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CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 7 May 25, 2006 EXECUTIVE SESSION NAYS—30 Mr

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CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 7 May 25, 2006 EXECUTIVE SESSION NAYS—30 Mr 9602 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 7 May 25, 2006 EXECUTIVE SESSION NAYS—30 Mr. Kavanaugh was a deputy, with as Akaka Durbin Levin many as nine other such deputies on Baucus Feingold Menendez his level. Bayh Harkin Mikulski He was candid in some criticism of NOMINATION OF BRETT M. Bingaman Inouye Murray Boxer Jeffords Reed the handling of the matter; the public KAVANAUGH TO BE UNITED Cantwell Johnson Reid release of the report was not the choos- STATES CIRCUIT JUDGE FOR Clinton Kennedy Sarbanes ing of Independent Counsel. He testi- THE DISTRICT OF COLUMBIA Dayton Kerry Schumer Dodd Lautenberg Stabenow fied that he believed that the Inde- CIRCUIT—Resumed Dorgan Leahy Wyden pendent Counsel statute ought to be The PRESIDING OFFICER. Under NOT VOTING—3 changed materially if it was to be re- the previous order, the Chair lays be- vised and that having Mr. Starr both Conrad Rockefeller Salazar fore the Senate the pending cloture on Whitewater and the impeachment of motion, which the clerk will state. The PRESIDING OFFICER. On this the President was too much. The legislative clerk read as follows: vote, the ayes are 67, the nays are 30. He wrote a law review article on the Three-fifths of the Senators duly cho- CLOTURE MOTION issue of peremptory challenges for sen and sworn having voted in the af- Black jurors and took the position that We the undersigned Senators, in accord- firmative, the motion is agreed to. ance with the provisions of rule XXII of the it was inappropriate, should not be Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The Sen- done, and displayed in that scholarly move to bring to a close debate on Executive ator from Pennsylvania. aptitude on the journal. Calendar No. 632, the nomination of Brett M. Mr. SPECTER. Parliamentary in- One of the objections raised to Mr. Kavanaugh, of Maryland, to be United States quiry: Is it appropriate now to begin Kavanaugh involved how close he was Circuit Judge for the District of Columbia debate on the confirmation of Brett to the President. But it is hardly a sur- Circuit. Kavanaugh? prise that Brett Kavanaugh would be Bill Frist, Arlen Specter, Saxby Cham- The PRESIDING OFFICER. It is ap- close to the President because the bliss, Larry Craig, Mel Martinez, Eliza- propriate. beth Dole, Johnny Isakson, Pat Rob- President selects people in whom he erts, Ted Stevens, Craig Thomas, Thad Mr. SPECTER. Mr. President, I sup- has confidence and who share his ap- Cochran, Chuck Grassley, Judd Gregg, port the confirmation of Brett proach to jurisprudence, to strict con- Tom Coburn, Richard Shelby, Lindsey Kavanaugh to the Court of Appeals for struction, and to not legislating from Graham, Orrin Hatch. the District of Columbia because of his the bench. That prerogative of the The PRESIDING OFFICER. By unan- academic achievements, professional President is what Presidential elec- imous consent, the mandatory quorum work, and potential to be an out- tions are about. call has been waived. standing Federal judge. Some of Mr. Kavanaugh’s answers The question is, Is it the sense of the Brett Kavanaugh was an honors grad- were hesitant, and I think he was very Senate that debate on the nomination uate from Yale University, was a grad- concerned about being very precise in of Brett M. Kavanaugh, of Maryland, to uate of the Yale Law School, and a what he had to say. He might have be United States Circuit Judge for the member of the Law Journal there. been a little forthcoming, but in a con- District of Columbia Circuit shall be That is a strong indication of intellec- text where there is a question about brought to a close? tual achievement. He then clerked for subsequent investigations, if the con- The yeas and nays are mandatory Judge Walter Stapleton of the Court of trol of the Senate changes, in the con- under the rule. Appeals for the Third Circuit and then text of witnesses appearing before The clerk will call the roll. Judge Alex Kozinski of the Court of grand juries on five occasions, looking The assistant legislative clerk called Appeals for the Ninth Circuit and then for inconsistencies, it is understand- the roll. clerked for Justice Kennedy on the Su- able that he was very cautious in his Mr. DURBIN, I announce that the preme Court of the United States. comments. Those are really outstanding creden- Senator from North Dakota (Mr. CON- I believe that on this record, Brett M. tials, academically and for the begin- RAD), the Senator from West Virginia Kavanaugh ought to be confirmed, and ning career of a young lawyer. He