S6886 CONGRESSIONAL RECORD — SENATE October 31, 2017 that—exactly the opposite. She wrote EXECUTIVE SESSION preme court justices who were not ap- that if a judge’s personal views were to proved by Republican Senators to move impede that judge’s ability to impar- to the Federal bench: Lisabeth Tabor tially apply the law, then the judge EXECUTIVE CALENDAR Hughes from Kentucky, Myra Selby should recuse herself from the case. The PRESIDING OFFICER. Under from Indiana, Don Beatty from South As the coauthor of that article and the previous order, the Senate will pro- Carolina, Louis Butler from Wisconsin, current president of Catholic Univer- ceed to executive session and resume Patricia Timmons-Goodson from North sity recently put it, ‘‘The case against consideration of the Barrett nomina- Carolina. Prof. Barrett is so flimsy, that you tion, which the clerk will report. Senate Republicans turned obstruc- have to wonder whether there isn’t The senior assistant legislative clerk tion of judicial nominees into an art some other, unspoken, cause for their read the nomination of Amy Coney form under President Obama. Yet Sen- objection.’’ Barrett, of Indiana, to be United States ator MCCONNELL, day after day, has It does make you wonder. Circuit Judge for the Seventh Circuit. said: ‘‘I think President Obama has To those using this matter as cover The PRESIDING OFFICER. The as- been treated very fairly by any objec- to oppose Professor Barrett because of sistant Democratic leader. tive standard.’’ her personally held religious beliefs, Mr. DURBIN. Mr. President, Senator He comes to the floor now regularly let me remind you, there are no reli- MCCONNELL has come to the floor to to complain about ‘‘obstruction’’ of gious tests—none—for public office in complain about what he calls obstruc- Trump nominees. Senator MCCONNELL this country. That is not how we do tion of President Trump’s judicial and the Senate Republicans set the things here. Our government and our nominees. The majority leader must standard for obstruction. If Leader Nation are made better through the feel that many of us suffer from amne- MCCONNELL thinks President Obama service of qualified people of faith. sia. was treated fairly with these facts, it is That will surely be true of Professor It was just last year Senate Repub- hard to understand why he is com- Amy Barrett. licans, under the leadership of the plaining about the treatment of Presi- I look forward to voting to confirm same Senator MCCONNELL, set a new dent Trump’s judicial nominees. this accomplished law professor and de- standard of obstruction. The most So far this year, the Senate has con- voted mother of seven later today, and prominent victim of Republican ob- firmed four of President Trump’s cir- I would urge our colleagues to join me. struction, Chief Judge Merrick Gar- cuit court nominees and four of his dis- Once we do, the Senate will advance land, was President Obama’s nominee trict court nominees. At the same another of President Trump’s well- for the Supreme Court. Never, never in point in his first year, President qualified circuit court nominees, the history of the U.S. Senate has the Obama had one circuit court nominee Michigan Supreme Court Justice Joan Senate denied a Supreme Court nomi- and three district court nominees con- Larsen, to serve on the U.S. Court of nee a hearing and a vote. Senator firmed. Twice the number have been Appeals for the Sixth Circuit. MCCONNELL led the Republicans last confirmed under President Trump as Justice Larsen is the second of three year in doing that. were confirmed under President Obama accomplished women whom the Senate Then, Senator MCCONNELL refused to in each of their first years. President will consider this week for appoint- even meet with Judge Garland, refused Trump’s nominees are moving twice as ment to our circuit courts. I assume to give him the courtesy of a meeting, fast as President Obama’s. that all three of these impressive even though the judge’s qualifications Senator MCCONNELL controls the women will receive strong support were unquestioned and even though he floor schedule. If he wants to schedule from our Democratic colleagues who had been confirmed to the DC Circuit more votes on judges, I suppose he has never seem to miss an opportunity to with broad bipartisan support. the power to do so. He is exercising talk about the war on women. The way Senate Republicans treated that power by doing something that Here is what nominees such as Lar- Merrick Garland was disgraceful, but has never happened in the history of sen and Barrett and the others we will Judge Garland was far from the only the Senate. Four circuit court judge consider this week represent for our victim of Republican systematic ob- nominees will be considered this week Federal judiciary: equal justice under struction during the Obama Presi- in the Senate. the law for all and a fair shake for dency. In 2016, there were 30 non- Since the Republicans in the Senate every litigant. What a refreshing de- controversial judicial nominees—17 are dedicating this week to judicial parture from President Obama and his women and 13 men—who were denied a nominations, it gives us a good oppor- so-called empathy standard for select- floor vote by Senate Republicans. All tunity to look at the nominees Presi- ing judicial nominees—really just an- but two of these nominees were re- dent Trump has put forward for life- other of the left’s ideological purity ported out of the Judiciary Committee time appointments to the second high- tests and one that was anything but with a unanimous vote of Democrats est courts in the Federal system. empathetic for individuals on the other and Republicans. Some of these nomi- Time and again, we have seen Presi- side of the case. If you are the litigant nees—like Edward Stanton of Ten- dent Trump nominate people who are for whom the judge does not have em- nessee and Julien Neals of New Jer- far outside of the judicial mainstream. pathy, you are in a tough position be- sey—sat on the Senate calendar for For example, there is John Bush, now a fore such a judge. more than a year, waiting for a vote judge on the Sixth Circuit, who blogged Finally, I would like to express my which the Republican majority leader about the false claim that President gratitude, once again, to Chairman and his Members refused to give them. Obama wasn’t born in the United During the last 2 years of President CHUCK GRASSLEY for his continued States, compared abortion to slavery, work to bring these outstanding nomi- Obama’s administration, the Repub- and said in his hearing that he thinks nees to the Senate floor. lican-controlled Senate confirmed only impartiality is an aspiration for a 22 judges in 2 years. That is the lowest judge, not an expectation. f number of confirmations in a Congress There is Damien Schiff, nominee for since 1952. By comparison, in the last 2 the Court of Federal Claims under RESERVATION OF LEADER TIME years of George W. Bush’s Presidency, President Trump, who called Supreme The PRESIDING OFFICER. Under the Democratic-controlled Senate con- Court Justice Anthony Kennedy ‘‘a ju- the previous order, the leadership time firmed 68 judicial nominees—22 under dicial prostitute.’’ is reserved. Republicans and Obama and 68 under There is Jeff Mateer, a Trump nomi- Democrats for President Bush. nee for the district court in Texas, who f That is not all. Republicans also ob- described transgender children as part structed 18 Obama nominees by deny- of ‘‘Satan’s plan’’ and who lamented CONCLUSION OF MORNING ing them blue slips. That is the permis- that States were banning so-called BUSINESS sion slip from a Senator from the State ‘‘conversion therapy,’’ the pseudo- The PRESIDING OFFICER. Morning of the judicial nominee. That included science of attempting to ‘‘convert’’ business is closed. five nominees who had been State su- LGBT Americans into heterosexuals.

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.002 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6887 There is Thomas Farr, Trump nomi- Given her lack of judicial record and should have any impact on the dis- nee for the district court in North her minimal record as a practicing law- charge of judicial duties of a Catholic Carolina, whom the Congressional yer, the Judiciary Committee looked judge. Black Caucus describes as ‘‘the pre- at Professor Barrett’s academic So was it any surprise that at least eminent attorney for North Carolina writings to try to understand who she five different Senators—three Repub- Republicans seeking to curtail the vot- is and what she believes. Basically, licans and two Democrats—asked her ing rights of people of color.’’ that is all we had to go on. about the article that she coauthored? There is Greg Katsas, nominee for Much of Professor Barrett’s writings It is no surprise that the gravity of this the DC Circuit, who refused to say at deal with when she believes it is ac- publication and the issue it raised led his hearing whether the torture tech- ceptable for judges to deviate from committee members on both sides of nique known as waterboarding is ille- precedent. For example, in a 2003 law the aisle to ask questions about the gal. journal article, she called for ‘‘federal nominee’s religious beliefs, the con- There is Brett Talley, a nominee by courts to restore flexibility to stare de- tents of her writings, and how it would President Trump to be Federal trial cisis doctrine.’’ In a 2013 article, she impact the discharge of her duties if judge in Alabama, who has never tried said that it is ‘‘more legitimate for [a she was approved by the Senate. a single case and he wrote in a blog: ‘‘I justice] to enforce her best under- Who asked the first question about pledge my support to the National standing of the Constitution rather the religious beliefs of Amy Coney Bar- Rifle Association, financially, politi- than a precedent she thinks clearly in rett? It was the Republican chairman cally, and intellectually.’’ conflict with it.’’ These are extraor- of the Committee, CHARLES GRASSLEY. There is Alabama district court and dinary—some would say even ex- He noted that Professor Barrett had Trump nominee Liles Burke, who hung treme—views of the obligation of a been outspoken about her Catholic a portrait of Confederate President Jef- Federal judge to follow established faith and asked her when it was proper ferson Davis in his office and defended precedent from someone who is seeking for a judge to put religious views above it at his hearing, saying it had ‘‘histor- a lifetime appointment to the second applying the law. Chairman GRASSLEY ical significance.’’ highest court in the land. also asked, in his second question, how There is Oklahoma district court I would like to address Barrett’s Law she would decide when she needs to nominee Charles Goodwin, who re- Review article. She co-wrote an article recuse herself on grounds of con- ceived a very rare rating of ‘‘not quali- in 1998 with John Garvey in the Mar- science. fied’’ to be a Federal judge from the quette Law Review entitled ‘‘Catholic Senator MCCONNELL comes to the American Bar Association. floor and suggests that any reference The list of Trump nominees goes on. Judges in Capital Cases.’’ This article was about what she perceived then as to that article somehow raises ques- Routinely, we see judicial nominees tions of religious bias. Let me say for under President Trump who have a his- the recusal obligations of ‘‘orthodox Catholic’’ judges. The article said some the record that I do not believe Chair- tory of taking ideologically driven po- man GRASSLEY is guilty of religious sitions that are out of the mainstream. provocative things. Here are some ex- amples: bias, nor have I ever seen any evidence Nearly all of these nominees are mem- of it. It was hard to imagine how he bers of the rightwing Federalist Soci- ‘‘A judge will often entertain an ideo- logical bias that makes him lean one could avoid the obvious. She had writ- ety, which President Trump uses as his ten a lengthy article—coauthored an gatekeeper for the Federal bench. way or another. In fact, we might safe- ly say that every judge has such an in- article on a subject, and he felt duty- Do you remember Neil Gorsuch, the bound, as chairman of the Judiciary Supreme Court Justice? Do you know clination.’’ Committee, to ask her questions about how he was notified that he had been ‘‘Litigants and the general public are her beliefs on the subject. I don’t be- chosen to be a candidate for the Su- entitled to impartial justice, and that lieve that Chairman GRASSLEY would preme Court? You would expect a call may be something that a judge who is ever apply a religious test to any nomi- from the White House, right—maybe heedful of ecclesiastical pronounce- nee, but he and many of us felt it im- even a call from the President? No. The ments cannot dispense.’’ portant to ask Professor Barrett to White House decided to delegate to the She wrote, when discussing the ‘‘be- state her position clearly on the con- Federalist Society to notify him. They havior of orthodox Catholics in capital vergence of her faith, her conscience, called Mr. Leo, their director, and said: cases,’’ that ‘‘the judge’s cooperation and her duties as a Federal judge. Why don’t you call Mr. Gorsuch and with evil passes acceptable limits when Similarly, Republican Senator ORRIN give him the good news? Well, it is no he conducts a sentencing hearing.’’ HATCH felt it necessary to ask Pro- surprise to those of us who know that This is an article written by the fessor Barrett to make clear a judge’s the Federalist Society, this conserv- nominee. This is an issue raised by the duty when the laws or Constitution ative group, is now the gatekeeper of nominee. It was such a profound state- conflicts with the judge’s personal reli- all the Federal judges under President ment about the relationship between gious beliefs. Again, I do not believe Trump. conviction, conscience, and religious Many of these nominees have given belief, that it was the subject of many Senator ORRIN HATCH, Republican of no reassurance that they will be inde- questions from many Senators on the Utah, would apply a religious test to pendent as judges. And the question ob- Judiciary Committee. any nominee, but the nominee’s viously is, What impact will the Presi- For the last 2 days, Senator MCCON- writings and the questions those dent—who has unfortunately deni- NELL has come to the floor and talked writings raised led him to ask the grated and pressured Federal judges in about the left asking questions about nominee that question. Later in the hearing, Senator TED the past—have on them? Amy Coney Barrett’s religious beliefs. Let’s consider the nominees before Obviously Senator MCCONNELL has not CRUZ, Republican of Texas, raised the the Senate this week. read the transcript from the Senate Ju- same issue. I will quote what he said to Professor Amy Coney Barrett, who diciary Committee. Professor Barrett: has been nominated to sit on the Sev- Some have suggested it was inappro- I’ve read some of what you’ve written on enth Circuit Court of Appeals, is a dis- priate for the Judiciary Committee to Catholic judges and in capital cases, and in tinguished professor at Notre Dame even question the nominee about the particular, as I understand it, you argued that Catholic judges are morally precluded Law School. She has strong academic impact of religious belief on the dis- from enforcing the death penalty. I was credentials. She clerked for Justice charge of her duties. Some of my col- going to ask you to just please explain your Scalia on the Supreme Court. But she leagues have questioned the propriety views on that because that obviously is of has no judicial experience. And she told of such questions in light of the Con- relevance to the job for which you have been the Judiciary Committee that she stitution’s clear, unequivocal prohibi- nominated. could only recall three litigation mat- tion on religious tests. But I would re- That was from Republican Senator ters that she worked on in her entire mind the Senate that it was the nomi- TED CRUZ. I do not suggest that he was career—three. She has never served as nee herself, in this 47-page Law Review guilty of any religious bias in asking a counsel of record in an appellate case article, who raised this issue on wheth- the question about an article written or ever argued an appeal. er the teachings of the Catholic Church by the nominee.

