certainly for ele- Kavanaugh and sole authority to de- Based on all of the information and vation to the highest Court of this land. cide which documents may be released based on taking my time—like I did Former Supreme Court Justice John to the public. However, he has failed to with our previous nominee because it is Paul Stevens, a Republican appointed cite any rule or statute that gives Mr. that important that we get the right by President Ford, stated similar con- Burck any authority. person on the bench—in his statements cerns: We should not move forward with and in his writings and opinions, it was When I watched Judge Kavanaugh’s testi- hearings when we only had a fraction clear to me that Brett Kavanaugh has mony, I didn’t see a fair and impartial Jus- of the nominee’s record, and the most shown he does not respect precedent. tice. I saw a man who is blinded by rage and significant document we had remains He does not respect a woman’s right to ideology. As a sitting judge, Brett hidden from public view. choose. He does not respect workers’ Kavanaugh knows better. The chairman claimed that he pro- rights. His accuser, Dr. Christine Blasey vided ample opportunity for Democrats If confirmed, I believe Judge Ford, testified before the Senate Judi- to clear committee-confidential docu- Kavanaugh’s extreme activist judicial ciary Committee for 4 hours. She was ments for use at the hearing, but he re- philosophy will pose a threat to poised, serious, and credible recounting fused the request of several Members to women, our environment, our constitu- what was clearly one of the most scar- make documents on a number of topics tional separation of powers, and our ring, traumatic experiences of her life, public. fundamental civil rights, but it is not and she did it on live television for all I also want to make it clear that as just Brett Kavanaugh’s judicial philos- the world to hear. She did it in the face I watched that hearing, there were al- ophy that troubles me. of death threats. She did it at the risk legations that Members of the Senate Last week, Judge Kavanaugh testi- of damaging her credibility and career. didn’t even show up to take a look at fied before the Senate Judiciary Com- She had nothing to gain. She has done these confidential documents, so why mittee to defend himself against sexual a profound service to everyone whose were we complaining. I will tell you assault allegations. He was asking for life has been touched by sexual assault what, I showed up. I was there for 3 our vote for a lifetime appointment to or abuse. days looking at all of these documents the Supreme Court—one of the deepest Dr. Ford, I believe you, and I thank because I thought it was necessary, and most profound honors this Nation you for your courage in coming for- even if we were going to be limited in can bestow upon a citizen. This nomi- ward. I believe in a fair and inde- what we could see and what we could nee was interviewing for a job in front pendent process for people who have talk about. I have a voice equal like of the American people, and he was bel- been accused of serious crimes like sex- everyone else, and I should have access ligerent, evasive, and aggressive. This ual assault, and the process should in- to those documents and figure out if I nominee, who currently sits as an ap- clude a neutral investigation that is had the opportunity to talk to Judge pellate court judge on the DC Circuit thorough and nonpartisan because it Kavanaugh or talk with my colleagues Court, disregarded all demeanor and re- will hold a perpetrator accountable or about it, then I should have access to spect for impartiality and independ- exonerate the falsely accused. But that those documents, but even when we ence by accusing the Democrats of en- fair and independent process did not had access, the chairman demanded gaging in ‘‘a calculated and orches- occur this time. I am glad some of my that Democrats send him their docu- trated political hit fueled with appar- colleagues stood up to make sure the ments for preclearance by his staff, ent pent-up anger about President FBI had a chance to reopen its back- President Bush’s lawyers, and the Trump and the 2016 election, fear that ground investigation. I will tell you White House. has been unfairly stoked about my ju- what, after reading the recent FBI re- My understanding is, never before dicial record, revenge on behalf of the port, it is clear Republican leadership have minority members of the com- Clintons, and millions of dollars in limited its scope, and I say that as mittee been required to identify and money from outside left-wing opposi- somebody who not only has been a preclear the topics and documents they tion groups.’’ prosecutor for 10 years, 8 years the at- want to discuss with a Supreme Court He then took it even further by stat- torney general of the State of Nevada, nominee with the chairman or outside ing: ‘‘And as we all know in the United who has conducted criminal investiga- private lawyers in the White House; States political system of the early tions and oversaw peace officers who never has a majority asserted unilat- 2000s, what goes around, comes did the same thing. eral authority to preclear what issues around.’’ What they did not do, they did not the minority party can even ask a ‘‘What goes around comes around,’’ interview Dr. Ford, nor obtain from her nominee. are those the words of an impartial the important medical records that The idea that Democrats have to ask judge? Of course not. During the ques- would corroborate her testimony. In Republicans to preclear their questions tion-and-answer period with the Sen- fact, her attorneys wrote to the FBI of- in a Senate Judiciary Committee hear- ators, he was belligerent, impatient, fering up not only additional witnesses

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.003 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6645 but making the statement that if they Likewise, Chad Luddington, a college The PRESIDING OFFICER. Without were to interview Dr. Ford, she would classmate came forward: ‘‘I can un- objection, it is so ordered. have also provided corroborating evi- equivocally say that in denying the Mr. SCHATZ. Mr. President, the Sen- dence, including her medical records possibility that he ever blacked out ate should demand a better nominee and access to the phone from which she from drinking and in downplaying the for the Supreme Court. These last 2 messaged the Washington Post about degree and frequency of his drinking, weeks have torn our country apart, but Judge Kavanaugh’s assault prior to his Brett has not told the truth.’’ even before these allegations against nomination to the Supreme Court. I They were not interviewed by the Judge Kavanaugh became public, there am here to tell you, corroborating evi- FBI. So now, because we have only lim- was enough in Judge Kavanaugh’s dence isn’t just in the form of witness ited information, all Senators are left record to cause me to vote no. statements; it is in the form of docu- with a lack of a full understanding of His record is clear. As a Justice, he mentation that is key, and that was the facts surrounding the allegations will damage women’s rights, civil never recovered by the FBI. against Brett Kavanaugh. rights, the environment, voting rights, I will tell you, the potential wit- The questions swirling around Brett and economic fairness. He will also nesses that potentially the FBI could Kavanaugh get at the very heart of our damage Native Hawaiian self-deter- have talked to, we know—we know be- responsibility as Members of the U.S. mination. cause they came forward out of a civic Senate. We are not here to be a Let’s start with Native Hawaiian. In duty and they went public, and the FBI rubberstamp on the President’s nomi- a Wall Street Journal op-ed, he wrote still did not talk to them. We know Dr. nees. We are a check and balance on his that Native Hawaiians didn’t deserve Blasey Ford’s husband, Russell Ford, power. We are here to work with him protections as indigenous people. He said Christine shared the details of the to make decisions that are right for wrote an amicus brief in the case Rice sexual assault during a couple’s ther- the American people. That means we v. Cayetano, arguing that Hawaii vio- apy session in 2012. She said that in listen to our constituents. That in- lated the Constitution by permitting high school, she had been trapped in a cludes women and men who have bur- only Native Hawaiians to vote in their room and physically restrained by one ied their experiences of trauma for far elections for the Office of Hawaiian Af- boy who was molesting her while an- too long. fairs—the agency charged with work- other boy watched, and Dr. Ford’s hus- I have received letters from my con- ing to advocate for the Native Hawai- band said: ‘‘I remember her saying that stituents from all over Nevada sharing ian community. the attacker’s name was Brett their stories of survival. I heard from These views come from a lack of Kavanaugh’’ in 2012—2012. men and women in our military who knowledge of the history of Native Ha- Along with her husband, Adela Gildo- were struggling not just with the ef- waiians, as well as Federal law and Mazzo, a friend of Dr. Blasey Ford, fects of PTSD but with the experience policies related to U.S. indigenous peo- came forward and said: of being sexually abused. ple. In June of 2013, Christine said that she had I recently met with women who led Based on nothing at all, he thinks in- been almost raped by someone who was now the campaign to codify a woman’s digenous people are just another race. a Federal judge. She told me she had been In his words, ‘‘Hawaii’s naked racial trapped in a room with two drunken guys, right to choose in the Nevada State and that she then escaped, ran away, and Constitution, and they all asked me to spoils system . . . makes remedial set- hid. oppose Brett Kavanaugh’s nomination, asides and hiring and admissions pref- A third witness, somebody who could and I stand with them. I stand with erences look almost trivial by compari- have corroborated Dr. Ford’s state- survivors. I stand for the right of every son.’’ ment, Lynne Brookes, Brett American woman to make her own He also said: ‘‘[I]f Hawaii is per- Kavanaugh’s college friend, who said: healthcare decisions. I believe Dr. mitted to offer extraordinary privi- ‘‘There is no doubt in my mind that Christine Blasey Ford. I believe in the leges to residents on the basis of race while at Yale, he was a big partier, integrity and independence of our judi- or ethnic heritage, so will every other often drank to excess, and there had to cial system. state.’’ be a number of nights where he does I condemn Brett Kavanaugh’s This is wrong on policy. This is not remember.’’ confrontational and partisan behavior, wrong on the law. This is wrong his- So I know—and unfortunately too and I condemn the handling of this torically, but it is also important to often we have seen in this particular nomination by Senate Republican lead- recognize the tone here. ‘‘Remedial set- case an FBI supplemental report that ers. asides,’’ ‘‘racial spoils’’—this is not was not thorough. In addition, after I We must work together, in a bipar- someone who understands the plight of reviewed the summary of the report tisan way, and restore our constitu- indigenous people and the history of and realized we were missing informa- tional role of advice and consent. This our country as it relates to indigenous tion, the additional corroborations is about something bigger than any one people. These views have serious con- would have also gone to Debbie Rami- nominee. It is about the integrity of sequences for Alaska Natives and also rez’s allegations, but the FBI did not our Nation’s institutions. It is about for American Indians. interview important witnesses to cor- the core functions of our democracy. The Federal Government’s protec- roborate Debbie Ramirez’s allegations. We can’t allow partisan politics to eat tions for indigenous people are built on We now know—because they have away at the checks and balances en- tenets of the Constitution, Federal been again willing to come forward shrined in our Constitution. We have to statutes, legal precedent, and congres- after seeing what has been happening return to common decency and regular sional actions. They exist against the through these hearings—Kenneth order. Anything less is below the dig- backdrop of U.S. injustice against in- Appold, a suitemate of Brett nity of the American people and the digenous American Indian, Alaska Na- Kavanaugh at Yale, who is now a pro- great Constitution we swore an oath to tive, and Native Hawaiian commu- fessor at Princeton, stated: ‘‘I can cor- faithfully support. nities. Judge Kavanaugh’s misinformed roborate Debbie’s account.’’ He said: ‘‘I I encourage all of my colleagues to views on the status of indigenous peo- believe her because it matches the join me in voting against this tem- ple are alarming. same story I heard 35 years ago, al- peramentally unfit nominee. His views on women are also alarm- though the two of us have never Thank you. ing. There is no doubt in my mind that talked.’’ Professor Appold was never I yield the floor. Judge Kavanaugh will undermine re- interviewed. I suggest the absence of a quorum. productive rights. He knows better Likewise, James Roche was also a The PRESIDING OFFICER (Mr. than to say in public that he is going roommate of Brett Kavanaugh, and he PERDUE). The clerk will call the roll. to vote to overturn Roe v. Wade. That said: ‘‘Although Brett was normally re- The assistant bill clerk proceeded to is not what they do. The Federalist So- served, he was a notably heavy drinker, call the roll. ciety trains these people really well to even by the standards of the time, and Mr. SCHATZ. Mr. President, I ask not say what they are going to do. that he became aggressive and bellig- unanimous consent that the order for There is a reason everybody who wants erent when he was very drunk.’’ the quorum call be rescinded. to ban abortion is so enthusiastic

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.005 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6646 CONGRESSIONAL RECORD — SENATE October 5, 2018 about this judge. They are not dumb. It is a view we hear, and I respect my ish. This is most apparent in his opin- They understand his views, and they Republican colleagues for their views. I ions about the environment. I want understand the one thing you can’t say believe they are sincere in those views. you to know about a case which con- is, yes, I will vote to overturn Roe. That is not normally the kind of thing cerned the EPA’s authority to regulate Here is an email from his days in the you hear from a judge. He has a clear mercury emissions. The mercury rule Bush administration—which, by the view about the Affordable Care Act was based on decades of research that way, the Republicans tried to hide that isn’t based in jurisprudence; it is showed devastating health impacts of from the public. He said: ‘‘I am not based in his long history as a Repub- mercury on the brain, on the lungs, and sure all legal scholars refer to Roe as lican operative. on fetuses. The Obama administration the settled law of the land at the Su- I want to be very clear. A Republican found that the mercury rule prevented preme Court level since the Court can operative sounds like an epithet. It as many as 11,000 premature deaths by always overrule its precedent, and sounds like a personal insult. I work reducing heart and lung disease. three current Justices on the Court with a lot of operatives. They tend to Let’s be clear. It happened during the would do so.’’ This is exactly why the be Democrats. Operatives—not all of Obama administration, but this isn’t Senate deserves to know if Judge them—some of them are pretty cool. the EPA; these are professional sci- Kavanaugh would overrule this prece- Some of them are honorable. A lot of entists and researchers. These are civil dent. I think he will. them are really effective. It is not a servants. They are not like Obama ap- Time after time during the hearing, bad thing to be a political operative. pointees who have some ax to grind he evaded answers to that question, Someone has to run a campaign. Some- with a particular chemical. They just but we already know he embraces re- one has to mobilize voters. It is part of found that this chemical is dangerous strictive limitations on abortion that our democracy, like it or hate it. It is to people. The EPA was directed by law would, in practice, deprive women of just that we don’t put them on courts to study the public health hazards of their constitutional rights. at all. It is just that we have literally emissions from electric utilities, in- Judge Kavanaugh argued in one case never put an operative from either po- cluding mercury, and to regulate emis- that the Federal Government can and litical party on the highest Court in sions ‘‘if appropriate and necessary.’’ should override a young woman’s con- the land. That is the standard, ‘‘if appropriate stitutional right to seek an abortion In his speeches, Judge Kavanaugh and necessary.’’ Judge Kavanaugh because she was an immigrant. has left not-so-subtle bread crumbs thought the mercury rule was inappro- This young woman had complied about how he would rule on the con- priate because it didn’t take into ac- with the requirements of State law to stitutionality of the individual man- count the cost to the electric utilities make that decision herself. She did not date, which is really the linchpin of the to implement. need the Federal Government to trans- ACA. In a lecture at the Heritage I mean, think about that. You see a port her, pay for, or in any way facili- Foundation, he highlighted that the law, and it says ‘‘regulate emissions tate the procedure. She just needed majority of the Supreme Court agreed where appropriate and necessary,’’ and them to let her out of detention to do that ‘‘the individual mandate, best then you are a judge and you read that the procedure, but they didn’t want to. read, could not be sustained as con- law and you say: Listen, Agency, you They wanted to pressure her to volun- stitutional.’’ To him, the Chief Justice didn’t think about the corporations tarily deport herself. They put up arti- upheld the ACA only because he tried enough. So somehow that is violative ficial barriers to prevent her from exer- too hard to avoid deciding the con- of the law. cising her constitutional right. Judge stitutional issue. The whole speech is To arrive at his decision, he sub- Kavanaugh endorsed those barriers. about how Judge Kavanaugh would not stituted his own judgment of what is Making a young woman wait weeks to try too hard to avoid the constitu- ‘‘appropriate’’ for EPA. ‘‘Appropriate’’ obtain an abortion for no reason based tional issue. The risk that he will pro- means saving 11,000 lives. For Judge on the Constitution, Federal or State vide the vote to strike down the Kavanaugh, it meant not imposing too law, or even public policy is an undue healthcare law is not a hypothetical. many costs on polluters. burden. Republicans who worry about Now, there were a lot of what most He has and will continue to fight any the overstepping of the State should people in the bar thought were rather attempt by the EPA to keep up with care about this. nonserious challenges on the Afford- evolving threats to public health from Judge Kavanaugh’s dissent shows his able Care Act in various circuit courts polluted air and water and from cli- lack of respect for Roe, but even if he across the country, but I think we have mate change. Even though Supreme avoids directly overturning Roe, he learned that the Supreme Court has an Court precedent was clear that green- could be green-lighting State or Fed- interest in the Affordable Care Act, house gases fit with the Clean Air Act’s eral laws that, in a practical effect, maybe even a kind of unhealthy obses- ‘‘capacious definition of air pollut- outlaw abortion. sion with the Affordable Care Act. So ant’’—in other words, greenhouse gases Judge Kavanaugh would also rip the idea that these seemingly frivolous are a pollutant. Everybody knows that. apart of the ACA, if given a chance. He lawsuits will not be successful, I think, It is not a dispute among scientists or ruled to limit access to contraception is belied by the enthusiasm with which even among regular people who under- under the ACA, and he has made it the Supreme Court wants to take these stand that climate change is real, but clear he thinks the Affordable Care Act circuit court decisions which are get- Judge Kavanaugh pushed back. When is a ‘‘significant expanse of congres- ting appealed and rule on them. the majority of the DC Circuit followed sional authority—and thus also a po- Challenges to the ACA could come this precedent in another EPA case, he tentially significant infringement of before the Supreme Court as early as dissented. The conservative Justices on individual liberty.’’ A significant ex- this term. So I think it is really impor- the Supreme Court were convinced, and pansion of congressional authority and tant for people to remember that. Lis- they voted 5 to 4 to strike down the potentially a significant infringement ten, we all have our talking points on EPA’s rule. There will be a lot more of of individual liberty—now that sounds both sides of the aisle. I understand that when Judge Kavanaugh joins like something a Republican colleague that. It is not a theoretical risk. It is a them. would say. It is just a view about the real risk that ACA is gutted; that the When Judge Kavanaugh is confirmed, Affordable Care Act which that is to individual mandate is gutted; that pro- he will use a far-right doctrine to block the extent we are collecting taxes and tections for people with preexisting Federal agencies from protecting establishing some statutory mandates conditions is gutted; that what they Americans’ health and safety. He to try to make sure more people have call essential health benefits could fall wants to do away with something healthcare that is affordable, a zero- away; that the whole architecture of called Chevron deference, which pre- sum game. And the more people who our healthcare system could be gutted vents judges from substituting their have healthcare, the less liberty either in this term. judgment for that of Congress or a Fed- the rest of us have or maybe even those I am also voting no because Judge eral agency. people have. I don’t really know how it Kavanaugh puts corporations above Here is how it works. When Congress works, but that is a view. people—again, not a rhetorical flour- passes a law, you can’t—especially as it

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.006 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6647 relates to regulations about pollutants. in terms of not enforcing statutes anybody, but he picked Brett We don’t know exactly—we don’t know passed by the U.S. Congress; he has Kavanaugh, the one judge who believes all the science. So what we say is, for made it clear in speeches and writings the President is above the law and instance: Keep the air clean. Keep the that he does not think a President can should be left alone. water clean. You, Agency, figure out or should be investigated or indicted These issues have been clear since what is most important to ban, regu- for criminal offenses while in office. the nomination, and that is why I late on, and otherwise monitor. So it He said that maybe Nixon was wrong- pledged to vote no. Others came to delegates that authority to Federal ly decided, referring to the United light last week when the whole country agencies which have the technical ex- States v. Nixon. It is a 1974 decision in had the chance to hear from Christine pertise and knowledge to implement which the Supreme Court unanimously Blasey Ford and Judge Kavanaugh. and enforce the law. held that President Nixon had to com- What we saw, I think, was alarming for Without that authority, we wouldn’t ply with a subpoena to turn over the a lot of people. Whatever your view on have the rules to protect our air and tapes of his conversations in the White all of the stuff I just talked about, ac- water from pollution. We wouldn’t be House. He wrote in the Minnesota Law tually, we saw behavior that was just able to regulate access to new dan- Review in 2009 that he thinks a Presi- weird. It was kind of manic. It was gerous drugs. We wouldn’t have rules dent shouldn’t be indicted for breaking angry. It was wild-eyed. It was threat- to protect consumers from unsafe or the law. Let me repeat that. He wrote ening. I mean, we talk—listen, I was in predatory products and services be- in the Minnesota Law Review in 2009 the State house of representatives, so I cause everything is supposed to be leg- that he thinks a sitting President wasn’t in a position to deal with advice islated. shouldn’t be indicted for breaking the and consent on State judges, so I If you don’t believe in Chevron def- law. hadn’t dug into what the criteria were erence, then—we are supposed to every Now, near as I can tell—I am not a when you are considering a judge. So when I got to the Senate—I am in year come up with a new list of chemi- lawyer—but near as I can tell, this is my sixth year—there were a lot of con- cals to ban or not ban. What do we the main difference between Judge versations about judicial temperament. Kavanaugh’s views and the rest of the know about that? Seriously, what do You think about qualifications. You we know about that? Do you think people on the Federalist Society list. I want to make sure the views are not maybe the lobbyists might be involved mean, the head of the Federalist Soci- too extreme. Then you think about in that process more so than if you let ety, before Judge Kavanaugh was nom- temperament. This thing about tem- the administrative agencies do that? inated, was asked: Do you have any fa- perament is being totally ignored by For the life of me, I don’t under- vorites? He said: Anyone on this list the majority because if you care at all stand—I mean, I do understand why would be great. about temperament, if you care at all people want to get rid of Chevron def- It is just weird to me that the Presi- about the idea of equal justice for all, erence, but I don’t understand the legal dent of the United States picked this if you care—and we are so close to the justification for it. The reason they guy, a Bush person. It is not normally U.S. Supreme Court physically right want to get rid of Chevron deference is his preference to pick a Bush person, now. If you care about that magnifi- because it makes life safer for big cor- but this person has this really specific cent building and the idea that any- porations and less safe for the rest of view about how powerful a President body going before that highest Court in us. should be, and that is really worri- the land is going to get a fair shake, it A vote for Judge Kavanaugh would be some. is just vanishingly unlikely that if you a vote against Chevron deference. It He also wrote that there is ‘‘a serious are with the National Resource Defense would allow judges to decide what a constitutional question regarding Council or NARO or Planned Parent- law means without considering whether a President can be criminally hood or MoveOn, or whoever he views Congress’s intentions or listening to indicted and tried while in office.’’ This as part of this attempt to smear him, the Agency. is the tip of the iceberg. they are going to court and they are Perhaps most worrisome for me is Judge Kavanaugh has also asserted going to be a litigant and they are Judge Kavanaugh’s views on Executive that the President has ‘‘absolute au- going to be looking at Judge power. The context here is, the Fed- thority’’ to pardon all offenders for any Kavanaugh saying: Oh, yes, he is unde- eralist Society provided a list to Don- crime at any time, even before a trial cided. ald Trump and Donald Trump said, or a charge; even before he or she is This is the important thing: Some ‘‘Looks good to me,’’ as part of his sort charged. Does he mean all offenders, people will argue that he is going to be of solidifying the primary, and then even the President? Judge Kavanaugh an evenhanded jurist, that he sort of Judge Kavanaugh got added at the end. may have refused to answer this ques- lost his cool, but he cleaned it up in I mean, after the initial list was estab- tion at the hearing, but his expansive this most recent Wall Street Journal lished, then one person got added at view of Executive power speaks for editorial. Maybe. I don’t think so. I the end. him. think it is implausible. The point is, he In terms of their jurisprudence, there His view puts the President above the can’t even appear—you are not sup- is not a big difference between Judge law, and this is dangerous because posed to even appear to be anything Kavanaugh and the rest of the people right now Special Counsel Robert less than impartial, and he ripped the on the list, but here is the difference: Mueller is in the middle of an inves- mask off. Judge Kavanaugh has a very unique tigation into the President’s campaign. Again, he is a Republican. That is view of Executive authority and what a Instead of following Supreme Court fine. I get along with Republicans—not President is subjected to in terms of case law, Judge Kavanaugh may try to all of them, but I get along with Re- the law. undermine that investigation and stop publicans—and he can have all of those In his writings and rulings, he has attempts to subpoena the President or views. It is just that once you start ar- made clear that he thinks a President to collect evidence. ticulating really partisan views, espe- can choose not to follow the law if he The context, of course—sometimes cially in the context of a nomination thinks it is unconstitutional. Can you we in the Senate pretend not to know process, then the mask is off, and you imagine that a President can just say: things we know. There are a lot of don’t belong on the Court. You have to ‘‘That law is unconstitutional, so I smart people here, but we sometimes display the proper temperament on and refuse to enforce it’’? don’t say what is actually going on, off the Bench at all times. ‘‘What that Congress couldn’t do anything about which, as everybody knows, even peo- means is in dealings with one’s col- it because it would all go to the Su- ple who are loyal to him—or people leagues on the bench, having an open preme Court where Judge Kavanaugh who pretend to be loyal to him but pri- mind, being respectful of a colleague’s sits. Do you think Donald Trump vately grouse about him—the Presi- views, being respectful of the lawyers might like that idea? I think Donald dent demands loyalty to him, not to who come before the court and not Trump might like that idea. the Constitution, not to the country. treating them disrespectfully, but to Judge Kavanaugh thinks the Presi- The President is a person who demands have proper respect for the lawyers on dent is literally above the law, not just personal loyalty. He could have picked the court.’’

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.007 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6648 CONGRESSIONAL RECORD — SENATE October 5, 2018 I am quoting Judge Kavanaugh, and I was terribly scandalous was that this Mr. MERKLEY. Mr. President, I have did not see that Judge Kavanaugh last man had been in public life, he worked a lot of concerns about the possibility week. for the government, and so there are of Brett Kavanaugh serving on the Su- I just want to make one minor point tons of records of that, right? You can preme Court. They are concerns that about that. Whatever we think of that FOIA it. Most of it is archived because come from many different directions, Wall Street Journal editorial, besides he worked in the White House. In the but let’s start with the precedent that the fact that there was no actual apol- end, the committee didn’t receive 95 this body has not reviewed his full ogy, it wasn’t like a spur-of-the-mo- percent of the documents related to his record. We haven’t taken any look at ment thing where he kind of lost it and public life. all at the 3 years he was Staff Sec- said a few things he didn’t mean to say. Now, we are not talking about a fish- retary to President Bush because the He wrote the speech the day before. ing expedition. We are talking about President’s team intervened and asked That speech was what he wanted to when he worked in the White House, us not to. And a couple Members of say. That is what he intended to say. where are the records of that? We this body collaborated with the White So it is not like the passion—I have didn’t get to see any of it. It was, in my House to deny everybody else here the said lots of things I wish I didn’t say, view, a misuse of the process in the Ju- possibility of looking at his record. but generally when I write them down, diciary Committee related to what is The thing is that each and every one I can’t fairly characterize that as a considered committee confidential. of us has a responsibility to review the mistake. Maybe I made a factual error. In the past, committee confidential record. This exceptional situation in essentially means anything that is per- Maybe I stumble. Maybe I shouldn’t which a few Members have made it im- sonally sensitive or anything that is ei- have said one paragraph. possible for anyone in the body to ful- That whole thing was a mess. That ther secret or top secret. Committee fill their constitutional responsibility confidential is a narrow thing, but whole thing was an emotional mess. is an extraordinary abuse of power in what they decided to do is say 95 per- That actually should have been dis- this body. cent of all the records we just don’t get qualifying, and that should have been Then we have the President of the to see. So the U.S. Senate and the pub- the moment where Members of the Re- United States reaching out in other lic doesn’t get to review 95 percent of ways—in ways we have never seen be- publican Party just went over and said: the records related to Judge Listen, we have 18 conservative judges. fore—and putting the stamp of Presi- Kavanaugh’s public service. dential privilege on some 100,000 docu- Any of them could get confirmed. This These are the reasons I find it hard guy is not right for the Bench. This ments. These were documents from the to believe Judge Kavanaugh is going to time that Brett Kavanaugh served as a guy is going to be bad for the institu- have a successful vote tomorrow; and I White House Counsel. We received a tion of the Court. do understand he will have a successful few documents, and there were a lot of I want to talk a little bit about the vote. I guess it is today because we are Federalist Society, an organization troubling things in those documents, 3 in the morning. but 100,000 documents were censored by with a mission to alter the legal land- Judge Kavanaugh’s judicial record, scape of the United States. For dec- the President of the United States. his temperament, his views on Execu- I will just remind my colleagues that ades, the Federalist Society has tive power should be enough to scare the President is not supposed to inter- worked to remake the Federal judici- away most Members of this body. fere with the work of the Senate in the ary with the view of power of corpora- This is a dark day for the Senate, but confirmation process. It is called the tions, Executive authority, social con- more important than that—I worry separation of powers. Maybe some of servatism, and the protection of privi- very much about this institution. I you would like to pull out your Con- worry about the way we have con- lege that is out of the legal main- stitution and study it for a moment ducted ourselves. I worry about the stream. As Amanda Hollis-Brusky, a and realize that the President nomi- bastardization of this process. I worry professor of politics at Pomona College nates but doesn’t get to decide what about our ability to come back to- and the author of ‘‘Ideas with Con- this body reviews. Yet that stamp of gether. I worry about, the Senate’s tra- sequences,’’ a study of the Federalist Presidential power, untested, has done ditional role, when it is working, is to Society, said: ‘‘The idea was to train, so for, as far as we can tell, the first calm everybody down, is to deal with credential, and socialize a generation time in U.S. history. stuff that is hard. It seems to me that of alternative elites.’’ Then we have the fact that he asked at every stage, instead of being the This is because we have Republican the same individual whom he had given cooling saucer, instead of being a place Presidents who would nominate and the stamp of Presidential power to pro- where we can deal with tough issues, get confirmed Justices that were Re- ceed to make some 140,000 documents we serve to inflame the passions of publican but not as reliably conserv- confidential so the public couldn’t see folks on both sides, to cause pain ative as they wanted. So the Federalist them. Well, that, too, was untested. across the country, and to not get to Society, formed for the purpose of say- That, too, was an original strategy. the truth. More important than the in- ing, you know, we are not going to get That, too, was a situation of mini- fooled again. We want our stuff. We stitutional aspect, it is a dark day for vulnerable people, women in par- mizing the conversation that experts want our outcomes. We don’t want you could have of what was in those to actually fairly consider the law and ticular, people of color, indigenous peo- ples, people with preexisting condi- records. the Constitution and just call balls and Of those three phases, I think the one tions, people who struggle economi- strikes and all that. That is what they that bothers me the most is the second say. They set up this apparatus to do cally, union members. The country is feeling torn apart, one—the use of the stamp of Presi- the opposite; to be very outcome-ori- and the Senate has traditionally dential privilege on 100,000 documents. ented and to be very conservative. played a role in calming tensions down, When Presidential privilege—otherwise That is what the Federalist Society moving methodically, being fair, and known as Executive privilege—was has done. this process is not that. We need an- used in the past, a document was This nomination is the latest success other nominee. looked at and it was determined, what story of this ambitious enterprise, and I yield the floor. constitutional test does this meet for his confirmation will, unfortunately, I suggest the absence of a quorum. special treatment? One would think entrench these judicial views in the Su- The PRESIDING OFFICER. The that since these were documents from preme Court for decades to come. clerk will call the roll. the Bush administration, the Trump While his views on some issues are The assistant bill clerk proceeded to administration couldn’t make any of known, the Senate and the American call the roll. the arguments that normally are made people still don’t have a full picture of Mr. MERKLEY. Mr. President, I ask about compromising conversations in who he is, and that is because at every unanimous consent that the order for the White House, but no explanation turn there has been a concerted effort the quorum call be rescinded. was given. This was just straight-out to hide the documents. The PRESIDING OFFICER (Mr. SUL- censorship across the board. Now, this feels like 10 weeks ago, but LIVAN). Without objection, it is so or- I challenged that censorship, and the before the last scandal, what I thought dered. hearing that was supposed to take

