S8516 CONGRESSIONAL RECORD — SENATE July 21, 2004 in absolute terms or relative to the domestic the date that is 10 years after the date on court and why we have had a problem market for that article, and under such con- which duties on the article are eliminated in getting this far with his nomination ditions as to cause serious damage, or actual pursuant to the Agreement. but why I hope our colleagues will be threat thereof, to a domestic industry pro- SEC. 327. COMPENSATION AUTHORITY. willing to vote to confirm him. ducing an article that is like, or directly For purposes of section 123 of the Trade competitive with, the imported article. As the Chair noted, he is a nominee Act of 1974 (19 U.S.C. 2133), any import relief to the U.S. Circuit Court for the Sixth (2) SERIOUS DAMAGE.—In making a deter- provided by the President under this subtitle mination under paragraph (1), the Presi- shall be treated as action taken under chap- Circuit. He was nominated, and I ask dent— ter 1 of title II of such Act. my colleagues to think of this date for (A) shall examine the effect of increased SEC. 328. BUSINESS CONFIDENTIAL INFORMA- a moment, on November 8, 2001. It is imports on the domestic industry, as re- TION. now 2004. He is a distinguished State flected in changes in such relevant economic The President may not release information court of appeals judge from the State factors as output, productivity, utilization of which is submitted in a proceeding under of Michigan with nearly a decade of ex- capacity, inventories, market share, exports, this subtitle and which the President con- wages, employment, domestic prices, profits, perience in that court. He has been siders to be confidential business informa- and investment, none of which is necessarily there since 1994. In that capacity, he is tion unless the party submitting the con- decisive; and actually elected and reelected, and he fidential business information had notice, at (B) shall not consider changes in tech- the time of submission, that such informa- has been reelected twice to serve on nology or consumer preference as factors tion would be released, or such party subse- the court of appeals with broad bipar- supporting a determination of serious dam- quently consents to the release of the infor- tisan support within the State of age or actual threat thereof. mation. To the extent a party submits con- (b) PROVISION OF RELIEF.— Michigan. (1) IN GENERAL.—If a determination under fidential business information to the Presi- The American Bar Association has subsection (a) is affirmative, the President dent in a proceeding under this subtitle, the rated Judge Saad qualified to sit on the may provide relief from imports of the arti- party also shall submit a nonconfidential U.S. Court of Appeals for the Sixth Cir- cle that is the subject of such determination, version of the information, in which the con- cuit. Therefore, his nomination should as described in paragraph (2), to the extent fidential business information is summarized or, if necessary, deleted. have come before us long before now. that the President determines necessary to He should be confirmed, obviously. remedy or prevent the serious damage and to f I will mention a bit about the Sixth facilitate adjustment by the domestic indus- try to import competition. EXECUTIVE SESSION Circuit. There are 16 authorized seats (2) NATURE OF RELIEF.—The relief that the on the circuit, but there are 4 vacan- President is authorized to provide under this cies. Obviously, one-fourth of the au- subsection with respect to imports of an ar- NOMINATION OF HENRY W. SAAD thorized seats on that court remain va- ticle is an increase in the rate of duty im- TO BE U.S. CIRCUIT JUDGE FOR cant today. President Bush has nomi- posed on the article to a level that does not THE SIXTH CIRCUIT nated four very well-qualified individ- exceed the lesser of— Mr. MCCONNELL. Mr. President, I uals from Michigan to fill these vacan- (A) the column 1 general rate of duty im- ask unanimous consent that the Sen- cies. The seat to which Judge Saad has posed under the HTS on like articles at the time the import relief is provided; or ate now proceed to executive session been nominated has been deemed a ju- (B) the column 1 general rate of duty im- for the consideration of Calendar No. dicial emergency and, of course, it is posed under the HTS on like articles on the 705, the nomination of Henry W. Saad, not hard to see why with that number day before the date on which the Agreement of Michigan, to be U.S. Circuit Judge of vacancies. enters into force. for the Sixth Circuit. Interestingly, President George H.W. SEC. 323. PERIOD OF RELIEF. The PRESIDING OFFICER. Is there Bush, President Bush No. 41, first nom- (a) IN GENERAL.—Subject to subsection (b), objection? inated Judge Saad to the Federal bench the import relief that the President provides Without objection, it is so ordered. in 1992, but the Democratic Senate under subsection (b) of section 322 may not, in the aggregate, be in effect for more than The clerk will report the nomination. failed to act on his nomination at that 3 years. The legislative clerk read the nomi- time, as well as one other from Michi- (b) EXTENSION.— nation of Henry W. Saad, of Michigan, gan, prior to the end of President (1) IN GENERAL.—Subject to paragraph (2), to be U.S. Circuit Judge for the Sixth Bush’s term. So this is the second time the President may extend the effective pe- Circuit. he has been nominated for this pres- riod of any import relief provided under this The PRESIDING OFFICER. The Sen- tigious court. subtitle for a period of not more than 2 ator from Connecticut is recognized. A bit about his personal history. years, if the President determines that— Mr. LIEBERMAN. Mr. President, I (A) the import relief continues to be nec- Judge Saad was born in Detroit. He is essary to remedy or prevent serious damage ask unanimous consent to proceed, a lifelong resident of the State. He and to facilitate adjustment by the domestic along with Senator COLLINS, as in would be the first Arab-American ap- industry to import competition; and morning business. pointee to the Court of Appeals for the (B) there is evidence that the industry is The PRESIDING OFFICER. Without Sixth Circuit. According to the Detroit making a positive adjustment to import objection, it is so ordered. Free Press, Bush’s nomination of Saad competition. (The remarks of Mr. LIEBERMAN and in the wake of the September 11 at- (2) LIMITATION.—Any relief provided under Ms. COLLINS pertaining to the introduc- tacks—remember, it was only 2 months this subtitle, including any extensions there- tion of S. 2701 are printed in today’s of, may not, in the aggregate, be in effect for to the day following the September 11 more than 5 years. RECORD under ‘‘Statements on Intro- attacks: SEC. 324. ARTICLES EXEMPT FROM RELIEF. duced Bills and Joint Resolutions.’’) conveys an important message to all the The President may not provide import re- The PRESIDING OFFICER. The Sen- citizens and residents of this country that lief under this subtitle with respect to any ator from Arizona. we embrace and welcome diversity and that article if— Mr. KYL. Might I inquire of the we are extending the American dream to (1) the article has been subject to import Chair what the pending business is. anyone who is prepared to work hard. relief under this subtitle after the date on The PRESIDING OFFICER. The Judge Saad has had a distinguished which the Agreement enters into force; or pending business is the nomination of career as a practicing attorney and law (2) the article is subject to import relief Henry Saad, of Michigan, to the Sixth professor before serving on the State under chapter 1 of title II of the Trade Act of 1974. Circuit Court of Appeals. bench. From 1974 until 1994 he prac- SEC. 325. RATE AFTER TERMINATION OF IMPORT Mr. KYL. Mr. President, Senator ticed law, first as an associate and then RELIEF. HATCH is chairing a subcommittee a partner with the prestigious Detroit When import relief under this subtitle is hearing and asked that I open the de- firm of Dickinson, Wright. He built a terminated with respect to an article, the bate with respect to the nomination national practice and reputation there rate of duty on that article shall be the rate and confirmation of Judge Henry Saad. in the areas of employment law, school that would have been in effect, but for the So I think my comments are reflective law, libel law, and first amendment provision of such relief, on the date on which the relief terminates. of Chairman HATCH’s views, but I will law. He serves as an adjunct professor SEC. 326. TERMINATION OF RELIEF AUTHORITY. present them as my own as well. at both Wayne State University Law No import relief may be provided under I will first speak a little bit about School and the University of Detroit this subtitle with respect to any article after Judge Saad and his nomination to this Mercy School of Law. He received his

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 2004 CONGRESSIONAL RECORD — SENATE S8517 bachelor’s degree in 1971 and his law for his scholarly opinions, balance and fair- from within the circuit filling in, as degree, magna cum laude, in 1974, both ness. I am confident he will be a great addi- well as visiting appellate judges from from Wayne State University. He re- tion to the Federal appellate bench. other circuits, has kept the caseload of ceived a special Order of the Coif award Justice Stephen Markman from the this important circuit manageable. It in 2000, which is bestowed by a vote of Michigan Supreme Court said: is the third busiest court of appeals in the faculty of the school upon a distin- In his seven years on the Michigan Court the country. Chief Judge Boyce Martin guished graduate who has earned his of Appeals, Judge Saad has been one of its has asked Congress to authorize a 17th degree before the law school was in- most thoughtful and fair-minded jurists. His judge for the court. opinions and his judicial integrity have ducting members into the Order of the So if we filled all four of these vacan- earned him the respect of a remarkably cies today, not only would we have at Coif. broad range of his colleagues. Judge Saad has significant appellate least filled those judicial emergencies, Finally, Judge Hilda Gage of the experience in both civil and criminal but the chief judge of the circuit has Michigan Court of Appeals said: matters, authoring well over 75 pub- said we need additional judges in addi- I have served with Judge Saad on the tion to these. lished majority opinions. His nomina- Michigan Court of Appeals for six years. I ad- tion has broad bipartisan support, in- Among the 12 U.S. Courts of Appeals, mire his judicial independence and his schol- the Sixth is the 11th in the timeliness cluding endorsements from such dis- arly analysis of the law. I applaud the Presi- parate groups as the United Auto dent’s nomination of Judge Saad to the in the disposition of cases. Only the Workers and the Michigan Chamber of Sixth Circuit Court of Appeals. Ninth Circuit takes longer to issue its Commerce. Those are some of the people who opinions. I am familiar with that, hav- Judge Saad is dedicated to improving have worked with him, who have ing practiced before the Ninth Circuit. the law and helping his State and local known him a long time, who represent When it takes so long for litigants who community through volunteer work. a diverse point of view within the State have disputes before the court to get He was chairman of the board of the of Michigan, and yet all of whom en- action on their cases, justice is denied. Oakland Community College Founda- dorse the President’s nomination of This circuit, being the next to the bot- tion, president of the Wayne State Uni- Judge Saad to the Sixth Circuit. tom in terms of the speed with which versity Law School Alumni Associa- Let me speak for a moment about the its decisions are made, makes it a clear tion, and he is currently a member of status of his circuit because, as I noted candidate for the Senate to act. It is the board of visitors to the Ave Maria at the beginning, there are four vacan- unconscionable that we have not been Law School. cies. One-fourth of the active seats on able to confirm Judge Saad as well as Judge Saad was a board member of this court, are vacant. The President the other three nominees to this court. The district court judges within the the National Council of Christians and has nominated four very well-qualified Sixth Circuit have complained that Jews and the American Heart Associa- individuals to fill these vacancies. All what has turned out to be regular duty tion, as well as trustee of WTVS Chan- four of these vacancies have been as substitute judges on the court of ap- nel 56 Education Television Founda- deemed judicial emergencies by the Ad- peals has slowed down their own dock- tion. ministrative Office of the U.S. Courts. ets considerably. In other words, they Judge Saad received the ‘‘Salute to I might, for those who are not aware, have not been able to do their own jobs Justice John O’Brien Award’’ for out- describe what this means. The Admin- because they have had to fill in for the standing volunteer service to the peo- istrative Office of the U.S. Courts char- circuit court judges. According to ple of Oakland County in 1997, and he acterizes, in some rare circumstances, Judge Robert Bell, who is a district received the Arab-American and vacancies on the court as judicial judge from the Western District of Chaldean Council Civic and Humani- emergencies by virtue of the caseload Michigan: tarian Award for outstanding dedica- of the court, the nature of the cases be- tion to serving the community with We’re having to backfill with judges from fore the court, the ability of the court other circuits, who are basically substitutes. compassion and understanding in 1995. to turn out decisions and opinions, and You don’t get the same sense of purpose and Let me read a few statements from the number of judges available to serve continuity you get with full-fledged court of people who have endorsed the nomina- on the court. They balance all of those appeals judges. . . . Putting together a fed- tion and confirmation of Judge Henry considerations. When the court does eral appeals court case often takes a Hercu- Saad. The Secretary of Energy, former not have enough people to do the job it lean effort in a short time for visiting dis- Senator from the State of Michigan, is required to do, when litigants are trict judges. ‘‘We don’t have the time or the said: taking too long to get their matters resources that the circuit court has,’’ Bell said. You can’t help to conclude that if we I have known Henry for twenty years on a heard before the court, and in effect had 16 full-time judges with a full com- personal and professional level. He is a per- when justice is not being done because plement of staff that each case might get son of unimpeachable integrity and will it is being delayed, then the Adminis- more consideration, not to say results would serve our country and our justice system re- trative Office of the U.S. Courts de- be different. markably well. clares judicial emergencies. This quote, by the way, was the John Engler, the former Governor of All four of these vacancies in the Grand Rapids Press, February 21, 2002. Michigan, said: Sixth Circuit have been so designated. U.S. attorneys in Michigan likewise The President selected individuals [includ- The confirmation of two judges in late have complained that the vacancy rate ing Henry Saad] who are experienced judges April and early May of this year filled in the Sixth Circuit has slowed justice and whose reputations for intellect, knowl- two of then six vacancies, but the cir- and complicated the ability to pros- edge of the law, diligence and temperament cuit remains overburdened. ecute wrongdoers. It has enabled de- are well established. Judge Saad has estab- By the way, let me quantify what I lished a distinguished reputation on Michi- fendants to commit more crime while gan’s appellate court which he will take to said a moment ago. When I spoke of ju- awaiting trial. It has led to less con- the federal appeals court. dicial emergency, in the court of ap- sistencies in the court’s jurisprudence The President of the United Auto peals, that occurs specifically when ad- and effectively deprived the use of en Workers, Stephen Yokich, said: justed filings per panel are in excess of banc review in some cases. En banc re- 700, or any vacancy is in existence view is the situation where a panel of I have known Judge Saad for twenty-five years. He is a man of the highest integrity more than 18 months where adju- three judges has made a decision and and a judge who is fair, balanced and hard dicated filings are between 500 and 700. the litigants have asked the full court working. I strongly support President Bush’s All four of the Michigan vacancies on to hear—in effect to rehear or have a nomination of Judge Saad to the federal ap- the Sixth Circuit have been in exist- mini-appeal—a case from the decision pellate bench. ence for more than 18 months and the of the panel of three. If you do not have Congressman JOSEPH KNOLLENBERG, adjusted filings total 588. That is why the full complement of judges on the who is a Representative from the State it is so important that we act now to court, you can’t have the same kind of of Michigan, said: fill this vacancy. en banc review. I have known Judge Saad for over twenty- Only a substantial commitment on Let me quote a letter from 31 assist- five years. He was an outstanding lawyer and the part of the senior judges of the ant U.S. attorneys in the Eastern Dis- is a highly regarded appellate jurist, known Sixth Circuit, and the district judges trict of Michigan sent to our colleague,