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.004 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6888 CONGRESSIONAL RECORD — SENATE October 31, 2017 I take our Constitution seriously applying a religious test in rejecting lic. She responded that this was a po- when it says there should be no reli- his nomination. litical debate on which she could not gious test for public office, but many When judicial nominees have put for- opine. I think that is an absurd posi- Senators on the Judiciary Committee— ward their views on issues like the tion, given that the debate here is over three Republicans and two Democrats, intersection of law and faith as part of her own nomination and getting infor- including myself—felt the writings of the academic legal debate, I think it is mation for her own recusal decisions. the nominee warranted an inquiry fair for members of the Judiciary Com- I also asked Justice Larsen if she about her views on the impact of her mittee to ask them about it. That is no agreed, as a factual matter, with Presi- religion on a judge’s role. That is far religious test by my measure. dent Trump’s patently absurd claim from a religious test in violation of the I voted against Professor Barrett’s that 3 to 5 million people voted ille- Constitution. nomination in committee because I gally in the 2016 election. I think that At her hearing, I asked Professor don’t believe she has sufficient experi- is an easy question. Justice Larsen Barrett several questions about her ence to be a circuit court judge and be- ducked it, saying that this was a polit- 1998 Law Review article. I asked her cause of her writings about precedent. ical debate. I am troubled by these an- whether she still agreed with her arti- No one doubts that she is smart, but swers. I believe Justice Larsen has not cle. She said in general that she did. I she has barely spent any time in the shown the necessary independence said that even though I am a Catholic, courtroom. The only basis we have to from the President or rightwing groups even though I have gone through 19 judge her on is on her academic like the Judicial Crisis Network, and years of Catholic education, I have writings. she does not earn my vote. never run into the term ‘‘orthodox Let’s be honest. If a Democratic NOMINATION OF ALLISON EID Catholic,’’ which she used in that arti- President had put forward a nominee I oppose the nomination of Colorado cle. I asked her if she could define it. with as little practical legal experience Supreme Court Justice Allison Eid to What was she saying? Whom did she de- as Professor Barrett and with a similar the Tenth Circuit. She is another on scribe? She said it was an imperfect history of advocating for not following the short list of 21 Supreme Court term but explained the context for her precedent, I think we know exactly nominees that the Federalist Society use of it. I asked her whether she con- how the Senators on the other side of and the Heritage Foundation assem- sidered herself in that category, using the aisle would have voted. As it bled for President Trump. She has now her term which she put forward as car- stands, I cannot support Professor been nominated to the seat of the rying certain obligations on judicial Barrett’s nomination. Tenth Circuit once held by Supreme recusal. She acknowledged again that NOMINATION OF JOAN LARSEN Court Justice Neil Gorsuch. the term is a proxy and that it wasn’t I oppose the nomination of Michigan I am troubled by the dissents Justice a term in current use. Supreme Court Justice Joan Larsen to Eid wrote in a number of cases. I asked Some have argued that I was impos- the Sixth Circuit. She is one of the 21 her about one of those cases during her ing a religious test—somehow, the Supreme Court candidates that the hearing. A 2015 case, Westin Operator, three Republican Senators asking the Federalist Society and the Heritage LLC v. Groh, involved a hotel that same question have not been chal- Foundation handpicked for President evicted a group of college-age, intoxi- lenged—or that I was insinuating that Trump. Clearly, those rightwing orga- cated friends into freezing weather one Catholics can’t serve on the bench. nizations are confident that they will night. The young adults ended up get- That is absurd. I myself am Catholic. I like her rulings if she is confirmed. ting into a car and driving away. The deeply respect and value the freedom of When she appeared before our com- car crashed, and a person was killed. religion in our country and the Con- mittee, I asked some simple questions, The family of Caitlin Groh, who suf- stitution. And I will let my record and I was troubled by the responses. fered traumatic brain damage in the speak for itself about the number of In 2006, Justice Larsen wrote an op-ed accident, sued the hotel for negligently Catholic nominees whom I have ap- defending President Bush’s use of a evicting the guests into a foreseeably pointed to the bench or tried to ap- signing statement on the McCain tor- dangerous environment. point to the bench with the concur- ture amendment. The McCain amend- Justice Eid’s dissent argued that the rence of the Senate during the course ment prohibited torture and cruel, in- court should have dismissed the Groh’s of my career. I voted for many judicial human, or degrading treatment. I family claim on a motion for summary nominees who are of the Catholic reli- asked Justice Larsen about that op-ed judgment. She said that she saw no gion, including Judge Ralph Erickson, and asked her if she believes material dispute of fact in the case be- who is outspoken about his Catholic waterboarding is torture and illegal. cause she claimed the hotel video faith and whom I voted to confirm sev- She would not answer the question. showed there were taxis in the area eral weeks ago. I am also sure I voted The law is clear on this matter, and I that the evicted guests could have against nominees who were Catholic as have voted against nominees in the taken. But the majority of the court well because I didn’t think they had past who would not acknowledge this. saw the same evidence, the same video, the experience, judgment, or tempera- I also asked Justice Larsen about the and came to the opposite conclusion. ment to serve in the Federal judiciary. $140,000 in ads that a dark money front The majority wrote: At nomination hearings, I ask ques- group called the Judicial Crisis Net- Video footage from hotel security cameras tions to try to understand how the work had run in support of her nomina- shows two taxis in the vicinity during the nominee would approach the job of a tion. This is the same rightwing, dark general timeframe of the eviction. No taxi is judge. I asked Professor Barrett ques- money organization that spent mil- visible on screen during the time in which tions about issues she raised in her lions of dollars in undisclosed dona- the group exited the hotel and walked to the academic writings that could directly tions running ads to oppose Merrick parking lot en masse, but there is a police impact the discharge of her judicial du- Garland’s nomination to the Supreme car parked at the entrance. It is unclear ties. Court and to support the nomination of from the record whether the taxis visible at I would note that Professor Barrett other times in the video were occupied or Neil Gorsuch. available for service, whether any member of put forward her views as part of the I am troubled that special interest the group saw the taxis, and whether the se- academic legal debate. Contrast that groups are making undisclosed dona- curity guards evicting the group were aware with Paul Abrams, President Obama’s tions to these nomination front groups. if a taxi was immediately available. . . . One nominee for the Central District of These special interests likely have a of the people evicted testified at his own dep- California, who was aggressively ques- stake in the cases that will come be- osition that he tried to look for a cab outside tioned by committee Republicans last fore these judges. The donations should the hotel but didn’t see one. year about statements he made while be transparent so that judges can make In other words, looking at the same speaking at his synagogue. Republicans informed decisions about recusal. evidence, the majority of the court ultimately blocked Paul Abrams’ nom- I asked Justice Larsen if she could could not reach the same conclusion. It ination. No one on this side of the call on this front group to stop running is difficult to understand how Justice aisle—not this Senator or any Sen- ads in support of her nomination unless Eid saw this evidence as undisputed ator—questioned whether they were donations to the groups are made pub- and why she wanted this case dismissed

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.005 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6889 on summary judgment—until you read September 12, 2009, at that Vanderbilt gressive prosecution of Linda Williams. the part of Justice Eid’s dissent where Criminal Justice Roundtable. What was she charged with? The al- she talks about ‘‘the burden that the According to the website of the Fed- leged theft of $7 from a cash register. majority is placing on Colorado busi- eralist Society, Professor Bibas also The magistrate judge acquitted this de- nesses.’’ That appears to explain her gave presentations on this same article fendant even before the closing argu- ruling, not the facts in the case. to three student chapters of the Fed- ment from defense counsel. The case In written questions I asked Justice eralist Society—on September 3, 2009, was weak, yet it was aggressively pur- Eid if she had also considered the bur- at George Mason; on October 21, 2009, sued by then-attorney Bibas. Professor den the court’s decision would place on at the University of Florida; on Octo- Bibas apologized at his hearing for this these young adults and their families. ber 22, 2009, at Florida State. Incred- prosecution, but we have seen over and She did not respond. ibly, this presentation by Professor over again that many people try to This is one of her troubling dissents, Bibas was advertised with the title walk away from who they are and what but there were others. In the 2014 case ‘‘Corporal Punishment, Not Imprison- they have done when it comes to a con- of City of Brighton v. Rodriguez, her ment: The Shocking Case for Hurting firmation hearing. dissent would have denied workers’ Criminals.’’ This is an insensitive title I believe these cases that I men- compensation for a city employee who for a presentation that called for ad- tioned, particularly this outrageous ar- fell down the stairs to her office and ministering electric shocks to human ticle, show a real insight into the judg- needed brain surgery. In the 2017 case beings. ment and temperament of this judicial of People v. Boyd, her dissent criticized In his draft article, Professor Bibas nominee. the State’s decision not to prosecute a thanked nine other people for their I have been a member of the Senate person on appeal based on a marijuana thoughts and comments on this paper. Judiciary Committee for a number of possession statute that is no longer op- This was not something the professor years, and I have seen many nominees. erative. The cases go on and give ample wrote as a child or even as a student. I will tell you without fear of con- reason why I do not believe this trou- When he wrote this paper in 2009, Pro- tradiction that I have never seen a bling record justifies Justice Eid re- fessor Bibas was a professor at the Uni- nominee who has written an article placing Justice Gorsuch on this impor- versity of Pennsylvania Law School, that is so unsettling and so worrying. I tant court. and he had already worked as an assist- wonder about the temperament of this NOMINATION OF STEPHANOS BIBAS ant U.S. attorney. He wrote this paper nominee. Given the power that we are The last nominee I will address is, I after Congress had considered the about to give him to judge the fate of believe, one of the most unusual I have McCain torture amendment. others for decades to come, can we ever seen before the Senate Judiciary At the hearing I asked Professor really trust his temperament? Can we Committee—Stephanos Bibas, who has Bibas: Do you remember the debate we really trust his judgment? been nominated for a lifetime appoint- went through as Americans about the Sadly, if the shoe were on the other ment to the Third Circuit Court. In acceptable method of interrogation for foot, if this were a nominee who had 2009, Professor Bibas wrote a lengthy suspected terrorists overseas? Do you been proffered by a Democratic Presi- draft paper entitled ‘‘Corporal Punish- remember the debate we had on the dent before that same committee, I ment, Not Imprisonment.’’ In it, he floor when Senator MCCAIN, the victim know exactly what his fate would have said that for a wide range of crimes of torture himself as a prisoner of war been. He would never have been taken ‘‘the default punishment should be in the Vietnam war, came forward and seriously or considered for such a high non-disfiguring corporal punishment, authored an amendment, which got a position. such as electric shocks.’’ He went on to vote of 90 to 9, condemning torture, Mr. President, the article by Amy call for ‘‘putting offenders in the cruel, inhuman, and degrading treat- Coney Barrett, ‘‘Catholic Judges in stocks or pillory where they would sit ment of prisoners suspected of being Capital Cases,’’ published in the Mar- or stand for hours bent in uncomfort- terrorists? I asked him if he remem- quette Law Review can be found online able positions.’’ Professor Bibas then bered that debate, which occurred 3 at http://scholarship.law.marquette went on to say that ‘‘bystanders and years before he wrote this outrageous .edu/cgi/viewcontent.cgi?article victims could jeer and pelt them with article. =1443&context=mulr, and the article by rotten eggs and tomatoes (but not He said at the hearing: Well, I want Stephanos Bibas entitled ‘‘Corporal rocks).’’ to make it clear that I don’t support Punishment, Not Imprisonment,’’ can For more severe crimes, Professor waterboarding. be found online at https:// Bibas called for ‘‘multiple calibrated I said: So you support electric shock www.judiciary.senate.gov/download/ electroshocks or taser shots’’ with on American prisoners, but you do not stephanos-bibas-corporal-punishment, medical personnel on hand to ensure support waterboarding? so that those who read my statement ‘‘that the offender’s health could bear He said on the record, under oath: ‘‘I will understand exactly what it was it.’’ [knew] it was a crazy idea.’’ based on. He also wrote ‘‘instinctively, many This is a man seeking a lifetime ap- I yield the floor. readers feel that corporal punishment pointment to the second highest court I suggest the absence of a quorum. must be unconstitutionally and in the land. This paper deeply troubles The PRESIDING OFFICER. The immorally cruel, but neither objection me. Not only did Professor Bibas go a clerk will call the roll. long way down a dangerous path with withstands scrutiny.’’ He then wrote The senior assistant legislative clerk his proposals, but this law school pro- that corporal punishment ‘‘in modera- proceeded to call the roll. fessor got the law wrong. The Supreme tion, without torture or permanent Mr. SCHUMER. Mr. President, I ask Court had made clear in 2002 in the damage, is not cruel.’’ unanimous consent that the order for Professor Bibas said at his hearing case of Hope v. Pelzer that the corporal the quorum call be rescinded. that he didn’t ultimately publish the punishment practiced in the State of The PRESIDING OFFICER. Without 60-page, footnoted paper because he re- Alabama of restraining prisoners by objection, it is so ordered. alized that his writings were wrong and tying them to a hitching post in un- offensive. He now says that he rejects comfortable positions constituted cruel RECOGNITION OF THE MINORITY LEADER his paper. But his 2009 paper was not and unusual punishment in violation of The Democratic leader is recognized. just scribblings on a notepad. This was the Eighth Amendment. RUSSIA INVESTIGATION a polished, heavily footnoted, 60-page Professor Bibas wrote his paper, Mr. SCHUMER. Mr. President, yes- draft law review article. workshopped it, took it to six different terday morning we learned that two Professor Bibas admitted that he pre- universities, and then ran away from it members of the Trump campaign—Mr. sented this draft paper at conferences— only after he heard how offensive his Manafort, his one-time campaign on June 8, 2009, a conference at the proposals were. chairman, and Mr. Gates, a close asso- University of Pennsylvania Law That is not my only concern about ciate of Manafort’s—were indicted on a School; on July 20, 2009, at George his nomination. We spent a lot of time dozen charges as part of Special Coun- Washington University Law School; on at the hearing talking about his ag- sel Mueller’s investigation, including

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.007 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6890 CONGRESSIONAL RECORD — SENATE October 31, 2017 money laundering, conspiracy to com- playing right into the partisan, two- where it goes. That is what our democ- mit fraud, and conspiracy against the sides instinct of Washington. But this racy is all about, and that is what lead- United States. goes beyond partisanship. It goes right ership is all about. The fact that the activity in question to the rule of law. REPUBLICAN TAX PLAN took place partially before the Trump The President has a tendency to call Mr. President, according to their campaign offered Mr. Manafort the role anyone who disagrees with him and timeline, House Republicans are set to of chairman in no way diminishes the anyone who has facts that he doesn’t release the details of their tax plan to- gravity of the situation. If anything, it like a liar, dishonest, and this, that, or morrow. We will see if they can do it suggests that the Trump campaign was the other thing. This has demeaned and and, if so, just how detailed it will be. negligent in hiring as its chairman a degraded our Presidency and even our What everyone in America should focus man who was an unregistered foreign country. There are places where it on is the question of who exactly the agent working for a pro-Russian proxy must stop, and it should stop at the Republican plan will benefit. Will it be party in Ukraine. That man is now al- rule of law. I say that to President the poor, the working class, or the mid- leged to have been laundering large Trump, who may never listen, but I say dle class, or will it be big corporations sums of money and concealing his iden- that to my Republican colleagues here and the richest 1 percent? tity as a foreign agent from the FBI in this Chamber. We live in a time of immense in- and the Department of Justice, includ- The Founders of the Republic put at equality, so much so that it strains the ing during his time during the Trump the center of our civic life no religion, bonds of affection that bind us together campaign. Imagine having such poor dogma, or sovereign, but rather the in this country. The wealthy have vetting and poor judgment to hire such rule of law. It is what separated the amassed astonishing wealth—and God a person as your campaign manager. American experiment from the heredi- bless them. We don’t begrudge them for We also learned that a Trump cam- tary monarchies of the era and out- their success, but working Americans paign adviser met with a Kremlin con- dated ideas like the divine rights of and middle-class Americans have tact to discuss ‘‘dirt’’ they possessed on Kings. slipped further and further behind. The Secretary Clinton and had several The rule of law holds in check our President is surely aware of this. He email exchanges with other Trump of- people, including our President. Donald rode into the White House by chan- ficials about his outreach to the Rus- Trump is President, not King. He can- neling the legitimate anger and anx- sians. This disclosure should put an not decree things to go away or say iety of working-class Americans who end to the idea that there was no com- that facts are not facts. He is as sub- have seen their wages diminished and munication or possible connection be- ject as anyone else to the rule of law. their jobs shipped overseas. tween the Trump campaign and Russia. That is what makes our democracy so Will President Trump and his Repub- It is not fake news, Mr. President. It grand. No one—no one—is below the lican Party, once in power, turn around is not fake news. There was a connec- rule of law’s protection, and no one is and rewrite the Tax Code to benefit the tion between the Trump campaign and above its reproach, including the Presi- wealthy few at the expense of the mid- Russia. Who was involved, how much, dent of the United States. It safeguards dle class? Will he do a 180-degree turn and what happened are yet to be deter- our democracy from the usurpations of from what he campaigned on and what mined, but there was a connection, demagogues and would-be dictators. It he talks about and pass a plan for the even though the President has denied is why this noble experiment—the hard right—those wealthy thousand that connection for months. American experiment—continues, and people who give so much money to the The President can assert whatever he Donald Trump is shaking the founda- Republican Party and think tanks? wants on Twitter, but the facts are the tion of that when he tries to get out Will he bow to them against everything facts. There were official members of from Special Counsel Mueller’s due he campaigned on and what he says? It the Trump campaign who were recep- process. sure seems so. tive to working with a hostile foreign What Special Counsel Mueller rep- On Wednesday, Republicans will like- power to obtain damaging information resents is the rule of law at work in ly propose to eliminate or substan- about their political opponent. These 21st century American democracy. In- tially reduce the State and local tax revelations should concern every Mem- tentionally and spuriously impugning deductibility, a bedrock middle-class ber of this body—Democrat, Repub- his integrity or smearing his efforts as deduction claimed by over one-third of lican, Independent, liberal, moderate, partisan is not only inaccurate, it is all taxpayers—not just the wealthy— and conservative. not only false, it is not only fake, but most of whom are in the middle class I understand the strength of the cen- it is damaging to a core ideal in our or the upper middle class. The proposal trifugal forces in our politics that warp country, the independent and impartial caused such angst in the House that it everything into a partisan battle be- rule of law that no man—even the almost brought down the budget reso- tween two sides. There are two sides to President of the United States, even lution. So Republicans have crafted a every argument, but no one is above Donald Trump, think what he may—is compromise that would allow tax- the law, no matter what side of the ar- above the rule of law. payers to claim State and local deduc- gument one is on. The rule of law and Special Counsel Mueller’s investiga- tions on property taxes but not sales American democracy are indisputable tion must be allowed to proceed and income tax. That compromise as our bedrock. We cannot abandon it unimpeded, and my friends on the would still cost taxpayers $900 billion. for political expediency. other side of the aisle must help dispel Taxpayers in high sales tax States, Special Counsel Mueller, who served the notion that his investigation is in like Tennessee, Florida, and Nevada, both Republican and Democratic ad- any way partisan. To their great cred- would get whacked, as would taxpayers ministrations—a lifetime public serv- it, many of my colleagues have done in high income tax States, like New ant and a man of unimpeachable integ- just that in the last 24 hours, and I sa- York, New Jersey, California, Min- rity—was appointed by President lute them. nesota, and Colorado. Go figure that Trump’s Deputy Attorney General. Mr. The American people must have faith high property tax States, like Texas, Mueller was a career prosecutor and is that when the very foundations of our Chairman BRADY’s State, would be bet- as straight of a shooter as they come. democracy are shaken by a hostile for- ter off under the proposal. He must be allowed to finish the work eign power, our independent judicial Picking winners and losers like this he started without any interference. If system built on the rule of law will not doesn’t solve the problem. The new he had nothing to fear, as he claims, be degraded by partisan politics. We State and local compromise is still a President Trump would encourage Spe- must loudly reject forces and actors nearly $1 trillion tax hike on the mid- cial Counsel Mueller to follow every that will try to make it so—on both dle class to pay for tax giveaways to lead and pledge his full cooperation. In- ends of Pennsylvania Avenue. Our lead- big corporations and the very wealthy. stead, President Trump is again trying ers—our Republican leaders in the I say to my Republican colleagues in to divert our attention by making spu- House and Senate—have an obligation the House, particularly to those from rious allegations and trying to knock to tell Donald Trump to lay off suburban and fairly affluent districts, down anyone or anything in his way, Mueller’s investigation. Let it proceed middle-class and upper middle class