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They wrote a letter erybody who came in that courtroom seeing those 100,000 pages that were October 3rd: ‘‘The Senate should not thereafter would have a real serious censored by the White House? What is confirm Kavanaugh.’’ The letter was doubt—a real serious doubt over the President hiding? Is it Brett presented to us the following day. They whether the truth was being told. Kavanaugh’s involvement in the policy said this: Brett Kavanaugh said that all wit- of torture? Is it Brett Kavanaugh’s in- Judicial temperament is one of the most nesses to his alleged assault of Dr. volvement in holding the documents important qualities of a judge. As the Con- Ford refuted her claim or said it didn’t stolen from Senate Democrats, because gressional Research Service explains, a judge happen. What is the truth? Only one we know he received them? Is it his in- requires ‘‘a personality that is evenhanded, person said it didn’t happen: Brett unbiased, impartial, courteous, yet firm, and Kavanaugh. All of those other folks he volvement in other nominations where dedicated to a process, not a result.’’ he said he wasn’t very involved? What said refuted it—nobody refuted it. They The concern for judicial tempera- is in those 100,000 documents that the said they couldn’t remember, but they ment dates back to our founding. In White House was desperate that this didn’t refute it. And one said that Federalist 78, titled ‘‘Judges as Guard- body not review? That is certainly while she couldn’t remember, she be- ians of the Constitution,’’ Alexander troubling. No nomination should go lieved Dr. Ford. So Brett Kavanaugh, Hamilton expressed the need for the in- in the most generous capacity, simply forward without a review by this body tegrity and moderation of the judici- of a nominee’s records, certainly not doesn’t have the ability to keep the ary. facts straight on a pretty straight- for a lifetime appointment and cer- The letter continues: tainly not for the Supreme Court. forward thing—big difference between We are law professors who teach, research, refuting and not remembering—or he Then there is concern over the tem- and write about the judicial institutions of perament of the individual. Out of the deliberately misrepresented the facts, this country. Many of us appear in State and in which case he lied. hundreds of millions of Americans Federal court and our work means that we Brett Kavanaugh said he first heard across this land, certainly there are at will continue to do so, including before the of the Ramirez allegations in the pe- least nine who have the temperament United States Supreme Court. We regret riod since The New Yorker published to serve. No need to turn to someone that we feel compelled to write to you, our the story, but we have had multiple re- who is belligerent and condescending. Senators, to provide our views that at the Senate hearings on September 27, Judge ports that Brett Kavanaugh and his No need to turn to someone who is Brett Kavanaugh displayed a lack of judicial team were working to discredit Rami- angry and unstable. But what did we temperament that would be disqualifying for rez before The New Yorker story. Why see? That is exactly what we saw when any court, and certainly for elevation to the did he say that he learned about it highest court of this land. we heard him testify before the Senate after, when he was working to discredit Judiciary Committee. They continued based on their back- it before? Did he think this was clever, He said things like: ‘‘Some of you ground—2,400 law professors from that he could kind of say: Well, I heard were lying in wait and had it ready,’’ across the country—saying: about the full story in The New Yorker although he said it in an angrier tone The question at issue was, of course, pain- after The New Yorker article was pub- than that. ful for anyone. But Judge Kavanaugh exhib- lished. Was that what he was trying to ited a lack of commitment to judicious in- He said: ‘‘This confirmation has be- imply—like maybe I can slip by on that come a national disgrace.’’ Well, I quiry. Instead of being open to the necessary search for accuracy, Judge Kavanaugh was one—because he didn’t want people to don’t actually argue with that because know that he knew about it early and it is a disgrace because of the com- repeatedly aggressive with questioners. Even in his prepared remarks, Judge Kavanaugh had worked to discredit her? Another promises of fairness that have occurred described the hearing as partisan, referring whopper from Brett Kavanaugh. in this process toward the women who to it as ‘‘a calculated and orchestrated polit- Brett Kavanaugh said he did not came forward. ical hit’’ rather than acknowledging the need travel in the same social circles as Dr. When he was asked by Senator KLO- for the Senate, faced with new information, Ford, who went to Holton-Arms, but BUCHAR if he has ever been blackout to try to understand what had transpired. what was the truth? His classmates drunk, he responded: ‘‘I don’t know. Instead of trying to sort out with reason and care the allegations that were raised to said they routinely socialized with the Have you?’’ Well, interesting response. him, Judge Kavanaugh responded in an in- Holton-Arms girls. So much for that Did he respond ‘‘I don’t know’’ because temperate, inflammatory, and partial man- statement. he can’t remember because he blacked ner, and he interrupted and at times was dis- Brett Kavanaugh said he categori- out? Was that his point? courteous to Senators. cally did not receive documents stolen Then we saw the partisan rhetoric: a As you know, under two statutes governing from Democratic Senators and their frenzy on the left to come up with bias and recusal, judges must step aside if staffs by Manny Miranda in the early something, anything, to block my con- they are at risk of being perceived as or of being unfair. As Congress has previously put 2000s, but in one of those documents firmation. Angry and partisan, all in it, a judge or justice ‘‘shall disqualify him- that didn’t get censored, that slipped one moment. self in any proceeding in which his impar- its way through to the Senate, what Then he went on to say much more tiality might reasonably be questioned.’’ did we find out? It shows that he clear- about things being calculated and or- These statutes are part of a myriad of legal ly received the stolen documents—an- chestrated, about things being a polit- commitments to the impartiality of the judi- other lie from Brett Kavanaugh. ical hit, fueled with pent-up anger ciary, which is a cornerstone of the courts. Brett Kavanaugh said that Judge about President Trump. He talked We have differing views about the other Pickering’s nomination was not one he qualifications of Judge Kavanaugh, but we about fear unfairly stoked. He talked are united as professors of law and scholars primarily handled. Well, let’s just say about revenge on behalf of the Clin- of judicial institutions in believing that he that this is less than the full truth. tons. did not display the impartiality and judicial Maybe if you emphasize the word ‘‘pri- He threatened the Senate. He said: temperament requisite to sit on the highest marily,’’ you find some shred of accu- ‘‘As we all know, what goes around court of the land. racy, but it is certainly not a full and comes around.’’ Signed, with their respective institu- appropriate presentation because it This man with these quotes is quali- tional affiliations, 2,400 law professors, turns out that he was involved in a fied to serve on the special body known saying that this man is not suited to number of critical aspects of the Pick- as the Supreme Court of the United serve. ering nomination. States? I don’t think so. Another concern not mentioned in Brett Kavanaugh said he did not see He talked about the fact that he that letter was his fidelity to the or hear anything about President didn’t drink too much and he didn’t be- truth—misrepresentations, inaccura- Bush’s warrantless wiretapping pro- come belligerent. Yet we saw a lot of cies, and straight-out whoppers. gram before it was publicly reported,

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One is that he kind of bizarrely humorous to hear col- ministration did not consider ideology believes that the President is above leagues across the aisle complaining when selecting or vetting judges, but and beyond the law and should not or about dark money, because they have the truth is that the documents show cannot be indicted or investigated been absolutely arguing that dark that they did consider ideology. while he is in office. money should be permitted. When we Why did this man, Brett Kavanaugh, The Court may well have to make had the idea of not having dark money feel the need to misrepresent the truth some rulings on how President Trump and shining a light on it—it was called time after time after time? conducts himself. President Trump the DISCLOSE Act—every single Re- He implied that when it came to might just fire the special prosecutor. publican in this Chamber voted against drinking, he didn’t drink excessively Is that within his power? The Court it. Every single one voted against sun- and he did not get aggressive. Yet we may have to decide. light. Why is that? The Koch brothers The President may decide to pardon have person after person after person essentially are the puppet masters of himself—something never done in U.S. saying that is exactly what happened. this Chamber. They invested hundreds history—given all the investigations He said the phrase ‘‘Renate Alum- of millions of dollars in dark money, into egregious conduct. Why did the nus’’ in his yearbook was ‘‘clumsily in- thanks to Citizens United, in making President pick this individual, who has tended to show affection.’’ Let me re- sure that they had control of this the most expansive view of Presi- peat that: ‘‘clumsily intended to show Chamber. Did we hear Judge dential power, to serve on the Court? affection.’’ And he continued: ‘‘and Kavanaugh have any interest in clean- Maybe he is trying to write himself a that she was one of us.’’ Isn’t it nice ing up this mess? ‘‘get out of jail free’’ card. But if you that he and his colleagues got together Thomas Jefferson was speaking to can’t find in the Constitution that the to pick out this one young lady and the core architecture of our Constitu- President is above and beyond the show in their yearbooks that they had tion, and he said that the mother prin- law—and I dare you to try; I dare any- affection for her, when everyone else ciple—he referred to it as the ‘‘mother one in this Chamber to find that in the involved said that is not what it was principle’’—was that there would be an Constitution, because it is not there— all about at all? It was about this equal voice among the citizens. Now, why are we putting a man on the Court group of men bragging about sexual we know it was not the case that ev- who thinks it is, who is so comfortable conquests. It may not have actually oc- eryone had an equal voice. Commu- twisting and torturing the words on curred, but they were laughing over the page to reach a predesired conclu- nities of color did not have an equal the prospect of disgracing this indi- sion? voice and women did not have an equal vidual. What kind of a warped char- Yes, he was handpicked by the Fed- voice, but what Jefferson was speaking acter goes out of his way to either brag eralist Society after Trump promised to was the distribution of power across about sexual conquests or to imply— to appoint anti-Roe v. Wade judges who the electorate. He said only then will imply—a character that she did not would strip away the constitutional you have laws that reflect the will of have, to tear her down? But that is right to a full range of reproductive the people. Brett Kavanaugh. services. It bothers me a lot—the idea But Citizens United is the opposite of He went on to tell some real whop- of a judge who believes the government that. It concentrates power. If you pers—that folks in his circle say the should be in the exam room, between a have an individual like the Koch broth- term ‘‘ralphing’’ refers to throwing up woman and her doctor. The govern- ers who can put $100 million into a when drinking. He said: No, it refers to ment does not belong in an exam room, campaign and you have an ordinary a sensitive stomach. They are all between a woman and her doctor on person who can put $100 into a cam- things that he had written. difficult medical life issues. paign, then you are granting the Koch ‘‘Boofing,’’ what was that all about? But in every decision—or virtually brothers 1 million times the influence. He said that has to do with flatulence, every decision—Kavanaugh finds a way It is the exact opposite of Jefferson’s but everyone around him says: No, that to twist the circumstances in order to ‘‘equal voice’’ principle. was a crude sexual activity that he was find for the powerful over the people. Does Kavanaugh have the slightest describing. That is what that word That is what this rush to jam this per- understanding that the construction of means. I will not give the details of it. son onto the Court is. Does he believe the Constitution was to avoid the pow- He said ‘‘devil’s triangle’’ is a drink- the Court should take on gerry- erful—running the government by and ing game, when everyone else says: No, mandering, which is a huge blight on for the powerful? The Constitution was it wasn’t a drinking game; it has an- equal representation of the people? a response to that very problem in Eu- other sexual connotation. There is no sign that he does. We cur- rope. There is no sign of that, no inter- So he couldn’t bring himself to be rently have a Court where the majority est in that—in fact, quite the opposite. honest and say: I don’t feel comfortable has not wanted to take on those issues, He has bragged about being the most giving the definition of those in a pub- despite the fact they are the ones who pure on the First Amendment. What lic hearing because I am such a nice, are supposed to maintain the integrity does that mean? It means that he loves sweet guy. But instead, he lied. Lying of the Constitution. the weaponization of the First Amend- came so easy—lie after lie after lie. As Do we have any sign that he is upset ment, twisted as an instrument to give my colleague from South Carolina or concerned about the tearing down of the powerful victories over the people said: When a person lies once, you the Voting Rights Act, which this time and again—decisions against the don’t trust them after that. How would Chamber passed and the House passed environment, decisions against work- anyone, after breaking the truth, be and was law for decades but was torn ers, decisions against consumers, deci- believed in the future? down by the court? Rather than letting sions against reproductive rights. That So we have the fact that his char- this Chamber or the House together de- is the rush to put this man, unqualified acter is one of hurting and attacking cide to adjust that law, they decided to in every possible way, to serve on the others, of lying even to the U.S. Sen- tear it down, saying: We don’t have to Supreme Court—not having the tem- ate. Some 2,400 law professors note worry about this anymore. perament, not having the integrity. that his temperament, his animosity, Is there any sign that Judge That is the rush—to secure and ensure and his partisanship make him un- Kavanaugh cares about the desecration that Jefferson’s concept of equal voice qualified to serve on the Court. of the opportunity of citizens to vote in is destroyed. So what is this all about? Why are this country? No. An offense against The most troubling is his conduct to- my colleagues across the aisle so in- the Constitution, yes. His concern, ward women. The fact that he collabo- tent on getting him confirmed? It has none. rated with other boys to damage the

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.012 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6651 integrity of a young woman was trou- of a ‘‘me too’’ conversation, can indi- incident at the party involving a gag bling. Troubling beyond troubling is viduals in this Chamber on the right with—well, you know the story—fol- the story of his assault on Dr. Ford, side of the aisle take such joy in being lowed by a male student exposing him- but you might say: Wait. We don’t have so unfair to a woman coming forward self. Was Richard Oh invited to come any corroborating information about to share a story? It is even worse be- before the Senate and tell his story? that. cause each one knew, if they read the No, he was not—another transgression But Dr. Ford asked for her corrobo- newspapers, that there was a lot of cor- of justice. Did the FBI talk to him? No, rating witnesses to come before the roborating information. because it had instructions not to talk Senate Judiciary Committee, and how Kenneth Appold was in the same to these individuals who had corrobo- many of those were allowed to come suite in the dorm. He lived in the same rating information. before the committee? None. None. suite—two bedrooms, sharing a com- This is situation in which, when a Zero. The committee was determined mon space—and he heard the story. He woman comes forward to share her to make it just ‘‘he said and she said,’’ independently recalled many of the story, she is treated with disdain by without any other information. That is same details that Ramirez shared, in- this institution. That is why these treating an individual unfairly—abso- cluding that a male student had en- women didn’t want to come forward. lutely unfairly—to cherry pick infor- couraged Kavanaugh as he exposed They thought they were mistreated. mation and only to allow it to support himself. The classmate recalled that Unfortunately, it turned out to be one side of the argument and to deny the party took place in a common right, and everyone supporting and her the ability to bring her corrobo- room on the first floor. voting for Kavanaugh shares the shame rating people before the Judiciary I have known this all along, he said. of the mistreatment of Dr. Ford and Committee. Even in 1991, that was not It has been on my mind all these years the mistreatment of Debbie Ramirez. done with Anita Hill. This body treated when his name came up. It was a big Across this land, it has caused Dr. Ford worse. deal. women to relive the experiences they Then the sham of the reopened FBI How come his voice was not allowed have gone through, with many of them investigation, which was only opened to come before the Senate? Why did the having written to our offices. I encour- because one courageous colleague from FBI not talk to him and put it into the age every Senator to read every one of Arizona said: I am not going forward report? I will tell you why. It was so the letters they are getting before vot- unless we really examine these situa- Senators could go down and review the ing late this afternoon on the question tions that involved his assault on report and say, oh, there is no new in- of whether Kavanaugh should serve on women. But the decision on how to formation. the Court. I read five letters earlier, conduct that FBI investigation wasn’t Of course, there is no new informa- but I have received a lot of letters. I up to this Chamber. It was up to the tion. It is because the President’s team am going to read more of them now. President, and the President does a reportedly asked the Republicans’ lead- This individual writes: scoping document and tells the FBI ership what they wanted done, and ap- Please do what you can to block the whom to talk to. Apparently, he con- parently it didn’t want any of the peo- Kavanaugh vote to the Supreme Court. I was sulted with the leadership, it is re- ple who had corroborating information also a victim of sexual assault when I was in ported—the Republican leadership of to be talked to or reported on. That is graduate school in the early 1970s. I never this Chamber—on whom to let the FBI a betrayal of justice. That is a com- pursued that due to fear of consequences and feeling that this was my fault. consult with, and the result was not to plete corruption of justice. consult or talk to or interview a single Mr. Appold is a professor now at ‘‘This has to stop,’’ she concludes the one of those eight people that Dr. Ford Princeton Theological Seminary. He is letter. asked to be interviewed. deeply respected. Do you think that she got any en- It would take some time, I guess, to He said: ‘‘It had been on my mind all couragement from the completely un- know exactly who said what to whom. of these years when his name,’’ refer- just way this body treated these two It was the President’s decision. So the ring to Kavanaugh, ‘‘came up. It was a women? No. It is exactly the classic responsibility rests there. But in the big deal.’’ The story stayed with him, setup and rigged response with which, interest of fairness, was there not one he said, ‘‘because it was disturbing and so often, women have met when they Member of this body in that conversa- seemed outside the bounds of accept- have had the courage to come forward tion who could speak up and say: We able behavior even during heavy drink- with their stories. want the facts not a whitewash. We ing at parties on campus.’’ He said he Another woman wrote: want the facts. had been shocked but not necessarily I cried all the way to work, listening to Dr. Apparently, no one did. No one in- surprised because the social group to Christine. sisted on that. They said: No, we will which Kavanaugh belonged often drank She is referring to Christine Blasey go forward, even if we hide all of the to excess. He recalled that Brett Ford. facts. Kavanaugh was relatively shy until he If you can do anything as my Senator, do Then, there was Debbie Ramirez, who drank, at which point he could become everything you can to change the course of shared her story of being assaulted, her aggressive and even belligerent. our national Court decision. There isn’t story from the college dorm. In that Now, this individual, Kenneth, may much more I can say as a mom, as a profes- be quick to judge, and one may say, sional, as a sexual assault victim who has case, she said there were 20 people that never come forward. Please. the FBI should talk to. Well, she well, he just invented this memory, ex- wasn’t invited to appear by the Judici- cept here is the problem—he shared it I appreciate her writing to me, and I ary Committee at all, and none of her with his roommate from his first year share her concern and the belief that 20 individuals whom she suggested in graduate school. He told what had we should change the course we seem should be talked to were invited. So happened that year, so he has a lot of to be on at the moment because there she got no hearing—complete exclu- credibility. He is a professor at a theo- is nothing like confirming this man sion. Yet many Members of this Cham- logical seminary. He lived in the same without fairly examining the women ber attacked her. Do you think that is suite. He heard the story about it who have been courageous enough to fair, attacking a person but not letting shortly after it happened. It disturbed come forward. It is more insulting to her come before this Chamber to give him so much that he shared it with his all of these women who have gone her story? Do you think that is fair? It roommate from his first year in grad- through the experiences of being as- is not fair. uate school. That is a pretty persuasive saulted. Another Oregonian wrote to me: Then we have the FBI receive in- substantiation of Debbie Ramirez’s structions from the White House, after story. I am a survivor of sexual abuse. I was as- consultation with the Republican lead- There was another classmate, Rich- saulted as a child by someone my family trusted, then again by a stranger when I was ership, and the result is they didn’t ard Oh, an emergency room doctor in in college. In both instances, I remember the talk to one of her corroborating wit- California. Soon after the party, he re- sinking feeling I had afterward—the feeling nesses—not one. Why, in this day and called overhearing a female student that even if I spoke up, I wouldn’t be be- age, where we have been in the middle tearfully recount to another student an lieved. I have long felt trapped inside my

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.014 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6652 CONGRESSIONAL RECORD — SENATE October 5, 2018 own trauma, but over the past couple weeks, he hit his head on the bed’s headboard, Do you think this woman, who is now I have drawn such strength from the sister- and with his weight off of her, she was in her nineties and went to Reedsport hood of survivors who have shown up, pro- able to yell for help, and her friend and High School, takes any good feeling tested, and shouted out their own survivor her friend’s brother rushed in and res- away from the Senate in the way the stories. I have drawn strength from Dr. Christine Blasey Ford’s testimony. I know cued her. Senate treated Dr. Ford with regard to that because she stepped forward, other sur- Dorothy doesn’t want The News-Re- the fact that it did not allow anyone vivors will feel brave enough to speak up too. view to use her real name, so she is supporting her story to appear or with There is power and comfort when women being referred to by a name that was regard to the fact that leadership was come together and speak our truth before given to many girls in the year she was consulted by the White House and that the world. born. She still has difficulty dealing the result was a scoping document that I say to Dr. Christine Blasey Ford, I with what happened to her in high did not allow the FBI to talk to the am sorry you were treated in this hor- school. For most of her life, she has re- people who had supporting informa- rific manner by the Judiciary Com- fused to think about it. She has had tion? mittee of the U.S. Senate. I am sorry plenty else to think about. She has Do you think she takes any good you were treated so unfairly that not a raised kids, been widowed, remarried, feelings away from the way this Senate single one of your corroborating wit- widowed again, but it is still with her. treated Debbie Ramirez in its attack- nesses was pulled before the com- She said: ing her and disqualifying her without mittee. I feel terrible that those at the You try to bury all of that, and you do for even letting her come and tell her FBI did not talk to any of the people a long time. Then something like this news story and not talking to the 20 people you asked them to talk to. It was a comes up, and it brings it all back. she suggested had corroborative infor- rigged system. You were set up. You Dorothy started off talking about mation? were betrayed by the leadership of this sexual harassment. It was later when Do you think she takes anything body, but your courageous action in she felt able to call what had happened good away from the horrific way these coming forth was not without results. to her by a more legally accurate women were treated and the unfair way This woman, like thousands of oth- name—attempted rape. Dorothy said they were treated? I do not think so. ers, is looking to you and saying thank she was naive when she was 16: You must look at the way the Senate you—thank you for the courage you I was pretty shy and naive and unsure of behaved and say that is supposed to be had to share. Even though you were myself, I guess. I don’t know if feeling ‘‘infe- a distinguished body, that it is sup- afraid that you would be treated un- rior’’ is the right word. I made good grades, posed to being an esteemed body. We fairly, you came forward anyway, and and I worked in the school office, but I was should expect the best from the U.S. that gives others courage to share a country kid. Senate and we got the worst. their stories. Unfortunately, your She couldn’t talk to her mother Another woman wrote: fears, Dr. Ford, were justified. May it about sex. You must stop the confirmation of never be again the case. The only right If I tried to ask her anything about sex, Kavanaugh, especially after his angry, abu- she said, ‘‘That is dirty. We don’t talk about sive testimony today that was full of lies. I thing now is for us not to send Brett am a sexual assault survivor, and I am abso- Kavanaugh to the Court. that.’’ She had a general idea, enough to un- derstand what her attacker was after. She lutely full of despair this evening. There was an article that appeared in didn’t know if he and other boys were drink- I am not the only one getting these an Oregon newspaper, and I am going ing, but she was not. The kids had been danc- letters. So, to my colleagues, I ask: Are to read the story but, like the news- ing before it happened. It never occurred to you doing anything to address the paper, not share her name. her to report the incident. That just wasn’t anger about the way Dr. Ford was The newspaper story starts out this done in those days, and she was ashamed— treated? Are you insisting that she get way: embarrassed—as if the whole incident were her fault. fair treatment before you vote to send The event happened 75 years ago when The story got around at school, though, Kavanaugh to the Supreme Court of ‘‘Dorothy’’—[not her real name]—watched and the other kids were not sympathetic. the United States? Are you insisting the testimonies of Christine Blasey Ford and You look, and people are kind of giggling as Brett Kavanaugh on television, on Thursday, those who can corroborate Debbie Ra- you walk by. They had heard about it. during Kavanaugh’s Supreme Court con- mirez’s story, including a professor at firmation hearings. The memories came Now she wonders if the same boy the Princeton Theological Seminary, flooding back, and for the first time, she felt went after other girls. have the chance to tell their stories be- she must tell her story—a story she never It is part of life, and it happens a lot more fore you send Kavanaugh to the Su- told her mother, a story she didn’t tell her than people realize. It probably happened to preme Court? Are you? husband either. other girls in the same school, she said. Another individual wrote: Dorothy’s story is similar to the Many years after the event, Dorothy said she Please, please, please vote no to elect Brett story Blasey told, on Thursday, in tes- saw her attacker. He was in a wheelchair, Kavanaugh to the Supreme Court. As a vic- timony that was part of the confirma- and she couldn’t help thinking, ‘‘Great. He tim of domestic violence, I am full of fear for got what he deserved.’’ tion hearings for Supreme Court Jus- everyone who would be affected by the deci- tice Nominee Kavanaugh. Blasey ac- Even though 75 years have passed, sions Kavanaugh would have the power to cused Kavanaugh of attempting to rape she has never forgotten what he did. make. her when they were both at a house I can still shut my eyes and see that guy This letter starts out: party with a group of high school stu- packing me over his shoulder and throwing Senator, I want to thank you for express- me on the bed and jumping on top of me. dents. Kavanaugh denied the accusa- ing your concerns regarding the Kavanaugh Watching Thursday’s hearings made issues. I am a survivor of rape by my best tions, which are now the subject of an friend’s older brother at the age of 10. I also FBI investigation. Dorothy furious. She believed Blasey, and she was horrified by the Senators survived many years of abuse by my ex-hus- Dorothy, now 91, was a student at who defended Kavanaugh. band. While watching the coverage of the Reedsport High School in the 1940s. One day, Kavanaugh news, I have heard Senators she was at a friend’s house where several They are so unfeeling, you know? I would make very hurtful comments about the kids her age were gathered. She said she was hate to be their wives. If they just sit there women who have come forward. I was proud carried into a bedroom by a popular football and take this guy’s word for it, I feel sorry of my Senator for having the courage to pub- player, and before she knew what was hap- for the wives of these guys who are so macho licly announce that the way this has been pening, she found herself pinned to a bed, un- that they can’t see a woman’s point of view. managed by the Trump administration is derneath the boy, who was struggling to get The hearing motivated her to come wrong. her pants off. He was both a ‘‘big man’’ on forward. I totally relate to what Dr. Ford describes campus and ‘‘just big.’’ She was 85 pounds. I just felt now is the time to tell my story, as being held down and not being able to In some ways, Dorothy’s story is dif- and maybe other women will come forward, breathe. The only word that adequately de- ferent from Blasey’s in that she was and maybe they will do something more scribes this type of treatment is torture. I do about the way that women are disbelieved. not know where my former best friend’s carried and not pushed into the room. brother is; however, my ex-husband walks There was no one in the room except She said it was a relief to finally around with a religious cross around his her and her attacker. Dorothy said she share her secret. ‘‘I am about to get neck. He is a pillar of his church, has the ad- was able to push the boy enough that weepy,’’ she said. miration of our daughter. I never told my

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.015 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6653 children, while I am left with years of night- Here is another letter: This is letter No. 17. I have more mares and fear. I am a sexual assault survivor. I watched than 50 letters here. As you can start The Kavanaugh allegations in the news today. The sex crimes prosecutor looks like to hear, the themes of women being as- have triggered memories I have tried to bury she had nailed Kavanaugh by his own cal- saulted are very similar; women hear- for decades. endar. Dr. Ford testified that it was early ing in Dr. Ford’s story their own expe- She says: evening and casual. It appears the assault rience, and they are asking the Senate Though, your comments have renewed my happened at the home that Kavanaugh and to treat the women who have come for- his friends worked out. This is when one of faith that other than my older brother, there ward with fairness and justice and are exists good men who want to support women the majority Judiciary members took over who live with the torment of sexual abuse. and became angry partisans. being deeply disturbed that they have That is all she writes, but I think not been treated with fairness or jus- I would love it if this letter said: I tice. was afraid that the all-male majority what bothered a lot of people was that the majority chose to bring in a pros- There is still time. There is still time of the Judiciary Committee would until we vote and send Kavanaugh for- treat Dr. Ford unfairly. I was afraid ecutor—a prosecutor—to question Dr. Ford, as if Dr. Ford had committed a ward, if we vote no, as these women but relieved when they heard her out. I asked because an individual with this was relieved when they insisted that crime. She didn’t commit a crime, my record does not belong on the Court. those who could back up her story were Then we will admire the courage of allowed to testify. I was relieved and friends. She is a brave woman who came forward to share her story, hop- these individuals to come forward. pleased they took her seriously enough The next letter: that they insisted the FBI—they told ing she would be taken seriously and the President the FBI has to talk to treated fairly, afraid she wouldn’t, and As a survivor of assault, it’s important to me that the nominee for one of the highest those folks for us to have any credi- it turned out her fears were justified. They hired a prosecutor to treat her offices have an impeccable record, which bility. I would love for this letter to Kavanaugh has demonstrated he does not say that, but it doesn’t say any of like a criminal. Wow. That is insult to have, both through his reactionary hearing those things because this body, this injury. and the accusations against him from sur- leadership, let her down and let every This letter is longer. It is the 16th vivors. I implore you to be a voice of reason woman across America who has been a story I am reading that I received from in the chaos. victim of sexual violence down. constituents back home. My first assault happened in 2011. I am so Another woman wrote and said: Watching Dr. Ford’s treatment in the Sen- ashamed that the only way my sister found out was because she found an STD test I had Today’s hearing was difficult yet impor- ate today, I am having a hard time getting my own work done. Dr. Ford’s assault experi- received from Planned Parenthood and asked tant to watch. As a victim of sexual assault me about it. I was 24. I had nightmares for myself, I applied your support hearing Dr. ence parallels my own in ways I have not thought about in years. However, unlike months. It changed everything. Ford’s accounts and believing in doing what My second assault happened in 2015. I was is right and just. Judge Kavanaugh, my assailant was able to complete the assaults he set out to do be- drunk and in an unfamiliar part of town. An Wouldn’t it be better if this letter cause we were not inebriated at the time he acquaintance offered to give me a ride when could say: I applaud the Senate, the violated me. He merely used his size to over- I was leaving a bar and my phone died. Senate leadership, and the President of power me, outweighing me by 150 pounds. She goes on to describe the attack. the United States for believing in doing Like Brett Kavanaugh, my assailant at- She says: tended an all-boy’s Catholic school, attended what is right and just. We didn’t get I say this not for shock value, but to em- a prestigious university, went on to become letters like that, did we. phasize how painful watching this hearing an attorney. I have considered, because of Another individual writes: was and how unsurprised I will be if the types of clients he represents, bringing Kavanaugh is confirmed. Today was an extremely difficult day the multiple assaults he perpetrated over the watching the Kavanaugh hearings. I was so course of 2 weeks, while I stayed with his Unsurprised because she doesn’t ex- amazed by the bravery Dr. Ford showed family across the country from my own, to pect men to treat women fairly who throughout her testimony. Her experience the attention of the State bar where he prac- have been assaulted and have come for- was raw and credible. As a young victim of tices or journalists in the State where he de- ward. And everything that has hap- sexual assault, I feel emboldened because of fended Catholic priests accused of abusing Dr. Ford’s testimony. Women need to be pened in this Chamber confirms that. children. The next letter notes: heard and believed. We have to hold the Su- Seeing now what Dr. Ford is being put preme Court to the highest standards. Brett through, knowing she was driven from her As a survivor of sexual assault, this issue Kavanaugh is clearly not a candidate for the home and threatened, is now being assaulted is of the utmost importance. I rarely speak Supreme Court. by her colleagues, gives me pause. of these events and have tears streaming Isn’t that right, that we should en- My assailant isn’t up for any prestigious down my face just writing this. I was unable sure that we have the highest stand- promotions. He is not on the short list for a to report my assault for various reasons, in- cluding explicit death threats, fear of expo- ards for those who serve on the Su- Federal judicial position or running for any public office. It has been 18 years, and the sure by the media, and threats by several preme Court? statute of limitations in the State where powerful men who had the ability to end my All those district judges across the this took place may or may not have run career before it had even really begun. This land writing their decisions, they get out, depending on how the acts are defined. situation hits so close to home that it has appealed to the circuit courts, and all If my assailant decides to follow through been physically painful—physically painful— those circuit court judges writing their with his goal to become a politician, my cal- for me to watch much of the coverage. I have opinions, they get appealed to the Su- culus may change. For now, I need you to do been unable to obtain justice for myself, and preme Court, to nine individuals. Isn’t what you can to shut this nomination down, that is soul-crushing. But what would be a greater travesty is to allow a serial predator it important that we proceed to ensure to show the world that you not only believe Dr. Ford but you honor—honor—her testi- a lifetime appointment affecting the lives of that we ‘‘hold the Supreme Court to mony. every single woman in America. Are we the highest standards’’? We will not do Your colleagues, your Republican col- going to be part of a greater travesty? that if we confirm Brett Kavanaugh to leagues, clearly believe her; they just don’t Letter No. 19: the Court. think it matters. Please, as a survivor and as As a constituent and a victim, I am writ- a constituent, I am begging you, make her We will be setting an abysmally low ing to you to make sure that you vote testimony matter. standard for integrity for all of the against Brett Kavanaugh’s confirmation. falsehoods he has told and an incred- Are we going to make her testimony During his hearings, Kavanaugh misled the ibly low standard for behavior. We saw matter? We are not going to make it Judiciary Committee under oath. He refused the behavior and the partisanship. We better if we send Kavanaugh to a seat to say whether a sitting President must obey didn’t see judicial temperament and on the Supreme Court. a subpoena and refused to answer whether impartiality. Her desire, her interest, her possi- President Trump could pardon himself or He violates basically every standard bility of coming forward is cut short by bribe someone with a pardon. And now, Kavanaugh has been accused of sexual as- we set for someone to serve on the Su- the way she saw this Senate treat Dr. sault by multiple women. preme Court. Yet we are having a vote Ford. That is a very sad commentary Kavanaugh’s answers during his confirma- later today with an indication that he on the injustice perpetrated by this tion hearings add to the evidence that will be approved. body. Trump nominated him not to protect the

