Congressional Record—Senate S218
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S218 CONGRESSIONAL RECORD — SENATE February 2, 2021 Senate, this is at least the third occa- tory—the Oklahoma City bombing. His Attorney General. Yet, if the goal is to sion when members of the Capitol Po- qualifications and experience are well ensure there is sufficient time to ques- lice have given their lives to protect suited for the moment we face. tion the nominee and to hear from out- me, and Brian Sicknick will not be for- As our Nation’s top law enforcement side witnesses, I am willing to do just gotten. officer, the Attorney General is a key that—allow for two rounds of questions For those who want to take this in- part of the President’s national secu- of the nominee and an outside witness surrectionist mob and the incitement rity team. The Attorney General over- panel. of this mob as just another political sees our Nation’s law enforcement re- I also find it surprising that Senator protest, I ask them to reflect for a mo- sponse to threats both foreign and do- GRAHAM objects to committee business ment, please, on the graphic video evi- mestic. on the eve of an impeachment trial. dence of what happened on that day, as My Republican colleagues frequently Just remember the history. On Janu- people who were part of this mob took talked about letting the new President ary 16, 2020—the same day that the pre- baseball bats, sticks, everything they get his national security team in place vious impeachment trial of this Presi- could get their hands on, and beat up at the start of his administration. De- dent started—Senator GRAHAM held a against those law enforcement agents. spite the unresolved nature of the Sen- committee markup during which the It was a sad moment. ate’s organizing resolution, other sub- committee considered 11 judicial nomi- Yesterday’s New York Times spelled committees have come together on a nees. There was nothing sacred about out what led up to it: a big lie that the bipartisan basis to schedule prompt the day before or day of an impeach- former President of the United States hearings and votes for nominees, in- ment trial then, when Senator GRAHAM actually won the November 3 election. cluding the Secretary of Defense, Di- was chairman. He did not. The votes were counted rector of National Intelligence, Sec- Judge Garland is a consensus pick. and he lost, but he has never been able retary of Homeland Security, and Sec- As even Senator GRAHAM has acknowl- to accept that reality, and what he has retary of State. We need to do the same edged, the Senate should generally be done in the meantime is to foment a when it comes to the nomination of deferential to a President’s Cabinet revolt against our government at the Merrick Garland to serve as Attorney nominees, and that is particularly true grassroots level across America. General. for national security positions. There That is the reason why a new Attor- Why would we allow partisanship to is an even greater urgency to move ney General brought to the position of get in the way of national security? swiftly to confirm Judge Garland, leadership as quickly as possible is so I have urged my Republican col- given the events of January 6 and the important. I regret that, once again, I leagues on the Judiciary Committee— Justice Department’s role in inves- need to come to the floor to call on the current Chairman GRAHAM and incom- tigating and responding to those events Senate Republicans to stop blocking ing Ranking Member GRASSLEY—to and other national security threats. Merrick Garland from receiving a hear- consent to start the hearing for I hope Republicans will consent now ing before the Senate Judiciary Com- Merrick Garland as soon as possible. to notice a hearing for February 8. It mittee. I proposed February 8, next Monday, would show real bipartisanship and We all remember the way Merrick as a hearing date, in part to accommo- fairness. Under our committee rules, Garland, a judge in the Circuit Court of date Senator GRAHAM’s request to we can still notice the hearing with the DC Circuit, was treated by Senate avoid holding a hearing during the im- less than 7 days if my Republican col- Republicans in 2016 when he was nomi- peachment trial. A February 8 hearing leagues on the Senate Judiciary Com- nated by President Obama to the Su- date gives the committee sufficient mittee agree to do so. We need to get preme Court. I am not going to recount time to review Judge Garland’s record. the Attorney General confirmed, and the entire history today, but I will tell It would follow the same timeline—the there is no justification for any further you, it was not a proud moment for the very same timeline—that