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It In years past, it was the normal practice of of the original panel is, as a matter of prac- is overwhelmingly opposed to the tac- tice, impossible, and not worth seeking. the Sixth Circuit that a case would be heard However, if the Court was at full strength, tics of the minority to prevent con- by the Court approximately three months an en banc review could have been granted firmation of the nominees President after all briefs were filed, and in most cases with the votes of about two-thirds of the ac- Bush has made to fill these vacancies. an opinion would issue in about three addi- tive judges who were not part of the original Let me quote from the Grand Rapids tional months. At present, due to the large panel. number of vacancies on the Court . . . it has Press of February 24, 2002. This is only been taking on average between twelve and Why haven’t we been able to vote on 3 months after the nomination of eighteen months longer for most appeals to Judge Saad? The two Senators from Judge Saad: be completed than was the case for most of the State, notwithstanding the fact The Constitution does not give these Sen- the 1990’s. that there are four vacancies in their ators from Michigan [Senators Levin and These are the prosecuting attorneys. own State, that the prosecutors from Stabenow] co-presidential authority and cer- These are the people who I noted have the State have written as I have just tainly does not support the use of the Court complained that the vacancy rate has indicated, that people of wide disparate of Appeals to nurse a political grudge. . . . views in their State support his nomi- [Senators Levin and Stabenow] have pro- complicated their ability to prosecute posed that the President let a bipartisan wrongdoers. Our failure to act in the nation, the two Senators from the commission make Sixth Circuit nominations Senate has real-life consequences on State have urged their colleagues not or that Mr. Bush re-nominate the two lapsed the people of Michigan. When justice to allow the vote to go forward. The Clinton nominations. Mr. Bush has shown no cannot be dispensed with because there reason is because two nominees to fill interest in either retreat from his constitu- are not enough judges and wrongdoers vacancies in Michigan were left with- tional prerogatives. Nor should he. Move- are awaiting trial and they are able to out hearings at the end of the Clinton ment in this matter should come from Sen- go out and commit additional crimes, administration in 2001. It is not uncom- ators Levin and Stabenow—and, clearly, it should be backward. we have a responsibility to solve that mon at the end of an administration problem. That is why it is so important for there to be nominations pending. I From the Detroit News, June 30, 2002: for us to vote and to vote up or down predict that because of opposition from It was wrong for the Senate to fail to act on the confirmation of Judge Saad. the minority party, there will be a lot on Clinton’s Michigan nominees. But an- I serve on the Judiciary Committee. I of nominations President Bush would other wrong won’t make things right for heard some questions raised about like to have confirmed but which will Michigan. Enough is enough. . . . Senators, not be confirmed because the other it is long past time to fill Michigan’s voids in whether he would be a good addition to the hall of justice. the court. You heard just a summary of party will not allow it to happen. the many people who spoke on his be- Sometimes nominations are made too I will conclude with one comment. half with a wide diversity of opinion. late in the year for the vetting to be Colleagues on the other side of the He has a ‘‘qualified’’ rating from the done, for the Bar Association to report, aisle will argue that we actually have Bar Association. for the hearings to be held, for the ex- confirmed a lot of President Bush’s If my colleagues want to vote no on ecutive work of the Judiciary Com- nominees. The truth is that we have his nomination, they are free to do so. mittee to report the judges to the Sen- confirmed about the same number of On rare occasions, I have voted no ate floor, and for the full Senate to district court judges as is usual for the against judicial nominees. I voted no vote. That is not an uncommon occur- Senate during the first term of the 1 on very few occasions when President rence. President. In the first 3 ⁄2 years of Clinton was making the nominations, I note, for example, that Senators President Bush’s term, we have con- but I felt that I always had the right to who are upset that two judges weren’t firmed, so far, 198 judges, and that is express my view one way or the other. considered at the end of the Clinton ad- pretty close to the other President’s by That is all Judge Saad is asking for. ministration should also note that two this overall statistic. President Bush With the nomination pending now for nominees, including John Smietanka, would be on about the same pace as almost 4 years, it is time that he have the very well qualified U.S. attorney President Clinton, who appointed a a vote up or down. from the Western District of Michigan, total of 371 judges in 8 years—just 4 Let me read to you a letter from 31 were also left without hearings at the fewer than the 375 appointed by Presi- assistant U.S. attorneys in the Eastern end of President Bush’s term in 1993. dent Reagan. This would be about par. District to Senator LEVIN: So President Clinton got to appoint the The problem is, in the circuit court [D]elays in criminal cases hurt the govern- same number of judges to the Sixth judges, Presidents ordinarily get most ment; the government has the burden of Circuit as the number of vacancies that of their nominees confirmed, but Presi- proof, and the longer a case goes on the more came open during his Presidency. As dent Bush is only getting about half of chance there is that witnesses will disappear, with his predecessor, there were a cou- his confirmed. forget, or die, documents will be lost, and in- ple of nominations still pending at the Here are the statistics. President vestigators will retire or be transferred. time his term ended. Clinton saw 71 percent of his circuit I go on from a different portion of But as these examples illustrate, court nominees receive a full vote in this letter: both parties have had nominations left the Senate; the first President Bush, 79 In some cases, convicted criminal defend- pending at end of their President’s percent. President Reagan, 88 percent ants are granted bond pending appeal. The terms. The effort of the Senators from of his circuit nominees were confirmed; elongated appellate process therefore allows Michigan to block the consideration of President Carter, 92 percent. But in the defendants to remain on the street for a Judge Saad as well as the other three 107th Congress—our Congress—Presi- longer period of time, possibly committing nominations of President Bush at the dent Bush has only gotten 53 percent of new offenses. In addition, the longer delay makes retrials more difficult if the appeal outset of his term in 2001 is unheard of. his circuit court nominees voted on by results in the reversal of a conviction. It might be one thing if these nomina- the full Senate, 17 out of 32. Further quoting from this letter: tions had just occurred and we didn’t That is where the problem is and The Sixth Circuit has resorted to having have time to consider them, but Judge there is no secret why. As has been de- more district judges sit by designation as Saad, as I said, was nominated on No- scribed many times by my friends on panel members. This practice has contrib- vember 11, 2001, 2 months after the his- the other side of the aisle, the circuit uted to a slowdown of the hearing of cases in toric event of September 11. Five of the court is just below the Supreme Court. district courts, because the district judges Sixth Circuit active judges—nearly It is viewed as more powerful and more are taken out of those courtrooms. The wide- half—were appointed by President Clin- important than the district courts. spread use of district judges also provides for ton—one President. I don’t think it is There are many more district court less consistency in the appellate process possible to argue here that there is judges. They are the court of first re- than would obtain if full-time Circuit judges heard most of the appeals. some kind of political agenda by Re- sort. Their cases are appealed to the In some cases, the small number of judges publicans or by President Bush to deny circuit courts. on the Court has served to effectively de- President Clinton nominations and Most of the time, circuit court deci- prive the United States of en banc review. confirmations of his nominations. sions are not appealed or the appeals

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 2004 CONGRESSIONAL RECORD — SENATE S8519 are not accepted by the Supreme Now, on this chart is the flight mani- port officials demanded clearances Court. It can only hear maybe 300 cases fest of that fateful flight. I will read from the Bush administration before or so a year, so, as a practical matter, the names of those with the last name they let this airplane leave. But then, the circuit courts become the court of of bin Laden: ‘‘Najia Binladen, Khalil to their astonishment, the clearances last resort. That is why Democrats Binladen, Sultan Binladen, Khalil Sul- quickly came through. Let them leave, have refused to even vote on President tan Binladen, Shafig Binladen, Omar was the order from the Bush adminis- Bush’s nominees for circuit courts be- Awad Binladen, Badr Ahmed Binladen, tration. And we ask, Why? cause they believe President Bush’s Nawaf Bark Binladen, Mohammed Look at the names of the bin Laden nominees would not be as capable, have Saleh Binladen, Salman Salem family members who are allowed to the right political philosophy, or serve Binladen, Tamara Khalil Binladen, leave the country. It is astounding, 12 the interests of justice as well as a Sana’s Mohammed Binladen, and of them, all of them with bin Laden President of their party. Faisal Khalid Binladen.’’ last names. That is a pretty good indi- As I have noted, whether Democrat I ask my colleagues, why in the cation that they ought to be ques- or Republican, the full Senate under world would we let 12 members of tioned, ought to be interpreted, that Republican control, as well as under Osama bin Laden’s family leave the they ought to tell what they know Democratic control, has allowed votes country at that moment? about Osama bin Laden, the murderer on the vast majority of the circuit One of the first rules of a criminal in- of our Americans. court nominees of previous Presidents. vestigation when you have the suspect Millions of Americans were still dis- It is only President George Bush who on the run is to interrogate the family traught on September 19. Thousands of has only received a vote on half of his members. Osama bin Laden had just foreigners were detained across our Na- circuit court nominees. That is what is murdered over 3,000 Americans, but the tion and across the world, but the fam- going on. It is wrong. We need to vote. administration let his family flee. The ily of the perpetrator was let go. It We need to vote on a nominee who has question is, Why? makes no sense. been pending now since November 11, There are reports that some of the Some of these individuals’ names 2001, Judge Henry Saad. I urge my col- bin Ladens were interviewed on the air- raise specific concern. Take Omar bin leagues when that opportunity comes plane by the FBI. Interviewed on the Laden. He was under suspicion for in- within the next several hours, we will airplane? Everybody knows when the volvement in a suspected terrorist or- have that opportunity, they will agree FBI is conducting a serious interview ganization. This was known on Sep- to permit an up-or-down vote. That is they do not do it within hearing of ev- tember 19, 2001, but the administration all we are asking for. eryone else. These people were about to allowed him to flee. Once again, we If they have objections, and I see a take off. Why would they disclose any- must ask the question, why? couple of my colleagues are here, per- thing to U.S. law enforcement? They The President of the United States haps they would like to discuss their were getting out of here. should explain to the American people objections to Henry Saad. But let the I have talked to law enforcement of- why his administration let this plane Senate vote on this nominee as we do ficials who said, at the very least, the leave. The American people are going with most other issues. We bring it to bin Laden family should have been de- to be shocked by this manifest, and the vote. Our Members want to vote. tained on a material witness warrant they deserve an explanation. But at least this man, who has been and put under oath and asked the ques- These are 12 names that may have waiting now for 3 years, would have a tion, Do you know where Osama bin been inconvenienced in September 2001, chance to have his nomination either Laden is? Do you know where his safe if we detained them and subjected confirmed or rejected. houses are? Where does he get his them to questioning under oath. They I urge my colleagues to provide him money? Who are his associates? might not have liked it. That is 12 peo- that opportunity. The Saudi PR machine has been spin- ple potentially inconvenienced com- The PRESIDING OFFICER. The Sen- ning that Osama bin Laden is ostra- pared to the almost 3,000 names of ator from New Jersey is recognized. cized from his family; no one has any those murdered on 9/11. Mr. LAUTENBERG. I ask unanimous contact with him anymore. Most ex- The American people deserve an an- consent that I be permitted to speak as perts believe that is not the truth. It swer. This information is reliable. in morning business and after I finish, may be true for some family members Manifests are always filed with flights, in approximately 15 minutes, the Sen- but certainly not all. especially those going out of the coun- ator from New York be given an oppor- It is, at the very least, unclear what try. The destination: Saudi Arabia, tunity to speak. bin Laden’s position on Osama bin Saudi Arabia, Saudi Arabia—all the The PRESIDING OFFICER. Without Laden really is. Osama bin Laden’s way down the line. The passport num- objection, it is so ordered. brother, Yeslam bin Laden, was inter- bers are blocked out on this chart, but BIN LADEN FLIGHT MANIFEST viewed on television recently. He was their identity is quite clear. Mr. LAUTENBERG. Mr. President, asked the question, Would you turn This is a question that must be an- today I rise to discuss some disturbing Osama bin Laden in, if you knew where swered. information that was released to the he was? He essentially said no. With that, I yield the floor and sug- public today. It concerns the aftermath Before it left this country, this char- gest the absence of a quorum. of the terrorist attacks on the United ter flight stopped in several U.S. cities. The PRESIDING OFFICER. The States on September 11, 2001. It started by picking up one bin Laden, clerk will call the roll. A little more than a week after Sep- Najia bin Laden, in Los Angeles. It The assistant legislative clerk pro- tember 11, precisely on September 19, then flew to Orlando to pick up more ceeded to call the roll. 2001, a luxury airliner 727 took off from members of the bin Laden family. Once Mr. SCHUMER. Mr. President, I ask Boston Logan Airport. It was wheeled in Orlando, the crew of this charter unanimous consent that the order for up, at 11 o’clock at night, under the flight found out who they were car- the quorum call be rescinded. cover of darkness. That airplane left rying as passengers and threatened to The PRESIDING OFFICER (Mr. the United States for Gander, Canada, walk out. They did not want to fly that HAGEL). Without objection, it is so or- then on to Paris, Geneva, and the final flight but the charter company insisted dered. stop was Jeddah, Saudi Arabia. they stay on the job. The airplane was Mr. SCHUMER. Mr. President, I The question was, Who was on this flown from Orlando to Dulles, near know my colleagues are waiting, so I charter flight carrying people who will Washington, to pick up more bin will try to be brief. I have come to the never again set foot in the United Ladens. Then the flight landed at floor to talk about a resolution Sen- States? That charter flight, 1 week Logan Airport in Boston to pick up ad- ator CORNYN and I are submitting on after September 11, carried 12 members ditional family members to leave the human trafficking. Before I get into of the bin Laden family out of our country. that, I want to mention a couple of country. When they left, they took a At Logan Airport, the officials there points in reference to my good friend million unanswered questions with were not eager to let this plane full of from Arizona. One is a numerical ques- them. bin Ladens take off so easily. The air- tion. He talked about courts of appeals