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.017 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6654 CONGRESSIONAL RECORD — SENATE October 5, 2018 American people, not to protect the Con- women who have spoken up are being treat- Thank you for fighting. I was a victim of stitution, but to protect himself. It was only ed. I am counting on you. Thank you. sexual assault at age 12. I am now 71. I re- a few weeks ago that Trump’s former lawyer We hear this time and again. Women member it vividly. It has affected my whole incriminated him in two felonies. It’s becom- say they didn’t speak up because they life. If Kavanaugh is confirmed, we will put ing inevitable that a Trump case will reach a horrible man on our highest court. thought they would be treated un- the Supreme Court, either over his role in Thank you for highlighting the seri- crimes to win the White House or a subpoena fairly—unfairly—just the way the Sen- to answer questions from the special counsel. ate treated the women who came for- ous deficiencies in the process of Presi- We already know that Kavanaugh believes ward and shared their stories about dent Trump’s nominee, Brett sitting presidents should not be under Fed- Brett Kavanaugh. Isn’t that a sorry Kavanaugh, to the Supreme Court. eral prosecution or even investigation. Now, legacy for this body? Isn’t that a Letter No. 27: under oath, Kavanaugh isn’t even pretending shameful result, that women say they I am heartened by your efforts and like- to be an impartial justice. That is exactly minded Members of Congress who have why Trump nominated Kavanaugh—to be his didn’t speak up because they thought joined the 21st century, many whose eyes, get-out-of-jail-free card. they would be treated unfairly, just like the Senate is now unfairly treat- ears, hearts, and minds have witnessed the Letter No. 20 begins: ing Dr. Ford and Debbie Ramirez? scourge of sexual misconduct. I am a 58-year- As a rape victim myself, I am livid that old Native American, native Oregonian. I this man is even being considered for a high Wouldn’t it be a beautiful thing to grew up on a Catholic Indian mission with position. Brett Kavanaugh’s views are ex- have done it differently, to have pro- both my parents and seven brothers and sis- treme. His belligerent behavior during the ceeded to say: Your story matters, so ters. Later in life, I recalled through discus- hearing shows that he should not sit on the we will talk to those you suggested sions with my younger sister that my older highest court in the country. I urge you to have corroborating information. We brothers had most likely sexually abused me reject that radical choice of a justice who will report what information there is when I was a very young girl, less than 7 would put our basic rights at risk. Use your for the consideration of the Senate. We years old. I never reported it because I didn’t constitutional authority of advice and con- do appreciate that you have shared recall it until I was in my 40s. My parents sent to ensure that the President cannot were alive and it would have destroyed them. your experience, and we will look into place unfit extremists in positions of power I am a sexual assault survivor who never that can affect us for decades. it. told my best friend in high school when one Serving for life on the highest court, jus- Wouldn’t that have been a very dif- rape occurred. tices have the solemn responsibility to be ferent message to send, an example to She proceeds to share information fair, to be evenhanded, to uphold the sanc- send for everyone across this country— about several other assaults when she tity of our laws and our Constitution, and to for companies when an employee re- was serving in the Army, and she says keep faith with the letter and the spirit of ports an assault, for places of worship that each time, she didn’t report it. the Nation’s core, public health, environ- when a parishioner reports an assault, mental, civil rights, and labor laws. His All of these incidents left me fearful, feel- record rejects these principles. Please do all for schools, universities, when a stu- dent reports an assault? ing vulnerable, psychologically damaged, in your power to stop Brett Kavanaugh’s PTSD, emotional trauma, physical trauma, nomination. Wouldn’t it have been great to set an and other problems too incalculable to quan- Letter after letter reminds us that example—a high example of how to tify. treat an individual fairly? But we did the Supreme Court is so important. We I think these topics are often not dis- the opposite. We showed exactly the should only send individuals to serve cussed. Women in our own lives may type of treatment that these women on that Bench who are of unimpeach- have had experiences they have never fear—a rigged, unfair, unconcerned re- able character. shared with us, thinking that they sponse. But there is time to remedy Letter No. 21: might be blamed, feeling that they are that by not voting to confirm. I am deeply concerned about Brett ashamed, considering that they might One of the reasons I am reading these Kavanaugh’s nomination to the Supreme not be believed, anticipating that they letters is that many of the women who Court after hearing Dr. Christine Blasey might expect that we would feel they Ford’s story. There is no need to wait to pub- wrote said they were writing to try to should somehow have prevented it or licly say that you believe Dr. Ford. She has make a difference. My team called and somehow invited it. All of these con- generously offered more than enough infor- talked to a number of them, and they flicts—they sense they will not be mation for us to fiercely support her. encouraged their letters to be used. I, too, am a victim of sexual assault. When treated with respect and dignity as the They want to be heard. They want to I was 21, my boss at the time raped me, leav- victims they are. Let’s treat them with be honored with our intention that we ing me with a lifelong disease, and it never respect and dignity when they bring care about the experiences they have was reported. I had no support. I was embar- forward their stories. rassed and humiliated and wanted to just suffered, that we take them seriously. forget about it. Looking back, I wish I would They want us to think about what we Dear Senator MERKLEY: I have never taken have tried to report him. I was a single have done and take Dr. Ford and the time to write a Senator. With Trump as mother with a 2-year-old child and my 12- President, or having Trump as President has Debbie Ramirez seriously. That hasn’t caused depression and anxiety, but I have year-old sister present when the assault oc- happened, but there is still time by not curred in the middle of the night as they gritted my teeth, battened down the hatches, slept. confirming Brett Kavanaugh. and tried to weather the storm. However, This happened to me in 1974. I am now a 66- In this letter, the individual says: this saga with Kavanaugh has mobilized me year-old woman who has had relationship How you vote on Brett Kavanaugh’s nomi- to speak out and protest a person of his problems her whole life and self-esteem and nation is one of the most crucial votes you moral ineptitude. anxiety and sexual dysfunction ever since. will cast. Please vote no. I am a victim of sexual assault. I am sure A lifetime impact from sexual as- Prior to hearing this round of hearings, I you’re hearing the outpouring of messages sault. was concerned about his ability to be truth- like mine from hundreds of women. I am so angry and so bitter about the current envi- Each of these women wants us to ful. Now, as a survivor, I am fearful for the entire female population. I urge you to vote ronment that promotes racism, sexism. The take seriously the experiences that no for all of those reasons. things I have seen voted in make me despair. were shared, and to take it seriously Letter No. 25: Rather than the Senate behave in a means we would look into it with fair- way that makes women despair, what ness and credibility, but we didn’t. The I believe Dr. Christine Blasey Ford. I do not believe a man who could have stifled a if we behaved in a way that inspired, Senate didn’t. frightened woman’s screams while he felt en- Letter No. 22: set an example, had people say: We titled to put his hands on her body without didn’t think you would rise to the chal- It would be beyond unethical to continue her permission. I do not believe such a per- with Kavanaugh’s nomination in the wake of lenge because so often we have seen son is fit for one of the highest courts in our mistreatment when they bring forward Dr. Blasey’s story. I am counting on you. country. She took a lie detector test. He did Signed, a MeToo survivor. not. She called for an FBI investigation. He their stories, but you shocked us be- Letter No. 23: did not. She was calm and collected. He was cause you took it seriously and you As a victim of sexual assault during my not. treated these women fairly. Wouldn’t military service, I, too, told next to no one. As a sexual assault survivor and your con- that be a beautiful story rather than Why? I wasn’t about to subject myself to stituent, I implore you to stand with women. the reality of where we are right now? being treated the way these courageous Letter No. 26: Letter No. 29:

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.018 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6655 There are a number of viable options for pearance may change. But his name will re- also a successful practicing Child/Adolescent/ this Supreme Court seat—individuals not ac- main etched in our brains forever. Adult psychiatrist, with 20+ years of experi- cused of any crimes—and regardless of inno- She goes on to say: ence. cence or guilt, Kavanaugh has shown himself Since Ms. Ford’s testimony, on Friday I to be unqualified to remain impartial as a Putting Kavanaugh on the court means saw two female walk-in patients, one of judge. Furthermore, the backlash of there telling all of us, the countless millions, that whom revealed to me her own sexual assault, being any question of guilt regarding rape we do not matter. which occurred around the time of Ms. accusations is too great for him to success- She closes by saying: Ford’s. She confessed this is the first time fully fulfill the duties of that position and We matter. I matter. she has told anyone about this. The other will cause a division between voters that will woman I saw that day told a similar story. likely never be healed. Yes, you do. And when you say that From the press I understand crisis lines lit Speaking as both a concerned voter and you are adding your voice to the many up all over our nation, doubling their traffic rape survivor, there is no legitimate reason who are speaking out in the hope that in some cases. that we cannot find another candidate for the country will listen, I commend I write because I am worried. The press re- this job. If he is appointed despite these alle- you. I commend you for being brave ports that only two of the three women mak- gations, it will be all but impossible for a enough to share your story and to ask ing complaints against Mr. Kavanaugh will rape survivor to ever feel safe in the U.S. those in this Chamber to listen. But so be interviewed by the FBI. . . . I am concerned that only two of the three again. How could we if an accused rapist is far, they have not listened because lis- presiding as a member of the highest court alleged victims . . . will be heard. To estab- in the country? tening would mean treating with re- lish a pattern . . . the FBI must include as spect and dignity the women coming She makes a point. There are many many credible victims and witnesses as pos- forward. Listening would mean giving sible . . . particularly given the timelines other people who can be considered to these women the opportunity not just and deadlines they are up against. be brought forward. Why this indi- to present their case, their experience, Statistics on rape in the United States are vidual who demonstrated such par- but to have those who can corroborate shockingly high, higher even than many less tisanship? Why this individual who developed countries. their information come before the Ju- bent and, yes, broke the truth many diciary Committee and share their sto- She was concerned the FBI would not times before the committee? Why this ries. Listening would mean insisting be able to speak and interview those individual who wrote offensive, mock- that the FBI actually talk to the cor- who could corroborate the experiences. ing, accusing, disgracing things, at- roborators rather than not talk to the It turned out far worse than she could tacking a woman in his yearbook? Why corroborators. ever have imagined: 0 for 28—0 out of this individual who chose to join a fra- So you have not been listened to, I 28. Not, well, we talked to 5 out of 28. ternity with a reputation for assault- am sorry to report, but there is still Not we talked to 8 out of 28. The FBI ing women? Why this individual who time for someone—for several people— was 0 out of 28, not because the FBI chose to join a secret society with a to say: We have reflected on this situa- would choose to do that but because similar reputation? Why this indi- tion and realize how unfair and unjust they could only talk to people whom vidual about whom credible women we have been, how much we add to the they were allowed to talk to by the have come forward and shared their trauma of millions of women by not President’s scoping instructions. Those stories of assault? And why this indi- listening to the women who have come instructions were not to talk to anyone vidual when we had the full oppor- forward, not taking them seriously, who had credible supporting informa- tunity to have considered the corrobo- and rigging the system, as they feared tion. That is such a violation of fair- rating information from 28 individuals would happen. ness, of due process, of justice. who they asked that we talk to and we This individual writes: There is that beautiful set of words didn’t? carved into the front of the Supreme There is still time to reject this nom- I have a voice even if those screams were stifled inside of me so long ago. Today that Court: ‘‘Equal justice under law.’’ ination and somehow restore the tar- voice says that Kavanaugh is not fit to be a Wouldn’t anyone who had the right nished reputation that is the product member of the Supreme Court. character to serve there have insisted— of the behavior of this body during this Beyond the details of what transpired insisted—that these women get fair nomination process. when he was a teenager, his atrocious dis- treatment? But we didn’t hear Judge Letter No. 30: play during Thursday’s hearing should dis- Kavanaugh insisting. He didn’t even I am 66 years old, nearly 67. I can tell you qualify him outright. Integrity, level- want an FBI investigation. He cer- exactly what occurred when I was a victim of headedness, respect for the rule of law, and tainly didn’t insist on there being one sexual assault and attempted rape at age 16. lack of partisan bias should be fundamental requirements of any justice. that actually talked to the people who It was burned into my memory and will for- had information. If your conscience is ever be a part of me. Kavanaugh did not display any of those I continue to be shaken to the core that traits. His confirmation would stain the Sen- clean, if your life experience is clear, anyone would explain such behavior as nor- ate and the judiciary for years to come if not you don’t fear an investigation. mal, part of young men growing up. It is un- permanently. This letter goes on: conscionable, unacceptable, and must no I will conclude by saying that Dr. Ford’s Furthermore, currently our Congress and longer be ignored. incredible courage has helped me more than Senate do not reflect the 50.5% of Americans Letter No. 31: any therapy session. She spoke. In speaking who are female. In fact, in 2017 US female her truth to power, she spoke for all of us. representation by gender in Congress and the Dear Senator MERKLEY, I am reaching out I have shed so many tears watching and Senate was far lower in the US than Ger- to you as a survivor of teenage rape. Like so following these proceedings, but finally feel many, France, United Kingdom, Sweden, many other survivors, I have been following like I can stand tall, that I do not need to Belgium, Netherlands and Spain. the events surrounding Judge Kavanaugh’s hide or live in shame. Her story is, in so nomination with so much emotion that I many ways, my story. The smart girl who She cites the source as the Inter-Par- cannot really begin to express it. I do not be- loved math and somehow made it through liamentary Union Parline Database on lieve that I need to ask you to say no when Stanford, completed a PhD, and embarked in National Parliaments. it comes to a floor vote, but I want you to a career in research despite the trauma that As a result we rely on men to understand add my voice to the many who are speaking followed. . . . and act on this predominantly female prob- out in the hope that the country will listen. All too often we hide behind a smile and lem. American women depend on your gal- Sexual assault affects millions of girls, mask of strength so that people do not see lantry to ensure our government does right boys, women, and men. Too many of us live that inside we cannot stop shaking. by us. our lives in shame and silence, disbelieved if Lawmakers would be well advised to not I plead with you to persuade our leaders to not outright blamed. underestimate the strength of our power do the right thing. Think of your mother, Nearly 30 years have passed since a fellow when we raise our heads, shed our shame and your wife, your daughter and the women you student in my small town high school took reclaim our voices. We may tremble, but we love. Show us we are valued. As you make my innocence, to then proceed to publicly will speak. We will be heard. We will NOT be your phone calls know American women shame me. People believed him, not me. dismissed. watch with fear and hope. Don’t let us down. This has to stop. People need to realize that we may forget some details, but we will Letter No. 32: Did we treat Dr. Ford and Debbie Ra- never, never forget what happened. And I am a victim of sexual abuse as a child, mirez in the way we would want our when we know the perpetrator, we will never rape as a young adult, and sexual harass- mother, our wife, our daughter, or the forget his name. He may grow old. His ap- ment during my professional career. I am women we love to be treated? No, we

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.020 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6656 CONGRESSIONAL RECORD — SENATE October 5, 2018 did not. She wrote asking for us to not Letter No. 37: I ask you, are you comfortable voting let her down, and we have let her down. I am myself a sexual assault survivor. for this nomination when this body did There is only one appropriate thing to I listened to the testimony of Dr. Blasey not hear from the individuals who had do, and that is not to send this man Ford . . . last Thursday. It was clear to me corroborating information and you did who has bent and broken the truth that her testimony was credible. not invite them to testify? Even that many times before the U.S. Senate to The likelihood that she may not accu- was done in 1991. Are you comfortable the Supreme Court, not to send this rately recall the identity of her assailant, voting to support this nomination who was known to her before the assault, is man who has credible accusations of extremely improbable. Trust me. It is not when the FBI investigation was limited sexual assault that we were unwilling the sort of detail that an assault victim for- by a scoping document that excluded to investigate to the Court. gets. having interviews with any of the 28 The letter next notes: The likelihood, on the other hand, that people, put forward by the 2 victims, As a sexual assault survivor it’s essential Brett Kavanaugh may have failed to remem- who had information to support them? to me that no person who perpetuates such ber assaulting a . . . woman when he was Are you comfortable with that? You crimes ever sits in a position of power ever inebriated is quite probable. Not only does shouldn’t be. You shouldn’t be com- again. excessive alcohol consumption dull the mem- fortable voting for a nominee who is ory, but males who think so little of women under a shadow of allegations that we That kind of sums it up. that they would thus assault them are likely This is letter No. 34. She says: to dismiss the experience from memory as didn’t even bother to explore. I am a 52 year old proud Oregonian woman. inconsequential. It confirms everything that women . . . I too am a victim and survivor of sexual I implore you to continue to work tire- across this country fear—that when abuse, and sadly a member of the ‘‘Me too’’ lessly to encourage your colleagues to vote they come forward and share their sto- club. Should you confirm Judge Kavanaugh, no on Kavanaugh’s confirmation. . . . His in- ries, they will not be taken seriously, you will be disrespecting every Me Too vic- tegrity and character are in serious ques- that the system will be rigged, and tim in America, young or old. tion, and he showed a total lack of judicial that they will be blamed. Everything Victims of abuse are across the spectrum, temperament. . . . I urge you to stand up. they saw in the way the Senate han- and no doubt probably also in your families. I know these letters didn’t just go to Judge Kavanaugh is a nominee for a lifetime dled this situation was shameful and appointment on the Supreme Court, an individuals on this side of the aisle. So embarrassing and beneath the dignity interviewee. HE IS NOT A VICTIM. . . . I ask my colleagues, have you read the of this body that should have given a I did find it, by the way, so dis- letters that you have received that stellar example of how to respect and turbing to hear colleagues treat the have asked you to take seriously the investigate, but it did not. My colleague from New York has ar- women who come forward as the crimi- experiences shared by Dr. Ford and by rived to share her thoughts. I thank nals and treat the nominee as the vic- Debbie Ramirez? Have you taken them her for her strong and fierce defense of tim. That is exactly the type of inver- seriously? Did you insist that their women across this country who have sion that women fear. That is exactly corroborating witnesses be inter- suffered so much and been silent so the type of reversal that has women de- viewed? The President’s team says it often in fear they will be disrespected ciding that they will never get a fair consulted with the Senate’s leadership as the two women who came forward, hearing, and it is exactly what hap- on how the FBI investigation should be done. We now know that, in the way it Debbie Ramirez and Dr. Ford, feared pened right here in the U.S. Senate. they would be disrespected. This body The letter continues: was done, none of the 28 corroborating witnesses were talked to—none. Did confirmed every fear they had. Mrs. Ford was very brave in her testimony. you take seriously the women in your Let’s not vote to put on the Supreme ... Court of the United States an indi- All of you on the Judiciary Committee— home States who wrote to you the way WAKE UP! It is 2018, not 1991 with Clarence the women in my home State wrote to vidual who bent and broke the truth Thomas, we now acknowledge and believe me? many times before the committee; an victims that come forward to tell their sto- Letter No. 38: individual with a record—even, as we know, from his high school and college ries, aka HER-stories. If the FBI’s investigation was limited to We will never forget your actions in this Ford’s and Ramirez’ allegations and excludes years—of abusing women; an individual confirmation process. the third credible allegation of Avenatti’s of arrogance and anger; an individual Well, the writer is saying it is 2018, client, it is wrong to cherry pick credibility. with partisan sentiments; an individual not 1991, and yet we treated Dr. Ford I emphatically state that this third allega- who thinks the President is beyond the and Debbie Ramirez worse—worse than tion reflects my personal experience. I do not law; an individual who finds, time after we treated Anita Hill in 1991. divulge this lightly. It happened to me when time, for the powerful over the people. Letter No. 35 is a letter from Oregon I was 14. It was both legally and morally That is not the person who should be constituents writing in to share their wrong, and I never reported it. confirmed to serve on the Supreme This was in 1971 in Southern California. It anger, their angst, their concern, their was a recurrent event before I came to learn Court of the United States of America. desire that women coming forward be that others were victimized in the same I thank the Presiding Officer. treated fairly, their desire that we manner—rendered unconscious in order to be The PRESIDING OFFICER (Mrs. treat them seriously enough to actu- engaged without consent. It seems incredible HYDE-SMITH). The Senator from New ally talk to corroborating witnesses. that I would end up attending other gath- York. Yet, unfortunately, we did not. erings where individuals participating in Mrs. GILLIBRAND. Madam Presi- In letter No. 35, the woman writes: such activities would also be, but, in fact, dent, today and these past several this is my experience as well. weeks have been deeply painful for I was also a victim of sexual assault when One of my sisters—9 years younger—re- I was in graduate school. I never pursued many in this country. Today it is a counted that this culture existed during her that due to fear of consequences and feeling painful day for millions of women all high school years in a party environment in that this was my fault. This has to stop. across the country who are rightly Northern California. In these environments, Letter No. 36: there are certain coalitions of males who worried about losing their basic civil rights. It is a painful day for the brave Senator MERKLEY, I write to you today to covertly foster these environments, and the urge you to vote no on the Kavanaugh nomi- victim is typically isolated in some back and courageous survivors who have had nation. The time has come for women to room or even some hotel room. to relive their trauma and, in some have a say in this society that men will lis- Please maintain my anonymity, but take cases, have found the courage to tell ten to. seriously the consideration of my deeply per- their story for the very first time. I am a victim of sexual abuse. My case hap- sonal account. There are many qualified ju- It is also a painful day for men who pened when I was 22. rists who possess the appropriate qualities to hope to see this Senate stand on the I never told anyone about my experience sit on the highest Court of America. right side of history. until I remarried 39 years ago. That was letter 38. Yet there are so Today, in just a few hours, the U.S. I have an 8-year-old granddaughter, and I many more letters pouring into my of- Senate is going to turn its back on pray that she will not ever have to battle someone to save herself. fice, reading: Take our experiences se- righteousness. It is going to turn its I am now 75, and I remember the exact riously. Take seriously the voices of back on fairness and reason, and, make time and place this incident occurred. One Dr. Ford and Debbie Ramirez. This in- no mistake, it is going to turn its back never forgets. stitution has failed them. on women.

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.021 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6657 What we have seen over the last few I received thousands of calls, hun- She was direct, and she did not evade weeks is an exercise of power: Who has dreds of letters, and I have read some any questions. She did not duck or it and who doesn’t. Rather than a of those letters this morning. They are dodge like someone who was trying to search for the truth, we have seen so disturbing and so upsetting. I can’t hide the truth. those in power ram through a nominee imagine what that must be like to deal When my colleagues asked her with who is unfit to serve on the Supreme with in this moment that we are in what degree of certainty did she be- Court. Ultimately, this is about the when you have Members of the Senate lieve Brett Kavanaugh assaulted her, power structure of America, but it is who either don’t believe credible sur- she said: ‘‘One hundred percent.’’ changing, and it is changing fast. vivors or, if they do believe them, they When I was watching her testimony I want to say something right here don’t care. sitting there in the room, there were from the Senate floor to every woman For every survivor out there who many moments when her testimony in America who is listening: I hear you. feels she is not being heard, not being brought me to tears. I thought the way Many of my colleagues in the Senate listened to, not being believed, I want she opened was particularly moving. hear you. We hear your stories. We you to know there are those of us here She said: hear your voices, and we will be certain who do believe you, who have heard I am here today not because I want to be. they will not go unheard. you, and who will fight for you. Your I am terrified. I am here because I believe it I have heard from constituents all voices are being heard, and they do is my civic duty to tell you what happened across my State. I have been talking to matter. Your willingness to protest, to to me while Brett Kavanaugh and I were in people for the last several months, and stand tall, to speak out, and to speak high school. I agonized daily with this deci- I have been talking to people specifi- clearly over these last few weeks has sion throughout August and early September cally about this nominee for the past 2018. The sense of duty that motivated me to been extraordinary. It has been power- reach out confidentially to the Washington several weeks. I have heard from ful. It has been meaningful. It has friends who have been sexually as- Post, Representative Eshoo’s office and Sen- made a difference. ator Feinstein’s office was always there, but saulted. I have heard from friends So do not fear that what you have my fears of the consequences of speaking out whose daughters have been sexually as- done was a waste of time. Do not fear started to increase. saulted. I have heard from people who that speaking out doesn’t matter be- During August 2018, the press reported that are outraged about what is happening cause it does. The energy and inspira- Mr. Kavanaugh’s confirmation was virtually in this country right now—outraged at tion you have created is going to drive certain. His allies painted him as a champion of women’s rights and empowerment. I be- a process that doesn’t seek the truth this movement forward. and doesn’t seem to be fair. lieved that if I came forward my voice would I also want to talk a little bit about be drowned out by a chorus of powerful sup- Unfortunately, it is a moment when why Brett Kavanaugh should not be survivors are having to relive the worst porters. serving on the Supreme Court, why he By the time of the confirmation hearings, moments of their lives in real time by doesn’t deserve this seat, and I want to I had resigned myself to remaining quiet and just watching the news. talk a lot about his record and what we letting the committee and the Senate make So I am going to read a little bit of know about Brett Kavanaugh as an in- their decision without knowing what Mr. information that was submitted to the dividual. Kavanaugh had done to me. At the same Senate Judiciary Committee on Sep- time, my greatest fears have been realized Over these last few weeks, we have tember 27 by Jessica Davidson from and the reality has been far worse than I ex- learned a lot about this nominee, even End Rape on Campus. She writes a very pected. before we found out that more than one heartfelt letter about her own trauma, Apart from the assault itself, these last woman had accused Judge Kavanaugh about her own experience with sexual couple of weeks have been the hardest of my of sexually assaulting her. His judicial life. I have had to relive my trauma in front violence, and about the representation record was already clear, and many of of the entire world and have seen my life she provides from her organization. picked apart by people on television, in the She writes: us made our decisions to oppose Judge Kavanaugh based on that record—that media, or in this body who have never met or We envision a world in which each indi- spoken with me. I have been accused of act- vidual has an educational experience free judicial record and statements alone. ing out of partisan political motives. Those from violence, and until then, that all sur- That was the first reason I opposed who say that do not know me. I am a fiercely vivors are believed, trusted, and supported. him—because I have no doubt he will independent person and I am no one’s pawn. Each year, we assist nearly 1,000 survivors undermine women’s rights on the Su- My motivation in coming forward was to and their families directly, conduct edu- preme Court. provide the facts about how Mr. Kavanaugh’s cational campaigns, support student activ- I will say more about his judicial actions have damaged my life so that you ists, and to advocate for policy reform ef- record in a moment, but what we all can take that into serious consideration as forts that reach millions of individuals. saw and heard over the last few weeks you make your decisions about how to pro- She asked: isn’t something that you can actually ceed. It is not my responsibility to deter- How many more viral online moments mine whether Mr. Kavanaugh deserves to sit discern from a judicial record. More on the Supreme Court. My responsibility is must be created before an incredible harm than one woman has come forward and trauma we have experienced is enough to to tell the truth. be taken seriously when a survivor comes with sworn statements under penalty That is a woman of extraordinary hu- forward? And why is the burden always shift- of perjury, saying Brett Kavanaugh mility and extraordinary courage. ed to those who have experienced the harm? committed acts of sexual misconduct I want to compare Dr. Blasey Ford’s She says an American is sexually as- against them. One of them, Dr. Blasey testimony to Judge Kavanaugh’s testi- saulted every 98 seconds. Just imagine Ford, even bravely testified before the mony right after her. We all saw it. how many lives are being destroyed. Senate Judiciary Committee. She was Some of my colleagues have suggested She says more than an estimated under oath, and she relived one of the that because multiple women were 17,700,000 women and 2,780,000 men have worst moments of her life on national making very credible accusations experienced an attempted or completed television. She was credible. I believed against Judge Kavanaugh that he had a rape since 1998; 3 million college stu- her. right to be angry, that he was right to When my colleagues asked her what dents will be sexually assaulted this come out strong and fight back, like a she remembered most clearly, her fall alone; 18,900 military servicemem- politician would. Really? Is that how a strongest memory was the laughter. bers bravely serving our country expe- judge is supposed to act? Not according She said that ‘‘indelible in the hippo- rienced sexual assault in 2014; and one to Judge Kavanaugh. in every four voters in the United campus is the laughter—the laugh, the I want to quote from a law review ar- States is a survivor—more than half of uproarious laughter between the two, ticle he wrote 2 years ago about how a all voters in the United States know a and their having fun at my expense.’’ good judge is supposed to act: survivor. Survivors make up a signifi- She said: ‘‘They were laughing with cant portion of each U.S. Senator’s each other.’’ She said: ‘‘I was, you To be a good judge and a good umpire, it is critical that you have the proper demeanor. constituencies, and survivors every- know, underneath one of them while We must walk in the shoes of other judges, where deserve to know that if they the two laughed, two friend—two the lawyers, and the parties. come forward, they will be taken seri- friends having a really good time with It is important to understand then to keep ously. one another.’’ our emotions in check, and be calm against

