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.

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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. This process has been facts and the evidence tell us after itics of personal destruction run away ruled by fear, anger, and underhanded seven FBI investigations? The fact is, ahead of the facts. It is in an effort to gamesmanship for too long. It is time these allegations have not been cor- dodge that very good question because for us to stand up to this kind of thing. roborated. None of the allegations have Brett Kavanaugh is stunningly and to- We owe it to the American people not been corroborated by the seven FBI in- tally qualified for this job. to be intimidated by these tactics. We vestigations—not in the new FBI inves- We already know this, but, for start- owe it to the American people to un- tigation, not anywhere. None of these ers, his academic and legal credentials derscore that you are innocent until last-minute allegations have been cor- are second to none. He graduated from proven guilty. roborated, as is confirmed by the sev- Yale with honors and went on to Yale It is the Senate that is on trial here. enth and latest FBI investigation. Law School. Then came not one, not What kind of image will we convey to As Chairman GRASSLEY stated this two, but three clerkships in our Na- the public? Can we be scared by all morning, ‘‘Neither the Judiciary Com- tion’s Federal courts, ending up with these people rampaging through the mittee nor the FBI can locate any Justice Kennedy. His career continued halls, accosting Members at airports, third parties who can attest to any of with work in the Office of Independent and coming to their homes, trying to these allegations.’’ There is no backup Counsel and the Office of White House intimidate the Senate into defeating a from any witnesses, including those Counsel. good man? Are we going to allow this specifically named as eyewitnesses by That was only the beginning. For the to happen in this country? the people who brought the allegations last 12 years, Brett Kavanaugh has We will not pretend that partisan in the first place. Let me say that served on what is widely considered the histrionics take away the basic fair- again. There is no backup from any second highest court in our land, the ness that every American deserves. We witnesses, including those specifically DC Circuit Court of Appeals. He has will not be hoodwinked by those who named as eyewitnesses by the people written more than 300 judicial opin- have tried hard to smear this good man who brought these allegations. In addi- ions. Several have formed the basis of and to drag him through the mud. And tion, one person has completely re- later rulings by the Supreme Court when that didn’t work, they turned on canted their whole wild story. Another itself. the dime and started claiming his real accuser went on television and The litany of accomplishments is a sin was that he spoke up too forcefully backpedaled from many of their own fact—a fact. It is a matter of public in defense of his good name and his ridiculous charges. record. family, or they decided he didn’t have The facts do not support the allega- Just as telling are all the accounts of a judicial temperament because he ag- tions levied at Judge Kavanaugh’s Judge Brett Kavanaugh, the person, gressively defended his good name

VerDate Sep 11 2014 23:36 Oct 04, 2018 Jkt 089060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.001 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6509 against this outrageous smear con- telling the truth rather than Judge So I would say to the leader, if you ducted in conjunction with Senate Kavanaugh. He knows any focus on Dr. are talking about partisan histrionics, Democrats. Ford would bring more feelings that if you are talking about politics of per- Who among us would not have been Judge Kavanaugh is the wrong person sonal destruction, if you are talking outraged by having a lifetime record for the Supreme Court, but he can’t at- about being intimidated, if you are drug through the mud with accusations tack Dr. Ford because of her credi- talking about outrageous smears, you that cannot be proven and a blatant at- bility—greater than Judge are really accusing Dr. Ford of all of tempt to decide—on the part of at least Kavanaugh’s—so he attacks ‘‘Demo- those things, not anyone else, because some Senate Democrats—that the pre- crats,’’ increasing the partisan rancor she is the reason we are all here in this sumption of innocence no longer ap- and basically the fundamental lack of type of discussion, and no Democrat plies in this country? What kind of per- getting to the truth in this Chamber. importuned her to come—no Democrat. son wouldn’t have been upset about I would like to ask the majority lead- Senator FEINSTEIN tried to respect that? er a few questions based on what he her wishes and not make it public. They claim he spoke too forcefully in said a few minutes ago. He said this de- That was not a political instinct, that defense of himself after being accused bate has been filled with partisan was a human instinct. As I understand of such outrageous behavior that can- histrionics. Mr. Leader, are you accus- it, Senator FEINSTEIN’s staff called not be proven. I admire him for stand- ing Dr. Ford of engaging in partisan each week and said: Do you want to go ing up for himself and standing up for histrionics when she came forward? public now? And Dr. Ford said no, and his family. I would be shocked if it He said the politics of personal de- DIANNE FEINSTEIN respected that. Now, were not done in an aggressive fashion, struction is rampant. Again, Mr. Lead- because she did that, our Republican for goodness’ sake. er, are you accusing Dr. Ford of engag- friends are accusing her of manipu- Let’s reclaim this moment for what ing in the politics of personal destruc- lating. Manipulating what? Dr. Ford’s it should be—a chance to elevate a tion? desire to keep this private? stunningly talented and impressive ju- He talked about people being intimi- We heard what Dr. Ford said. She rist to an important office for which he dated. Again, Mr. Leader, are you ac- wrestled with deciding whether to go is so well qualified, so completely and cusing Dr. Ford of intimidating the public. She knew the damage it would totally qualified. It is a golden oppor- Senate because she had the courage to create for her family, for her life—her tunity to give our great Nation pre- come forward? very life. She decided she had an obli- He talks over and over about the out- cisely the kind of brilliant, fairminded, gation to come forward. She decided rageous smear. Mr. Leader, it is about and collegial Supreme Court Justice she had to come forward. I believe her. time you came forward and came clean. that the Court deserves. This is the A large number of Americans believe When you say ‘‘outrageous smear,’’ you good that Senators will have an oppor- her, but even if you don’t believe her are really referring to what Dr. Ford tunity to do. We have a chance to do and you choose to believe Judge said, but you can’t say so because ev- good here and to underscore the basic eryone knows that kind of rhetoric Kavanaugh, don’t demean Dr. Ford, tenet of fairness in our country. would be outrageous. which is exactly what you are doing. I filed cloture on the nomination yes- It is her testimony that got this It is a shame. It is a low point in a terday evening, and I will be proud to whole thing going; her testimony, re- headlong rush to get somebody whose vote to advance this nomination to- quired by one courageous Republican views are out of touch with the Amer- morrow. who said he wouldn’t just rush things ican people, who would, in all likeli- I suggest the absence of a quorum. through, as Leader MCCONNELL at- hood, greatly limit women’s healthcare The PRESIDENT pro tempore. The tempted to do, and that is why there and women’s right to choose, who clerk will call the roll. was a hearing, not any Democrats— would gravely constrain healthcare, The legislative clerk proceeded to none. who would allow this overreaching call the roll. I said yesterday, the leader is telling President to overreach with no con- Mr. SCHUMER. Mr. President, I ask one of the greatest mistruths I have straint. unanimous consent that the order for heard on the floor; that Democrats Dr. Ford seems to be a casualty along the quorum call be rescinded. have delayed. Again, Mr. Leader, what the way in terms of the name-calling, The ACTING PRESIDENT pro tem- power do we have to delay? Isn’t it true the nastiness, and the viciousness. pore. Without objection, it is so or- that you set the time and place of Now, they don’t say it is Dr. Ford, but dered. hearings—or your committee chairs make no mistake about it, it is her RECOGNITION OF THE MINORITY LEADER do—and you set the time and place of they are talking about because it was The ACTING PRESIDENT pro tem- when we vote, with no effect from the only she who brought all of these pore. The Democratic leader is recog- Democrats, no influence by Democrats. things up—not Democrats. Democrats nized. If you have delayed, Mr. Leader, it is didn’t put words in her mouth. Her Mr. SCHUMER. Mr. President, it is because you have delayed. If there has words came from the heart. another morning in the Senate and an- been delay, Mr. Leader, it is because Now, I will make three final points other partisan diatribe coming from you have delayed. about the documents that were re- my good friend—and he is my good Ultimately, Dr. Ford came forward leased late last night. First, we Demo- friend—the majority leader. Instead of and won America’s heart, and our Re- crats had many fears this would be an looking at what happened—that a publican colleagues were upset because all-too-limited process that would con- young woman came forward because that might derail their headlong rush strain the FBI from getting the facts. she felt compelled to, knowing she to put Judge Kavanaugh on the Su- Having received a thorough briefing a would risk so much to herself, which, preme Court. Led by Judge Kavanaugh few minutes ago, our fears have been unfortunately, has happened—he seeks at his return testimony and by Presi- realized. Our fears have been realized. to blame somebody else; in this case, dent Trump and by Leader MCCONNELL, This is not a thorough investigation. the Democrats. they have tried to misdirect the whole According to Dr. Ford’s lawyers and Let’s remember that Dr. Ford came issue away from Dr. Ford, who is the Ms. Ramirez’s lawyers, there were forward before Judge Kavanaugh was cause—the reason—we are debating all many, many witnesses they wished to even nominated. Dr. Ford came for- of this, and toward other boogeymen, have interviewed, and they said they ward and called up two people before many of whom happen to be Demo- were not interviewed. They should be. anyone even knew of her allegations, crats, coincidentally. It is wrong. Why not? What limits were placed on including, one, a hotline from the What our Republican friends are the FBI so that they couldn’t do a full Washington Post, according to her tes- doing—what my dear friend, the leader, and thorough investigation? The word timony. Our colleague—my colleague is doing—is demeaning to Dr. Ford, and is, it was the White House, importuned here—has engaged in a giant Kabuki demeaning is the last thing Dr. Ford by some of the Republican Senate game. He knows how believable Dr. and others who have gone through staffers here. Ford is. He knows the majority of the what she went through needs now or Well, the White House has two American people believe Dr. Ford was deserves now. choices: They can admit it or, if they

VerDate Sep 11 2014 23:36 Oct 04, 2018 Jkt 089060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.002 S04OCPT1 S6510 CONGRESSIONAL RECORD — SENATE October 4, 2018 deny it, they should at very minimum Mr. CORNYN. Madam President, it for all of the other past Supreme Court make the directive they sent to the seems like light years ago, but it was Justices combined—more paper on FBI public. If the White House didn’t July 9 when President Trump nomi- Judge Kavanaugh than all of the other limit what the FBI normally does when nated Brett Kavanaugh to be the next Supreme Court Justices combined. they do one of these background Justice on the Supreme Court of the Once again, that argument eventually checks, it sure seems they did, given United States. I want to recap to re- ran out of gas. the limited number of witnesses or the fresh everybody’s memory of what has Fourth, came the normally scheduled so many witnesses who weren’t called happened since July 9 and explain confirmation hearings, which Judge who should have been. Make it public. briefly why I will be voting for Judge Kavanaugh sailed through with flying Let the American people see whether it Kavanaugh to be the next Associate colors. Opponents couldn’t lay a finger was truly limited or not. Justice on the Supreme Court. on him, but that is when things began What else should be made public are Most importantly, I want to make to take a darker turn. I am talking these documents that we are allowed to one point emphatically clear. The Sen- about the accusations that our Demo- look at. First, again, the idea that this ate should not be intimidated under cratic colleagues sat on for a month be- should be full and thorough and open the circus-like atmosphere that has un- fore seeing them leaked into the press, and available is once again belied by fortunately surrounded this entire con- contrary to Dr. Ford’s wishes and the pettiness on the Republican side firmation process. We should not be in- against her consent. These allegations, and the White House. There is only one timidated, and we should not be of course, regarded alleged high school document for 100 Members to see in the complicit in the orchestrated attempt misconduct on the part of Judge course of a day. That is very hard to to assassinate one man’s character and Kavanaugh, but the ranking member of do, and there were a lot of documents. destroy his career and to further delay the Judiciary Committee didn’t share There is only one copy of these docu- this confirmation vote. that with the FBI for 6 weeks or more ments. Why weren’t there 10 copies in When Judge Kavanaugh was nomi- and didn’t share it with bipartisan Sen- that room? What the heck is going on nated, it quickly became clear that we ate Judiciary Committee investigators, who were responsible for here? It is just a pattern—a pattern of were dealing with somebody who was supplementing the investigation of the limiting access to facts, limiting ac- well qualified and well respected. He FBI and the background investigation. cess to truth, and limiting access to served for 12 years on the DC Circuit The ranking member didn’t share it what the American people ought to Court of Appeals. He was well known with the committee itself during a know. for his expertise and his talent and his closed-door session during which sen- So I reiterate my call—particularly experience. Former colleagues and sitive material would not be made pub- after receiving the briefing about what judges said that. Lawyers who argued lic and where Dr. Ford’s identity, con- the documents contain—that they be before him at the DC Circuit Court said sistent with her request, could have re- made public. Obviously, there have to that. His former law clerks said that. mained confidential, as well, while be appropriate redactions, and there Legal scholars, including those who did that allegation was investigated. Of should be, to protect the privacy of not share his views on the law, said course, Judge Kavanaugh himself was those who were interviewed. But there that as well. never told of the allegation until some- is no reason on God’s green Earth that What happened? I think opponents of this nomination knew they couldn’t time after his initial hearing. those documents can’t be made public. Now, that includes when our friend beat his nomination the old-fashioned Let the American people decide. and colleague, the senior Senator from way—on the merits—so they decided to Leader MCCONNELL said from the California, met one-on-one with Brett throw in the kitchen sink. First came very beginning to the effect that he Kavanaugh. Don’t you think, if some- the trash talking. There are claims was going to rush this through. Start- body had a question about an allega- that supporters of Judge Kavanaugh’s ing with not releasing documents, fol- tion being made against the nominee, nomination would somehow be lowed by constraints from our Senate that would be the perfect time to con- complicit with evil. That was a U.S. Republican colleagues on what should front the nominee and say: I have this Senator who said that. Another said be limitations on the FBI’s ability to allegation. What do you have to say do the new background check, all the his confirmation could spell the de- about it? But she said nothing. way to this morning with one docu- struction of the Constitution itself. By that point, we know she had al- ment in that room, the White House These are apocalyptic words and ready spoken to Dr. Ford. We know she and the Republican side here in the rhetoric. Most Americans can spot wild had already recommended partisan Senate have attempted to rush this untruths and petty shaming when they lawyers to represent her. We knew through regardless of the facts. It is see it. So that didn’t work very well. there had been arrangements by her wrong. It jaundices relationships be- Opponents had to move on to round 2. lawyers to conduct a polygraph exam- tween the sides in this body—which we They then argued that Judge ination. This is all during the time all want to be better—hurts the agen- Kavanaugh could not be fair and im- when the senior Senator from Cali- cies involved, the reputation of the partial on the bench because of his fornia had assured Dr. Ford that her FBI, and, above all, this hurts the Su- views on executive power or because of name would be kept out of the press preme Court and the American people. his experience in working on the ter- and out of the public limelight. Make no mistake about it. Once rorist detention policy following the Once she was sent to these partisan again, had this process been open and attacks that devastated this country lawyers, they were preparing for bat- fair, maybe the outcome would be dif- on September 11, 2001, when he worked tle. They got a polygraph examination, ferent; maybe it wouldn’t. Who could at the White House. Thankfully, the plans were being made and hatched, tell? But at least there would be some fact checkers did their due diligence but the ranking member of the Judici- respect for the process. That hasn’t and spotted errors with each of these ary Committee, who sat on these alle- happened, and that is very bad for this arguments. So opponents of the nomi- gations for 6 weeks, said nothing, in- body, for the Supreme Court, and for nation moved on. cluding hiding the allegations from the these United States of America. Next came the great paper chase—the very man whose name in the next few I yield the floor. insistence that more and more docu- days would be tarnished when the full I suggest the absence of a quorum. ments needed to be produced, including fury of our Democratic colleagues’ The PRESIDING OFFICER (Mrs. those that had traditionally been held wrath was unleashed. FISCHER). The clerk will call the roll. back because of executive privilege, be- These accusations are very serious. The legislative clerk proceeded to cause these were not documents that They are crimes. Judge Kavanaugh has call the roll. Brett Kavanaugh owned. These were been accused of multiple crimes. Mr. CORNYN. Madam President, I documents held by either the National I have said earlier that I wanted Dr. ask unanimous consent that the order Archives or the George W. Bush Li- Ford to be treated the same way my for the quorum call be rescinded. brary. Yet it is important to note that own daughters or my wife or my moth- The PRESIDING OFFICER. Without more documents about Judge er would be treated in similar cir- objection, it is so ordered. Kavanaugh were produced for him than cumstances. That is the sort of respect

VerDate Sep 11 2014 23:36 Oct 04, 2018 Jkt 089060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.004 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6511 we owe any person making a serious al- lawyers and people who had knowledge corroborate what Dr. Ford said if there legation like this, but while we were of Judge Kavanaugh’s expertise and his were such a person? doing everything we could to treat Dr. temperament, and they all said it was We know these claims conflict with Ford with the dignity and respect she deserving of the highest rating the the accounts of many women who said deserves, our Democratic colleagues American Bar Association could give. they have known this nominee to be- did her a huge disservice, not only to I wonder how any of us would feel if have honorably not only in high school her but any other woman across the we were accused of a crime we didn’t and college toward them but the count- country who believes they have been a commit and were forced into the public less other women who have known and victim of a sexual assault. I say that limelight to defend our good name and interacted with Judge Kavanaugh because of the way they handled Dr. our honor and our reputation and to since. It just seems simply out of char- Ford’s accusations and hid them along protect our family against the threats acter for the Brett Kavanaugh we have the way. that were being made against them. I come to know as a result of these hear- We know Dr. Ford requested con- would be angry. I would do everything ings and these investigations. fidentiality, but our Democratic col- possible to push back against the false Finally, the timing of these allega- leagues deprived her of that against accusations, and that is what Judge tions seem awfully calculated and un- her will. Her letter alleging mis- Kavanaugh did. Along the way, he usual, even politically motivated, and conduct on the part of Judge again offered his denial of any of the compound that with the fact that our Kavanaugh was leaked to the press allegations of Dr. Ford under penalty Democratic colleagues chose not to act along the way, which is the way this of felony. on the opportunity to investigate them sort of character assassination begins— So the question is, How do we decide? either through the Judiciary Com- anonymous reports to the press. Because we are going to be voting mittee staff or the FBI when it was We know Dr. Ford is struggling to starting tomorrow on this nomination. much more appropriate to do so. come to grips with difficult moments Isn’t it somebody’s word against an- Well, those are the facts I believe we in her past, but eventually she sum- other’s? Don’t we either have to believe should consider, and that is the evi- moned the courage to share her story. everything that one says or another? dence that suggested Judge Kavanaugh What she didn’t fully appreciate is, she Do we know whom to trust, whose word is telling the truth. was simultaneously being used and de- to accept, when allegations are made The counterarguments offered by our ployed as a political weapon, a last- about something that allegedly hap- Democratic colleagues are not compel- minute timebomb that was designed to pened 35 years ago with gaps in the ling, and I think deep down they real- destroy one man’s reputation and blow story, inconsistencies? ize it. That is why they keep changing up the confirmation process once and Well, I think the first thing we have their position, moving the goalpost, as for all. to do is put these questions into the you have heard. That is why they have I would say to our colleagues across proper context, but here is the bottom finally resorted to talking about al- the aisle who claim to be acting in Dr. line: This is not a case of he said, she leged ice-throwing incidents in college. Ford’s best interest: It sure doesn’t said. It is a case of she said, they said. Man, that is disqualifying, they say, look like it to me. We did everything In other words, the allegations made apparently, or let’s look at his high we could, under the awful cir- by Dr. Ford are not confirmed or cor- school yearbook. I would stipulate that cumstances presented to us by our roborated by any of the other people teenage boys—well, I was one once. We Democratic colleagues, to show respect she said were present that day. One of are not that smart when we are teen- for Dr. Ford and to accommodate her those people she said was present was age boys, and the dumb things that wishes for safety and privacy. The Ju- Leland Keyser, a female friend, one of people say and do, I think, as the judge diciary Committee wanted to do what her closest friends, who said not only said, are cringeworthy sometimes. was best for her when it offered a bi- does she not remember being involved Then we have seen conspiracy theo- partisan team of investigators to go to in anything like this, she said she ries spun up involving his calendar California and give her an opportunity never even met Brett Kavanaugh. from 1982. Now, I admit it is a little to tell her story to them out of the This is not about believing women or odd, I think, for anybody to have kept limelight, with the TV cameras off, re- believing men. That is a false choice. It a daily calendar and still have it at age spectfully and privately. is not about having to choose between 53, but Judge Kavanaugh said that is One of the suspicious circumstances a man and a woman when it comes to what his dad did, and it was a combina- surrounding this whole event, the very allegations of sexual assault. It is not tion calendar and diary. So it tells us lawyers the ranking member sent her about being for the #MeToo movement some of what he was doing at the time to, these partisan lawyers, apparently or against it because who, after all, we are concerned with. didn’t even tell Dr. Ford this option could be against it—women coming for- I would suggest this whole enterprise was available to her. That is what Dr. ward and telling their story when they has gotten so far afield from a search Ford said at the hearing. believe they have been assaulted. for the truth and become just a relent- We also brought in an experienced No, what this is about is looking at less, unhinged attempt to defeat the sexual assault investigator and lawyer the specific relevant evidence in this nomination, and in the process, chew from Arizona to help us elicit the facts case in the proper framework. That up and spit out the reputation of a of her claim. Throughout the hearing, evidence goes well beyond the impas- good man. we listened and tried to learn from sioned and unequivocal denial by Judge We know this play has been what Dr. Ford was telling us. We took Kavanaugh. telegraphed. Our friends across the Dr. Ford’s statements seriously. In this case, as I said, there were aisle made known their opposition Then it was Judge Kavanaugh’s turn. three eyewitnesses Dr. Ford said could would be equal parts merciless and re- Some of our colleagues now feign con- confirm her story, and all of them di- lentless months ago when the minority cern about Judge Kavanaugh’s judicial rectly refuted her story. leader said he was going to oppose temperament because of the way he What is more, nothing like this ever Judge Kavanaugh’s nomination with forcefully defended himself at the hear- came up in the context of six previous everything he has—everything. ing where he had been accused of mul- FBI background investigations con- Well, apparently ‘‘everything’’ in- tiple crimes and accused of lying under ducted by the FBI during Judge cludes last-minute, uncorroborated ac- oath. Kavanaugh’s long and very public ca- cusations made almost 40 years ago. We know what Judge Kavanaugh’s reer. ‘‘Everything’’ involves refusing to par- temperament is like on the bench be- We have been told the FBI, during ticipate in the normal committee proc- cause he spent 12 years on the DC Cir- the course of these now seven back- ess, walking out of hearings, breaking cuit Court of Appeals. That is why the ground investigations, including the the rules. It involves making loud, American Bar Association gave him supplemental background investiga- baiting statements designed to incite their very highest rating, not only for tion, has talked to 150 witnesses about people. It includes seeing some of our his experience but for his temperament Judge Kavanaugh. Don’t you think colleagues get hangers sent to their of- as well. They interviewed hundreds of somebody, somewhere, sometime would fices, chasing Senators and their

