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CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007

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CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 6 March 26, 2007 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consent the order for fice 3 days early as Governor of Ten- habits, they must be caught by cast the quorum call be rescinded.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 Tennessee 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 United States 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 Jimmy Carter 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.
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