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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, SECOND SESSION Vol. 164 WASHINGTON, THURSDAY, OCTOBER 4, 2018 No. 165 House of Representatives The House was not in session today. Its next meeting will be held on Friday, October 5, 2018, at 9:30 a.m. Senate THURSDAY, OCTOBER 4, 2018 The Senate met at 11 a.m. and was to the Senate from the President pro Kavanaugh, of Maryland, to be an As- called to order by the Honorable DAN tempore (Mr. HATCH). sociate Justice of the Supreme Court of SULLIVAN, a Senator from the State of The senior assistant legislative clerk the United States. Alaska. read the following letter: RECOGNITION OF THE MAJORITY LEADER f U.S. SENATE, The ACTING PRESIDENT pro tem- PRESIDENT PRO TEMPORE, PRAYER Washington, DC, October 4, 2018. pore. The majority leader is recog- The Chaplain, Dr. Barry C. Black, of- To the Senate: nized. fered the following prayer: Under the provisions of rule I, paragraph 3, NOMINATION OF BRETT KAVANAUGH Let us pray. of the Standing Rules of the Senate, I hereby Mr. MCCONNELL. Mr. President, the Eternal Spirit, giver of every good appoint the Honorable DAN SULLIVAN, a Sen- Senate is considering the nomination and perfect gift, we magnify Your Holy ator from the State of Alaska, to perform of Judge Brett Kavanaugh to serve as Name. Your righteousness endures for- the duties of the Chair. RRIN ATCH an Associate Justice on the Supreme ever. O G. H , President pro tempore. Today, empower our lawmakers to do Court of the United States. Your will. Give them insight that will Mr. SULLIVAN thereupon assumed When the noise fades, when the make justice roll down like waters and the Chair as Acting President pro tem- uncorroborated mud washes away, righteousness like a mighty stream. pore. what is left is the distinguished nomi- May they remember that unless You f nee who stands before us—an acclaimed judge whom peers and colleagues praise build the house, they labor in vain who RESERVATION OF LEADER TIME attempt to erect it. Provide our Sen- in the very strongest terms, a jurist ators with the wisdom to ask You for The ACTING PRESIDENT pro tem- whom the American Bar Association Your guidance and to follow Your pore. Under the previous order, the awarded its very highest rating unani- counsel. Lord, incline them to so labor leadership time is reserved. mously—‘‘well qualified.’’ that Your will will be done on Earth f Here is what the ABA says it takes to even as it is done in Heaven. Subdue CONCLUSION OF MORNING earn that distinction: freedom’s enemies, and provide a shield BUSINESS To merit a rating of ‘‘Well Qualified,’’ the for liberty. The ACTING PRESIDENT pro tem- nominee must be at the top of the legal pro- We pray in Your great Name. Amen. fession in his or her legal community; have pore. Morning business is closed. f outstanding legal ability, breadth of experi- f ence and the highest reputation for integ- PLEDGE OF ALLEGIANCE EXECUTIVE SESSION rity; and demonstrate the capacity for sound The Presiding Officer led the Pledge judicial temperament. of Allegiance, as follows: This is the nonpartisan test that my I pledge allegiance to the Flag of the EXECUTIVE CALENDAR friend the Democratic leader, among United States of America, and to the Repub- others, used to call the gold standard. lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. pore. Under the previous order, the Judge Kavanaugh passed that with fly- ing colors. f Senate will proceed to executive ses- sion to resume consideration of the fol- To be clear, this seal of approval APPOINTMENT OF ACTING lowing nomination, which the clerk comes from the ABA’s Standing Com- PRESIDENT PRO TEMPORE will report. mittee on the Federal Judiciary—an The PRESIDING OFFICER. The The senior assistant legislative clerk independent entity within the organi- clerk will please read a communication read the nomination of Brett M. zation. Even after the ABA’s President ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S6507 . VerDate Sep 11 2014 01:01 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A04OC6.000 S04OCPT1 S6508 CONGRESSIONAL RECORD — SENATE October 4, 2018 tried to play politics with the nomina- character. Instead, many of the facts that have been volunteered by those tion last week, the Standing Com- actually support Judge Kavanaugh’s who have known him every step of the mittee reaffirmed its rating yet again. strong, unequivocal denial, which he way over the years. We have heard Unanimously well qualified—that is repeatedly stated to committee inves- from literally hundreds of character Brett Kavanaugh. tigators under penalty of felony