VerDate Sep 11 2014 23:36 Oct 04, 2018 Jkt 089060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.006 S04OCPT1 S6512 CONGRESSIONAL RECORD — SENATE October 4, 2018 spouses from restaurants or through lishing the wrong one. Can you imag- about what he knew at age 53 and what airports, not to mention delays and ob- ine, if this orchestrated smear cam- he did at age 17. structions at every step along the way. paign and relentless effort to destroy Sadly, this was hardly even sur- Here is what I really think needs to this nominee is successful, what kind prising. Kavanaugh has a habit of ap- be understood: Our colleagues across of precedent that would set in the fu- pearing to lie under oath, as we know the aisle claim to be looking out for ture? Woe be to all of us and shame on from when he was questioned about his the victim. They claim to be on the all of us if we allow that to happen. role in the Bush administration’s tor- side of empathy, but there is nothing This vote is about validating years of ture policy back in 2006. This con- empathetic about the cruelty they public service and decades of honorable sistent dishonesty—this disregard, have shown Judge Kavanaugh, his wife, conduct. It is not about forgetting ev- even distaste for the truth—should be and their children. There is nothing erything that a person has done, all unacceptable in any judicial nominee, empathetic about presuming that that he is, and all that he has worked let alone one nominated to serve on the somebody is guilty without evidence, for at the drop of a hat based on highest Court of the land for a lifetime and there is nothing consistent about unproven allegations. It is not about appointment. our colleagues who forget many of shifting with the turbulent political Let’s be clear: How Republicans went their standard refrains about our whims. It is about what is just, and not about restricting the FBI investigation criminal justice system convicting too just what is popular in some circles. this past week was questionable at many people when the evidence is thin. The FBI has submitted its supple- best, sabotage at worst. Yet the reality Some commentators have called this mental background investigation. is that that suspiciously limited back- our Atticus Finch moment, recalling Democrats and Republicans are in the ground check was not even necessary the famous novel ‘‘To Kill a Mocking- process of being briefed on that. Having to prove that he was unfit; it was his bird’’ by Harper Lee. We all remember been briefed, I can tell you this: Noth- inappropriate public outbursts and his that Atticus Finch was a lawyer who ing new. No witness can confirm any lack of candor that were so deeply did not believe that a mere accusation allegation against Judge Kavanaugh. troubling, that should be so obviously was synonymous with guilt. He rep- As I said, Judge Kavanaugh has been disqualifying. resented an unpopular person who investigated seven times now by the This has nothing to do with his con- many people presumed was guilty of a FBI through background investigations servative beliefs. This has to do with heinous crime because of his race and where they have talked to 150 wit- the fact that the belligerent partisan his race alone. We could learn from nesses. operative who revealed himself last Atticus Finch now, during this time It is time to vote. I hope my col- week is wholly unsuited for a job that when there has been such a vicious and leagues will join me in supporting demands a level-headed temperament. unrelenting attack on the integrity Judge Kavanaugh’s nomination start- It is not just I who is saying that. It is and good name of this nominee. ing with the cloture motion we will a sentiment that some of Kavanaugh’s What I find the most distressing is vote on tomorrow morning. own former law clerks have expressed that our colleagues who have engaged I yield the floor. in the wake of his hostile outbursts. in this relentless and vicious attack ex- I suggest the absence of a quorum. No one is entitled to a Supreme press no remorse over violating Dr. The PRESIDING OFFICER. The Court seat, not even someone who went Ford’s wishes regarding confiden- clerk will call the roll. to Yale College or Law School as he re- tiality. They make no act of contrition The bill clerk proceeded to call the minded us one, two, three, four times about thrusting her into the spotlight roll. last Thursday. In this #MeToo moment and using her for partisan purposes or Ms. DUCKWORTH. Madam President, we are living through, we need to rec- for recommending partisan lawyers to I ask unanimous consent that the order ognize the bravery it took for these shepherd her along and withholding in- for the quorum call be rescinded. women—Dr. Ford but also Deborah Ra- formation from the Judiciary Com- The PRESIDING OFFICER. Without mirez—to speak out and not deride mittee and the FBI for weeks on end. objection, it is so ordered. them and shame them as some on the I have spent much of my career in Ms. DUCKWORTH. Madam President, other side of the aisle and even the elected office fighting to make sure by the time Dr. Ford was sharing her President are doing. that victims of sexual assault and do- story last Thursday afternoon, I was The other night, Trump stood in the mestic violence and human trafficking heartbroken. Then, by the time Judge middle of a political rally in Mis- are never ignored, but at the same Kavanaugh was done speaking, just a sissippi and told joke after joke about time, I will never apologize for 1 second few hours later, I was horrified. Dr. Ford and the worst moment of her for believing in the constitutional pre- Dr. Ford spent her time talking life—mocking a survivor, making fun sumption of innocence and due process about the laughter she still hears ring- of her trauma, riling up thousands of of law—one of the bedrock principles of ing in her ears from that night—the people to laugh at her just as she says our justice system, and that is because night that an older, stronger, drunker Brett Kavanaugh did in that bedroom those principles are grounded in basic boy forced her to learn what it was like that night. That makes me sick. It fairness and fair play. The spirit of to feel helpless. Her voice quivered, but makes me furious. Donald Trump may that principle and the concept of due she herself never wavered, steadfast in sit in the Oval Office, but it is obvious process applies to Judge Kavanaugh the truth—in the memory of those few he cannot live up to even the minimal just as much as it does to any defend- moments that changed her life forever. standards of what we should expect of ant taking a stand in any courtroom Judge Kavanaugh, meanwhile, spent any President. He doesn’t even under- across this country. He has, in fact, his time interrupting and attacking stand or care how cruel it is to try to been accused of a crime—multiple the committee members, shouting over bully a survivor back into the shadows. crimes. Senators and dressing them down—ap- You know, I have two daughters. The I believe we will remember last pearing belligerent and outraged that younger, Maile, was just born this week’s hearings for years to come, and anyone would dare keep him from get- April. The older, Abigail, is nearly 4 I am sure history will ultimately judge ting what he feels entitled to, as years old now. Her drawings line the all of us, but in the meantime, we need though he—or anyone—is entitled to a walls of my Senate office, and her to act. We have had more than enough seat on the U.S. Supreme Court. smile is the first thing I see in the time to evaluate this nominee. The Time after time, he made brazenly morning. Well, I just can’t stop think- Senate must do its job, and we will not political statements that should dis- ing about how Dr. Ford was also once be intimidated. This is about the prin- qualify any candidate from serving as a that age. She too probably had her hair ciples we stand up for and defend—yes, Federal judge. Over and over again, he brushed and then braided by her mom. sometimes even when it is unpopular. told what appeared to be blatant lies She too probably loved that too-big set This vote that we will have beginning despite his being under oath. He seems of Crayola crayons and proudly took to tomorrow is about upholding long-es- to have lied about the meaning of his her mom drawing after drawing like tablished constitutional principles and yearbook page, about when he learned those my Abigail brings to me. I can’t creating the right precedent, not estab- of some of the recent accusations, stop thinking about how that little

VerDate Sep 11 2014 23:36 Oct 04, 2018 Jkt 089060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.007 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6513 girl, just a decade later, found herself My Democratic colleagues like to Dr. Ford has also offered inconsistent cornered and alone and scared—out- pretend that Judge Kavanaugh’s under- accounts of when the attack took place numbered and overpowered and terri- standable indignation at last week’s and how many people were present at fied—in hearing that boy’s laughter hearing was a reaction only to Dr. that party. that she remembers all of these years Ford’s allegations but, of course, that There are other aspects of her story later. is not the case. In the days imme- that are also confusing. She does not I am voting against Brett Kavanaugh diately preceding that hearing, Judge remember where or when the attack because I believe Dr. Christine Blasey Kavanaugh was accused of drugging took place, but she remembers with Ford, because I believe Deborah Rami- women, of sexual assault, and even of crystal clarity how much alcohol she rez, because we need a nominee who gang rape. had consumed. This appears to be the will not cover up, abet, and lie about Judge Kavanaugh told the committee only fact unrelated to the alleged at- torture, but also because I know the investigators it was like the twilight tack that she is able to recall with cer- American people deserve a fair-minded zone. I sure wish my Democratic col- tainty. Supreme Court Justice who actually leagues would stop trying to rewrite Dr. Ford also testified that after the cares about honesty and the truth. history to excise the slew of garbage attack, she ran out of the party. The That is the bare minimum we should they unleashed on Judge Kavanaugh location of the party had to be some expect from a nominee to the Supreme and the American people, and I hope distance from her home. She was too Court, and Brett Kavanaugh can’t even they will start talking to their friends young to drive, so she would have had clear that low hurdle. on the outside and start acting like to have gotten a ride home, but she I yield the floor. Americans again and quit this kind of does not recall who drove her home. I suggest the absence of a quorum. divisive activity. And given that this was long before the The PRESIDING OFFICER. The I would like to say a word here about era of cell phones, it is unclear how she clerk will call the roll. Dr. Ford. It is clear now that we will would have contacted someone to come The senior assistant legislative clerk never know what happened 36 years pick her up after she ran out of the proceeded to call the roll. ago. Dr. Ford offered a moving account party. Mr. HATCH. Mr. President, I ask of what she says happened between her Even more puzzling, her good friend, unanimous consent that the order for and Judge Kavanaugh back when they Ms. Keyser, apparently never asked Dr. the quorum call be rescinded. were teenagers. Judge Kavanaugh, in Ford why she disappeared from the The PRESIDING OFFICER (Mr. turn, offered a forceful, impassioned re- party. buttal of her claims. Some have criti- HOEVEN). Without objection, it is so or- Given that there is no corroborating dered. cized Judge Kavanaugh for being too evidence for Dr. Ford’s claims, all we Mr. HATCH. Mr. President, nearly 3 forceful in his response. My gosh, if have to go on is her story. Although months ago, I came to the Senate floor that were me, I would be even more not dispositive, the questions and in- for the first time to support President forceful than he was, to have false ac- consistencies and puzzling aspects that cusations like that, especially at this Trump’s nomination of Brett I have just outlined call into question particular time in this process. Kavanaugh to the U.S. Supreme Court. the reliability of her account. This is Interestingly, almost without excep- simply not enough to conclude that Here is what I had to say at that time: tion, these critics had announced their Judge Kavanaugh is among the most dis- Judge Kavanaugh is guilty of the hei- opposition to Judge Kavanaugh even nous act Dr. Ford alleges. It flies in the tinguished and most influential judges in the before Dr. Ford’s allegations were entire country. The Supreme Court has face of the life he has lived as a judge adopted the positions in his opinions no less leaked to the press. So let’s not pre- and how effective he has been as a than 11 times. He has authored multiple dis- tend these critics are neutral observ- judge on the second highest court in sents that ultimately prevailed in the Su- ers. the land. In any event, Judge Kavanaugh’s in- preme Court. Against the thinness of Dr. Ford’s ac- dignation at what he clearly believes He has taught courses at Harvard, Yale, cusations, we have an entire lifetime of and Georgetown. are false and unjust accusations was good works and honorable public serv- It bears mention, liberal and conservative both understandable and, in my view, ice by Judge Kavanaugh. We have re- justices alike have hired his former clerks, entirely proper. which shows the respect he has across the Dr. Ford’s allegations are serious. If ceived dozens of letters and hundreds of ideological spectrum. true, they should disqualify Judge people attesting to Judge Kavanaugh’s Truly, there is no one more qualified and Kavanaugh from serving on the Su- good character and unimpeachable cre- more prepared to serve on the Supreme dentials. His clerks, students, and Court than Brett Kavanaugh. preme Court. But neither Dr. Ford nor her attorneys nor any member of news former colleagues have all praised him A lot has transpired in the last 3 media has been able to provide any cor- as a man of the highest integrity. He months. We have received and reviewed roboration for her claims. To the con- has made the promotion and encour- more documents for Judge Kavanaugh trary, every alleged eyewitness or par- agement of women lawyers a focus of than for any other Supreme Court tygoer she has named has either denied his time on the bench. He volunteers in nominee in our Nation’s history. We her allegations or failed to corroborate his community and mentors young ath- have had 5 days of public hearings. them. This includes her lifelong friend letes. This is a good man. He is a very Judge Kavanaugh has answered more Leland Keyser, whom Dr. Ford says good man, and he does not deserve this than 1,300 written questions—more was present at the party that night. kind of treatment or behavior. What questions than all previous Supreme Ms. Keyser says that not only does she Dr. Ford alleges is entirely out of char- Court nominees combined. not remember such a gathering ever acter with the entire course of Judge We have had protesters in halls and taking place but that she does not even Kavanaugh’s life. hearing rooms and elevators. We have know Judge Kavanaugh. The recent sideshow stories about his even seen the miraculous return of Questions have been raised in recent drinking habits in high school—my Spartacus, and we have had the lowest, days about certain elements of Dr. gosh—and college over 30 years ago most vile, most dishonest attempt at Ford’s testimony. from people who never liked him in the character assassination I have ever She says she first told others that first place are just a distraction. That seen in my whole 42 years of service in Judge Kavanaugh had attacked her this confirmation process has turned the Senate. around the time of a house remodel to into a feeding frenzy about how nice We may never know who leaked re- add a second front door to her home, Judge Kavanaugh was to his freshman ports of Dr. Ford’s allegations to the but permit records show that the door roommate is an embarrassment. press. We do know it was someone in was added 4 years prior to her first al- That said, the Senate has taken the Democratic orbit. This was fol- leged mention of Judge Kavanaugh. these allegations seriously, as we lowed by the most appalling smear She testified that she had never should. We invited Dr. Ford and Judge campaign imaginable. No accusation given advice on how to take a poly- Kavanaugh to testify, and they did so. was too heinous, no claim too far- graph test. A former boyfriend of hers, Committee investigators spoke with fetched. however, disputes that statement. numerous individuals who said they

VerDate Sep 11 2014 23:36 Oct 04, 2018 Jkt 089060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.009 S04OCPT1 S6514 CONGRESSIONAL RECORD — SENATE October 4, 2018 had relevant information to share. The acter assassination by Senate Demo- I will vote to confirm Judge committee also took statements under crats and their media allies, no one—no Kavanaugh. He is unquestionably penalty of felony from the alleged wit- one—has been able to find any charge qualified. He has gone through the nesses Dr. Ford named. against Judge Kavanaugh that sticks. most thorough vetting process I have In addition, the FBI recently com- And you can believe they have tried. ever seen. It has been a miserable, pleted a supplemental background Boy, can you believe they have tried. retched process in some respects, but check of Judge Kavanaugh, and the This has been the worst example of the he has come through, and we all give FBI found no corroborating evidence Washington smear machine that I have him credit for that. Hundreds of thou- for any of the recent allegations seen in all my 42 years of Senate serv- sands of documents produced. Five against Judge Kavanaugh. Let me re- ice. days of hearings. Seven FBI back- peat that. The FBI found no corrobo- So we are left back where we were be- ground checks. We know what we need rating evidence for any of the recent fore this whole sordid saga began. to know. The American people know allegations against him—not a single Judge Kavanaugh is eminently quali- what they need to know. piece of corroborating evidence. fied, unquestionably qualified, to serve It is time to vote. It is time to con- Now that the FBI has found no cor- on our Nation’s highest Court. He is firm this good man to the U.S. Su- roborating evidence, some of my Demo- among the most distinguished, influen- preme Court, and I hope this body will cratic colleagues shamefully have tial judges in the entire country. His get to that decision-making process as taken to calling into question the opinions have received widespread ac- soon as it can. It is time to end this credibility of the FBI and its investiga- claim and have won approval by the charade. It is time to back this really tors. These attacks are irresponsible, Supreme Court on multiple occasions— good man. I predict he will make one of to say the least. Indeed, contrary to multiple occasions. The American Bar the great Justices on the U.S. Supreme what my Democratic colleagues have Association interviewed more than 100 Court. said, the FBI conducted a thorough, fellow judges and lawyers who know I am grateful to my colleagues who professional, and expeditious investiga- Judge Kavanaugh and who have ap- have given him the benefit of the doubt tion. The FBI talked to the people it peared before him, and they all spoke and who know him and know these needed to talk to. What agents did not with virtual unanimity in praising his things are not true. I am grateful for do is talk to someone who says he integrity, his work product, and his ju- the privilege of serving in the Senate. I talked to someone more than 30 years dicial temperament. sure hate to end my service with fur- ago who now doesn’t remember seeing As somebody who tried cases in Fed- ther smears to a good man like Judge anything. They didn’t investigate eral court, I would have been happy to Kavanaugh. whether Judge Kavanaugh was, in fact, have had Judge Kavanaugh, who I I yield the floor. spotted near a punch bowl at a high know would give a fair shake to both The PRESIDING OFFICER (Mr. school party, and they were right not sides. He is the kind of a judge I would PERDUE). The Senator from Maryland. to do so. An FBI investigation is not a have admired in every way, and I do, Mr. CARDIN. Mr. President, I have wild goose chase. but I would have admired him in every read the FBI report. I listened to the Some of my Democratic colleagues way as a practicing trial lawyer who Judiciary Committee hearings, includ- are also complaining that the FBI did had quite significant experience. ing the second hearing with Dr. Ford not interview Dr. Ford or Judge I hold the highest rating, the ABA and Judge Kavanaugh. I reviewed Kavanaugh during the supplemental in- rating from Martindale-Hubbell, which Judge Kavanaugh’s opinions as a judge vestigation. Well, Dr. Ford testified in is the rating service that rates attor- and his public record during his tenure a public hearing for nearly 3 hours. She neys without their knowledge by going in the White House. told the committee that she had given to other top lawyers in their area. I Based on his record, I cannot support us all of the information she could re- have had that highest rating in two his nomination for a lifetime appoint- member. The FBI does not need to re- States—in Pennsylvania and in Utah. ment to the Supreme Court of the peat questions that have already been So I take these matters very seriously. United States. I reached this conclu- asked and answered, particularly when I believe in the Federal courts. I think sion before Dr. Ford’s allegations were a person has already said she shared they do a terrific job in this country. I made based on his court opinions and everything she can remember. have nothing but admiration for them. White House record. That conclusion Judge Kavanaugh, likewise, testified There are very few exceptions. And I was reenforced by Judge Kavanaugh’s publicly at the hearing. He also spent think it is just a terrible, ridiculous testimony in response to Dr. Ford’s several hours answering questions from problem that has arisen here because powerful and compelling testimony, committee investigators under penalty people are playing politics with this raising very serious issues concerning of felony on several different occasions. judge and this judgeship. Judge Kavanaugh’s conduct. He has been thoroughly interrogated I am sorry that Judge Kavanaugh has Judge Kavanaugh’s response dem- under oath in public and in private had to go through this ordeal. He did onstrated his lack of impartiality and about these allegations. not deserve this. He is a good man. He temperament, which is a critical quali- Some of my Senate Judiciary Com- spent decades building a reputation of fication to serve as a judge. That view mittee colleagues made the unfortu- decency and fairness. His opponents was reenforced by a letter written by nate choice last night to smear Judge have attempted to destroy it with 3 over 1,000 law professors and legal Kavanaugh with yet another piece of weeks of smut and unsubstantiated al- scholars reaching the same conclusion innuendo. Eight members of the com- legations. It makes me sick to see this I had drawn. mittee sent a letter in which they in- type of stuff. It certainly does when I was very disappointed by the proc- correctly implied that the six previous some of my colleagues buy into it, ess on Judge Kavanaugh’s nomination background checks on Judge which they shouldn’t. They should not. that was dictated by the Republican Kavanaugh contained information con- I know Brett Kavanaugh. I know him leadership. For Senator MCCONNELL, 10 cerning sexual improprieties or alcohol well. He is a man of great resilience months was inadequate time for the abuse. In so doing, they took advan- and firm conviction. He is going to be Senate to consider President Obama’s tage of rules that protect the confiden- a great Justice—perhaps one of the choice of Judge Merrick Garland to the tiality of witnesses to score cheap po- greatest we have ever had. He will Supreme Court of the United States. litical points. bring to the Supreme Court the integ- Yet Senator MCCONNELL had no dif- Although we should all be disquieted rity, honor, and intellectual rigor he ficulty in rushing the consideration of by my colleagues’ unscrupulous con- has demonstrated throughout his en- Judge Kavanaugh through the Senate duct, the American people can rest as- tire career. And soon enough, he will in a fraction of that time. sured that no such information exists. have rebuilt his reputation. He will The Republican leadership refused to If it did, Democrats would have raised earn the respect of his colleagues and demand a complete discovery of rel- it before now. Of that, we can certainly the American people through his evant documents concerning Judge be certain. Indeed, after weeks of non- writings and his decisions—of that, I Kavanaugh. I served on the Judiciary stop mudslinging and attempted char- have no doubt. Committee during the consideration of

VerDate Sep 11 2014 01:01 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.012 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6515 Justices Sotomayor and Kagan when a conflict of interest on the ongoing in- growing number of convictions and the Republicans’ request for complete vestigations of the Russian inter- guilty pleas obtained by Mr. Mueller. discovery was honored and welcomed ference in the 2016 Presidential elec- He has explored whether he has the by the Democrats. Such was not the tions as the Supreme Court could be power to pardon himself, family mem- case in regard to the Republicans hon- asked to rule on whether Special Coun- bers, and associates. The future status oring reasonable requests for informa- sel Robert Mueller has the right to sub- of Rod Rosenstein, the Deputy Attor- tion concerning Judge Kavanaugh. poena the President to testify. In his ney General who supervises the special To make matters worse, the chair- confirmation hearing, Judge counsel investigation, is in jeopardy as man of the Judiciary Committee inap- Kavanaugh refused to say whether he President Trump has made it known he propriately and unilaterally classified would recuse himself from this case would like Mr. Rosenstein to go. certain documents as confidential, pre- should it reach the Court. We need a Supreme Court Justice venting their public use during the I hope the Supreme Court would in- who can stand up to the President, confirmation process. deed compel President Trump to com- stand up for the rule of law, and stand After Dr. Ford’s allegations became ply with any reasonable subpoena from up for the independence of the Judici- public, the Republican leadership re- the special counsel, citing the prece- ary. Based on his track record, I am fused to allow the FBI to conduct a dent of requiring President Richard not convinced a Justice Kavanaugh proper investigation before scheduling Nixon to surrender tapes and other evi- would do that. a rushed, inadequate, and incomplete dence during the Watergate investiga- While serving on the Court of Ap- hearing without any additional wit- tions. The Supreme Court ultimately peals for the DC Circuit, Judge nesses beyond Dr. Ford and Judge held that the President was not above Kavanaugh considered the constitu- Kavanaugh. The Republican leadership the law. Some comments of Judge tionality of the Affordable Care Act of refused to call before the committee Kavanaugh suggest he believes the 2011. The Court upheld the constitu- eye witnesses to the allegation. Nixon case was wrongly decided. tionality of the Affordable Care Act by Prior to the first hearing and before There are also concerns that a Jus- a 3-to-0 vote, and Judge Kavanaugh I reached a conclusion on the nomina- tice Kavanaugh would defer criminal wrote a concurring opinion. His con- tion, I had requested an opportunity to investigations and prosecutions of a curring opinion has been described as meet one-on-one with Judge President’s misconduct until after the roadmap challenging the constitu- Kavanaugh, which is the Senate tradi- President Trump leaves office. Iron- tionality of the Affordable Care Act. tion on Supreme Court nominees. That ically, his views on Presidential power In his opinion, Judge Kavanaugh ar- request was denied by the White House. have changed since he worked for Inde- gued it was premature to hear the case I cannot support Judge Kavanaugh pendent Counsel Kenneth Starr on the before the individual mandate had because of his judicial record, his par- Whitewater investigation of President taken effect. Judge Kavanaugh laid out tisan leanings, and lack of impartiality Bill Clinton. Indeed, Judge Kavanaugh the legal justifications for President and judicial temperament. wrote that a sitting President should Trump not enforcing the individual I am concerned Judge Kavanaugh is have ‘‘absolute discretion’’ to deter- mandate and for a judicial challenge to inclined to turn back the clock on civil mine whether and when to appoint or the constitutionality for the Affordable rights and civil liberties, voting rights, remove a special counsel. Care Act. reproductive choice, equality, the Af- It is clear Judge Kavanaugh holds a A Justice Kavanaugh would raise sig- fordable Care Act, workers’ rights, troubling record when it comes to nificant concerns as to how he would clean air and clean water, and protec- Presidential power. In the case of rule on the protections of the Afford- tion of abuses from corporate and po- Seven-Sky v. Holder, pertaining to our able Care Act against insurance compa- litical power, including the President country’s healthcare system, Judge nies discriminating on preexisting con- of the United States. Kavanaugh’s opinion implied that he ditions, which could affect millions of Our Constitution created the Su- believes the President does not have to Americans. preme Court as an independent check enforce laws if the President deems a In June of this year, President and balance against both the executive statute to be unconstitutional, regard- Trump’s Department of Justice broke and legislative branches of govern- less of whether a court has already with longstanding Department prece- ment. It should not be a rubberstamp held it constitutional. dent and cited it would no longer de- for Presidential efforts to undermine Judge Kavanaugh was asked in 2016 if fend the Affordable Care Act. In a brief the rule of law or independence of the he could overturn precedent in any one filed by the Trump administration in Judiciary, self-pardon, or derail Spe- case, and he said he would ‘‘put the Texas v. United States, the administra- cial Counsel Mueller’s investigation final nail’’ in Morrison v. Olson, which tion joined with 20 Republican-led into Russia’s interference in our 2016 upheld the constitutionality of the States to argue that the Affordable elections. independent counsel statute. It appears Care Act protections for people with The next Justice of the Supreme Judge Kavanaugh believes the Presi- preexisting conditions should be invali- Court should not be predisposed to rich dent is above the law and the only rem- dated. In their court filing, the admin- corporations at the expense of con- edy for Presidential misconduct in of- istration argued that when the Repub- sumers or hollow out protections for fice is impeachment by Congress, as lican tax bill eliminated the individual Americans against abuse of power as suggested in some of his writings in mandate, the taxless individual man- Judge Kavanaugh’s record as appellate 2009. He wrote we ‘‘should not burden a date became unconstitutional and judge reveals. sitting President with civil suits, therefore the law’s protections for Judge Kavanaugh has advanced legal criminal investigations, or criminal those with preexisting conditions, in- theories as part of an activist agenda prosecutions’’ and that the ‘‘country cluding guaranteed issue and commu- to overturn longstanding precedent to loses when the President’s focus is dis- nity rating, should be unenforceable. diminish the power of Federal agencies tracted by burdens of civil litigation or In 2017, Health and Human Services to help people, and he has dem- criminal investigation and possible released a report stating that as many onstrated an expansive view of Presi- prosecution.’’ as 133 million nonelderly Americans dential power that includes his belief No one is above the law, including have a preexisting condition. Every one that Presidents should not be subject the President of the United States. We of them would be at risk if this protec- to civil suits or criminal actions. know President Trump has deep dis- tion is held to be invalid by the Su- Let me turn to some specific policies regard for the rule of law. He con- preme Court. The Maryland Health in Judge Kavanaugh’s record that con- stantly criticizes his own Justice De- Benefit Exchange estimates that in cerns me should he become Justice partment, including urging the Justice Maryland, there are approximately 2.5 Kavanaugh. To point out what I just Department to prosecute or not pros- million nonelderly Marylanders with said, I look at the opinions and ecute certain individuals. He has criti- preexisting conditions, including writings he has done. cized the special counsel investigation 320,000 children all at risk. There are concerns Judge into Russia interference in our election In addition to Texas v. United States, Kavanaugh’s nomination could present as a ‘‘witch hunt,’’ notwithstanding the there are dozens of healthcare cases