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.008 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6891 districts, that they vote for this com- clear that you have to signal a level of There are guns everywhere you look promise at the same peril as they voted extremism on issues like firearms in in cities like Bridgeport, New Haven, for the bill that would totally elimi- order to get your name brought before Hartford, New York or Chicago. People nate State and local deductibility. The this body. That signal is wildly out of say: Why is that? Why are there all damage still remains, and don’t think a step with where the American public is these guns—many of them, if not most small compromise—a small haircut— on many of these issues. of them, illegal guns—if you have can let you escape from the political I have come to the floor over the strong gun laws in places like New whirlwind you would reap if you vote course of the last 4 years every few York, Illinois, and Connecticut? The for this bill. weeks in order to talk about the fact reason is that gun trafficking doesn’t The Republicans are also likely to that there is no other country in the recognize State boundaries, and the unveil tomorrow what they plan to do world where 80 to 90 people every single guns used to commit crimes in places with 401(k)s. We have heard reports day die from guns. The numbers are like Connecticut come from outside of that Republicans want to tax 401(k)s to just absolutely stunning. Some 2,800 Connecticut. get more revenue to pay for their tax people a month die from guns, and A comprehensive, groundbreaking giveaways to the rich. It is another 33,000 a year. The majority of those are survey of gun crimes in New York City clear example that this plan is not suicides, but there are record numbers found that 75 percent of the guns that going to be for the middle class. The of homicides and accidental shootings are used to commit crimes in New 401(k)s are one of the best tools we in this country. Americans by and York City come from outside of New have to encourage Americans to start large don’t accept this rate of slaugh- York State. They come from States saving early for retirement. We know ter. Americans want us to change our with looser gun laws, where you as a Americans aren’t doing enough of that laws, and they don’t want a judiciary criminal can easily buy a gun without right now, at the same time that de- that is going to stand in the way of having to prove you are a responsible fined benefit plans are enjoyed by Congress’s ability to follow the wishes gun owner. fewer Americans than in the past, as of our constituents. How do all these illegal guns get into companies reduce or eliminate pen- I have been coming down to the floor Bridgeport such that somebody can sions. Why make it even harder for to tell the story of the victims. My turn a corner and walk into a barber- Americans to prepare for their retire- hope is that, although the data hasn’t shop with a weapon in their hand? It is ment on their own by saving through moved this Congress—90 percent of because criminals with criminal 401(k)s? Why tax them so that you can Americans want stronger gun laws— records go into gun shows in States give tax cuts to the very rich? the data incontrovertibly shows that in that don’t require background checks We Democrats have a better deal to places that have universal background at those forums, buy up dozens of offer the American people on 401(k)s. checks or laws requiring you to get weapons, load them into their cars, and Rather than having Uncle Sam dip his local permits before you buy a gun, then drive up to States with tougher hands into American retirement plans, there are less gun crimes. gun laws and sell them on the black we Democrats believe Americans de- Maybe if the data doesn’t move my market. serve a helping hand when it comes to colleagues, the story of the victims Congress willingly allows this to hap- their retirement. In just a short time, will. Deon Rodney was shot on October pen because we have not moved our we will release our 401(k) plan. 14 of this year, just a few weeks ago. He mandatory system of background I yield the floor. was working at Just Right Cutz, where The PRESIDING OFFICER (Mr. checks to the places in which gun pur- he was a barber, in Bridgeport, CT. He chases are made today. Data is a little STRANGE). The Senator from Con- was the 22nd homicide victim in necticut. bit hard to pin down, but anywhere Bridgeport this year. from 25 to 40 percent of gun sales today GUN VIOLENCE He had just finished cutting a young Mr. MURPHY. Mr. President, last don’t involve a background check. You boy’s hair in a chair when a masked can understand why. Sales have mi- week, we voted on a judge who felt it gunman chased somebody else into the necessary to sign up for a lifetime grated to online. They have migrated barbershop. Police said Deon was pro- to gun shows. They have gone to places membership with a political organiza- tecting the young boy, shielding the tion in order to get his nomination for- where background checks aren’t re- young boy from this intruder who came quired. warded back before this body. running in. He jumped out of his chair The judge we voted on last week be- I mentioned what the data tells us to try to get in between the boy sitting when it comes to background checks. came a lifetime member of the NRA in in the barber’s chair and the gunman, between his appointment by President The data tells us background checks and the gunman shot him. save lives. Here is one slice of the data. Obama and, then, his appointment by The owner of the barber shop said: President Trump—a signal, apparently, In States that have universal back- Deon had just finished his haircut and the ground check laws, 47 percent fewer to the new Republican White House boy was getting ready to go outside when the that he would align with their inter- gunman came in. He saved everyone in the women get shot by an intimate partner ests and views on issues related to the barbershop. than States without universal back- regulation of firearms in this country. Deon was 31 years old. He left behind ground check laws. That is because, in We are going to see a parade of very his wife, his mother, plenty of other the heat of passion, domestic abusers interesting choices for the Federal ju- family members, and an 8-year-old often go to get a weapon and use it to diciary come through this body, and daughter. perpetuate a domestic violence crime. they are going to be moved in rapid Speaking about their daughter, You can’t do that if you have a domes- succession, as they are this week. I Deon’s wife said: tic violence history in a State with a have been told that never before have He loved her endlessly, unconditionally. universal background check law be- cause wherever you go, you are going we taken four votes on appellate nomi- His mother said: to be prohibited from buying that nees in a single week. Of course, that Deon is a part of me. He was my son, but stands in contrast with the Republican he was also my friend. weapon. Since November of 1998, more than Senate that refused to give even a His cousin said: hearing to one Supreme Court Justice 2.4 million gun sales to prohibited pur- I know that everyone is recognizing his over the entirety of 2016. I think it is chasers have been prevented because of heroism now, but he was always like this. 1 worth noting that this body can move Always a role model and always willing to background checks; 2 ⁄2 million people fast when it wants to, and yet we give. Always willing to go out of his way to who were criminals or who were ad- watched a Supreme Court seat be sto- help a stranger. Nothing has changed all dicts or who were seriously mentally len by this Senate from a Democratic these years. I guess I’m glad that the masses ill were stopped from buying guns be- President who, by constitutional right, can now see this. cause of our background check laws. had the ability to make that appoint- The owner of the barbershop went on Because we now have at least one-quar- ment. to say of Deon: ter of all sales happening without I bring up the lifetime membership in He’s dead because of these people running background checks, that means there the NRA because it is increasingly around with guns. are hundreds of thousands of criminals,

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.010 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6892 CONGRESSIONAL RECORD — SENATE October 31, 2017 hundreds of thousands of people with military-style weapons that you can They have hand-picked politicians who serious mental illness who are able to use to kill dozens of Americans. ISIS will enact laws that will make it easier buy guns. It is not surprising that 90 and al-Qaida are telling their potential for corporations to abuse their workers percent of Americans, 90 percent of gun recruits in the United States to go to or cheat their customers or make an owners, 90 percent of Democrats, and 90 gun shows so they don’t have to submit extra buck and make it harder for percent of Republicans support ex- themselves to a background check and agencies to hold them accountable for panded background checks. so there is no paper trail of the gun wrongdoing. They have executed a I would argue there is not another they are buying in order to kill Ameri- well-funded campaign to rig the rules issue out there in American politics cans. of the game so the powerful always today that enjoys 90 percent support Why wouldn’t we adjust our laws to come out on top and the people come amongst Republicans and Democrats. recognize that the new weapon of out on the bottom, and they know the Senator DURBIN corrected me the other choice of terrorists is not an airplane, courts are the place where they can day and said the latest survey states but it is today a tactical weapon shape the law for decades to come. that the number is actually 94 percent bought outside of the background Most Americans already know that support from Republicans and Demo- check system. I have a million more while we have one set of laws on the crats. The only slice of the American reasons why we should do what 90 per- books, we really have two different ju- electorate that you can get under 90 cent of the American people want, and dicial systems. One justice system is percent support of background checks someday maybe we will get there. for the rich and the powerful. In that is NRA members. NRA members sup- So 33,000 people a year, 2,800 a month, system, government officials fret about port universal background checks at a 93 a day—that is a rate of gun violence being too tough on white-collar crime 75-percent clip. Background checks that is not twice that of other industri- so wealthy individuals or giant cor- save lives, they are supported by the alized nations. It is not 5 times, it is porations that break the law walk vast majority of the American public, not 10 times, it is 20 times higher than away with a small fine and a pinkie promise not to do it again, and when and yet we can’t get it done. the rate of gun violence in other indus- those executives break that promise, This month, I, along with a couple trialized countries in this world. It is they get 2nd, 3rd, and 23rd chances. dozen cosponsors, introduced a new not because we have more people who Every time they get caught, the cycle version of legislation allowing for are mentally ill, and it is not because repeats. The corporation pays the fine, background checks to occur in every we spend less money on law enforce- says some magic words, and everyone commercial sale that is conducted in ment. It is, by and large, because we this country, with commonsense excep- goes right back to breaking the law. have a set of gun laws that allow for il- The second justice system is for ev- tions, making sure that when you are legal guns, dangerous weapons to flow eryone else. In that system, tough on gifting a firearm to a family member into the hands of very dangerous peo- crime is the name of the game. People or you are loaning a gun to a friend ple. are locked up long before they go to who wants to take it to go hunting, I hope my Republican colleagues will trial because they don’t have the you don’t have to conduct a back- take a look at the new background money for bail. Individuals who com- ground check under those cir- checks legislation I have introduced mit minor, nonviolent offenses are cumstances, but if it is a traditional with many of my colleagues, and we slapped with long prison sentences, and arm’s-length sale, then you have to go can finally get to a place that 90 per- even after they serve those sentences through a process, which normally cent of our constituents want us to be. and are released, they are branded with takes 10 minutes in order to prove you I yield the floor. a scarlet letter that creates barriers to are not a criminal. Again, this proposal The PRESIDING OFFICER. The Sen- employment, to housing, and to oppor- is supported by 90 percent of Ameri- ator from Massachusetts is recognized. tunity. That second justice system cans. It is time we recognize that it is Ms. WARREN. Mr. President, just even traps families, children, and el- directly connected to this epidemic of last week, the Republican-controlled derly parents whose families are blown gun violence that plagues the country. Congress rammed through a budget apart and whose communities are de- Let me close by making another ar- with the sole purpose of allowing Re- stroyed. gument to you. I know a lot of my Re- publicans to enact a tax plan that That second justice system has publican friends talk a lot on this floor would take money from working Amer- earned America the dubious title of and on the cable news shows about the icans and put it into the pockets of holding the world’s highest incarcer- threat of terrorism to this country. giant corporations and wealthy indi- ation rate. Despite having less than 5 When the terrorists decided to use viduals. The following week they killed percent of the world’s population, the planes as their weapon of choice to at- an important rule that would have United States holds more than 20 per- tack our country, we changed the way made it easier for Americans to hold cent of the world’s incarcerated popu- our law protects us from attacks by big banks and corporations account- lation. Russia, China, and North Korea airplanes. We made sure we screened able when they lie, cheat, and steal don’t even come close—not only in raw individuals before they got on these from working families. numbers but in the percentage of their planes to make sure they don’t have There have been countless stories of population behind bars. America’s weapons or bomb-making material that the Trump administration in dis- legal system is great at locking people could ultimately threaten the rest of array—juicy rumors of distrust and di- up but terrible at doing what it is sup- us. We now all take off our shoes every vision between and among congres- posed to do, dispensing equal justice time we get on an airplane because we sional Republicans and the White under law. recognized that we needed to change House, reports of Republicans’ inabil- Those words—‘‘Equal Justice Under our laws to understand that these ity to advance key parts of their agen- Law’’—are etched into the front of the planes were being used to attack Amer- da, but that is only half the story. The Supreme Court. If we truly believe ican citizens. other terrifying half is this. Since day those words, we need to start making These terrorist groups have recog- one of this administration, President some changes, and in recent years, we nized that it is now pretty hard to get Trump and congressional Republicans have seen some progress. Some State somebody with a weapon or an explo- have been working hard to make gov- and local governments have made real sive device on a plane so they are now ernment work better and better for the efforts to reduce crime and lower in- directing would-be attackers to a dif- rich and the powerful. While they have carceration rates. Massachusetts is one ferent forum. An issue of Rumiyah, fumbled on their legislative agenda, of the States leading the way with which is Isis’s propaganda magazine, they have been quietly working to help elected officials in both parties debat- encouraged recruits in the United powerful interests capture our courts. ing transformative changes to the judi- States to take advantage of our loose That shouldn’t come as a surprise. cial system aimed at replacing this gun laws. It specifically told people go For decades, those powerful interests tough-on-crime policy with smart-on- to gun shows where you will not have have poured eye-popping amounts of crime policies. The call for reform also to present identification or submit to cash into electing politicians who will extends to corporate crime. Public out- background checks in order to buy promote their interests in Washington. rage at corporate greed has created

