March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7587 ranges from Jupiter Inlet, FL, to Nova colleagues seemed to have forgotten all way to put in relief what is wrong with Scotia. The various species of menha- of that when they put together the sup- these firings is to remember Alex den occur anywhere from estuarine plemental appropriations bill. Haley’s admonition, ‘‘Find the Good waters outward to the Continental Madam President, I yield the floor, and Praise It,’’ and point to an example Shelf. and I suggest the absence of a quorum. of how political appointees can by their It says that menhaden are essentially The PRESIDING OFFICER (Ms. STA- courageous action earn respect for the filter feeders, straining microscopic BENOW). The clerk will call the roll. administration of justice. plankton, algae, et cetera, from the The bill clerk proceeded to call the I have a personal interest in the ex- water they swim through open- roll. ample I offer. Nearly 30 years ago—on mouthed. Unlike mullet, they are not Mr. ALEXANDER. Madam President, January 17, 1979—I was sworn into of- bottom feeders. Due to their feeding I ask unanimous consent the order for fice 3 days early as Governor of Ten- habits, they must be caught by cast the quorum call be rescinded. nessee in order to prevent the incum- netting to be used as live bait. The PRESIDING OFFICER. Without bent Governor from issuing 52 pardons This is the most interesting part of objection, it is so ordered. The Senator and commutations to prisoners the FBI the article. It says: menhaden are not from is recognized. believed had paid cash for their release. used for human consumption. Most re- Mr. ALEXANDER. Madam President, The U.S. Attorney for the Middle cently, menhaden has begun to be ex- I ask unanimous consent to speak as in District of Tennessee, Hal Hardin—a ploited as a source of omega-3 fatty morning business for up to 8 minutes. Democrat appointed by President Car- acid fish oil for commercial human The PRESIDING OFFICER. Without ter—telephoned to ask me to take of- consumption, further threatening men- objection, it is so ordered. fice early. Hardin was working with the State attorney general, William haden populations. f I certainly don’t know what the pur- Leech, another Democrat, to arrange pose is of this $120 million for shrimp FIRING OF U.S. ATTORNEYS the unprecedented early swearing-in. and the menhaden fishing industries, Mr. ALEXANDER. Madam President, Because Hardin and Leech were able to but I can’t see in this description, or my late friend Alex Haley, the author rise above partisanship, the Speakers anywhere else in this legislation, why of Roots, lived his life by 6 words: of the Senate and House and Chief Jus- this is an emergency or why it ought to ‘‘Find the Good and Praise It.’’ I tice as well as the Secretary of State— be included in an emergency war sup- thought of those 6 words in connection also all Democrats—participated in my plemental. If anything, the inclusion of with the current discussion about the early swearing-in and the ouster of a this kind of appropriation in this emer- firing of 8 Attorneys. Democratic incumbent Governor. gency war supplemental in the House The Democrats are making political As it turned out, I was the only Re- publican in the group. bill trivializes the importance of pro- hay out of these firings at a time when As then-Speaker of the House and viding the money that will help our the Senate should be focused on Iraq, later Governor Ned McWherter said, troops deployed in Afghanistan and terrorism, health care costs, excessive federal spending, energy independence ‘‘We are Tennesseans first.’’ Iraq in harm’s way. The story of January 17, 1979 was re- and keeping our brainpower advantage Here is what the Senate bill included: cently retold by Judge William C. so we can keep our good jobs here in- $24 million for funding of sugar beets; Koch, Jr., a member of the Tennessee $3 million funding for sugar cane, all of stead of seeing them move overseas. Court of Appeals, in the March 2007 which goes to a Hawaiian cooperative; U.S. Attorneys have always been po- issue of the Nashville Bar Journal. $100 million for dairy product losses; an litical appointees serving at the pleas- Judge Koch was on the staff of the additional $31 million for a 1-month ex- ure of the president. President Clinton State attorney general at that time tension of the Milk Income Loss Con- fired them all on his first day in office. and later was counsel when I was Gov- tract Program; 13 million for Ewe Such partisanship is nothing new. ernor. Lamb Replacement and Retention Pro- Former Attorney