and witnesses who have heaped praise on So how did we end up where we are which he firmly restated under oath the Brett Kavanaugh they know—the today? How did we get here? How did last Thursday before the full com- loyal friend and teammate; the stand- we get from a chorus of expert praise mittee and the American people, which out student; the talented, hard-work- and professional respect to wild tales of aligns with the testimony of hun- ing colleague; the brilliant legal writ- violent gangs, sexual assault rings, fist dreds—literally hundreds—of character er; the respected role model and men- fights on boats in Rhode Island har- witnesses who have known him over tor, particularly to women; and the de- bors, and the possibility—get this—of the years. voted husband, father, and coach. an argument at a college bar? For goodness’ sake, this is the United These letters and recorded testimony Several weeks ago, a confidential al- States of America. Nobody is supposed were offered by men and women with legation of misconduct from nearly 40 to be guilty until proven innocent in nothing to gain for themselves; they years ago was leaked to the press. this country. Nobody is supposed to be were just glad to tell the truth about a Since then, other allegations have guilty until proven innocent in the nominee who they know possesses the poured forth. Many were just patently United States of America. The Senate character, temperament, and qualifica- ridiculous—a feeding frenzy of ridicu- should not set a fundamentally un- tions for this important job. lous accusations. While some cheered American precedent here. Judge Kavanaugh’s professor and on the feeding frenzy for political pur- Judge Kavanaugh’s right to basic others who knew him at Yale describe poses, Judiciary Chairman CHUCK fairness does not disappear just be- ‘‘a true intellectual,’’ ‘‘a leading think- GRASSLEY and his staff rolled up their cause some disagree with his judicial er,’’ and ‘‘a wonderful mentor and sleeves and went to work. They philosophy. Our society is not a place teacher.’’ One goes so far as saying: ‘‘It promptly investigated the varied alle- where uncorroborated allegations of is hard to name anyone with judicial gations that materialized at the last misconduct from nearly 40 years ago— credentials as strong as those of Judge minute. allegations which are vigorously dis- Kavanaugh.’’ Chairman GRASSLEY reopened the puted—can nullify someone’s career or His former law clerks, in full- public hearing so that Dr. Ford and throated support, say that Judge Judge Kavanaugh could speak directly destroy their reputation. Is that what Kavanaugh’s work ethic ‘‘flows from a to those claims under oath. By the the Senate is going to be known for— fundamental humility.’’ They say that way, that was after he offered Dr. Ford your nomination comes up here, and he gives ‘‘unflinchingly honest advice’’ the option to tell her story at any we destroy your reputation? Is that place of her choosing—either here or in what the Senate is going to participate and ‘‘listens carefully to the views of California, either in public or in pri- in? his colleagues and clerks, even—in- vate, either with staff or with Mem- Above the partisan noise, beyond this deed, especially—when they differ from bers. It was an offer that, according to shameful spectacle, which is an embar- his own.’’ His legal peers here in Washington of Dr. Ford’s testimony, was seemingly rassment to the Senate, what will en- all political persuasions haven’t never actually communicated to her by dure are the actual facts before us—the minced their words either. They deem her lawyers despite a professional re- actual facts. Upon reviewing them, quirement to do so. only one question is left for us to an- him ‘‘unquestionably qualified by his Now, of course, the FBI has com- swer: Is Judge Brett Kavanaugh quali- extraordinary intellect, experience, pleted a supplemental background in- fied to serve on the U.S. Supreme and temperament’’ and warn the Sen- vestigation and delivered its results to Court? ate not to miss this opportunity to put us here in the Senate. This is now the There is a good reason the political ‘‘such a strong advocate for decency seventh time the FBI has thoroughly opponents of this nomination have and civility on our Nation’s highest reviewed Judge Kavanaugh’s back- never wanted to litigate that issue. Oh, court.’’ ground—seven FBI investigations. So no. They don’t want to talk about that. Let’s not lose sight of the oppor- what have we learned? What do the There is a good reason they let the pol- tunity before us.

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