Senator GRA- delay. U.S. Senate when Senate leaders on the HAM used for Judge Amy Coney NOMINATION OF ALEJANDRO NICHOLAS other side of the aisle announced they Barrett’s nomination to the Supreme MAYORKAS would not give him a hearing. They lit- Court last year. Mr. President, while on the subject of erally would not even meet with him to Remember, the committee has al- confirmation, the Senate has con- give him the dignity of such an oppor- ready received the vast majority of firmed Mr. Alejandro Mayorkas three tunity to discuss his nomination for Judge Garland’s record, including his different times. When you listen to the the Supreme Court. speeches, interviews, and publications, Republican Senate leader this morning, But I do want to talk about the ur- that less than 5 years ago was pre- you may not catch that fact. He was gency of putting President Biden’s na- sented when he was nominated to the second in command of the Agency he is tional security team in place, includ- Supreme Court. We have had this ma- nominated by President Biden to lead. ing Merrick Garland, the President’s terial in the committee for years. Sen- Most recently, he served as the DHS nominee for Attorney General. Our ator GRAHAM claims that important pa- Deputy Secretary, the Agency’s second country faces, as we learned on Janu- perwork for Judge Garland is still in command, and the Chief Operating ary 6, challenges of great importance missing. The only thing that has not Officer, handling counterterrorism, cy- at this moment in our history. been filed is Judge Garland’s FBI back- bersecurity, border security, emer- As we faced that mob assault on the ground investigation. As important as gency management, and other critical Capitol Building for the first time it is, the Judiciary Committee has matters. We need Mr. Mayorkas’s deep since the War of 1812, our Capitol was scheduled hearings for previous Attor- expertise and experience in place at the breached by attackers, domestic ter- ney General nominees before the FBI DHS starting as quickly as possible, rorists. Domestic terrorists were part background investigations had been maybe even today. of a coordinated, comprehensive effort submitted. For example, the com- Perhaps Republicans have forgotten to stop the Government of the United mittee received then-Senator Jeff Ses- about the last 4 years of chaos at the States. That situation needs to be care- sions’ FBI background investigation Department of Homeland Security. fully reviewed and examined by the De- just 5 days before his hearing, and we Here is a reminder: Under President partment of Justice and the Attorney are still 6 days away from a proposed Trump’s administration, the DHS expe- General as quickly as possible. hearing date. So what we are asking is rienced an unprecedented leadership There is no person better qualified to not unprecedented or unrealistic. vacuum. The DHS lurched from one lead this investigation, to bring these Senator GRAHAM points out that At- Secretary or Acting Secretary to the perpetrators to justice, and to prevent torney General nominees typically next—six in total—only two of whom future domestic terror attacks than have 2-day hearings—1 day to question were actually confirmed by the Senate. Merrick Garland. When he previously the nominee and the other day to ques- Those are more Agency heads in the served at the Justice Department, tion outside witnesses. This isn’t al- last 4 years than in the 13-year history Judge Garland oversaw the investiga- ways the case. For example, the Repub- of the Department of Homeland Secu- tion and prosecution of the largest do- licans held a 1-day hearing to consider rity before the Trump administration. mestic terrorism attack in recent his- Alberto Gonzales’s nomination to be For over a year, the Agency was led by VerDate Sep 11 2014 03:54 Feb 03, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.006 S02FEPT1 ctelli on DSK11ZRN23PROD with SENATE February 2, 2021 CONGRESSIONAL RECORD — SENATE S219 unlawfully appointed Acting Secretary torney in California. The national think, in many cases, they are designed Chad Wolf. Nine days before President president of the Fraternal Order of Po- to just raise money, but I obey them, Trump left office, Mr. Wolf resigned lice enthusiastically endorsed Mr. and when I get fined, I pay the fine. It and was replaced by yet another Acting Mayorkas: ‘‘His professionalism, integ- doesn’t happen often now, but I do it. Secretary. rity and commitment to just and fair Look, this country needs an immi- Four former Secretaries of Homeland enforcement of the law makes him an gration system that looks like some- Security—two Republicans and two ideal candidate to lead the department.