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8520 CONGRESSIONAL RECORD — SENATE July 21, 2004 judges who have been approved under around .700, .650 in terms of wins and time to not simply say, OK, go ahead, previous administrations and then losses. We are all proud of that. The fill vacancies which should not exist mentioned the 107th Congress of this President is doing a lot better than the but only exist because of the denial of administration. It is sort of a bit of Yankees. hearings for two well-qualified women comparing not apples and oranges but The idea that ‘‘It’s my way or no who were appointed by President Clin- apples and half apples. way’’ is not going to work. Further- ton. I believe if you look at the number more, I would argue to my colleagues, I thank the Senator from New York for the whole of President Bush’s term, it is not what the Founding Fathers for his comments, for his perception, it goes up considerably. It might not be wanted. If they wanted the President for his willingness and determination— quite as high as some of the others, but to appoint judges unilaterally, they more than willingness—to look at the it is much higher than the 53 percent would have said so in the Constitution. full meaning of the Constitution so Senator KYL mentioned. Senator KYL But they wanted the Senate to have a that it is not just the President who is a good friend of mine. I mentioned say. makes appointments in a situation this to him while he was here. I remind my colleagues, one of the such as this and assumes that the va- But the second point I would make— first judges nominated by President cancies, which were created by denial I know my good colleague from Michi- Washington, John Rutledge of South of hearings for nominees of the pre- gan, CARL LEVIN, will be bringing this Carolina, was rejected by the Senate vious administration, will be rubber- up at some length—to me, the issue is because, of all things, of his views on stamped by this body. not a tit-for-tat issue. They did a lot of the Jay treaty. And in that Senate Mr. SCHUMER. Mr. President, will wrongs previously when President Clin- were a good number of Founding Fa- my colleague yield? ton was President and they did not let thers, people who had actually written Mr. LEVIN. I am happy to yield. judges come through, and that created the Constitution, so clearly the Found- Mr. SCHUMER. First, I compliment the vacancies in Michigan. But I have ing Fathers did not intend the Senate my friend from Michigan for his stead- some sympathy for the Detroit News to be a rubberstamp. fastness on this issue. Everyone knows article Senator KYL quoted that said Certainly they did not intend for the the desire of the Senator and his col- there should not be tit for tat here. Senate to hold up a majority of judges, league, Senator STABENOW from Michi- Two wrongs don’t make a right. It is but when the President nominates peo- gan, to compromise. Over and over and sort of anomalous for those creating ple way out of the mainstream, when over again, we on this side of the aisle the wrong to say two wrongs don’t the President refuses to sit down and have said: We don’t expect the Presi- make a right. But there is a far more negotiate, these are the results. And I dent to appoint judges that we agree important point, and that is this: The would guess—again, I defer to Senator with on most things. In fact, for 200 reason we have no approval of judges in LEVIN, who is on the floor—my view is, judges, the vast majority of us have Michigan is the President has ignored if the President or his counsel were to voted for judges with whom we don’t the part of the Constitution that talks pick up the phone and say to Senator agree on many issues. about advise and consent. For the va- LEVIN: ‘‘How do we work this out?’’ it The point is, to blame these vacan- cancies in Michigan, if the President is still not too late, even as we enter cies, as my friend from Arizona tried to sat down with the Michigan Senators, the twilight of this Congress, to get it do, on the Senators, when the Presi- Mr. LEVIN and Ms. STABENOW—both done. dent refuses to just pick up the tele- reasonable people, people who have en- That is all I will say on that matter. phone and call them and say, ‘‘How do gaged in many bipartisan relationships I will leave the rest to my colleague we work this out,’’ is very unfair. themselves—and said: ‘‘How do we from Michigan. I ask my colleague, once again, is he work this out?’’ it would have been (The remarks of Mr. SCHUMER per- willing—and is Senator STABENOW, to worked out in the first 6 months of the taining to the submission of S. Res. 413 his knowledge, willing—to sit down President’s term. are printed in today’s RECORD under with the White House and come up The idea that, A, previous Senates ‘‘Submitted Resolutions.’’) with a compromise to fill these vacan- have created vacancies, and then the The PRESIDING OFFICER. The Sen- cies and that these vacancies don’t President says to the Senators of that ator from Michigan. have to remain vacant except for al- State or to the Senators of this body: Mr. LEVIN. Mr. President, I thank most the intransigence of the White ‘‘It’s my way or no way. I’m picking the Senator from New York for his House to say, ‘‘If you don’t do it our the judges. You have no say,’’ that is comments relative to judicial appoint- way, we are not doing it any way’’? Am what has created the deadlock. ments. He is exactly right in terms of I wrong in that assumption? The Constitution calls for advice as the number of judges that this Senate Mr. LEVIN. The Senator from New well as consent. In States where there has confirmed with the support of this York is decidedly right. We have ex- has been advice, it has worked. In my side of the aisle. He is exactly right pressed that willingness. There have State of New York we have no vacan- when it comes to the willingness of been a number of suggestions which cies. Why? Because the administration Senator STABENOW and myself to com- have been made for compromise. One of has consulted with me. My colleague promise the deadlock that exists with the suggestions which we have made Senator CLINTON and I have nominated this administration over the Michigan was that there be a bipartisan commis- some judges to vacancies in New York. judges. We have been willing to do that sion appointed in Michigan to make They have nominated the lion’s share, from the beginning of this administra- recommendations to the White House but none of them would meet with this tion. We continue to be willing to at- to fill these vacancies. The rec- body’s disapproval. tempt some kind of a compromise rel- ommendations do not have to include I am sure, if the President would sim- ative to these vacancies. these two women. Bipartisan commis- ply sit down with Senator LEVIN and What we are unwilling to do is to sions have been appointed in other Senator STABENOW, and say: ‘‘How do allow a tactic, which was used relative States without this kind of a deadlock we work this out?’’ it would be worked to these two women who were nomi- existing but simply to promote biparti- out, pardon the expression, in a New nated by President Clinton which de- sanship. That suggestion has been re- York minute. But they do not. They nied them hearings for over 4 years and jected by the White House. have an attitude: Here is what we over 11⁄2 years respectively, to succeed, There was another suggestion that want. You approve them. And if you as the good Senator from New York was made by Senator LEAHY when he don’t approve every single one, then said, to either create these vacancies was chairman of the Judiciary Com- you are obstructionists. or to leave these vacancies opened for mittee for that period of time the As has been mentioned over and over the next President to fill. That is not Democrats were in the majority. That again, of the 200 judges this body has the way things should work. It is not suggestion was actually supported by dealt with, 6 have been disapproved and the way the Constitution contemplated the then-Republican Governor of 194 have been approved. That is a darn it. We are going to do our best to con- Michigan. There was a recommenda- good track record. I am a Yankee fan. tinue to press for a bipartisan solution tion by then-Chairman LEAHY as to The Yankees’ percentage is up there in a number of ways but in the mean- how to resolve this issue. That was also

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 2004 CONGRESSIONAL RECORD — SENATE S8521 rejected by the White House. We con- But even after Senator Abraham re- month and a half, Senator LEAHY urged tinue to be open to suggestions to fill turned the blue slips in the spring of the committee to act, calling the these vacancies, but we are deeply of 2000, the women were not given hear- treatment of judicial nominees uncon- the belief that the tactic that was used ings. They never got a vote in the Judi- scionable. to deny hearings to qualified women— ciary Committee or on the floor. On November 18, 1999, I again wrote one of whom is a Michigan court of ap- That distortion of the judicial nomi- to Senator Abraham and Chairman peals judge and the other one of whom nating process was unfair to the two HATCH, urging hearings in January 2000 is a celebrated appellate lawyer in nominees. It deprived the previous ad- for the two nominees. I then noted that front of the Sixth Circuit—should not ministration of consideration by the Judge White had been waiting for near- succeed. Maybe it succeeds in some Senate of those two nominees. Senator ly 3 years for a hearing, and I stated places where there are not Senators in STABENOW and I have objected to pro- that confirmation of the two women those States who will object because ceeding to the current nominees until a was essential for fundamental fairness. the new President of their party picks just resolution is achieved. My appeals were for naught, and 1999 somebody they like and may have rec- Moving forward without resolving ended without hearings in the Judici- ommended. the impasse in a bipartisan manner ary Committee. But in a situation like this, when you could indeed deepen partisan dif- In February of 2000, Senator LEAHY have the advise-and-consent clause in ferences and make future efforts to re- spoke again on the floor about vacan- the Constitution, and where there has solve this matter more difficult. I have cies on the Sixth Circuit. A few weeks been this kind of a tactic used, which said repeatedly that the number of later, in February of 2000, I made a per- the White House acknowledges was un- Michigan vacancies on the Sixth Cir- sonal plea to Senator Abraham and fair—Judge Gonzalez has acknowledged cuit provides an unusual opportunity Chairman HATCH to hold hearings on that that tactic of denying hearings for bipartisan compromise. the Michigan nominees. Again, I was was unfair—simply to then fill the va- Judge Helene White was nominated unsuccessful and no hearing was sched- cancies that were unfairly created is to a vacancy on the Sixth Circuit on uled. not something we can simply roll over January 7, 1997. I returned my blue slip On March 20, the chief judge of the and accept. on Judge White’s nomination. The jun- Sixth Circuit sent a letter to Chairman Mr. SCHUMER. Will my colleague ior Senator from Michigan, Mr. Abra- HATCH expressing concerns about an al- yield further? ham, did not. More than 10 months leged statement from a member of the Mr. LEVIN. Yes. later, on October 22, 1997, Senator Judiciary Committee that ‘‘due to par- Mr. SCHUMER. I thank the Senator LEAHY, as ranking member of the Judi- tisan considerations,’’ there would be for his steadfastness. He is hardly a ciary Committee, delivered what would no more hearings or votes on vacancies person with a reputation of being un- be the first of at least 16 statements on for the Sixth Circuit Court of Appeals willing to compromise and work things the Senate floor, made over a 4-year during the Clinton administration. The out. To my knowledge, he loves to do period regarding Sixth Circuit nomina- judge’s concern would turn out to be that kind of thing. tions in Michigan. He called for the well-founded. I will make one more point before committee to act on Judge White’s On April 13, 2000, Senator Abraham yielding the floor. This involves my nomination. His appeal, like others returned his blue slips for both Judge previous discussion with the Senator that were to follow, was unsuccessful. White and Ms. Lewis without indi- from Arizona, to corroborate and clar- For instance, in October of 1998, more cating his approval or disapproval. The ify the RECORD. There have been 35 than a year and a half after Judge day Senator Abraham returned his blue court of appeals judges confirmed White was nominated, Senator LEAHY slips, I spoke to Chairman HATCH and under President Bush. There were 65 in returned to the floor, where he warned sent him a letter reminding him that the 2 Clinton terms, twice as long. At the following: blue slips had now been returned, that least thus far, we are doing a better job In each step of the process, judicial nomi- objections had not been raised, ex- confirming President Bush’s court of nees are being delayed and stalled. pressed my concern about the uncon- appeals nominees than the previous His plea was ignored. The 105th Con- scionable length of time the nomina- Senates did in confirming President gress ended without a hearing for tions had been pending, and I urged Clinton’s. The numbers are fairly com- Judge White. that they be placed on the agenda of parable, with President Bush doing a On January 26, 1999, the beginning of the next Judiciary Committee con- little bit better. the next Congress, President Clinton firmation hearing. With that, I yield back to my col- again submitted Judge White’s nomi- Those efforts were unsuccessful. Two league and tell him I fully support him nation. That day, I sent one of many Michigan nominees were not placed on in his quest for some degree of fairness notes to both Senator Abraham and to the agenda. I tried again early May and comity. the chairman of the Judiciary Com- 2000. I sent another note to Chairman Mr. LEVIN. I thank my friend from mittee. In that letter, I said the 105th HATCH, but those nominations were not New York. Congress had ended without a Judici- placed on the committee’s hearing Mr. President, I discussed with the ary Committee hearing for Judge agenda then or ever. Senator from New York the situation White and suggested that fundamental Over the next several months, Sen- and the background relative to these fairness dictated there be an early ator LEAHY went to the floor 10 more Michigan vacancies. Two women, He- hearing in the 106th Congress. Again, times to urge action on the Michigan lene White, a court of appeals judge, no hearing. nominees. More than once, I also raised and Kathleen McCree Lewis, well On March 1, 1999, Judge Cornelia the issue on the Senate floor. known in Michigan as a very effective Kennedy took senior status, opening a In the fall of 2000, in a final attempt advocate—particularly appellate advo- second Michigan vacancy on the Sixth to move the nominations of two Michi- cacy—were nominated by President Circuit. The next day, Senator LEAHY gan nominees, I met with the majority Clinton to be on the Sixth Circuit returned to the floor, repeated his pre- leader, Senator LOTT, and Senator Court of Appeals. vious statement that nominations were DASCHLE to discuss the situation. I Judge White was denied a hearing for being stalled, and raised Judge White’s sent a letter to the majority leader over 4 years, which is the longest time nomination as an example. urging him, stating, ‘‘The nominees anyone has ever awaited a hearing in On September 16, 1999, President from Michigan are women of integrity the Senate. She was never given a Clinton decided to nominate Kathleen and fairness. They have been stalled in hearing by the Judiciary Committee. McCree Lewis to that second vacancy. this Senate for an unconscionable Kathleen McCree Lewis waited over a Soon thereafter, within 2 weeks, I amount of time without any stated year and a half without a hearing in spoke with Senator Abraham about reason.’’ the Judiciary Committee. both nominations, the Lewis and the Neither the meeting with the major- For a time, there was a refusal to re- White nominations. It had been more ity leader nor the letter resulted in the turn blue slips on these two nominees than 21⁄2 years since Judge White was Judiciary Committee holding hearings by my then-colleague Spence Abraham. first nominated. Twice in the next on these nominations, and the 106th