VerDate Sep 11 2014 23:36 Oct 04, 2018 Jkt 089060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.013 S04OCPT1 S6516 CONGRESSIONAL RECORD — SENATE October 4, 2018 pending in the lower courts which are costs and benefits of environmental oxide emissions by 73 percent and ni- likely to be appealed to the Supreme protection. Judge Kavanaugh has not trogen oxide emissions by 54 percent. Court in the upcoming terms. The out- shown such concern for balancing val- The Supreme Court later ruled in favor comes of these cases of the Supreme ues and interests. of the EPA and overruled Judge Court will directly impact access to The Clean Air Act, which dramati- Kavanaugh’s opinion. Nitrogen oxides healthcare for millions of American cally reduced these toxins after its pas- account for two-thirds of the airborne families, including the most vulnerable sage in 1970, has prevented over 400,000 nitrogen that ends up in the Chesa- in our society. premature deaths, 1 million bronchitis peake Bay. In each of these cases, there is a cases, 2 million asthma attacks, and In the case of the Coalition for Re- question about whether the Affordable over 40 million children’s respiratory sponsible Regulation v. EPA, Judge Care Act creates rights that individ- illnesses. Judge Kavanaugh heard sev- Kavanaugh dissented from a decision uals can enforce in courts. These cases eral major cases about the EPA’s au- not to rehear a case which had found deal with critical issues, such as the thority under the Clean Air Act. In that the EPA had the ability to regu- scope of healthcare coverage for nurs- each of these cases, he opposed the late emissions in order to slow climate ing mothers, false advertising by Agency’s position. These protections change. health insurance companies, and should be strengthened, not eroded. In the case of White Stallion Energy whether employers are required to pro- As a lifelong Marylander and as a Center v. EPA, in a dissent, Judge vide healthcare coverage to their em- senior member of the Environment and Kavanaugh insisted that the EPA must ployees. Public Works Committee, I have take costs to business into account Given Judge Kavanaugh’s stated hos- prioritized the protection of the Chesa- when judging regulation, attempting to tility to the Affordable Care Act, I fear peake Bay; thus, I have worked to de- argue that instead of determining what that a Justice Kavanaugh would fur- fend the EPA’s clean water rule, which is best for public health, the EPA ther restrict access to healthcare for has come under attack by Republican should determine what is the least many Americans, particularly in re- legislators and opponents in this ad- costly to business. gard to women’s healthcare, including ministration. There are 67 percent of In Clean Air Council v. Pruitt, Judge birth control. Marylanders who get their drinking Kavanaugh dissented to a DC Circuit In Planned Parenthood v. Casey, the water from sources that rely on small determination that the EPA was un- Supreme Court firmly established that streams that are protected under the reasonably delaying the implementa- the constitutional right to privacy pro- Clean Water Act. tion of a 2016 rule that curbed fossil tects women ‘‘from unduly burdensome Partisan and shortsighted threats fuel emissions of methane, smog-form- interference with her freedom to decide put our environment, economy, and ing volatile organic compounds, and whether to terminate her pregnancy.’’ public health in danger. If these at- toxic air pollutants. This standard, known as the ‘‘undue tacks prove successful, protecting our In Mexichem Fluor, Inc. v. EPA, burden’’ standard, prohibits govern- citizens from the danger of water pollu- Judge Kavanaugh sided with producers ment action that ‘‘has the purpose or tion will become far more difficult. of hydrofluorocarbons, saying the EPA effect of placing a substantial obstacle So we are left with even more uncer- had no authority to regulate them. in the path of a woman seeking an tainty with Judge Kavanaugh’s nomi- In Mingo Logan Coal Co. v. EPA, abortion on a nonviable fetus.’’ nation. Would he support the clean Judge Kavanaugh dissented again and Judge Kavanaugh wrote in the dis- water rule, which would protect the argued that the EPA must weigh the sent in Garza v. Hargan in 2017, sup- drinking water sources of 100 million cost to business of revoking Clean porting the Trump administration’s Americans by making sure they are Water Act permits. ongoing efforts to prohibit a pregnant regulated under the Clean Water Act? In each of these cases, Judge immigrant teenager in government We can all agree that few responsibil- Kavanaugh sided with corporate inter- custody from exercising her constitu- ities of our government are more fun- ests over public health. There is a clear tional right to make her own damental than clean, safe water, but I record here. healthcare decisions. Judge Kavanaugh My concerns about Judge Kavanaugh pays lip service to the undue burden am not certain that Judge Kavanaugh also include his lack of sensitivity to standard articulated in Casey. He would defend this duty on the Supreme the protections of civil rights. shuns longstanding precedent and Court. As a member of the DC Circuit Court, In the case of South Carolina v. Hold- chooses instead to impose his own Judge Kavanaugh has ruled in a num- er, Judge Kavanaugh ruled that South moral standards on Jane Doe. In a heated dissent in Priests for Life ber of high-profile cases to limit the Carolina’s voter ID law was not dis- v. HHS, Judge Kavanaugh argued that EPA’s protection on issues like climate criminatory and did not violate the the Affordable Care Act’s existing ac- change and air pollution and against Voting Rights Act. South Carolina commodations for religious employers Maryland’s interests as a coastal, residents are required to use driver’s li- that wanted an exception from the con- downwind State. He has consistently censes, passports, military IDs, or traception coverage policy still placed voted against environmental regula- voter registration cards to vote. Judge a substantial burden on the employers’ tions and often in favor of corporate in- Kavanaugh disregards section 5 of the beliefs. Multiple cases referring wom- terests. Judge Kavanaugh’s environ- Voting Rights Act and impedes on the en’s access to birth control are work- mental jurisprudence is rife with dou- voting rights of minorities who are im- ing their way through the courts. A ble standards, as he has frequently at- pacted by South Carolina’s voting Justice Kavanaugh could become a de- tempted to insert cost considerations laws. We all know how difficult it is in cisive vote on the Supreme Court lim- into environmental regulations where minority communities when you have iting access to reproductive care. none exist in statute. these ID laws. We know how difficult it Maryland is home to many rivers Furthermore, he places a very low is for older people to get to places to which are part of the vast Chesapeake burden of proof on businesses claiming get their identification. This sends a Bay watershed. The land and water- injury from regulation, while at the dangerous signal about Judge ways that supply our drinking water, same time asserting a much higher Kavanaugh’s views on voting rights support our native ecosystems, and standard of proof for citizens arguing and racial justice in America. contribute to our tourism and local that pollution is sufficiently harmful Judge Kavanaugh’s ideological bias economies are all at stake. to warrant regulation. The following can also be seen in his rulings in em- Whether allowing more toxins in our cases involving Judge Kavanaugh docu- ployment discrimination cases, in air or more nuclear waste in our back- ment his support of powerful interests which he has dissented and voted to yards, Judge Kavanaugh has prioritized over public interests in the areas of dismiss claims that a majority of his corporate America over the health of public health and the environment. DC Circuit colleagues have found to be American citizens and our environ- In EME Homer City Generation, LP meritorious. ment. v. EPA, Judge Kavanaugh wrote an In Howard v. Office of the Chief Ad- Justice Kennedy understood the val- opinion overturning an EPA rule de- ministrative Officer of the U.S. House ues of Americans when weighing the signed to lower smog-forming sulfur di- of Representatives, Judge Kavanaugh

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.014 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6517 dissented from a majority decision tions of Federal employment discrimi- in the 2008 case of District of Columbia which held that under the Congres- nation laws or limit their ability to en- v. Heller that the Second Amendment sional Accountability Act, an African- force such rights. protects an individual’s right to bear American woman fired from her posi- Judge Kavanaugh has a pattern of arms, Washington, DC, passed laws tion as House of Representatives dep- ruling against workers and employees that prohibited assault weapons and uty budget director could pursue her in other types of workplace cases as high-capacity magazines and that re- claim of racial discrimination and re- well, such as workplace safety, worker quired certain firearms to be reg- taliation in Federal court, giving her a privacy, and union disputes. Let me istered. We know the Heller decision, right of action. cite a few examples. and we know the importance of the Judge Kavanaugh dissented from In SeaWorld of Florida, LLC v. Perez, Heller decision’s extending individual that. He argued that the speech and de- Judge Kavanaugh once again dissented rights under the Second Amendment. bate clause of the Constitution prohib- from a majority opinion upholding a Yet, after the District passed a law in- ited the employee from moving forward safety citation against SeaWorld fol- volving assault weapons and high-ca- with her claims, and he would have dis- lowing the death of a trainer who was pacity magazines, the same plaintiff, missed the case. His interpretation of working with a killer whale that had Richard Heller, argued that the new this constitutional provision would bar killed three trainers previously. While gun laws violated the Second Amend- workers in congressional offices and the majority deferred to the Occupa- ment. throughout the legislative branch from tional Safety and Health Review Com- In the 2011 case of Heller v. District pursuing most of their discrimination mission’s finding that SeaWorld had in- of Columbia, a panel of three Repub- claims in Federal court, including sufficiently limited the trainers’ phys- lican-appointed judges ruled 2 to 1 that many sexual harassment, discrimina- ical contact with the whales, Judge DC’s ban on assault weapons and high- tion, and retaliation claims, only leav- Kavanaugh strongly disagreed and capacity magazines was constitutional. ing available an inadequate and secret questioned the role of government in It happened to be three Republican-ap- remedy. determining the appropriate levels of pointed judges. The ruling was 2 to 1. In Miller v. Clinton, the majority risk for workers. You guessed it—Judge Kavanaugh was held that the State Department vio- In National Labor Relations Board v. the dissenter and would have held that lated the Age Discrimination in Em- CNN America, Inc., Judge Kavanaugh the ban on assault weapons was uncon- ployment Act when it imposed a man- dissented in part from Chief Judge Gar- stitutional. He wrote in that opinion datory retirement age and fired an em- land’s majority opinion upholding a that there was no difference between ployee when he turned 65. The State National Labor Relations Board’s order handguns and assault weapons in that Department argued that it was exempt that CNN recognize and bargain with a regard. I find that very troubling if he from the statute in light of a separate worker’s union and finding that CNN does not see the difference between a Federal law that permits U.S. citizens violated the National Labor Relations handgun and an assault weapon. who are employed abroad to be ex- Act by discriminating against union A Justice Kavanaugh would worsen cepted from U.S. anti-discrimination members in hiring. Judge Kavanaugh the problems caused by the Supreme laws. dissented from the finding that CNN Court’s decision in Citizens United, The majority disagreed and held that was a successor employer, and his posi- which gave corporate speech First there was nothing in the Basic Au- tion would have completely absolved Amendment protection, increasing the thorities Act that abrogates the broad CNN of any liability for failing to abide flow of money into our elections. His proscription against personnel actions by the collective bargaining agree- record indicates he would continue that discriminate on the basis of age ment. opening the floodgates of dark and se- and that the necessary consequences of In National Federation of Federal cret money into our political system. the Department’s position is that it is Employees v. Vilsack, Judge We have enough money already in the also free from any statutory bar Kavanaugh dissented from the DC Cir- system, and we don’t need more. A Jus- against terminating an employee like cuit majority’s ruling that invalidated tice Kavanaugh, to me, would mean an Miller solely on account of his dis- a random drug testing program for U.S. open season on more special interest ability or race or religion or sex. Judge Forest Service employees at Job Corps money getting into our election sys- Kavanaugh dissented, arguing that the Civilian Conservation Centers. The ma- tem. Basic Authorities Act overrides exist- jority, which included another Repub- In the case of EMILY’s List v. Fed- ing anti-discrimination laws. His will- lican-appointed judge, observed that eral Election Commission, Judge ingness to embrace such a broad ex- there was no evidence of any difficulty Kavanaugh wrote the opinion for a con- emption from anti-discrimination laws maintaining a zero-tolerance drug pol- servative three-judge panel that struck is troubling. icy during the 14 years before the ran- down FEC rules that were developed to Once again, we see a pattern in Judge dom drug testing policy was adopted address the influx of spending by out- Kavanaugh’s rulings, favoring the pow- and that the primary administrator of side groups and paved the way for the erful over individual rights. the Job Corps, the Department of creation of super PACs. In Rattigan v. Holder, Judge Labor, had no such policy. That didn’t Judge Kavanaugh has been critical of Kavanaugh dissented from a majority affect Judge Kavanaugh—he dissented the Chevron deference. Under Chevron, decision which ruled that an African- and would have restricted employees’ which is named for a 1984 Supreme American FBI agent could pursue a privacy rights. Court opinion, courts defer to reason- case of improper retaliation for filing a In American Federation of Govern- able agency interpretations when Con- discrimination claim, where the agen- ment Employees, AFL–CIO v. Gates, gress has been silent or ambiguous on cy started a security investigation Judge Kavanaugh authored the major- an issue. against him, as long as he did so with- ity opinion that reversed the lower In a 2017 speech at Notre Dame that out questioning unreviewable decisions court’s partial blocking of Department honored Justice Scalia, Judge by the FBI’s Security Division. He of Defense regulations, which had Kavanaugh said: ‘‘The Chevron doc- stated that the entire claim must be found that many of the Pentagon’s reg- trine encourages agency aggressiveness dismissed despite the majority’s warn- ulations would ‘‘entirely eviscerate on a large scale. Under the guise of am- ing that this was not required by prece- collective bargaining.’’ Judge biguity, agencies can stretch the mean- dent and that the courts should pre- Kavanaugh disagreed. Judge Tatel dis- ing of statutes enacted by Congress to serve ‘‘to the maximum extent possible sented in part, noting that Judge accommodate their preferred policy Title VII’s important protections Kavanaugh’s majority opinion would outcomes. I saw this firsthand when I against workplace discrimination and allow the Secretary of Defense to worked in the White House, and I see it retaliation.’’ Judge Kavanaugh was in ‘‘abolish collective bargaining alto- now as a judge.’’ the minority on that opinion. gether—a position with which even the Judge Kavanaugh’s proposed solu- Judge Kavanaugh’s dissents in these Secretary disagrees.’’ tions to Chevron is to simply deter- cases embrace positions that carve out In Heller v. District of Columbia, mine the best reading of the statutes, Federal employees from the protec- after the Supreme Court decided 5 to 4 and courts would no longer defer to

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.015 S04OCPT1 S6518 CONGRESSIONAL RECORD — SENATE October 4, 2018 agencies’ interpretations of statutes. law. He has refused to condemn Presi- Trump White House and Senate Repub- Such an interpretation would put envi- dent Trump’s attack on Justice Gins- licans to protect their nominee instead ronmental, public health, and con- burg or Judge Curiel due to his Mexi- of protecting the American people or— sumer protection interests at great can heritage. I recall by contrast, when I might say—to protect the Supreme risk. we had Judge Gorsuch before us with Court. They have been driven by the Judge Kavanaugh would have struck his confirmation hearings, he said that impulse to rush and to conceal. down the Consumer Financial Protec- ‘‘when anyone criticizes the honesty or I want to commend my friends Sen- tion Bureau as unconstitutional when integrity, the motives of a Federal ator JEFF FLAKE and Senator CHRIS he wrote the majority opinion in a judge, well, I find that disheartening, I COONS for working together in good panel decision. An en banc panel of the find that demoralizing, because I know faith to demand more from this proc- DC Circuit ultimately vacated that and the truth.’’ Judge Kavanaugh wouldn’t ess. An investigation into the serious remanded Judge Kavanaugh’s decision, even go that far. allegations of sexual misconduct by upholding the constitutionality of the Judge Kavanaugh refused to com- Judge Kavanaugh is the first step, but Dodd-Frank reforms, including the ment on President Trump’s repeated it should have happened weeks ago. Consumer Financial Protection Bu- attempts to politicize criminal pros- Until now, such investigations have reau. ecutions at the Department of Justice. been routine any time new, derogatory That is what is at risk with a Justice His testimony following Dr. Ford’s information surfaces about a nominee. Kavanaugh—that type of decision-mak- testimony is particularly troubling. Unfortunately, the investigation com- ing that hinders consumer protection, His tirade against members of the Ju- pleted over the last few days falls short public health, and environmental diciary Committee, his partisan at- of any reasonable standard. I think it issues. tacks, and his conspiracy theories re- fell short by design. The purpose of the Chevron doctrine veal real concerns to me about his im- We have already heard about many of is to allow government agencies to partiality and judicial temperament its deficiencies from Dr. Ford, Ms. Ra- carry out congressional intent, as our and whether he would be a partisan on mirez, and numerous other witness who agencies are carrying out and inter- the Court. The American people want attempted unsuccessfully—attempted preting increasingly complex statutes. an independent voice on the Supreme unsuccessfully—to share relevant in- Judicial review of such interpretations Court to protect their individual rights formation with the FBI. is governed by a two-step framework against those in power, be it the Presi- The Senate Republican leadership that was included in the Chevron case. dent or powerful corporate interests. and the Trump White House did every- The Chevron framework of review Under our Constitution, the courts thing in their power to assure that this usually applies if Congress has given an must act as an independent branch of investigation was not a search for agency the general authority to make government and as a check and balance truth but rather a search for cover. rules with the force of law. If Chevron against the abuse of power. The Su- A search for truth would have al- applies, a court asks at step one wheth- preme Court is the guardian of Amer- lowed the FBI to interview Dr. Ford’s er Congress directly addressed the pre- ica’s constitutional rights against the husband and her therapist, both of cise issue before the court, using tradi- powerful. After reviewing Judge whom have stated that Dr. Ford men- tional tools of statutory construction. Kavanaugh’s record, I believe he is not tioned Kavanaugh as her assaulter If the statute is clear on its face, the the right choice to safeguard these fun- years ago. court must effectuate congressional in- damental principles. I will vote no on A search for the truth would have al- tent. However, if the court concludes his confirmation to the Supreme Court. lowed the FBI to interview numerous I suggest the absence of a quorum. high school and college classmates who instead that the statute is silent or The PRESIDING OFFICER. The have come forward saying they could ambiguous with respect to the specific clerk will call the roll. issue, the court proceeds to Chevron’s The senior assistant legislative clerk provide information about Judge step two. proceeded to call the roll. Kavanaugh’s conduct during those At step two, courts defer to the agen- Mr. LEAHY. Mr. President, I ask years that was consistent with the al- cy’s reasonable interpretation of the unanimous consent that the order for legations and which contradict Judge statute. This is just common sense. the quorum call be rescinded. Kavanaugh’s sworn testimony. Even the late conservative Justice The PRESIDING OFFICER. Without A search for the truth would have al- Antonin Scalia defended the Chevron objection, it is so ordered. lowed the FBI to interview a man who doctrine as an important rule-of-law Mr. LEAHY. Mr. President, it is ex- wrote a sworn statement asserting that principle. traordinary where we find ourselves he could help corroborate Ms. Rami- As the Leadership Conference on today. We are on the verge of a cloture rez’s allegations or two women who Civil and Human Rights has stated, vote and possibly a confirmation vote contacted authorities with evidence Federal agencies issue regulations ad- for Judge Kavanaugh to join the Su- that Judge Kavanaugh tried to head off dressing a wide array of civil and preme Court. At the same time, we Ms. Ramirez’s story before it became human rights issues, including environ- have credible allegations of sexual as- public. That was an apparent con- mental protection, immigration policy, sault against a nominee, and they are tradiction—a total contradiction—with healthcare protection, education laws, not just lingering; they are developing. his testimony before the Judiciary workplace safety, and consumer pro- The FBI investigation that we hoped Committee. In fact, a search for the tections. A Justice Kavanaugh will put would be full and fair has turned out to truth would have allowed the FBI to at all of these protections at risk. be neither after the Trump White least speak with Julia Swetnick, a Judge Kavanaugh’s performance at House and Senate Republicans appear third accuser. A search for the truth his hearing and his answers to ques- to have successfully imposed so many would have allowed the FBI to speak tions for the record did not provide me restrictions as to render it almost with Mark Judge’s ex-girlfriend, who any additional comfort about his nomi- meaningless. recalled that Mr. Judge told her nation. Indeed, Judge Kavanaugh’s tes- I am afraid that from the very begin- ‘‘ashamedly’’ about a sexual incident timony, judicial record, and legal ca- ning of this nomination, the vetting of that eerily mirrors both Dr. Ford’s and reer reveal a disturbing pattern. Judge Kavanaugh has never been a gen- Ms. Swetnick’s allegations. I believe he would be a Justice with uine effort to discover the truth. In- There is no mistake here: This inves- an activist, conservative agenda who stead, at every turn, it has been a tigation was rigged by the White House could disregard precedent to reach a transparent and partisan attempt to and Senate Republicans. desired outcome. A Justice Kavanaugh keep the American people in the dark Instead of calling on the FBI to take could serve as a rubberstamp for the about the vulnerabilities of a con- these basic investigatory steps, worst successes of the Trump adminis- troversial nominee who, if he is con- inexplicably, the Republican-controlled tration. firmed, is going to shape our lives for a Judiciary Committee has solely tried Judge Kavanaugh had several oppor- generation. to discredit these women. The com- tunities to stand up for the independ- From start to finish, at every step, mittee released a statement from a ence of the judiciary and the rule of this has been a unilateral effort by the former acquaintance of Ms. Swetnick’s.