General Griffin Bell In the spirit of ‘‘Find the Good and gram; $115 million for the conservation recently said that the custom once was Praise It,’’ I offer for the RECORD Judge security program; $100 million for for U.S. attorneys simply to vacate Koch’s article as an example of how small agricultural dependent busi- their offices on the day a new president our system of political appointment of nesses; $13 million for mine safety was inaugurated, knowing that new po- U.S. Attorneys can and should operate, technology research; $50 million for litical appointees would soon arrive to in contrast to the example of the 8 fisheries disaster mitigation fund. take their desks. firings and the response to those There is so much pork included in In the summer of 1963, in between my firings that we are discussing today. this supplemental appropriations bill, first and second year at New York Uni- There being no objection, the mate- both in the House version and in the versity Law School, I worked in Attor- rial was ordered to be printed in the Senate proposal, that it warranted a ney General Robert Kennedy’s office as RECORD, as follows: front-page story and editorial in USA an intern. I was so impressed that, [From the Nashville Bar Journal, Mar. 2007] Today. An editorial in USA Today after graduation, I drove to Chat- THEY WERE TENNESSEANS FIRST questioned: tanooga to apply for a job as an Assist- (By Judge William C. Koch, Jr.) Which is worse: Leaders offering peanuts ant U.S. Attorney. The interview went Cries of ‘‘let’s kill all the lawyers’’ have for a vote of this magnitude, or Members al- fine until the U.S. Attorney for the been heard ever since Shakespeare wrote lowing their votes to be bought for peanuts. Eastern District of Tennessee asked Henry VI. Some believe that lawyers and The editorial went on to conclude: about my politics. judges have caused—or at least contributed to—most of society’s ills. Because the legal These provisions demean a bill that, if en- ‘‘I’m a Republican,’’ I said. profession provides such a convenient target, acted, would affect the lives of troops in Iraq ‘‘Sorry,’’ he said, ‘‘We only hire lawyer-bashing remains fashionable in some and Afghanistan, the balance of power in the Democrats.’’ circles. Middle East and America’s long-term secu- ‘‘But the Attorney General said the Despite the din of criticism, the truth is rity. administration of justice was non-par- that our nation has looked to lawyers for In short, what we have is that my tisan,’’ I replied. guidance and leadership in times of crisis. colleagues on the other side of the aisle ‘‘That word hasn’t gotten down An appellate lawyer from Virginia wrote the are willing to put money into pet here,’’ the U.S. Attorney said. Declaration of Independence. A trial lawyer projects—which may or may not be Yet the historic political nature of from Illinois signed the Emancipation Proc- worthy endeavors, we will never these appointments is no excuse for the lamation. A former criminal prosecutor led the citizens of New York during the dark know—and yet are unwilling to ade- excessive partisanship, amateurishness days following the destruction of the Twin quately fund the needs of our military. and bumbling exhibited by the firing of Towers. And it was a Tennessee lawyer who, For all their talk of earmark reform these eight U.S. Attorneys in the mid- as a member of the Senate Watergate Com- and transparency earlier this year, my dle of the President’s term. The best mittee, helped establish that not even the

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00019 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD 7588 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 President of the United States is above the decided against releasing the opinion to the ocrat, had been appointed United States At- law. public immediately. torney by President in July Lawyers and the courts have also been in- On January 5, 1979, Governor Blanton con- 1977. Prior to that appointment, he had been strumental in facilitating orderly transi- firmed that he had been notified that he was the widely respected presiding judge on the tions of governmental power in times of con- a target of the federal grand jury ‘‘clemency Circuit Court for Davidson County. In fact, troversy and unrest. Most recently, the na- for cash’’ investigation. In addition, the Governor Blanton himself had placed Mr. tion and the world looked on as lawyers and United States Attorney for the Middle Dis- Hardin on the bench in 1975. Despite Gov- courts resolved the legal disputes sur- trict of Tennessee sent a letter to the parole ernor