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8522 CONGRESSIONAL RECORD — SENATE July 21, 2004 Congress ended without hearings for ei- hearing, and his troubling account of binding upon the Senate of the United ther woman. that experience shed some additional States. It is simply a recommendation. Judge White’s nomination was pend- light on the Michigan situation. This has occurred in other States ing for more than 4 years, the longest He testified before the Judiciary under these and similar circumstances, period of time of any circuit court Committee last May, and said the fol- and there is no reason why it should nominee waiting for a hearing in the lowing. This is the Ohio Clinton nomi- not be used here. history of the Senate. And Ms. Lewis’s nee to the Sixth Circuit: We also, again, were given a sugges- nomination was pending for over a year To their credit, Senator DeWine and his tion by the then-chairman of the Judi- and a half. staff and Senator Hatch’s staff and others ciary Committee, Senator LEAHY, who There has been a great debate over close to him were straight with me. Over and has tried his very best to figure out a the issue of blue slips. I am not sure over again they told me two things: One, solution to this deadlock. Senator this is the place for a lengthy debate there will be no more confirmations to the LEAHY made a suggestion which was Sixth Circuit during the Clinton administra- on that issue, but I will say there has acceptable to both Senator STABENOW tion, and two, this has nothing to do with not been a consistent policy, appar- you; don’t take it personally—it doesn’t and me. It was acceptable even to the ently, relative to blue slips, although it matter who the nominee is, what credentials then-Republican Governor of the State would seem as though the inconsist- they may have or what support they may of Michigan, Governor Engler, but it ency has worked one way. have. was rejected by the White House. In 1997, when asked by a reporter Then Marcus went on. This is his tes- We have an unusual opportunity to about a Texas nominee opposed by the timony in front of the Judiciary Com- obtain a bipartisan solution. It is an Republican Senators from Texas, mittee: opportunity which has been afforded to us by the large number of vacancies in Chairman HATCH said the policy is that On one occasion, Senator DeWine told me if a Senator returns a negative blue ‘‘This is bigger than you and it’s bigger than Michigan on the Sixth Circuit Court of slip, that person is going to be dead. In me.’’ Senator Kohl, who kindly agreed to Appeals. Finding that bipartisan path October 7, 1999, Chairman HATCH said, champion my nomination within the Judici- would be of great benefit, not just as a with respect to the nomination of ary Committee, encountered a similar brick solution to this problem but to set a Judge Ronnie White: wall. . . . The fact was, a decision had been positive tone for the resolution of made to hold the vacancies and see who won I might add, had both home-State Senators other judicial disputes as well. the Presidential election. With a Bush win, been opposed to Judge (Ronnie) White in In addition to the points which I all those seats could go to Bush rather than committee, John White would never have have made, we made the additional Clinton nominees. come to the floor under our rules. I have to point at the Judiciary Committee rel- say, that would be true whether they are We are not alone in the view that ative to the qualifications of Judge Democrat Senators or Republican Senators. what occurred with respect to these Saad. We indicated then and we went That has just been the way the Judiciary Sixth Circuit nominees was fundamen- into some detail then that it is our be- Committee has operated. . . . tally unfair. Even Judge Gonzales, the lief that his judicial temperament falls Apparently, it is not operating that current White House counsel, has ac- below the standard expected of nomi- way anymore because both Michigan knowledged it was wrong for the Re- nees to the second highest court in this Senators have objected to this nominee publican-led Senate to delay action on country. based on the reasons which I have set judicial nominees for partisan reasons, The Judiciary Committee considered forth: that we cannot accept a tactic at one point even calling the treatment a number of issues relating to that sub- which keeps vacancies open, refusing of some nominees ‘‘inexcusable,’’ to use ject, judicial temperament or shortfall hearings to the nominees of one Presi- his word. thereof, of this nominee in a closed ses- dent to keep vacancies open so they The tactic used against the two sion of the Judiciary Committee. I will can then be filled by another President. Michigan nominees should not be al- not go into detail further, except to That tactic should be stopped. It is not lowed to succeed, but as determined as say we have made that point. We feel going to be stopped if these nomina- we are that it not succeed, we are very keenly about that issue. tions are just simply approved without equally determined that there be a bi- The vote in the Judiciary Committee a compromise being worked out which partisan solution, both to resolve a was 10 to 9 to report out this nomina- would preserve a bipartisan spirit and current impasse, but also for the sake tion. It was a vote along party lines. the constitutional spirit about the ap- of this process. There is such an oppor- The temperament issue, however, was pointment of Federal judges. tunity to have a bipartisan solution be- raised, and properly so, in the Judici- It is my understanding that not a cause there are four Michigan vacan- ary Committee, as well as this basic single judicial nominee for district or cies on the Sixth Circuit. underlying issue which I have spent circuit courts—not one—got a Judici- In order to achieve a fair resolution, some time outlining this afternoon. ary Committee hearing during the Senator STABENOW and I have made a I suggest the absence of a quorum. Clinton administration if there was op- number of proposals, and we have ac- The PRESIDING OFFICER. The position from one home State Senator, cepted a number of proposals. We pro- clerk will call the roll. let alone two. Now both home State posed a bipartisan commission to rec- The bill clerk proceeded to call the Senators oppose proceeding with these ommend nominees to the President. roll. judicial nominees absent a bipartisan Similar commissions have been used in Mr. MCCONNELL. Mr. President, I approach. other States. The commission would ask unanimous consent that the order Enough about blue slips. Senator not be limited to any particular people. for the quorum call be dispensed with. Abraham then did return blue slips in The two nominees of President Clinton The PRESIDING OFFICER (Mr. April of 2000. He had marked them nei- may not be recommended by a bipar- ALLARD). Without objection, it is so or- ther ‘‘support’’ nor ‘‘oppose’’, but they tisan commission. Of greater impor- dered. were returned without a statement of tance, the existence of recommenda- THE IRAQ DEBATE opposition. And what happened? What tions of a commission are not binding Mr. MCCONNELL. Mr. President, I happened is, even though those blue on the President. rise today to discuss a matter of great slips were returned by Senator Abra- The White House, in response to this relevance to the debate about the war ham, there still were no hearings given suggestion—again, even though it was in Iraq and the recent Senate report on to the Michigan nominees to the Sixth used in other States—has said that the the intelligence community. This re- Circuit. constitutional power to appoint judges port has illuminated a subject of con- There was also an Ohio nominee rests with the President, and of course siderable controversy and partisan named Kent Markus who was nomi- it does. So there is no way anyone criticism of the President. nated to the Sixth Circuit. In his case, would propose or should propose that a I also rise to speak about the impor- both home State Senators indicated bipartisan commission be able to make tance of maintaining a basic standard their approval of his nomination, but recommendations which would be bind- of fairness in American politics. nonetheless, this Clinton nominee was ing upon the President of the United I am talking about the controversy not granted a Judiciary Committee States, nor is the recommendation that erupted over the infamous ‘‘16

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 2004 CONGRESSIONAL RECORD — SENATE S8523 words’’ in the State of the Union Ad- The report on the former Ambassador’s suggested that he be sent to Niger, according dress that Senator KERRY and numer- trip to Niger, disseminated in March 2002, did to the Senate report. ous Senate Democrats and the media not change any analysts’ assessments of the That story can be read on Page A14 of cited in accusations that the President Iraq-Niger uranium deal. For most analysts, the New York Times. the information in the report lent more Claim No. 4 is Wilson’s allegation misled the country into war. credibility to the original CIA reports on the On January 28, 2003, President Bush uranium deal. . . . that the CIA warned the White House told the American people that: about the Niger claim and that the Let me repeat: The British government has learned that White House manipulated intelligence Saddam Hussein recently sought significant For most analysts, the information in the to bolster its argument for war. Wilson quantities of uranium from Africa. report lent more credibility to the original CIA reports on the uranium deal. . . . charged: That was in the President’s State of The problem is not the intelligence but the the Union address in January 2003. Claim No. 2 is similarly egregious. manipulation of intelligence. That will all When doubt surfaced about some— According to the Washington Post, come out despite (Sen.) Roberts’ effort to but not all—of the evidence supporting ‘‘Wilson provided misleading informa- shift the blame. This was and is a White this claim, Joe Wilson, who had trav- tion to the Washington Post last June. House issue, not a CIA issue. eled to Niger to investigate an aspect He said then that the Niger intel- This reckless charge by Wilson was, we ligence was based on a document that know, repeated by many of the President’s of the intelligence, penned an op-ed in critics. the New York Times accusing the ad- had clearly been forged . . . ’’ But ‘‘the Of course, it is not true. It simply is ministration of manipulating intel- documents . . . were not in U.S. hands until eight months after Wilson made not true. ligence. The Senate Intelligence Report de- Not pausing for a full investigation, a his trip to Niger.’’ termined the White House did not ma- partisan parade of Democratic Sen- Predictably, this bombshell appeared nipulate intelligence, but rather that ators and Presidential candidates took on page A9. Page A9, Mr. President. the CIA had provided faulty informa- to the streets to criticize the President After this story had previously enjoyed tion to policymakers. And the Wash- and accuse him of misleading the Na- extensive coverage on Page A1. ington Post recently reported that tion into war, a very serious charge. There were indeed document for- Sensing a scandal, the media geries, but these documents were not ‘‘Contrary to Wilson’s assertions the pounced. the only evidence that convinced for- CIA did not tell the White House it had NBC aired 40 reports on Wilson’s eign intelligence services about Iraq’s qualms about the reliability of the Af- claim. CBS aired 30 reports, while ABC efforts to purchase uranium. rica intelligence.’’ (Susan Schmidt, aired 18. Damningly, the former Prime Min- Washington Post, A9, 7/10/04) Newspapers did not hold back either. ister of Niger himself believed the Again: Front page news on Page A9. The New York Times printed 70 arti- Iraqis wanted to purchase uranium and According to the New York Times cles reinforcing these allegations, according to the Financial Times: and the Senate Intelligence Report, Joe Wilson admitted to Committee while the Washington Post printed 98. European intelligence officers have now re- Pundits and politicians gorged them- vealed that three years before the fake docu- staff that some of his assertions in his selves on the story. ments became public, human and electronic book may have, quote, ‘‘involved a lit- Joe Wilson rose to great fame on the intelligence sources from a number of coun- tle literary flair.’’ back of this inflammatory charge. He tries picked up repeated discussion of an il- ‘‘Literary flair’’ is a fancy way of wrote a book for which he received a licit trade in uranium from Niger. One of the saying what ordinary people shooting five-figure advance, he was lionized by customers discussed by the traders was Iraq. the breeze on their front porches all the liberal left, and he became an ad- And the Wall Street Journal has re- across America call by its real name: a viser to Senator KERRY’s Presidential ported that: lie. That is what it is. campaign, a campaign to which he is French and British intelligence (services) So, the truth is Joe Wilson did not also a financial contributor. separately told the U.S. about possible Iraqi expose the Administration; in fact, he Of course, we now know Wilson’s al- attempts to buy uranium in Niger.—7/19/04 has been exposed as a liar. legation was false. And we know the Mr. President, when the French cor- He misrepresented the findings of his chief proponent of this charge, Joe Wil- roborate a story that Iraq is seeking trip to Niger, he fabricated stories son, has been proven to be a liar. WMD, you’re probably in the right about recognizing forgeries he never After more than a year of misrepre- ballpark. saw, he falsely accused the White sentation and obfuscation, two bipar- Indeed, the Senate’s bipartisan re- House of manipulating intelligence, tisan reports from two different coun- port concluded that at the time: and he misrepresented his wife’s role in tries have thoroughly repudiated Wil- it was reasonable for analysts to assess that promoting him for the mission. son’s assertions and determined that Iraq may have been seeking uranium from Joe Wilson’s false claims have been President Bush’s 16-word statement Africa based on CIA reporting and other exposed, but the networks aren’t rush- about Iraq’s effort to procure uranium available intelligence. ing to correct the story. Will NBC cor- from Niger was well founded. Claim No. 3 is Wilson’s repeated de- rect the 40 times it ran Wilson’s In fact, the real 16-word statement nial that his wife, Valerie Plame, a CIA claims, will CBS correct the 30 times, we should focus on is the one from analyst, never recommended him for will ABC correct the 18? Lord Butler’s comprehensive report the Niger trip. To be sure, a few networks and news- about British intelligence. Here is what In his ironically titled book, The Pol- papers have noted the Senate Intel- he had to say: itics of Truth, Wilson claimed: ligence Report conclusions, but where We conclude that the statement in Presi- Valerie had nothing to do with the matter is the balance? Where are the lead sto- dent Bush’s State of the Union address . . . She definitely had not proposed that I make ries? Where are the banner headlines? is well founded. the trip. In short, where is the fairness? Let me repeat Lord Butler’s state- In fact, the bipartisan Senate Intel- Sadly, that is the state of political ment: ligence Report includes testimony that coverage in this election year. Scream- We conclude that the statement in Presi- Plame ‘‘offered up his name’’ and ing charges about the President made dent Bush’s State of the Union address . . . quotes a memo that Plame wrote that on A1, repudiation of the charges on is well founded. asserts ‘‘my husband has good rela- A9, if they are made at all. Is that fair? Those are 16 words to remember. tions with Niger officials.’’ What of the political campaigns? It’s It is now worth the Senate’s time to The New York Times recently re- a small wonder the Democrat can- consider Mr. Wilson’s claims. ported that: didates for President and their sup- Claim No. 1 is Wilson’s assertion that porters aggressively picked up the Wil- Instead of assigning a trained intelligence his Niger trip report should have de- officer to the Niger case, though, the C.I.A. son claim. After all, the media was bunked the State of the Union claim. sent a former American Ambassador, Joseph driving the train, so why not hitch a On this bold allegation, the Senate’s Wilson, to talk to former Niger officials. His ride? bipartisan report included this impor- wife, Valerie Plame, was an officer in the However, now that Wilson’s false tant conclusion: counterproliferation division, and she had claims have been exposed, shouldn’t a