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.012 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6893 pressure to hold the rich and the pow- NOMINATION OF STEPHANOS BIBAS towns linger in prison for minor erful a little more accountable, but This week, the Senate will also vote crimes. They know the legal system is President Trump is committed to re- on the nomination of Stephanos Bibas deeply unjust and badly broken. versing that trend. He is working hand to sit on the Third Circuit Court of Ap- It is up to us—to every Member of in hand with this Republican Congress peals. Mr. Bibas worked as a Federal this Chamber—to fix that broken sys- to ensure that the rich get to play by prosecutor in Manhattan. You would tem. Rejecting judicial nominees who their own set of rules while everyone think that there would be plenty of will make it worse is a really good first else gets crushed under the awesome work for a Federal prosecutor with step. It is not just the right thing to power of law enforcement. oversight of Wall Street and all of the do, it is what the American people sent This week will be a big step forward other corporate executives in New us here to do. for the two-part justice system as this York City. You would think that, but I yield the floor. Senate prepares to hand lifetime ap- you would be wrong. Mr. Bibas’s most I suggest the absence of a quorum. The PRESIDING OFFICER. The pointments to four judges whose ca- famous case involved prosecuting a 51- year-old woman who was accused of clerk will call the roll. reers make it clear that they have no The legislative clerk proceeded to interest at all in fixing our broken jus- stealing $7 from the cash register at her cafeteria job. That is right. While call the roll. tice system. Mr. LANKFORD. Mr. President, I ask going to work every day in the shadow Let’s take a look at their records. unanimous consent that the order for of Wall Street, Mr. Bibas decided that NOMINATION OF ALLISON EID the quorum call be rescinded. it was the best use of his time and Fed- Colorado Supreme Court Justice Alli- The PRESIDING OFFICER. Without eral Government resources to pursue a son Eid, who was nominated to serve objection, it is so ordered. $7 case. He eventually lost the case but on the Tenth Circuit Court of Appeals, Mr. LANKFORD. Mr. President, I not before the woman lost her job. has used her power as a State Supreme have the opportunity to speak to this Then there is Amy Coney Barrett, Court Justice to shield corporations body today about Amy Barrett. Her President Trump’s nominee for the from accountability. She has voted to nomination is currently pending to be Seventh Circuit Court of Appeals. She make it harder for individuals to bring a circuit court judge. There is a pretty has also taken a throw-the-book-at- class action lawsuits against huge cor- high standard for those individuals be- them approach to crime—at least to porations that break the law. Sound fa- cause they handle some incredibly dif- not-white-collar crime. She believes miliar? Ms. Eid would fit right in with ficult constitutional cases. What is that the Miranda doctrine, which pro- the Senate Republicans, who just voted good about this is that Amy Barrett tects criminal defendants from coer- to make it easier for big banks and fi- meets the high standard for those cive police tactics, is not required by nancial institutions to cheat people qualifications. the Constitution, and she has criticized and walk away scot-free. Professor Barrett received her B.A. efforts to reverse the damage that has in English literature magna cum laude Ms. Eid also voted to deny workers’ been done by the sentencing disparity compensation to an employee who was from Rhodes College and her J.D. between powder and crack cocaine—a summa cum laude from Notre Dame injured at work and knocked uncon- disparity that has been rightly criti- scious because—get this—he couldn’t University Law School, where she cized by Republicans, Democrats, reli- served as executive editor of the Notre remember the details of what hap- gious leaders, and civic leaders across pened. So Ms. Eid said that meant that Dame Law Review. this country as rooted in our long his- She currently serves as a research there was going to be no liability tory of racial disparities in law en- professor of law at Notre Dame Univer- there. forcement. sity Law School. Professor Barrett This kind of blocking and tackling We have two justice systems in teaches and researches in the areas of for powerful companies that hurt con- America—one for the rich and powerful Federal courts, constitutional law, and sumers and workers should be embar- and one for everyone else. Part of the statutory interpretation, publishing rassing. With this President and this way we fix that problem is by making scholarship in leading legal journals, White House, though, it buys a lifetime sure that we put judges on the Federal such as the Columbia, Virginia, and appointment to the Federal bench in bench who are fair, impartial, and com- Texas Law Reviews. Those aren’t easy order to shield corporations from the mitted to dispensing equal justice areas to be able to publish in or an law on an even bigger stage. under the law. Fair and impartial easy professorship to be able to land. NOMINATION OF JOAN LARSEN judges are supposed to stand up for jus- Before joining Notre Dame, Professor Ms. Eid is not the only nominee up tice when prosecutors try to ruin some- Barrett clerked for Justice Scalia of for consideration who would leave one’s life over allegedly grabbing seven the Supreme Court of the United working Americans out in the cold. bucks from the cash register. They are States and for Judge Silberman of the Michigan Supreme Court Justice Joan supposed to stand up for justice when U.S. Court of Appeals for the DC Cir- Larsen, who has been nominated to consumers and workers seek a day in cuit. Following her clerkships, she was serve on the Sixth Circuit Court of Ap- court against giant companies that an associate, where she litigated con- peals, voted again and again to block have injured them. But the judges be- stitutional, criminal, and commercial injured plaintiffs from having their fore the Senate this week do not stand cases both in trial and appellate cases heard. Giant companies and mil- up for justice; instead, they stand up courts. Professor Barrett also served as lionaires liked her so much that they for the powerful against the people who a visiting associate professor at George spent over half a million dollars to get desperately need someone who will be Washington University Law School. her elected to the Michigan Supreme fair even to those who do not have She seems to be eminently qualified. Court. And why wouldn’t they? Now money. These nominees are right at Then what seems to be the issue? Inter- she is going to be elevated to a lifetime home in Washington’s rigged system. estingly enough, she faced a very odd appointment on the Federal bench, and They are judges who will continue to set of questions during her confirma- that is a pretty good return on their in- apply one set of rules to the rich and tion process—questions not about her vestment. powerful and an entirely different set legal scholarship, not about her quali- Yes, these judicial nominees have of rules to everyone else. fications, but, oddly enough, about her bent over backward to help the It is no wonder that Americans are so Catholic faith. It wasn’t about her tem- wealthy and the well-connected escape angry with Washington. They have had perament. It wasn’t about her fairness. accountability, but that is only half of it up to their eyeballs with bought-and- It wasn’t about scholarship. It was the story. Trump nominees have a very paid-for politicians who spend more whether her Catholic faith would get in different view of what justice means time catering to their wealthy bene- the way of her being a good judge. for individuals who lack the money or factors than promoting the interests of Quite frankly, it wasn’t about whether the resources to pay high-powered legal constituents who are back home. They she had chosen a faith; it was the prob- teams or to pay political campaigns to are tired of giant corporations getting lem that she actually seemed to live influence judge decisions and judge se- a slap on the wrist for massive wrong- her faith that became a big challenge lection. doing while people from their home- during the questioning time period.

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.013 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6894 CONGRESSIONAL RECORD — SENATE October 31, 2017 It is odd for us as Americans because that they believe in things like do not is the whole nation that will be the loser, in this seems to be an issue we resolved murder, do not steal, do not covet, the eyes of Catholics and non-Catholics 200-plus years ago. We resolved it in ar- honor your father and mother, or even around the world, in the eyes of history, and ticle VI of the Constitution, which says things as radical as, in whatever you in the eyes of our own people. that there is no religious test for any do, do unto others as you would have This should be a settled issue for us, officer of the United States. There is them do unto you. not a divisive one. We are a diverse na- no requirement to be of a certain faith It doesn’t seem that radical of a be- tion—diverse in backgrounds, perspec- or, if you are of a certain faith, to take lief that we would have to challenge tives, attitudes, and yes, diverse in that faith off if you are going to serve and wonder whether one was able to be faith. I look forward to supporting Pro- in the United States. We have in our a judge if they believe in those things. fessor Barrett in this position, and I Constitution a protection not of free- We dare to believe in something be- look forward to seeing her decisions as dom of worship, which I hear some peo- yond us, as do millions of other Ameri- they come out of that court, consistent ple say—they are free to worship as cans. with the law—as she is well trained to they choose—that is not our constitu- I really thought that our Nation was be able to do—and consistent with our tional protection. Our constitutional past this, that our Nation that speaks convictions as Americans. protection is the free exercise of your so much of diversity and of being open With that, I yield the floor. religion—not just that you can have a to other ideas is somehow closing to The PRESIDING OFFICER. The Sen- faith, but you can both have a faith people of faith. People who say they ator from Virginia. and live your faith according to your want to demand that everyone be in- AUTHORIZATION FOR USE OF MILITARY FORCE own principles. That is consistent with cluded are afraid of people who have Mr. KAINE. Mr. President, I rise to who we are as Americans, that we faith and live their faith. Why would speak on a topic I have often spoken allow any individual to have a faith that be? If we are going to be an open about on the floor. and to live their faith both in their pri- society, is it not open as well to people We have been at continuous war vate and public life or to have no faith of faith to not only have a faith but to since September 14, 2001, when Con- at all if they choose to have no faith at live their faith? gress passed an Authorization for Use all. That is a decision for each Amer- We hit a moment like this in the of Military Force to go after the per- ican. 1960s, and I thought we had moved past petrators of the 9/11 attacks. That was But we don’t ask individuals—as has it. There was a Senator at that time 16 years, 1 month, and 18 days ago as of been asked of this individual—whether who was running to be President of the today. faith will be the big issue and whether United States. We know him as John The war in Afghanistan is the longest faith becomes a question in whether Kennedy. armed conflict in America’s history, they are capable to serve other fellow Senator Kennedy was speaking to a and it shows no signs of abating, even Americans. group