Congressional Record—Senate S5578
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S5578 CONGRESSIONAL RECORD — SENATE May 24, 2001 they don’t have to work two or three Mr. HATCH. Mr. President, as you undeniably distinguished career as an obvi- jobs to try to make end’s meet. know, we have been trying to make ously exceptional lawyer with an enormous There is an important agenda ahead sure that the Justice Department has breadth of directly relevant experience. of us. I have touched on only a few its full complement of leaders because I have known Laurence Tribe for a items I hope we will consider. Now that if there is a more important Depart- long time. I have a great deal of re- we have this change in leadership in ment in this Government, I don’t know spect for him. I do not always agree the Senate, it is important we address which one it is. There may be some with him, but one time he asked me to it on a bipartisan basis. It is a unique that would rate equally but that De- review one of his books. Looking back day in the history of the Senate. It is partment does more to help the people on that review, I was a little tough on a unique challenge to all to rise above of this country than any other Depart- Larry Tribe to a degree. But I spent partisanship and put our country first. ment. time reading his latest hornbook just I yield the floor and suggest the ab- One of the most important jobs in this last week, read it through from be- sence of a quorum. that Department is the Solicitor Gen- ginning to end—I think it was some- The PRESIDING OFFICER. The eral’s job. The Solicitor General is the thing like 1,200 pages—it was very dif- clerk will call the roll. attorney for the people. He is the at- ficult reading, and I have to say I came The legislative clerk proceeded to torney for the President. He is the at- away after reading that hornbook with call the roll. torney for the Department. He is the a tremendous respect for the legal ge- Mr. WARNER. Mr. President, I ask attorney who is to argue the constitu- nius of Larry Tribe. unanimous consent that the order for tional issues. He is the attorney who Although I disagree with a number of the quorum call be rescinded. really makes a difference in this coun- his interpretations of constitutional law, there is no doubt about the genius The PRESIDING OFFICER. (Mr. try and who makes the primary argu- and effectiveness of this man, and I BUNNING). Without objection, it is so ments before the Supreme Court of the think it is a tribute to him that he was ordered. United States of America. willing to stand up for Ted Olson and f In addition, he has a huge office with a lot of people working to make sure write it in a letter. Walter Dellinger is the former Clin- RECESS this country legally is on its toes. ton Solicitor General. He is one of the Mr. WARNER. Mr. President, on be- In the case of Ted Olson, I am very great lawyers of this country. He is a half of the majority leader, TRENT pleased that we are able to have this liberal and some thought he was ex- LOTT, I ask unanimous consent that motion up at this time. I am pleased tremely partisan, although I ques- the Senate stand in recess until the that we have colleagues with good tioned that personally, just like I ques- hour of 1 o’clock. faith on the other side who are willing tion those who say Ted Olson is par- There being no objection, at 12 noon, to see that this is brought to a vote tisan. No question that Walter the Senate recessed until 1:02 p.m., and today because we should not hold up Dellinger is a very strong and positive reassembled when called to order by the nomination for the Solicitor Gen- Democrat, a very aggressive Democrat. the Presiding Officer (Mr. BUNNING). eral of the United States of America. But he also is a man of great intel- The PRESIDING OFFICER. In my We have had all kinds of Solicitors General. We have had some who have ligence and integrity. capacity as a Senator from Kentucky, I On February 5, 2001, Mr. Dellinger been very partisan but have been great suggest the absence of a quorum. The said that when Olson served in the Jus- Solicitors General, and we have had clerk will call the roll. tice Department as the head of the Of- some who have hardly been partisan at The legislative clerk proceeded to fice of Legal Counsel, he ‘‘was viewed call the roll. all and have been weak Solicitors Gen- as someone who brought considerable Mr. LOTT. Mr. President, I ask unan- eral. We have had some not very par- integrity to the decisionmaking.’’ imous consent that the order for the tisan at all who have been great Solici- Virtually everybody who worked quorum call be rescinded. tors General. You would have to make with Ted Olson at the Office of Legal The PRESIDING OFFICER. Without an analysis yourself to determine how Counsel—in fact, all that I know of— objection, it is so ordered. your own personal philosophy fits. said he was a man of integrity who f But in terms of some great ones, called them the way he saw them, who there was Archibald Cox, who was EXECUTIVE SESSION abided by the law and did not allow never known for conservative politics. partisan politics to enter into any Mr. LOTT. Mr. President, I ask unan- He was not very partisan by most Re- thinking. There are two offices where imous consent that the Senate proceed publicans’ standards, but he turned out partisan politics could work to the det- in executive session. to be an excellent Solicitor General of riment of our country. The PRESIDING OFFICER. Without the United States. We could go on and One is the Office of Legal Counsel, objection, it is so ordered. on. which he handled with distinction, f But let me just say this, that it is in- with ability, with fairness, in a non- teresting to me that Ted Olson has the NOMINATION OF THEODORE partisan way. The other is the Office of support of some of the leading attor- the Solicitor General, which I assert to BEVRY OLSON, TO BE SOLICITOR neys and law professors in this country GENERAL OF THE UNITED this body he will handle in the same who have the reputation of being ac- nonpartisan way. He will certainly try STATES—MOTION TO DISCHARGE tive Democrats. to do what is constitutionally sound Mr. LOTT. Mr. President, pursuant Let me just mention a few. And I and right. And he will represent the to the provisions of S. Res. 8, I now really respect these gentlemen for Congress of the United States in these move to discharge the Judiciary Com- being willing to come to bat for Ted battles. He may not always agree with mittee of the nomination of Ted Olson, Olson. Laurence Tribe, the attorney for the Congress of the United States when to be Solicitor General of the United former Vice President Gore, in Bush v. we are wrong, but you can at least States. Gore, on March 5, 2001, said: count on him doing what is right and The PRESIDING OFFICER. Under It surely cannot be that anyone who took trying to make the best analysis and the provisions of S. Res. 8, the motion that prevailing view— do what he should. is limited to 4 hours of debate, to be He is referring to Bush v. Gore— Now, Beth Nolan is a former Clinton equally divided between the two lead- and fought for it must on that account be op- White House counsel and Reagan De- ers. posed for the position of Solicitor General. partment of Justice, Office of Legal Mr. LOTT. Mr. President, I note that Because Ted Olson briefed and argued his Counsel attorney. Beth is a consider- the chairman of the Judiciary Com- side of the case with intelligence, with in- able Democrat, and she is someone I re- sight, and with integrity, his advocacy on mittee, Senator HATCH, is here and spect. We have had our differences, but the occasion of the Florida election litiga- ready to proceed. Therefore, I yield the tion, as profoundly as I disagree with him on I have to say that she deserves respect. floor. the merits, counts for me as a plus in this In a September 25, 1987, letter signed The PRESIDING OFFICER. The Sen- context, not as a minus. If we set Bush v. by other Department of Justice law- ator from Utah. Gore aside, what remains in Ted’s case is an yers she had this to say: VerDate Mar 15 2010 04:11 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 2001 CONGRESSIONAL RECORD — SENATE S5579 We all hold Mr. Olson in a very high profes- want good government, people who Olson misled or was less than truthful sional and personal regard because we be- want the best of the best in these posi- to the committee anyway. Rather, lieve he made his decisions with integrity tions at the Justice Department, ought they show him to be forthright and after long and hard reflection.