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.016 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6519 This individual had no knowledge of take Judge Kavanaugh at his word. On and folks who may be watching some- the alleged incident but instead sala- issues big and small, anytime Judge thing else that was happening during ciously described the alleged sexual in- Kavanaugh has been faced with ques- this entire hearing that I did not ex- terests of Ms. Swetnick’s. According to tions that would place him in the mid- pect. It was powerful and unique and the National Task Force to End Sexual dle of controversy, he has shown he special in my experience as a public and Domestic Violence—one of the cannot be trusted to tell the truth. servant, and I have heard, as I have lis- most nonpartisan and respected voices Every single time he has testified be- tened to other Senators of both parties on Capitol Hill—this shameless at- fore the Senate over the years, he has who were present and with whom I tempt to smear a victim violates the misled and dissembled. He misled the talked to afterward, it was their expe- intent of the rape shield law. And to Senate about his role in a hacking rience as well: add to it, Ms. Swetnick was never even scandal, in confirming controversial This conversation is bigger. It is big- interviewed by the FBI. She was ig- judicial nominees, and in shaping the ger, it is pressing, and, I would say, it nored. She was silenced. Then she was legal justifications for some of the is more important than the question of shamed. It is outrageous, the way she Bush administration’s most extreme one Supreme Court seat and one cur- was treated. and now discredited policies. rent nominee. It is a question that we, Republicans have also claimed that His appearance before us last week as a country at the highest levels of the other individuals Dr. Ford identi- was no different. He gave testimony power, believe victims and survivors of fied at the gathering where she was as- that veered into a tirade. He angrily sexual assault and are willing to listen saulted have ‘‘refuted’’ her testimony. dismissed Dr. Ford’s testimony as part to them, to believe them, and to take Well, that is just false. These individ- of a smear campaign to ruin his name action. uals stated publicly that they do not and sink his nomination. His conspira- So what was it that happened last recall the event. As Dr. Ford told the torial ramblings—attributing the alle- Thursday? As I tried to pay attention Judiciary Committee, that is not sur- gations to ‘‘revenge on behalf of the to the remarkable testimony of Dr. prising, as ‘‘it was a very Clintons’’—were an insult to Dr. Ford, Ford, my phone was blowing up. I got unremarkable party . . . because noth- and they are an insult to survivors of texts, I got instant messages, I got ing remarkable happened to them that sexual violence across the country. He phone calls, I got emails, I got evening.’’ Yet one of these individuals evaded—as he always has when under Facebook posts—I got messages in has said publicly that she believes Dr. oath—basic factual questions, choosing more ways that you can connect with Ford. instead to show his disdain for mem- me than I knew was possible. These After reviewing the FBI’s report this bers of the committee who had the au- were stories—powerful stories—stories morning, within minutes, Republican dacity to ask him about his behavior that friends of mine, people I have Senators claimed there is a lack of cor- during the time of the allegations. known for years or decades, people I roborating evidence for any of these al- In my 44 years in the Senate, I have barely know or people I hope to get to legations. Despite the numerous re- voted for more Republican-appointed meet. They were sharing with me sto- strictions they placed on this inves- judges than almost all serving Repub- ries of assault. They were told by class- tigation, that claim is simply not true. lican Senators. That includes voting But a predicate fact for developing mates, neighbors, friends, constituents, for Chief Justice Roberts. But I have people who had carried these burdens thorough corroborating evidence is a never seen such a partisan performance thorough investigation. That is basic. alone for years. by a nominee of either party to the Su- These stories are difficult to hear, And this investigation false far short. preme Court or any other court. I have but it is important that they be heard. It is a disservice to Dr. Ford, Ms. Ra- never seen a nominee so casually will- It is important to understanding why mirez, and Ms. Swetnick. I would go ing to evade and deny the truth in the survivors stay silent, and it is impor- further to say that it is a disservice to service of his own raw ambition. tant to understanding why we, as a survivors anywhere in this country. If truth under oath means anything body and a nation, must get this mo- Dr. Ford’s credible and compelling at all, Judge Kavanaugh has disquali- ment right. They are important to un- testimony captivated the Nation and fied himself over and over and over derstanding why the President and oth- inspired survivors of sexual violence again. He has neither the veracity nor ers are wrong when they say that if a across the country. In a moment that I the temperament for a lifetime ap- victim’s allegations are true, she would will never forget, when I asked her for pointment to the highest Court in our have filed a report or come forward her strongest memory, something from Nation. The truth has an odd way of decades ago. the incident she couldn’t forget, she re- coming out, one way or another. To plied: ‘‘Indelible in the hippocampus is In response to the question, why avoid risking permanent damage to the didn’t Dr. Christine Blasey Ford come the laughter, the uproarious laughter integrity and legitimacy of our Na- forward earlier, I have just this experi- between the two’’ as a teenage Brett tion’s highest Court, I urge Senators to ence to share. The texts and emails, Kavanaugh drunkenly pinned Dr. Ford join me in voting no on Judge the conversations in person and over down to the bed and attempted to sexu- Kavanaugh’s nomination. the phone, with friends I have known ally assault her. I believe what she Mr. President, I do not see anyone for so long and friends I have just met, said. else seeking the floor, so I will suggest make it powerfully clear to me that The reason that a thorough, inde- the absence of a quorum. pendent investigation is so critical is The PRESIDING OFFICER (Mr. CAS- the many ways in which assault and not because we need additional proof SIDY). The clerk will call the roll. violation happens in our country be- that Judge Kavanaugh was not telling The legislative clerk proceeded to tween people have as many different the truth about his high school drink- call the roll. reasons why they hide them, carry ing or the obvious misogyny in his Mr. COONS. Mr. President, I ask them, and keep them in darkness and yearbook or whether he is ‘‘Bart unanimous consent that the order for quiet and in shame, and each one of O’Kavanaugh’’ who passed out from the quorum call be rescinded. those stories reminds me even more drunkenness. All of us here know he The PRESIDING OFFICER. Without powerfully the reasons we must—we wasn’t telling the truth in his testi- objection, it is so ordered. must—demonstrate that they are mony about that. The reason we need- Mr. COONS. Mr. President, it was a heard. ed a thorough investigation is that week ago today that Members of the One friend from Delaware, a cancer these women have offered credible ac- Senate Judiciary Committee, on which survivor—someone I have spoken about cusations, and they have identified po- I serve, were riveted by the compelling on this floor before because of her sur- tential corroborating witnesses and and powerful testimony of Dr. Chris- vival of a nearly life-ending cancer— evidence, and the Senate needs to know tine Blasey Ford. It was a week ago confided in me she was terrorized and all of the facts before it can place the today that Judge Brett Kavanaugh de- raped as a small child. Living with the accused on the Nation’s highest Court livered his forceful rejoinder and rebut- effects of that experience, she said, has for a lifetime appointment. tal. been way harder than cancer. She said A thorough investigation is essential Today I want to take a moment and to me early childhood trauma can be for another reason: We simply cannot share with Members of this Chamber murky and difficult to describe and

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.018 S04OCPT1 S6520 CONGRESSIONAL RECORD — SENATE October 4, 2018 doesn’t lend itself easily to a court- and pain in the midst of a social set- ized. There are many more things we room narrative understanding. She is ting is both wonderful, in that they are can and should do to work to combat right. trusting with a story they have held on sexual abuse and sexual assault and to A male friend, someone I know from to for so long, and terrible, in that it is help prevent and heal. high school, shared with me an experi- a reminder of the ways in which we What I most want to say today, to ence he had during a spring break trip. speak to each other of surviving as- my friends and acquaintances, to my He shared how, on a biology field trip sault in hushed tones and in dark cor- constituents and my community, to to Mexico, when he sought help from a ners and on the internet and anony- my Nation and the world that may well trip organizer after snorkeling fins mously. be watching this moment in the United blistered his ankles, after admin- Whatever comes out of this week, States, to those whose stories I have istering first aid in the hotel room, he whatever comes out of the proceedings just shared and whose stories I have was assaulted. His comment was he of this floor today, tomorrow, and this just heard, I simply want to say this: was too shocked to call for help and did weekend, we must listen and recognize You have touched my heart deeply. I not tell anyone for over three decades. that hundreds of thousands of Amer- hear you, and I thank you. He is right. She is right. They are not ican women and men have been vic- I yield the floor. alone. tims, are victims, and will be victims, I suggest the absence of a quorum. Today I want to share a few more of sexual assault—and, according to The PRESIDING OFFICER. The stories shared over the last weeks by our Department of Justice, at least clerk will call the roll. brave men and women who are shining two-thirds have never reported it. The assistant bill clerk proceeded to a light on the challenges, the fear, the There is an ocean of pain in this Na- call the roll. shame, and the anger surrounding sex- tion not yet fully heard, not yet appro- Mr. MURPHY. Mr. President, I ask ual assault. This is under the hashtag priately resolved, not yet fully ad- unanimous consent that the order for ‘‘Why I Didn’t Report.’’ I think it helps dressed. Everyone—everyone—everyone the quorum call be rescinded. lend some understanding to the dynam- within earshot of my voice—the women The PRESIDING OFFICER. Without ics of surviving assault. and men in this Chamber, staff, jour- objection, it is so ordered. Under the hashtag ‘‘Why I Didn’t Re- nalists, colleagues, friends, members of Mr. MURPHY. Mr. President, this is port’’: ‘‘I had known him for years,’’ the public, those who think Brett the first time I have come to the floor one victim said. Kavanaugh should be a Supreme Court to speak on the nomination of Brett Why I didn’t report: Justice and those who do not, those Kavanaugh since the events of the last Because he was ‘‘sorry.’’ Because I was who have either themselves been vic- several weeks. I want to say this at the drunk. Because I was young and ashamed timized by assault or know someone, a outset in the most dispassionate way I and felt like I had somehow asked for it even loved one, a family member, a neigh- can: I have come to the conclusion though I had said NO and STOP. . . . Because bor, a classmate, a fellow parishioner, Brett Kavanaugh is perhaps the most even typing this still makes me feel it all a colleague, or a friend—we all—all— dangerous nominee for the Supreme again. have an opportunity here, a moment, Court in my lifetime, and I am going to Another, in response to this hashtag, to make it clear that we welcome and vote no tomorrow when the cloture said: will respect and listen to and act on vote comes before this Senate. Because my counselor said they won’t be- stories that have been and will be Let me be clear. I had decided to vote lieve you because you’re not a pretty girl. shared with us and that we will act. no before his confirmation hearing, be- Another said: If I could make one request, it would fore the allegations of sexual assault I blamed myself. I was humiliated and be that we come out on the other side were levied against him, before his sec- hurt. I thought they were my friends. I felt of these last few weeks with an aware- ond confirmation hearing, before the safe until I wasn’t and then it was too late. ness of those who are in silent, deep, FBI refreshed its background check in- I wanted to wash it away and never think and lonely pain—often right next to us, vestigation. That doesn’t mean I about it again. all around us, in our families, in our wasn’t willing to do my due diligence; Another said: churches, in our workplaces, and in our it is simply that his judicial record, Because I feel ashamed of what happened communities—and that we give them which I became familiar with as he was and didn’t want to publicly ruin someone’s the listening, the understanding, and becoming known as one of the finalists life, even though they privately ruined mine. the embrace to help them heal. for this selection, was enough for me to Because: You know, in today’s hyperpartisan decide he wouldn’t rule fairly on the He was my boyfriend and I was sleeping. He environment, where we are quick to questions before the Court that affect told me he had been accused of this before question motives of others and search the millions of people I represent in and it wasn’t rape because we were dating. for any excuse to discredit, devalue, Connecticut. Another victim posted: and doubt, I also wanted to add one Every year, I take a walk across my My mom did report my 18 year old cousin small but I think important point: State. It takes about 5 days. It is about when I was 9. I had to testify sitting across Every victim who has spoken to me in 120 miles, give or take. It is a chance a table from him. I froze and cried, couldn’t the past week was not looking for any- for me to conduct a weeklong running speak. All charges were dropped. thing. They were not looking for a set- focus group where I get to talk to hun- Earlier this week, at a townhall at tlement. They were not looking for dreds of voters who aren’t plugged into the Delaware City Fire Company, some lawsuit. They were simply look- politics on a daily basis. The people I someone I have known for decades got ing for acknowledgement. They were meet at gas stations and auto body out of her car, came up to me, gave me looking to share something they have shops and folks who are out walking a huge hug, and, weeping, said: I never carried too long alone. They just want- their dog in the morning are part of told my husband, I never told my son, ed to be heard. the 98 percent of Americans who don’t and today I have. In her voice, there Our country is watching. This is a watch Sean Hannity or Anderson Coo- was both heavy emotion and an enor- moment where the Senate as an insti- per or Rachel Maddow. Yet they have mous sense of relief—and, I have to tution and the country as a whole need strong opinions about what is hap- say, for me, a sense of great pain that to show we can and will do better. I pening in this country just like every- I was wishing I could do nothing except hope we will listen—that we will listen body else, and I am glad they share sit and listen, to honor her story, to as we continue to move forward impor- them with me. provide some sense of comfort and sup- tant legislation: the Violence Against For the last 2 years, since President port and recognition. Yet I had to Women Act, which my predecessor, Trump took office, the No. 1 topic peo- move on to the townhall after a few then-Senator Biden, helped champion ple talk to me about during the walk is moments. in a bipartisan way over several Con- healthcare. People in Connecticut are At a dinner here in Washington just gresses; the Victims of Child Abuse scared about what they see as a coordi- last night, someone shared with me an Act, which even now I am working nated effort that is underway in Wash- amazing story of her daughter’s suf- with a bipartisan team to try to get ington to take away their insurance fering. To hear a story of that power through this Chamber to be reauthor- coverage and the protections for people

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.019 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6521 in my State who have preexisting con- Bridgeport, and the suicides all over Here is the thing. The way in which ditions. our State continue unabated. the substance is revealed does not Folks in Connecticut don’t think the Listen, it is not as though everybody change the substance. Yet it may give Affordable Care Act is perfect. They I meet when I am walking across the you reason to be angry about the way want us to work on making it better, State agrees with me on what we in which it was made known. It may but they don’t want us to end it with- should do. When I walk east to west, I make you suspicious of the motiva- out a plan for what is going to come spend half of my time in Eastern Con- tions of the person who did it, but the next. They were glad when the repeal necticut—a part of the State where method doesn’t alter the substance. plan was defeated last year. Now they people still love their guns, and I get The substance is Dr. Ford’s very cred- are worried that President Trump is into lots of spirited arguments about ible account of a sexual assault carried trying to use the courts to get done assault weapons and gun permits. What out against her by somebody who what he couldn’t get done in the peo- there is relative agreement on is that wants to be on the Supreme Court. ple’s branch of government, the legisla- it is our choice on how we should regu- Let me be clear. There is no reason tive branch. late guns. not to believe Dr. Ford. Plenty of Re- Brett Kavanaugh was vetted by two Here is where Judge Kavanaugh’s publicans admitted to this after she conservative political groups whose views get outside of the mainstream. came before the committee. She dis- chief legislative priority is repealing His testimony before the Judiciary closed the incident well before the Affordable Care Act come hell or Committee suggests that he is a Sec- Kavanaugh was nominated. She was high water. The head of one of those ond Amendment radical, believing al- composed, credible, and thoughtful in groups said on television it really most all restrictions on gun ownership her testimony. Why on Earth would she didn’t matter to him which of the are likely unconstitutional. Here is a put herself and her family through this names on the list Trump picked be- for instance: He stated in his testi- horror if not because she is telling the cause they all shared their group’s pri- mony, as long as a weapon is in regular truth? orities. Trump himself told the Amer- commercial use, it can never ever be Though I believed Dr. Ford, you ican public he would never pick a judge banned. That is a recipe for disaster be- frankly don’t even have to be sure she like John Roberts, who voted to uphold cause all you need then is a very short is telling the truth to decide the risk of the major parts of the Affordable Care period of legalization of automatic nominating someone with these kinds Act. weapons, followed by a few years of ro- of serious charges swirling around Kavanaugh, in his judicial writing, bust commercial sales, and then that them is an unnecessary burden for this has been hostile to the Affordable Care gun has permanent constitutional pro- body or the judicial system to bear. If Act. Frankly, I will take the Presi- tection forever. That is absurd, but there is a chance he did these things, dent’s word for it. He picked Brett that is Brett Kavanaugh’s view on the just move on to the next eligible con- Kavanaugh to help him unwind judi- Second Amendment. servative candidate. cially a law he couldn’t unwind legisla- What I am saying is this. I didn’t These charges bother me greatly. tively, and that will have huge con- need the tragic drama of the last few What truly shook me about sequences on folks in my State who weeks to know how I felt about Brett Kavanaugh’s testimony and the speech- need insurance coverage for things like Kavanaugh serving on the Supreme es many of my Republican colleagues cancer, addiction, or mental illness. Court. I was an early ‘‘no’’ vote, and I have delivered on this floor since is the While Kavanaugh hasn’t said a lot don’t apologize for coming to that con- idea proffered by Judge Kavanaugh specifically on the ACA, his views on clusion months ago. Yet that doesn’t that these charges are simply a result choice are pretty well known. As a law- mean I am not entitled to have a of a Clinton-connected liberal con- yer in the Bush White House, strong opinion on what has played out spiracy theory. Let me read for you what he actually Kavanaugh went out of his way to note before the eyes of America during the said last Thursday. that Roe v. Wade isn’t settled law, that month of September, and it doesn’t it would take just five Supreme Court mean I don’t have the right to make When I did at least okay enough at the hearing that it looked like I might actually Justices to get rid of it. the argument here that for those in the get confirmed, a new tactic was needed. As a circuit court judge, he denied Senate who weren’t as sure as I was, Some of you were lying in wait and had it access to an abortion for a young im- what happened in the last 30 days ready. migrant girl, even though she met the should be dispositive on the future of He then went on to allege: legal criteria to receive the procedure. this nomination. The whole 2-week effort has been a cal- He uses rhetoric and terminology that I said at the outset, I thought Brett culated and orchestrated political hit, fueled is right out of the anti-choice dic- Kavanaugh is the most dangerous with apparent pent-up anger about President tionary when talking about reproduc- nominee to the Court in my lifetime. Trump and the 2016 election, fear that had tive healthcare. He talks about abor- That opinion is one I arrived at only been stoked about my judicial record, re- tion on demand. He called birth control after hearing his testimony before the venge on behalf of the Clintons. an abortion-inducing drug. committee last week. Come on. Listen, I am telling you Kavanaugh, no doubt about it, is I think it is really important for Sen- that I don’t like how this information going to vote to overturn Roe v. Wade. ators to understand the Pandora’s box was released to the press. I am not try- Any Senators who have convinced they are opening by voting yes, endors- ing to be a blind partisan here, but to themselves otherwise are living in a ing his performance, his demeanor, and believe and then to publicly claim that fantasy world. what I argue is maybe most important: this is some larger organized effort by The people I represent in Connecticut his bias. Democrats who purposefully held back don’t want the Supreme Court of the Let me say first, I don’t believe any this allegation until the last minute is United States telling them what they Democrat should defend the way in to reveal to America your true polit- can and cannot do with their bodies. which Christine Blasey Ford’s allega- ical bias. The judicial doctrine of privacy comes tions were brought to light. I don’t There was no conspiracy. There was from a Connecticut case, Griswold v. know who leaked the contents of that no orchestrated smear campaign. Lis- Connecticut, brought by a pioneering letter. I think it is fair to guess it was ten, if that was our MO, why didn’t we civil rights lawyer in New Haven. In somebody who didn’t want Brett use it on Neil Gorsuch, when there was my State, we prefer judges to stay out Kavanaugh confirmed. Dr. Ford should even more anger on our side because of our private business. have controlled her story or at least that was the seat that should have Finally, when I am walking across the ranking member of the committee been Merrick Garland’s. Why didn’t we the State of Connecticut, I am talking to whom she entrusted it should have use fake allegations of sexual mis- an awful lot about the issue of gun vio- controlled that story. The timing of its conduct against the President’s Cabi- lence. It is not just the murder of 20 release just sucked. Something that ex- net nominees, who engendered much little first graders in Sandy Hook that plosive, that serious, shouldn’t be more grassroots anger in early 2017 still hangs heavy over Connecticut; it shoved into debate at the very last than Brett Kavanaugh did in the sum- is the murders in Hartford, New Haven, minute. mer and fall of 2018?

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.021 S04OCPT1 S6522 CONGRESSIONAL RECORD — SENATE October 4, 2018 It just doesn’t make sense because it rounding him or her, but we are here Kavanaugh to the Supreme Court, is made up. There are zero facts behind with a vote pending in a matter of filled with hatred toward Democrats it, and for a nominee to the Supreme hours. and our allies, surrounded by legiti- Court to believe such a far-fetched Now, I just came from that secure mate questions about his fitness for of- story and then to angrily warn Demo- briefing room where I was force-fed a fice, is totally unnecessary, even to try crats that ‘‘what goes around comes half-baked FBI investigation that I was to accomplish the political aims of my around,’’ is one of the most astonishing told I had to read and digest in no more Republican friends in the majority. In unveilings of political bias that I have than an hour. It was humiliating. I felt the end, most importantly, the way in ever witnessed from a nominee asking like I was 9 years old. which this has been done is deeply, for the support of the Senate. That has But that humiliation was sort of the deeply hurtful to the unity of our great serious long-term consequences for us capstone for me on explaining why we Nation. as a republic, because it used to matter are still moving forward on Brett I yield the floor. that in the midst of all of our political Kavanaugh. At least it helped me to The PRESIDING OFFICER. The Sen- heated debates here, there were at fill out the details of my theory of the ator from Massachusetts. least nine people in America whom case, and I will end here. Ms. WARREN. Mr. President, last Americans could credibly believe didn’t Listen, I get it that it is really hard week, millions of people were glued to care about our usually petty political to be a Republican today, and I mean their screens as Dr. Christine Blasey partisan fights. There were nine people that sincerely. The things that the Re- Ford testified before the Senate Judici- that Americans could believe were publican Party used to stand for have ary Committee. Dr. Ford’s account of the most traumatic event of her life above it all. been obliterated by this President. The Now we are on the verge of perhaps Grand Old Party has become the party was harrowing. The pain of retelling sending someone to the Supreme Court of Trump. There is only a thread of this story was evident, and she did it who called Democrats ‘‘embarrass- unifying ideology left between this ad- for no personal gain whatsoever. In ments’’ and who warned his political ministration and congressional Repub- fact, her life has been turned upside opponents menacingly that we will licans. Republicans are much more so down as a result of her decision to come forward. The courage she showed reap what we sow. I don’t really know organized now around a kind of cult of is remarkable. Dr. Ford’s testimony what that means, but I am sure that I personality. I know that many of my was credible and compelling. I believe know that I don’t want a nominee to Republican colleagues are really un- Dr. Ford. the Supreme Court saying anything comfortable about this. Without this unifying set of ideas Judge Kavanaugh’s testimony was like that. very different. He spent more than 40 Now, the fight over the Kennedy seat that can bind together the President minutes ranting, raving, and pedaling was going to be controversial and con- and congressional Republicans, I fear fact-free partisan conspiracy theories, tentious. There is no way around that, that you are using this nomination to and then he proceeded to insult Sen- cling to the one thing left that you can but it didn’t need to go down like this. ators, to scream at the people who had agree on, and that is the methodical It didn’t need to divide this country. It the nerve to question him. He evaded complete domination of your political didn’t need to marginalize victims and some questions and gave obviously opponents. On social media they call it to politicize the Supreme Court, like false answers to others. It was a per- ‘‘owning the libs,’’ because why else this nomination has. formance that would have been right at Add to the conspiratorial beliefs the would you stick with this nominee home on talk radio or in a Republican other than just because you want to hatred that was oozing from him to- primary campaign or at a Donald shove down the throats of Democrats ward Democrats that day and the like- Trump rally, but it was delivered by a lihood that this nominee was also lying this deeply flawed nominee? Why else judge who is asking the Senate to con- over and over about, at the very least, would you try to railroad through his firm him to a lifetime appointment to relatively small things for which he nomination without a background a completely nonpolitical position as had really little reason not to tell the check, and then, when you are forced the swing vote on the U.S. Supreme truth. to do one, humiliate us all by giving us Court. I am sorry. I know this sounds triv- 60 minutes to review what turned out It is the job of the Senate to decide ial, talking about things like a devil’s to be a product that raises more ques- whether or not to confirm Judge triangle or boofing, but is it really not tions than it answered? Kavanaugh. Senators must vote yes or too much to ask, to expect that a I wish the answer was that you all vote no on elevating him to a lifetime nominee for the most important court think that Brett Kavanaugh is worth appointment on the Federal bench. It in the world tell you the truth even it. He is just that important a jurist, is not a criminal trial. Nobody is enti- about the small embarrassing stuff? that serious a thinker to do whatever tled to a lifetime appointment on the Even if you don’t believe Dr. Ford, I it takes to get him on the Court, but I Supreme Court. If he is not confirmed, just don’t know why you would want to don’t think that is what Republicans Brett Kavanaugh would still be serving put somebody on the Supreme Court believe. So we are left searching for the as a Federal judge on the second high- who has a habit of fibbing. This is the real reason why we are having a vote est court in the United States, and the Supreme Court. tomorrow. President, I am sure, will nominate an- So I guess, for me, it comes down to I don’t hate my Republican col- other candidate for this job. this question, which I think is a really, leagues. I don’t have any interest in For these reasons, I believe that Dr. really important one: Why did Repub- dominating them or getting my way Ford’s credible allegations and Judge licans stick with Brett Kavanaugh, just to get my way, and I wish I could Kavanaugh’s partisan, venomous rants given all of this, when Republicans explain this process, especially over are sufficient reasons to vote no on his could have just sent him back to the the last few weeks, through any other nomination. President and brought before this body prism than the desire by Republican Now, my colleagues on the other side another really conservative judge who leadership to simply bury Democrats of the aisle saw the same hearing. They would have regularly sided with the into the ground. watched Dr. Ford sit through hours of right side of the Court? I hate the way this has played out. I testimony. They heard her when she This process isn’t a trial. It is a job hate the lateness of the revelation. I clearly and unequivocally said she was interview. Not a single one of us would hate the rush job of an investigation. I 100 percent sure that Brett Kavanaugh hire someone into our office if credible hate the inability to recognize that sexually assaulted her, and they allegations like this were attached to none of us, Democrats or Republicans, watched Judge Kavanaugh dem- that person or if they conducted them- are obligated to stand by a nominee onstrate to the world that he lacks the selves in an in-person interview the that has real questions about his his- temperament and the truthfulness to way that Brett Kavanaugh did on tory and his impartiality just because sit on the Nation’s highest Court. Thursday. Seriously, think of that. Not the President likes him. For those Senators who don’t care a single Senator would willingly hire a This is not right. None of this is that Judge Kavanaugh thinks the mul- person with these questions sur- right, and the elevation of Brett tiple sexual assault allegations he