Blanton’s protestations that the rounding the 2000 presidential election. Al- board identifying twenty-six prisoners who ‘‘clemency for cash’’ investigation was a par- most thirty years ago, two Tennessee law- were implicated in the growing ‘‘clemency tisan Republican conspiracy, Hardin had yers orchestrated one of this country’s most for cash’’ investigation. Despite these devel- been involved with the investigation for unique transitions of governmental power opments, Governor Blanton continued to more than a year. right here in Tennessee. My purpose is to re- joke with the press about his plans to pardon Mr. Hardin had learned from a confidential count some of what Hal Hardin and Bill Roger Humphreys. source that Governor Blanton was preparing Leech did in less than twenty-four hours on Even though the Attorney General’s opin- to issue clemencies for 18 to 20 more pris- Wednesday, January 17, 1979. ion was not released to the public until Jan- oners who were implicated in the ongoing Governor ’s administration uary 15, 1979, rumors about the possibility of ‘‘clemency for cash’’ investigation. Rather was clouded by controversy from its very be- an early swearing-in began to circulate on than waiting for events to unfold, Mr. Har- ginning in January 1975. Many of these con- Capitol Hill. Speaker of the House Ned Ray din, without the knowledge of the FBI or his troversies involved state prisoners. In Octo- McWherter confirmed that the General As- staff, telephoned on the ber 1976, a rumored federal ‘‘clemency for sembly might inaugurate the Governor-elect morning of January 17, 1979. He told Alex- cash’’ investigation made front page head- early if Governor Blanton issued any mass ander that he was calling as a Tennessean lines when FBI agents raided the office of commutations. Lamar Alexander, an accom- and explained that he had received reliable Governor Blanton’s lawyer and seized over plished lawyer himself, downplayed the At- information that Governor Blanton was pre- one hundred files. In August 1977, the Gov- torney General’s opinion. After consulting paring to issue additional clemencies, and he ernor fired , his hand- privately with the Speaker McWherter and recommended that the Governor-elect con- picked chairman of the parole board. Ms. Lieutenant Governor John Wilder, he stated sider taking office three days early in what Rigghianti hired , and litiga- that it would be ‘‘totally inappropriate for Lamar Alexander later described as a ‘‘swift tion followed. me to assume power wholly on my own ini- and secret coup.’’ Perhaps the most notorious controversy tiative.’’ Lamar Alexander had high regard for Hal involved Roger Humphreys, the son of one of Speaker McWherter’s fears were realized Hardin. However, rather than acting on his Governor Blanton’s political allies, who had on Monday, January 15, 1979. Around 8:00 own, he asked Hardin relay the information been convicted in 1975 of murdering his p.m. on that cold, rainy evening, Governor to Speaker McWherter, Lieutenant Governor former wife and her boyfriend. Humphreys Blanton returned to his office in the Capitol. Wilder, and General Leech. Hardin placed shot his two victims eighteen times with a He was joined by his new lawyer and his separate telephone calls to Speaker two-shot derringer. Governor Blanton ar- Commissioner of Correction, and later by McWherter and Lieutenant Governor Wilder. ranged for Humphreys to become a trustee Secretary of State Gentry Crowell. Over the He suggested a meeting among the three of and then gave him a job as a state photog- course of the next three hours, Governor them. Speaker McWherter and Lieutenant rapher. When questioned, the governor in- Blanton signed clemency papers for 52 pris- Governor Wilder decided against the meeting sisted that Humphreys was ‘‘a fine young oners, including Roger Humphreys. As he because they were concerned that a private man’’ and bragged that he planned to pardon signed Humphreys’s papers, the Governor meeting might violate the Sunshine Law. In- Humphreys before he left office. commented, ‘‘This takes guts.’’ Mr. Crowell stead, they asked him to meet with General The reaction to Governor Blanton’s prom- replied, ‘‘Yeah, well some people have more Leech. Mr. Hardin telephoned General Leech, ise to pardon Roger Humphreys was swift guts than they’ve got brains.’’ and a short time later, General Leech and and furious. The Tennessee House of Rep- The press corps quickly learned that Gov- two senior members of his staff met with Mr. resentatives passed HJR 271 urging Governor ernor Blanton was in his office, and the re- Hardin in a hotel room across the street Blanton not to pardon him. A bipartisan porters were waiting for him when he left from the federal courthouse that Hardin had committee, chaired by former Governor Win- the Capitol after 11:00 p.m. The Governor rented under an assumed name. Both Hardin field Dunn, a Republican, and John Jay confirmed that he had signed a number of and Leech understood that they had been Hooker, a prominent Democrat, started a clemency documents, but he was coy about given the responsibility to chart a course of statewide petition drive to urge the Gov- how many and for whom. Governor Blanton action for the leaders of state government. ernor not to pardon Humphreys. Governor did not tell the reporters that Rogers The discussion was tense and sometime heat- Blanton announced on the eve of the 1978 Humphreys’s clemency was being hand-car- ed despite their close personal and profes- general election that ‘‘after prayerful con- ried to the state prison at that very moment. sional relationship. For several hours, they sideration’’ he would not pardon Humphreys. By the time the Secretary of State con- reviewed Opinion No. 79–3 and eventually de- However, two weeks after the election, Gov- firmed that Humphreys was among the 52 termined that the original opinion was cor- ernor Blanton announced that he had prisoners receiving clemencies, Humphreys rect. They also discussed how Governor changed his mind and that he was again con- had already left the prison a free man. Blanton might react and formulated contin- sidering a pardon for Humphreys. News of the 52 late night clemencies hit gency plans. When the meeting concluded, The public’s outrage increased during De- like a bombshell on January 16, 1979. State both General Leech and Mr. Hardin agreed to cember 1978. The FBI arrested Governor and federal officials—both Democrat and Re- advise the state officials that the only way Blanton’s lawyer in his office at the Capitol publican—expressed dismay and began look- to prevent Governor Blanton from issuing and charged him with selling pardons. The ing for ways to undo what Governor Blanton more clemencies would be for Lamar Alex- lawyer had clemency papers and marked had done. The Governor’s office fueled the ander to take the oath of office immediately. money in his possession when we was ar- controversy when the Governor’s new lawyer Mr. Hardin returned to his office following rested. One week later, Governor Blanton ap- announced that Governor Blanton might the meeting in the hotel room. General peared before a federal grand jury and pro- issue 18 more clemencies, including one ‘‘big Leech telephoned Lamar Alexander. He told claimed as he was leaving the courthouse, ‘‘I name,’’ before the governor-elect’s inaugura- the Governor-elect that despite his earlier have nothing to hide.’’ tion. misgivings about Opinion No. 79–3, he was Governor Blanton’s activities eventually General Leech was in Washington on Janu- now convinced that state law permitted the prompted Senator Victor Ashe, a Republican ary 16, 1979 to argue a case before the United Governor-elect to assume office before the from Knoxville, to ask William M. Leech, States Supreme Court. His pregnant wife had inauguration and that removing Governor Jr., Tennessee’s new Attorney General, to also gone into labor. He completed the argu- Blanton from office was not only appropriate decide whether the governor-elect could be- ment and telephoned his office with direc- but necessary. Then General Leech met with come governor before the inauguration set tions to modify Opinion No. 79–3 to state Speaker McWherter and Lieutenant Gov- by the legislature for January 20, 1979. While that a court might hold that the Governor- ernor Wilder and reiterated what he had told Bill Leech, a populist Democrat from Santa elect could only take the oath of office at the Governor-elect. The legislative leaders Fe, had been in the eye of the storm before, the scheduled inauguration. General Leech were convinced that Governor Blanton he did not relish answering this question. On arrived in Nashville later that evening and should be removed from office, and Speaker January 3, 1979, his office issued Opinion No. went directly to the hospital. His son was McWherter telephoned Lamar Alexander and 79–3 concluding that Republican Governor- born the next morning. told him, ‘‘It’s time for leadership . . . We elect Lamar Alexander could take the oath It was at this point that Hal D. Hardin, the will support you.’’ of office and become governor any time after United States Attorney in Nashville, stepped Numerous telephone conversations involv- midnight on January 15, 1979. General Leech up to the plate. Hardin, a ‘‘yellow dog’’ Dem- ing Lamar Alexander, Speaker McWherter,