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8524 CONGRESSIONAL RECORD — SENATE July 21, 2004 basic sense of fairness prevail? headlines and around-the-clock tele- I remember at the time thinking: Shouldn’t the partisans admit they vision coverage and not give a slam- This smells, this argument that the were wrong, too? dunk repudiation of the charge the President has misused 16 words and For example, some of my colleagues same kind of attention? that the CIA should be held totally re- in the Senate should ask themselves if We will watch over the next few days sponsible because those 16 words were it’s now appropriate to distance them- to see if fundamental fairness will be wrong. And now we find they were not selves from Joe Wilson’s distortions. met, and if those who championed Mr. necessarily wrong. In fact, they were Speaking on this floor on March 23, the WILSON’s charges will set the record right. Minority Leader praised Wilson and ac- straight. That smacks of this whole matter of cused the Administration of retaliating Mr. President, I yield the floor. partisanship with regard to the current against him: The PRESIDING OFFICER. The Sen- Presidential race. We have our two col- When Ambassador Joe Wilson told the ator from Utah. leagues on the other side who are now truth about the administration’s misleading Mr. HATCH. Mr. President, I com- running for President and Vice Presi- claims about Iraq, Niger, and uranium, the pliment the distinguished majority dent who voted for our actions in Iraq. people around the President didn’t respond whip, the assistant floor leader, for At least one of them spoke out on how with facts. Instead they publicly disclosed what is an excellent set of remarks, serious the actions of the Iraqi regime that Ambassador Wilson’s wife was a deep- long overdue and very much on point. cover CIA agent. under Saddam Hussein were, voted for I am on the Senate Select Committee it, and now they are trying to weasel Just last month, Senator DASCHLE on Intelligence. I remember when this out because they voted against funding noted: whole brouhaha came up, how de- it, saying they wanted to get it done Sunlight, it’s been said, is the best dis- meaned the President of the United right. Well, that is a nice argument, infectant. But for too long, the administra- States was, not only by the media but tion has been able to keep Congress and the except that we have well over 100,000 of American people in the dark . . . other seri- by this man, Ambassador Wilson, who our young men and women over there, ous matters, such as the manipulation of in- immediately took great glee in slam- and others as well, who are put at risk telligence about Iraq, have received only fit- ming the President because of 16 words if we do not fund the effort once it has ful attention. that happened to be accurate. We could started. I hope he will acknowledge now the not talk about it before now, but the Secondly, I heard lots of comments inaccuracy of his statement, and allow British findings show the President from the other side as to weapons of the sunlight to shine on Ambassador was accurate. And I, for one, am very mass destruction. They knew Saddam Wilson’s fictions. happy for the Butler report and for Hussein had them in the early 1990s. Senator KERRY welcomed Wilson what came out. The U.N. knew they had them. Almost onto his campaign team of advisors, I agree with the distinguished Sen- every Democrat of substance spoke out and his campaign hosts Wilson’s ator from Kentucky that this was page that he had them, were concerned website, which carries a disclaimer 1 offensive media to the President of about the fact that he had weapons of that it is ‘‘Paid for by JOHN KERRY for the United States, undermining what mass destruction, that he was trying to President, Inc.’’ he was saying, what he was doing, and obtain weapons of mass destruction, in- The Kerry/Wilson website includes a what we have backed him on this floor cluding the distinguished candidate for collection of articles by and about Joe in doing. Now that this man has been President in the Democratic Party. Wilson that propound his baseless alle- caught in these shall I say discrep- And to get cheap political advantage, gations against the Bush Administra- ancies—some might be a lot stronger they have tried to undermine the tion, which I don’t have time to go into than that—we see hardly any com- President of the United States because, today. Suffice it to say that show- ments about it. But having said that, I so far, we have not been able to dis- casing Wilson’s discredited views have to say I have been reading the cover except small evidences of actual should at least be met with some ac- Washington Post, and they have acted weapons of mass destruction. knowledgement that he was wrong all quite responsibly. Many of the other What has not been said, for the most along. media have not acted that way. But part, is any basement in Baghdad, any Perhaps we can learn a thing or two the distinguished Senator from Ken- swimming pool in Baghdad—a city the from the recent episode involving tucky covered this matter very well. size of Los Angeles—could store all of Sandy Berger. I feel sorry whenever partisan poli- the biological weapons necessary to Berger, an advisor to President Clin- tics trumps truth, whenever, in the in- kill a whole city such as Baghdad or ton and Senator KERRY stepped down terest of trying to get a political ad- Los Angeles and could store all of the from the Kerry campaign. He’s under vantage from one side or the other, chemical weapons that could cause investigation for removing and pos- anybody of the stature of a former Am- havoc all over the world. The fact we sibly destroying classified documents bassador of the United States would have not found them yet does not mean being reviewed by the 9/11 Commission. participate in distorting the record, es- they are not there. Were I to engage in a little literary pecially when he knew better. It does appear the nuclear program flair, I might say it seems Sandy So again, I thank my colleague. Saddam Hussein had authorized in the walked out of the National Archives Mr. MCCONNELL. Mr. President, I early 1990s—and had been well on its with some PDBs in his BVDs, and some thank my friend from Utah. Hopefully, way to accomplishing the development classified docs in his socks. At any this will be the beginning of a wave of of a nuclear device—was not as forward rate, I think it is appropriate, and po- coverage both on the networks and in advanced as many of us thought. But litically wise, for him to leave the the newspapers on correcting the there is no question they had the sci- Kerry campaign. record and making it clear that Mr. entists in place. There is no question It is clear Senator KERRY approved of Wilson’s assertions are demonstrably they had the knowledge in place. There Mr. Berger’s departure. He should cer- false and have been so found by two dif- is no question they had the documents tainly ask the discredited Mr. WILSON ferent important reports. in place. There is no question he want- to leave the team as well. Mr. HATCH. Mr. President, I thank ed to do that, no question that he I close with a simple observation. I my colleague. I want to comment that would have done it if he could. believe vigorous political disagree- anybody with brains, when they saw I think as time goes on, more and ments are the heart of a strong democ- that Iraqi team and knew of the Iraqi more information will come out that racy. When our debates are rooted in team—of course, they could not say will indicate that the President of the fact, impassioned political disagree- much about it until now—knew the United States has taken the right ment makes our country stronger. Iraqi team had gone over to Niger, why course, with the help of this whole I also believe Americans value funda- else would they have spent the time? body. It seems strange to me that so mental fairness—fundamental fair- Niger had hardly any exportable prod- many are trying to weasel out of the ness—and deserve a news media that ucts other than food, except for position they took earlier in backing reflects this value. How is it fair to re- yellowcake uranium. Why would they the President of the United States and port an accusation with blaring page 1 waste their time going to Niger? in backing our country and in backing

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 2004 CONGRESSIONAL RECORD — SENATE S8525 our soldiers, and are trying to make timately he would have developed nu- One of those, Miguel Estrada, waited political advantage out of some of the clear weapons, as he was trying to do for more than 21⁄2 years and became the difficulties we have over there. in the early 1990s and came close to target of the first filibuster against a Now that political advantage has doing by everybody’s measure who judicial nominee in American history. been tremendously diminished—tre- knew anything about it. Had that oc- This Hispanic man deserved better mendously diminished—as of the time curred and we didn’t do anything about treatment, but he was mistreated for that jurisdiction was turned over to it, guess who would have had to. And if crass partisan purposes. Though a bi- the Iraqis. They are now running their they had to, as they did in the early partisan majority of Senators sup- country, with us as backup to help 1980s in taking out the nuclear reactor, ported Miguel Estrada, he had to with- them, to help bring about the freedoms we would have world war III without draw after an unprecedented seven clo- all of us in America take for granted question. ture votes, meaning seven attempts to every day. I doubt they will ever have So there is a lot involved here. This try and get to a vote where he could the total freedoms we take for granted is not some simple itty-bitty problem, have a vote up or down. Those seven every day, but they have a lot more nor is it something conjured up by the cloture votes, any one of which would freedom now than they ever even con- President of the United States, nor is have ended the filibuster and allowed templated or thought possible under it something that really intelligent, that vote up or down, he went through the Saddam Hussein regime. honest, bipartisan people should ig- seven of them, the most in the history That is because of our country. That nore. We need to work together in the of this country for any judicial nomi- is because of our young men and best interests of this country and of nee. By the way, the only nominees women who have sacrificed. I particu- the world to make sure that these mad- who have ever had to go through clo- larly resent it when, for cheap political men do not control the world and con- ture votes in a real filibuster or in real advantage, some of our colleagues get tinue to control our destinies and that filibusters have been President Bush’s up and moan and groan about what is these madmen don’t get so powerful nominees. We have had cloture votes going on over there. Every time they that they can do just about anything before, but there never was any ques- do it, it undermines the very nature of they want to in the world. You can see tion that the nominees were going to what our young men and women are how they try to intimidate just by get a vote in the end. sacrificing to accomplish. threats and even action. Well, great Several weeks prior to those first Fortunately, it is the few who do countries cannot give in to threats, nor nominations, shortly after President that. But nobody on this floor on either can we give in to offensive action that Bush’s inauguration, the Democratic side should be undermining our young needs to be dealt with. This country leader stated that the Senate minority men and women over in Iraq, who are has led the world in standing for free- would use ‘‘whatever means necessary’’ heroically serving, some dying—over dom. to block judicial nominees they did not 900, as we stand here today. I have to say that I loved the com- like. We have seen the fulfillment of Cheap political advantage—that is ment of Colin Powell when somebody that statement as a variety of tech- the era we are in, I take it. Both sides in a foreign land snidely accused the niques have been employed to delay or from time to time have used efforts to United States of attempted hegemony obstruct the confirmation of nominees, accomplish cheap political advantage, or trying to be imperial. He basically including bottling up nominees in com- but I have never heard it worse than said: Our young men and women have mittee, injecting ideology into the con- what I have seen this year against this given their lives all over this world for firmation process, seeking all unpub- President. I have never seen a more vi- freedom, and the only ground that we lished opinions, requesting nominees to cious group of people than the outside have ever asked in return is that in produce Government-owned confiden- commentators who hate President which we bury our dead. That is true to tial memoranda, repeated rounds of Bush. In all honesty, we can sit back this day. I think if the rest of the world written questions, and multiple filibus- and let these terrorists run around this looks at it honestly, they will have to ters. It is a sad commentary on the de- world and do whatever they want to do say America really does stand for that terioration of the judicial confirmation and act like it won’t affect us or we principle: freedom and decency and process that we are now approaching can take action to try to solve the honor and justice, not just in this land double-digit filibusters in the U.S. Sen- but for other lands as well. problem. ate of 10 judges or more. Mr. President, as I understand it, we It is a long-term problem; it is not a Let me reiterate a few points which I are on the Saad nomination. short-term one. It is going to take a lot made yesterday concerning the process The PRESIDING OFFICER (Mr. TAL- of courage and good leadership, and it of confirming judges. Despite this ENT). The Senator is correct. is going to take people who don’t just Mr. HATCH. As we begin the debate range and frequency of obstructionist quit and hope they will go away. They on this nomination, I want to put it in tactics which we have seen, some of are not going to go away. These people the larger context of the judicial nomi- them entirely new in American his- are committed ideologues. They are nation process. tory, the Senate has confirmed 198 theocratic ideologues. And in many re- On May 9, 2001, President Bush nomi- judges during the past 3 years. I will spects throughout the history of the nated 11 outstanding individuals to note that this is behind the pace of world, that is where most of the really serve on the Federal bench. I would President Clinton in his first term. And dangerous difficulties come. It is note that this was months earlier than the minority has made even these con- through vicious, radical, theocratic previous new Presidents, giving the firmations as difficult as possible. Yet ideologues. Frankly, that is what we Senate plenty of time to begin consid- some of my colleagues think that the are facing. Anybody who thinks this is ering his nominees. In the 3-plus constitutional duty to advise and con- going to be just an easy slam dunk to years—over 1,100 days—since those sent has a time clock attached to it resolve has not looked at any of the in- nominations, the Senate has confirmed and that the time has run out for the telligence, has not thought it through, only 8 of the first 11 nominees. By com- Senate to do its duty. I reject this and really has not spent enough time parison, the previous 3 Presidents saw analysis, either that the previous worrying about it on the Senate floor their first 11 appeals court nominees agreement to allow the vote on the 25 or otherwise. all confirmed in an average of just 81 judges was the sum total of our work in I have not always agreed with our days following their nomination. We the Senate or the notion that judicial President. I probably have been wrong are now 1,100 days past. Not so for nominations cannot be confirmed after when I haven’t. The fact is, I sure agree President Bush. some mythical deadline is announced. with him in supporting our troops and While three of his first nominees There are plenty of examples of con- supporting freedom in the world. Think were confirmed within 6 months, many firmation of judges in Presidential about it. If Saddam Hussein had been others waited for 2 years or more be- election years during the fall, some of allowed to go on unchecked, not only fore they were confirmed. But even this which occurred during or after the would millions of Iraqis be kept in ter- long wait was better than the fate of election was held. Stephen Breyer is a rible conditions, upwards of a million the three remaining nominees who perfect illustration. He now sits on the killed viciously by that regime, but ul- have been subjected to filibusters. Supreme Court of the United States.