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.023 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6523 faces must be ‘‘revenge on behalf of the Judge Brett Kavanaugh’s nomination ees had access to that care was uncon- Clintons,’’ who simply aren’t sure to the highest Court in our country is stitutional. whether those credible allegations are the results of a decades-long assault of On consumer protection, Judge a sufficient reason to vote no, and who our Judiciary, launched by billionaires Kavanaugh ruled that the Consumer would like to see more evidence, the and giant corporations who want to Financial Protection Bureau, the agen- sensible course of action has always control every branch of government. cy that stands up for Americans cheat- been obvious—a serious, nonpartisan For years, those wealthy and well-con- ed by corporate criminals, is unconsti- FBI investigation to uncover the truth nected people have invested massive tutional. as best we can to make sure we are as sums of money into shaping our courts On environmental safety, he has informed as we can be before we have to fit their liking. Working in partner- ruled to overturn the rules that help to vote. But that is not what has hap- ship with their Republican buddies in keep dangerous toxins out of the air we pened. Congress, they have executed a two- breathe and the water we drink. First, instead of taking Dr. Ford seri- part campaign to capture our courts. On voting rights, he upheld South ously, MITCH MCCONNELL scheduled a Part 1: Stop fair-minded, mainstream Carolina’s discriminatory voter ID committee vote on Judge Kavanaugh’s judges from getting confirmed to serve laws. nomination the next day. He suspended on the Federal courts. On gun safety, he dissented from an the Senate vote only when it became Part 2: Flood Federal courts with opinion upholding an assault weapons clear that Republicans wouldn’t have narrow-minded, pro-corporate individ- ban and a gun registration require- the votes they needed if they tried to uals who will tilt the courts in favor of ment. In speeches on gun safety, he ad- ram the nomination through the Sen- the rich and powerful and against mitted that most lower court judges ate right at that moment. women, workers, people of color, low- disagree with his extreme position on Then the President offered the small- income Americans, LGBTQ individuals, the Second Amendment. On money in politics, he wrote an est fig leaf of an FBI investigation. people with disabilities, Native Ameri- opinion that would permit foreign indi- Now, I have just come from the secure cans, students, and everyone who viduals to spend unlimited sums of room where the summaries of FBI doesn’t have money or power right here interviews and other FBI-generated money on issue ads in the U.S. elec- in Washington. tions. documents were made available. With Trump in the White House and Senators have been muzzled. So I will Oh, and when it comes to Presi- Congress controlled by Republicans, dential power and the rule of law, now say three things that committee the wealthy and well-connected have a staff has explained are permissible to Judge Kavanaugh believes that sitting once-in-a-lifetime opportunity to con- Presidents shouldn’t be subjected to say without violating committee trol our courts for the next generation. rules—statements that I have also personal, civil, or criminal investiga- During his Presidential campaign, tions while they are in office. That is independently verified as accurate. President Trump made it clear that One, this was not a full and fair in- very convenient for the current occu- rightwing, pro-corporate groups would vestigation. It was sharply limited in pant of the Oval Office. not only have a voice in selecting Su- scope and did not explore the relevant That is just the part of Judge preme Court Justices, they would get confirming facts. Kavanaugh’s record that we know Two, the available documents do not to handpick their favorites. So those about, and that raises the second rea- exonerate Mr. Kavanaugh. groups handed him a list of their top son Judge Kavanaugh should not be Three, the available documents con- picks for the Supreme Court, and confirmed to the Supreme Court: the tradict statements Mr. Kavanaugh President Trump has picked judges ex- secretive process that Republicans made under oath. clusively from that list. have used to advance his nomination. I would like to back up these three His most recent selection is Judge From the moment President Trump an- points with explicit statements from Brett Kavanaugh. There are a lot of nounced Judge Kavanaugh’s nomina- the FBI documents—explicit state- reasons to oppose Judge Kavanaugh’s tion, Republicans have worked over- ments that should be available for the nomination. I want to discuss three of time to get him on the Supreme Court American people to see, but the Repub- them: His record, the broken and bi- without giving Senators—or the Amer- licans have locked the documents be- ased confirmation process, and the al- ican people—a meaningful opportunity hind closed doors with no plans to in- legations of sexual assault. to examine his full record. form the American public of any new Let’s start with Judge Kavanaugh’s Senate Republicans have played an information about the Kavanaugh record. Judge Kavanaugh has spent 12 elaborate game of ‘‘hide the ball’’ at nomination. years on the DC Circuit Court. His rul- every step of this process. Judge The Kavanaugh nomination was a ings demonstrate why radical, right- Kavanaugh spent many years in gov- sham, and that is the President’s fault wing groups and their friends in the ernment, but the Republicans have re- because the President is the one who Senate are so eager to give him a seat fused even to request hundreds of thou- limited the scope of this investigation, on the Supreme Court. Pick an issue— sands of documents from his time in who refused to allow it to continue for almost any issue—and there is ample service. They have designated other more than a few days, and who refused reason to be alarmed. documents as ‘‘committee confiden- to ensure that the FBI completed a One is a woman’s right to make her tial’’ to hide them from the public. To thorough investigation, including own healthcare decisions. When the top it off, just days before Judge interviews with all relevant witnesses. Trump administration sought to block Kavanaugh was scheduled to come be- The statements the President made a young immigrant woman’s right to fore the Senate Judiciary Committee, about the scope of the investigation access abortion care, Judge Kavanaugh a Bush White House attorney an- were false. If that wasn’t bad enough, sided with the government, claiming nounced that over 100,000 documents the President has viciously attacked that allowing the woman, who had from Judge Kavanaugh’s time in the Dr. Ford for bravely coming forward to done everything necessary to obtain White House Counsel’s Office would be tell her story. How could any Senator access to an abortion, should be further withheld on the basis of constitutional accept this sham? delayed in obtaining that care—a delay privilege. It is clear the fix is in. Republicans that would likely have prevented her A few years ago, President Obama want to confirm Judge Kavanaugh to from obtaining an abortion. nominated Elena Kagan to the Su- the Supreme Court, and they will ig- When religious organizations chal- preme Court. Like Judge Kavanaugh, nore, suppress, or shout down any in- lenged the contraceptive care require- she had served in public office. Unlike convenient facts that might give the ment of the Affordable Care Act, Judge the Kavanaugh confirmation process, American people pause about this nom- Kavanaugh again opposed access to re- the Kagan process included the release ination. Republicans are playing poli- productive care, arguing that requiring of nearly every document related to tics with the Supreme Court, and they religious nonprofits to submit a simple her time in service. In fact, no one has are willing to step on anyone, includ- form allowing them to opt out of pro- found an example of so much of a nomi- ing the victim of a vicious sexual as- viding comprehensive contraceptive nee’s record in government being hid- sault in order to advance their agenda. coverage but ensuring that the employ- den from the Senate and hidden from

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.024 S04OCPT1 S6524 CONGRESSIONAL RECORD — SENATE October 4, 2018 the public as in Judge Kavanaugh’s about the impact on the perpetrator nothing but a cynical show for public case. than their own safety and well-being or consumption. The rushed and secretive process that they think that people with power—the The #MeToo movement forced them has characterized Judge Kavanaugh’s ones who can actually do something— to open the floor to Dr. Ford, but her nomination raises this question: What will instead ‘‘plow right through’’ testimony was never really going to is he hiding? Why doesn’t he insist that them. matter to President Trump and the Re- his record be made public? Why doesn’t We never hear the stories of millions publican leadership. The majority lead- he want a full investigation of the sex- of sexual assault survivors. But some er made that clear when he bragged to ual assault claims made against him? make the very difficult and very per- an audience of the religious right be- Why won’t Republicans insist on trans- sonal decision to come forward and tell fore her hearing: ‘‘In the very near fu- parency and a meaningful investiga- their stories. They, like all survivors, ture, Judge Kavanaugh will be on the tion? are courageous, and they deserve to be U.S. Supreme Court.’’ Evidently, neither Judge Kavanaugh heard and treated with respect—not Republican leaders questioned why nor the Senate Republicans care about dismissed, not attacked, not threat- the allegations did not come forward the facts. ened. sooner. Yet the reasons survivors of Judge Kavanaugh has been accused of The record, the process, the allega- sexual assault often don’t come for- sexually assaulting multiple women. tions—whichever way you slice this— ward are well documented and well un- Dr. Christine Blasey Ford and Deborah should lead to only one result: Mem- derstood, and they did everything they Ramirez shared their stories of sexual bers of this Chamber should vote no on could to undermine getting to the assault at the hands of Judge Judge Kavanaugh. Our country de- truth of Dr. Ford’s allegations—from Kavanaugh and risked their safety and serves better. refusing to honor her request for an the safety of their families to do so. I yield the floor. FBI investigation prior to her hearing Instead of making sure that these al- The PRESIDING OFFICER. The Sen- to severely limiting the Democrats’ legations are thoroughly investigated ator from New Mexico. time for questions of Judge Kavanaugh so the Senators and the public can Mr. UDALL. Mr. President, first let before the Senate Judiciary Com- make judgments based on facts, Repub- me begin by saying this: I believe Dr. mittee, to refusing to call other key licans launched a campaign to attack Christine Blasey Ford. witnesses, like Mark Judge, Deborah and discredit these courageous women. Her raw courage in coming forward Ramirez, and others, and to put them Donald Trump openly mocked Dr. Ford will change the national culture and under oath. It is absolutely stunning at a political rally, and the Repub- discussion. She has given voice to mil- that all 11 Republicans on the com- licans have made clear that their one lions of women and men who are sur- mittee abdicated their responsibilities and only goal is to get Judge vivors of sexual assault, who are afraid and ducked public scrutiny by bringing Kavanaugh on the Supreme Court. In to tell their stories, who felt powerless. in a female prosecutor to do their job fact, just last week, MITCH MCCONNELL Some of these women have contacted and question Dr. Ford. It is just plain told a group of conservatives: ‘‘Don’t my office with their own stories. I have political cowardice, and women in New get rattled by all of this. We’re going read them and they are heart-wrench- Mexico and around the country are to plow right through it.’’ ing. watching. Plow right through it? Really? At its core, sexual assault is a crime Again, after hearing her testimony Americans are tired of the powerful of power. Dr. Ford has confronted some and reviewing the record, I believe Dr. plowing right through everyone else to of the most powerful in our Nation and Ford. It is worth noting that no Repub- get what they want. There is a reason told the truth. I thank her for her cour- lican Senator has said she is not cred- that so many women and men have age in coming forward and for empow- ible. Not a single one has said she is come out in droves to support Dr. Ford ering other survivors to do the same. not credible. The majority whip stated: and Ms. Ramirez. It is because people At this point, with so much un- ‘‘I found no reason to find her not cred- are tired of being ignored and silenced. known, there are serious consequences ible.’’ Judge Kavanaugh and his Republican to elevating Judge Kavanaugh to the The President found her testimony sponsors don’t want to talk about the Supreme Court. ‘‘very compelling’’ and that she was a facts in this case. But let’s talk about We the Senate need to continue our ‘‘very credible witness.’’ Although, a few other facts. Over 80 percent of search for the truth about this nomi- true to form, the President changed po- women and 40 percent of men have ex- nee, his background, and his record, litical course and insulted and mocked perienced sexual harassment or as- and, hopefully, we can do that in a bi- her in front of a laughing crowd and sault; 7 out of 10 sexual assaults are partisan way. television cameras—yet another committed by someone the victim Yet everything about the nomination shameful new low for the President’s knows. process for this nominee has been deep- treatment of women. The vast majority of sexual as- ly flawed, from the President’s out- Dr. Ford’s testimony was all the saults—about two out of three—are sourcing the nomination to the Fed- more compelling because she was able never reported to the police. Why? Be- eralist Society, to the majority lead- to expertly explain how the memory of cause survivors fear retaliation or they er’s violating his own new rule to delay the assault was seared in her hippo- believe that the police will not or can’t consideration of a Supreme Court campus by neurotransmitters that do anything to help or they think it is nominee until after an upcoming elec- were released in response to the at- a personal matter or they confide in tion, to a highly partisan lawyer’s tack. Her memory of her assailant is someone other than the police or they screening Judge Kavanaugh’s docu- fully intact. It insults Dr. Ford and believe it is not serious enough to re- ments for public disclosure instead of survivors generally to say, like Repub- port or they don’t want to get the per- the nonpartisan National Archives licans have, that they believe some- petrator in trouble. staff, to the Judiciary chair’s rush to thing happened to her but that it was Last week, as Dr. Ford testified be- hearings, even though only 7 percent of not Brett Kavanaugh. fore Congress, the National Sexual As- Judge Kavanaugh’s record is in the Dr. Ford is not mixed up, and con- sault Hotline saw a 147-percent in- public domain. trary to what the Republicans would crease in calls from people seeking What are they trying to hide? I think tell you, there is strong corroborating help. We have a problem of sexual har- we have a pretty good idea. evidence behind her allegations. Years assment and sexual violence in Amer- Finally, and most disturbing, are the before this nomination, she had told ica. The problem isn’t that too many President’s and the majority’s inexcus- her husband, a therapist, and friends of victims are coming forward with fab- able treatment of the brave women the attack, and her polygraph exam- ricated stories to destroy someone’s who have come forward with allega- ination supports her truthfulness. Her life; it is that too many survivors are tions of sexual assault and misconduct story even matches an entry in Judge afraid to come forward at all. against the nominee. The Republican Kavanaugh’s calendar in a number of They believe they will not be heard leaders claim to want to hear the alle- ways, identifying the attendees she or taken seriously or they think more gations of sexual assault has been would have no reason to know.

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.025 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6525 There is a narrow window in which it the Supreme Court demand nothing He rudely shot back at Senators, ask- is possible that both Dr. Ford and less. ing them about their drinking habits. Judge Kavanaugh are telling the truth, The rushed Judiciary hearing with He accused Members of the minority of and that is if Judge Kavanaugh does Dr. Ford and Judge Kavanaugh was de- misdeeds for which he had no evidence. not remember it as a result of his con- signed to appease and not to make sure He blamed ‘‘revenge’’ by the Clintons sumption of alcohol that evening. Yet the American people had all of the for the predicament he was in. He Judge Kavanaugh’s performance during facts. Senator FLAKE was right to stop lacked self-control, dignity, and the the supplemental hearing, while loud the process and call for an FBI inves- temperament of a Supreme Court Jus- and angry, was not convincing. You tigation. He is right that this nomina- tice. His partisanship and lack of polit- can’t find Dr. Ford’s testimony cred- tion is tearing the country apart. The ical independence were on full display. ible and, at the same time, push to put American people needed to know the I have never seen a nominee to a Fed- Judge Kavanaugh on the Court. truth. All relevant evidence should eral court, let alone the Supreme The burden of proof for a lifetime ap- have been gathered and put before us. Court, behave in such an injudicious pointment to our highest Court is not Senator FLAKE is a friend, and I com- manner before the Senate. Under pres- ‘‘beyond a reasonable doubt.’’ The Sen- mend him for having stood up for what sure, Judge Kavanaugh did not show ate and the American people must have he thought was right, but an artifi- himself worthy to appointment to the a high degree of certainty that there cially limited FBI investigation will do highest Court. was no sexual assault and that the nothing to bring this country back to- This is not a partisan conspiracy as nominee didn’t lie about it under oath. gether. Justice could have only been Judge Kavanaugh claimed. We saw no We have no certainty on either count. served by having a full investigation, such allegations for Judge Gorsuch’s The supplemental hearing brought with the FBI being allowed to have nomination—a judicial candidate who Judge Kavanaugh’s overall credibility done its job as it knows how to do it. shared a similar judicial philosophy to even further into question. While he With the results in of the FBI inves- Judge Kavanaugh’s and who, coinciden- denied reports of heavy alcohol use tigation, it is clear that the President, tally, went to the same high school. during high school and college, there with the Senate leadership in full sup- There were no unsavory allegations are abundant reports in the press and port, imposed arbitrary limits on the against Judge Scalia or Judge Alito— statements from many eyewitnesses to scope and length of the investigation. two judges whom most Democrats vo- the contrary. Numerous acquaintances, Dr. Ford was not spoken to. Her cor- ciferously opposed based on their right- even friends, have come forward with roborating witnesses were not con- wing, pro-dark money ideology. information that he often drank to ex- tacted. Her corroborating documents Elevation to the Supreme Court for a cess during these years. His own year- were not reviewed. There was no mean- lifetime appointment is not a right. It book quotes allude to—brag about— ingful inquiry as to whether Judge is a privilege. While the Republicans heavy drinking and exploits with girls. Kavanaugh misrepresented his past al- take great umbrage that Judge With all of these accounts of heavy cohol use, which also corroborates Dr. Kavanaugh’s reputation is at stake, drinking from an array of different Ford’s story. Up to 40 witnesses tried the fact is we have before us credible credible sources who have nothing to to come forward, but FBI agents did allegations of sexual assault and sexual gain by coming forward, it is hard to not contact or interview them. While misconduct, and justice demands that believe there is no truth to them. we can all read their statements in the he be called to answer to those allega- Evidence of excessive drinking and newspapers, their information will not tions. He should not get a pass. inappropriate behavior as a teenager form part of the FBI’s investigation I have reviewed Judge Kavanaugh’s and young adult is not disqualifying in record. decisions, writings, speeches, all of his and of itself, but misleading Congress There was no bipartisan briefing at testimony before the Senate Judiciary and the American people about it is. which Senators could ask FBI leaders Committee, and the meager set of doc- Most troubling is that there was al- about the adequacy of the investiga- uments made available when he served ready evidence before us that Judge tion. The FBI’s investigation was not as a White House lawyer and as part of Kavanaugh was not being fully truth- allowed to be a real investigation. Independent Counsel Kenneth Starr’s ful. Given what is in the public record but investigation. On the merits, this We know that when Judge was kept away from the FBI, it by no nominee simply does not represent Kavanaugh worked as a White House means exonerates Judge Kavanaugh. mainstream judicial thought. He is on lawyer under George W. Bush, Senate Without having had a real investiga- the extreme edge. The American people Republican Judiciary staff stole con- tion, the cloud of credible allegations want a Justice whose judicial philos- fidential information from Democratic remains. The President and Republican ophy falls within established param- Senators and staff and gave some of leaders were, simply, not on a search eters, a Justice who is not on the far that stolen information to him. Under for the truth, only on a mad dash to end of the ideological spectrum and oath, Judge Kavanaugh denied that he get Judge Kavanaugh confirmed at any who will not put his or her personal be- knew the information was stolen, but if cost to the country. liefs before the text of the statute or you read the email correspondence, it Folks, it is 2018. We are 27 years be- the constitutional provision at issue. is nearly impossible to believe a so- yond Clarence Thomas’ hearings. Yet Even before the allegations of sexual phisticated political operative, like credible claims of sexual assault assault and misconduct, the American Brett Kavanaugh was, would not have against a nominee to the Supreme people opposed this nomination in un- understood that the information had Court are not taken seriously by the precedented numbers. I, like the Amer- been obtained surreptitiously. President of the United States or by ican people, have no confidence that There are also valid concerns that the Republicans in the U.S. Senate. this nominee will uphold our rights of Judge Kavanaugh, during his 2004 con- The roughshod process orchestrated by privacy, a woman’s right to choose, firmation hearing, misrepresented his the Senate majority and the President and each individual’s right to marry involvement with the George W. Bush delegitimizes the claims of a woman whomever he or she wants. I have no torture policy and with certain judicial who has been subject to sexual harass- confidence that this nominee will up- nominations he handled as White ment and sexual assault, and it only hold Americans’ rights to healthcare, House Counsel. His sworn testimony in serves to drive survivors underground. consumers’ rights to a fair deal, or 2004 and in the two recent hearings The kangaroo court-type process or- laws that protect our environment and leaves me highly skeptical that Judge chestrated by the Senate majority and combat climate change. Kavanaugh has told the whole truth the President delegitimizes the Su- I have no confidence that this nomi- and nothing but the truth before Con- preme Court and will for decades to nee will protect minorities’ rights and gress. I cannot support a nominee to come. the rights of Native peoples, in par- the Supreme Court without there being During the supplemental hearing, ticular, or will uphold voting rights, a high degree of certainty that he or Judge Kavanaugh showed himself as will strike down gerrymandered voting she has been 100-percent honest under partisan, belligerent, even paranoid, districts, which undermine the prin- oath. The integrity and reputation of and lacking in judicial temperament. ciple of ‘‘one person, one vote,’’ or will

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.027 S04OCPT1 S6526 CONGRESSIONAL RECORD — SENATE October 4, 2018 rein in dark money, which erodes our and bring justice to them would be firm. I want to be clear that my assist- democracy, all while the Nation faces through the adoption of the constitu- ance to Judge Kavanaugh was on my the distinct possibility that Special tional amendment doing so. own time, free of charge, and in no way Counsel Robert Mueller’s investigation I worked with Senator DIANNE FEIN- connected to the firm or any client of will find evidence that the President or STEIN. The two of us joined together in the firm. It was not a pro bono matter his campaign conspired with Russia to this effort, and we spent countless because I actually didn’t represent undermine the 2016 Presidential elec- hours and many months trying to per- Judge Kavanaugh. It was simply to tion, evidence that the President ob- suade our colleagues that this was the help him prepare for his hearing and to structed the Special Counsel’s inves- way to proceed. get him around the Senate to meet the tigation, or evidence of other crimes. I Eventually, we were able to get legis- Senators and to talk to them. have absolutely no confidence that this lation through the Senate, which es- After about 5 weeks of this, roughly, nomination will hold the President to tablished a Federal law rather than a I was appointed by Arizona’s Governor account if called to do so. constitutional amendment. This Fed- to Senator McCain’s seat in the Sen- Judge Kavanaugh is on record saying eral law—which is now embodied in 18 ate, and I immediately resigned from that, as a matter of policy, he believes U.S.C. 3771—has provided some support the firm and all other remunerative po- a sitting President should be immune to victims of Federal crime and, as im- sitions and ceased working with Judge from criminal investigation while in portantly, a template for States to de- Kavanaugh. I should also mention that office, no matter the crime. He has re- velop their own statutes and constitu- during this time, I performed no lob- fused to tell the Senate and the Amer- tional amendments to provide rights to bying work for my law firm or for any ican people whether he believes that, victims. clients of the firm, and I so notified the as a matter of constitutional law, a sit- As a result of all of this, I am well Secretary of the Senate and the Clerk ting President may be investigated and aware of the issues like the delay or of the House. indicted. nonreporting of assaults by crime vic- Finally, at no time during my work I, for one, believe that under the Con- tims, and I very much appreciate the with Judge Kavanaugh did any allega- stitution, if a President commits a need to be lenient in evaluating the tion of sexual impropriety arise. The crime, the rule of law still stands and testimony of such victims. Ford allegation came after, and noth- that the Constitution gives no immu- Rights, like the need to attend pro- ing like that was discussed in my pres- nity to a President who is a criminal. ceedings and to address the court at ence during my work with him. This nomination will shape the the time of sentencing and to be noti- As I said, some have asked me ques- course of the Supreme Court—and fied of these rights, were included in tions about this. I hope that satisfies American law and lives—for decades. the statute we got adopted. Those their inquiries. We must have a nominee who has been rights are now part of a majority of the I also want to conclude this part of fully vetted, who does not stand States in the Union, either in statute the presentation by saying that having credibly accused of sexual assault, or the Constitution. sat through over 50 interviews, hearing whose honesty before the Senate and The recognition of the rightful role the questions asked of him and his re- the American people cannot be ques- of victims in our criminal justice sys- sponses—many of them repetitious— tioned, whose judicial record fits with- tem cannot only help provide courage and helping him to prepare for his in mainstream jurisprudence, and who and closure to victims of sexual as- hearing, I really believe I have a very believes that no one—not even the sault, it thereby also helps prosecutors good idea of how he would conduct President—is above the law. gain critical testimony for their cases himself as an Associate Justice on the Judge Kavanaugh is not that nomi- so that more of the perpetrators could U.S. Supreme Court. After all, that is nee. be brought to justice. the most important question before us. I yield the floor. There are some insensitive people The third area of inquiry gets to The PRESIDING OFFICER. The Sen- who are not aware of the difficulties Judge Kavanaugh as Justice ator from Arizona. faced by victims of sexual abuse, and Kavanaugh. The first thing to do is to Mr. KYL. Mr. President, this is the you have heard some of them speak examine his qualifications and his ex- first time I have had the opportunity publicly. What is not true is that all perience. Ordinarily, this is where we to address my colleagues on the Senate men are ignorant of the problem. begin in our inquiry to provide advice floor since I was appointed to fill the Senator FEINSTEIN and I met many and consent to the President after a seat of our late friend and colleague men in the victims’ rights movement person has been nominated. John McCain. who are extraordinarily helpful and un- He is a graduate of Yale Law School, I appreciate the opportunity to speak derstanding. I don’t ask anyone to es- had clerkships on both the Ninth Cir- on a matter of great importance, both tablish their bona fides to speak to any cuit Court of Appeals and the U.S. Su- to this body and to the people of the of these issues, and I would hope none preme Court under Justice Kennedy. United States of America; namely, the would question mine. He has been described as ‘‘wicked confirmation of Judge Brett To the second point, some have asked smart’’ and extraordinarily hard-work- Kavanaugh as Associate Justice to the me about my time in helping Judge ing. He went over this on numerous oc- U.S. Supreme Court. Kavanaugh as a so-called sherpa. This casions, discussing his early service on I would like to address this in five was part of the early process of his con- the Court of Appeals, where he wanted general areas, beginning with a couple firmation process, where he was inter- to emulate Judge Merrick Garland, of preliminary areas of discussion. viewed by a majority of the Senators whom he had heard something about. The first concerns my work right and tried to answer their questions and Merrick Garland is a prodigious after I came to the Senate in 1995 to to also respond to requests for informa- worker by reputation, and Judge try to adopt a constitutional amend- tion and the like. Kavanaugh saw that and tried his best ment for the victims of crimes. We Just before his nomination was an- to follow in Judge Garland’s footsteps called it a crime victims’ rights nounced by the President, Don in that regard. amendment. I had become acutely McGahn, the White House Counsel, He has had a huge output in cases. I aware of the problems crime victims called me in Arizona and asked if I believe he has 312 written opinions over faced, especially those who have suf- would serve as the sherpa for the nomi- his 12 years on the bench. In addition fered some kind of sexual assault. nee—a person to get him around the to that, outside of the court, he wrote Through personal interviews and dis- Senate, introduce him to the Senators, law review articles, speeches, and gave cussions with victims, victims’ rights follow up on any questions, and so on. many presentations to groups. He also groups, with prosecutors and others, I agreed to do that, and I also partici- lectures at the Harvard Law School. with research and a great deal of read- pated in some of the hearing prepara- Regarding his previous experience, it ing and hearing from victims’ groups, tion. This all occurred in about a 5- also includes, as we know, previous ex- law enforcement, and others, I became week period of time. perience on the executive branch, both convinced that the only way we could During this time, I was employed as a lawyer and as an assistant to the guarantee the rights of these victims part time at a Washington, DC, law President. All of this, by the way, he