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.023 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6658 CONGRESSIONAL RECORD — SENATE October 5, 2018 the storm. To put it in the vernacular: to be And I think there is merit in that criticism tem of government works knows that a good umpire and be a good judge, don’t be and that the Senators should really pay at- this is not what our Founding Fathers a jerk. tention to it. designed. Anyone who has been paying Judge Kavanaugh would have been For the good of the court, it’s not healthy to get a new justice that can only do a part- attention to President Trump’s attacks well served to listen to his own advice. on our institutions and his repeated at- I was shocked by his tirade against time job. I agree with that. When the next big tempts to undermine the Mueller in- my colleagues and my party. I was dis- vestigation should be alarmed by that turbed by its vindictiveness, his ani- gerrymandering case comes before the Supreme Court, we already know how statement alone. It makes me think mosity. I want to quote from his testi- President Trump’s choice for this Judge Kavanaugh feels about Demo- mony to remind you of exactly what he nominee was because he wanted to be crats because we heard directly from said at his hearings. Every time I see protected from the Mueller investiga- him at the hearing, so we can’t expect these words, I am in disbelief that a tion. sitting Federal judge—a nominee for him to rule fairly in that case. I am also deeply concerned about What if a forced arbitration case re- the Supreme Court—said them to the Judge Kavanaugh’s record on money in lated to sexual harassment comes be- Judiciary Committee in prepared testi- politics. mony under oath. fore the Court? We all heard Judge It should come as no surprise that He said: Kavanaugh say under oath that cred- Judge Kavanaugh is on the side of big This whole two-week effort has been a cal- ible allegations of sexual assault are money interests that pollute our polit- culated and orchestrated political hit, fueled nothing but a leftwing conspiracy, so ical system. Kavanaugh was hand- with apparent pent-up anger about President we can’t expect him to rule fairly on picked by White House Counsel Don Trump and the 2016 election. that one either. Fear that has been unfairly stoked about McGahn, a former FEC Commissioner There are real consequences to the who was notorious for his hostility to- my judicial record. bias and partisanship and anger Judge Revenge on behalf of the Clintons. And ward campaign finance laws. Indeed, millions of dollars in money from outside Kavanaugh showed at his hearing. I am Judge Kavanaugh fulfills President left-wing opposition groups. incredibly disappointed by this, and I Trump’s promise to nominate individ- Supreme Court Justices are supposed hope my colleagues think about this uals in the mold of Justice Scalia, a to be thinking about the law and only one last time before they cast their steadfast opponent of campaign finance the law, not elections, not political votes today. regulations. parties, but now we know exactly what I would like to talk a little bit about Like McGahn and Justice Scalia, Judge Kavanaugh is thinking about. He his record as a judge. Whose side does Kavanaugh has made his opposition to is thinking about politics. He is think- he take? Whom does he believe? campaign finance laws clear during his ing about leftwing conspiracies. He is In one case, in a dissent, Judge time on the DC Circuit. thinking about the 2016 election and Kavanaugh said employers should not In 2011, Kavanaugh authored an opin- Trump and the Clintons. have to give their workers insurance ion that would allow foreign nationals Those aren’t my words; those are his that covers birth control if they don’t to spend unlimited funds on issue ads words, his testimony. He said them di- want to. In other words, he thinks a in U.S. elections. Let me say that rectly to the committee under oath boss’s religion is more important than again. Kavanaugh authored an opinion while the entire Nation was watching. a worker’s religion. Does that sound that would allow foreign nationals to He showed us his true colors. He fair to you, Madam President? spend unlimited funds on issue ads in showed us what he does when he is In another case, he had to decide U.S. elections. That is the Bluman v. under pressure. He showed us how he whether a pregnant teenage immigrant FEC decision. really feels about our politics and our girl should be allowed to have an abor- Kavanaugh presided over a lawsuit political parties, even though he said tion. He made her wait for 9 weeks be- brought by foreign persons living in he always stays far away from politics fore he said no, and then he was over- the United States who wanted to make because judges aren’t supposed to go ruled by his judicial colleagues. He said campaign contributions to candidates there. he didn’t think what he did to the girl in U.S. Federal elections. Although He showed us what he really thinks, was an undue burden. Does that sound Kavanaugh upheld provisions of Fed- deep down, when his back is against a fair to you? eral election law banning foreign per- wall. Think about that. A sitting Fed- Let’s not forget that President sons from contributing directly to a eral judge, a nominee to the Supreme Trump said he wanted the new Su- candidate or party, Kavanaugh found Court, shouting—shouted about Demo- preme Court Justice to overturn Roe v. that federal election law ‘‘does not re- crats trying to take him down. Wade, that he wanted to nominate strain foreign nationals from speaking It makes me wonder, even if you love someone who would automatically vote out about issues or spending money to every judicial decision this judge has to overturn it. He chose Brett advocate their views about issues.’’ ever written, how can any of my col- Kavanaugh to get the job done. Under his reading of Federal election leagues argue, after hearing that ti- If this Chamber confirms Judge law in Bluman, Kavanaugh would only rade, that this judge is unbiased? It Kavanaugh, I have no doubt that the take issue with a small fraction of the makes me wonder how any of my col- Supreme Court will take away women’s election meddling perpetrated by the leagues can ignore that fact. It makes reproductive rights. I have no doubt Russian operatives indicted by Special me wonder, to my colleagues who are that the Supreme Court will tell Counsel Mueller. so desperate to confirm Brett women they aren’t allowed to make At his confirmation hearing, Judge Kavanaugh at all costs, what decisions their own decisions with their own doc- Kavanaugh was given the opportunity by this judge are you so eager to see? tors about their own health. to directly address the possibility that What do you already know about how I want to speak about another part of his decision in Bluman opened the door the supposedly fairminded judge is his record. Judge Kavanaugh wrote in for ‘‘Vladimir Putin . . . to buy issue going to rule that you would risk the an opinion that if the President doesn’t ads in American elections.’’ Judge Court’s reputation by putting such a like a law, then the President could ig- Kavanaugh’s response to Senator blatant partisan on the bench? nore the law and ignore the courts. WHITEHOUSE was misleading, indicating A retired Supreme Court Justice, This is what he said. As you listen to that the Supreme Court affirmed the John Paul Stevens, who was appointed this, let me know if you think this is case unanimously, which, while true as by a Republican, even came so far as to judicially sound judgment. He wrote: to foreign contributions to candidates, change his mind and oppose Judge ‘‘Under the Constitution, the president was not true on the point of issue ads. Kavanaugh. Why? Because Judge may decline to enforce a statute that Indeed, Judge Kavanaugh’s response Kavanaugh is now clearly biased. He regulates private individuals when the to a question for the record from Sen- said: president deems the statute unconsti- ator COONS also revealed his misleading He has demonstrated a potential bias in- tutional, even if a court has held or response to Senator WHITEHOUSE’s volving potential litigants before the court would hold the statute constitutional.’’ question. He wrote: ‘‘The challengers that he would not be able to perform its full Anyone with the most basic under- in Bluman did not seek to make con- responsibilities. standing of how our constitutional sys- tributions to organizations that make

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.024 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6659 expenditures on issue ads. The opinion spending in politics from foreign na- Millions of Americans—millions of made clear that the court’s ‘holding tionals on issue ads and from moneyed women—are watching us today. They does not address’ whether ‘Congress interests. I do not believe that money are waiting to see whether, when a might bar’ foreign nationals living is speech, and I do not believe that cor- woman comes forward and says she is a temporarily in the United States ‘from porations should have the same free survivor of sexual assault, this Cham- issue advocacy and speaking out on speech rights as individuals, but Judge ber—do the individuals here take her issues of public policy.’ ’’ The Supreme Kavanaugh does, and I find that to be seriously? Do we listen to her, or do we Court unanimously affirmed the deci- deeply troubling. disregard her and disbelieve her and pa- sion. Judge Kavanaugh also has a very dis- tronize her? Judge Kavanaugh seeks to have it turbing record when it comes to rolling The last 2 weeks have been so incred- both ways. He brags about his opinion back the civil rights of millions of ibly painful for women who have expe- being unanimously upheld by the Americans. rienced sexual trauma, for survivors all Court, but when he is confronted with In his time as a judge, Brett across this country. When they are the real-world consequences of his deci- Kavanaugh has consistently sided watching some of the most powerful sion, he hides behind the pleadings. against Americans who are trying to people in this country disregard Dr. According to Special Counsel exercise their civil rights. From voting Blasey Ford—they distrust her, they Mueller’s indictment, the issue ads run rights, to employment discrimination, disbelieve her, and they devalue her—it by Russian operatives seeking to med- to the rights of those with disabilities, is painful for all of them. It is painful dle in the 2016 election include the mes- Kavanaugh has taken positions that because they are tired of seeing the sages ‘‘JOIN our perpetuate inequality. Judge same old outcome every single time. #HillaryClintonForPrison2016’’—I don’t Kavanaugh’s record leaves little They are tired of the same old scenario even want to read the others; they are doubt—if confirmed to the Supreme where the men are believed and the so horrible. ‘‘Donald wants to defeat Court, he will continue to roll back the women are not. They can’t believe terrorism . . . Hillary wants to sponsor hard-won rights of millions of Ameri- their eyes when they see two women it.’’ Yet Judge Kavanaugh’s Bluman cans. being treated with so little respect and decision would permit foreign actors to As a partner at Kirkland & Ellis, with less of a process than even Anita run advertisements like the ones above Kavanaugh was involved in Rice v. Hill received. without consequence. In fact, legal Cayetano, which challenged Hawaii’s One of the worst parts of this process briefs filed by lawyers for the Russian right to limit participation in an elec- has been that we have been through it operatives indicted by Special Counsel tion for the State’s Office of Hawaiian before. Almost three decades ago, Mueller cite Kavanaugh’s Bluman opin- Affairs to Native Hawaiians. In a brief Anita Hill sat right where Dr. Blasey ion for the proposition that ‘‘[f]oreign he cowrote with Robert Bork and Ford sat. She went through the same nationals are not barred from issue ad- Roger Clegg—the latter of whom heads kind of cross-examination. She was dis- vocacy . . . such as what is described in the anti-affirmative-action Center for believed. She was patronized. She was the indictment.’’ Equal Opportunity—Kavanaugh argued disrespected. We said we would never Judge Kavanaugh opposes limita- that restricting participation to Native put another woman through that. We tions on big money in politics. During Hawaiians was unconstitutional. Ac- said we had learned lessons from that his confirmation hearing, Judge cording to Kavanaugh, it did not mat- fiasco. We said it would never happen Kavanaugh was confronted by Senator ter that Hawaii’s ‘‘voting qualification again, but it did. And I really believe KLOBUCHAR with an email he wrote in in elections for the Office of Hawaiian that the process over the last few March 2002 wherein he suggested that Affairs [was] designed to remedy past weeks was shameful. We should have contribution limits could be unconsti- discrimination in voting against ‘Ha- learned from our mistakes, and we tutional: ‘‘And I have heard very few waiians’ in Hawaii.’’ Discussing that should be doing much better. people say that the limits on contribu- decision in a 1999 interview, Kavanaugh But I can tell you, America’s women tions to candidates are unconstitu- said that the ‘‘case is one more step are watching. They are watching what tional, although I for one tend to think along the way in what I see as an inevi- our leaders decide to do. They are those limits have some constitutional table conclusion within the next 10 or watching who is listening and who is problems.’’ When Senator KLOBUCHAR 20 years when the court will say we are not. And they have made a decision pressed Judge Kavanaugh on whether all one race in the eyes of govern- that I could have never imagined or he believed that ‘‘contribution limits ment.’’ predicted. So many women in this have constitutional problems,’’ Judge Kavanaugh’s adoption of Justice country—and men—have made the de- Kavanaugh evaded the question and Scalia’s approach from Adarand Con- cision since President Trump was issued a nonresponsive answer. structors v. Pena that ‘‘in the eyes of elected that they are going to be heard. In a 2016 American Enterprise Insti- government, we are [all] just one race’’ They are going to march. They are tute speech, Kavanaugh said that polit- indicates a belief that the government showing up at townhalls. They are ical spending ‘‘absolutely’’ deserves should be ‘‘color blind.’’ Under this showing up outside of Federal offices. First Amendment protection because theory, affirmative action and minor- They are coming to Washington. They ‘‘to make your voice heard [in politics] ity contracting requirements would be are knocking on Senate doors. They . . . you need to raise money to be able constitutionally prohibited. are speaking out. They are protesting. to communicate to others in any kind Those are just some of the issues They are carrying signs. They are of effective way.’’ that I care about and that New Yorkers speaking their truth, and they are In 2009, in EMILY’s List v. FEC, care about. I am very troubled about speaking truth to power in a way they Kavanaugh heard a challenge to mul- this nominee for so many reasons—for perhaps never imagined they would do. tiple FEC regulations restricting the his record, for his beliefs, for his judi- They are running for office. Over 200 use of ‘‘hard-money’’ by nonprofit or- cial temperament, for how he treated women are running for Congress alone ganizations in Federal elections. These women Senators during that hearing. as nominees of their party this year— particular regulations were passed in When we vote on this nomination more than ever in the history of Amer- striking down these regulations. later today, when we decide whether ica. They are working hard to right the Kavanaugh held that nonprofit organi- Judge Kavanaugh deserves to have the wrongs that they see happening in this zations are ‘‘constitutionally entitled privilege to serve on the Supreme country. to raise and spend unlimited money in Court, there is just one fundamental They know that what makes this support of candidates for elected of- question that I believe should be on all country great—what has always made fice’’ because it is ‘‘implausible that of our minds when we make this deci- this country great—is that we have contributions to independent expendi- sion: Do we as a country value women? cared about one another, that we are a ture political committees are cor- Does the Supreme Court value women? country that believes in the golden rupting.’’ Does the Senate value women? Does rule, and that we are a country that be- These are really concerning state- the President? Most of all, does Brett lieves you should care about the least ments about unlimited money and Kavanaugh value women? among us.

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.026 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6660 CONGRESSIONAL RECORD — SENATE October 5, 2018 Every generation has tried to make tained 25 potential nominees who were cedure at all. Yet, in his dissent, Judge this country a more perfect union. selected because they could be trusted Kavanaugh concluded that this govern- Whether it is fighting to end slavery to fulfill President Trump’s repeated ment-caused delay did not constitute through abolition; whether it is fight- campaign pledge to appoint Justices an undue burden on this woman’s con- ing for basic voting rights for all Amer- who would ‘‘automatically’’ overturn stitutional right to make her own deci- icans through the suffragist movement; Roe v. Wade and dismantle the Afford- sions about her reproductive whether it is the civil rights movement able Care Act. healthcare. saying that equality is necessary in While we can assume that nominees When Senator DURBIN questioned him this country and people must be pro- drawn from that short list have con- about this case before the Senate Judi- tected by the law; whether it is the vinced the Federalist Society and the ciary Committee, Judge Kavanaugh re- LGBT equality movement to ensure Heritage Foundation that they passed peated his familiar refrain that he was that we can marry the people we love; these two litmus tests, Judge just following precedent, but the ma- whether it is people’s desire today to Kavanaugh has a judicial record to jority of his fellow judges on the DC ensure healthcare as a right and not a prove it. Therefore, from the time his Circuit Court of Appeals read the Su- privilege, this is what our country is name first appeared on President preme Court’s precedent on this issue about. Trump’s short list, we knew what kind very differently, as do I. I deeply feel that the process over of Justice he would be—one that is out these last few months has turned our of step with the American people, the In Planned Parenthood v. Casey, the backs on that basic desire to bring our legal academy, and the clear dictates Supreme Court firmly established that country to a more perfect union, to a of our Constitution, which promise lib- our constitutional right to privacy pro- place where we value one another. erty and equality for all and not just tects women from ‘‘unduly burdensome Do we value women? Unfortunately, for the privileged few. This is not what interference with her freedom to decide for too many in this Chamber, the an- our country needs, especially now. whether to terminate her pregnancy.’’ swer is no. A review of Judge Kavanaugh’s This has come to be known as the I hope the American people are lis- record shows it includes restricting undue burden standard. It means the tening. I hope they are watching. I women’s freedoms, supporting efforts government is prohibited from making hope they will fight for what they be- to suppress the votes of minorities and laws, rules, or policies that have the lieve in, their values, and what this low-income people, reliably siding with ‘‘purpose or effect of placing a substan- country stands for. polluters at the expense of the public’s tial obstacle in the path of a woman I yield the floor. health and allowing unlimited dark seeking an abortion.’’ The PRESIDING OFFICER (Mr. money to influence our elections. I find Yet Judge Kavanaugh saw no prob- ROUNDS). The Senator from Minnesota. this record deeply concerning. It is evi- lem with forcing this young woman to Ms. SMITH. Mr. President, I thank dence that if confirmed, Judge wait 9 weeks to obtain the medical care the Senator from New York for her ter- Kavanaugh would take this country she needed—the medical care a Texas rific words this morning. I am so grate- backward, reversing course on decades judge agreed she was competent to re- ful to be here with her today. of hard-won progress. quest and entitled to obtain. Instead, I rise today to express my opposition So my assessment of his judicial in arguing that this delay was justi- to the nomination of Judge Brett record is enough for me to conclude fied, Judge Kavanaugh implied that Kavanaugh to the Supreme Court of that Judge Kavanaugh is not the type this young woman was incapable of the United States. From the time his of jurist Minnesotans need on the Su- making her own medical decisions be- nomination was announced, it has been preme Court. In this time of unprece- cause she did not have her ‘‘family and clear to me what type of Supreme dented political polarization, our coun- friends to rely on’’ in her decision- Court Justice Judge Kavanaugh would try needs confidence in knowing that making process. be, and I firmly believe he is not the the Supreme Court can fulfill the con- I trust women to make these deci- Justice our country needs. Appointing stitutional promise that we are all sions for themselves and their families, Judge Kavanaugh to the Supreme equal before the law. and I am here to tell you that women Court would be bad for Minnesotans That is why I had hoped President do not need the government looking and bad for our country. Trump would nominate a consensus over their shoulders in the examina- First this morning, I would like to Justice—someone dedicated to pro- tion room and telling them what they speak about the aspects of Judge tecting the rights of all Americans. Yet can and cannot do. As the only Senator Kavanaugh’s record and scholarship it is clear Judge Kavanaugh will not be who has ever worked at Planned Par- that I find most troubling—his deci- that Justice. So I would like to talk in enthood, I know that when women do sions on women’s freedoms, the envi- more depth about three of the reasons not have the freedom to make their ronment, voting rights, and his views it is clear to me that based on his judi- own choices about their reproductive on Executive power. Next, I would like cial record, Judge Kavanaugh is more healthcare, they lose the freedom to di- to discuss why Judge Kavanaugh’s dedicated to advancing a far-right par- rect their own lives—their personal temperament and credibility dem- tisan policy agenda than in defending lives, their families, their economic se- onstrate that he does not merit the the equal rights of all Americans. curity. trust and confidence necessary for the First, a judge who would let the gov- Senate to appoint him to a lifelong ap- ernment restrict women’s access to re- I believe we deserve a Supreme Court pointment to our Nation’s highest productive healthcare is not someone Justice who is dedicated to protecting Court. who is dedicated to protecting the pri- a woman’s right to make her own pri- I have been opposed to Judge vacy, dignity, and freedom of all vate decisions about her reproductive Kavanaugh’s nomination since the be- women. healthcare. Yet, based on his dissent in ginning because his record shows that Last year, Judge Kavanaugh wrote a the Garza case and the President’s re- he is far outside the mainstream of dissent in a case called Garza v. peated promises to nominate only anti- legal thought on issues that matter to Hargan, in which he sided with the choice Justices, it is clear that if con- Minnesotans, such as women’s free- Trump administration in its attempt firmed, Judge Kavanaugh would con- doms, healthcare, voting rights, and to prevent a young immigrant woman tinue to chip away at this fundamental the environment. from accessing an abortion. Even freedom. If you remember, we knew quite a lot though this young woman had com- The second reason it is clear Judge about Judge Kavanaugh before he was plied with every State legal require- Kavanaugh is not dedicated to pro- even formally named as President ment, Judge Kavanaugh argued that tecting all Americans equally is, he has Trump’s Supreme Court nominee. This the Federal Government could, none- repeatedly ruled against restrictions is because Judge Kavanaugh’s name theless, prevent her from obtaining an on pollutants that threaten our health. was chosen from a short list prepared abortion until she could be placed with He has not been dedicated to pro- by the far-right Federalist Society and a sponsor. That process took weeks and tecting the air we breathe, the water Heritage Foundation. This list con- jeopardized her ability to obtain a pro- we drink, and the land we share.

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.027 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6661 In a 2012 case, Judge Kavanaugh au- make it harder rather than easier for that Presidents can only be inves- thored an opinion that found the Envi- people to vote. These groups have tigated by Congress, which raises ques- ronmental Protection Agency had ex- helped Republican-controlled State tions about his views of the constitu- ceeded its authority when the Agency legislatures pass laws that are designed tionality of the ongoing Mueller inves- told upwind States to, literally, stop to create obstacles at every step of the tigation. Perhaps what is the most blowing smoke onto their downwind voting process, making it more dif- troubling is, he has claimed Presidents neighbors. Then, in 2014, Judge ficult to register to vote, to cast your don’t have to enforce laws they believe Kavanaugh objected to using the Clean ballot, and to have your vote counted are unconstitutional. Air Act to establish programs to re- equally. Kavanaugh’s expansive views of the duce mercury—a potent toxin that As a judge on the DC Circuit Court of limits of Executive power suggest he harms developing brains—and green- Appeals, Judge Kavanaugh has a record would abdicate the solemn responsi- house gases. of supporting these laws, including bility of the Court to both hold the ex- Judge Kavanaugh’s narrow view of laws that perpetuate voting discrimi- ecutive branch accountable to its con- the Clean Air Act could be extremely nation, particularly against commu- stitutional duties and to prevent it harmful to our efforts in addressing cli- nities of color. In 2012, he wrote an from engaging in constitutional ex- mate change by regulating greenhouse opinion for a three-judge panel that cesses. gases. Although the Act does not men- upheld South Carolina’s stringent The need for the other branches of tion greenhouse gases by name, the Su- voter ID law even though the Depart- government to be a strong check preme Court has held that the EPA ment of Justice had determined the against an errant executive has, argu- does have the power to regulate them. law would violate the Voting Rights ably, never been greater. Yet during In fact, the Court held that the act re- Act of 1965. quires the EPA to address any air pol- I am proud to represent the State his confirmation process, Judge lutants that are found to endanger with the highest voter turnout in the Kavanaugh refused to answer even the human health. I agree with the Su- Nation. Minnesotans understand that most basic questions about his views preme Court as do most Americans. An when the right to vote is restricted, it on Executive power and accountability. April 2018 poll found that 75 percent of undermines the very foundation of our He also refused to answer Senators’ Americans support even stricter limits democracy. Our voting laws reflect our questions about topics like whether he on smog. beliefs about who should have a voice believes a President can be required to Judge Kavanaugh claims to believe in this country, and I am profoundly respond to a subpoena or whether a what virtually every scientist tells us; concerned that his record shows that President can pardon himself or pardon that manmade climate change is real, Judge Kavanaugh will allow States to others in exchange for their silence. and it is an enormous threat to our pass laws that will make it harder for It is easy to see why President planet and our health. Yet he still communities of color and low-income Trump would want a Supreme Court seems to have a problem with allowing people to make their voices heard. nominee who believes a President is the government to take action to pro- Minnesotans and all Americans de- above the law. It is not easy to see how tect us from new pollutants which serve a Supreme Court Justice who is this body can consider confirming him threaten our health. committed to making our democracy without learning more about whether At a time when President Trump is more representative so we remain a he is prepared to help the Court fulfill attempting to backpedal on every com- government for the people and not just its duty as an independent, coequal mitment our country has made toward some of the people, and it is clear branch of government. fighting global warming, it is more im- Judge Kavanaugh would not be that perative than ever that we have a Su- For all of these reasons, I believe Justice. preme Court Justice who believes in Judge Kavanaugh’s jurisprudence and Judge Kavanaugh’s record as a judge our collective right to protect and pre- scholarship provide a more than suffi- on the DC Circuit Court of Appeals and serve our planet. cient basis for opposing his nomina- President Trump is pulling out of the the process that led to his nomination tion. Paris climate agreement. He is pulling were enough to convince me that he Now I turn to the Senate Judiciary back the Clean Power Plan. He is look- should not be elevated to the Supreme Committee hearings last Thursday. ing for ways to force utilities to keep Court. His decisions and opinions dem- onstrate that he should not be en- I was grateful for Dr. Blasey Ford’s expensive coal plants online, a move powerful testimony before the Senate that would cost Americans billions of trusted with protecting the hard-won rights and freedoms of all Americans. Judiciary Committee and to the Amer- dollars in increased electricity bills. ican public. Since her testimony, my All of these moves will hurt the envi- It is troubling enough that Judge Kavanaugh could be the deciding vote office has received dozens of letters ronment and harm the health of the from survivors of sexual assault, some American people, and in each case, on cases that affect every aspect of life in America—cases that determine of whom are telling their stories for Judge Kavanaugh’s record shows he is the first time. In reading these letters, likely to act as an enabler. whom you can marry, whether you can access healthcare, or your rights in the I have been heartbroken by their trau- The third area in which Judge ma and pain, which we know is suffered Kavanaugh has demonstrated that he workplace. I am also extremely con- cerned about Judge Kavanaugh’s com- by too many in this country. Many of is likely to serve the interests of a far- these survivors were victimized by peo- right partisan agenda rather than the mitment to fulfilling the other sacred responsibility of our Supreme Court— ple they knew and trusted. Some were interests of our democracy is with re- too young to have words to even de- gard to voting rights. to be a check against legislative and scribe their assaults. Some tried to A judge who upholds a State law that executive overreach as a coequal come forward and report their abuses makes it harder for minorities and low- branch of our government. income people to vote is not someone The very design of our system of con- but gave up when they faced doubt and who is going to be dedicated to pro- stitutional checks and balances dem- shame and suspicion from those who tecting our most fundamental demo- onstrates that no one, not even our should have helped but didn’t. All of cratic right—the right to vote. If Judge elected leaders, is above the law. This them deserve to have their stories Kavanaugh is confirmed to the Su- is a fundamental American principle, taken seriously and to be fully inves- preme Court, there is no doubt he will but Judge Kavanaugh has a dan- tigated. help his friends in far-right special in- gerously expansive view of Executive So I want to acknowledge that this is terest groups—the same groups that power that is well outside the main- an important, historic moment—one recommended his nomination in the stream of current legal thought. that shows us the cultural forces that first place—to continue their coordi- He has repeatedly argued that Presi- seek to shame and silence survivors of nated campaign to make it harder for dents, effectively, are above the law. sexual violence are shifting and that millions of Americans to vote. His writings and speeches suggest he survivors and those who love them and These groups know they can count on believes a sitting President cannot be those who stand with them are watch- Judge Kavanaugh to uphold laws that indicted or prosecuted. He has argued ing this process very carefully.