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8526 CONGRESSIONAL RECORD — SENATE July 21, 2004 Stephen Breyer was confirmed to the dent Bush’s attempt to fill four critical judgeship in 1992, when the first Presi- First Circuit Court of Appeals. That is vacancies on that court, and two dis- dent Bush nominated him for a seat on just one example. I was the one who trict vacancies in Michigan, these the United States District Court for helped make that possible because nominations remained stalled in the the Eastern District of Michigan. The Reagan had been elected. Senate. There are many factors con- fact that he did not get a hearing may The Republicans had won the Senate tributing to the stalemate we have have worked to his benefit, since he for the first time in decades. There was found ourselves in with regard to con- was appointed in 1994 by Governor no real reason to allow what many firmations on the Sixth Circuit, some Engler to a seat on the Michigan Court thought was a liberal Democrat to be of which go back to the Clinton admin- of Appeals. He was elected to retain his appointed to any court at that point or istration. I will discuss that in detail seat in 1996 and again in 2002, receiving to be confirmed to any court at that at a later point, but for now, everyone broad bipartisan support in each elec- point. But Stephen Breyer was an ex- knows that I have been working to tion. ceptional man. He not only had been reach an accommodation that would On November 8, 2001, President Bush chief of staff to Senator KENNEDY on help move this process forward. nominated Judge Saad for a seat on the the Judiciary Committee, and not only I have great respect for Senators Sixth Circuit, the position for which was he a Harvard law professor and a LEVIN and STABENOW. I have worked for we are considering him today. When no brilliant legal theorist, he was a very many years with Senator LEVIN and action was taken on his nomination honest, decent, honorable man. I have reached agreements with him on during the 107th Congress, President helped carry that fight. It wasn’t much many difficult issues. For example, Bush renominated him to the Sixth of a fight in the end because the Repub- Senator LEVIN and I worked with Sen- Circuit on January 7, 2003. All told, licans agreed, and we confirmed Ste- ators BIDEN and MOYNIHAN to dramati- Judge Saad has been nominated for a phen Breyer late in the year after the cally revise the regulations pertaining seat on the Federal bench three sepa- election took place. to heroin addiction treatment. That ef- rate times. It is high time the Senate I helped facilitate that confirmation fort is paying off. I remain hopeful that completed action on his nomination. which took place after the November we can do so here. Judge Saad’s credentials for this po- 1980 presidential election. That nomi- On this issue, I have continued to sition are impeccable. He graduated nation was made by President Carter, work with Senators LEVIN and STABE- with distinction from Wayne State who had just been defeated by Presi- NOW. I have carefully listened to their University in 1971 and magna cum dent Reagan, and yet we acted on it. I concerns. And while the Michigan Sen- laude from Wayne State University note that Senator Thurmond was the ators’ negative blue slips were accorded Law School in 1974. He then spent 20 ranking member at that time. Yet his substantial weight—that is why this years in the private practice of law name continues to be invoked as the has taken so long—I delayed sched- with one of Michigan’s leading firms, authority of a binding precedent. I re- uling a hearing on any of the Michigan Dickinson, Wright, specializing in ject the notion of this purported rule nominees because of the Michigan Sen- product liability, commercial litiga- and would hope that the service of the ators’ views. Their negative blue slips tion, employment law, labor law, longest serving and oldest Member to are not dispositive under the commit- school law and libel law. In addition, have served in this body would not be tee’s Kennedy-Biden-Hatch blue slip he has served as an adjunct professor used in the manner I have heard re- policy. It was started by Senator KEN- at both the University of Detroit peated in the committee and on the NEDY, confirmed by Senator BIDEN, and Mercy School of Law and at Wayne Senate floor. I have gone along with my two liberal State University Law School. Besides, Senator Thurmond was colleagues on the committee. Judge Saad is active in legal and chairman of the committee, and at one I don’t think there is any doubt that community affairs. Some of the organi- time he did say: We have had enough I have attempted to reach an accom- zations he has been involved with in- confirmations, and this is what we are modation that would fill these seats. clude educational television, where he going to do. We are going to stop this Unfortunately, my efforts have not serves as a trustee, the American Heart year. been successful. I remain hopeful that Association, Mothers Against Drunk But even then he didn’t. we can come to a resolution, and I will Driving, and other nonprofit organiza- Under the Senate Democrats’ theory, keep trying to do so. But I must em- tions that serve the elderly and im- the Senate has apparently confirmed phasize, in my view, integral to any ac- paired. As a leader in the Arab-Amer- enough judges. The remaining vacan- commodation is the confirmation of ican community, Judge Saad has cies, half of which are classified as ju- Judge Saad, Judge Griffin, and Judge worked with a variety of organizations dicial emergencies because of the back- McKeague—at least votes up or down. in promoting understanding and good log, just don’t seem to matter to them. Since they have a majority of people in relations throughout all ethnic, racial, According to their analysis, because of the Senate who would vote for them, I and religious communities. He is an some acceptable vacancy rate or be- believe they would be confirmed in the outstanding role model. cause of the mythical time clock, the end. Judge Saad enjoys broad bipartisan remaining 25 judges pending before the These are exceptional individuals. support throughout his State, as evi- Senate should be dismissed out of Judge Saad and Judge Griffin both denced by endorsements in his last hand. This is not logical, nor is it the serve on the Michigan Court of Ap- election by the Michigan State AFL– proper approach to take under the Con- peals. Judge McKeague is a district CIO and the United Auto Workers of stitution. Judge for the United States District Michigan. He has received dozens of I will also respond to some of the ar- Court for the Western District of letters of support from leading polit- guments made that Senate Democrats Michigan. He was unanimously con- ical figures, fellow judges, law profes- have only rejected six or seven nomi- firmed by the U.S. Senate. sors, private attorneys, the Michigan nees. The fact is, the Senate has not re- It has been nearly 1 year since the Chamber of Commerce, and a variety of jected the nominees which have been Judiciary Committee first considered other groups. filibustered. If they have the votes to the nomination of Henry W. Saad, who Let me quote from just a few of the defeat the nominee, then let those has been nominated for a position on letters received in support of Judge votes be cast and let the results stand. the United States Court of Appeals for Saad’s nomination. Maura D. Corrigan, But a minority of Senators are denying the Sixth Circuit. This is an historic Chief Justice of the Michigan Supreme the Senate from either confirming or appointment. Upon his confirmation, Court, wrote: ‘‘Henry Saad has distin- defeating some of these nominees. That Judge Saad will become the first Arab- guished himself as a fair-minded and is what we are seeking today—an up or American to sit on the Sixth Circuit, independent jurist who respects the down vote. which covers the States of Kentucky, rule of law, the independence of the ju- Mr. President, unfortunately, one of Ohio, Tennessee, and Michigan. diciary, and the constitutional role of the battlegrounds of this judicial ob- It is long past time for the Senate to the judiciary in our tripartite form of structionism has been the Sixth Cir- consider Judge Saad’s nomination. He government. . . . Judge Saad is a pub- cuit Court of Appeals. Despite Presi- was first nominated to fill a Federal lic servant of exceptional intelligence

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 2004 CONGRESSIONAL RECORD — SENATE S8527 and integrity. He has the respect of the what has occurred with regard to this The thinking is that the current Sixth Cir- bench and the bar.’’ Other judges have nominee and other nominees to the cuit will sustain the affirmative action pro- written that he is ‘‘a hard-working and Sixth Circuit. There has been an or- gram, but that if a new judge with conserv- honorable individual’’ and that he is chestrated effort to block rule of law ative views is confirmed before the case is decided, the new judge will be able . . . to re- ‘‘an outstanding appellate jurist with a nominees for some time now. view the case and vote on it. strong work ethic.’’ Roman Gribbs, a The House of Representatives had The Kennedy memorandum further lifelong Democrat and retired judge, hearings on this matter some time ago states that some ‘‘are a little con- wrote, ‘‘Henry Saad is a man of per- and was highly critical about what has cerned about the propriety of sched- sonal and professional integrity, is occurred. Frankly, I am not sure we uling hearings based on the resolution fair-minded, very conscientious and is fully know the story yet of all that oc- of a particular case. We are also aware above all, an outstanding jurist.’’ curred. Let’s take recent history when that the Sixth Circuit is in dire need of Judge Saad has clearly earned the re- the Democrats were in the majority in judges.’’ spect and admiration of his colleagues the Senate and they controlled the Ju- The memorandum goes on to con- on the Michigan State court bench. His diciary Committee and could decide clude: nomination deserves consideration by what nominees came up for vote. this Senate. The Democrats made a number of Nevertheless we recommend that Gibbons I hope that our consideration of be scheduled for a later hearing: The Michi- questionable decisions, and they took gan case is important. Judge Saad’s nomination is not over- care of some outside groups, and they shadowed by collateral arguments took certain steps that were quite sig- Even though it was understood to be about the propriety of his nomination, nificant. A number of nominees were wrong to influence the outcome of a the committee blue slip process, an at- delayed or blocked. As I recall, even pending case, it was recommended that tack on his personal character and then there were four, maybe six, vacan- Gibbons be delayed. qualifications, or other diversionary cies in this circuit. Right now, 25 per- Now, people like to suggest that the arguments. The question before the cent of the circuit is vacant. It is an holdup in these nominations is some Senate is the qualifications of Judge emergency situation, according to the flap with the home State Senators, Saad to sit on the Federal bench. courts, because we have so many va- that it is tit for tat. I remember a good We have heard from the other side cancies there. friend who former President Bush nom- about the President just steamrolling Thirty-one assistant United States inated, John Smietanka, for this cir- these nominations, without consulting attorneys—these are the prosecutors cuit. He was blocked. He was a wonder- with the home state Senators. who try cases every day, not a political ful nominee, a saintly person really, a Mr. SESSIONS. Mr. President, I join group, but a group of workhorse attor- great judge. He was blocked, so they the distinguished chairman of the Judi- neys trying cases—have expressed con- say this is all tit for tat, but I do not ciary Committee, Senator HATCH, in cern about the failure to fill these ap- think so. supporting Henry Saad for the U.S. Cir- pointments and how long it takes their I am afraid what really is at work is cuit Court for the Sixth Circuit. He is criminal appeals to be decided. But I this circuit was narrowly divided. In an exceptionally qualified nominee want to share this with my colleagues fact, as I recall, the University of who has great support in his area. He because I think we might as well talk Michigan case was decided by one vote. graduated with distinction from Wayne about it. I wish it had not happened, Had the new judge been confirmed and State University and then magna cum but it has. voted the other way, it would have laude at Wayne State University Take the case of Julia Gibbons of been a tie vote. That verdict would not School of Law. He has served for a dec- Tennessee. She was a very talented have come out as it did. So I think ade on the Michigan Court of Appeals. nominee to the Sixth Circuit early on. there is an attempt to shape the make- He was nominated for this position by When the Democrats were in control of up of this court. Let’s not make any former President Bush 10 years ago and the Judiciary Committee, her nomina- mistake about this whole issue. The ju- was held up, blocked, and did not get a tion in 2001 was mysteriously slowed diciary debate is not about politics; it hearing, and now he is back and being down. It did not move. At one point in is not Republican versus Democrat. This debate is about the beliefs, the held up again. March of 2002, Senator MCCONNELL He has the necessary experience to spoke on the floor, and he complained value judgment, and the legal philos- serve. He has been active in his com- that she had waited 164 days and never ophy of President Bush, and I dare sug- munity. He is a Heart Association had a hearing, and we wondered what gest a vast majority of American citi- board member, Oakland College Com- was going on and why this fine nomi- zens. President Bush and the American munity Foundation chairman, member nee was being held up. people believe that judges should be of the board of the Judges Association, We now know through the release of bound by the law, they should follow Michigan Department of Civil Rights internal memos that were published in the law, they should strictly follow the hearing referee. He is a Community newspapers, in the Wall Street Journal law, and that unelected, lifetime ap- Foundation of Southeast Michigan and other places that discussed this pointed Federal judges are not in power board member. He has written a num- case, what happened. Frankly, I do not to set social policy because they are ber of articles on subjects such as em- think these memos should have been unaccountable to the public. So that is ployment discrimination, AIDS in the made public—under the circumstances, the big deal. There are people who believe other- workplace, libel standards, and legal they were, based on what I know. But wise. There are people who can no ethics. He has given a number of things leak around here. That is the longer win these issues at the ballot speeches, primarily on appellate advo- way it is. I have to share with this box, if they ever could. They want cacy. He has been nominated for a posi- body what occurred. judges to declare things that they do tion as an appellate judge, so this is What we know is that in April of 2002, not want to have their fingerprints on, good experience. Appellate judges do there was a staff memorandum to Sen- like taking God out of the Pledge of Al- not try cases, as the Presiding Officer ator KENNEDY from his staff that indi- legiance. These are activist decisions. knows. Appellate judges review trials cates that the NAACP, which was a So I believe this is a matter far deeper that went on before. They review briefs party to a Sixth Circuit case, the than just Republican versus Democrat; carefully and they hear arguments Michigan affirmative action case to be it represents a debate about the nature from attorneys involved in a case and exact, that they considered to be an of the American judiciary—do we stay who have written briefs in summary, important case—this is what the true to an Anglo-American tradition and then they make written rulings to memorandum says: That the NAACP decide whether the trial was properly that judges are not political, that they would like the Judiciary Committee to hold are independent, that they wear that tried or not. We need him on this cir- off on any Sixth Circuit nominees until the cuit. University of Michigan case regarding the robe to distinguish themselves from I have to share some thoughts about constitutionality of affirmative action in the normal person, that they isolate this matter because it is important and higher education is decided by the en banc, themselves from politics, and that they something smells bad. It is not good Sixth Circuit. . . . study the law and rule on the law?