of ministers in Houston, TX, in 6 years after the death of Osama bin What is so dangerous, quite frankly, the 1960s, and he had to stand before Laden. The conflict has been going on about her Catholic faith and her Chris- them and explain his Catholic faith be- for so long that many are somewhat tian beliefs as far as her being a judge? cause, quite frankly, there was this immune to it. I heard a high schooler Are people afraid that she will actually buzz: Could someone be a Catholic and recently say: War is all I have ever live out what the Book of Proverbs be President? What would that mean? known. It is the status quo. It is the says—to speak up for those who cannot Would you have difficulties with that? background music to daily life. speak for themselves, speak for the The questions that were asked of Yet only 0.4 percent of the population rights of all who are destitute, speak Professor Barrett were strikingly simi- of the United States serves in the mili- up and judge fairly, defend the rights of lar to the questions that were asked of tary. That is down from 1.8 percent in the poor and the needy? Is that what Senator Kennedy when he was running 1968 and 8.7 percent in 1945, so it is in- everyone is afraid of, that she will ac- to be President of the United States. creasingly unlikely that many of us tually live out that Biblical principle? Here is how Senator Kennedy re- even know those who are deployed and I am a little confused why comments, sponded: fighting in this ever-expanding global such as ‘‘The dogma lives loudly within For while this year it may be a Catholic conflict. you,’’ were said during her questioning against whom the finger of suspicion is Sadly, last week, for tragic reasons, in the committee, and there were other pointed, in other years it has been, and may these issues were brought to the fore- questions to challenge her Catholic some day be again, a Jew—or a Quaker or a front with the death of four brave faith. Faith is a choice that each indi- Unitarian or a Baptist. It was Virginia’s har- American servicemembers in Niger: vidual has, and it is an extremely per- assment of Baptist preachers, for example, Army SGT La David Johnson, SGT sonal but also extremely important that helped lead to Jefferson’s statute of re- Bryan Black, SGT Jeremiah Johnson, ligious freedom. Today I may be the victim, choice. and SGT Dustin Wright. Some individuals in America—myself but tomorrow it may be you—until the whole fabric of our harmonious society is Two of those killed—the two Ser- included—choose to look past the mun- ripped at a time of great national peril. . . . geants Johnson—were part of a 12-man dane, day-to-day events and to think And in fact, this is the kind of America for patrol whose mission is not clear. We there is someone and something higher which our forefathers died, when they fled know that their trained military occu- than us. We don’t just look at the cre- here to escape religious test oaths that de- pational specialties—vehicle mechanic ation around us; we wonder about the nied office to members of less favored and chemical-biological specialist— Creator who made it. We don’t just churches; when they fought for the Constitu- were outside traditional combat roles. wonder about cosmic dust smashing tion, the Bill of Rights, and the Virginia In a June war powers letter, the De- into each other; we ask a logical ques- Statute of Religious Freedom; and when partment of Defense described the mis- they fought at the shrine I visited today, the tion: If cosmic dust were to smash into Alamo. sion of over 645 military personnel in each other in space and create all there Niger as ‘‘advise and assist,’’ but none is, who made space and who made the JFK had visited the Alamo that day. of the varying accounts of what took cosmic dust that smashed into each For side by side with Bowie and Crockett place in early October seem to support other, and how did that happen? Faith died McCafferty and Bailey and Carey. But that seemingly benign summary of no one knows whether they were Catholic or drives us to ask harder questions and not, for there was no religious test at the what occurred. to look a little longer at things that Alamo. Frustration over this lack of under- other people just see as plain in front standing of that mission and the events Then he made this closing statement: of them. We ask what is behind it. A that transpired were shared by every- lot of Americans do. It is not irra- If I should lose on the real issues [of the one from Secretary Mattis to all the Presidential race], I shall return to my seat Members here. I can’t imagine what tional; it is a part of who we are and a in the Senate, satisfied that I had tried my part of how we are made. best and was fairly judged. But if this elec- the servicemembers on duty and their It is a challenge to us as Americans tion is decided on the basis that 40 million families must be feeling. We see the to be able to challenge an individual Americans lost their chance of being presi- strain that an ever-expanding oper- and to say: That person is so radical dent on the day they were baptized, then it ational commitment is having on our

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.015 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6895 military, from our servicemembers re- of course, we are not playing ‘‘Mother fied to Congress, pursuant to war pow- lying upon foreign countries or con- May I’’ on this question. It is ers letters, but we are planning to en- tractors to provide critical air support Congress’s role, pursuant to article I, gage in casualty evacuation in connec- where servicemen are stranded on the to declare war. tion with high-risk activities in all of battlefield for over a day, to our war- I disagree with the legal analyses of- these countries in Africa. ships, for which schedules have been so fered by all three administrations. I I would like to have a process that strained that their crews are unable to was tough on President Obama about informs Congress—and informs the safely navigate international waters. this, as well, that the 60-word author- public—that is equal in transparency Being a Senator from Virginia, a ization from 2001 covers military ac- to what we put in contracting docu- State with one of the largest military tion all over the globe. But there is ments to inform military contractors. presences that is home to tens of thou- some legal dispute about the question, So Senator FLAKE and I have intro- sands of servicemembers and their fam- still. duced an authorization for military ilies, I have a personal responsibility to Beyond the legal question, there are force intended to keep the Congress ensure that these strains don’t lead to also questions of moral authority, po- and the American people not only in- any more tragic mistakes. litical authority, and the abdication of formed of our military operations but The attack in Niger has also laid responsibility in this body. Seventy- also engaged in carrying out our con- bare other issues: how little informa- five percent of the Members of Con- stitutional duty. The intent is to rec- tion is provided to Congress about U.S. gress today were not even here when ognize the fluid environment in which troops deployed abroad equipped for the 2001 authorization was passed and, our military must operate to imple- combat; how little Congress exercises thus, have never had to cast a vote on ment the counterterrorism campaign. the authority and oversight of these it, even as our men and women risk Terrorist organizations don’t nec- issues and demands information to de- their lives and, in some instances, are essarily operate in just one country. bate before the public; and the possible killed in action. They don’t follow Geneva Conventions. ‘‘mission creep’’ and growth of military Simply put, the 2001 AUMF has be- It is a different kind of military action, forces in Africa—an increase by a fac- come a golden ticket that justifies U.S. but the requirement for congressional tor of 17 over the past decade—in which military action against terrorist approval is no less important. We need hundreds of missions are being run groups all over the globe without the to make our legal authorities, which daily in over 20 countries where there need for additional congressional ap- are now dated, current and appro- is no specific authorization for use of proval. I am not surprised the Execu- priately scoped. military force provided by Congress. tive wants to keep it that way. Who I applaud my Foreign Relations The Niger operation really identified a wouldn’t prefer such flexibility? But we chair, Senator CORKER, who, after the gray area between advising and assist- have a job to do. hearing yesterday, said that we would ing in combat operations, which keeps Here is what we need to do. This is move to a markup and clearly, I sus- some deployments just beyond the trip- what I think needs to happen. We need pect, an amendment of the proposal wire of requiring congressional notifi- to end the legal gymnastics with the Senator FLAKE and I have put on the cation. 2001 AUMF—a 60-word authorization table. We have done a lot of work on it. SASC held a briefing last week with against the perpetrators of 9/11. Apply- A war authorization should be bipar- the Department of Defense to try to ing that now to the fight against ISIL, tisan. If anything in this body should understand the scope of the Niger mis- Boko Haram, and others is a stretch. be bipartisan, I think a war authoriza- sion, the reason for the escalation of The AUMF outlines the focus of mili- tion should be. We don’t pretend that our footprint, and why this surprising tary action as follows: ‘‘Nations, orga- we have thought of everything; we attack left our troops without support nizations, or persons [the President] don’t pretend that the bill cannot be for so long. determines planned, authorized, com- improved. But beyond the immediate tactical mitted, or aided the terrorist attacks In conclusion, I want to make a few answers, we need a strategic and funda- that occurred on September 11, 2001, or comments. This week, the New York mental understanding of how and harbored such organizations or per- Times reported that President Trump where this country engages in military sons.’’ has approved—without providing Mem- operations and if the war on terror has There were 19 hijackers for the 9/11 bers of Congress any information on become the ‘‘forever war’’ with ever- attacks, and we have now used the 2001 why these changes are necessary— changing objectives and no end in AUMF in 37 instances to send forces changes giving the Department of De- sight, absolving the need for Congress prepared for combat and engaged in fense and the CIA more latitude in pur- to weigh in and speak. combat to 14 nations, including Libya, suing ‘‘counterterrorism drone strikes Yesterday, in Foreign Relations, we Turkey, Georgia, Syria, Iraq, Afghani- and commando raids’’ against Islamic held a much overdue hearing on legal stan, Yemen, Eritrea, Ethiopia, terrorist groups scattered across the authorization for military force. We Djibouti, Somalia, Kenya, the Phil- world, all while using the 2001 AUMF heard solid testimony and straight- ippines, and Cuba. as its legal justification. This expan- forward answers by Secretaries of Were all of these instances and na- sion of war will only continue to mag- State Tillerson and Mattis. I am en- tions and places really associated with nify and mutate and will do so without couraged that we had the hearing, and planning or support of the attacks of 9/ public scrutiny, unless and until Con- I am encouraged that our chair, at the 11? These legal interpretations are in gress steps up to provide the oversight end of the hearing, expressed the desire addition to now countless ‘‘train and and legal authority we are required to to move forward to finally, after 16- advise’’ missions around the world, to do. plus years, engage in a debate and a include those that took the lives of the I have come to the floor of the Sen- congressional vote on war authoriza- four servicemembers in Niger. ate since I came here in 2013 to speak tion. This was not an unforeseen combat about war powers, to speak about a I was disappointed that the two Sec- environment. I found this interesting. need to revise the War Powers Resolu- retaries, who were being candid, took In April of 2014, the U.S. Government— tion of 1974, to critique and challenge the position that the Trump adminis- the Department of the Navy—solicited President Obama around the Libya tration needs no more legal authority contractual bids for ‘‘Personnel Recov- mission, which had no vote from Con- to do what they are doing. But I have ery, Casualty Evacuation, and Search gress, and to critique President to acknowledge the position they take and Rescue,’’ aviation support in ‘‘at Obama—who is a personal friend—over is actually the position that the Obama risk’’ environments in the following 14 the offensive campaign against ISIL administration took, and it is exactly countries: Algeria, Burkina Faso, without requiring a congressional vote. the position that the Bush administra- Chad, Libya, Mali, Morocco, Niger, Ni- Since I was clear and repetitive in my tion took, so I was not completely sur- geria, Cameroon, Cote D’Ivoire, Ghana, critiques of President Obama for using prised. In fact, we shouldn’t be sur- Benin, Togo, Tunisia and as directed by war powers without Congress being in- prised when the administration says: operational requirements. Only 5 of volved, I am going to do the same with We don’t need any more authority. But those 14 countries have ever been noti- respect to President Trump.