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.029 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6662 CONGRESSIONAL RECORD — SENATE October 5, 2018 In stark contrast to the clarity and day, how can the American people be- The senior assistant legislative clerk conviction of Dr. Blasey Ford’s testi- lieve the Court’s decisions are any- proceeded to call the roll. mony, to me, Judge Kavanaugh’s per- thing other than arbitrary and par- Mr. REED. Mr. President, I ask unan- formance raised deep questions about tisan, and the work of ideologues? imous consent that the order for the his temperament and credibility. Judge Judge Kavanaugh’s shocking behavior quorum call be rescinded. Kavanaugh showed us he has an injudi- last Thursday bears directly on the le- The PRESIDING OFFICER (Mr. cious temperament, a powerful sense of gitimacy of the Supreme Court—our PAUL). Without objection, it is so or- entitlement, and a partisan perspective third coequal branch of government. dered. that was right out there for everyone Over the next few years, the Supreme Mr. REED. Mr. President, I rise to to see. He showed us who he is—and I Court will be called upon to decide im- express my strong opposition to the believe him—and I firmly believe these portant legal questions that will affect nomination of Judge Brett Kavanaugh characteristics disqualify him from the lives of all Americans. Given Judge to replace Justice Anthony Kennedy as elevation to the Supreme Court. Kavanaugh’s performance last Thurs- an Associate Justice on the U.S. Su- Judge Kavanaugh showed us he day, the American people will have to preme Court. thinks his professional qualifications wonder: Does Justice Kavanaugh see I opposed Judge Kavanaugh’s nomi- exempt him from personal scrutiny, the Supreme Court as the ultimate nation to his current seat on the DC but an appointment to the Supreme venue for providing justice or as a tool Circuit because I had serious concerns Court requires more than a pristine for advancing and securing a partisan about his partisan history, expansive legal resume; it requires a strength of agenda? view of Presidential power, and his character, which we now know from his Not only did Judge Kavanaugh’s per- lack of candor about his work in the own testimony that Judge Kavanaugh formance last Thursday give us reason Bush White House during his testi- does not possess. to doubt whether he has the necessary mony before the Senate Judiciary His impulse, when challenged, is to judicial temperament to serve on the Committee. Judge Kavanaugh’s work lash out with conspiratorial, partisan Supreme Court, but his sworn testi- on the DC Circuit demonstrated that I invective—unbecoming of any nominee mony also raised deep questions about was right to be concerned about his to the Federal Bench. His behavior, his credibility. view that the President is above the which, incidentally, he would never Judge Kavanaugh showed us that he law. I intend to discuss his jurispru- allow from a litigant in his own court- is willing to be misleading and evasive dence in a moment, but first it is nec- room, was angry, disrespectful, even when it serves his interests and when essary to list just how many ways in ranting. he thinks he will be protected from the which this process has revealed that I was particularly struck by the dis- consequences of those lies. Judge Kavanaugh lacks the tempera- respect he showed to my good col- When questioned by my colleagues ment to serve as a Justice of the Su- league and friend, the senior Senator Senator KLOBUCHAR and Senator preme Court. from Minnesota, AMY KLOBUCHAR. WHITEHOUSE, Judge Kavanaugh pro- He began this process by continuing When she asked Judge Kavanaugh vided answers that were obviously dis- to stonewall, and perhaps even mislead, about his history with alcohol, he be- ingenuous, if he answered at all. I am Senators about his career as a political came defensive; refused to answer her concerned that the way he character- operative and partisan lawyer in the question; and actually turned the ques- ized his behavior during his high school Bush Administration. He dissembled tion back at her. To my mind, this years was less than fully truthful. His when asked basic questions about his showed a lack of respect not just for apparent lack of candor with the Sen- approach to the law—a tactic we have Senator KLOBUCHAR but for the whole ate Judiciary Committee should be come to expect from nominees who Senate and our constitutional duty to deeply concerning to all of us in the have been selected and vetted by far- provide advice and consent to the Senate and to the American public. right interest groups. Yet when Dr. President’s nominees. Unfortunately, I am not permitted to Christine Blasey Ford, Deborah Rami- I think all of my colleagues should be speak publicly about the details of the rez, and others came forward with seri- deeply disturbed by the nominee’s FBI’s supplemental background inves- ous and credible allegations of sexual angry and disrespectful behavior. I tigation of Judge Kavanaugh, but after assault against him, this body saw the urge all of my colleagues to ask them- reviewing these materials, I have even real Judge Kavanaugh. He emerged at selves whether they believe Judge deeper concerns about Judge his second hearing combative, bla- Kavanaugh possesses the steady, sen- Kavanaugh’s lack of candor. Frankly, tantly partisan, disrespectful, evasive, sible temperament we should expect the materials raise more questions and in no way reassuring that he has from all of our Federal judges but, than they answer. That is part of why told the truth to this body and the most especially, from those on the I believe the supplemental investiga- American people. I will discuss these in highest Court in the land. I believe tion was woefully inadequate. turn, but the bottom line is this: Judge Judge Kavanaugh showed us to be in- Some of my colleagues have been Kavanaugh is unqualified for a seat on capable of being an impartial and non- saying that this is not a criminal trial the Supreme Court because he lacks partisan judge when he said he holds but a job interview. I agree that Judge the basic qualities and judgment for a Democrats responsible for an ‘‘orches- Kavanaugh is not on trial here, but position that could affect Americans’ trated political hit.’’ this isn’t any regular job interview ei- everyday lives for generations to come. The Framers designed the Supreme ther. The American people are watching Court to be above the partisan fray. In The confirmation process allows for this debate with serious, real-world his testimony on Thursday, Judge the Senate to determine whether Judge concerns about what a Justice Kavanaugh abandoned any pretense Kavanaugh deserves the public’s faith Kavanaugh would mean for them. They that he could live up to his own de- as he asks to be entrusted with safe- are worried that they could wake up scription of a good judge, one that is guarding our constitutional and human someday soon to news that a conserv- ‘‘an umpire—a neutral and impartial rights. He is asking for a lifetime ap- ative 5-to-4 majority on the Court has arbiter who favors no litigant or pol- pointment that will allow him to affect stripped them of their health insur- icy.’’ the lives and freedoms of a whole gen- ance, abolished their right to privacy In his initial testimony before the eration of Americans. I believe Judge and control over their reproductive Judiciary Committee, Kavanaugh Kavanaugh’s record and his character health, or revoked their right to marry warned: preclude him from being worthy of that whomever they choose. They see in- The Supreme Court must never, never be public faith. equality of historic proportions—with viewed as a partisan institution. The justices I urge my colleagues to join me in the top 1 percent now earning more on the Supreme Court do not sit on opposite opposing Judge Kavanaugh’s nomina- than the bottom 50 percent combined, sides of an aisle. tion to the Supreme Court. according to the World Inequality Re- If this body elevates Judge I suggest the absence of a quorum. port—and a Supreme Court that con- Kavanaugh to the Supreme Court after The PRESIDING OFFICER. The tinues to overturn laws that were en- his nakedly partisan diatribe on Thurs- clerk will call the roll. acted to prevent corporations and

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.031 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6663 wealthy individuals from using their tional Archives like they are for every Kavanaugh’s record have become over- money to rig the political system. other man and woman who currently whelming since Dr. Ford, Deborah Ra- It is abundantly clear, given Judge sits on the Supreme Court? Just what mirez, and others came forward. These Kavanaugh’s selection by special inter- is it about Judge Kavanaugh that has women have put aside their privacy, est groups and the mad rush to confirm rendered stalwart defenders of the Sen- professional lives, and the safety and him at all costs, that powerful inter- ate’s power to review nominees, includ- security of their families in order to ests are counting on him to further ing those on the Judiciary Committee, bring to light their allegations against these trends, which point to a future in to have such a profound about-face? Judge Kavanaugh. Regardless of how which political power will be directly No one is entitled to a lifetime ap- one feels about the truth of their tied to wealth and status. Worse yet, pointment to the Supreme Court. Yet claims, they have been met with treat- given that we still don’t know the the majority has treated this job like ment that should be beneath us as a whole truth about the allegations the personal property of Judge nation. They have been mocked and at- against Judge Kavanaugh, continuing Kavanaugh ever since the President an- tacked in disgraceful and sexist terms this rush to place him on the Court nounced his nomination. by public figures who should know bet- sends a terrible message to survivors of My Republican colleagues have said a ter, including the President himself. sexual assault that accountability for great deal about the importance of pre- They have been called liars, had their these crimes depends on the extent to serving a fair process for the consider- motives questioned, and had their pri- which the accused person serves the in- ation of the Supreme Court nominees. vate lives picked apart on the national terests of the powerful. Some of these arguments are simply stage. The American people deserve better outrageous. In the recent past, Demo- The Judiciary Committee has now when it comes to this body’s obligation crats and the majority worked on a bi- had the opportunity to hear from Dr. to advise and consent on the next Su- partisan basis to obtain nearly all rel- Ford, and the FBI has conducted a lim- preme Court Justice, and the majority evant documents from then-Solicitor ited background check on some of the has failed in that obligation time and General Kagan’s work in the White allegations against Judge Kavanaugh, again in the course of this confirma- House before holding a vote on her but this process still doesn’t pass the tion process. nomination to the Supreme Court. simple common sense test. If there is When my Democratic colleagues and Today, we are set to vote on Judge no truth to these allegations, as the I expressed concerns about whether a Kavanaugh with roughly 90 percent of nominee and our Republican colleagues President under such serious criminal his record still kept secret. Yes, in the claim, why was it so difficult to agree investigations should appoint—prior to recent past, Democrats made the dif- to an FBI investigation in the first seeing the investigative process thor- ficult choice to end Republicans’ his- place? For that matter, what serious ough and completed to the end—a Su- torically unprecedented obstruction of investigation is forced to finish in less preme Court Justice who likely could hundreds of President Obama’s judicial than a week with limits on which leads nominees by eliminating the 60-vote be called to rule on critical matters in it can follow? What person, upon hear- threshold for judicial nominees, except a case against the President and his ing that a child or a relative of his or to the Supreme Court of the United campaign, the majority ignored us. her own had been harmed, would be States. Democrats recognized that the When we demanded that Judge satisfied with such a short and appar- Supreme Court is one of the most im- Kavanaugh’s hearing follow the stand- ently outcome-driven process? What is portant institutions in this country, ard practice for Supreme Court nomi- the majority hiding? nees—providing Senators and the pub- that it operates as the effective check I will not parse the details of every lic alike with access to the nominee’s on both the legislature and the execu- allegation against Judge Kavanaugh tive branches, that it is the ultimate full record of public service through here today, but I will say this to my interpreter of the Constitution of the appropriate document disclosures from Republican colleagues: Look around United States, and that in order to the National Archives—the majority you. Our Nation is undergoing a his- have members on that Court who are fast-tracked Judge Kavanaugh’s hear- toric and long-overdue reckoning with consistent with the Constitution and ing before the National Archives could abuse of power, sexual harassment, and thoroughly accountable to the Amer- process the records from his work in sexual assault. It is regrettable that ican people, not special interests, a the Bush White House. In place of the the Supreme Court confirmation proc- simple majority to get to the Court is appropriate process, the majority en- ess has once again become a forum for inadequate. This process demonstrates listed a private Republican lawyer to the larger debate about these matters, that. curate a small subset of records for Last year, they broke historical but there is no convenient way to reck- Senators to review, and even that sub- precedent and basic decency by deny- on with longstanding and painful injus- set was subject to an assertion of ing Chief Judge Merrick Garland so tice. This is the issue before us, and we ‘‘committee confidentiality,’’ meaning much as a meeting or a hearing on his must face it. History will not look Senators were barred from sharing Supreme Court nomination. Again, for kindly, if it looks at all, on those who anything with the public that they over a year, the Republican majority take the easy way out, using distrac- may have learned about Judge refused to consider the nomination of tion, false equivalence, and personal Kavanaugh. Thousands more records Judge Garland to the Supreme Court, attacks to preserve a partisan win at were withheld under a dubious asser- and now they insist we have to move all costs. tion of executive privilege. Even given expeditiously to fill this gap, that it is Given the growing number of doubts the small number of Republican-se- so critical that we can’t wait 2 weeks, that this process has raised about lected records that had been made 3 weeks, or 4 weeks for a thorough in- Judge Kavanaugh’s honesty and trust- available to this body, my Democratic vestigation. We have to do it now. But worthiness, he cannot begin to meet colleagues on the Judiciary Committee we didn’t have to do it when President the test that I have applied to every uncovered troubling inconsistencies Obama submitted, pursuant to the Con- Supreme Court nominee, regardless of that called into question whether stitution, the nomination of Judge party, during my service in the Senate. Judge Kavanaugh had been truthful in Garland. I have voted against nominees in the his Senate testimony. Once Judge Gorsuch was presented to past because I did not believe that No other nominee for the Supreme us, the Republicans abandoned the 60- their jurisprudential records dem- Court would get away with this. Why is vote threshold, and at every turn, Re- onstrated that they would use their the majority giving this free pass to publicans have, in my view, escalated discretion to give meaning to the Judge Kavanaugh? Why does he deserve these so-called judicial wars, and this promises of the Constitution. But to shield his record when no other rush to confirm Judge Kavanaugh, de- never before have I had to stand here member of the Supreme Court received spite the allegations against him, and oppose a nominee to the Supreme such treatment? Why must his docu- brings us closer than ever to a crisis of Court for those very same reasons and ments—records of taxpayer-funded pub- confidence in the Court. because I do not believe that he is lic service—be controlled by a private The need for more time and more an- trustworthy. I regret that I must do so Republican attorney instead of the Na- swers with regard to Judge now.

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.033 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6664 CONGRESSIONAL RECORD — SENATE October 5, 2018 When it comes to Supreme Court and this confirmation process because crimes. It is perhaps more important Justices, character is a nonnegotiable they want a Justice Kavanaugh to de- now than ever in our history to ensure requirement. Supreme Court Justices liver long-desired legal victories for that a nominee to the Court can ap- are expected to have a record of high partisan causes. President Trump has proach questions of Presidential ac- personal and professional achievement. clearly expressed his expectations for countability with independence and an They are not supposed to be partisans his nominees to the Court and even open mind. Judge Kavanaugh cannot or politicians. They are given an awe- outsourced the vetting process to far- seriously claim to have either on this some power for life. They can certainly right special interest groups. The goal issue. have flaws, but their relationship to of this process is no mystery: a decisive As a veteran of the Starr investiga- the truth and their willingness to avoid majority on the Supreme Court that tion into the Clinton White House, the appearance of emotion are not up will eviscerate the underpinnings of Judge Kavanaugh understandably has for debate. To serve in judgment of 325 Roe v. Wade and undo the constitu- strong feelings on the issues of civil million of their fellow citizens, they tional right to privacy, as well as ex- and criminal prosecutions of sitting must be above the fray, particularly in pand the Second Amendment to block Presidents. In 1998, Kavanaugh au- these difficult and divided times. even commonsense gun safety laws. thored a law review article discussing a If Supreme Court decisions were sim- Critically, the President also wants to now-defunct independent counsel stat- ply a mechanical application of fore- bring even more functions of govern- ute in detail and recommending gone legal conclusions, then it ment solely under the control of the changes to the statutory scheme. He wouldn’t matter who sat on the Court. White House so that he can quickly argued there that Congress should pass Rather, a Justice’s power rests in the and easily dismantle protections for a law prohibiting the indictment of a discretion to choose among competing workers, the vulnerable, and the envi- sitting President until after the Presi- and well-reasoned arguments to decide ronment. dent’s term in office. But he made it how the promises of the Constitution This wish list is nothing new. It has clear at several points that he believes will apply for generations to come. long been the agenda of groups like the such a law would codify what to him is In order to support a Supreme Court NRA and the Federalist Society to already plain in the Constitution—that nominee, I must believe she or he will take control of the Supreme Court and a President is above our criminal law use that discretion to give meaning to accomplish from the Bench what they while he holds office. the American tradition of equal justice cannot win from the ballot box. In His views about Presidential ac- under law. This means strictly scruti- President Trump and this majority, countability did not evolve over time, nizing laws that obstruct and distort however, they have found their oppor- as seen in the various ways he contin- the effective operation of government tunity to radically change American ued to share his views over the years. and channels of political participation. law for the few and the powerful. In 1999, he told a reporter that he It means rejecting arbitrary abuse of I have no illusion about Judge doubted whether the Supreme Court power and demanding the most compel- Kavanaugh’s familiarity with, and en- got it right in United States v. Nixon, ling justification for laws that single thusiasm for, the partisan victories he the landmark case that held the Presi- out powerless, discrete, and insular mi- is expected to deliver for President dent could not always use Executive nority groups for disfavored treatment Trump and special interest groups as a privilege to escape a subpoena to turn under the law. When the Court has acted in accord- Justice. It is also difficult for me to over records in a criminal case. For ance with these principles, it has re- imagine that there would be such a those who lived through Watergate, it solved issues of national concern that rush to put Judge Kavanaugh on the was the Supreme Court’s decision that threaten to tear the fabric of our Na- Court if he were not a lifelong DC po- I think, more than anything else, pre- tion apart, and has done so in a manner litical operative and reliable partisan served the stability of the Union and that preserves the perception of impar- and an architect of the conservative the power of the Constitution over par- tiality that is vital to our judicial in- legal movement, which is designed to tisan politics. It led to President Nix- stitutions. The Court struck the final pack the Federal judiciary with out- on’s resignation. It also convincingly blow against legal segregation. It safe- come-driven ideologues like him. He showed that the Court could take a de- guarded constitutional voting rights, has already amassed a body of work cision seriously with respect to the guaranteed Americans the power to that shows how he can and will deliver Constitution without considering the choose how to start their families, sep- for the movement that has groomed political effects. arated church and State for the mutual him for this moment. Justice Kavanaugh believes they benefit of both institutions, and even Judge Kavanaugh has demonstrated were wrong, that President Nixon ordered sitting Presidents to comply a dangerously expansive view of Presi- should have been allowed to defy the with the law. dential power. The President is not a Court, defy the country, and maintain The snarling, conspiratorial partisan- King, and this is because the Constitu- secret the tapes of his discussions in ship that Judge Kavanaugh displayed tion establishes separation of powers the White House that ultimately led to at his second hearing was a far cry and a system of checks and balances to his resignation. from the historical principles that have ensure that no arm of government can In 2008, as a judge on the DC Circuit, preserved the Court as an institution. overpower the others. Kavanaugh published another article Without evidence, he blamed ‘‘the left’’ The Framers recognized the par- suggesting policies to improve the and ‘‘left-wing opposition groups’’ for ticular danger of a Supreme Court functioning of the Federal Govern- revelations about his past behavior, without judicial independence. In Fed- ment, which reiterated his support for calling it ‘‘a calculated and orches- eralist 78, Alexander Hamilton quoted a law to defer all civil and criminal trated political hit.’’ He characterized Montesquieu, saying that ‘‘there is no cases against the President while the Dr. Ford and others as liars and liberty, if the power of judging be not President holds office. claimed that their desire to come for- separated from the legislative and ex- To be clear, lawyers and legal aca- ward was simply ‘‘pent-up anger about ecutive powers.’’ He added that ‘‘lib- demics have debated these issues of President Trump and the 2016 elec- erty can have nothing to fear from the Presidential power and accountability tion.’’ judiciary alone, but would have every- from the founding of the Republic. This How many of the advocacy organiza- thing to fear from its union with either debate is particularly relevant in light tions that regularly try cases before of the other departments.’’ of how easily a governing majority of the Court fit his definition of ‘‘left- Based on his writings, I fear that a the President’s party can crush con- wing opposition groups’’? How is any- Justice Kavanaugh is predisposed to gressional efforts to investigate one supposed to believe that Justice provide the deciding vote on the Presi- wrongdoings by the President and his Kavanaugh would approach a politi- dent’s agenda before cases against him administration. Judge Kavanaugh has cally charged case with an open mind even reach the Supreme Court. For ex- every right to publish his thoughts for after this display? ample, the Supreme Court has never legal academia, but he cannot have it I fear that some are willing to over- had to decide whether a sitting Presi- both ways. He cannot spend 20 years ar- look the clear defects in this nominee dent can be prosecuted for Federal guing that the Constitution forecloses

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Put simply, Judge Kavanaugh’s broad view of an held to account for wrongdoing. If such Chevron prevents big businesses that employer’s religious right to opt out of a case were to rise to the Supreme are trying to escape regulation from regulations. Court, it would be gravely damaging to pouring millions into lawsuits to sec- The case of Priests for Live v. HHS the Court as an institution if the ond-guess and slow down every piece of concerned an attempt to broaden the American people were to believe that the rulemaking process that they don’t Supreme Court’s holding in the Hobby the President had already secured the like. Even Justice Scalia defended Lobby case. In Hobby Lobby, a 5-to-4 votes he needed to win because of his Chevron as a reasonable check on judi- majority of the Supreme Court held judicial appointments. cial activism. But like Judge Gorsuch, that a closely held, for-profit corpora- It is also clear that Judge Kavanaugh Judge Kavanaugh has made it clear in tion could refuse to comply with the comes to this nomination with his his academic writings that he would Affordable Care Act’s mandate that mind made up to deliver other impor- overturn Chevron as we know it and employers provide health coverage, in- tant victories for the President and systematically tip the scales in favor cluding contraceptives, on grounds powerful corporate interests at the ex- of well-funded challengers of regula- that doing so would conflict with the pense of Federal agency autonomy and tion. corporation’s purported religious independence. In my view, such a major change in rights under the Religious Freedom Judge Kavanaugh spoke 2 years ago the law would put our Nation on a path Restoration Act, or RFRA. on a panel before a conservative special back to the bad old days when compa- In Priests for Life, a religious non- interest group where he was asked if he nies could pollute the environment, profit corporation similarly objected to could think of a case that deserves to scam their customers, and discriminate providing contraceptives to its employ- be overturned. After some hesitation, against their employees as long as they ees on religious grounds but also ob- he answered that he would ‘‘put the could pay enough lawyers to get the jected to an accommodation provided final nail in the coffin’’ of Morrison v. right judge when the Federal agency under Affordable Care Act regulations Olson, which upheld the constitu- sues. This would bring us one step clos- specifically for religious nonprofits. tionality of an independent counsel er to the ‘‘deconstruction of the admin- Under the accommodation, the organi- who could be fired only ‘‘for cause’’ by istrative state’’ that the Trump admin- zation could file a form that lodged a the President. istration envisions and could severely faith-based objection to contraceptive This deserves consideration. When obstruct future administrations in coverage, thereby permitting its em- given the chance to name any case he their efforts to protect consumers, the ployees to access coverage through al- would overturn, Judge Kavanaugh did environment, and those who need a ternative means, and not through the not think to name any of the most helping hand against the very power- company directly. Priests for Life sued egregious cases from our early history ful. to invalidate even this alternative, as a nation, such as the now-over- I would like to take a minute to re- claiming that filing the faith-based ob- turned Korematsu decision, which turn to the concept of judicial discre- jection was a religious burden because upheld Japanese internment, or Buck tion. As I discussed, I have evaluated it caused its employees to receive con- v. Bell, which upheld compulsory steri- every nominee for the Supreme Court traceptive coverage. The DC Circuit de- lization of the intellectually disabled. during my time in this body based on cided against the organization because Instead, Judge Kavanaugh made it whether I believed the nominee would the organization was wrong, strictly as clear that he would strip Congress of have an open mind to be able to use his a matter of law, that the filing of the its constitutional authority to protect or her discretion to promote equal jus- form caused a change in the employees’ apolitical public officials, like Special tice under the law, and to safeguard access to coverage. Counsel Mueller, from arbitrary inter- the powerless against the powerful. Judge Kavanaugh dissented, arguing ference and firing by the President. Upon review of Justice Kavanaugh’s that it should not matter whether a Just this year, Judge Kavanaugh opinions, I do not believe he would. He nonprofit’s religious objections were showed that he was serious. In PHH has routinely sided with employers and strictly correct as a matter of law in Corporation v. Consumer Financial big business against workers, con- order for the objection to excuse it Protection Bureau, the full DC Circuit sumers, and those seeking to hold pow- from complying with the law. If the upheld the constitutionality of the erful interests to account. Supreme Court were to adopt this view, statute creating the CFPB and pro- Two of his notable opinions illustrate it would open the door to dangerous viding that its independent Director the contrast between his treatment of possibilities. In addition to nonprofits, could be removed by the President only interests he favors and those he does for-profit corporations like Hobby for cause. not. Lobby and others could use religious In his scathing dissent, Judge The case of SeaWorld of Florida v. objections to excuse themselves from Kavanaugh quoted at length from Jus- Perez concerned a tragic incident at an untold number of Federal laws, ig- tice Scalia’s dissent in Morrison v. the theme park in which a killer whale noring, in the process, the religious Olson and made it clear that he would grabbed its trainer, pulling her into the and practical needs of the employees— have placed the CFPB Director under water and killing her. This was not the the men and women of conscience who the thumb of the President. I believe it first trainer this whale had killed in work there and the consumers who is safe to assume he would have gone this way. The Department of Labor would suffer the consequences. even further in undermining the con- sanctioned SeaWorld upon concluding Contrasting these two cases—one sumer agency’s independence if he had that the company knew about the dan- showing Kavanaugh’s narrow view of the power to overturn Morrison alto- ger this whale posed to trainers and an employee’s right to a safe work- gether. failed to take reasonable steps to less- place, the other demonstrating his This is not the only area where a Jus- en the risk. A Federal district court af- troublingly broad view of an employ- tice Kavanaugh would deliver long- firmed this conclusion, as well as the er’s right to opt out of following the sought-after victories for conservative District of Columbia Circuit. law—it became clear to me that Judge operatives and special interests. He has Judge Kavanaugh dissented. He ar- Kavanaugh would use his discretion as also made clear that he would undercut gued that it was inappropriately ‘‘pa- a Supreme Court Justice to expand the or even overturn the law of Chevron ternalistic’’ for the Federal Govern- rights of the powerful at the expense of deference. As this body discussed at ment to regulate matters of workplace everyone else. length in debate over Justice Gorsuch’s safety for entertaining displays such as Supreme Court Justices hold extraor- nomination, the Chevron case stands killer whale exhibitions. To him, the dinary positions of authority in our

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.035 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6666 CONGRESSIONAL RECORD — SENATE October 5, 2018 constitutional system because they are cuit courts. Now, with a simple major- I believe Republican leaders and the only ones with the power to decide ity threshold, any party in power can President Trump did everything they that the governing majority—as well pack the Supreme Court on party-line could to hide the facts and rush this as prior Justices on the Court—got it votes with nominees like Judge through because they were afraid of wrong. The Constitution guarantees Kavanaugh, who otherwise could never what a full investigation would show, every American certain rights that are rise to the highest Court of the land. and I believe it is simply wrong to rush beyond the reach of the President or a I would also note that there is no to a finish on this confirmation based simple majority of Congress to change longer any obligation for a nominee to on that alone. because the popular majority cannot disclose all of his or her records of I also believe that what we saw of always be trusted to protect the inter- prior service, nor is there a need to Judge Kavanaugh’s temperament in ests of the minority, particularly when hold fair or impartial hearings. FBI the hearing last week—his bitter par- that minority includes the most power- background checks need not be any- tisanship, his rage, his disrespect—was less, alienated, and derided among us. thing more than a mere formality, and absolutely disqualifying as well and The Supreme Court’s work is not nominees have a free hand to appear in will undermine the Supreme Court and automatic. It is not an assembly line. campaign-style commercials, dis- erode trust in the decisions they make. The men and women who sit on the respect the Senate, and disregard tradi- I believe the lack of credibility and Court must use their values and experi- tions of decorum, so long as they put honesty he demonstrated in his hear- ence in order to reach the conclusions on a show that plays well with the ings, which I and my colleagues have that determine how the Constitution President and the majority. After all, spoken about at great length, is abso- applies to our daily lives. I read Judge there is no longer any need for bipar- lutely disqualifying as well, and this Kavanaugh’s legal record to show that tisan consensus for a Justice of the Su- isn’t just me saying this. We are hear- he would advance a dangerous partisan preme Court. ing an unprecedented outcry on this agenda from the bench. Some may dis- I have served in this body for over 20 particular point from lawyers and agree with that conclusion, but the years. I have not been here for all of judges and former clerks and the reli- fact of the matter is that the majority the so-called judicial wars, supposedly gious community, and even Supreme is advancing Judge Kavanaugh’s nomi- beginning with the nomination of Court Justice Stevens. Even setting nation in the absence of critical facts Judge Bork, who, I will remind every- aside those issues, before Dr. Ford’s al- that go directly to his character and one, was defeated on a strong bipar- legations came out and before we saw values. tisan vote, but I have been here for more of Judge Kavanaugh in those A full and fair investigation—one enough of the deterioration of this hearings, I opposed his nomination be- without predetermined limits—could process to know there is blame on both cause it was so clear he was picked by clear Justice Kavanaugh’s name or it sides. Democrats in this body have President Trump for a few key reasons. could cause him further trouble. But if been aggressive when they were in Specifically, he would overturn Roe the majority proceeds now, and he is power, but I would also add that schol- v. Wade and gut women’s healthcare; confirmed, the shadow of doubt will al- arly research of many has documented he would gut healthcare reform and ways linger over his position, over the that Republicans always found another end protections for patients with pre- Court, and over the U.S. Senate. Amer- way to escalate things each more, re- existing conditions; and he would pro- icans will wonder why this nomination sulting in the position in which we now tect President Trump with his disturb- was rushed, and the obvious conclusion find ourselves. ingly expansive view on Presidential Without some major change on the will be that it served the interests of power, which is particularly dangerous part of the majority, I hope there is no partisan politics. Rightly or wrongly, when we have a President under inves- illusion among my colleagues that that impression will further harden the tigation with members of his campaign what we have endured over the last few cynicism and tribalism of those who and administration going to jail and weeks is anything but the beginning of are inclined to believe the system is facing indictments. what is to come. I stand ready—and I rigged. That doubt in the fundamental That is not all we know about him, think many of my colleagues on the fairness and integrity of our govern- but we know those things, and to me other side stand ready—to search for a ment is contagious, and our whole Na- that was enough to make my decision. bipartisan solution and return to a tion suffers as it spreads. I believe we So I do oppose Judge Kavanaugh, and I path in which all of us—at least the should stop this and show the Amer- hope we can do the right thing in the vast majority of the Senate—have ican people that facts matter and that Senate today. overwhelming confidence in the ability character matters. I want to spend the rest of my few and the dedication of a nominee to the Before I yield the floor, I would like minutes this morning making a dif- Supreme Court under the Constitution to say one more thing to my col- ferent point and not just to my col- of the United States. leagues. This process, and the major- With that, I yield the floor. leagues but to the people who are ity’s elimination of the 60-vote thresh- The ACTING PRESIDENT pro tem- watching from home and across the old for the Supreme Court to confirm pore. The Senator from Washington. country because I am very concerned Justice Gorsuch last year, is now the Mrs. MURRAY. Madam President, I about the message Republican leaders precedent for future Supreme Court come to the floor to speak in opposi- are sending today to women and girls nominations. Democratic Members tion to the nomination of Judge and survivors—the message they are should expect nothing more from the Kavanaugh to the Supreme Court. delivering on the Senate floor, at ral- Republican majority. Every Senator I want to make a few quick points as lies, through the press, and directly to should think long and hard if they are we conclude this debate today, and the people. prepared for what will come next as a then I want to speak to the people To Dr. Ford and Ms. Ramirez, and so result of this dissolution of the Senate watching who may not believe what many other women, girls and sur- rules that historically preserved the in- the Senate could be headed toward vivors, these Republicans are saying stitutions of the Senate as well as the today—who are shocked and angry, your voices don’t matter. Your experi- Court. frustrated and hurt. ences, your trauma, your pain, your The supermajority requirement for First and foremost, I believe Dr. heartache, your anger—none of that the confirmation of a Supreme Court Ford. I believe her when she shared her matters. Justice was a vital backstop against experience of being assaulted by Judge Their message is: We don’t have to the kinds of displays we have witnessed Kavanaugh. I believe her because of listen. We don’t have to care. Sit down. in the past few weeks. That is why what she said, and she remembered Be quiet. They are sending the message Democrats kept the 60-vote require- with 100 percent certainty. that if you are a woman who was at- ment in place when they were forced by I believe her despite what some Re- tacked, if you are a survivor, then your a Republican blockade of lower court publicans are trying to use to tear her experience is just one more ‘‘hiccup’’ to judges to fill a whole host of judicial down because I know trauma experts ‘‘plow right through’’ on the path to vacancies with nominees who had tell us survivors may not remember get what they want; that if you come cleared committee for district and cir- every single detail of these events. forward with your experience, you will