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.028 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6527 was required to undergo six separate courts are supposed to approach judges should approach these decisions, FBI checks. cases—on facts and the law. and how I believe Judge Kavanaugh His qualifications have been reviewed In the meetings that I sat in on, will. It is based on legal rules and prin- by the American Bar Association, Judge Kavanaugh went to great pains ciples that have been long established which is just one entity that looks at to describe how he approaches a case. and written up and followed by courts judicial nominees and is generally He begins by looking at the text of the throughout the ages. The law is lit- deemed to be an organization that Constitution for any relevant statutes. erally full of these rules—basically, the studies records. It goes into depth He begins applying the law, as judges ‘‘how to’’ for judges to decide difficult interviewing people, and they con- are supposed to do, in interpreting cases. Most judges know and apply cluded he had the top rating, ‘‘well those constitutional provisions and these rules fairly and systematically. qualified,’’ to serve on the Supreme statutes. In the process of doing this, They don’t try to make up new rules or Court. he uses the same principles other deliberately fudge the facts or twist As some have described, he is a judges do. In just a moment, I will the rules in order to reach a desired re- judge’s judge. He is a real standout on mention what some of those principles sult. the bench. People would have been sur- are. I kind of liken it to the instructions prised if he were not someday nomi- I mentioned the fact that some of my that come with those dreaded packages nated to serve on the U.S. Supreme colleagues have focused on whom he that say ‘‘some assembly required.’’ Court. has ruled for in cases. Bear in mind That is always a sign that I need to get that as a member of the U.S. Court of He has also been recommended by my wife involved rather than for me to Appeals, he sits with two other judges, law professors, students, former clerks, do it myself because I don’t follow di- so the three judges decide the cases, and hundreds of people who have writ- rections very well. But failure to follow not just one—although, a case can be ten letters on his behalf. I note that the steps in that case can lead to some decided by a 2-to-1 vote. Some of my many of these are liberals or Demo- pretty bad results, as a couple of lawn colleagues have said, well, they are crats. They are not necessarily con- concerned that because he served in an chairs I put together will attest to. servatives or Republicans. He is well The question here is, a judge should administration for a President and be- regarded by virtually everyone who has have a clear view of how he approaches cause of something he once wrote for a had connection with him either in his each case, the steps that he follows to law review article, they fear he would professional or as a member of the decide them. But sometimes cases pro- want to rule for the President and Bench. vide ambiguities and difficult decisions against other parties if a lawsuit in- The next question we go to in evalu- that make it especially difficult to volved the question of Executive ating a nominee to a court is their ju- apply the usual rules. In these cases, power—how much authority does the dicial philosophy—how do they ap- President of the United States enjoy. I the question is whether a judge will be proach the job of judging? How will think that is wrong, based upon his ex- tempted to guess what the right proce- they decide cases? planation of all of his decisions and dure is or to try to reach an outcome I first want to say what Judge what he has written on the subject. I that he has predetermined he wants to Kavanaugh is not, and he made this think it is very clear that he has no reach, as opposed to applying other crystal clear in the many meetings in predilections in this regard, and that commonsense principles. which I sat with him talking with the It is true that sometimes laws are he believes strongly in the separation Senators. He is not a results-oriented ambiguous, and they require some in- of powers as set forth in the U.S. Con- judge. When parties come before the terpretation. I have seen Judge stitution; he holds no special place for court, he doesn’t decide whom he wants Kavanaugh address this precise ques- the President above the other two to win and then figure out a way to tion and go over decision after decision branches of government. help that party win the case. That is One of the cases he cites to dem- that he has made, showing how he ap- not the right way to evaluate a case onstrate this fact is a case that didn’t proaches cases like this. I can tell you, before the court, and he is not that please me, and the outcome certainly first of all, he tries to get his col- kind of judge. didn’t please his old boss, President leagues to agree, if a reading of a stat- He is a judge who wants to apply the Bush, because he ruled against Presi- ute is not really all that ambiguous, to law in the right way and to reach the dent Bush. Instead, he ruled for Osama say: Look, if you find my reading of decision the law requires based upon bin Laden’s assistant and driver. The the statute persuasive, then that precedent, based upon the way the Con- reason he did that is that individual— should be it. We can end the inquiry. stitution or—if appropriate—statutes as bad as he may be, as evil as he may We don’t have to find ambiguity in are to be interpreted in order to reach be—was not accorded proper constitu- every single thing because when ambi- the right result in the case. tional rights as guaranteed under our guity is found, obviously, judges are One of my colleagues on the Judici- Constitution, and he had to reach the not as tethered to the law as they ary Committee I think got us off on result he did because of that. As I said, would otherwise be. He is very aware of the wrong foot or tried to get us off on I didn’t like the outcome, and I am this, and he has tried very hard, I the wrong foot in this regard. He came sure his previous boss, President Bush, think, to reach the right conclusion to one of the hearings with a presen- didn’t either. But it illustrates the fact based upon the proper application of tation on how many times Judge that he is not going to blindly rule for the law. Kavanaugh allegedly ruled for corpora- the President, even in a case where the I am not going to go into all of those tions over individuals and concluded equities would seem to favor what the judicial rules; we have heard precedent this was an important factor in deter- President was trying to do in this case; and statutory interpretation and the mining whether Judge Kavanaugh that is, to ensure that Osama bin like. But I will say that having heard should sit on the Supreme Court. I Laden’s colleagues were held to ac- him describe his approach to numerous think this illustrates the mindset of count for their misdeeds. cases, I am convinced that he will, as a many: Whom did you rule for, rather So the bottom line here is that it is Justice on the Supreme Court, apply than how did you rule in the case? This not who wins and loses that matters; it the law in the same way that he has is totally wrong, and it is irrelevant to is whether the law is applied fairly and during his 12 years as a member of the the way judges should decide cases. correctly. court of appeals. Theoretically, if 10 plaintiffs bring 10 Now, how do we know whether it is He describes his approach to judging spurious lawsuits against 10 different correctly applied? Obviously, judges in a way that some have called strict corporations and the courts rule for will differ sometimes, and each case is construction or textualism, which I the corporations in those cases, it going to be decided on its own merits. think is really not much more than proves exactly nothing. That is why we The question of how one judges is real- giving a preference to the written text shouldn’t focus on who wins the cases ly the key to this. I said I would get to of either the Constitution in cases but rather on whether they were de- this. where constitutional interpretation is cided based upon proper legal prin- Here is just a little bit of a discussion the question or statutes in cases where ciples, on precedent, and on the way of how cases should be decided, how statutes have to be interpreted. This

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.030 S04OCPT1 S6528 CONGRESSIONAL RECORD — SENATE October 4, 2018 approach to judging is the method- victim of sexual assault, I think we can staff on all of the FBI and committee ology that is used more and more appreciate the role of emotion in his contacts. This includes the second today by judges, and it tries to avoid testimony. He apologized to the one round of FBI interviews. Contrary to substituting the judge’s notions of how Senator to whom he was rude. In my what some have said, this process was things should come out and sub- view, the best evidence of his tempera- not constrained. The FBI was not told stituting the judge’s discretion as op- ment as a judge is his temperament as not to interview certain people; they posed to carefully reading the text of a judge for the last 12 years. were, in fact, told to follow the leads, the Constitution or the statute as ei- So as to judicial temperament, and I believe that they interviewed not ther the Founding Fathers or the Con- knowledge of the law, an approach to just 4 witnesses but a total of 10 wit- gress, in the case of a statute, has writ- deciding cases, I believe few would nesses in this latest round of their ten it. doubt his qualifications to sit on the interviews. As I said, during his many interviews U.S. Supreme Court. After reading what I have read and and hearing him explain his approach, That brings us to the fourth part of being briefed on the remainder by com- I believe he has given us a very good my presentation: the allegations of mittee staff, I find nothing to verify idea as to how he would approach cases sexual misconduct against him. Do the accusations against Judge in the future. As I said, while there are they amount to something that should Kavanaugh. He has unequivocally de- one or two areas that some of my col- disqualify him for serving on the Su- nied them, and having gotten to know leagues have raised questions about, I preme Court? I don’t think I need to him as I have, I conclude that he is not have no doubt at all that he is an ex- detail here every allegation and every the proper subject of the accusations. traordinarily knowledgeable and very witness statement that has been in- Some have suggested that he must wise judge who will do what he is sup- volved in the investigation of these al- prove that he did not engage in the posed to do on the Supreme Court to legations. conduct alleged. It would be totally un- apply the law fairly and correctly. In the recent hearing at which both fair to place upon him the burden of I also believe something else. I be- Professor Ford and Judge Kavanaugh proving a negative. This is ordinarily lieve that he is going to work very testified, I believe most observers saw hard to find consensus on the Court. impossible. When you neither know the both as presenting credible testimony, We all hear about 5-to-4 decisions, and time nor place of the event alleged, you and I agree with that. That their recol- they don’t make us feel good because it can’t disprove that you were there lections differ does not necessarily illustrates how judges can differ, and then—there, wherever it was—or then, mean that either of them knowingly sometimes it demonstrates an ideolog- whenever that was. In this particular lied. We should neither automatically ical division on the Court, which we case, for example, unless he can some- would hope to avoid. He would like to believe one over the other—she, be- how show that he was in Europe the en- work with his colleagues to try to cause her testimony was that she had tire 3 months of the summer allegedly come to more consensus decisions than been sexually abused, nor he, because involved here or in some similar cir- to have these kinds of split decisions. he is a sitting Federal judge. As I said, cumstance, there is no way that he He really loves the law, and you know each deserve some deference for the could prove a negative; namely, that he that when you talk to him, and he is reasons that I have stated. But, if both wasn’t there. really committed to making it work. are believable, we must still find a way It is true that the presumption of in- Another critical factor for a judge— to analyze the evidence to help us nocence applies in our courts, but the and we frequently refer to it, as it has reach a conclusion on the issue before same notion of fair play applies in been referred to on the floor here—is us: Should Judge Kavanaugh be con- other aspects of our civic and social what we call judicial temperament. firmed? life. If a mere allegation of wrongdoing This is especially important in district Well, the best way to verify the alle- is enough to deny an applicant a job or court judges where they appear before gations is through corroboration—evi- otherwise discredit an individual for juries and where trials are actually dence that backs up the accusations the rest of that person’s life, our soci- held. You want the jurors in the case to that have been made. While both Pro- ety would be torn apart. This is why we understand the case well, to feel good fessor Ford and Deborah Ramirez have have Constitutional rights, which em- about being there as jurors judging named individuals who they believe body our notions of fair play in life their fellow citizens, so judicial tem- were present during the incidents of generally. perament is very important for the which they complained, none of those While this is not really a job inter- judges in those cases. But even on the individuals would corroborate the ac- view as it has been described, even if it court of appeals, one must have a judi- cusations. Some denied them; others were and we were the prospective em- cial temperament that demonstrates to had no recollection of such incidents. ployers, we would want to evaluate the the parties and to the litigants that Some said, even so, they believe Judge qualifications—in this case of Judge the judge is fair, that demonstrates to Kavanaugh; at least one says the same Kavanaugh—including accusations of the lawyers involved that he can be re- as to Professor Ford. There does not against him, and those accusations spectful of them and fair to all of them, appear to be any corroborative evi- would not just be taken at face value, and that he can be congenial with his dence. particularly as serious as they are and fellow judges on the court with whom Professor Ford’s telling of her story given the fact that he has unequivo- he has to work every day and decide later to others is not corroboration, cally denied them. these cases. but it does go to her credibility. That So I conclude that, under all of the Until the second hearing for Judge she did not report her incident earlier circumstances, including the nature of Kavanaugh, following Professor Ford’s is not dispositive. Victims in similar the evidence brought forward and how testimony, I don’t believe anybody situations frequently do not report for that evidence would be proven to us, really questioned Judge Kavanaugh’s a number of reasons. The fact that her including how he has lived his adult judicial temperament. His 12 years on very good friend, allegedly at the party life, and after seven FBI investigations the Court of Appeals for the District of in question, and the only other girl now, it is more probable than not that Columbia revealed a very careful and present, according to Professor Ford, the accusations against him are not courteous and engaged judge—fair to did not become aware of the accusa- true and therefore disqualifying for his the parties, reasonable to the lawyers, tions that night, does raise some ques- nomination. and collegial to his colleagues. It was tions. And that particular witness, de- That brings me to the fifth and final only when responding to the attacks on spite her obvious friendship with Pro- point of my discussion: lifelong consid- his character that he even showed fessor Ford, has continued to insist erations of suitability to serve. much emotion. I believe that most hon- that she has no recollection of the I noted the qualifications for judges, est observers would allow him some party in question or of Brett their judicial temperament, the way slack for that in view of the nature of Kavanaugh. they approach judging cases, their the allegations against him. I have either read all of the FBI record of writing opinions, what they Much like the need to show some le- notes or have had them read to me, and have said and how they have said it— nience in evaluating the testimony of a I have been briefed by the committee that is the first thing we look at, but

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.031 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6529 we also look at the whole person, and sociate Justice of the Supreme Court of outsourced the vetting of Supreme that is an appropriate thing to do. So the United States. Court nominees to the Federalist Soci- let’s look at Judge Kavanaugh’s whole Should he be confirmed to this posi- ety and the Heritage Foundation. person. tion of awesome responsibility, Judge These ultra-rightwing groups have First of all, I would like to note some Kavanaugh would be just one of nine spent decades supporting people like things that I think are not relevant to people with the power to change the Brett Kavanaugh and their ideological, his competence to serve on the Su- American Government and the Amer- outcome-driven jurisprudence. preme Court but which we have heard a ican way of life for at least a genera- After months of scrutinizing Judge lot about. Not relevant are Judge Bork, tion. He would be hearing and deciding Kavanaugh’s record and evaluating his Justice Thomas, Judge Garland, or ar- cases that touch all facets of our lives, performance before the Judiciary Com- guments about who started the un- including the healthcare we receive mittee in two hearings, it is clear that seemly process we are in now. when the Texas case involving the Af- the answer to most of these questions By the way, let me just as an aside fordable Care Act’s individual mandate is no. His judicial record is deeply ideo- here note that in one of the interviews makes its way to the Supreme Court. logical and outcome-driven, he remains with a Senator, the interview started This particular case is very important a fierce political partisan operative, as follows: Judge Kavanaugh, glad you because if Texas wins, that means the and he holds troubling legal views on came in today, but I can tell you that ACA’s protections for those with pre- Native Hawaiians, Native Americans, this is going to be very, very hard be- existing conditions—one out of four and Alaska Natives. cause of what happened to Judge Gar- people in this country—would be done These patterns were clear based on land. Well, you can have your views as away with. the weeks I spent reviewing Judge to whether Judge Garland was treated The Supreme Court will also prob- Kavanaugh’s writings, his judicial deci- fairly or not, but that should have no ably get a lot of immigration cases and sions, and the small fraction of his bearing on the qualifications of Judge many cases about DACA, sanctuary records made available from his time Kavanaugh to be confirmed to the U.S. sites, temporary protective status, and as a key White House aide to President Supreme Court. family separation that are pending in George W. Bush. I became even more Other not relevant things are com- the lower courts, and also abortion, as certain of my decision to oppose his ments from the President of the United courts weigh the burden imposed on a nomination after his first hearing in States, including unfair comments woman’s right to choose by laws lim- the Judiciary Committee and after about Professor Ford. Also not rel- iting abortion in States like Texas, reading the mostly dismissive non-an- evant is the outcome of this debate on Iowa, and Louisiana. It doesn’t really swers he gave to our followup written elections or on President Trump’s fu- matter? Of course it matters whether questions. ture. Nor is this about punishing Judge Roe v. Wade is overturned, but even if There are plenty of substantive rea- Kavanaugh because some crime vic- Roe v. Wade is not overturned, with sons to oppose Brett Kavanaugh’s nom- tims have not previously received jus- Judge Kavanaugh’s record, all of these ination, and I will continue speaking tice. The most recent claim here now is limiting laws by States that I just out about many of these reasons in the about process. I think his qualifica- talked about will probably be sup- coming days, but over the past 21⁄2 tions having been well established, now ported by him, and at some point, the weeks, we have learned new informa- they are claiming that the process is right to an abortion that we have tion that underscored my concern that lacking and is not fair. Obviously, what under Roe v. Wade will be pretty much Brett Kavanaugh lacks the character, this is not about is whether the FBI a nullity. candor, credibility, and temperament was allowed to do its work, as I believe The Supreme Court will also be faced to serve on the Supreme Court. it was. with cases that will address the right Last week, the Senate Judiciary The vote we will be casting tomorrow of workers to bargain collectively with Committee heard testimony from Dr. should not be a surrogate for some their employers, as litigation comes up Christine Blasey Ford and Brett other agenda; it should be simply our to the High Court in the wake of the Kavanaugh about Dr. Ford’s account of judgment of Judge Kavanaugh’s fitness Janus decision, and many other impor- an attack on her by the nominee and a to serve on the Supreme Court, our ad- tant topics, including voting rights, friend when they were all teenagers. vice on and potential consent to his gerrymandering, the census, race-con- Dr. Ford conducted herself with grace nomination by the President. scious college admissions, and environ- and courage, recounting the terrifying As I said, having been with him in mental laws. experience that has had a lasting effect interviews, the majority of my col- The Supreme Court’s decisions touch on her life. leagues have otherwise gotten to know every aspect of American life. With so In his testimony, Judge Kavanaugh him. Having witnessed and learned of much at stake, the Senate has an obli- dropped the polite veneer he presented the esteem in which he is held by col- gation to closely scrutinize every at his first hearing, during which he leagues, former law clerks, students, nominee to the Supreme Court. We complimented all the Senators he had and professional friends, and being need to know that they have the quali- met with and told the committee that aware of his contributions to his com- fications for the job. Do they have the ‘‘[t]he Supreme Court must never be munity, his country, his church, and proper education? Do they have the viewed as a partisan institution.’’ That his family, I conclude that he is immi- necessary breadth of experience? Will was then, but last Thursday, he nently qualified to serve on the Su- they treat everyone in the Court—in- launched into a partisan political preme Court and will serve the Nation cluding Court employees, law clerks, screed that contradicted everything he well in the position of Associate Jus- and lawyers—with an even tempera- has ever professed to believe about the tice. ment? Can they keep their cool under way judges should behave. He said: As I said, the best evidence of how he pressure and make reasoned decisions ‘‘This whole two-week effort has been a would perform as a Justice is how he when the stakes are high? Can they lis- calculated and orchestrated political has performed over the dozen years he ten to the facts and apply the law with- hit, fueled with apparent pent-up anger has been a judge on the U.S. Court of out fear or favor, or will they let the about President Trump and the 2016 Appeals for the District of Columbia. I experiences they bring with them over- election, fear that has been unfairly urge my colleagues to focus on the ride objective judgment? Will they in- stoked about my judicial record, re- question at hand, and I urge them to sert their personal preferences where venge on behalf of the Clintons and support Judge Brett Kavanaugh’s nom- they don’t belong? We need to know if millions of dollars in money from out- ination to the Supreme Court. they can rule fairly. Will they give side left-wing opposition groups.’’ The PRESIDING OFFICER (Mr. every litigant who comes before the I have to say, sitting there listening YOUNG). The Senator from Hawaii. Court a fair hearing? Will they ac- to him be so totally partisan was bi- Ms. HIRONO. Mr. President, tomor- knowledge and put aside their biases, zarre. What he said was bizarre. He was row we will cast a very important vote inherent and otherwise? These last two angry, he was belligerent, he was par- on whether to end debate on the nomi- considerations are especially impor- tisan, he went on the attack, and he ar- nation of Brett Kavanaugh to be an As- tant because the Trump administration gued with Senators. He forgot who was

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.032 S04OCPT1 S6530 CONGRESSIONAL RECORD — SENATE October 4, 2018 there to ask the questions and who was We have differing views about the other with the most recent FBI investiga- there to answer them. These are not qualifications of Judge Kavanaugh. But we tion. We asked for a meeting between qualities to look for in a Supreme are united, as professors of law and scholars the chairman and the minority mem- of judicial institutions, in believing that he Court Justice. did not display the impartiality and judicial bers ‘‘to establish bipartisan ground More than 1,700 law professors across temperament requisite to sit on the highest rules for public discussion of the infor- the country agree, including Dean Avi court of our land. mation provided by the FBI’’ and this Soifer and 6 other professors from the Ms. HIRONO. Judge Kavanaugh also most recent, totally truncated and in- University of Hawaii and 21 professors tried to convince us that while he adequate investigation—those last from Georgetown University Law Cen- ‘‘liked beer,’’ he was basically a choir were my words—but both requests were ter, both my alma maters. I want to boy—interested in nothing more than rejected. quote what a law professor said: sports, school, and service projects. I had hoped the FBI would exhaust We have differing views about the other This carefully painted image has been all possible avenues of investigation qualifications of Judge Kavanaugh. But we directly contradicted by Judge relevant to whether Judge Kavanaugh are united, as professors of law and scholars Kavanaugh’s own words in his year- had a pattern of drinking that resulted of judicial institutions, in believing that book and by many of his high school in aggression and belligerence toward Judge Kavanaugh did not display the impar- and college classmates over the past women. I had hoped they would follow tiality and judicial temperament requisite to leads given to them by Dr. Ford and sit on the highest court of our land. weeks. These inconsistencies and contradic- Ms. Ramirez. I had hoped they would Mr. President, I ask unanimous con- tions were part of the reason I joined be permitted by the White House to do sent that a copy of this letter from the many of my colleagues in calling for a the job we know they can do—the job law professors be printed in the full FBI investigation of allegations former Director James Comey said RECORD. against Judge Kavanaugh. I wanted the they could do. Instead, as we now There being no objection, the mate- FBI to examine inconsistencies and know, they were only allowed to do the rial was ordered to be printed in the contradictions between his testimony bare minimum. RECORD, as follows: and that of others who knew him in As we know from news reports, there [From the New York Times, October 3, 2018] high school, college, and beyond. are dozens of people with relevant in- OPINION—THE SENATE SHOULD NOT CONFIRM Last Friday, Senators FLAKE and formation, some of whom say they KAVANAUGH COONS brokered an agreement to hold have corroborating evidence, who need The following letter will be presented to off on a floor vote for at least a week to be interviewed, but they were not. the United States Senate on Oct. 4. It will be while a supplemental background in- It is simply impossible, after seeing updated as more signatures are received. vestigation could be completed to look the results of the FBI’s supplemental Judicial temperament is one of the most into these allegations. But I was dis- work—and I hesitate to call it an in- important qualities of a judge. As the Con- gressional Research Service explains, a judge appointed that as the days went by, it vestigation—that anybody could think requires ‘‘a personality that is even-handed, became more and more clear that the it was in any way, shape, or form the unbiased, impartial, courteous yet firm, and White House rigged the investigation. comprehensive investigation the Presi- dedicated to a process, not a result.’’ The The President claimed to want the FBI dent promised. This so-called inves- concern for judicial temperament dates back to do a comprehensive investigation, tigation is a sham. It is a fig leaf for to our founding; in Federalist 78, titled but that did not happen. the Republicans to hide behind. It is a ‘‘Judges as Guardians of the Constitution,’’ Our ranking member, Senator FEIN- talking point for their continued and Alexander Hamilton expressed the need for STEIN, wrote to White House Counsel predictable criticism of Democrats. ‘‘the integrity and moderation of the judici- Don McGahn and FBI Director Chris- ary.’’ They will say: See? You wanted an FBI We are law professors who teach, research topher Wray the day after the inves- investigation, and you got one. But and write about the judicial institutions of tigation began to request a copy of the now it isn’t good enough for you. this country. Many of us appear in state and written directive sent by the White Who are they kidding? This is a sham federal court, and our work means that we House to the FBI. She got no response. investigation. This so-called investiga- will continue to do so, including before the The following day, many other mem- tion wasn’t good enough for me, and it United States Supreme Court. We regret bers of the committee also wrote to shouldn’t be good enough to satisfy the that we feel compelled to write to you, our Mr. McGahn and Director Wray about American people. Judge Kavanaugh has Senators, to provide our views that at the a burden—not a burden of proof like in Senate hearings on Sept. 27, Judge Brett the supplemental investigation. Kavanaugh displayed a lack of judicial tem- In addition to repeating the ranking a court but the burden to show us he perament that would be disqualifying for any member’s request for an explanation of has not just the credentials for the job court, and certainly for elevation to the the scope of the investigation, we also but the temperament and the character highest court of this land. asked that it be comprehensive. We necessary for this lifetime appoint- The question at issue was of course painful wanted all serious allegations against ment. for anyone. But Judge Kavanaugh exhibited the nominee to be investigated. Of I have said many times that Demo- a lack of commitment to judicious inquiry. course, we would expect, in a com- crats didn’t need to manufacture rea- Instead of being open to the necessary search prehensive investigation, that all ap- sons to oppose Judge Kavanaugh’s ele- for accuracy, Judge Kavanaugh was repeat- edly aggressive with questioners. Even in his propriate witnesses would be ques- vation to the Supreme Court. Based on prepared remarks, Judge Kavanaugh de- tioned. We asked that the FBI ‘‘per- his record, his opinions and his dis- scribed the hearing as partisan, referring to form all logical steps related to these sents, his academic writings and it as ‘‘a calculated and orchestrated political allegations, including interviewing speeches, I had concluded before these hit,’’ rather than acknowledging the need for other individuals who might have rel- new reports came forward that he the Senate, faced with new information, to evant information and gathering evi- would not be fair and objective on the try to understand what had transpired. In- dence related to the truthfulness of Supreme Court. His views on reproduc- stead of trying to sort out with reason and statements made in relation to these tive rights, Native rights, legal protec- care the allegations that were raised, Judge Kavanaugh responded in an intemperate, in- allegations.’’ We got no response. tions for workers, consumers, and the flammatory and partial manner, as he inter- Just yesterday, I joined a letter with environment are all of deep concern to rupted and, at times, was discourteous to many of my committee colleagues ask- me, not to mention his expansive views senators. ing Chairman GRASSLEY to prevent on Executive power, including pro- As you know, under two statutes governing public mischaracterization or selective tecting a sitting President from crimi- bias and recusal, judges must step aside if leaks of the results of the FBI’s pre- nal or civil proceedings. they are at risk of being perceived as or of vious work. We urged him to ‘‘call for Now that we have heard Dr. Ford’s being unfair. As Congress has previously put a full Senate briefing by the FBI . . . account and seen Judge Kavanaugh’s it, a judge or justice ‘‘shall disqualify him- so that all Senators hear the same in- angry and combative reaction, it is evi- self in any proceeding in which his impar- tiality might reasonably be questioned.’’ formation and have the same oppor- dent that he should not serve on and These statutes are part of a myriad of legal tunity to question the FBI before any should not be confirmed to the Su- commitments to the impartiality of the judi- floor vote on the Kavanaugh nomina- preme Court for a lifetime, decades of ciary, which is the cornerstone of the courts. tion.’’ These are requests having to do making decisions that will impact our