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.018 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6896 CONGRESSIONAL RECORD — SENATE October 31, 2017 At the end of the day, my critique is ing to cast a vote because this would be All of these reforms mean more more about this body. An Executive a politically difficult vote: I would money in Americans’ pockets. But we will overreach. An Executive will act, rather not vote; I would rather make are not stopping there. We are also but that does not excuse inaction in the President do it and blame the going to focus on reforming the busi- this body. President if it works out badly. A po- ness side of the Tax Code so that we I do worry about a progressive loos- litical calculation has caused Congress can give Americans access to the kind ening of the rules from the Bush ad- to abdicate a responsibility while oth- of jobs, wages, and opportunities that ministration to the Obama administra- ers are shouldering the burdens of re- will set them up for a secure future. tion to the Trump administration, sponsibility—and even losing their In order for individual Americans to which eventually has turned the 2001 lives in the process. thrive economically, we need American AUMF into a golden ticket that allows Finally, Senator Jacob Javits wrote businesses to thrive. Thriving busi- for action against nonstate terrorist a book in 1973 entitled ‘‘Who Makes nesses create jobs. They provide oppor- groups anywhere in the world on a War’’ after Congress passed the War tunities. They increase wages and in- Presidential say-so. Powers Resolution during the Vietnam vest in their workers, and they invest We shouldn’t take our institutions war. He offered a very prescient com- in new equipment, facilities, and prod- and, frankly, the fairly radical rebal- mentary. I will close here: uct lines to innovate and expand their ancing of powers in the Constitution Many advocates of presidential prerogative businesses. for granted. When Madison and the in the field of war and foreign policy seem to Right now, though, our Tax Code is other drafters put the declaration of be arguing that the President’s powers as not helping businesses thrive. Instead, war authority in the hands of Congress, Commander in Chief are what the President it is strangling both large and small they knew they were doing something alone defines them to be. The implication businesses with high tax rates. pretty radical. They knew the world of that the Presidency is beyond the range of Our Nation has the highest corporate the day—1787, 230 years ago last congressional authority to check in the exer- tax rate in the industrialized world—at cise of the war powers raises a serious con- month—was a world of Kings, Emper- stitutional danger. If we accept such a view least 10 percentage points higher than ors, Monarchs, Sultans, and Popes. War we accept a situation in which the American the majority of our international com- was primarily for the Executive, but people are dependent solely on the benign in- petitors. That is a problem for Amer- they decided they wanted to do some- tent and good judgment of the incumbent ican workers because high tax rates thing different. Ten years after the President. We may not always be fortunate leave businesses with less money to in- Constitution was done, Thomas Jeffer- enough to see a person with such qualities in vest in their workers, to increase son, as President, was grappling with a the White House. wages, or to create new jobs. This situ- nonstate terrorist group in Northern With that, I yield the floor. ation is compounded when you are an Africa—the Barbary Coast pirates—and I suggest the absence of a quorum. American business with international what could be done about them? He The PRESIDING OFFICER (Mr. competitors that are paying a lot less wrote a letter to James Madison and CRUZ). The clerk will call the roll. in taxes than you are. asked what was behind the war-making The bill clerk proceeded to call the It is no surprise that U.S. businesses powers in the Constitution’s article I. roll. struggling to stay competitive in the Madison described it very well. He said: Mr. THUNE. Mr. President, I ask global economy don’t have a lot of re- Our constitution supposes what the unanimous consent that the order for sources to devote to creating new jobs history of all governments dem- the quorum call be rescinded. and increasing wages. A study from the onstrates, that it is the Executive most The PRESIDING OFFICER. Without White House Council of Economic Ad- interested in war and, thus, most prone objection, it is so ordered. visers estimates that reducing the cor- to war. For this reason, we, with stud- Mr. THUNE. I ask unanimous con- porate tax rate from 35 percent down to ied care, granted the question of war in sent that I be able to speak until such 20 percent would increase average the legislature. time as my remarks are concluded. household income by $4,000 annually. They were trying to change human The PRESIDING OFFICER. Without A second study shows a similar pay history. They were trying to say that objection, it is so ordered. increase. Boston University professor we shouldn’t be at war unless there was TAX REFORM and public finance expert Larry a legislative, collective judgment—not Mr. THUNE. Mr. President, the Kotlikoff found that lowering the cor- 116 years ago by 25 percent of the peo- House and the Senate are moving for- porate tax rate to 20 percent would in- ple who were there then, but a legisla- ward on a final draft of our tax reform crease household income by $3,500 per tive, collective judgment expressed in bill, and I am excited about the year on average. That is a significant an authorization that we should be in progress we are making. We have one pay raise for hard-working Americans. war. We are lacking that now. goal in mind with tax reform. It is to In addition to lowering the corporate It is not hard to imagine a future provide real relief to ordinary Ameri- tax rate, there is another important President, whether it is President cans—to the parents who are ques- thing we can do to increase the avail- Trump in the remainder of his term or tioning whether they can afford the car ability of jobs here at home; that is, re- Presidents in the future, using the ex- they need to fit their growing family, forming our outdated, worldwide tax panding war authorities to increas- to the single mom who is wondering system. Under our worldwide tax sys- ingly justify initiating war without the how she is going to pay the bills this tem, American companies pay U.S. permission of Congress. month, and to the middle-age couple taxes on the profit they make here at We asked President Trump for the worrying about a secure retirement. home, as well as on part of the profit legal authority justifying the Syrian Everything in our tax reform frame- they make abroad, once they bring missile strike on Syria that he made in work is centered on providing relief to that money home to the United States. March, and they have not yet provided these Americans. The problem with this is that most an answer about their legal authority. To start with, we are going to pro- other major world economies have What Congress has done is basically vide them with a substantial amount of shifted from a worldwide tax system to told Presidents: You can do whatever direct relief by lowering their tax rates what is called a territorial tax system. you want. That has a way of creeping and doubling the standard deduction so In a territorial tax system, you pay and growing, and I think it already that they are keeping more of their taxes on the money you earn where you has. I think the American people de- paycheck every month. make it and only there. You aren’t serve better, but, especially, our troops We are also going to significantly ex- taxed again when you bring money deserve better. pand the child tax credit. back to your home country. I have said it before; I will say it And we are going to simplify and Most American companies’ foreign again. I can’t think of anything more streamline the Tax Code so that it is competitors have been operating under publicly immoral—public, civic immo- easier for Americans to figure out what a territorial tax system for years. So rality—than ordering troops to risk benefits they qualify for and so they they are paying a lot less in taxes on their lives and be killed, as the four don’t have to spend a lot of time and the money they make abroad than were in Niger, while Congress is unwill- money filing their taxes. American companies are, and that

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.019 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6897 leaves American companies at a dis- fact, Democrats have insisted on delay- I don’t need to tell anybody that that advantage. ing the process of almost every single is contrary to everything our Founders These foreign companies can under- nomination to a district or circuit stood for. The right to be able to prac- bid American companies for new busi- court. That is pretty much the defini- tice religion freely—yes, in public, ness simply because they don’t have to tion of partisanship—when you ob- too—was so fundamental to the Found- add as much in taxes into the price of struct nominees based not on any dis- ers’ understanding of liberty that they their products or services. When for- agreement you have with them but made it the very first freedom men- eign companies beat out American simply because you don’t like the per- tioned in the Bill of Rights. companies for new business, it is not son who is doing the nominating. People of faith have made incalcu- just American companies that suffer. It Democrats’ delays are ultimately lable contributions to our country, and is American workers. It is the Amer- pretty pointless. We are not going to faith has driven some of the greatest ican workers employed by these com- stop confirming nominees just because movements in American history, from panies who live and work in literally Democrats are dragging out the proc- the abolitionist movement to the civil every State in the Union, and it is the ess, but these delays are a disservice to rights movement. American workers who work for the the American people. There are a lot of I hope the Democratic Party doesn’t small and medium-sized companies important issues that the Senate needs move further down the path of exclud- that form the supply chain here in the to be debating, from spending bills to ing religious people from public life. If United States. tax reform, and the time that we waste they ever succeed in excluding people For every American company that on pointless partisan exercises is time of faith from government, they will operates in countries around the world, taken from those important issues. have destroyed one of the freedoms on While Democrats’ partisanship is there are countless companies here at which our country rests. frustrating, there is a much more seri- home that supply the raw material for I yield the floor. ous issue that has come up during the products that are sold abroad— The PRESIDING OFFICER. The Sen- businesses that handle the packaging these judicial confirmations; that is, the anti-religious sentiment displayed ator from Alaska. and shipping of those product and en- Mr. SULLIVAN. Mr. President, I ask terprises that supply support services by some of my colleagues on the other side of the aisle during the hearing on unanimous consent for an appropriate like accounting, legal, and payroll amount of time to finish my remarks. services. judicial nominee Amy Barrett’s nomi- nation, which we will be voting on this The PRESIDING OFFICER. Without America’s global companies rely on a objection, it is so ordered. web of supporting businesses that week. TRIBUTE TO CHRIS APASSINGOK spans the country, and when these Ms. Barrett’s qualifications are well global companies struggle, so do these known. The American Bar Association, Mr. SULLIVAN. Mr. President, one supporting businesses and their work- which rates judicial nominees, has of the privileges of being in the Senate ers. given her its highest rating of ‘‘well is actually being able to preside, as the By transitioning from a worldwide qualified.’’ Presiding Officer is doing right now—to As my colleague the minority leader tax system to a territorial tax system, sit at the Chair and listen and watch has said, the American Bar Associa- we will not be just boosting wages, my colleagues talk about issues that tion’s evaluation is the ‘‘gold standard jobs, and opportunities for American matter to them, and a lot of times by which judicial candidates are workers employed by these global com- issues that matter to their States. In judged.’’ this amazing country of ours we have panies, but we will also be increasing Despite her judicial qualifications, it wages, jobs, and opportunities for so many great States, great stories, became clear in the hearing on her and great traditions. When I am pre- workers at the countless small and me- nomination that some of my colleagues dium-sized businesses throughout our siding, some relate to Texas, where the think she should be disqualified be- current Presiding Officer is from, cele- country that make up the supply chain cause she is a practicing Catholic. That for America’s global companies. brating our unique traditions, while is right. Apparently, practicing your still appreciating that at our best we Finally, our tax plan will tackle the religion is now grounds for declaring other key part of improving the play- share values as Americans together— you unfit to be a judge. opportunity, liberty, justice, and fair- ing field for American workers; that is, Here is what the Constitution has to ness. It really is one of the things that lowering the tax rates on small busi- say about that. This is from article VI: makes the Senate a great body and nesses. ‘‘No religious Test shall ever be re- what makes us strong as a nation. Small businesses are incredibly im- quired as a Qualification to any Office portant for new job creation, but like or public Trust under the United One of the things I like to do is to big companies, right now small busi- States.’’ come to the Senate floor and talk nesses are being strangled by high tax Let me repeat that: ‘‘No religious about some of the traditions in my rates. That can make it difficult for Test shall ever be required as a Quali- State—some of the things that I think small businesses to even survive, much fication to any Office or public Trust make Alaska the greatest State in the less thrive and expand their operations. under the United States.’’ Nation. I know some of my colleagues Lowering small business tax rates and In other words, in the United States, will not fully agree with that, but we making it easier for small businesses you can’t be disqualified from serving all get to brag about our State. When I to recover their invested capital more as a judge because you are a believing do that, I like to talk about an indi- quickly will free up the money that Catholic or a believing member of any vidual whom we recognize as the Alas- small business owners need to expand faith. The only qualification the Con- kan of the Week. Often, it is somebody their businesses to add workers or to stitution imposes is a commitment to who is doing something in a remote give employees a raise. uphold the Constitution. part of Alaska whom not a lot of people Together, these aspects of tax reform Yet the second-ranking Democrat in know about. It is very important to are essential to reversing the lack- the Senate apparently thought it was share that with my colleagues in the luster economy of the last 8 years. appropriate to ask Ms. Barrett if she Senate and other colleagues watching Americans deserve better, and tax re- was a practicing member of her reli- on TV. form can be the key to putting this gion, with the implication that if she Today, I would like to recognize a country back on the path to solid, sus- was, it might jeopardize her fitness for young Alaskan from Gambell, AK, tainable economic growth. being a judge. named Chris Apassingok, a young Mr. President, before I close today, I Democrats’ questioning is not going whaler who is helping to keep the tra- wish to switch gears for a minute and to stop Ms. Barrett’s nomination, but dition that we have in Alaska—Native talk about judicial nominations. We it is simply disturbing, nonetheless. It whaling—alive and well. He is our Alas- have had the chance to confirm some is a scary thing when leaders of a kan of the Week. excellent nominees so far this year, major political party imply that there This year, Chris was a keynote many of whom Democrats have ulti- is no role for religious people in public speaker at the Elders and Youth Con- mately supported. But despite this life. ference, which is a precursor to the