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.036 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6667 be told you are just ‘‘mixed up,’’ There are some cracks in how people can’t make a difference, it is usually wrong, lying, or worse. see the world, people who may have because they are afraid that you will. They are sending a message that you never understood before, who may have They are afraid that you will because will be asked why you didn’t come for- never seen the perspective they are it is true. They are petrified because ward sooner, what you wore, how much learning about more and more now, they do know your voice matters— you had to drink, what medication you some cracks in how companies and in- whatever you may think, whatever were taking, if you had any history of stitutions need to respond, which may they may say. mental issues, how you got to the have never felt that pressure before. So whatever happens today, I am party, how you got home; that you will There are some cracks in how men and going to get up tomorrow, and I am be mocked and undermined, told to boys are acting, hearing more and going to keep fighting. I am going to ‘‘grow up’’ and waved away, and that is more that this is not OK. It cannot be keep fighting for the kind of country I just if they can’t find a way to sweep accepted. It will not be accepted. want to live in, for the country I want you aside and ignore you altogether. Cracks, cracks, and cracks, but clear- for my granddaughters, for all of our They are sending a message that ly today we see the wall still stands. granddaughters and all of our when it comes to a man who has gone If Judge Kavanaugh is confirmed, de- grandsons—a country where someone to prestigious schools, who has all the spite all of the outcry and all of the like Dr. Ford is believed, where she is connections, who has spent his entire work done, there will be a lot of people not attacked; where someone like life setting himself up for this moment, who are angry and hurt. I will be one of Judge Kavanaugh doesn’t get rushed to it is his experience that matters, his them. There will be frustration. There the highest Court in the land. I really pain that matters, his future that mat- will be tears. I will be joining in them. hope everyone who stood up and spoke ters, not yours. But there will also be a sense that out, who is motivated by Dr. Ford and They aren’t just sending a message nothing we can do matters; that if so many others, I hope you are all with to women and girls and survivors, they someone like Judge Kavanaugh can get me today, tomorrow, and for the fight are sending a message to men and boys, a seat on the Supreme Court, we should ahead. too, and that is what frightens me just just give up; that we can’t make a dif- So I urge my colleagues to stand as much. They are sending a message ference, we can’t matter. That, I will with us, to vote no today, and to keep to them that if they attack women, if not be a part of. working with us tomorrow. they hurt people, they are going to be Here is the message I want to send Thank you. fine; that they may hear that this kind today: Change is not easy. It never is. I yield the floor. The ACTING PRESIDENT pro tem- of behavior is wrong, that it is not ac- We cannot give up the fight, and we cannot be discouraged. My vision, my pore. The Senator from Michigan ceptable, but don’t worry, nothing will Mr. PETERS. Madam President, our actually happen to them if they do it. fight, my passion is to live in a country where my granddaughters can walk Nation has seen some deeply con- They can grab women without their cerning trends in recent decades—in- consent and brag about it, they can down the street, go to a party, live their lives, not live in fear but be treat- creased polarization, flat wages for sexually assault women and laugh workers, and a growing tribal mindset about it, and they are probably going ed with respect. I want to live in a country where my that makes it increasingly difficult for to even be fine. They can even grow up granddaughters can go into a job inter- people to trust each other and our pub- to be President of the United States or view and be judged based on what they lic institutions. We are also seeing a a Justice on the Supreme Court. can do, not on how they look. I want to partisan divide that is growing strong- That is absolutely wrong. live in a country where you can suc- er and wider by the day. So I want to send a very different For example, 60 years ago, about 4 message to women, girls, and sur- ceed no matter where you were born, what you looked like, or whom you percent of Americans said that they vivors: Your voices do matter. Your ex- would be seriously disappointed if their periences do matter. There are a whole love; if you work hard and treat others right, where you don’t have to go to son or daughter married someone from lot of people who are listening to you, prestigious schools and know powerful the opposite political party. Today, it who do hear you, who do believe you. people and make the best political con- is almost half. Please, please do not give up and do nections and go to the right parties. I We are also seeing a growing eco- not stay quiet because no matter what want to live in a country where if you nomic divide. Fifty years ago, 9 out of happens today, however this vote goes, do all of those things and know all of 10 30-year-olds in America were better your voices are making a difference, those people but hurt others and treat off than their parents at the same age. maybe not to those Republicans mock- people with disrespect, you will pay the In 2010, only half were. It feels like the ing Dr. Ford—they may not want to price, you will face the consequences. bonds that make us a cohesive society hear what you have to say—and maybe Clearly, we are not there yet, but I are fraying and that life in the United not to President Trump, but with every do believe we are making progress. We States is growing more unfair for so story that comes out, every new voice may not feel it every day, and today is many Americans. Bringing our country that breaks the silence, we make a day when it is hard, but I believe, and back together and strengthening our progress. Every father and mother who my message to everyone watching bonds with each other will not be an learns what happened to their daughter right now is, don’t give up; don’t give easy task, but, without question, the or son all of those years ago that they in; don’t think your voice doesn’t mat- Supreme Court has an unparalleled had never shared before, every son and ter. ability either to move our society for- daughter who hears from their mom When the Senate failed Anita Hill ward or to pull us further apart. and dad about abuse or attacks they and confirmed Justice Thomas in 1981, Unanimous opinions by the Supreme faced and never talked about, everyone I got mad. I decided to run for the Sen- Court to strike down segregation in who hears from a friend, who listens to ate. I wouldn’t let anyone tell me I had public schools, to affirm the right of a coworker, it does make a difference. no shot, and I won—and I see that criminal defendants to an attorney, We have seen that since the #MeToo story repeated over and over. People and to rein in the use of executive movement started more and more. get angry. They start talking about it. privilege by President Nixon show the More and more over these past few They organize it, and sometimes they ability of ideologically diverse judges weeks, stories came out helping people face their past, but they make a dif- to agree on what is fair and what is understand how pervasive this is, how ference. They put more cracks into right, but the Supreme Court as an in- this kind of violence is something that wall, but when I hear people give stitution is far, far from infallible. women have been putting up with for up hope, when they tell me they are The same institution that just 3 ages, in silence, unheard, seemingly in- ending their fight because they think years ago made marriage equality the evitable, a wall placed in front of every what they do doesn’t matter, I know I law of the land also upheld the intern- girl and woman in this country and am hearing from someone who isn’t ment of American citizens of Japanese how, as more and more people have so going to make a difference. dissent while our parents fought to lib- bravely spoken up, cracks have begun I think of a line I remind myself of erate prisoners held in German con- to appear in that wall. all the time: If someone tells you, you centration camps across the Atlantic

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.037 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6668 CONGRESSIONAL RECORD — SENATE October 5, 2018 Ocean. The same institution that gave Let’s take a moment to review his nitely your guy. I think Judge American women the right to make de- record. Kavanaugh genuinely believes that cisions about their own reproductive Judge Kavanaugh sided with big pol- money is speech and that corporations health in Roe v. Wade denied citizen- luters when he wrote that the Environ- are people. To him, Americans are only ship to African American slaves in the mental Protection Agency could not an afterthought. shameful Dred Scott decision. enforce their ‘‘good neighbor’’ rule. I know many Americans are won- Some of my colleagues have said This commonsense rule simply requires dering whether Judge Kavanaugh will they have confidence that Judge States whose air pollution blows across look out for their best interests if con- Kavanaugh believes in Roe v. Wade and their State’s lines to bear some of the firmed to the Supreme Court. I hear it that it is the settled law. I hope they responsibility for those downwind all the time as I travel across Michi- are right, but I seriously doubt it. I emissions. The good neighbor rule is gan. think that, if confirmed, Judge one of the best ways to crack down on To my fellow Americans, I would say Kavanaugh will spearhead the contin- sulfur dioxide, a noxious pollutant that this. If you enjoy breathing clean air, if ued erosion of rights for American has created a public health crisis in De- you have a boss, if you care about not women, and if given the chance, he will troit, with childhood asthma rates al- being defrauded by financial bad ac- vote to overturn this settled precedent. most 40 percent above the national av- tors, or if you care about a woman’s Lots of talk in Washington about the erage. More sulfur dioxide in the air right to choose, Judge Kavanaugh will Supreme Court centers on precedent, means more children in hospitals and not be providing the fairness you seek. power, or procedure, but I would argue fewer children in the classroom. Like many Americans, I followed that voting for a Supreme Court nomi- Judge Kavanaugh substituted his closely the testimonies of Dr. Ford and nee is fundamentally about people. In own values and judgment for the deci- Judge Kavanaugh before the Senate making a decision on how I will vote sions of Congress and the EPA, but, Judiciary Committee. As I watched Dr. on a Supreme Court nominee, I ask two fortunately, even conservative Justices Ford, I didn’t see a partisan ideologue questions: First, how will the nominee on the Supreme Court voted to over- motivated by politics. What I saw was serve the people of Michigan? Second, rule him and allowed the good neighbor a woman speaking with credibility, how will the nominee serve the Nation rule to stay in place. with earnestness, and incredible brav- as a whole? Judge Kavanaugh apparently does ery. Now, more than ever, I think we need not believe in good neighbors, and he As I watched Judge Kavanaugh tes- our Supreme Court not to be just fair. also does not believe in good bosses. He tify before that same Judiciary Com- We also need Americans to truly be- has consistently ruled against workers mittee, I saw something very different. lieve that the Justices that make up and their interests every chance that I didn’t see the temperance and humil- the Supreme Court are fair and capable he gets. of dispassionate deliberation. No ity we expect from a Supreme Court He wrote a dissent saying that com- human being, of course, can be entirely justice. I saw rage and I saw entitle- panies can simply walk away from col- impartial or without bias, but we need ment. I didn’t see a thoughtful legal lective bargaining agreements made Supreme Court Justices who are able mind bound by precedent or tradition. with their workers by just creating a to understand their biases and set I saw a partisan political operative spin-off, a nonunion company. He ruled them aside for the good of the country. cloaked in judicial robes bestowed that companies can call the police to What we need is fairness. What we need upon him last decade by a Republican is trust. prevent workers from exercising their majority flexing their political muscle. Our fraying social fabric can only be right to peacefully picket. For Judge I didn’t see an umpire who wants to rebuilt by trust—trust in our institu- Kavanaugh, the First Amendment call balls and strikes. I saw a man who tions, trust in each other, and trust right to speech and assembly comes believes he is the league’s commis- that our courts will give every Amer- second to a corporation’s bottom line. sioner, a man who thinks he should ican a fair chance in an era where cor- This is the judicial philosophy that the have the power to rewrite the rules of porate profits are ballooning to record Republican majority is just hours away the game to help his powerful friends. I levels. But 40 percent of Americans from elevating to the highest Court in didn’t see a man committed to fairness don’t have the savings to cover a $400 the land. and building trust. I saw a man com- emergency expense. A breakdown of Based on a review of Judge mitted to consolidating power and trust undermines our democracy. The Kavanaugh’s rulings, it will be clear scoring political points. I saw a man farther and faster we retreat to our that if something is good for con- whose fluid relationship with the truth partisan tribal corners, the harder it sumers, he will find a way to oppose it. is beneath the U.S. Senate and beneath will be to ever meet again in the mid- For example, Judge Kavanaugh sided the U.S. Supreme Court. dle. with large telecom corporations over Today, more than ever, America While Americans expect partisanship Michigan families, startups, and small needs trust and we need fairness. Judge from their elected officials, they expect businesses when he wrote a dissent to Kavanaugh’s confirmation will provide better from our judges. Our Founders gut net neutrality protections. Judge only more division in our country and created a coequal branch of govern- Kavanaugh sided with payday lenders, cast a cloud over the decisions of the ment dedicated to fairness, and that financial fraudsters, and global Court for years to come. was the Supreme Court, but, unfortu- megabanks when he ruled that the I urge my colleagues to oppose Judge nately, when I examine the record of Consumer Financial Protection Bureau Kavanaugh’s confirmation and to start Judge Kavanaugh, I do not see an open was unconstitutional. over with a nominee worthy of our Su- mind. I do not see fairness. I see a par- Not only does Judge Kavanaugh al- preme Court. tisan ideologue who will do judicial ways rule directly in favor of the larg- I yield the floor. backflips to rule in favor of large cor- est corporations and powerful special I suggest the absence of a quorum. porations, the powerful, and the elite. interests, but his rulings show that he The ACTING PRESIDENT pro tem- When the Supreme Court conducts wants to further tilt our campaign fi- pore. The clerk will call the roll. its duty to advise and consent on Su- nance system in their favor. He has The bill clerk proceeded to call the preme Court nominees, we often talk spoken out and ruled in favor of unlim- roll. about methods of constitutional inter- ited political spending in Federal elec- Ms. BALDWIN. Madam President, I pretation. Some judges are textualists. tions. ask unanimous consent that the order Some are originalists. Some are prag- In 2011, Judge Kavanaugh authored for the quorum call be rescinded. matists. I believe Judge Kavanaugh is an opinion that would allow foreign na- The ACTING PRESIDENT pro tem- a corporatist, pure and simple. He tionals—not Americans, but foreign na- pore. Without objection, it is so or- starts with the outcome that corporate tionals—to spend unlimited, yes, un- dered. executives would want, and then he limited money on issue ads in Amer- Ms. BALDWIN. Madam President, works backward. I believe this is the ican elections. If you like dark money there is one standard we should all unifying theme of his rulings over the undermining our free and fair elec- apply to any nominee for the U.S. Su- past decade. tions, well, Judge Kavanaugh is defi- preme Court—honesty. While some

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.039 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6669 have chosen not to apply that standard Supreme Court that will rule on their I suggest the absence of a quorum. to Judge Kavanaugh, I must. At the issues and in their favor. The ACTING PRESIDENT pro tem- very least, we should expect a nominee As my colleague and Judiciary Com- pore. The clerk will call the roll. for our highest Court to be honest. mittee member Senator WHITEHOUSE The bill clerk proceeded to call the I do not believe Judge Kavanaugh has has described in great detail, since 2006, roll. met this standard. In fact, there is a the five conservative Justices have Mrs. FISCHER. Madam President, I long record of this nominee not being joined together 73 times as a bare ma- ask unanimous consent that the order truthful when he came before the Sen- jority in 5-to-4 rulings in favor of big for the quorum call be rescinded. ate Judiciary Committee. I don’t be- special interests. These decisions have The ACTING PRESIDENT pro tem- lieve he was truthful in his 2006 testi- turned back progress on voting rights, pore. Without objection, it is so or- mony before the Senate, just as I don’t environmental protection, and have al- dered. believe he was honest in 2018. lowed corporations to discriminate Mrs. FISCHER. Madam President, I Last week, I joined millions of Amer- against workers. rise today in support of the nomination icans in watching Dr. Christine Blasey Judge Kavanaugh’s record shows he of Judge Brett Kavanaugh to be an As- Ford’s powerful testimony before the will advance this troubling trend when sociate Justice on the U.S. Supreme Senate Judiciary Committee, in which the people of Wisconsin need a fair, im- Court. she credibly presented serious and partial, and independent Supreme In the Senate, the Constitution deeply disturbing allegations of sexual Court Justice who will stand up for grants us a solemn responsibility to assault. I have deep respect for the them, not just for big, powerful special provide advice and consent to the strength and courage she has shown in interests. President’s nominees. I was proud to be coming forward and putting her own At a time when so many in Wash- at the White House as President Trump safety and that of her family on the ington are working to overturn the law announced the nomination of this ex- line to do the right thing. To me, Dr. of the land that helps provide afford- ceptionally qualified judge. Blasey Ford was honest, and I believe able healthcare to 133 million Ameri- After evaluating Judge Kavanaugh’s her. cans with preexisting conditions, in- legal record and background, I person- I supported the call for the White cluding more than 2 million Wisconsin- ally met with him in my office. During House to reopen the FBI background ites, we cannot afford a nominee who our meeting we covered many topics, investigation of Judge Kavanaugh. Dr. would serve as the deciding vote to including judicial activism. Judge Blasey Ford did too. However, in his take us back to the days when powerful Kavanaugh stated to me that judicial testimony to the Senate Judiciary insurance companies wrote the rules. activism is the substitution of policy The President vowed to appoint Committee, Judge Kavanaugh repeat- preferences for stated law. He com- judges to the Supreme Court who edly refused to support such an inves- mitted to me that he would never add would overturn the law of the land, tigation by the FBI. nor subtract from our country’s Con- It is clear to me that the White Roe v. Wade, and I take him at his stitution, but that he would apply it House and the Senate Republicans se- word. Judge Kavanaugh is his choice fairly to all. We had a wide ranging, verely limited what could have been a for a lifetime appointment that would hour-long discussion where I shared turn back the clock on a woman’s con- full and independent review by the FBI with him the qualities I want to see in stitutional right and freedom to make of the credible allegations against the a Supreme Court Justice and ques- her own healthcare choices, including Supreme Court nominee. The fact is, tioned his record and judicial philoso- access to birth control. phies. White House and Senate Republicans I also have serious concerns about would not allow the FBI to interview Judges are not legislators or activ- Judge Kavanaugh’s belief that a Presi- ists. They are interpreters of the law. Dr. Blasey Ford, Judge Kavanaugh, and dent should be protected from inves- a number of witnesses who came for- They must have integrity and under- tigations and subpoenas and indict- stand that all Americans must be ward publicly. That is simply wrong. ments. We have an ongoing national se- It is also wrong to be moving forward treated equally under the law. Judges curity investigation by the special must uphold high standards with a on a Supreme Court nominee who so counsel looking into Russia’s attack on clearly lacks the honesty and judicial fair-minded approach, tremendous in- our democracy, criminal conspiracy, tellectual capacity, and devotion to the temperament we would expect of some- and potential obstruction of justice. one serving on our Nation’s highest public good. I am confident that Judge Particularly after his highly partisan Kavanaugh possesses all of these quali- Court. testimony before the Judiciary Com- Let us not ignore what we all wit- ties. mittee, I do not trust Judge Kavanaugh Moreover, I was impressed by his nessed at last week’s Judiciary Com- to provide the independence we need on mittee hearing. We saw a stark con- commitment to the rule of law. He un- our Supreme Court at this time. When derstands the proper role of a judge as trast between two witnesses. Dr. Ford Judge Kavanaugh was nominated, I re- was honest, credible, respectful, and an interpreter, not the writer, of the viewed his record and opposed his nom- law. He also understands that unlike thoughtful. On the other hand, Judge ination because the stakes are too high Kavanaugh was not honest about a Members of Congress or the executive for the American people. They do not branch, which are accountable to the number of things he was questioned want a Supreme Court to advance a po- people, the judiciary must act inde- about, and he did not provide truthful litical agenda to overturn the law of pendently and follow the law wherever testimony. What he did provide were the land on healthcare for people with it takes them. This was something we aggressively angry, political attacks preexisting conditions, women’s repro- heard repeatedly from him in his that prove he lacks the judicial tem- ductive health, and the constitutional lengthy confirmation hearing before perament to serve on America’s high- rights and freedoms of all Americans. est Court. Even before Judge I truly wish I had been granted the the Senate Judiciary Committee. Judge Kavanaugh demonstrated his Kavanaugh’s recent hearing, I did not opportunity to discuss these important strong commitment to judicial inde- believe he would be an independent issues with Judge Kavanaugh before judge. this vote, but after seven requests to pendence. During the hearing, he re- Powerful special interests in Wash- the White House for a meeting with peatedly affirmed: ington handpicked him and have used this nominee, they did not grant me What makes a good judge is independence, their massive, dark money resources to the opportunity to talk to Judge not being swayed by political or public pres- sure. push his nomination forward. I can Kavanaugh. That takes some backbone, it takes some only conclude that Judge Kavanaugh The people of Wisconsin need a fair, judicial fortitude. The great moments in would work for them and not the peo- impartial, and independent Supreme American judicial history, the judges had ple of Wisconsin or our Nation. It is no Court Justice. Based on everything we backbone and independence. wonder Judge Kavanaugh is the choice know, I do not have the confidence He continued: of these powerful, wealthy, corporate Judge Kavanaugh would be that Jus- Judges make decisions based on law, not special interests. They want to ensure tice, and I will vote no on his confirma- on policy, not based on political pressure, that they maintain the majority on the tion to the U.S. Supreme Court. not based on the identity of the parties.

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.041 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6670 CONGRESSIONAL RECORD — SENATE October 5, 2018 No matter who you are, no matter where pamphlets on his faith at Mount Rush- the unwanted attention that would inevi- you come from, no matter how rich you are, more. Judge Kavanaugh joined the ma- tably result if she were to testify before the how poor you are, no matter your race, your jority in ruling against the Park Serv- Senate Judiciary Committee, she believes gender, no matter your station in life, no ice and their exceedingly broad regula- that it is her duty as a citizen to tell the matter your position in government, it is all truth about what happened. equal justice under law. tion of free speech. In authoring hun- Accordingly, please contact me at your dreds of opinions, while joining hun- I believe his words and judicial phi- earliest possible convenience to make appro- dreds of others, Judge Kavanaugh has priate arrangements. losophy are what every Member of the distinguished himself as a thought Very truly yours, Senate, Republican or Democrat, leader on the Federal bench. ROBERTA KAPLAN, Esq. should require from their nominee. Over the past few weeks, I believe the KAISER DILLON PLLC, I also admired Judge Kavanaugh’s Senate confirmation process has be- appreciation of the Supreme Court’s Washington, DC, September 26, 2018. come a shameful spectacle and a dis- Hon. CHUCK GRASSLEY, position in setting and interpreting service to everyone involved. I appre- precedent. He has even written a book Chairman, Committee on the Judiciary, ciate Professor Ford’s sincere testi- U.S. Senate. on it, and I am comfortable with his mony. I believe she has experienced a Hon. DIANNE FEINSTEIN, understanding and appreciation for the traumatic event that no woman should Ranking Member, Committee on the Judiciary, role of precedent in the judicial proc- have to endure. There is no evidence, U.S. Senate. DEAR CHAIRMAN GRASSLEY AND RANKING ess. though, that Judge Kavanaugh was the For 12 years Judge Kavanaugh has MEMBER FEINSTEIN: My firm represents perpetrator. A seventh FBI background Deborah Ramirez, as does the law firm of served on the DC Circuit Court of Ap- investigation of Judge Kavanaugh peals, our Nation’s second most influ- Hutchinson Black and Cook, LLC. As you failed to corroborate Professor Ford’s likely know, a reporter recently reached out ential court. His record is remarkable. account. Moreover, there are a number to Ms. Ramirez to ask her about an incident With nearly 200 controlling opinions, of key facts missing from Professor involving Brett Kavanaugh, President he has proven to be one of the most Ford’s story. Trump’s nominee for the United States Su- thoughtful, preeminent judges in our My job as a Senator is to assess the preme Court. Ms. Ramirez answered the re- Nation. In 13 cases the Supreme Court porter’s questions, and he, after interviewing facts and make a judgment. I continue a number of additional witnesses, wrote a adopted Judge Kavanaugh’s reasoning to support Judge Kavanaugh and be- in its decisions. This is a key point, as story: https://www.newyorker.com/news/ lieve he will serve our Nation with in- news-desk/senate-democrats-investigate-a- it was not just 13 decisions in agree- tegrity and devotion to the rule of law. new-allegation-of-sexual-misconduct-from- ment. It was Judge Kavanaugh’s actual I am confident that Judge Kavanaugh the-supreme-court-nominee-brett- language and the thought process in will be an outstanding Supreme Court kavanaughs-college-years-deborah-ramirez. his decision which were used in the Justice. I look forward to voting in That story recounts that the reporter first opinions of our Nation’s highest Court. learned of the relevant incident from indi- favor of his confirmation. He will serve viduals other than Ms. Ramirez. The re- The logic behind Judge Kavanaugh’s the American people with distinction. opinions are already woven into Su- porter then approached Ms. Ramirez, who Thank you, Madam President. confirmed and further described the inci- preme Court precedent. I suggest the absence of a quorum. dent. The reporter proceeded independently Regarding privacy issues, in United The ACTING PRESIDENT pro tem- to verify the story with other individuals, in- States v. Jones, Judge Kavanaugh dis- pore. The clerk will call the roll. cluding one who remembered contempora- sented when the court denied the gov- The bill clerk proceeded to call the neously learning of the incident (including ernment’s request for a rehearing. He roll. that it involved Mr. Kavanaugh and Ms. Ra- argued that the case deserved to be Mr. MARKEY. Madam President, I mirez), and another who remembered con- temporaneously overhearing a student tear- heard by the full court and indicated ask unanimous consent that the order support for the narrow property-based fully recounting what could only have been for the quorum call be rescinded. the same incident. Fourth Amendment argument made by The ACTING PRESIDENT pro tem- Ms. Ramirez has asked that the FBI inves- the plaintiff. pore. Without objection, it is so or- tigate further. She has done so both by di- When considering whether a warrant dered. rect request (through counsel) to the FBI, was required in order to install a GPS Mr. MARKEY. Madam President, I and by asking this Committee (again, tracker in the suspect’s car, he said the ask unanimous consent that three let- through counsel) to involve the FBI. Thus suspect’s property rights should have far, however, the Committee has refused. ters and a news article related to alle- This is illogical: An FBI investigation would been taken into account. In Justice gations against Judge Kavanaugh be Scalia’s majority opinion, he agreed allow a credible, efficient, and professional printed in the RECORD. development of the facts—free from par- with Kavanaugh’s property-based ap- There being no objection, the mate- tisanship. This not only would best protect proach. rial was ordered to be printed in the Ms. Ramirez from being dragged into a polit- When it comes to administrative law, RECORD, as follows: ical fray, but also would best allow the Com- he has taken a consistent and balanced mittee to learn those facts. and thereby pro- KAPLAN HECKER & FINK LLP, approach to assess congressional intent Re Nomination of Judge Brett Kavanaugh. ceed in an informed manner. Ms. Ramirez asks again: If the Committee cares about the and applying exceptions to Chevron New York, NY, September 26, 2018. deference, ensuring Federal agencies facts with respect to the incident she has de- Hon. DIANNE FEINSTEIN, scribed, it should ask the FBI to investigate. are executing the laws crafted by Con- Member, Committee on the Judiciary, Ms. Ramirez is willing to cooperate with gress, not creating their own versions U.S. Senate, Washington, DC. the Committee. To that end, she—through of the law. According to his own words, Hon. CHARLES E. GRASSLEY, counsel—repeatedly has asked the Com- Judge Kavanaugh looks to the ‘‘set- Chairman, Committee on the Judiciary, mittee to speak with her about a process by tled, bedrock principles of constitu- U.S. Senate, Washington, DC. which she fairly can be heard by Committee tional law.’’ DEAR SENATORS FEINSTEIN AND GRASSLEY: members. But the majority staff thus far has In protecting Congress, he has found We have been retained to act as counsel for refused even to speak with Ms. Ramirez’s that ‘‘the President and federal agen- Elizabeth Rasor. As you are no doubt aware, counsel; instead, that staff has insisted that Ms. Rasor was quoted in an article by Ronan Ms. Ramirez first ‘‘provide her evidence.’’ cies may not ignore statutory man- Farrow and Jane Mayer in the New Yorker Respectfully, that demand misunderstands dates or prohibitions merely because of published on September 23rd regarding a con- the process. Ms. Ramirez has not conducted policy disagreement with Congress.’’ versation she had with Mark Judge poten- an investigation to gather materials that she Judge Kavanaugh also has a strong tially relevant to the nomination of Judge now somehow can present, gift-wrapped, to comprehension of freedom of speech Brett Kavanaugh to the United States Su- the Committee. She is not a litigant, and she under the First Amendment. He dem- preme Court. is not a partisan. Rather, she simply has told onstrated this in his decision in the Ms. Rasor’s recollection of what occurred her story, truthfully and as best she could, case of Boardley v. U.S. Department of is stated accurately in the New Yorker piece to a reporter who asked. Indeed, the major- and she would welcome the opportunity to ity’s confusion on this issue underscores the the Interior. This particular case dealt share this information with agents of the need for an FBI investigation—that is the or- with a Christian man, Michael FBI as part of a re-opened background inves- ganization that credibly could develop the Boardley, who was stopped by the Na- tigation. In the event that that does not additional ‘‘evidence’’ the majority ref- tional Park Service from handing out occur, although Ms. Rasor does not welcome erences. What Ms. Ramirez can do—and all

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.042 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6671 that Ms. Ramirez can do—is simply tell what Sag Harbor, New York, September 26, 2018. WITH ME!!! I TOLD YOU AT THE TIME happened to her. Sworn to before me this 26th day of Sep- THAT WAS IN CONFIDENCE!!!’’ Ms. Ramirez has no agenda. She did not tember, 2018 9/21/18, 12:34PM volunteer for this. But nor has she, or will LINDSEY BECKELMAN, To: Kathy Charlton she, shy away from truthfully recounting the Notary public. From: [REDACTED] facts. She asks only to be treated fairly. The Did you get to go through the biz plan and Committee should begin by allowing the FBI [From NBC News, Oct. 5, 2018] see [REDACTED] notes? to investigate. THE BATTLE OVER ACCUSATIONS GOES ONAS Helllllloooooooo Sincerely, KAVANAUGH NOMINATION ADVANCES Don’t F[REDACTED] TELL PEOPLE WILLIAM PITTARD. BRETT GOT IN TOUCH WITH ME!!! (By Heidi Przybyla) I TOLD YOU AT THE TIME THAT WAS IN KAPLAN HECKER & FINK LLP, WASHINGTON—As Senate Judiciary Chair- CONFIDENCE!! AND New York, NY, September 27, 2018. man Charles Grassley, R–Iowa, closed out his [REDACTED] CALLS ME. WTF! Re Nomination of Judge Brett Kavanaugh. executive summary of allegations of sexual ‘‘From the content and all capital letters Hon. DIANE FEINSTEIN, misconduct against Supreme Court nominee of the text (the alleged witness) seemed to Member, Committee on the Judiciary, Brett Kavanaugh, his staff called a former feel that there was a great deal at stake for U.S. Senate, Washington, DC. roommate of Deborah Ramirez, the Yale Brett if Brett’s fears of exposure ever became Hon. CHARLES E. GRASSLEY, classmate who has accused Kavanaugh of ex- public,’’ Charlton wrote in a statement to Chairman, Committee on the Judiciary, posing himself to her. the FBI shared with Grassley’s office on Oct. Jen Klaus, the former roommate, told NBC U.S. Senate, Washington, DC. 4. DEAR SENATORS FEINSTEIN AND GRASSLEY: News that committee staff members called Charlton is not the only former Yale class- As a follow up to my letter of yesterday’s her at 4:30 p.m. Thursday, put her on mate of Kavanaugh’s to indicate the nomi- date, we enclose an affidavit from Ms. Rasor speakerphone and asked about Ramirez’s nee and his team were active in reaching out executed yesterday evening. drinking habits, whether there was a Yale to their social group ahead of publication of Very truly yours, student known for dropping his pants and The New Yorker story. NBC News has re- ROBERTA A. KAPLAN. the party culture at Yale. She says they sug- ported that a memo to the FBI, drafted by gested the allegation was a case of mistaken Kerry Berchem, questioned whether AFFIDAVIT OF ELIZABETH RASOR identity. Kavanaugh ‘‘and/or’’ his friends ‘‘may have ‘‘It just gave me the impression they were I, Elizabeth Rasor, being duly sworn, here- initiated an anticipatory narrative’’ as early suggesting perhaps it was (another class- by depose and say: as July to ‘‘conceal or discredit’’ Ramirez. mate) who threw his penis in her face instead 1. I make this affidavit based on my per- Both women stressed that they don’t know of Brett. Why would they be asking me sonal knowledge. the whole story and are drawing no conclu- this?’’ said Klaus, who now resides in Brook- 2. I have a bachelor’s degree in English sions but are baffled as to why they were Literature from Catholic University and a line, Massachusetts. never interviewed by the FBI or Judiciary master’s degree in Special Education from In a statement to NBC News, the commit- staff. tee’s press secretary, George Hartmann, said Teacher’s College at Columbia University. Both say they have made numerous at- 3. I first met Mark Judge in or around the that ‘‘no suggestion of mistaken identity tempts to reach the FBI. Thursday night, fall of 1986 while we were both students at was made. The committee has received nu- after Grassley pronounced the investigation Catholic University. merous tips and asked Ms. Klaus for infor- complete, Berchem sent her third email to 4. We engaged in a serious, romantic rela- mation she could provide one way or the Mike Davis, the chief counsel for the Senate tionship for approximately two years begin- other.’’ Judiciary Committee, pleading for him ning in 1986 through 1988. We dated exclu- ‘‘To say otherwise would not only be inac- speak with her. Similar to his responses to sively during much of that time period and curate, it would also call into question the previous emails, Davis noted that her infor- attempted to reunite several times in the motivations of the individual doing so,’’ mation was forwarded to the investigative months afterwards until I moved to New Hartmann added. staff. Berchem shared the exchange with York from Washington, D.C. in 1989. The FBI’s supplemental background inves- NBC News. 5. While we were dating, I spent time with tigation into allegations against Kavanaugh Hartmann, the committee press secretary, Mark’s friends from Georgetown Prep and at- included interviews with nine individuals said ‘‘it would be a lie to say committee in- tended a couple of social gatherings at which and the results were sent to the White House vestigators did not interview Ms. Berchem. they were present. and Senate Thursday morning. Grassley’s Committee investigators spoke at length 6. I met Brett Kavanaugh at a couple of summary said that committee staffers with Ms. Berchem on Oct. 3. Committee in- social gatherings on or around 1987. talked to 35 individuals. 7. Brett continued to socialize with Mark Kavanaugh has strongly denied the allega- vestigators also extensively reviewed infor- and their friends from Georgetown Prep dur- tions and his confirmation appears to have mation provided by Ms. Berchem.’’ Berchem told NBC News that she has had ing this time. the votes to pass on Saturday after Sens. 8. At the parties that Brett and Mark at- one call with a committee staff member to Susan Collins, R–Maine, and Joe Manchin, tended during this period, there was frequent whom she gave a brief overview of her con- D–W.Va., said they would support him late and wide-spread alcohol consumption cerns but was not interviewed. Friday afternoon. 9. In or around 1988, in the context of a Hartmann also said the committee re- Two former Yale classmates say they have conversation we had about how we lost our ceived correspondence from Charlton. ‘‘In made several attempts to share text mes- virginities, Mark told me, in a voice that her letter, Ms. Charlton asked the com- sages raising questions about whether seemed to convey a degree of shame, about mittee to review her exchange, which the Kavanaugh tried to squash the New Yorker an incident that had occurred a few years committee did, and said the committee story that made Ramirez’s accusations pub- prior, where he and several other boys from should feel free to contact her if there were lic—and say the FBI did not respond to their Georgetown Prep took turns having sex with any questions,’’ Hartmann said. ‘‘After eval- calls and written submissions to its web por- a woman who was drunk. It was Mark’s per- uating the information provided, the com- tal. ception that the sexual activity was consen- The text messages involve one potential mittee’s professional investigators did not sual. see a need for a follow-up call.’’ 10. To the best of my recollection, at the eyewitness to the incident and the wife of THE TEXTS time of the conversation, I, and I believe another potential eyewitness. The texts are a conversation between Mark, were sober. The efforts by the two women have contin- 11. After this initial conversation. Mark Kathy Charlton and a mutual friend of ued even as Republicans like Grassley insist and I never discussed this again. Kavanaugh’s who, NBC has confirmed, was that the investigation of the accusations 12. Mark did not share with me any names identified to the FBI by Ramirez as an eye- against Kavanaugh is complete. of other individuals involved in this inci- witness to the incident. NBC News has re- Berchem sent to the FBI some of 51 screen dent, and I do not have any information to ceived no response to multiple attempts to shots of text messages she exchanged with suggest, one way or another, that Brett was reach the alleged eyewitness for comment. her friend, Karen Yarasavage, the wife of one of them. The story detailing Ramirez’s accusation Kevin Genda, another alum Ramirez identi- 13. Mark and I broke up towards the end was published in The New Yorker on Sept. 23. fied as an eyewitness, to explain why of 1988. Charlton told NBC News that, in a phone Kavanaugh and his friends should be asked 14. I last spoke with Mark in or around conversation three days earlier, the former whether they anticipated a story about Ra- 2013. We met for lunch at Georgetown Uni- classmate told her Kavanaugh had called mirez as early as July. versity to catch up, and I brought my son. him and advised him not to say anything Ramirez identified to the FBI Dave Todd, I solemnly swear or affirm under the pen- ‘‘bad’’ if the press were to call. Kevin Genda and Dave White as eyewitnesses alties of perjury that the matters set forth Then on September 21, according to the who were in the room during the alleged in- in this Affidavit are true and correct to the texts, that same person sent Charlton a text cident, according to a source familiar with best of my personal knowledge, information, accusing her of disclosing their conversation the investigation. and belief. to a reporter. ‘‘Helllllloooo. Don’t F****** In July, as the Washington Post quietly re- ELIZABETH RASOR, TELL PEOPLE BRETT GOT IN TOUCH searched a story on a woman accusing