then (Mr. ROCKEFELLER), and the Senator I urge my colleagues to vote in the af- worked in the Solicitor General’s Of- from Colorado (Mr. SALAZAR) are nec- firmative. essarily absent. fice, argued a case before the Supreme I yield the floor. Court of the United States, and then The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The Sen- worked as associate White House coun- any other Senators in the Chamber de- ator from Texas. sel and has been Secretary to President siring to vote? Mr. CORNYN. Mr. President, I have Bush. The yeas and nays resulted—yeas 67, some remarks I would like to make on He had a second hearing which was nays 30, as follows: this nomination. requested by the Democrats so that he Mr. LEAHY. Will the Senator yield [Rollcall Vote No. 158 Ex.] could respond to questions which had for just a moment? He does have the YEAS—67 arisen in the 2-year interim since his floor, I fully understand. I assume we Alexander Dole McConnell first hearing, and he responded by al- would follow the normal order that Allard Domenici Murkowski laying any concerns about any involve- after the chairman spoke, the ranking Allen Ensign Nelson (FL) Bennett Enzi Nelson (NE) ment which he may have had on the member would be allowed to speak. Biden Feinstein Obama subject of interrogation of detainees. Mr. CORNYN. I will be glad to defer Bond Frist Pryor He was asked about any potential to the ranking member. Brownback Graham Roberts participation in the administration’s Mr. LEAHY. The Senator from Texas Bunning Grassley Santorum Burns Gregg electronics surveillance program. He has the floor. He does have the floor. Sessions Burr Hagel Shelby answered that in the negative. Mr. CORNYN. Mr. President, I recog- Byrd Hatch Smith He responded to questions with re- nize I have the floor and the right to Carper Hutchison Chafee Inhofe Snowe spect to the subject of rendition, again the floor, but I will be glad to accom- Chambliss Isakson Specter with no knowledge on his part of any of modate the ranking member and, if I Coburn Kohl Stevens that. can, by unanimous consent, request Cochran Kyl Sununu Coleman Landrieu Talent He was subject to close questioning that I be recognized after he speaks, I Collins Lieberman Thomas about his work with Kenneth Starr on would be happy to relinquish the floor Cornyn Lincoln Thune the impeachment proceeding, and he to him. Craig Lott Vitter was not in a position of leadership. He Mr. LEAHY. I certainly have no ob- Crapo Lugar Voinovich DeMint Martinez Warner was one of several down the tier, with jection to that. I assume what we will DeWine McCain Mr. Starr being Independent Counsel. probably do for the rest of the evening, VerDate Sep 11 2014 15:00 Mar 23, 2017 Jkt 000000 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BOOK 7\DAT FILES\BR25MY06.DAT BR25MY06 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE May 25, 2006 CONGRESSIONAL RECORD—SENATE, Vol. 152, Pt. 7 9603 and I suspect we probably will do the under ‘‘Statements on Introduced Bills election year, then we have to go to same thing tomorrow—hopefully by to- and Joint Resolutions.’’) controversial, polarizing judicial nomi- morrow night or early Saturday we The PRESIDING OFFICER. The Sen- nations. will finish—we will go back and forth. ator from Vermont is recognized. This nomination, like the difficult I make a request I be recognized, and Mr. LEAHY. Mr. President, I thank and controversial nominations of upon the completion of my remarks, the Senator from Minnesota and the Judge Terrence Boyle and Michael the distinguished Senator from Texas Senator from Mississippi, and I thank Wallace, signifies that the Bush-Che- be recognized. again the distinguished Senator from ney administration and those who sup- Mr. DURBIN. Reserving the right to Texas, who has shown his usual and port it here in the Senate, are more in- object. normal courtesy in allowing me to go terested in playing partisan election- The PRESIDING OFFICER. The Sen- next. year politics by heeding the siren call ator from Illinois. The Senate has just passed bipartisan of special interest groups rather than Mr. DURBIN. Only for the purpose of comprehensive immigration reform. I tackling the pressing issues facing being in the queue after the Senator think that is an achievement for all Americans today. from Texas, if I can amend the unani- Americans, present and future, who Local and national law enforcement mous consent request. want to keep our country safe, and it have called upon the President to with- Mr. LEAHY. I ask unanimous con- fixes what most will acknowledge is a draw the nomination of Judge Boyle, sent that Senator DURBIN follow the broken system. I mention that because as I have, and he would be well advised Senator from Texas. the Senate, Republicans and Demo- to do so.
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