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8528 CONGRESSIONAL RECORD — SENATE July 21, 2004 That is what I believe a judge ought to him, and he said, You do not filibuster On July 8, Homeland Security Sec- do. That is the ideal of American law. judges; we have never filibustered retary Tom Ridge and FBI Director It is very important that we maintain judges; that is the wrong thing to do. Robert Mueller announced that an- that. And we never filibustered President other terrorist attack is likely before When we have nominees held up ex- Clinton’s judges. the November elections, yet the Home- plicitly to affect the outcome of a case I voted to bring several of them up land Security appropriations bill, that might come before them, a very for a vote and cut off debate even which the committee reported 4 weeks important and famous case, indeed per- though I voted against those judges be- ago, has not even been presented to the haps the most significant case that cause they should not be on the bench. full Senate for its consideration. What year—maybe even in the last half- I did not vote to filibuster the judge, is wrong? What is wrong with this pic- dozen years—to be shaped and blocked and I think that is the basic philosophy ture? Talk about fiddling while Rome simply because of that case is bad. In of this Senate. burns. The flames are all around us. fact, after the case was over, Judge I hope we will look at this carefully. The Senate Republican leadership is Gibbons was confirmed 95–0 by this These nominees are highly qualified. setting the stage for another one of body. There never was any objection to They are highly principled. Many of these massive spending bills that may her other than they were afraid it them have extraordinary reputations, be brought up in the Senate in an would affect the outcome of the case. like Miguel Estrada, Judge Pickering, unamendable form. And one shudders There are vacancies on the Sixth Cir- Bill Pryor, and Priscilla Owen from to think what will go on behind closed cuit. The President is empowered to Texas, a justice on the Texas Supreme doors. Who among the 100 Senators will make the appointments. He is empow- Court who made the highest possible be in the meetings that produce a mas- ered to make the appointments accord- score on the Texas bar exam. These are sive bill that appropriates over $400 bil- ing to the legal philosophies and prin- highly qualified people who ought to be lion for veterans, education, homeland ciples he announced to the American given an up-or-down vote. If they were security, highways, agriculture, and people when he ran for office. President given an up-or-down vote, they would the environment? Who among the 100 Bush declared that he was going to be confirmed just like that. Senators will be in the meetings when nominate and fight for judges who Unfortunately, we are having a slow- decisions are made about including down, unprecedented in its nature. If would follow the law, not make law, provisions on drug importation, gun li- this does not end and we cannot get an who would show restraint, who would ability, farm bill issues, nuclear waste up-or-down vote on these judges, those be true to the legitimate interpreta- storage at Yucca Mountain, overtime of us on this side need to take other tion of the statutes and the Constitu- rules, or on the outsourcing of govern- steps. And we will take other steps. We tion, not using that document to fur- ment services? Does anybody know? ther promote their own personal agen- need to fight to make sure that the And, who knows what surprises, that das. That is what he has done, and that traditions of this Senate and the con- were never debated or even con- stitutional understanding of the con- is what Judge Saad’s record is. He is templated in the Senate, will find their firmation process are affirmed and de- not going to impose his values on the way into such an omnibus? What kind feat the political attempts to preserve people of the Sixth Circuit. That is not of interesting bugs will crawl into this an activist judiciary that our col- his philosophy of judging. His philos- big bad apple of a bill? I cannot tell leagues, it appears, want to keep in ophy is to follow the law, not to make you how many Senators will be in the power so that they can further their the law. We have no fear of that kind of room, but I can assure you of one political agenda, an agenda they can- judge. We ought to confirm him. thing. The White House will be there. not win at the ballot box. The people of this Nation need to You can bet on that. They will be there know that the Democratic leader, Sen- I yield the floor, and I suggest the ab- sence of a quorum. with their pet projects and their pet ator DASCHLE, and the Democratic ma- The PRESIDING OFFICER (Ms. MUR- peeves and their opportunities to move chine is time after time mustering 40 KOWSKI). The clerk will call the roll. certain items into their favorite votes to block these nominees from The legislative clerk proceeded to States—doing their bidding, legislating even getting an up-or-down vote. In call the roll. right along with the Senators. They fact, when we vote on cloture to shut Mr. BYRD. Madam President, I ask will be there. White House bureaucrats off debate and we have to have 60 votes, unanimous consent that the order for and soothsayers will suddenly become we are constantly getting 53, 54, 55 the quorum call be rescinded. legislators for a day, or perhaps several votes for these nominees, which is The PRESIDING OFFICER. Without days. more than enough to confirm them, objection, it is so ordered. That is not the way our Constitution but we cannot shut off the debate and OMNIBUS SPENDING BILL contemplated the writing of appropria- get an up-or-down vote. So by the un- Mr. BYRD. Madam President, there tions bills. The Framers believed that precedented use of the filibuster, these are only 22 legislative days left in this Congress ought to have the power of judges are not getting an up-or-down fiscal year. The Senate seems to be the purse. This White House would like vote. I say to the American people, frittering away those precious days. To to have it. They would like very much they need to understand this. I believe date, the Senate has only passed one to have it. But all of those constitu- the rule of law in this country is jeop- appropriations bill, the Defense bill. tional niceties get blurred and blended ardized by the politicization of the Only four bills have been reported from when it comes time to deal on Omnibus courts. We must not allow that to hap- the Senate Appropriations Committee. appropriations bills. The checks and pen. I believe the collegiality and tra- The House has passed nine appropria- balances gets thrown out the window ditions of this Senate are being altered. tions bills, but apparently the Senate when it comes time to deal with Omni- There is no doubt we have not had fili- would rather work on political bus appropriations bills. busters of judges before. In fact, about messagemaking than to take care of One could conclude that the only 4 years ago, Senator LEAHY was de- the Nation’s vital business. So I fear, thing the President wants from the fis- nouncing filibusters when President once again, that the Senate Republican cal year 2005 appropriations bill is the Clinton was in office, and now he is leadership is setting a course for a Defense appropriations bill. That is the leading it. The ranking member of the massive omnibus spending bill. That is only thing the President would want Judiciary Committee is leading a host what it looks like. That is what we are from the 2005 appropriations process— of filibusters. It is an unprincipled going to do, have a massive omnibus the Defense appropriations bill. thing. spending bill, in all likelihood. On June 24, 2004, in its Statement of I remember Senator HATCH, as chair- This year, with the failure of the Administration Policy, the White man of the Judiciary Committee and a Senate Republican leadership to even House urged the Congress to pass the guardian of the principles and integrity bring the Homeland Security bill be- Defense bill before the start of the Au- of the Senate, on many occasions told fore the Senate, the Omnibus appro- gust recess. Why? Republicans when they said, Well, we priations bill may include as many as In February, the President did not do not like this judge, we ought to fili- 12 of the 13 annual appropriations bills. ask for one thin dime, not one thin buster him, why do we not filibuster That is very conceivable to ponder. dime did he ask for as far as the costs

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 2004 CONGRESSIONAL RECORD — SENATE S8529 of the war in Iraq—nothing. Adminis- under a full-year continuing resolu- being left behind. A continuing resolu- tration officials had the temerity to in- tion. If that is what you want, I tell tion would freeze title I funding at just sist that the costs of the war were not you what you are going to get. $12.3 billion. That would leave behind knowable. Then suddenly, on May 12, If the Senate Republican leadership 2.7 million students who would not re- 2004, the President saw the light and refuses to allow the Senate to debate ceive the title I services that were realized that he needed more money for the Homeland Security appropriations promised to them in the No Child Left the war in Iraq. It must have come to bill, important funding in new pro- Behind Act. him in a sudden vision. So, like a teen- grams would not be available to the A continuing resolution would also age driver, he put the foot on the gas Department. freeze funding for special education. and insisted that the Congress give him As we all know, on March 11, 2004, Two months ago, the Senate voted a $25 billion blank check for the esca- nearly 200 people were killed by a se- overwhelmingly by a vote of 96 to 1 to lating costs of his war in Iraq. ries of bombs detonated on the transit authorize a $2.3 billion increase for the With the help of Senator STEVENS of system in Madrid, Spain. The Depart- Individuals With Disabilities Edu- Alaska, the blank check got canceled, ment of Homeland Security responded cation Act—better known, perhaps, as but the defense conference report will by sending out a list of security rec- IDEA—in fiscal year 2005, and fully include the $25 billion in additional ommendations for mass transit and fund the law within 7 years. A CR funds. The President will get the one rail systems in the United States. would put the lie to that pledge. thing he wanted out of this year’s ap- These recommendations included mov- As candidate for President in 2000, propriations process; he will get the ing garbage cans and asking com- President Bush said: Defense appropriations bill. muters to be more alert to suspicious College is every parent’s dream for their So I must ask the American people, people and packages, like unattended children. It’s the path to achievement. We why is it the President has not sent backpacks. However, despite my ef- should make this path open to all. messages to the Congress urging forts, no moneys were approved for fis- But, my dear friends, under the Bush prompt action on the bill that funds cal year 2004 for mass transit or rail se- administration, the cost of tuition has the veterans health care system? I am curity. Are we comatose in the Senate? gone up by 26 percent, making it hard- sure the veterans are concerned about Perhaps we better reach back in our er and harder for low- and middle-in- what is going to happen with respect to desks somewhere and get our living come students to pursue that dream. their needs. wills. The Pell grant: A maximum Pell Moreover, does the President not On an average workday, 32 million grant now covers only 34 percent of the know that the bill that funds our Na- people travel on mass transit. Get that, average annual cost of college com- tion’s schools is stuck in sub- 32 million people travel on mass transit pared to 72 percent in 1976. Under a committee? What about the appropria- on an average workday. However, continuing resolution, there would be tions bill that funds our highway sys- under a continuing resolution, there no increase in the maximum Pell grant tem that has not yet been considered would be no funding to help secure our now set at $4,050. There would be no in- by the House or the Senate? In Feb- mass transit and rail systems. There creases for the College Work-Study ruary, the President proposed to put a would be no funds for additional law Program or for other campus-based aid programs. So much for dreams, so man on Mars, but the bill that funds enforcement presence, no funds for ad- much for promises, so much for empty the space program has not been ditional K–9 teams, no funds for addi- marked up by either the House or Sen- talk. tional surveillance, no funds for addi- For the construction and restoration ate appropriations committees. tional public education about the According to President Bush, Con- of our Nation’s highways and bridges, a threat. Is that OK with the Senate? gress must urgently send him the De- long-term continuing resolution would Following the tragic events of Sep- fense appropriations bill; but for all of stifle the flow of billions of new dollars tember 11, the administration estab- the other appropriations bills, the atti- going to our States to improve safety lished a firm goal for the number of tude is ho hum; so what. conditions, minimize congestion, and Federal air marshals so that a high According to the administration, we create badly needed jobs. are facing another terrorist attack. percentage of critical flights could be Just this past February, more than Are we not even going to debate wheth- protected. The exact number of air three-quarters of the Senate, 76 Sen- er a 5-percent increase for the Depart- marshals is classified, but the fact is, ators, approved a surface transpor- ment of Homeland Security is enough? the Federal air marshals program has tation bill that called for an overall Last year, we fell prey to a 7-bill om- never reached the staffing level called commitment of highway funds for fis- nibus, but at least the Senate debated for in the wake of the September 11 at- cal year 2005 of $37.9 billion. Under a as freestanding bills 12 of the 13 bills. tacks. long-term continuing resolution, high- Now we are down to only one debate Instead, the White House has allowed way funding would be $4.25 billion less this year on the Defense bill. That is the number of air marshals to fall by 9 than that amount, a $4.25 billion short- one bill, and only one debate this year, percent, falling far below the goal. As fall. That difference represents more on the Defense bill. air marshals leave the program, budget than 200,000 jobs across America, jobs Where do we go from here on funding constraints prohibit the hiring of re- that are desperately needed all across the needs of the people? One of the op- placements. The number of air mar- our States. But the Senate is in grid- tions that has been discussed by the shals continues to dwindle and the lock, much like the gridlock on our Na- Republican leadership is to pass the number of critical flights they are able tion’s highways. full-year continuing resolution and to cover remains on a steady downward Our Nation’s military is serving gal- leave town, get out of town, catch the spiral. If forced to operate under a con- lantly in Iraq and Afghanistan, but next train, all aboard. That is right. tinuing resolution, the number of air under a continuing resolution the Vet- The exalted servants of the people may marshals protecting domestic and erans Health Administration, unbeliev- just decide to enjoy a summer vacation international flights could fall by an- ably, would get drastically reduced if some in the Republican leadership other 6 percent, putting Americans in health care services for our fighting have their druthers. What does it mat- greater danger. How can we con- men and women. Approximately 237,000 ter if all of the Federal Government, template such irresponsibility? Doesn’t veterans would not be able to receive except the Pentagon, operates on auto- public safety count? care, and veterans outpatient clinics matic pilot for a full year? Who needs How about funding for our Nation’s would schedule 2.6 million fewer ap- guidance from the Congress on the pri- schools? Two and a half years ago the pointments. The waiting list for vet- orities? Who needs careful scrutiny of President promised to leave no child erans seeking medical care would grow Federal programs? What about the new behind. The No Child Left Behind Act to over 230,000. What a way to treat our initiatives? Shouldn’t they be under authorized $20.5 billion in fiscal year brave men and women. Shabby and careful scrutiny? Shouldn’t questions 2005 for title I, the Federal program de- shameful are the two words that come be asked and questions answered? signed to help disadvantaged students to mind. Let me give you, my colleagues, a in kindergarten through high school, Al-Qaida operatives are in the United few examples of what would happen those students who are most at risk of States preparing for another terrorist