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Of the Judge Kavanaugh wrote an opinion were in high school, Berchem said she re- 203 cases decided by a 5-to-4 vote in the that unless guns were regulated either ceived what she presumed was a misfired John Roberts era, Justice Kennedy was at the time the Constitution was writ- text from Yarasavage. the deciding vote in 186 of them—92 The text suggests that Kavanaugh’s closest ten or traditionally throughout his- Yale friends and those Ramirez later identi- percent. tory, they could not be regulated now. fied as witnesses were searching for an old The Justice who succeeds Anthony He would have struck down the Dis- 1997 wedding party photo that includes them- Kennedy on the Supreme Court will trict of Columbia’s assault weapons selves, as well as Ramirez and Kavanaugh, have the opportunity to leave a deep ban because assault weapons have not all smiling together. and lasting mark on issues of the high- historically been banned. The July 16 text notes that ‘‘Whitey,’’ or est magnitude. Any nominee to the Su- How about 3D-downloaded guns? That Dave White, sent a 1997 wedding party photo preme Court carries significance, but a was not in the original Constitution. to the Washington Post. Berchem is not nominee at this moment, for this seat, friends with White and assumed it was mis- There was no 3D gun. Are we bound by takenly sent to her. The text came 10 days will play a defining role in our Nation’s what the Founding Fathers thought after Dr. Ford sent an anonymous tip to the history. about weapons or can we ourselves Washington Post’s confidential tip line, ac- The constitutional obligation con- make a determination here? He says cording to her testimony before the Senate. ferred on Senators to provide their ad- no. It goes back to the time when the ‘‘Why was the 1997 photo retrieved and dis- vice and consent on a Supreme Court Constitution was drafted or throughout tributed to the Washington Post at that nomination is a powerful, a serious, history but not today. That is just time? Debbie’s allegations against Brett do and a sacred responsibility. As Sen- wrong. not become public until September 23rd,’’ ators, we are duty-bound to determine writes Berchem in her memo. Judge Kavanaugh has consistently The Post did not publish its piece identi- whether Brett Kavanaugh is worthy of opposed strong environmental protec- fying Dr. Christine Blasey Ford as the ac- our trust. Even before President Trump tions and sought to restrict the author- cuser until September. nominated Brett Kavanaugh to the Su- ity of the Environmental Protection In July, Yarasavage also began texting preme Court, there were serious con- Agency. He also authored a dissenting about an old classmate whom neither was or cerns that his views were too extreme, opinion that argued that net neutrality is close to, Rick F. On July 16, Yarasavage that he lacked the independence we rules were unconstitutional. texted Berchem noting she found a ‘‘box of seek in our judges, and that he had a Time and again, on all of these college photos. Rick (F) etc.’’ difficult relationship with the truth. issues—access to healthcare, gun con- ‘‘Neither of us knew him well in college. During the confirmation process for Does she actually have photos of him?’’ trol, consumer and environmental pro- Berchem asked in her memo. his current position on the U.S. Court tections, and a free and open internet— On Sept. 23, the day the New Yorker pub- of Appeals for the DC Circuit, Brett Judge Kavanaugh has been a lished Ramirez’s story accusing Kavanaugh Kavanaugh made misleading state- rubberstamp for a far-rightwing agen- of exposing himself, Yarasavage returned to ments under oath to the Senate Judici- da. Yet that is not the only reason Rick F.: ‘‘I thought I heard (he) pulled out ary Committee on issues such as the President Trump chose Brett his unit once. Could she be so wildly mis- Bush administration’s policies on tor- taken??’’ Kavanaugh for the Supreme Court. ture, his involvement in the nomina- Judge Kavanaugh, who once served The subject, Rick, hadn’t been at Yale in tions of controversial judges, and his the 1983–84 school year. ‘‘She concludes by as Ken Starr’s top deputy in the inves- appearing to insinuate that Ms. Ramirez’s knowledge about the theft of emails tigation of President Clinton, has since memory may have been adversely impacted from the Democratic staff of the Sen- written that a sitting President should by problems with her father,’’ writes ate Judiciary Committee. not be investigated for allegations of Berchem. Then, when it came time to fill Jus- wrongdoing, should not be indicted or On the same day, Yarasavage also texted tice Kennedy’s seat on the Supreme tried while in office, and should not Berchem that she was being contacted by Court, Judge Kavanaugh was hand- ‘‘Brett’s guy’’ and that ‘‘Brett asked me to even have to participate in civil legal picked by the Federalist Society—an proceedings until he leaves office. This go on the record’’ regarding the New Yorker ultraconservative group that is dedi- is a convenient reversal of a pro-inves- piece. cated to installing far-right judges on ‘‘I believe that these September 23rd texts tigation and pro-litigation position our Federal bench. The Federalist So- raise factual issues, such as the contents of that Kavanaugh held when a Democrat ciety promised Donald Trump that the the conversation if it occurred between was in the White House. It is a reversal judges on that list would support his Judge Kavanaugh and why (Yarasavage) that synchronizes very well with Don- seemed to be encouraging a false ‘mistaken partisan agenda if they were elevated ald Trump’s interests. identity’ theory involving someone who to the Supreme Court. Donald Trump With Donald Trump under criminal wasn’t at Yale at the time of the alleged in- repeatedly assured his supporters investigation and with legal issues cident—that might merit the FBI’s further about that agenda and promised them arising from that investigation poten- investigation,’’ wrote Berchem. NBC News that he would only appoint Justices to has received no response to attempts to con- tially headed to the Supreme Court and the Supreme Court who would overturn tact Yarasavage. with Brett Kavanaugh’s having articu- Roe v. Wade and the Affordable Care Mr. MARKEY. Madam President, I lated strong views about shielding a Act. Let me restate that. Donald sitting President from criminal pro- rise to speak in opposition to the nomi- Trump promised that he would only ap- ceedings, his confirmation is a con- nation of Judge Brett Kavanaugh to point Justices to the Supreme Court stitutional crisis in the making. It is serve as an Associate Justice on the who would overturn Roe v. Wade and U.S. Supreme Court. the Affordable Care Act. no coincidence that a President who The vacancy that Judge Kavanaugh As to Brett Kavanaugh, the promises fears the long arm of the law would seeks to fill is not an ordinary one. The that Donald Trump and the Federalist nominate to the Supreme Court a ju- retirement of Supreme Court Justice Society made were backed up by rist who would keep him from its Anthony Kennedy created one of the Kavanaugh’s judicial record on the DC reach. most consequential vacancies on the Circuit. Brett Kavanaugh has left a lengthy High Court that this country has ever As a Federal appeals court judge, paper trail on all of these hot-button seen. There is a reason why scholars Brett Kavanaugh wrote a dissenting issues. That is why President Trump and pundits refer to the Supreme Court opinion that questioned Congress’s au- and his allies closed ranks and fought of the last 30 years as the ‘‘Kennedy thority to enact the Affordable Care to keep so much of his record hidden Court.’’ His influence on so many im- Act and suggested that the President from the American public. Despite re- portant cases cannot be overstated. could choose not to enforce it. peated requests from Senate Demo- Throughout his three decades on the Judge Kavanaugh would have crats for documents relating to Brett Supreme Court, Justice Kennedy was blocked a lower court’s order allowing Kavanaugh’s service in the Bush White often the swing vote in decisions de- an undocumented minor to safely and House, we—the Members of the Sen- cided 5 to 4 on a divided Bench. After legally terminate her pregnancy. ate—have only seen 7 percent of those John Roberts became Chief Justice in Judge Kavanaugh supported employ- records that were, in fact, part of 2005, Justice Kennedy was the deciding ers who sought to deny their employees Kavanaugh’s record inside the Bush vote in 92 percent of all cases decided access to contraception. White House, and only about half of

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A06OC6.008 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6673 that 7 percent are available to the pub- traumatic experience of sexual assault. lose. No reasonable, open-minded per- lic. Dr. Blasey Ford did not want to share son could have listened to Dr. Blasey To put it another way, no Senator this painful story with the American Ford and concluded anything other has seen 93 percent of all of Brett public. She did not want to have her than that she is telling the truth about Kavanaugh’s work in the White House. life upturned and picked apart. She did what happened between her and Brett That work includes reflections on his not want to subject her family to har- Kavanaugh. views on the detention of enemy com- assment and death threats. She did not Yet there are two sides to every batants, interrogation techniques and want the President of the United story. What about the other side of the the use of torture, warrantless wire- States to shamefully and appallingly story? What did Judge Brett tapping, and the banning of same-sex mock her at a political rally, but she Kavanaugh have to say about it after marriage. came forward anyway. She came for- we heard Dr. Ford testify before the We on the Senate floor—and as we ward because she believed it was her Judiciary Committee? It was Judge cast a vote today—do not have access civic duty to do so. Kavanaugh’s turn. What did we hear to any of those documents that he From the beginning, it was clear that from Judge Kavanaugh? We heard worked on while he served in the Bush her allegations were credible. She had anger. We heard belligerence. We heard White House. How can we give advice recounted the painful experiences to evasiveness. We heard disrespect. before we vote on consent if we can’t her husband, in couples’ counseling, Judge Kavanaugh’s testimony before even gain access to the documents years before Brett Kavanaugh was ever the Judiciary Committee reinforced which he himself handled in the Bush considered for the Supreme Court— the old concerns about his credibility. White House and which he himself may something her therapist’s contempora- He gave answers about his behavior in have commented upon during the time neous notes corroborate. Three days high school, about supposed drinking they were being considered? We have before Brett Kavanaugh was nomi- games, and about his yearbook page no access to it. Ninety-three percent of nated, while his name was publicly in that simply defy credulity. Recent re- all of the documents are not available play for the Supreme Court, Dr. Blasey ports from those who knew him in high to the Members of the Senate. Even Ford reached out to her Congress- school and college contradict his asser- though there are reams of paper detail- woman in the hope that she could help tions that he was never aggressive or ing Brett Kavanaugh’s involvement in inform President Trump as he decided belligerent after drinking or that the these issues, his record on them re- on a nominee to fill Justice Kennedy’s terms he used in his yearbook had the mains a blank slate for Senators. seat. meanings as ascribed to them before To summarize, even before the events Dr. Blasey Ford took a polygraph the Judiciary Committee. of the last 3 weeks, we knew a lot of test to prove that she was truthful, and In fact, in a letter Judge Kavanaugh things about Brett Kavanaugh and yet, she only shared her story publicly himself wrote in 1983 that surfaced at the same time, shockingly little when reporters made it untenable to after his testimony, he described him- about Brett Kavanaugh. We knew we remain silent. Every detail shows Dr. self and his friends as ‘‘loud, obnoxious had a blatantly partisan person, but as Blasey Ford to be consistent, honest, drunks.’’ you are trying to be nominated for the and trustworthy. As hard as it was for The point is not that Brett Supreme Court, we—the Senators and her, Dr. Ford did our country an in- Kavanaugh engaged in questionable be- the American public—have a right to valuable service by coming forward, havior in high school. The point is he know what you think about issues. testifying before the Senate, and tell- was not honest about it with the Judi- That is why every preceding nominee ing the entire country her story. ciary Committee under oath at his con- had to provide all of the documenta- Her testimony was powerful. It was firmation hearing. The point is he was tion, with the notable exception of heart-wrenching. When she spoke of not credible. The point is he misled the Brett Kavanaugh, who is denying us 93 her strongest memory of the assault— Judiciary Committee. As my col- percent. the laughter of the two boys as Brett leagues framed the issue yesterday, the This is happening with the acquies- Kavanaugh pinned her down—we felt point is that if we are assessing wheth- cence of the Trump White House and her profound pain. When she spoke of er Dr. Ford’s allegations satisfy a the Republican leadership here in the Brett Kavanaugh’s covering her mouth more-likely-than-not standard, they do Senate. No Member of the Senate, as she tried to scream, we felt her vis- and do so easily. The point is that Democrat or Republican, knows what ceral fear. For countless women and Judge Kavanaugh showed an alarming is in the 93 percent of all of the papers. men across the country whose experi- lack of judicial temperament in ad- No one knows. It is a deliberate cover- ences mirror that of Dr. Blasey Ford’s, dressing those issues. up of all of those documents so that we this testimony was their voice. For Don’t take my word for it. Consider cannot know, so that the public cannot many of them, Dr. Blasey Ford’s brav- what Judge Brett Kavanaugh has to know. So we begin with that—the 93 ery gave them the courage to come for- say. What would Judge Brett percent of all of his records in the ward with their own stories of sexual Kavanaugh say about Supreme Court White House that are not accessible to assault. nominee Brett Kavanaugh’s appearance us even though this nominee is given On the day of her testimony, my of- before the Judiciary Committee? to us from this White House. We know fice received over 100 calls from sur- Well, in 2015, Judge Brett Kavanaugh a lot, but there is much, much more vivors who courageously shared with gave a speech at the Catholic Univer- that we do not know. my staff the painful details of their sity on what makes a good judge. He We knew that we had a Federalist own assaults. Many of these men and set forth litmus tests for a good Society-approved nominee who would women were telling their stories for judge—the characteristics and quali- overturn Roe and the Affordable Care the first time. Women have stopped me ties he or she must have. Here is what Act. We knew we had a President with at the airport and on the street to tell he said then. Brett Kavanaugh said: a vested interest in finding a future me their stories. ‘‘First and obviously, a good judge, like Justice who could shield him from Dr. Ford has given them the counsel a good umpire, cannot act as a par- legal jeopardy, and we knew that there to come forward so they can share tisan.’’ He went on to say that it is was much else we didn’t know because their own experiences. Dr. Ford’s cour- very important for a judge ‘‘to avoid that 93 percent was being hidden from age opened a wellspring of emotion. I any semblance of that partisanship, public scrutiny. All of these reasons applaud her. We owe her a deep debt of that political background.’’ Yet in his alone were enough to warrant a ‘‘no’’ gratitude. She was a role model for all opening statement to the Judiciary vote on Judge Kavanaugh’s lifetime ap- of us, for the children of the country, Committee—his opening statement— pointment to the Supreme Court. and for future generations. She has Judge Kavanaugh launched into a na- Then we learned of Dr. Christine given new meaning to what it means to kedly partisan screed. He blamed Blasey Ford. Dr. Blasey Ford bravely be a good citizen. Democratic Senators for a conspiracy came forward to tell us about the Brett Dr. Ford was compelling. She was to destroy his nomination. He called Kavanaugh she knew. She came for- convincing. She was courageous. She the recent allegations against him a ward to share a deeply personal and had nothing to gain and everything to part of some ‘‘revenge of the Clintons.’’

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.046 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6674 CONGRESSIONAL RECORD — SENATE October 5, 2018 He told the Democratic Senators on to compete with each other to get harm a Supreme Court that has not re- the dais that ‘‘what goes around comes pages of the report from the hands of covered from Judge Neil Gorsuch join- around,’’ making an unvarnished polit- their colleagues, read them, and digest ing the Court after Senate Republicans ical threat. That was in his opening them before the clock ran out on the 1 stole that seat from Judge Merrick statement to the Judiciary Committee. hour we were given to read the report. Garland. Confirming Judge Kavanaugh Judge Kavanaugh failed his own test of It was the single most absurd thing I to the Supreme Court will further partisanship. have experienced in my time in Con- erode and undermine the Court’s legit- Next, in his 2015 Catholic University gress. imacy and continue to diminish the speech, Judge Kavanaugh said: ‘‘[I]t is Sadly, it was entirely consistent with American people’s trust in it. critical to have the proper demeanor.’’ the manner in which the Senate Repub- The Supreme Court of the United Judge Kavanaugh added that it is im- licans have handled this nomination States deserves better than Brett portant for judges ‘‘to keep our emo- throughout the confirmation process. Kavanaugh. The American people de- tions in check, and be calm against the That is because the White House and serve better. Our democracy deserves storm.’’ the Senate Republicans weren’t inter- better. Anyone watching Judge Kavanaugh’s ested in getting to the truth. They I will therefore vote no on the nomi- testimony before the Judiciary Com- were interested in covering it up and nation of Judge Kavanaugh to serve as mittee saw just the opposite. Judge ramming through Judge Kavanaugh’s an Associate Justice on the Supreme Kavanaugh was angry, emotional, and nomination. Court of the United States, and I urge belligerent. What we saw was a per- They have gone so far as to stoke my colleagues to vote no as well. formance we would expect from a judge claims that Dr. Ford’s supporters have Thank you. on the ‘‘People’s Court,’’ not on the Su- an ulterior motive and that Dr. Ford is I suggest the absence of a quorum. preme Court of the United States. being used for political reasons. It The ACTING PRESIDENT pro tem- Judge Kavanaugh failed his own test seems that many of my Republican col- pore. The clerk will call the roll. for judicial temperament. leagues just cannot bring themselves The senior assistant legislative clerk Finally, in his 2015 Catholic Univer- to believe a woman’s account of a sex- proceeded to call the roll. sity speech, Judge Kavanaugh coun- ual assault and that other women and Mrs. SHAHEEN. Madam President, I seled that a good judge ‘‘must dem- men would rise up in support of her. It ask unanimous consent that the order onstrate civility.’’ Yet in his appear- is shameful that people think this is for the quorum call be rescinded. ance before the Judiciary Committee, what has occurred. It is just shameful. The ACTING PRESIDENT pro tem- Judge Kavanaugh impugned the mo- Article III of the Constitution says pore. Without objection, it is so or- tives of Democratic Senators. He was that a Supreme Court Justice ‘‘shall dered. rude. He interrupted questions. He hold their Office during good behav- The Senator from New Hampshire. went so far as to ask my colleague Sen- ior.’’ That is the standard after some- Mrs. SHAHEEN. Madam President, I ator KLOBUCHAR whether she ever one serves on the Supreme Court. What come to the floor to join so many of blacked out from drinking—an affront this body has been unwilling to do is to my colleagues in expressing my opposi- by a nominee who was there to provide actually determine whether Judge tion to Brett Kavanaugh’s nomination answers, not to ask questions. Brett Kavanaugh has engaged in good behav- to serve as an Associate Justice on the Kavanaugh failed his own test of civil- ior before he is put on the Court. They Supreme Court. ity. have truncated that process. They have As the highest Court in the land, the That is why more than 2,400 law pro- made it impossible for us to get to the Justices on the Supreme Court are fessors have written to the Senate and bottom of that truth. tasked with the enormous responsi- told us ‘‘Judge Brett Kavanaugh dis- The Republicans control this Cham- bility of interpreting and protecting played a lack of judicial temperament ber. They control the schedule. They the fundamental constitutional rights that would be disqualifying for any have rushed to judgment on Brett that are guaranteed to all Americans. court, and certainly for elevation to Kavanaugh in order to confirm him be- Its decisions are not abstract legal the highest Court of this land.’’ fore the midterm elections. principles that are reserved for a few. That is why former Supreme Court They have 51 votes to confirm anyone Its decisions affect the rights of all of Justice John Paul Stevens took the ex- they want. The Democrats do not con- us. They touch on issues that affect all traordinary step of stating publicly trol this Chamber. The Republicans of our daily lives—from the healthcare that Judge Kavanaugh’s performance have 51 votes. If they wanted to bring we receive to the person we can marry, at his qualification hearing disquali- in someone else who did not have these to the air we breathe. These are signifi- fied him from serving on the Supreme problems, they could have done it any- cant stakes that we face when consid- Court. time. They could do it today. ering any nominee to serve on the Su- Let me say this: Brett Kavanaugh is Some say we have no power to stop preme Court. not entitled to a job on the Supreme the Republicans from confirming a Jus- Weeks ago, I announced my opposi- Court—no one is—but the American tice this year—no power. That is abso- tion to Judge Kavanaugh’s nomination people are entitled to the truth. Presi- lutely untrue. What the Republicans based on concerns I had with his dent Trump and the Senate Repub- have in their power, however, is to record. Even though—as Senator MAR- licans have kept it from them. nominate someone—even today—who is KEY pointed out so eloquently—we The FBI background investigation worthy of serving on the Supreme haven’t gotten to see a lot of that that was reopened after Dr. Blasey Court. record, we have enough to know that I Ford’s testimony was not a real inves- We know they want a Supreme Court have very serious concerns about Judge tigation. It was a figleaf to cover for Justice who would overturn Roe v. Kavanaugh. I want to talk about a cou- Republicans with concerns about Judge Wade. We know they want a Supreme ple of those and actually highlight Kavanaugh. Court Justice who will take away three concerns. The FBI interviewed only nine wit- health insurance coverage for pre- First is his opposition to the Afford- nesses. Unbelievably, Dr. Blasey Ford existing conditions. We know they able Care Act. I believe all Americans and Judge Kavanaugh were not among want a Justice who will oppose any gun in this country—everyone in this coun- the people interviewed by the FBI. The control, and we know they want a Su- try—should have access to healthcare, FBI was forced to ignore countless preme Court Justice who will not ques- healthcare they can afford so they leaks or not to follow up on them. tion Donald Trump or let him be inves- don’t have to worry when they take Then Senators were given 1 hour to re- tigated. their kids to the doctor, so they don’t view the results of the so-called inves- If Brett Kavanaugh is confirmed, it have to worry about being bankrupt tigation. will further harm a Supreme Court because they can’t afford the costs, and I was locked in a secure room with 17 that has never fully recovered from so they don’t have to worry if they de- Senators, and there was one copy of Bush v. Gore—the partisan decision velop a serious illness. Yet Judge the FBI report for all of us. It was like that threw the 2000 Presidential elec- Kavanaugh dissented in a decision to a bad game show, where Senators had tion to George W. Bush. It will further uphold the Affordable Care Act, and as

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.047 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6675 a result of that decision, he puts crit- Christine Blasey Ford shared her story. ual assaults—how it has affected them; ical protections for millions of Ameri- Her testimony in front of the Judiciary how it has affected their lives; the fact cans with preexisting conditions at Committee was sincere and credible, that, in most cases, they didn’t tell risk. and I believe her. anybody because they didn’t feel they It is particularly concerning now, The impact of Dr. Ford’s testimony would be believed or they thought they when we know there is a court case in is very telling about the pervasiveness would be demeaned or they thought it Texas which the Government of the of sexual violence in our culture. The was their fault. United States has declined to continue allegations made by Christine Ford and What has been interesting to me in to defend that puts at risk the require- others were serious and trustworthy, those letters and emails has been that ment that insurance companies cover and I believe they should have been so many of the people we have heard those with preexisting conditions. thoroughly and impartially inves- from have not just told their personal You can talk about trying to bandaid tigated, and they were not. stories, but they have expressed their over that any way you want, but the But on the positive side, Dr. Ford’s concerns about the country as part of fact is, unless we have a real bravery has given so many women in writing in—concerns that we are so di- healthcare program, as we have under this country the courage to tell their vided, that we are so angry, that we are the Affordable Care Act, insurance stories. She gave others courage, and so uncivil to one another. Sadly, they companies are not going to cover peo- we have seen an outpouring from sur- are right, based on what they have seen ple with preexisting conditions, and vivors who now feel as though they, over the last couple of weeks. We have they are going to charge you more if too, can come forward. seen that at political rallies over the they do cover you. Senator MARKEY talked about the past few years, and we have seen it in Second, I am very concerned about number of people that he has heard this building. We must do better. The his opposition to women’s reproductive from in his office, and I have heard disunity that we model here is hurting rights. Judge Kavanaugh has praised that same story time and again from so the country. The scorched-earth poli- Justice Rehnquist’s dissent in the land- many of my colleagues. We are cer- tics that have been practiced here are mark Roe v. Wade decision that guar- tainly seeing this in New Hampshire. deepening our divide. antees women’s rights to make their The Sexual Harassment and Rape Pre- I will oppose Judge Kavanaugh’s own reproductive decisions. I believe vention Program, which is also called nomination, and I continue to hope that is one of the most basic and funda- SHARP—a program at the University that something may happen at the mental rights we have, not just as of New Hampshire that provides serv- eleventh hour; I know that is not like- women but that families have. Women ices and support to sexual assault sur- ly. But I also will encourage my col- should be able to make that decision in vivors—reported an increase in people leagues on both sides of the aisle to consultation with their families, with reaching out for help. I have heard think about this moment, to reflect on their physicians, according to their re- from crisis centers across the Granite our obligations to the American peo- ligious beliefs, and this should not be State that have fielded an influx of ple, to the U.S. Senate, and to consid- something the government dictates. calls from survivors who can relate to ering future Supreme Court nominees. Yet Brett Kavanaugh suggests this fun- Dr. Ford’s testimony and who feel com- So many people have said that this damental basic right is up for consider- pelled to speak out. process has undermined the faith of the ation. On Tuesday, I spoke with the New American people in the ability of the Finally, I have a serious concern Hampshire Coalition Against Domestic Supreme Court to be an objective arbi- about Judge Kavanaugh’s view of exec- and Sexual Violence, which told me ter of cases that come before them. utive branch power that could place that they have seen similar reactions This process has inflamed existing di- the President above the law. with survivors who are now stepping vides within our country and within Judge Kavanaugh has said that sit- forward—women and men whose trau- Congress, and we can’t let this become ting Presidents can’t be indicted, can’t ma of sexual assaults has been revived the status quo. As an institution, as a be prosecuted, and should have the au- by Christine Ford’s testimony. legislative body, we must be better thority to fire a special counsel at will. Like my colleagues, I have received than this. Well, with the Mueller investigation, letters from sexual assault survivors I have always been told that when we with so many concerns that have been who have been deeply affected by Dr. are standing at the edge of an abyss, raised about this President’s manipula- Ford’s testimony and whose courage the best step is always backward. So I tion of laws that have allowed him to has given them the strength to share hope all of us can take a step back. I enrich himself and his company, where their own stories. What has been amaz- hope we can take a step back when we he has been suggesting that he may ing to me as I have read them, when I are past this nomination, that we can fire the Attorney General because he is have heard from people who have con- return to a more civil discourse. I hope not willing to do his bidding at the tacted our office, is that some of them that we can better try to understand Justice Department—I just don’t see are in their seventies and eighties, and each other’s points of view and that we how we can put somebody on the Su- they reveal decades-old sexual assaults can see each other’s humanity. I hope preme Court who thinks that the Presi- for the very first time. that we can be better stewards of our dent is above the law. These wounds are real. The wounds democracy because this country de- As I have learned American history are raw. And it is incumbent on all of mands it. and our Constitution and our values us in this body—regardless of where Thank you, Madam President. and principles, I believe that nobody is you stand on Brett Kavanaugh—it is I suggest the absence of a quorum. above the law in our democracy, in- incumbent on all of us to not deepen The ACTING PRESIDENT pro tem- cluding the President of the United those scars by diminishing the pain of pore. The clerk will call the roll. States, and I think we need a Supreme these women as political theater. This The senior assistant legislative clerk Court Justice who believes the same is not political theater, and it should proceeded to call the roll. thing. Yet what we have heard from not be viewed through a partisan lens. Mr. BROWN. Madam President, I ask Judge Kavanaugh suggests that he In those emotional emails and calls unanimous consent that the order for thinks the President is above the law. and letters from dozens of women and a the quorum call be rescinded. At the time I announced my opposi- few men—I think sometimes we forget The ACTING PRESIDENT pro tem- tion to the nominee, we had not heard that sexual assault doesn’t just happen pore. Without objection, it is so or- the allegations of sexual assault to women; it happens to men—they dered. against Judge Kavanaugh. In the weeks have described their sexual assaults Mr. BROWN. Madam President, I an- since those allegations have come out, and how they have been affected by the nounced my decision to vote against this Senate, this country, have been events of Christine Ford’s testimony Judge Kavanaugh several weeks ago, rocked by those allegations. I was one and the hearing with Judge after meeting with him and after of the many millions of Americans Kavanaugh. In so many of those letters studying his record, because he essen- throughout the country who tuned in and emails, they talk about the details tially put his thumb on the scale in to closely watch that hearing when of what they experienced in those sex- support of corporate interests. He has

