July 22, 2004 CONGRESSIONAL RECORD — SENATE S8585 I hope the Commission’s report is a call. We do not want to be in the ‘‘what This President—regretfully, in many clarion call. Let’s get our act together. if’’ situation. God forbid there is an- instances—has not consulted the Sen- Again, this is not a partisan issue. This other terrorist attack and the next ate. The two Senators from Michigan— should not instigate fighting with one morning we say: What if? What if we they happen to be of a different party another. We should just do it. had done the job? What if the attack than the President but we know they I wish the White House in their budg- was by shoulder-held missiles? And we enjoy working with the other party— ets had allocated more money. When say: What if we had done the job. What were not consulted. I know it can be people in the Senate, both Democrat if the attack was from ships and ports? done. We have done it in my State of and Republican, said, We need to do We say: What if we had done the job on New York. We don’t have a single va- this, that, and the other, had the Presi- port security or on the rails? Or be- cancy in either the district courts or dent said, Yes, sir, right on—but we do cause someone got across our borders the Second Circuit because finally, not have that. We do not have leader- and shouldn’t have? We do not want to after I said I was not going to allow ship on homeland security. That is be in a ‘‘what if’’ situation. judges to go through unless I was con- what the Commission’s report shows. f sulted, the White House came and con- Being a great leader and being a JUDICIAL NOMINATIONS sulted, and there is a happy result. All strong leader does not just mean fight- the vacancies are filled. The judges ing wars overseas in this brave new Mr. SCHUMER. Mr. President, my tend to be conservative, but they are post-September 11 world; it means colleague from Michigan is here, and I mainstream people. I may not agree tightening things up at home. The bot- know she will probably want to speak with them on a whole lot of issues, but tom line is simple: Why aren’t we pro- on the three votes on judges. they have all gone forward. In Michi- tecting our airplanes from shoulder- The first point I make is, I would much rather be debating the Homeland gan we have had no consultation. held missiles which we know the ter- Today when I vote against these Security bill than these judges. Where rorists have? Why aren’t we saying three nominations, I am not just back- are our priorities in this body? What more than 5 percent of the big con- ing up two Senators from Michigan; I are we doing? We have had weeks and tainers that come to our ports on the am defending the Constitution. That is weeks where many have called for east coast, the west coast, the gulf what all of us who vote this way will bringing Homeland Security appropria- coast, should be inspected to see if they do. Because for the President to say on tions to the Senate. Instead, we have might contain materials that could judges, it is my way or the highway, no been debating all the political foot- hurt us? Why aren’t we doing more to compromise, is just not what the balls. I know it is a Presidential elec- protect the borders? My State of New Founding Fathers intended. It is not tion year, I know it is election season, York has a large northern border. They good for America. It tends to put—who- but some things should have a higher have not allocated the dollars, the bot- ever is President—extreme people on calling. tom line is they do not have enough the bench instead of the moderate peo- manpower at the borders to prevent On this particular issue, I make one point before yielding the floor to my ple we need. terrorists from sneaking in. They are I regret that we have come to vote on colleague from Michigan. Anyone who doing a great job with the resources these judges, but I have no qualms that thinks this is a tit-for-tat game at they have, but Lord knows they don’t I will vote and recommend to my col- least misreads the Senator from New have them. We are not doing any of leagues that we vote against all three. York. Were there bad things done on these things. I suggest the absence of a quorum. I point out one other thing the Com- judges when Bill Clinton was President The PRESIDING OFFICER (Mrs. mission has mentioned—here, Congress by the Republican-controlled Senate? DOLE). The clerk will call the roll. is as much to blame as the White You bet. But that does not motivate The assistant legislative clerk pro- House—and that is the allocation of me in terms of what we ought to do in ceeded to call the roll. homeland security funds. The Commis- the future. Mr. REID. I ask unanimous consent sion is very strong on this issue. The What motivates me is that in the that the order for the quorum call be moneys that go to police, fire, and the issue of appointing judges—and I re- dispensed with. others who are our first responders—we mind the American people that now 200 The PRESIDING OFFICER. Without learned in New York how valuable they judges have been approved and 6 have objection, it is so ordered. were. The report today will show the been rejected. My guess is the Found- Mr. REID. Would the Chair advise number of people who died below where ing Fathers, given that they gave the the Senator from Nevada what the sta- the planes hit the World Trade Center Senate the advice and consent process, tus of the floor is at this time? towers was few—too many, but few— would have imagined a greater percent- The PRESIDING OFFICER. There because of the great job the police and age should be rejected. are 2 minutes remaining under morn- the firefighters did. Yet we are treating I am always mindful of the fact that ing business. that money as pork barrel. one of the earliest nominees to the U.S. Mr. REID. I yield that time back. My State has greater needs than, say, Supreme Court, Mr. Rutledge, from the The PRESIDING OFFICER. Time is the State with the smallest population, neighboring State of the Presiding Of- yielded back. Wyoming. Yet Wyoming gets much ficer, South Carolina, nominated by f more money on a per capita basis. To President George Washington, was re- the credit of the administration, that jected by the Senate because they CONCLUSION OF MORNING did not happen the first year we allo- didn’t like his views on the Jay Treaty. BUSINESS cated homeland security money. Mitch That Senate, which had a good number The PRESIDING OFFICER. Morning Daniels, a true conservative, the head of Founding Fathers in it—the actual business is closed. of OMB, says he does not want to waste people who wrote the Constitution, f these dollars. He is sending dollars to many of them became Senators the the places of greatest need. I might next year or two—didn’t have any EXECUTIVE SESSION have wanted more dollars, but at least qualms about blocking a judge they the dollars that were allocated were al- thought was unfit. located fairly. But now we have slipped Now all of a sudden when this body NOMINATION OF HENRY W. SAAD away from that. Frankly, we do not stops 6 of 200, we hear from the other TO BE UNITED STATES CIRCUIT hear the voice of Tom Ridge, who was end of Pennsylvania Avenue: That is JUDGE FOR THE SIXTH CIRCUIT the successor as we created a new obstructionist. The PRESIDING OFFICER. Under Homeland Security Department, say- That is not obstructionist. That is the previous order, the Senate will pro- ing, allocate this money fairly. We do doing our job. The Constitution didn’t ceed to executive session and resume not hear the voice of the President, and give the President the sole power to ap- consideration of Calendar No. 705, we do not hear the voices of the House point judges. It was divided. In fact, for which the clerk will report. and Senate. much of the Constitutional Convention The assistant legislative clerk read This wonderful report is very critical the Founding Fathers thought the Sen- the nomination of Henry W. Saad, of of what our Nation is doing on home- ate ought to appoint the judges and Michigan, to be United States Circuit land security. It is saying we are not only at the last minute did they say Judge for the Sixth Circuit. doing enough in area after area. I hope the President, with the advice and con- The PRESIDING OFFICER. Under and pray this report will be a wakeup sent of the Senate. the previous order, the time until 11 VerDate jul 14 2003 01:48 Jul 23, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.019 S22PT1 S8586 CONGRESSIONAL RECORD — SENATE July 22, 2004 a.m. shall be equally divided between Sixth Circuit—there are four Michigan with objections, whether two Senators the chairman and the ranking member vacancies on the Sixth Circuit—to have from a State who have objections or his designee.