VerDate Sep 11 2014 13:34 Jun 29, 2017 Jkt 059102 PO 00000 Frm 00020 Fmt 0685 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S26MR7.REC S26MR7 ejoyner on DSK30MW082PROD with BOUND RECORD March 26, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 7589 Lieutenant Governor Wilder, and General Alexander announced that ‘‘today ought to begin 120 days after passage, regardless Leech followed. be a happy one because the people and their of conditions on the ground, regardless They agreed that bipartisanship was essen- government are back together again.’’ of the recommendations of General tial and that Tennessee’s citizens should un- Courage does not always draw attention to Petraeus, regardless of the opinions of derstand that Tennessee’s elected leaders itself. Hal Hardin did not attend the inau- our partners in Iraq and throughout were united in this decision. They decided guration. Bill Leech was present but did not that the legislative leaders, the constitu- play a prominent role in the ceremonies. the region, regardless of whether secu- tional officers, and the Attorney General— While Lamar Alexander, Ned Ray rity is improving or deteriorating, the all Democrats—should be present at the McWherter, and John Wilder deserve credit most significant of all. The withdrawal ceremony, and they agreed on a statement for their personal courage and decisive dem- would be ordered by this section of the that Alexander would read before he took onstration of bipartisanship, the principal bill regardless of whether security was the oath of office. They also decided that the figures in this political drama agree that the improving or deteriorating on the ceremony should take place in the court- events of January 17, 1979 would not have un- ground. It is the wrong measure at the room at the Supreme Court Building in folded the way they did had it not been for wrong time. Ultimately, it will be a lot Nashville and that Chief Justice Joseph Hal Hardin and Bill Leech. These lawyers of sound and fury that signifies noth- Henry, also a Democrat, should be invited to placed the rule of law and governmental in- administer the oath of office. tegrity ahead of political expediency and ing but, more importantly, that accom- Shortly after 5:00 p.m., Speaker personal reputation. In the words of Speaker plishes nothing and may do harm. McWherter, Lieutenant Governor Wilder, the McWherter, they were Tennesseans first and Why do I say it will accomplish noth- constitutional officers, and the members of their actions sprang from their desire to pro- ing? Because everyone in this Chamber the media walked from the Legislative Plaza tect the interests of all Tennesseans, regard- knows that the President of the United to the Supreme Court. They were joined less of party. States could not have been more clear: there by Lamar Alexander, his family, and Mr. ALEXANDER. I thank the Sen- If section 1315 is in this bill and is sent several of Alexander’s senior advisors. Chief ator from Washington. I yield the floor. to his desk, he will veto it. In my opin- Justice Henry administered the oath. The ion, he should veto it. Everyone in this f somber ceremony lasted six minutes. The Chamber knows there are not the votes press conference that followed lasted much MORNING BUSINESS longer. It was not lost on the media that the in either House of Congress to override new governor was a Republican while most Mrs. MURRAY. I ask unanimous con- that veto. So that all that would have of the other officials involved in the cere- sent the Senate now proceed to Morn- been accomplished is a delay in getting mony were Democrats. One television re- ing Business with Senators allowed to essential support to our troops in Iraq porter attempted to obtain a partisan com- speak for up to 10 minutes each. and Afghanistan, support they need ment from Speaker McWherter. However, The PRESIDING OFFICER. Without and on which they are counting. That Speaker McWherter, who would later serve objection, it is so ordered. is unacceptable. as Governor with distinction, cut the re- Obviously, Iraq and what has hap- porter short saying, ‘‘Let me say to you. Mrs. MURRAY. I suggest the absence of a quorum. pened there, what is happening now is First, I’m a Tennessean, and I think this is on our minds. We should discuss it. in the interest of Tennessee regardless of the The PRESIDING OFFICER. The party.’’ clerk will call the roll. There are ways in which we can appro- Just before the ceremony began, General The bill clerk proceeded to call the priately legislate with regard to Iraq. Leech telephoned Governor Blanton to in- roll. In fact, in this bill before us, there is a form him he was no longer Governor. Fol- Mr. LIEBERMAN. I ask unanimous section on benchmarks which estab- lowing the call, Governor Blanton com- consent that the order for the quorum lishes for ourselves and for the Iraqi plained that ‘‘there was no courtesy ex- Government some benchmarks, some tended to me today.’’ Agents of the FBI cir- call be rescinded. The PRESIDING OFFICER. Without goals that we have in mind for what culated through the Capitol serving grand they primarily, on their own, should be jury subpoenas on Governor Blanton’s staff. objection, it is so ordered. achieving as they move to secure Bagh- Hal Hardin decided not to attend the cere- f mony. Rather than remaining in his office, dad and the rest of the country and to he went for a long drive to be alone with his SUPPLEMENTAL APPROPRIATIONS take control of their own destiny, an thoughts and to reflect on the events of the Mr. LIEBERMAN. Madam President, Iraqi Government governing the Iraqi day. I rise to speak in support of the amend- people, which was the aim of our over- As soon as the ceremony ended, several throw of Saddam Hussein. ment to strike section 1315 of the sup- senior members of now Governor Alexander’s The benchmarks are in there, in- plemental appropriations bill now be- staff made their way to the Capitol to secure spired by the good work done by Sen- fore the Senate. The motion to strike the Governor’s office. They found Governor ator NELSON of Nebraska, Senator Blanton’s lawyer in his office preparing was proposed earlier today by the Sen- WARNER of Virginia. Senator MCCAIN clemency papers for 30 more prisoners. Lewis ator from , Mr. COCHRAN. I and I, earlier in the debate on Iraq a R. Donelson, a Memphis lawyer who had al- am honored to be a cosponsor of it. I ready been named as the new Commissioner couple of months ago, were prepared to wish to explain to my colleagues why I introduce an amendment to have such of Finance and Administration, refused to am cosponsoring it. permit the lawyer to leave the building with benchmarks. So there was constructive the papers. When Governor Blanton tele- This is a bill that is quite necessary work that could be done. The bench- phoned to question his authority, Mr. to the funding of our military effort in marks in this bill are in the form of a Donelson replied that he was acting ‘‘by the Iraq and more broadly. The bill has sense of Congress. They are a message. authority of the new governor.’’ In response kind of grown like Topsy and has a lot But they are not tied to a deadline. to Governor Blanton’s assertion that he was of other stuff in it. Maybe I am reflect- The measure that passed the House still the governor, Mr. Donelson replied, ing on the fact that I am going to see ‘‘Not anymore.’’ last week actually has some bench- my grandchildren soon. One of my fa- marks that are tied to triggers that A full discussion of the aftermath of the vorite Dr. Seuss books is about events of January 17, 1979 must await an- would begin withdrawal from Iraq. other day. Governor Alexander appointed Thidwick the moose. Thidwick is a glo- President Eisenhower, speaking as a Fred Thompson as special counsel to oversee rious moose with large antlers. Various general, once said, now famously be- his Administration’s response to the clem- creatures in the forest begin to occupy, cause it has been quoted often in these ency crisis. Governor Alexander’s formal in- ultimately quite unjustifiably, debates about Iraq, and I paraphrase: auguration took place as planned on January Thidwick’s antlers until they fall off. Anyone who sets a deadline, who ar- 20, 1979. For the second time, Governor Alex- There are parts of this supplemental gues for a deadline to be set in war ander took the oath administered by Chief appropriations bill that in my opinion, doesn’t understand war. Justice Henry in the presence of Speaker respectfully, do not belong there. Most McWherter, Lieutenant Governor Wilder and I believe what General Eisenhower the constitutional officers. While litigation significant of those is section 1315, was saying is that war is a dynamic in the federal and state court would follow, which our motion would strike. process, a terrible process, a deadly the transition of governmental power pro- Section 1315 would order a with- process, one we try, through the exer- ceeded with bipartisan dignity. Governor drawal of American troops in Iraq to cise of all our diplomatic strength, to

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