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.048 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6676 CONGRESSIONAL RECORD — SENATE October 5, 2018 consistently sided with corporate spe- over the lives of everyone in my State. Its rulings and positions on the cial interests, large corporations that Any nominee must defend the rights of rights of Ohio workers and women and outsource jobs over workers, and has all Americans to have comprehensive consumers would take us in exactly the sided with Wall Street over consumers. healthcare coverage and make their wrong direction. His nomination comes I made that decision before Dr. Ford own healthcare decisions, must defend when the stakes for working Ohioans came forward, but I am grateful for the rights of Americans to collectively couldn’t be higher. He will talk about her. I am grateful she did, even at bargain for safe workplaces and fair settled law, but settled law is only set- great personal cost and personal risk. I pay. tled—again, I am not a lawyer, but this believe Dr. Ford. Why in the world I don’t think my colleagues really is pretty obvious. Settled law is only would someone do what she said— understand the process of collective settled until the Supreme Court says it again, at great personal cost and great bargaining. I am working on a bipar- isn’t. We know it with voter rights; we personal risk—if she weren’t telling the tisan basis with a number of our col- know it just recently with worker truth precisely? I am grateful to her. I leagues on a pension bill right now. I rights. don’t know that our colleagues here am grateful for all of the brave women Last term, the Court issued a string understand that people—when it comes inspired by her to speak out and share of anti-worker decisions. In Janus v. to pensions, they sit down at the bar- their own stories. A number of them AFSCME, the Court overturned dec- have written to my office. A number of gaining table, and they give up wages today so they will have a secure retire- ades of precedent—oh, yeah, settled them I have spoken to on the phone. law—and limited the ability of public Some of them told us for the first time ment. I am concerned about this Su- preme Court’s rejection, potentially, of sector unions to advocate for the work- in their lives, after—one woman was in ers they serve. This is a Supreme Court her seventies, and it was the first time collective bargaining rights and safe workplaces and fair pay and fair bene- that almost always sides with corpora- she had spoken of her sexual assault. tions over unions, with corporations Please understand, all of the people, fits. I am concerned about this Court in terms of protecting American workers over workers, with corporations over all of the women and men—I have got- consumers. ten letters from men, too, but mostly and American consumers from dis- crimination and, shall we say, Wall The decision in Epic Systems Corp v. women—understand. To all of you all Lewis limited the ability of workers to over the country: We see you. We hear Street greed. I am troubled already by the Su- have their day in court when they are you. Your story matters, and you make preme Court’s recent decisions strip- mistreated by their employer. The a difference. ping rights from Ohioans on many power already rests with employers on It is wrong that political influence issues. That is why I met with Judge all of these kinds of worker-employer and artificial deadlines put on them, Kavanaugh before I made my decision issues. This Court wants to make it imposed by the majority leader down earlier this summer and why I asked worse. Judge Kavanaugh’s record shows the hall and the President of the him about his views on the issues that that he will accelerate that direction. United States—artificial deadlines and matter to Ohioans. I reviewed his This Court has proved time and again political influence prevented the FBI record. I am not a lawyer, but I pay a that it stands on the side of powerful from performing the complete and lot of attention to these issues. I corporations, not American workers. thorough investigation the American looked at these decisions, and I lis- We know what has happened in this people deserve. Instead, Senate leaders tened to Ohioans who weighed in. It country. We know that profits have and the White House straightjacketed was clear that I could not support gone up. We know that executive com- the FBI. Judge Kavanaugh’s nomination to our I don’t blame the FBI. They only did pensation has exploded. We know that highest Court, again, because he puts what Senate leaders—what Republican productivity is up for workers, but we his thumb on the scale of justice, al- leaders who wanted to ram this nomi- know that workers’ wages have been ways with a bias toward corporate in- stagnant. So the top 1 percent or 5 per- nation through as quickly as possible terests over workers, over consumers. and the White House, which would cent—they are doing great. They get On healthcare, you have heard Sen- big tax cuts. They get stock dividend never want to compromise on anything ator SHAHEEN, Senator MARKEY, Sen- like this—they straightjacketed the buybacks. They get all kinds of breaks. ator HASSAN; I listened late last night. The fact is, workers have seen their FBI. They kept our law enforcement You have heard them talk about pre- professionals from doing their job. wages stagnate. This Court will make existing conditions. This Court is mov- it worse. According to Dr. Ford’s lawyer, the ing toward saying to the health insur- FBI didn’t even speak to more than a There are several cases next term ance industry: You can cancel the in- where the Court has the power to fun- dozen witnesses that Dr. Ford asked surance of people with preexisting con- damentally tip the balance of power them to interview. They are trying to ditions. even further toward corporations— corroborate whether her story was For 10 years, we have had consumer true, but the FBI then didn’t interview protections. If you are a cancer sur- cases like Lamps Plus Inc. v. Varela, in Dr. Ford or Judge Kavanaugh, nor did vivor, if you have asthma, as my wife which the Court could rule on whether they interview the people Dr. Ford sug- had at a young age and has continued a worker can file a class action suit gested to them, the names that Dr. to manage her asthma well—and she against an employer that violates her Ford gave them, people who could cor- has said very publicly that we can talk privacy and releases personal informa- roborate what happened. So the FBI about this—or if you have Parkinson’s tion to the public. An individual work- did not interview any of the people or any other preexisting condition— er never has the power or the money to that Dr. Ford asked or Dr. Ford herself. heart disease or high blood pressure— hire an attorney to take on these com- Then my colleagues say that there is you are protected from the insurance panies. That is why workers need to no corroborating evidence, so she company canceling your insurance. band together to take on a powerful didn’t do it, so we have to believe That has been the law for 10 years. company, a powerful employer, a pow- Judge Kavanaugh. That is their logic: That law is under duress. erful corporation. The investigation—again, not because If this body votes to confirm Judge In another case, New Prime Inc. v. the FBI didn’t want to do it right but Kavanaugh today, it means that 5 mil- Oliveira, the Court will decide whether because of what leadership, what polit- lion Ohioans—almost half of the people a worker who was misclassified as an ical leadership, elected officials and bu- in my State have a preexisting condi- independent contractor can bring a reaucrats in the White House and the tion. It means they should be con- class action lawsuit, whether the Fed- Senate did to prevent the FBI from cerned that this Supreme Court will eral Arbitration Act applies to an inde- doing its job—that is why that was a take away those consumer protections pendent contractor agreement. In scam. and will say to the insurance company: other words, this Court has already So what really matters here? It real- You can cancel somebody if they get moved in the direction—as this Con- ly matters that we listen to women. It expensive. You can cancel somebody’s gress did, by one vote, if I recall—of also really matters because the Su- insurance if you find out they had can- giving corporations more power, in preme Court has enormous influence cer. You can do all those things. saying to employees: Sorry, you don’t

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G06OC6.050 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6677 get your day in court. Again, employ- Without these protections, insurance There being no objection, the mate- ees individually don’t have the finan- companies will once again be free to rial was ordered to be printed in the cial wherewithal to be able to go to charge you five times the rate of your RECORD, as follows: court and hire a lawyer, but if the em- neighbor. If you are sick, if you have OCTOBER 5, 2018. ployees band together, they can. That neighbors on both sides who aren’t, STATEMENT BY DEBRA S. KATZ, LISA J. BANKS is what the issue of forced arbitration they will raise your rates because you AND MICHAEL R. BROMWICH, ATTORNEYS FOR is about. That is what Judge are sick, if they have their way. We DR. CHRISTINE BLASEY FORD Kavanaugh has consistently been can’t risk it. You are lucky enough to As the Senate debates the nomination of wrong about. be well; your neighbor is diagnosed Brett Kavanaugh, numerous false claims I have looked at his record. It is with high blood pressure; the other have been repeated to undermine the credi- clear, we can’t trust him to stand with neighbor, their child has epilepsy, and bility of Dr. Christine Blasey Ford. Whatever Ohio workers in any of these cases. He their rates get raised, but yours don’t, the outcome, Senators deserve to know the has opposed basic protections for work- all because Judge Kavanaugh and this truth: 1. An FBI investigation that did not in- ers trying to hold employers account- Court and this Congress seem to want clude interviews of Dr. Ford and Judge able—cases like AFGE v. Gates. He has it that way. We can’t risk Ohio fami- Kavanaugh is not a meaningful investigation consistently ruled against claims of lies not having access to care by send- in any sense of the word. worker discrimination and worker safe- ing him to the Supreme Court. 2. Had the FBI interviewed Dr. Ford, she ty violations. He has consistently ruled It is not just on preexisting condi- would have answered questions about Judge against workers who stand up to cor- tions where he would pose a threat to Kavanaugh’s assault, including questions porate mistreatment in cases like Ohio’s healthcare. Dozens of cases that Ms. Mitchell and the Judiciary Com- Verizon New England v. National pending in lower courts could deter- mittee members failed to ask during the hearing. She would have provided corrobo- Labor Relations Board. mine the price you pay for healthcare rating evidence, including her medical His nomination also poses a serious over the next few years or whether you records and access to the phone from which threat to the 5 million Americans get care at all. Again, if the price is so she sent messages to a reporter about the as- under age 65 with preexisting condi- high, it is the same as denying you sault prior to his nomination to the Supreme tions. Again, that is half of my State. care because you can’t afford it. There Court. If you meet a 40- or a 50-year-old—if are cases on everything from false ad- 3. The suggestion that our refusal to give you are in almost any group, you sit vertising by insurance companies to medical records to the Judiciary Committee there and you look to your right and whether your employer is required to bears on Dr. Ford’s credibility is completely you look to your left, one of those two false. The Committee has released every doc- give you access to healthcare. ument we have exchanged, and in the case of people, on average, is going to have a Of course, we know that the stakes their letters to us, sometimes before we re- preexisting condition. Is their insur- are particularly high for women. That ceived them. We lost confidence in the Com- ance going to be jeopardized? It is with was true before Dr. Ford courageously mittee’s ability or desire to maintain the this Congress, which wants to do this, came forward. It remains true. We confidentiality of materials and information and this Supreme Court and this Presi- can’t risk the ability of Ohio women to we provided, especially with respect to some- dent want to strip away the consumer make their own personal private health thing as sensitive as medical records. protections for people with preexisting decisions between themselves and their 4. Dr. Ford wanted to detail the events of conditions. doctors by giving a lifetime appoint- the sexual assault by Judge Kavanaugh di- They want to give the insurance rectly to members of the Judiciary Com- ment to a judge who has shown re- mittee. Dr. Ford was timely provided with companies the right to cancel your in- peated hostility to women’s healthcare all communications from the Majority’s surance. Oh, you have cancer? You cost freedom. staff and chose from the multiple options she us a lot. I am the insurance company; We know the promises President was given by them. At the hearing, Dr. Ford you cost us a lot. I am going to cancel Trump made when he was a candidate, understood Senator Grassley’s comment to your insurance then because you cost saying that he would put somebody on be that he personally would have flown to us too much money. You can’t do that the Supreme Court who would overturn California to speak with her. She would have under present law. You can’t do that Roe v. Wade. We know the list of welcomed Senator Grassley and other Com- because of the Affordable Care Act. judges he chose from, and the Fed- mittee members to California but that was They will be able to do it if Judge eralist Society had that same commit- not one of the options offered by Committee staff. Kavanaugh gets on the Court because ment to overturn Roe v. Wade. Any- 5. At no time did members of Dr. Ford’s you can bet the Court is moving in body in this body that thinks the judge team advise Committee staff that she could that direction. is promising that this is settled law not travel to Washington, D.C. because of Consumer protections are under at- ought to use the cliche that I have a her fear of flying. Rather, staff was told that tack in our court system right now bridge to sell you. It is clear what he is Dr. Ford could not travel on the schedule the with the case of Texas v. United going to do if he is on the Court. Committee demanded because she was fo- States. It is likely going to make its This whole issue, this whole vote, cused on taking measures to protect her way to the Supreme Court, and Judge this whole nomination comes down to family from threats, including death threats. Kavanaugh’s record on healthcare this: Whose side are you on? Are you a Those measures included meeting with the FBI to report these disturbing threats. In gives us a pretty darned good clue how judge who stands on the side of work- fact, Dr. Ford does have a decades-long fear he would rule. ers or multinational corporations? Will of flying for which she takes medication pre- He refused to uphold the entire law you stand on the side of a mother seek- scribed by a physician, but this had no im- that is constitutional—a law that says ing treatment or on the side of insur- pact on the timing of her testimony. if your child has diabetes or your ance companies who want to raise her 6. Committee staff repeatedly rejected our mother has asthma, the insurance com- rates to deny her care? requests for multiple corroborating wit- panies can’t raise your costs or turn Judge Kavanaugh’s record is clear. nesses to be allowed to testify, including them away. He has consistently sided with the Jeremiah Hanafin, the highly experienced This is about the cost of health in- most powerful special interests in this former FBI agent who administered the poly- graph to Dr. Ford on August 7, 2018. He was surance. It is about saying all of us country—not American workers, not also prepared to cooperate with the FBI’s in- want good insurance. All of us want to American consumers, not American pa- vestigation, including making the under- be able—nobody wants to get sick. No- tients who struggle with the cost of lying polygraph results and process avail- body wants to have high healthcare their healthcare. The stakes for Ohio able. Had Mr. Hanafin been permitted to tes- costs. The reason we have insurance is are too high to give this judge a life- tify or been interviewed by the FBI, he so that people who get sick can make time appointment to our highest would have explained that his conclusions of sure they keep their insurance and can Court. ‘‘no deception’’ were validated by four inde- have help. But the insurance compa- Mr. President, I ask unanimous con- pendent outside reviewers. There were seven nies—if they get their way now, they sent that several documents corrobo- people whom Dr. Ford told about the assault prior to the nomination who could have tes- may not deny you care if you have can- rating Dr. Ford’s allegations against tified to the Committee or been interviewed cer; they will just raise your rates so Judge Kavanaugh and a statement by the FBI. high that you will not be able to afford from Dr. Ford’s attorneys be printed in In her testimony, Dr. Ford said: ‘‘It is not it. There really is no difference. the RECORD. my responsibility to determine whether Mr.

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Kavanaugh deserves to sit on the Supreme TUESDAY, JULY 10, 2018 3. We met when I was coaching their son’s Court. My responsibility is to tell the 8:03 AM: Dr. Ford—Been advised to contact baseball team. Our children are close friends truth.’’ senators or NYT. Haven’t heard back from and have played sports together for years. I We believe Christine Blasey Ford and we WaPo. have spent a lot of time with Christine and fully support her. Senators claiming to want 9:21 AM: Washington Post—I will get you her husband traveling to and attending our a dignified debate should not repeat lies con- in touch with reporter kids’ games. Our families have also gone on structed by the Judiciary Committee that vacation together. were cynically designed to win support for DECLARATION OF RUSSELL FORD 4. The first time I learned that Christine Judge Kavanaugh. I, Russell Ford, hereby state that I am over had experienced sexual assault was in early eighteen (18) years of age, am competent to summer of 2016. We were standing together JULY 30, 2018. testify, and have personal knowledge of the in a public place watching our children play Confidential following facts: together. 1. I have a Master of Science degree and a 5. I remember the timing of the conversa- Senator DIANNE FEINSTEIN. Doctor of Philosophy degree in mechanical tion because it was shortly after Stanford DEAR SENATOR FEINSTEIN: I am writing engineering from Stanford University. University student Brock Turner was sen- with information relevant in evaluating the 2. I have been married to Christine Blasey tenced for felony sexual assault after raping current nominee to the Supreme Court. As a Ford since June 2002. We have two children. an unconscious woman on Stanford’s cam- constituent, I expect that you will maintain 3. The first time I learned that Christine pus. There was a common public perception this as confidential until we have further op- had any experience with sexual assault was that the judge gave Mr. Turner too light of portunity to speak. around the time we got married, although a sentence. Brett Kavanaugh physically and sexually she did not provide any details. 6. Christine expressed anger at Mr. Turn- assaulted me during High School in the early 4. Christine shared the details of the sexual er’s lenient sentence, stating that she was 1980’s. He conducted these acts with the as- assault during a couple’s therapy session in particularly bothered by it because she was sistance of his close friend, Mark G. Judge. 2012. She said that in high school she had assaulted in high school by a man who was Both were 1–2 years older than me and stu- been trapped in a room and physically re- now a federal judge in Washington, D.C. dents at a local private school. The assault strained by one boy who was molesting her 7. Christine did not mention the assault to occurred in a suburban Maryland area home while another boy watched. She said she was me again until June 29, 2018, two days after at a gathering that included me and 4 others. eventually able to escape before she was Justice Anthony Kennedy announced his res- Kavanaugh physically pushed me into a bed- raped, but that the experience was very trau- ignation from the Supreme Court of the room as I was headed for a bathroom up a matic because she felt like she had no con- United States. short stairwell from the living room. They trol and was physically dominated. 8. On June 29, 2018, she wrote me an email locked the door and played loud music, pre- 5. I remember her saying that the in which she stated that the person who as- cluding any successful attempts to yell for attacker’s name was Brett Kavanaugh, that saulted her in high school was the Presi- help. Kavanaugh was on top of me while he was a successful lawyer who had grown up dent’s ‘‘favorite for SCOTUS.’’ laughing with Judge, who periodically in Christine’s home town, and that he was 9. On June 29, 2018, I responded with an jumped onto Kavanaugh. They both laughed well-known in the Washington, D.C. commu- email in which I stated: as Kavanaugh tried to disrobe me in their nity. ‘‘I remember you telling me about him, but highly inebriated state. With Kavanaugh’s 6. In the years following the therapy ses- I don’t remember his name. Do you mind hand over my mouth, I feared he may inad- sion, we spoke a number of times about how telling me so I can read about him?’’ vertently kill me. From across the room, a the assault affected her. 10. Christine responded by email and stat- very drunken Judge said mixed words to 7. The next time she mentioned that Mr. ed: Kavanaugh ranging from ‘‘go for it’’ to Kavanaugh was the person who sexually as- ‘‘Brett Kavanaugh’’ ‘‘stop’’. At one point when Judge jumped saulted her was when President Trump was 11. In all of my dealings with Christine I onto the bed, the weight on me was substan- in the process of selecting his first nominee have known her to be a serious and honor- tial. The pile toppled, and the two scrapped for the Supreme Court. Before the President able person. with each other. After a few attempts to get had announced that Judge Neil Gorsuch was I solemnly swear or affirm under the pen- away, I was able to take this opportune mo- the nominee, I remember Christine saying alties of perjury that the matters set forth ment to get up and run across to a hallway she was afraid the President might nominate in this Declaration are true and correct to bathroom. I locked the bathroom door be- Mr. Kavanaugh. the best of my personal knowledge, informa- hind me. Both loudly stumbled down the 8. These conversations about Mr. tion, and belief. Executed on this 24th day of stairwell, at which point other persons at Kavanaugh started again shortly after Jus- September, 2018. the house were talking with them. I exited tice Anthony Kennedy announced his res- KEITH KOEGLER. the bathroom, ran outside of the house and ignation and the media began reporting that went home. Mr. Kavanaugh was on the President’s DECLARATION OF ADELA GILDO-MAZZON I have not knowingly seen Kavanaugh ‘‘short list.’’ I, Adela Gildo-Mazzon, hereby state that I 9. Christine was very conflicted about since the assault. I did see Mark Judge once am over eighteen (18) years of age, am com- whether she should speak publicly about at the Potomac Village Safeway, where he petent to testify, and have personal knowl- what Mr. Kavanaugh had done to her, as she was extremely uncomfortable seeing me. edge of the following facts: knew it would be emotionally trying for her 1. I have known Christine Blasey Ford for I have received medical treatment regard- to relive this traumatic experience in her over 10 years and consider her to be a good ing the assault. On July 6, I notified my life and hard on our family to deal with the friend. Our children attended elementary local government representative to ask them inevitable public reaction. However, in the school together. how to proceed with sharing this informa- end she believed her civic duty required her 2. In June of 2013, Christine and I met at a tion. It is upsetting to discuss sexual assault to speak out. restaurant that was then called Pizzeria and its repercussions, yet I felt guilty and 10. In our 16 years of marriage I have al- Venti Mountain View, located at 1390 Pear compelled as a citizen about the idea of not ways known Christine to be a truthful person Avenue, Mountain View, California. saying anything. of great integrity. I am proud of her for her 3. I remembered the year of the meeting I am available to speak further should you bravery and courage. because I was temporarily working in the wish to discuss. I am currently vacationing I solemnly swear or affirm under the pen- South Bay at that time. I would pass Moun- in the mid-Atlantic until August 7th and will alties of perjury that the matters set forth tain View on my way home, so that res- be in California after August 10th. in this Declaration are true and correct to taurant was a convenient place to arrange a In Confidence, the best of my personal knowledge, informa- meeting. I believe this was the only time I CHRISTINE BLASEY, tion, and belief. Executed on this 25th day of ever went to this restaurant. I also have a Palo Alto, California. September, 2018. receipt from the restaurant from that meal. RUSSELL FORD. 4. During our meal, Christine was visibly TEXT MESSAGES BETWEEN DR. FORD AND THE upset, so I asked her what was going on. WASHINGTON POST TIP LINE DECLARATION OF KEITH KOEGLER 5. Christine told me she had been having a I, Keith Koegler, hereby state that I am hard day because she was thinking about an FRIDAY, JULY 6, 2018 over eighteen (18) years of age, am com- assault she experienced when she was much 10:26 AM: Dr. Ford—Potential Supreme petent to testify, and have personal knowl- younger. She said that she had been almost Court nominee with assistance from his edge of the following facts: raped by someone who was now a federal friend assaulted me in mid 1980s in Mary- 1. I graduated from Amherst College in 1992 judge. She told me she had been trapped in a land. Have therapy records talking about It. with a Bachelor’s Degree in History. I earned room with two drunken guys, and that she Feel like I shouldn’t be quiet but not willing my Juris Doctor degree from Vanderbilt Law then escaped, ran away, and hid. to put family in DC and CA through a lot of School in 1997. 6. Christine said it was a scary situation stress 2. I have known Christine Blasey Ford and and that it has impacted her life ever since. 11:47 AM: Dr. Ford—Brett Kavanaugh with her husband, Russell Ford, for more than 7. The last time I saw Christine was in May Mark Judge and a bystander named PJ. five years, and consider them close friends. 2018.

VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A06OC6.010 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE October 5, 2018 CONGRESSIONAL RECORD — SENATE S6679 8. After reading her first person account of paratory School and she previously attended questions is ¥4 or less. A decision of non-de- the assault in The Washington Post on Sep- parties hosted by students of this school. ceptive is rendered if the grand total of both tember 16, 2018, I contacted Christine’s law- Blasey remembers another male at this questions is +4 or more with a +1 or more at yers to advise them that she had told me party, PJ, who she described as a very nice each question. about this assault in 2013. person. At some point in the evening, Blasey Blasey’s scores utilizing the three (3) point I solemnly swear or affirm under the pen- went upstairs to use the restroom. When she scale are +4 at Question A and +5 at Question alties of perjury that the matters set forth got upstairs, she was pushed into a bedroom B with a total score of +9. Based upon this in this Declaration are true and correct to by either Kavanaugh or his friend, Mark. analysis, it is the professional opinion of this the best of my personal knowledge, informa- The bedroom was located across from the examiner that Blasey’s responses to the tion, and belief. Executed on this 24th day bathroom. She was pushed onto a bed and above relevant questions are Not Indicative September, 2018. Kavanagh got on top of her and attempted to of Deception. ADELA GILDO-MAZZON. take her clothes off. She stated she expected A second analysis was conducted utilizing Kavanaugh was going to rape her. Blasey a scoring algorithm developed by Raymond DECLARATION OF REBECCA WHITE tried to yell for help and Kavanaugh put his Nelson, Mark Handler and Donald Krapohl I, Rebecca White, hereby state that I am hand over her mouth. Blasey thought if PJ (Objective Scoring System Version 3) which over (18) years of age, am competent to tes- heard her yelling he may come and help her. concluded ‘‘No Significant Reactions—Prob- tify, and have personal knowledge of the fol- Blasey stated that when Kavanaugh put his ability these results were produced by a de- lowing facts: hand over her mouth that this act was the ceptive person is .002.’’ Truthful results, re- 1. I have been friends with Christine Blasey most terrifying for her. She also stated that ported as ‘‘No Significant Reactions,’’ occur Ford for more than six years. We are neigh- this act caused the most consequences for when the observed p-value indicates a statis- bors and our kids went to the same elemen- her later in life. Blasey stated that tically significant difference between the ob- tary school. Kavanaugh and Mark were laughing a lot served numerical score and that expected 2. In 2017, I was walking my dog and Chris- during this assault and seemed to be having from deceptive test subjects, using nor- tine was outside of her house. I stopped to a good time. Kavanaugh was having a hard mative data obtained through bootstrap speak with her, and she told me she had read time trying to remove Blasey’s clothes be- training with the confirmed single issue ex- a recent social media post I had written cause she was wearing a bathing suit under- aminations from the development sample. about my experience with sexual assault. neath them. She stated Mark was laughing Truthful results can only occur when the 3. She then told me that when she was a and coaxing Kavanaugh on. Blasey recalls probability of deception is less than .050. young teen, she had been sexually assaulted making eye contact with Mark and thinking Deceptive results, in which an observed p- by an older teen. I remember her saying that he may help her. Mark continued to encour- value indicates a statistically significant dif- her assailant was now a federal judge. age Kavanaugh. On a couple of occasions, ference between the observed numerical 4. I have always known Christine to be a Mark would come over and jump on the bed. score and that expected from truthful per- trustworthy and honest person. The last time he did this, all three became sons, and are reported as ‘‘Significant Reac- I solemnly swear or affirm under the pen- separated and Blasey was able to get free and tions.’’ alties of perjury that the matters set forth run to the bathroom. She stated she locked When the observed p-value fails to meet in this Declaration are true and correct to herself in the bathroom until she heard decision alpha thresholds for truthful or de- the best of my personal knowledge, informa- Kavanaugh and Mark go downstairs. ceptive classification the test result will be tion, and belief. Executed on this 25 day of Following this interview, Blasey was given reported as ‘‘Inconclusive.’’ No opinion can Sept, 2018. a polygraph examination consisting of the be rendered regarding those results. REBECCA WHITE. following relevant questions: A third analysis was conducted utilizing a scoring algorithm developed by the Johns SERIES I Hopkins University Applied Physics Labora- JEREMIAH P. HANAFIN—POLYGRAPH A. Is any part of your statement false? An- EXAMINATION REPORT tory (PolyScore Version 7.0) which concluded swer: No ‘‘No Deception Indicated—Probability of De- Date of Report—08/10/2018. B. Did you make up any part of your state- ception is Less Than .02.’’ Date of Examination—08/07/2018. ment? Answer: No One high school summer in 80’s, I went to Location of Examination—Hilton Hotel, Four polygraph charts (which included an a small party in the Montgomery County 1739 West Nursery Road, Linthicum Heights, acquaintance or ‘‘stim’’ chart) were col- area. There were 4 boys and a couple of girls. MD 21090. lected using a Dell Inspiron 15 notebook At one point, I went up a small stairwell to Examinee’s Name—Christine Blasey. computer and Lafayette LX4000 software. use the restroom. At that time, I was pushed Synopsis—On August 7, 2018, Christine This software obtained tracings representing into a bedroom and was locked in the room Blasey reported to the Hilton Hotel, 1739 thoracic and abdominal respiration, galvanic and rushed onto a bed. Two boys were in the West Nursery Road, Linthicum Heights, MD skin response, and cardiac activity. All of room. Brett laid on top of me and tried to re- 21090, for the purpose of undergoing a poly- these physiological tracings were stored in move my clothes while groping me. He held graph examination. The examination was to the computer along with the time that the me down and put his hand on my mouth to address whether Blasey was physically as- questions were asked as well as text of each stop me from screaming for help. His friend saulted by Brett Kavanaugh while attending question. Mark was also in the room and both were a small party in Montgomery County, MD. The format of the test was the two ques- laughing. Mark jumped on top of us 2 or 3 This assault occurred in the 1980’s when tion Federal You Phase Zone Comparison times. I tried to get out from under unsuc- Blasey was a high school student at the Hol- Test (ZCT). As part of a 2011 meta-analysis cessfully. Then Mark jumped again and we ton-Arms School. Accompanying Blasey was study done by the American Polygraph Asso- toppled over. I managed to run out of the Attorney Lisa Banks of the firm Katz, Mar- ciation (APA), the ZCT is one of the poly- room across, to the bathroom and lock the shall & Banks. After introductions were graph examinations considered valid based door. Once I heard them go downstairs, I ran made, this examiner left the room so Blasey upon defined research protocol. As part of out of the house and went home. and Attorney Banks could discuss this mat- the validation process, the APA chose tech- ter. During this discussion, Blasey provided niques that were reported in the Meta 22 CHRISTINE BLASEY, a written statement to Banks detailing the Analytic Survey of Validated Techniques August 7, 2018. events that occurred on the evening of the (2011) as having two, independent studies Mr. BROWN. I yield the floor. assault. The statement was provided to this that describe the criterion validity and reli- The PRESIDING OFFICER (Mr. BAR- examiner when he returned. Blasey stated ability. The ZCT includes relevant questions RASSO). Pursuant to rule IV, paragraph that the statement was true and correct and addressing the issues to be resolved by the 2, the hour of 12 noon having arrived, signed it in the presence of this examiner examination, comparison questions to be the Senate having been in continuous and Banks attesting to its accuracy. A copy used in analysis, symptomatic questions, and of this statement is attached to this report. neutral or irrelevant questions. All questions session since yesterday, the Senate will After a brief discussion, Banks departed. were reviewed with Blasey prior to the test. suspend for a prayer from the Senate Blasey was then interviewed in an effort to The charts collected were subjected to a nu- chaplain. formulate the relevant questions. During merical evaluation that scored the relative f this interview, Blasey described the events strength of physiological reactions to rel- that occurred on the night of the assault. evant questions with those of the compari- PRAYER She stated she attended a small party at a son questions. An analysis was conducted The Chaplain, Dr. Barry C. Black, of- house where the parents were not home. using a three (3) point scale (¥1, 0, +1). If re- fered the following prayer: Those attending the party were drinking actions were deemed to be greater at the rel- Let us pray. beer. Blasey stated that Kavanaugh and his evant questions, then a negative score was Eternal Lord God, who rules the rag- friend, Mark, became extremely intoxicated. assigned. If responses were deemed to be Blasey stated that she had met Kavanaugh greater at the comparison questions, then a ing of the sea, our thoughts are not before at previous parties and she briefly positive score was assigned. A decision of de- Your thoughts and our ways are not dated one of his friends. She stated that ceptive is rendered if any individual question Your ways. As the Heavens are higher Kavanaugh attended Georgetown Pre- score is ¥3 or less or the grand total of both than the Earth, so are Your thoughts

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