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.021 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6898 CONGRESSIONAL RECORD — SENATE October 31, 2017 Alaska Federation of Natives con- the first shot, it was accurate, and it working on the bill, but as Senator ference held each year in one of our cit- was a huge whale, 57 feet 11 inches. It THUNE just mentioned, we have to have ies. It is the largest annual gathering took 2 hours to tow it to shore and 4 one common goal in this body, which in the United States of any Native peo- days for the community to carve it up. tax reform should be driving, and that ples, and there is nothing like it in all As always, when a whale is landed, it is is the issue of economic growth—the the country. AFN, as we call it in Alas- time for celebration in the community, issue of economic growth. ka, is certainly a highlight of my year. and this time was no different, but We would think this should not be a My wife and I and our kids always try shortly after this, things unfortunately partisan issue, but one of the things I to get there. went sour for Chris and the commu- am struck by, in my little under 3 Let me spend a few minutes talking nity. years in the Senate, is how little we about why Chris’s speech about whal- A radical special interest activist, have talked about economic growth. ing was so important and what hap- with a large online following, read the I have tried to come down to the Sen- pened after he landed a huge bowhead story about Chris and the whale and he ate floor and speak about this issue a whale in Alaska and why that was so began to attack Chris and so did many lot. In my view, with the exception of inspiring for so many in my great of his followers, from all across the national defense, this is the most im- State and, really, around the country. globe—hundreds of people, most of portant issue Congress can be focused Gamble, AK, is where Chris comes them adults, cyber bullying and at- on right here, this issue of growth. How from, a Yupik village of about 700 peo- tacking a 16-year-old boy from is the U.S. economy doing? Is it ple on St. Lawrence Island, on the Gambell, AK, who had, at that point, strong? Is it weak? Are we healthy or northwest edge of Alaska. It is 1 of 11 only left his village once in his life. are we sick? By any measure over the Alaska communities that participate They were shameful, no respect, no last 10 years, we are sick. in two whaling seasons, recognized and civility, and I mean vicious attacks. I I bring this chart to the floor a lot to authorized by the International Whal- will not repeat them here. It is enough talk about what has gone on in the last ing Commission. These are subsistence to say they were greatly upset. In the several decades in terms of economic communities. What does that mean? community, Chris, his family, and his growth. This has the growth rates of They are subsistence communities be- mother cried all night. Chris was angry every administration dating back to cause whale meat is actually a neces- that he and his family were being at- President Eisenhower. If you look at sity in feeding these communities. tacked for partaking in this necessary the numbers, this red line is the impor- I should point out that we have no tradition that his community and his tant line. This is 3 percent GDP road systems at all in Northern Alas- ancestors have been doing for thou- growth. It is not great. It is not bad. ka. Most of Alaska has no roads con- sands of years—thousands of years. Since the founding of the Republic, the nected from community to community, However, this young man, despite the average since World War II is closer to and certainly not in Gambell. The Pre- hateful messages from adults, from 4 percent, but 3 percent is OK. It is cer- siding Officer and I have had the oppor- adults who live a world away, despite tainly what we should be focused on in tunity to travel around Alaska. He has the names they were calling him, terms of hitting. seen our great State. He knows that Chris, now 17, cut through the noise, If we look at this chart, in certain many communities are only accessible stood strong, and gave a great speech years, Eisenhower, Kennedy—by the by air or seasonal barge. Some areas at AFN, that he will continue to hunt way very bipartisan—we have had very can only be reached at certain times of and feed his family and his community strong growth. When people talk about the year because of the weather. These the way his ancestors have done for what makes America great, this is communities need food. They need millennia. what makes America great: strong eco- whales. At his speech last week at AFN, he nomic growth. This is what has driven The annual bowhead whale migration asked: ‘‘Will you stand with me as I our country for decades. provides the largest subsistence re- continue my hunting [traditions of my We see some of the numbers, Ken- source available in these remote areas family]?’’ The crowd applauded, all of nedy, Johnson, 5, 6, 7 percent; Reagan, of our great State. Even so, when a whom rose when he asked this: ‘‘Will Clinton, 5, 6, 7 percent. Then we look at whale is taken, the sharing does not you stand with me’’ as we continue our the last decade—boom, a giant dropoff. stop with the residents of the commu- subsistence activities that we have un- We haven’t hit 3 percent GDP growth nity. Each whale produces between 6 dertaken for thousands of years? in well over 10 years—well over 10 and 25 tons of food, on average. This I hope everyone across the country years. As a matter of fact, President meat is shared with other subsistence stands with this extraordinary young Obama was the first President ever to communities in our State and with man—truly brave and courageous—as not hit it. family members and elders throughout he continues his tradition and his right What happened? Did anyone talk the State. That is a hugely important to hunt and feed his community. about it? Did the last administration part of Alaskan Native culture. This is This afternoon, I will be holding a talk about it? They never talked about another example of the resourcefulness hearing in the Commerce Committee it. As a matter of fact, what they did is of the Alaskan Native peoples, which about whaling in Alaska and how nec- they started telling Americans: Don’t has enabled them to survive in the Arc- essary it is for subsistence and the sur- worry. We are going to dumb down ex- tic—with some of the toughest weather vival of these important cultures. I pectations. We are going to tell you— and conditions anywhere in the world hope all Americans also stand with so despite this chart, despite what this for millennia—and which has shaped many other proud Alaska whalers, pro- really means—this represents the the culture of Alaska and the character tecting their rights to hunt the way American dream. Despite the fact that of our State today. their ancestors have hunted. all previous administrations were fo- Back to Chris, he is an extraordinary Thank you, Chris—a young man in cused on 3 percent, we are not going to hunter, even by the standards of Alaska, 17 years old—for standing tall talk about that. We will dumb it down Gambell, a community of extraor- for your people, for all of Alaska. I also and call this anemic growth back dinary hunters. He could aim and shoot want to thank his parents Susan and here—1 percent, 11⁄2—the new normal. a rifle at the age of 5. By 11, he had Daniel for raising such a fine hunter. What does that mean? That means trained himself to strike whales, as one Congratulations, Chris, for being our we are going to surrender. We are going writer put it, ‘‘standing steady in the Alaskan of the Week. to say, well, this is really America hit- front of the skiff with the gun, riding ECONOMIC GROWTH ting on all cylinders. This is what you Bering Sea swells like a snowboarder.’’ Mr. President, I want to follow on as Americans should expect in the fu- This past April, Chris and his father with regard to what my colleague and ture. set out on a boat in the Bering Sea to good friend from South Dakota talked I think this idea of the new normal, do what their ancestors have been about in terms of tax reform. We are which a lot of people in DC talk about, doing for thousands of years. debating tax reform now. We are mark- is probably one of the most dangerous After they got a bearded seal, they ing up a bill. The Finance Committee concepts in Washington, DC, right now. spotted a spouting bowhead. Chris took has not marked up the bill yet. It is The new normal means that despite

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Certainly, hurricane—where are they going to be Mayo’s renown as a center of excel- the Congress is starting to focus on able to get temporary assistance for lence not only in the treatment of can- this issue, and the Senate is starting to housing? It is a fact that this is hap- cer but in virtually every field of medi- focus on this issue with policies like pening in the State of Florida, and it cine. A nonprofit institution, Mayo has tax reform, with policies like regu- has to be changed. large hospitals in Rochester, Min- latory streamlining, with policies like Thus, you see the bipartisan effort of nesota, Phoenix, and Jacksonville, FL, infrastructure, with policies like en- my colleague from Florida MARCO which employ almost 50,000 people. ergy. As the Presiding Officer knows, RUBIO and me writing to the head of Mayo also operates a network of more our two great States are part of the en- FEMA today to say: Look, what hap- than 70 affiliated hospitals and clinics, ergy renaissance that can drive eco- pened? Years ago, during the debacle of to which more than 1.3 million persons nomic growth well above 3 percent. Hurricane Katrina in New Orleans, turned for treatment this year, pa- As we focus on tax reform, as this they experienced an average wait time tients from all 50 States and 137 dif- body focuses on tax reform, I am hope- of 10 minutes before they could get ferent countries. Moreover, the Mayo ful my colleagues, on both sides of the FEMA on the line to help them. Now system operates several premier col- aisle, can all agree that one of the key we have people waiting as much as 4 leges of medicine and is a world leader elements of what we are doing with re- hours. I wanted to bring this to the at- in medical research. This breadth of gard to tax reform, and every other tention of the Senate. activity, outstanding in each facet, is policy in this body, is to get us back to After a hurricane, 2 months later, we remarkable. It is no exaggeration to traditional levels of U.S. economic cannot have an aftermath where our claim that the Mayo Clinic is central growth, to get us back to where people people are hurting, they are suffering. to the astonishing success of American say: Wow. I have great opportunities. They can’t live in a healthy condition medicine. Look at this economy—not the dol- in the homes that have been destroyed I have made my own career in public drums and the anemic growth and the in the hurricane. service, but as I reflect on my experi- sub-3 percent new normal that we have I yield the floor. ence as a cancer patient, I am humbled been told by other Federal officials to by the example of service to mankind f accept as our fate. provided by the entire Mayo family. I That shouldn’t be our fate. We should RECESS am and will always remain deeply have policies, particularly tax reform, The PRESIDING OFFICER. Under grateful to everyone involved in my that are focused on getting back above the previous order, the Senate stands care. that red line, and I am certainly hope- in recess until 2:15 p.m. RECOGNIZING THE NATIONAL CANCER INSTITUTE ful that all my colleagues—all 100 U.S. Thereupon, the Senate, at 12:59 p.m., Mr. President, I come to the floor Senators—can agree on that goal, recessed until 2:15 p.m. and reassem- today to recognize a remarkable group strong economic growth for American bled when called to order by the Pre- of physicians, people to whom I and families and reigniting the American siding Officer (Mr. PORTMAN). many others owe a profound debt. I dream with strong GDP growth that is refer to the team that has led my much higher than what we have seen in f treatment at the National Cancer In- the last 10 years. EXECUTIVE CALENDAR—Continued stitute of the National Institutes of I yield the floor. Health in Bethesda, MD. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Every year, cancer claims the lives of ator from Florida. ator from Arizona. hundreds of thousands of Americans Mr. NELSON. Mr. President, I ask Mr. MCCAIN. Mr. President, I ask and millions of others across the globe. unanimous consent that I be allowed to unanimous consent that I be recog- It is a relentless and complex disease. speak despite the order for recess. nized to speak as in morning business. It comes in many forms that demand The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without varied and specialized treatments. objection, it is so ordered. objection, it is so ordered. There are many centers of excellence HURRICANE IRMA RECOVERY EFFORT The Senator is recognized. in the struggle against cancer, but NCI Mr. NELSON. Mr. President, it has RECOGNIZING THE MAYO CLINIC plays a special role. The physicians as- been 2 months since Hurricane Irma hit Mr. MCCAIN. Mr. President, I rise sembled there are recruited from the Florida and basically covered up the today to express my deepest gratitude most outstanding medical institutions State, and our people are still hurting to my friends at the Mayo Clinic’s Ari- of the world to lead the fight. Yes, NCI because they don’t have sufficient zona campus, where I was recently conducts its own research and treat- housing. treated for cancer. This is not my first ment programs, and I am among its If you lived in a mobile home, if you obligation to the Arizona branch of many patients, but more importantly, lived in a low-lying area, your home this landmark medical institution, it oversees and funds our national ef- was destroyed. It is uninhabitable. The which has been a synonym for medical fort against cancer, awarding grants ceiling is collapsing. The mold and the excellence for more than 100 years. I re- and supporting a nationwide network mildew, because of all the water which ceived outstanding care for a prior, un- of 69 NCI-designated cancer centers. has now accumulated, makes it an un- related tumor in the year 2000. NCI’s role in the development of anti- inhabitable home. In July of this year, I found myself at cancer drugs has been especially note- FEMA, through individual assist- Mayo once again. It is no exaggeration worthy: Roughly two-thirds of cancer ance, is supposed to provide temporary to say that the team of doctors, nurses, medications approved by the FDA have housing. This is the law. That is what and technicians who looked after me emerged from NCI-sponsored trials. the people of Florida are entitled to— were my salvation. They located and Despite the special tenacity of this just like the people of Texas are enti- removed a brain tumor—a glio- disease, we have made enormous tled to in the Presiding Officer’s blastoma—that threatened my life. I strides. To the lives of cancer patients, State—but it is not happening in Flor- will always be indebted for their timely NCI has added decades where once ida. Why? Because they get on the tele- and skillful intervention and for the there were only years and years where phone, and they have to wait up to— outstanding support provided to my once there were only months. They are documented—4 hours to get somebody family by the entire Mayo community. closing in on the enemy, in all its on the phone from FEMA or, for home Their professionalism is unmatched, as forms, giving hope to millions of fami- inspections, it takes 45 days before is their compassion. Thanks to my lies and offering a real prospect of

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