VerDate Sep 11 2014 03:36 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.034 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6531 lives on all of these areas on which he Even more important than anything on the Supreme Court that impact has a very troubling record. We can do we saw was how much we were not able women and families and the future of better, and the American people de- to see because the investigation was our country, which takes me to my serve better. limited. Once again, the voices of second point: Judge Kavanaugh’s seri- I yield the floor. women and their experiences have been ous credibility issues. I suggest the absence of a quorum. silenced and pushed aside. I went through this in some detail on The PRESIDING OFFICER. The So the questions everyone should be the floor yesterday. I will not go clerk will call the roll. asking right now are, What are Repub- through all of it again, but time and The legislative clerk proceeded to lican leaders so afraid the FBI would again, in his initial hearing and then call the roll. find if they were allowed to take the even further in his second hearing, The PRESIDING OFFICER. The Sen- full week to truly conduct a thorough Judge Kavanaugh made it clear he has ator from Washington. investigation and talk to all of the rel- serious issues with the truth. Mrs. MURRAY. Mr. President, I ask evant witnesses? What are they trying He testified under oath directly to unanimous consent that the order for to hide, and why will they not allow Senators and made claims that simply the quorum call be rescinded. this to be done right when we are talk- defy belief on issues big and small. The PRESIDING OFFICER. Without ing about a nomination to the highest Again and again, he made claims that objection, it is so ordered. Court in the land? were contradicted either through Mrs. MURRAY. Mr. President, I come So I come to the floor to make three emails that were uncovered or from to the floor to join in opposition to points to urge my colleagues to vote no others who felt compelled to come for- Judge Kavanaugh and call on my col- and stop this mad dash to a rushed con- ward after hearing what he said that leagues to join me in voting against firmation. simply did not align with what they this mad dash to jam through a life- First, I am going to talk about what knew to be true. time appointment to the Supreme we know about the serious and credible If we can’t trust what he has said to Court. allegations against Judge Kavanaugh us on those issues, if we know some of Last week, Democrats and Repub- by Dr. Ford and others; second, I am what he said is simply false, how can licans stood together to ask Repub- going to run through, once again, the we trust him on so many other issues? lican leaders to allow the bare min- serious credibility problems that have Surely, the least we can expect from imum—an FBI investigation into the been raised regarding Judge someone nominated to serve on our Na- new allegations that have come in. Kavanaugh; and finally, I will high- tion’s highest Court has a basic com- This wasn’t an unreasonable request. It light, once again, the real tempera- mitment to honesty and truth, espe- happens all the time with nominees ment concerns so many of us have cially while under oath. This shouldn’t and for far less important positions based on what we saw from Judge be a partisan issue. It is just common than a lifetime seat on the Supreme Kavanaugh at the last hearing. sense, which brings me to the third Court. It is the very least that should First and foremost, I believe Dr. point I want to make. be done when serious allegations like Ford. She has absolutely no reason to Like so many people watching last these remain, to make sure we are lie, and she had no interest in making week’s hearing, I was shocked by Judge hearing from all relevant witnesses and this public before she was compelled Kavanaugh’s raw anger, his rage, dis- bringing all relevant information in for to, citing her civic duty. We all saw her respect, sense of entitlement, and consideration, but this simply has not at the hearing, and like so many people sneering condescension; from his ap- happened. across the country, I was riveted, and I parent bafflement that he even had to This morning, I went in for a briefing watched with tears in my eyes. Dr. respond to credible allegations against on the new FBI investigation, and it Ford was so brave and compelling. She him to his attempt to throw questions was very clear to anyone who reviewed was so real. The memories she re- back at Senators, asking them instead the material that Senate Republican counted were heartbreaking; the fear of actually answering them himself, to leaders and President Trump cut the she felt when she was being attacked; his open partisanship, his bitterness, to FBI off and refused to allow them to the relief she felt when she finally his rage and anger, and so much more. conduct the comprehensive and thor- made it out of the house; the laughter I cannot imagine any Senator seeing ough investigation that was promised between Brett Kavanaugh and Mark what we saw in that hearing, watching to Democrats and Republicans. Judge she will never forget; the fact a nominee make a display like that and Instead, this was rigged from the that she is 100 percent sure it was Brett thinking this person is fit to serve as start to protect Judge Kavanaugh be- Kavanaugh who attacked her. an impartial judge on our Nation’s cause here is what we know, and this Millions of people watched her, and highest Court. has been reported in the press: Dr. Ford so many women and survivors were in- I know President Trump loved Judge was not interviewed despite her re- spired by her bravery. Dr. Ford made a Kavanaugh’s performance. It seemed to peated requests. We know Judge credible allegation of a serious offense inspire him to move from calling Dr. Kavanaugh was not questioned. We that needs to be taken seriously. Ford a credible witness to openly have heard from so many other wit- We have also heard from other mocking and attacking her, and it nesses who were desperate to talk to women—Ms. Ramirez, Ms. Swetnick— sounds like it has galvanized him to the FBI—desperate—because they had with their own experiences to share. fight even harder for the man whose relevant information they wanted to They should be listened to. They anger and defensiveness he clearly share in confidence. As far as we know, should be heard. We should presume identifies so closely with. they were never even contacted, and they are telling the truth, and Repub- I thought it was truly awful. It was now Senators had to line up to read a lican leaders should allow a full inves- not the kind of temperament we should single copy of a limited FBI report over tigation into their allegations because, want on the Supreme Court, and I can the course of today. We are not allowed in the end, despite what some Repub- only hope enough of our colleagues to share what we saw or take notes out licans tried to claim, this is not a trial. agree. of the room, and we are not permitted We are not supposed to weigh evidence Once again, I believe Dr. Ford, and, to ask the FBI agents who actually and make judgment about innocence or to me, Judge Kavanaugh has shown so conducted the investigation any ques- guilt. Our job as Senators is to weigh clearly he does not have the tempera- tions. what we know, weigh what we hear, ment or credibility to serve on the Su- Although I am not permitted to weigh what we learn, and use our own preme Court, but for any of my col- share what I heard and read in the judgment to determine whether a leagues who may not be persuaded and briefing, I can say absolutely nothing I nominee deserves a promotion to the have bravely stood up to ask for more saw makes me believe Dr. Ford any highest Court in the land. Based on ev- information and a thorough investiga- less, and, in fact, based on what I saw, erything I know about the allegations tion and for all of us who believe the I am even more concerned about the made against Judge Kavanaugh, he Senate should do its job and get this veracity of some of what we heard from should not be confirmed, and he should right, we can’t rush this to a finish Judge Kavanaugh. not be in a position to make decisions line.

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.038 S04OCPT1 S6532 CONGRESSIONAL RECORD — SENATE October 4, 2018 A truly thorough investigation must our children, to women, to victims of call for a delay to seek a more thor- be completed, as promised, so Senators sexual assault about the values we ough FBI investigation. Unfortunately, hear from all the relevant witnesses stand for? Do they not matter? Is this once again, the rush to get a predeter- and gather all the relevant information the society that we want our sons and mined outcome has undermined the in- before we cast a vote on this confirma- daughters to grow up in? We all know tegrity of the process. tion. It can be done quickly, but it has full well the weight of who fills this de- Dr. Ford told us that she was abso- to be done right because if this does ciding vote on our Nation’s highest lutely willing to participate in an FBI end up being jammed through, as ap- Court. investigation to get to the bottom of parently currently Republican leaders Whomever we confirm as our next Judge Kavanaugh’s alleged assault, but intend to do, it will completely under- Supreme Court Justice will decide according to her, she was not even mine the public’s trust and the credi- major cases that shape the daily lives interviewed by the FBI as part of this bility of the Supreme Court as infor- of Americans for decades to come, but reopened investigation. The FBI did mation continues to come out from in- this is not a time for simply thinking interview another accuser, Deborah vestigations that will continue wheth- about the judicial philosophies that we Ramirez, who has alleged that Judge er or not he is confirmed. It will elimi- believe should shape opinions on the Kavanaugh exposed himself to her dur- nate any remaining trust people have bench. I have made it clear that I op- ing her freshman year at Yale. How- in Senate Republican leaders to allow pose Judge Kavanaugh’s nomination ever, dozens of others sought to bring us to fulfill our constitutional advice based on the substance of his views and evidence forward and the FBI ignored and consent role and not just be a the broken process being used to rush their willingness to offer testimony. rubberstamp for the President, and it this nomination through the Senate on Again, key witnesses, including Judge will cause tremendous anger and back- a partisan basis. Kavanaugh and Dr. Ford, were not even lash across the country from those who From the very start, Republicans interviewed by the FBI. The FBI was so are shocked to see the voices of women have pushed this nomination through constrained by the White House in this and survivors ignored like this. at a breakneck pace, hiding from the matter that I would not call this an in- I ran for the Senate after I saw what public Judge Kavanaugh’s record and vestigation. happened to Anita Hill in 1991. Based the dangerous consequences of his ex- This is unjust. This sends a on everything I am seeing and hearing treme views on many important issues. harrowing message to women and girls across the country, all the anger and That willful blindness, the absence of a all around the Nation who have been energy and focus, I am confident that if thorough vetting process, and the mad victims of sexual violence. We must women and their voices are attacked, dash to hastily confirm their nominee not toss aside a fair and impartial undermined, and disrespected once at all costs before this fall’s election process in favor of a hurried political again, we are going to see a wave of has led us to the crisis that we face endgame. Before we take one of the anger and frustration and activism today. most consequential votes that any of that makes 1992 look like a ripple. We This has now become an even more us will ever take, shouldn’t we want to still have time to do this right. We still fundamental test of how seriously we get to the bottom of this? have time to do better than the Senate as Senators take our duty of advice Even beyond what we could learn did in 1991. We still have time to re- and consent on enormously consequen- from a real investigation, there is al- store the public’s faith that women tial Presidential appointments. ready reason to doubt Judge will be listened to. Multiple women have come forward Kavanaugh’s credibility and his can- I urge my colleagues to join me, vote publicly to accuse Brett Kavanaugh of dor. no tomorrow, and end this mad dash to sexual misconduct. While we will never Despite the fact that the White confirmation. be able to adjudicate these allegations House tried to limit the scope of the I yield the floor. in the same way as a criminal pro- FBI’s work so drastically that I The PRESIDING OFFICER. The Sen- ceeding, we have an obligation to wouldn’t characterize it as an inves- ator from New Mexico. Mr. HEINRICH. Mr. President, I ask weigh these accusations carefully and tigation, the FBI’s report still manages unanimous consent to speak as in seriously as we consider Judge to raise very serious questions about morning business. Kavanaugh’s fitness to serve on the Su- Judge Kavanaugh’s truthfulness. Dur- The PRESIDING OFFICER. Without preme Court. ing his confirmation process, Judge objection, it is so ordered. I, for one, after reviewing all of the Kavanaugh began by misleading the Mr. HEINRICH. Mr. President, I am information that we have and after lis- Senate on small things. He misled the deeply saddened that the words I am tening to the testimony last week be- Senate on consequential questions about to deliver even need to be said in fore the Judiciary Committee, have to about his time in the Bush White the first place, but I have to ask: How say clearly and forcefully that I believe House. Last week, when faced with se- can we possibly continue to move for- Dr. Ford. When a victim of sexual as- rious questions about the sexual as- ward or, as in the majority leader’s sault comes forward to make a sault allegations and questions about own words, ‘‘plow right through’’ to harrowing allegation like this, it takes his character, Judge Kavanaugh confirm a lifetime appointment on our tremendous courage, and it shouldn’t dodged, dismissed and ranted. He was Nation’s Supreme Court in the wake of be dismissed. Under incredible duress not able to refute the serious accusa- both credible allegations of sexual mis- and at a great personal cost, Dr. Ford tions leveled against him, and neither conduct leveled against the nominee came forward to share the painful de- did the FBI report. Based on what we Brett Kavanaugh and serious questions tails of how Brett Kavanaugh assaulted have heard since from people who knew concerning his judicial temperament? her while she was in high school. I him at the time, there is substantial Republicans are ignoring very real don’t know how anyone watching her reason to believe that he was not being questions about his credibility and are testimony could question her sincerity truthful about his conduct. intent on hiding his record. Even or the seriousness of her experience, If Dr. Ford’s testimony is the truth— worse, they are in such a rush that but some Republicans seem to be fol- and I believe it is—then Judge most of them did not even want the lowing President Trump’s lead here Kavanaugh should be disqualified from FBI to reopen Judge Kavanaugh’s and are choosing to jeer and dismiss serving on the Supreme Court. background check to help us get to the Dr. Ford rather than take her testi- Once again, I fully acknowledge the bottom of this, and when the FBI did mony seriously. As I have said before, stakes of this nomination. I understand reopen the investigation, the White all of the sexual assault allegations how much my Republican colleagues House limited its scope so much it did made against Judge Kavanaugh deserve want to appoint someone they agree not follow multiple credible leads. a thorough professional investigation with on important issues that may Now we as Senators have barely 24 by the FBI before proceeding with any come before this Court, but we can- hours to review their findings before vote on his nomination to the highest not—we should not—rush to confirm a scrambling to a vote. Court in the land. man to a lifetime appointment to the As the whole Nation watches, what I was relieved to see my colleague highest Court in the land under such a message is the U.S. Senate sending to Senator FLAKE of Arizona speak up and dark cloud of credible allegations—not

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.040 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6533 to such a critical seat at such a critical don’t think could keep someone in an associated with that organization. time. American jail overnight. I read it and That is the level of the allegation. In Last week’s hearing should have been felt so strongly about it that I decided fact, it is one the more popular dishes the beginning of looking into this seri- to go to Turkey and be in the court- enjoyed by many people—Kurds, Turks, ous allegation, not the end. If there is room for 16 hours when he sat through and a number of people in the Middle nothing to hide and if there is informa- his nearly 12-hour hearing. East—but those are the unsubstan- tion that would exonerate Judge I was in that courtroom for the whole tiated allegations that have kept this Kavanaugh from the accusations that time, a courtroom just outside of man in prison for 2 years and could po- have been leveled against him, then a Izmir. It was the second time I was tentially keep him in prison for 35 real indepth investigation would help there. I was there 2 months earlier to years. us reach those conclusions. Instead, visit him in prison and to let him know He is coming up on his final court Republicans continue to rush this proc- that the U.S. Senate and the U.S. Con- date, where they will either release ess and press forward with a predeter- gress knows he is there and we are not him or imprison him. mined set of conclusions. It makes one going to forget him. We had nearly 70 I want to thank President Trump for wonder if my Republican colleagues ac- Senators sign on to a letter to that ef- making this a priority. I want to thank tually want to know the truth. fect. Secretary of State Pompeo for making We cannot allow these allegations to The reason I do this speech is to re- this a priority. I want to thank my col- be swept under the rug. The message mind the American people about Pas- leagues, including the Presiding Offi- that would send to victims of sexual tor Brunson and to remind them about cer, who voted on a provision in the assault and abuse would be dev- other Americans and Turkish-Ameri- National Defense Authorization Act astating. It would effectively state to cans who are in prison, suggesting that that says: Turkey, if you go down this them that even if they come forward, they were a part of trying to overthrow path, there will be consequences. If you there will be no justice; that they will President Erdogan’s government. go down this path, you may not see the be ignored or, worse yet, mocked, in It will be 2 years on the 7th of this F–35 Joint Strike Fighter ever on the case of the President. All people re- month. That is 727 days that he has Turkish territory. We may have to gardless of gender, sexual orientation, been held in prison. rethink the supply chain that runs or ethnic background should have the But what I want to talk about is kind through Turkey to build the F–35. We same right to live free from domestic of related to a subject we are dis- may actually have to take additional and sexual violence. cussing on the floor in another matter, measures. I am truly stunned that we are mov- and that is unsubstantiated allega- I am watching them. Right now, I am ing forward with this confirmation tions. This man has over 11 unsubstan- trying to show them respect and hope vote. If we can’t pause to make sure we tiated allegations. What does that that they do the right thing, but I want get this right, the institution of the mean? Pastor Brunson and his wife Norine and Supreme Court will lose the public’s Somebody says: I saw somebody do all of the people who belong to his faith as an embodiment of justice. So I this. church—the same church that the Rev- will ask one more time: What are we Yet they produce nobody else that erend Billy Graham was associated doing here? Can we not do better than can actually corroborate it, in other with—to know that if justice is not this? words, saying: Yes, I remember that I think we must. The integrity of the served, then, we will continue to put happening; I agree with that testi- highest Court in the land hangs in the the pressure on Turkey in any way mony. balance. What we stand for as a nation that I can for as long as I am a U.S. There were 11 different allegations. hangs in the balance. Senator. Many of the people who testified The PRESIDING OFFICER. The Sen- Tonight I would just ask anybody ator from North Carolina. wouldn’t even show their faces. They watching this on C-Span and all of my were on a video screen with digital colleagues to just pray for Pastor CALLING FOR THE RELEASE OF PASTOR ANDREW blocking and with their voices hidden. BRUNSON Brunson, to pray for his release. I hope Mr. TILLIS. Mr. President, I know Some of them we now know are in that I don’t have to come to you for ad- that the Presiding Officer has been Turkish prisons themselves. ditional support to remind Turkey that present in the Chair a few times when None of the allegations have been our American justice system would I have given this speech. It is not a pre- corroborated by a single person. Yet never put a Turkish person in prison pared speech. It is an update on a trav- this American, this man who was and our NATO ally should understand esty of justice that is continuing in bringing the word of God to the people that we want him treated with respect Turkey. who wanted to hear it—he wasn’t forc- and their very strong partner, the Today is October 4. On October 7, ing it on them; he was asking them United States of America, treated with 2016, a man named Andrew Brunson, a into the church if they wanted to sit respect. Presbyterian minister from my State through a service on a Sunday or dur- I yield the floor. of North Carolina, up near Black ing the week—was put in prison. He The PRESIDING OFFICER. The Sen- Mountain, was arrested by Turkish au- was put in prison for allegations. ator from South Dakota. thorities. One person who is also in prison said Mr. THUNE. Mr. President, a long Pastor Brunson has been a mis- that one night they saw a light on up and arduous process is finally drawing sionary in Turkey for about 20 years. in the upstairs part of this very small to a close. In the next couple of days, In 2016, there was an illegal coup at- church. It only fits about 100 people, we will vote on Judge Kavanaugh’s tempt. The people associated with it and there is a little office upstairs. confirmation to the U.S. Supreme should go to prison because there There was a light on for 4 hours, and, Court. I will be voting yes. should not be violent changes of power therefore, something bad must have Last week, Dr. Christine Blasey Ford in nations. They have an election proc- been happening in there. testified before the Senate Judiciary ess, and they should honor it. I have no There is another real problem with Committee about an allegation she problem when there is evidence of peo- that allegation. It turns out that when made about Judge Kavanaugh. Dr. ple who have been associated with an I went to Izmir and to that church, Ford deserved to be heard, and she was. illegal coup going to prison, but I have there is no window in that upstairs Her claims deserved to be investigated, a real problem with a man who for the room. Yet that is an unsubstantiated and they were, thoroughly, by the Sen- last 2 years has been in a Turkish pris- allegation that has landed this man in ate Judiciary Committee. Then they on and went 19 months without an in- prison and subjected him to a possible were investigated again by the FBI. dictment. He was held without charges 35-year prison sentence in Turkey. Here is what we have learned after for 19 months. Over the last couple of Another was a media post by his seven FBI background investigations, months, we finally got him into house daughter, who ate a meal that the more than 2 weeks of committee inves- arrest. Turkish authorities said is a meal that tigations, and a day-long hearing in Then they put together an indict- is commonly eaten by terrorist organi- which both sides were heard: There is ment that is truly something that I zations and so, therefore, she must be not one scrap of corroborating evidence

