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SENATE—Tuesday, May 24, 2005

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SENATE—Tuesday, May 24, 2005 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10915 SENATE—Tuesday, May 24, 2005 The Senate met at 9:45 a.m. and was RECOGNITION OF THE MAJORITY what the Democratic leader or I asked called to order by the Honorable LISA LEADER for—it is important that we see how it MURKOWSKI, a Senator from the State The ACTING PRESIDENT pro tem- is going to be implemented, and the of Alaska. pore. The majority leader is recog- first step will be that vote today. nized. We do have a lot to do this week. I PRAYER want to keep things organized effi- f The Chaplain, Dr. Barry C. Black, of- ciently and well and use time wisely. fered the following prayer: SCHEDULE Mr. REID. Madam President, if I could direct another question to the Let us pray. Mr. FRIST. Madam President, this distinguished leader, it was my under- Eternal spirit, You have said that the morning we will continue debate in ex- standing of our conversation late last truth will set us free. We thank You ecutive session on the nomination of night that we were not going to move that Your freedom leads to harmony Priscilla Owen to be a U.S. Circuit forward on more judges this period but and not discord, to consensus and not judge for the Fifth Circuit, and today move forward to other matters. Do you conflict. Liberate us from deceptions at noon we will have a cloture vote now feel differently? and distortions that caricature reality with respect to the Owen nomination. Mr. FRIST. Well, I think we need to and misrepresent facts. In light of the events of yesterday, I think how much we can do realistically Empower our Senators to find free- expect cloture will be invoked this this week. With that understanding dom in being as true to duty as the afternoon. If that cloture vote is suc- and the backlog we have on judges, if needle to the pole. Continue to teach cessful, it is my desire to proceed expe- we can move those expeditiously—and them the fine art of conciliation and ditiously to vote on that confirmation. we put in a plan or process to do so— motivate them to continue to choose Members have had the opportunity to we should do just that. We have had rational roads instead of emotional speak for over 40 hours, and hopefully various offers from your side of the dead ends. Lift them above partisan we will not need much time following aisle on the Michigan judges and on rancor, and give them power to walk in cloture. Griffith, and now we have this memo- Your light, to act in Your strength, to I am happy to yield to the Demo- randum of understanding for up-or- think in Your wisdom, to speak in cratic leader. I have a brief statement down votes on three other nominees we Your truth, and to live in Your love. commenting on the events of last have been debating. Leadership to lead- Inspire each of us to stand for right, night. even though the heavens fall. ership, we ought to sit down and plan f how we can deal with judges since we We pray in the Name of Him who is have waited a long time for these up- the truth. Amen. RECOGNITION OF THE MINORITY LEADER or-down votes and since offers have been made back and forth. In light of f The ACTING PRESIDENT pro tem- the understanding the 14 Senators pore. The Democratic leader is recog- came to, I think we should move expe- PLEDGE OF ALLEGIANCE nized. ditiously and address the judges who The Honorable LISA MURKOWSKI led f have been waiting a long time. At the same time, we have other very impor- the Pledge of Allegiance, as follows: CLOTURE VOTE I pledge allegiance to the Flag of the tant business—John Bolton to be Am- United States of America, and to the Repub- Mr. REID. Madam President, I think bassador to the U.N.—which we do need lic for which it stands, one Nation under it would be better—I haven’t had a to address as well. God, indivisible, with liberty and justice for chance to discuss this with the major- As I say that, I want to make an ap- all. ity leader—to vitiate the vote on clo- peal to Senators. A lot has been said ture and then set a time to complete about many of the judges, and I don’t f the debate on Priscilla Owen. We would believe we have to say it again. Wheth- be willing to do that. It would move er it is on Priscilla Owen, who I am APPOINTMENT OF ACTING things along. I wanted the leader to confident will get an up-or-down vote, PRESIDENT PRO TEMPORE know that. We would be happy to talk or on to some of the other judges, I about schedule, how much time people want to make sure everything gets The PRESIDING OFFICER. The need, and what we are going to do the said. But on a lot of these, we have had clerk will please read a communication rest of the week. We haven’t had time a lot of debate. I would like to sit down to the Senate from the President pro to talk this morning. with the Democratic leader, in light of tempore (Mr. STEVENS). Mr. FRIST. Madam President, we the events of yesterday, and plan out The legislative clerk read the fol- will talk over the course of the morn- this week so it will be productive. We lowing letter: ing because over the next 5 days, with have a lot of other important business, U.S. SENATE, the memorandum of understanding, we such as an energy bill and a highway PRESIDENT PRO TEMPORE, would like to move ahead and address bill, that we need to also address. Washington, DC, May 24, 2005. many of the judges. At the same time, To the Senate: f we have the nomination of John Under the provisions of rule I, paragraph 3, Bolton, whom the Democratic leader THE MEMORANDUM OF of the Standing Rules of the Senate, I hereby UNDERSTANDING appoint the Honorable LISA MURKOWSKI, a and I have briefly discussed. I do want Senator from the State of Alaska, to perform to be able to continue with the cloture Mr. FRIST. Madam President, I wish the duties of the Chair. vote that is now on the schedule for to briefly comment on the events of TED STEVENS, noon today. It is important to do so in last night. The evening moved very President pro tempore. part because of the events of yesterday, quickly, and it did alter the course of Ms. MURKOWSKI thereupon assumed and I want to follow regular order. what likely would have occurred over the Chair as Acting President pro tem- With that memorandum of under- the course of today. Certain adjust- pore. standing, which is important—it is not ments will be made and are being ● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10916 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 made, as we just heard in the colloquy circumstances are defined as they were of the week’s process, Janice Rogers between the Democratic leader and I, in the last Congress, which I believe is Brown, and William Pryor. I will work in terms of the schedule. Although I wrong, on people such as Miguel with the minority leader in terms of am not a party of the memorandum of Estrada, who came to this country as the best timing. I will work with the understanding signed last night by 14 an immigrant from Honduras, not able Judiciary Committee as well and other of our colleagues, I have had the oppor- to speak English very well, who with Senators to move forward expedi- tunity to further review that agree- hard work worked his way to the top of tiously on other nominees. ment in more detail. his profession, arguing 15 cases in the We have had discussions and offers I do believe the memorandum of un- Supreme Court, if that is extraordinary from the other side to move ahead with derstanding makes modest progress in circumstances, then this agreement Tom Griffith, which I hope we can do that three individuals will get up-or- will mean very little. We have to wait shortly; offers on the Sixth Circuit down votes on the floor of the Senate. and see. The agreement will have to be nominees David McKeague, Susan Neil- To me, it does stop far short of guaran- monitored. The implementation of the son, and Robert Griffin, all of whom de- teeing judicial nominees the fair up-or- memorandum of understanding is crit- serve a vote on the floor of the Senate, down votes they deserve—other nomi- ical. an up-or-down vote. So all this has nees, nominees in the future. Third, let me be clear: The constitu- been a very significant, substantial de- I say that and recognize that with ci- tional option remains on the table. It bate. vility and trust, which are two values I remains an option. I will not hesitate I believe the injustice of judicial ob- have tried to stress again and again, to use it if necessary.
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