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.041 S04OCPT1 S6534 CONGRESSIONAL RECORD — SENATE October 4, 2018 to back up her claims against Judge for his intellect, his fairness, and his Democrats like to accuse the Presi- Kavanaugh. dedication to the law. dent of using irresponsible rhetoric. I Person after person after person has Former Obama Acting Solicitor Gen- might suggest they take a long hard given testimony of Judge Kavanaugh’s eral Neal Katyal noted this about look in the mirror. good character, both in high school and Judge Kavanaugh: But it is not just the Democrats’ in his adult life. Sixty-five women who I think it’s very hard for anyone who’s rhetoric that has been extreme and ir- knew Judge Kavanaugh in high school worked with him, appeared before him, to, responsible throughout this process, so sent a letter to the Senate Judiciary frankly, say a bad word about him. has their handling of Dr. Ford’s allega- Committee noting that he always In my practice we basically have a rule: If tion. The ranking member on the Sen- treated women with ‘‘decency and re- there’s a Kavanaugh clerk who applies, we hire that person. ate Judiciary Committee, the senior spect.’’ Senator from California, sat on Dr. Thirty-four of Judge Kavanaugh’s It has become clear that for many of Ford’s allegation for 6 weeks without law clerks wrote a letter on his nomi- my Democratic colleagues, zero evi- sharing the allegation with Repub- nation which said, in part: dence was never going to be enough. In- licans. nocent until proven guilty doesn’t Our views on politics, on many of the im- During that time, she never once portant legal issues faced by the Supreme seem to be a concept that my Demo- questioned Judge Kavanaugh about the cratic colleagues understand. Instead, Court, and on judicial philosophy, are di- verse. Our ranks include Republicans, Demo- accusation, despite having multiple my Democratic colleagues seem to be crats, and Independents. But we are united chances to do so, both in public and in putting forth a new standard: Guilty no in this: Our admiration and fondness for private. If the ranking member matter what, even with evidence to the Judge Kavanaugh run deep. For each of us thought this accusation was credible, contrary, which is scary because inno- . . . it was a tremendous stroke of luck to she had an absolute responsibility to cent until proven guilty is a pretty work for and be mentored by a person of his disclose it to the committee or to the foundational principle of our system of strength of character, generosity of spirit, FBI immediately. She also had an obli- intellectual capacity, and unwavering care government, and it is a powerful safe- gation to ask Judge Kavanaugh about guard against destroying the lives of for his family, friends, colleagues, and us, his law clerks. it. She did neither. innocent people with false accusations. If, on the other hand, she thought it The truth is, to many of our Demo- Supreme Court Justice Elena Kagan—certainly not someone Demo- was false—which is the only excuse for cratic colleagues, Judge Kavanaugh her silence—then the Democrats’ deci- has been guilty since the moment he crats think of as either evil or an ex- tremist—hired Judge Kavanaugh to sion to exploit this accusation for po- was nominated. He is guilty of being a litical gain is appalling. In either case, Republican. He is guilty of being nomi- teach at Harvard Law School, where he has served as the Williston Lecturer on Democrats have behaved with a total nated by a Republican President. He is lack of responsibility throughout this guilty of pledging his allegiance to the Law. Both inside and outside his profes- process. law instead of to Democrats’ preferred Not only have they shown not the judicial outcomes. So any means of de- sion, those who know him praise his character. slightest concern about the possibility feating him became fair game, no mat- of tarnishing a good man’s name, they ter how unjust, no matter how out- Eighty-four women who worked with him in the Bush administration sent a also displayed no real concern for Dr. landish. Ford. Clearly, they had no particular Dr. Ford certainly deserved to have letter praising him as ‘‘a man of the interest in giving her or her allegation her claims heard and investigated, but highest integrity.’’ a hearing until it became politically Democrats didn’t stop there. They gave A self-described liberal Democrat and expedient to do so. If they had really credence to almost every accusation feminist lawyer who knows Judge that was thrown out, no matter how ri- Kavanaugh and knows him well wrote cared about her accusation, they would diculous or uncorroborated. It didn’t the following in an op-ed for Politico: have brought it up immediately and matter if no less a paper than the New My standard is whether the nominee is un- questioned Judge Kavanaugh about it York Times had declined to publish an questionably well-qualified, brilliant, has in- immediately. Instead, they held it in accusation for lack of any corrobora- tegrity, and is within the mainstream of reserve, apparently to be deployed in legal thought. Kavanaugh easily meets those tion. If it would slow down Judge the event that they needed it to delay criteria. the confirmation process. Kavanaugh’s confirmation, they Just as a Democratic nominee with similar grabbed onto it. It is shameful but not surprising. As credentials and mainstream legal views de- I said earlier, Democrats made clear At least one Democratic Senator sug- serves to be confirmed, so, too, does gested that we needed an FBI inves- Kavanaugh—not because he will come out from the beginning that they would do tigation because Judge Kavanaugh had the way I want in each case and even most anything they could to defeat Judge thrown ice at someone in college. Ap- cases, but because he will do the job with Kavanaugh’s nomination. Throughout parently, throwing ice in college is now dignity, intelligence, empathy, and integ- this process, they have grasped any grounds for an FBI investigation. What rity. straw that appeared: too few docu- is next—an FBI investigation because That is from a liberal lawyer. This is ments, too many documents, an unre- Judge Kavanaugh stole another kid’s the man that the junior Democrat from lated investigation, outlandish accusa- toy in preschool or because he didn’t New Jersey said it would be ‘‘evil’’ to tions. share his swing on the playground dur- support. Then, after last week’s hearing, when ing recess? I frequently disagree with my Demo- it became clear there was no evidence The confirmation process for Judge cratic colleagues on policy issues, of- against Judge Kavanaugh, they jumped Kavanaugh has gotten particularly tentimes quite strongly, but I don’t go on his demeanor at the hearing. Now ugly in the last couple of weeks, but around calling my colleagues ‘‘evil’’ he was unqualified because he passion- the truth is, it was ugly from the be- because we disagree. I know that word ately defended his good name in front ginning. Long before Dr. Ford had should be reserved for people who have of the committee. Apparently, it is not made any accusations, one Democratic truly malicious motivations or who OK to be angry when your good name Senator on the Judiciary Committee have done truly terrible things—not has been dragged through the mud and said that those who supported Judge people who, like me, want to do what is your family has been threatened. Kavanaugh would be complicit in evil. best for our country but have different Today, of course, now that we have For starters, let’s point out that opinions about how to get there. gotten the results of the FBI investiga- Judge Kavanaugh is a mainstream What kind of an example does the tion, which Democrats requested, by judge. During his time on the DC Cir- Senator from New Jersey’s rhetoric set the way, Democrats are now saying cuit, Judge Kavanaugh’s Democrat-ap- for our children—that civil disagree- that Judge Kavanaugh shouldn’t be pointed colleagues have been just as ment is impossible; that anyone whose confirmed because the FBI investiga- likely to join his majority opinions as opinion differs from our own should not tion wasn’t long enough or thorough his Republican-appointed colleagues. be tolerated; that our fellow Americans enough. Judge Kavanaugh has won admira- are not just our political opponents but I would like to ask: Does anyone here tion from across the political spectrum our enemies? think there is any FBI investigation

VerDate Sep 11 2014 00:37 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.043 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6535 that would have satisfied my Demo- the Judiciary Committee meets with tion was held. Apparently, from her cratic colleagues? After all, we know them. They do a week of hearings. own testimony—from Dr. Ford—she Democrats have been opposed to Judge They do extensive work and talk was then advised by the ranking mem- Kavanaugh from the very beginning. A through everything. Outside witnesses ber’s staff: You need to hire an attor- number of them announced their oppo- will come in and will talk about their ney and prepare yourself. Then nothing sition before the ink was even dry on lives. was said for a month. Suddenly, 2 days his nomination. Are we really supposed There is a confidential meeting that before the hearing, a leak comes out of to believe they were going to change happens with all the Senators in which the Judiciary Committee—from some- their minds after yet another FBI in- they sit down and say there were some where—and there was a story in the vestigation? private accusations that might have newspaper about this accuser. Then ev- Despite the well-coordinated intimi- been made or some issues about your erything began to break loose. dation tactics of the far left, we are finances or things that we saw in your What is interesting is that accusa- moving forward. We are about to vote background report that we want to ask tions like these are made for a lot of on Judge Kavanaugh’s nomination, as you about confidentially. different nominees of all different we should be. But I can’t help but re- After all of that is done, there is time types and have been for years and flect on the process of getting here. for questions for the record, and any- years and years. So there is a process I would like to ask my Democratic one who still has questions can submit by which to handle this. When an accu- colleagues if this is what they think them to the nominee. Then it is time sation is made like that, you give it to the process should look like going for- for a vote. the FBI early. It includes it in its ward. Do they really think that Su- That is how it is typically done. background check so as to walk preme Court confirmations should be Quite frankly, that doesn’t look like through it early. You sit down in con- characterized by intense partisanship how it was being done this time with fidential meetings so that accusers and unsubstantiated character at- Judge Brett Kavanaugh. don’t have to go through all of the pub- tacks? Do they really want to do away He was nominated by the President. lic scrutiny. You resolve it in a private with the presumption of innocence and He turned over documents. Boy, did he setting and bring as many witnesses as allow innuendo—the substitute for evi- turn over documents. There was an you want to talk through it, but you dence? Do they really think it is OK to enormous number of documents turned don’t want accusers to have to be pub- stop at nothing to tank a nomination? over by him that were requested and lic, because they don’t like to be pub- Tomorrow and Saturday, I will be continue to be requested. Brett lic. This is something very private and casting my vote for Judge Kavanaugh. Kavanaugh ended up having 480,000 personal to them. Yet that is not what happened with I will be voting for him because he is pages of documents turned over to the Dr. Ford. It was saved. She was just supremely qualified. We all know that. committee. It was more than the past told: Get an attorney. You are going to The Democrats know that. I will be five Supreme Court nominees combined need it. Then her story was plopped out voting for him because he is a man of turned over. into the news, forcing her out, making character and integrity, and I will be There were 57 days from the time he her sit in front of the American people voting for him because I know that he was nominated until the time the first and dragging the American people can be relied on to uphold the rule of hearing actually began with the Judici- through an exceptionally painful sea- law and the Constitution. I invite not ary Committee. That is a longer period just my Republican but my inde- son in our country’s history. of time than it was for Justice At the end of that, there was a hear- pendent-thinking Democratic col- Gorsuch, Justice Kagan, or Justice leagues to join me. It is not too late to ing. Many Americans watched. It was Sotomayor. It was a long period of riveting to try to figure out who was say no to the politics of personal de- time between when he was nominated struction. It is not too late to say no to credible. How do I follow the story? All and when he actually came, and there of this testimony came out from Brett unchecked partisanship. It is not too were more documents that were turned late to put this eminently qualified Kavanaugh who adamantly—force- over than for any other person. He fully—denied anything like this had nominee on the Supreme Court. went through the hearings for 5 days. I yield the floor. ever been done with Dr. Ford or any He went through all of the confidential I suggest the absence of a quorum. other person. It was unequivocal. Dr. The PRESIDING OFFICER. The meetings and those private meetings. Ford said: I 100 percent remember this, clerk will call the roll. He went through every private meeting and here are the three people who will The bill clerk proceeded to call the with every Senator who wanted to also corroborate my story. They were roll. meet privately. there. Mr. LANKFORD. Mr. President, I ask Then it was time for questions for There was a push from my Demo- unanimous consent that the order for the record. There were 1,300 questions cratic colleagues to say that this inves- the quorum call be rescinded. for the record that were given to him tigation had been done by the com- The PRESIDING OFFICER. Without as followup for the hearing. Those are mittee, and they want the investiga- objection, it is so ordered. more questions for the record than for tion done by the FBI, with the un- Mr. LANKFORD. Mr. President, the all of the Supreme Court Justices com- equivocal statement that during the American people have walked through bined in the history of the country. Anita Hill hearings in 1991, the FBI Supreme Court nominations many After all of that was done, a bomb- took 3 days to do all of the investiga- times. There is a normal process of shell was dropped. You see, a month tion. We want 3 days. Give the FBI 3 walking through Supreme Court nomi- and a half before the end of the hear- days to do this. Then they came back nations. ing, a lady named Dr. Ford had sent a later: Give them a week. That is all it They are nominated by the Presi- letter to one of the other Senators would take. So a decision was made to dent. There are background checks here, to the ranking member of the Ju- pause and give the FBI time to do it. that are done. It is extensive. They diciary Committee, saying: I have a Here were the instructions to the then meet with every single Senator or concern from a memory that I have FBI: Research any credible accusa- whoever wants to meet with them pri- from high school time. That letter was tion—no boundaries, no limitations on vately. They turn in documents so that turned over on July 30, early in the them. Research a credible current ac- everyone can read through their back- process, while Judge Kavanaugh was cusation. It was not just ‘‘keep adding grounds and their writings. They get still meeting individually with Sen- forever.’’ If there were new accusations details, and they get interviews. Any- ators—before the hearings, before the that were to come in, there would have thing they have ever written, whether classified meetings, before any of the to be a new conversation. By that time, it was writing for their law school jour- questions for the record, before any of they had started rolling in. So the FBI nals or writing articles for a sports that. It was turned over early. was told to just go look at them all, magazine, is turned in. Everyone goes Apparently, the ranking member’s and they were given instructions. No back through that. staff reached out to her then and had a one from the House or the Senate, of Once they go through all 100 Senators phone call, and the ranking member either party, was tracking them. They or whoever wants to meet with them, had a phone call. Then that informa- just let the FBI do their task.

VerDate Sep 11 2014 02:15 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.044 S04OCPT1 S6536 CONGRESSIONAL RECORD — SENATE October 4, 2018 They have now come back several cuser. The big story will come out that come forward, who knew him from high days later with the report that a lot of there is another accuser, but the next school and college and have said: This American people now know is stored day they don’t ever seem to print when is the Brett Kavanaugh we knew, and downstairs, and every Senator has the that accuser recanted, as many of them he isn’t anything like all of these accu- opportunity to go through it. have. sations. There are pages and pages of testi- A story breaks out one day saying, Based on 150 different people whom mony. They went through all of the in- ‘‘Here is the story I remember,’’ and the FBI privately interviewed and dividuals who were claiming to have they tell this whole sexually explicit asked about his alcohol use over the any kind of alleged firsthand knowl- story. The committee then contacts past 20 years—even reaching back to edge, all of the individuals Dr. Ford the individual of the story and says, college, for instance—asking if he was had stated. Those three individuals ‘‘Under penalty of perjury, would you ever out of control in his alcohol use, were there to say they could testify on be willing to testify in front of us and all of them say no. All of them say no. his behalf. tell us your story?’’ Instead of saying, It is not based on a couple of recent ac- Then there was the list from Brett ‘‘Yes, I would agree to tell my story,’’ cusations; it is over decades of history. Kavanaugh’s calendar, saying: Here are the response that came back to them I get that there are people who will all of the individuals who went to these was, ‘‘I made a crazy mistake. I apolo- disagree on this for political reasons or parties. The FBI went through and gize. I will recant my story rather than they may not like Brett Kavanaugh’s interviewed them all. face perjury and testify.’’ positions on legal issues. I get that, but The FBI also went to Ms. Ramirez, There was an accusation that came let’s not smear a man’s reputation for- saying: We will take a look at this, from an anonymous person in Colo- ever because we don’t like his opinions even though the New York Times rado, who said, ‘‘I know I saw Brett on something. wouldn’t take that story when it was Kavanaugh in this year, at this time, Where do I think we go from here? I offered to them. The New York Times slam his girlfriend against the wall in think there is something we can gain spent a week researching it, calling this public place,’’ except the problem as a nation from this painful experi- around, as they said, to dozens of peo- was the girlfriend that he had at the ence. If there is any one piece of advice ple to find anyone who could corrobo- time came out publicly and said that that I could pass on to the country as rate Ms. Ramirez’s story, and they never ever happened, and she can’t a whole and to us as leaders, it is to en- couldn’t find anyone. So the New York imagine Brett Kavanaugh doing that. courage families to take care of their Times walked away from it, but a dif- My favorite one is the accusation kids. ferent periodical printed it anyway. that was printed in which another ac- As I read all of these stories—and I The FBI went to Ms. Ramirez, inter- cuser, who ended up being a person who have gone through all of them—all of viewed her and interviewed anyone she had written in a tip, said: There was a them show some markers that I look at said could corroborate her story. At really salacious frat party at Brett and say there is some need for con- the end of that investigation, all of Kavanaugh’s fraternity after he left versation. I think moms and dads those reports came in. We have now Yale. It was a really big party, and it should sit down with their daughters read through them, and every single was really out of control. I bet Brett and should lovingly say to them: If one of those individuals reported back: Kavanaugh came back to that party there is ever anything that happens to I don’t remember anything like what after he was out of college. I bet he you, if any boy ever does something in- they are describing. Not only do I not came back and went to that party and appropriate to you, if he ever touches remember anything like what they are someone should check. That was the you in any way, we want you to know describing, I know Brett Kavanaugh, big tip. that we love you, we believe in you, and I can’t even imagine that he would This has really gotten out of control. and you can come to tell us right away do something like that. This started with a serious accusation because we want to make it right as Instead of agreeing with their story, from an accuser whom we should take soon as possible. Do not be afraid to with the accusation, person after per- seriously—Dr. Ford. We should have talk to us about it. We will not blame son after person actually agreed with been able to get to the facts and the in- you. We want to make it right. That Brett Kavanaugh. formation, but it suddenly spun out of conversation that moms and dads can What is interesting is Brett control into random smear campaigns have with their daughters could have Kavanaugh has been through six dif- to try to destroy someone personally. great benefit for a lot of daughters for ferent FBI background checks in the The information that has come out a long time. past. He has now had 150 people in his has not corroborated any of the accusa- There is a conversation that moms life who have been interviewed. Inter- tions. In fact, it has done the opposite. and dads need to have with their sons estingly enough, of all 150 people in his This has done tremendous damage to a and daughters about alcohol use be- life who have been interviewed—even family and to the reputation of some- cause in all of the stories that I have before this time, one of the questions one who has served our country admi- read, all of them involve teenage the FBI asks everyone when they are rably for a long time and who, up until drinking—all of them. doing a background check is this: Do the last 2 weeks, had a stellar reputa- Dr. Ford admitted drinking even at you know of any issues this person has tion, which has now been trashed for the party she described. All of them in- with alcohol or drug use that would be political gain. volved drinking and drug use. There is a problem for them? Do they have a I grieve for the people who have expe- a conversation that moms and dads problem with drug or alcohol use? rienced sexual assault in their lives. I could have with their kids because, Every single one of those people, from have spent 22 years working with stu- quite frankly, I have met way too two decades of background checks, six dents in youth ministry, and I have many parents who have said: I know different times in his life—all of them met lots of families who have had lots my children are going to drink. I just reported: No, he does not have a prob- of pain in their lives. How we deal with tell them not to drink and drive. If lem with drugs or alcohol. sexual assault in America is very im- they are going to drink, I tell them Over the last couple of weeks, there portant. People need to be believed, just to stay over there or come to our has been an aggressive move to trans- and things need to be taken seriously, house and drink, and that will be fine. form a person into a monster. In fact, but when the facts all come out, we Well, it is not fine. some of my colleagues on this floor also have to make decisions based on There are an awful lot of 15- and 16- have labeled him as evil, and anyone facts, not on accusations. This is a case year-olds who do not have the matu- who supports him is evil. It is the where we have to be able to deal with rity to drink alcohol, and when parents transformation of a person’s reputation the facts. sign off on it and say that it is OK, for political gain. I will vote for Judge Brett they need to understand there are very The other accusations I have seen in Kavanaugh to be on the Supreme Court real consequences. the media have been fascinating to me. based on his record for decades, based I have not asked Judge Kavanaugh For the past several weeks, the media on now seven FBI backgrounds checks about it, but I bet he would love to has been reporting there is another ac- on him, based on 65 ladies who have take back some of his drinking when

VerDate Sep 11 2014 02:15 Oct 05, 2018 Jkt 089060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G04OC6.046 S04OCPT1 October 4, 2018 CONGRESSIONAL RECORD — SENATE S6537 he was in high school and college, to leaders met in a Chicago warehouse ment and civil rights to affordable wait until he was more mature, be- and hammered out an agreement to housing, pay equity, violence preven- cause he was telling painful stories. form a single, unified union. The tion, and healthcare. I would encourage parents to be par- United Brotherhood of Carpenters was The YWCA traces its origins to the ents and to step up and help protect born. Ever since, the Carpenters union battlefields of the Crimean War in 1855. their kids so that they can make better has been a leader, building and growing Formed in London, philanthropist decisions. It may be a good lesson for communities by bringing countless Mary Jane Kinnaird and her friends, us as a nation to be able to pass on to skilled women and men to the con- the organization helped nurses return- our kids. struction industry. ing from the war find homes and im- One last lesson: We have to learn how Frank Libby is an outstanding part proved the lives of those caught up in to disagree about political issues with- of that rich history. Throughout his ca- the Industrial Revolution. Women were out destroying someone personally for reer, Frank held a variety of positions. working long hours in poor and unsafe the sake of gain on anything in poli- As a member of Local 10, he has served conditions, and they had few opportu- tics. We have to learn this lesson be- as warden, recording secretary, busi- nities for healthy activity. The cause in the days ahead, no matter ness representative, financial sec- YWCA’s early hostels evolved to be- what your political party is, no matter retary-treasurer, and president for the come the organization we know today. who is President, no matter who is past 24 years. In 2008, Frank became By 1858, the year we are honoring, nominated, we want the best and the 24th president/executive secretary- the YWCA crossed the Atlantic and brightest of our country to step up. We treasurer of the Chicago Regional created residences in New York and want them all to be able to serve their Council of Carpenters, representing Boston. It opened its first U.S. board- country. working families across 72 counties ing house for female students, teach- I have not met a perfect person. What throughout Illinois and eastern Iowa. ers, and factory workers in 1860. Since has been interesting to me is the num- Under Frank’s leadership, the Chi- forming in the United States, the ber of times that I have had Demo- cago Regional Council of Carpenters YWCA has grown to include 2.6 million cratic colleagues say to me in the last flourished, becoming the largest build- members and 300 local associations in week and a half, ‘‘You know, I really ing trades union in the State of Illinois the country. hope they don’t go through my high with a membership in the tens of thou- Throughout history, the YWCA has school record like we are going through sands. He fearlessly confronted the un- been the vanguard for social change. In Judge Kavanaugh’s record’’ or the precedented challenges facing the the 1870s, it held the first typewriting number of times I have heard folks say, union and had the courage to make the classes for women. Typewriting was ‘‘Do you know what I really want said necessary decisions enabling the union considered a man’s job at the time. at the committee hearing? I want to not only survive the great recession, During the same time, it also opened someone to step up and say that he but actually thrive. an employment bureau for women. who is without sin should cast the first If that wasn’t enough, Frank Libby Normal, IL, had the first YWCA stu- stone, but that hasn’t been said.’’ also served as a member of the execu- dent association in 1873. In 1877, the Maybe an ounce of compassion and a tive board of the Chicago Regional YWCA Chicago started providing med- tremendous amount of affection for Council of Carpenters and the Chicago ical services at the homes of the sick. those who have suffered greatly from Federation of Labor and as a trustee on This is the precursor to the Visiting assault would be of great benefit to us the Carpenters’ Welfare and Pension Nurses Association. as a nation, as a community, and as a Fund and the Carpenters’ Apprentice- In the 1890s, the first African-Amer- Senate. ship Training Fund. Frank also served ican YWCA branch opened in Dayton, I yield back. on the Illinois State Council of Car- OH. A YWCA opened for Native Ameri- I suggest the absence of a quorum. penters’ executive board and as a past cans in Oklahoma during the same The PRESIDING OFFICER. The board member to the Chicago Conven- time. The YWCA was helping immi- clerk will call the roll. tion and Tourism Bureau, but his leg- grant women adapt to the United The senior assistant legislative clerk acy will be realized by the generations States in 1909 with bilingual instruc- proceeded to call the roll. of carpenters who, because of his lead- tion. These were revolutionary Mr. MCCONNELL. Mr. President, I ership and vision, will receive fair changes. ask unanimous consent that the order wages and healthcare for their family. In 1919, the YWCA convened the first for the quorum call be rescinded. Frank Libby has given the gift of peace meeting of doctors, the International The PRESIDING OFFICER. Without of mind to countless future carpenters Conference of Women Physicians, with objection, it is so ordered. and their families, who can retire with attendees coming from 32 countries to focus on women’s health issues. f dignity because of the benefits Frank fought to secure. They will know that The YWCA Convention in 1920 was an LEGISLATIVE SESSION Frank’s hard work earned and ensured early advocate for the 8-hour workday a safe work environment where car- with no night work and the right of penters return to their families at the labor to organize. MORNING BUSINESS end of each workday. The YWCA also fought on the Mr. MCCONNELL. Mr. President, I I want to congratulate Frank Libby frontlines of civil rights. In 1915, the ask unanimous consent that the Sen- on his distinguished career and thank YWCA held the first interracial con- ate proceed to legislative session for a him for his outstanding service to the ference in the South in Louisville, KY. period of morning business, with Sen- people of Chicago. I especially want to In the 1930s, it worked toward desegre- ators permitted to speak therein for up thank Frank’s wife Gail and their gation and encouraged its members to to 10 minutes each. daughter Cynthia for sharing so much speak out against the violence against The PRESIDING OFFICER. Without of their husband and father with our African Americans. In 1946, the YWCA objection, it is so ordered. community. I wish him and his family adopted its interracial charter, a full 8 f all the best in their next chapter. years before the U.S. Supreme Court f decided against segregation. The Char- TRIBUTE TO FRANK T. LIBBY ter declared, ‘‘Wherever there is injus- Mr. DURBIN. Mr. President, today I 160TH ANNIVERSARY OF YWCA tice on the basis of race, whether in the want to honor my friend Frank Libby Mr. DURBIN. Mr. President, this community, the nation, or the world, for his extraordinary service to my year, the Young Women’s Christian As- our protest must be clear and our labor home State of Illinois. Last month, sociation, YWCA, celebrates its 160th for its removal, vigorous and steady.’’ after 42 years of service to the brothers anniversary in the United States. It is From opening Atlanta’s first inte- and sisters of the Union Brotherhood of the world’s oldest and largest multicul- grated public dining facility in 1960 to Carpenters, Frank Libby retired. tural women’s organization, fighting at being a sponsor of Dr. Martin Luther A decade after the Great Chicago the forefront of the most critical social King’s March on Washington, the Fire, in 1881, a group of 35 carpenter movements, from women’s empower- YWCA continued the fight for equality.

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