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8530 CONGRESSIONAL RECORD — SENATE July 21, 2004 attack. The FBI must mobilize to find stubbornly sitting on the Homeland Se- discretionary spending limits. The numbers those terrorists before they attack us. curity appropriations bill as if in total simply do not add up. But a full-year continuing resolution defiance of the dangers to our country The notion of balancing the budget, would force the FBI to freeze all hiring and to the people’s safety. while further reducing revenue, is sim- in fiscal year 2005. That would result in None of this is the fault of our able ply wrong-headed. Or, as Chairman the FBI losing 500 special agents and Appropriations Committee chairman, YOUNG succinctly puts it, ‘‘the num- negating the proposed increase of 428 Senator TED STEVENS. Early on, I en- bers simply do not add up.’’ special agents. Nor would the FBI be couraged Chairman STEVENS to move The Senate is scheduled for 19 legis- able to fund any of the new initiatives 13 freestanding, fiscally responsible ap- lative days after August. It does not proposed in the fiscal year 2005 budget propriations bills through the com- appear that there is much hope for request, including resources for the mittee and on to the Senate floor. Sen- completing our appropriations work in new office of intelligence counterter- ator STEVENS instructed his 13 sub- that time. Indications in the media rorism investigations, counterintel- committee chairmen to produce bal- from the chairman and from the Re- ligence, and fighting cyber crime. anced and bipartisan bills; however, publican leadership are that we will be Another casualty of a full-year con- the Senate Republican leadership has faced with moving an omnibus appro- tinuing resolution would be programs refused to free up floor time for the ap- priations bill when we return, possibly to combat HIV/AIDS, particularly in propriations bills. with some bills held over for a lame- eastern Europe and Asia where the epi- I will not be a party to such chica- duck session of Congress. That is a ter- demic is spreading out of control. Only nery, and I implore the leadership of rible way to do business, and I sin- one in five people worldwide have ac- this body to stop the games and stop cerely hope it does not come to that. cess to HIV/AIDS prevention programs. the politics. And I ask the majority In the remaining 2 days before we re- Yet a continuing resolution would re- leadership to set aside the pending cess, I am hopeful that we can at least duce funding for those programs by al- business and proceed to the consider- take up my subcommittee’s bill, the most half a billion. That means there ation of Calendar Order No. 588, H.R. military construction bill. The sub- would be hundreds of thousands of new 4567, the fiscal year 2005 Homeland Se- committee chairman, Senator infections of the deadly virus—infec- curity appropriations bill. HUTCHISON, and I have worked well to- tions that could have been prevented, Madam President, I yield the floor. gether to craft a good bill with the sup- lives that could have been saved. Mrs. FEINSTEIN. Madam President, port of Senators STEVENS and BYRD. I The list goes on and on and, like I echo the comments of Senator BYRD, believe that it deserves the support of Tennyson’s book, goes on. Members of the ranking member of the Appropria- the full Senate. this Congress have a duty and a respon- tions Committee. While I do not have And when the Senate reconvenes, in sibility to the American people. They the perspective of his years of service September, I hope that we on the Ap- do not want us to approve massive om- in the Senate and on the Appropria- propriations Committee will work effi- nibus spending bills that no one has tions Committee, I share his concern ciently, and on a bipartisan basis, to bothered to read. They do not want us about the breakdown we are seeing in report freestanding bills to the Senate. Mr. BYRD. Madam President, I sug- to pass mindless continuing resolutions this year’s appropriations process. There are only 2 days left before the gest the absence of a quorum. that put the Government on automatic The PRESIDING OFFICER (Mrs. pilot and their safety on the line. They Senate leaves for an extended August DOLE). The clerk will call the roll. do not want us to cash our own pay- recess. Yet the Appropriations Com- The legislative clerk proceeded to checks without doing the work we were mittee has reported out only 4 of the 13 call the roll. sent here to do. appropriations bills we must pass this Mr. CORNYN. Madam President, I We are paid to debate legislation. We year. The Senate has passed only one ask unanimous consent that the order are paid to make careful choices on be- Appropriations bill—the Defense Ap- for the quorum call be rescinded. half of the people. The elections are propriations bill. This is a dereliction The PRESIDING OFFICER. Without coming, and if we are not going to do of our primary duty in the Senate, objection, it is so ordered. our work, then we should not claim the funding the functions of Government. (The remarks of Mr. CORNYN per- title of Senator. Just like Donald The blame for this situation does not taining to the submission of S. Res. 413 Trump, come November, the American go, in my view, to the Appropriations are printed in today’s RECORD under people might decide to send us a very Committee. In the limited work the ‘‘Submitted Resolutions.’’) straightforward message: You’re fired. committee has done this year, it has The PRESIDING OFFICER. The Sen- Last week, the Republican leadership operated in an efficient, bipartisan ator from Michigan. jammed into the defense conference re- manner. But we all know that the com- (Mr. CORNYN assumed the Chair.) port a provision ‘‘deeming’’ the level of mittee has been hampered by the fail- Ms. STABENOW. Mr. President, I spending for fiscal year 2005 at the ure to enact a budget resolution. rise today to express deep disappoint- level in the budget resolution con- A budget is a clear articulation of ment about what is taking place on the ference report. It seems now we are priorities. We are having these prob- Senate floor in the cloture vote sched- ‘‘deeming’’ our way through budget de- lems because of a failure to prioritize, uled for tomorrow. For the past 31⁄2 bates. ‘‘Deeming’’—this provision was or because of skewed priorities. As we years, Senator LEVIN and I have been not contained in the Senate or House all know, the Congressional Budget Of- urging the Bush administration to version of the Defense bill. It was not fice is projecting a $477 billion deficit work with us to develop a bipartisan debated here on the Senate floor. Yet in fiscal year 2004. solution regarding the Michigan nomi- this innocuous-sounding ‘‘deeming’’ But some in the Congress continue to nees to the Sixth Circuit Court. We provision will have far-reaching con- believe that more tax cuts should be have met on several occasions with sequences. That provision will result in the priority in this Congress. And they Judge Gonzales, the current White appropriations bills that inadequately refuse to subject these tax cuts to the House counsel, and other White House fund homeland security, education, discipline of pay-as-you-go rules, which staff, but the White House has rejected veterans, transportation, and other would require offsetting revenue in- all of our efforts at a compromise. We programs to meet domestic needs. And creases, or spending cuts. also had numerous meetings with the consequences are not just on paper. They insist that we can balance the Chairman HATCH and testified before The American public is being cheated books by ‘‘controlling’’ nondefense, the Senate Judiciary Committee sev- year after year by the steady erosion of nonhomeland security, discretionary eral times on the need for a bipartisan money available to fund the public’s spending. Yet, no one has shown any solution. priorities. They are being ‘‘deemed’’ inclination to significantly cut discre- Chairman HATCH had expressed a down the river. tionary spending. Just the opposite. As willingness to work with us and to This year, even while the directors of BILL YOUNG, the chairman of the House work with Senator LEAHY on a bipar- Homeland Security, the FBI, and the Appropriations Committee notes: tisan solution to this impasse, but it CIA are warning us of al-Qaida in our No one should expect significant deficit re- seems these efforts have been aban- midst, we still are unaccountably and duction as a result of austere non-defense doned by Republican leadership in

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 2004 CONGRESSIONAL RECORD — SENATE S8531 favor of scoring political points before ment worker who was doing Govern- tration nominee, was recommended by the party conventions. ment work but driving her own auto- the bipartisan Wisconsin commission I still believe the best way to end mobile. and had the support of both of her this impasse is to forge a compromise. In the complicated case, the majority Democratic home State Senators. I hope the Bush administration and the found that Michigan’s sovereign immu- This process works. The Wisconsin Republican leadership will not con- nity statute was not applicable, since a commission includes representatives tinue down this road of what appears more specific civil liability statute from the Wisconsin Bar Association, to be politically motivated and par- said that car owners are not immune the deans of the State’s law schools, as tisan cloture votes instead of working from liability. Car owners have liabil- well as members appointed by both Re- with us to develop a fair solution. A ity in these kinds of cases. publicans and Democrats. They only ‘‘nay’’ vote on cloture will preserve po- The dissenting Judge Saad stated recommend qualified candidates who tential negotiations toward the bipar- that the sovereign immunity statute have the support of the majority of the tisan compromise we have been seek- applied but the civil liability statute commission. The President then looks ing. A ‘‘yea’’ vote will destroy these ef- did not and, thus, the injured plaintiff to the recommendations of the com- forts and, unfortunately, be a vote for could not recover. mission when making his nominations. preconvention politics. Judge Saad was harshly criticized for The Wisconsin commission’s rec- Let me start by saying a few words his dissent by the majority of the ommendations have always been fol- about Judge Saad’s nomination. Judge judges, who essentially called him a ju- lowed by the President, regardless of Saad is before us now. After listening dicial activist: political party. Again, this system has to people in Michigan who have shared Indeed, it is the dissent that urges ‘‘rewrit- worked. serious concerns with both Senator ing’’ the statutes in question and advocates This type of commission preserves LEVIN and I, and having had an oppor- overstepping the bounds of proper judicial the constitutional prerogatives of both tunity to review the FBI background authority. the President and the Senate. It allows materials, I have to say that I have se- Based on these concerns, I do not be- the President to pick one of the rec- rious concerns about Judge Saad’s tem- lieve Judge Saad has the necessary ju- ommended nominees and protects the perament and appropriateness for serv- dicial temperament to serve a lifetime Senate’s advise and consent role. Wisconsin is not the only State ing on this important bench. While I appointment—a lifetime appoint- where this type of bipartisan commis- cannot go into specifics, I urge my col- ment—on the Sixth Circuit Court of sion works. In a similar form, it has leagues to review the Judiciary Com- Appeals. worked in several other States, in- mittee’s FBI background materials for Mr. President, I wish to speak more cluding Washington, California, and themselves. broadly now about the process of bring- Judge Saad’s lack of fitness for this ing the Sixth Circuit nominees to the Vermont. Unfortunately, the White House con- appointment is also evidenced in the floor of the Senate. Senator LEVIN has tinues to reject this proposal from record he has put together as it relates spoken eloquently about the history of Michigan, despite having agreed to to his work on the Michigan Court of the Sixth Circuit nominees prior to my similar commissions in other States serving in the Senate. He has explained Appeals. Most troubling, perhaps, are with other Democratic Senators. his decisions and reversals in cases in- how two extremely well-qualified Senator LEVIN and I are interested in volving the application of the law in women—Judge Helene White and Kath- finding a real bipartisan solution to civil rights cases—particularly in sex- leen McCree Lewis—failed to get a this problem. We have stated on nu- ual harassment cases. hearing before the Judiciary Com- merous occasions that we are willing 1 His decisions also demonstrate hos- mittee for more than 4 years and 1 ⁄2 to accept the commission’s rec- tility to the rights of whistleblowers. years, respectively, during the previous ommended nominees, even if they do We know in this day and age, as we administration. not include Helene White and Kathleen have learned through those who were In fact, if she had been confirmed, Lewis, or any other person we would courageous and came forward in the Kathleen McCree Lewis would have choose if it were up to us. Enron and Halliburton cases, and oth- been the first African-American woman Instead of divisive cloture votes, let’s ers where employees have come for- on the Sixth Circuit Court of Appeals. look to the future and restore civility ward, how important it is to be able to Senator LEVIN and I are not alone in to this process. It is time to do that protect the rights of employees who see the view we hold that what occurred with the Sixth Circuit. that something is wrong and they step with respect to these nominees was I hope we can still accomplish this forward. They are what we call whistle- fundamentally unfair. and that the Bush administration and blowers. On more than one occasion, Judge Chairman HATCH will work with us to His decisions also have been hostile Gonzales, the current White House develop a fair compromise to this long- to the rights of people who are injured. counsel, has acknowledged that it was standing problem. For example, in Coleman v. State, wrong for the Republican-led Senate to Let me take a moment to reiterate Judge Saad joined in deciding against delay action on judicial nominees for this is not about being unwilling to fill the plaintiff in a sexual harassment partisan reasons, at one point even vacancies. As other colleagues have in- case, which was later reversed by the calling the treatment of some nomi- dicated, we have, in fact, confirmed 198 Michigan Supreme Court. Coleman, a nees during the Clinton administration judicial nominees of this President, State prison employee, was subjected ‘‘inexcusable.’’ and I have voted for the overwhelming to comments by her supervisor about Senator LEVIN and I have repeatedly majority of those nominees. This is her allegedly provocative dress and to proposed to settle this longstanding more judicial nominees than were con- daily inspections of her clothing, after conflict by appointing a bipartisan firmed for President Reagan in all 4 she was the victim of an attempted as- commission to make recommendations years of his first term, more nominees sault and rape by an armed prison in- to the White House on judicial nomina- than were confirmed for first President mate. She was the one who was ques- tions. Bush during his 4-year Presidency, and tioned, as too often we hear as it re- Our proposal would be based on the for President Clinton in all 4 years of lates to women who are told it was commission that is set up and working his second term. Mr. President, 100 their fault, because of the way they just across Lake Michigan in Wis- judges were confirmed in the 17 months dress, and that is why they were as- consin. The State of Wisconsin com- of the Democratic Senate majority. saulted. The Michigan Supreme Court mission has produced bipartisan nomi- So under Democratic control, we con- reversed the decision, holding that nees for both district and circuit courts firmed 100 judges, and we were only in there was sufficient evidence for the since its inception under the Carter ad- the majority for 17 months of the last victim to go to trial. ministration. almost 4 years. Now, 98 more judges In Haberl v. Rose, Judge Saad dis- In fact, just recently, the Senate con- have been confirmed in the 25 months sented from the court of appeals’ rein- firmed Judge Diane Sykes for a va- of Republican leadership. In other statement of a jury verdict for the cancy on the Seventh Circuit Court of words, the Democrats were in the ma- plaintiff who was injured by a Govern- Appeals. Judge Sykes, a Bush adminis- jority less time and confirmed more

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8532 CONGRESSIONAL RECORD — SENATE July 21, 2004 judges for this President during the and so it is appropriate for the U.S. agreement and in the Generalized Sys- last 31⁄2 years. So this is not about Government to reciprocate that sup- tem of Preferences. being unwilling to support filling port with a bilateral free-trade agree- Morocco does have problems with judgeships, but it is about a very spe- ment so long as it leads to expanded child labor. Although not employed in cific concern about what has been hap- economic opportunities for both part- regular manufacturing, child labor is pening in Michigan and the lack of ners. commonly used in cottage industries, willingness of the administration to Once in place, this agreement will such as rug making, and many Moroc- work with both Senators to fulfill our generate significant economic benefits can middle-class households use chil- equal responsibilities of being able to to both Morocco and the United States, dren as domestic servants. The Govern- pick the best people to serve our great and with Morocco’s strategic position ment of Morocco did pass new labor State for a lifetime appointment. on the continent of Africa and easy ac- laws last month which included raising These are not Cabinet appointments cess into Europe through the Strait of the minimum working age from 12 to 15 of this President. They are lifetime ap- Gibraltar, it could serve as a gateway and reducing the workweek from 48 to pointments. The reason the Framers of to even more markets. 44 hours, but a recent U.S. Department the Constitution divided the responsi- This bilateral free-trade agreement of Labor report indicates that enforce- bility—half with the President and half could also serve as the foundation for a ment of existing laws is severely con- with the Senate, as we know—is be- far wider free-trade agreement with the strained. cause this is a third branch of Govern- entire region of the Middle East and So while Morocco has been a good ment with lifetime appointments, and northern Africa. friend, while they are trying to make it is very important there be the max- With respect to agriculture, this free- progress, I think our trade laws ought imum amount of input, balance, and trade agreement provides modest but to bolster that progress in doing away thoughtfulness brought to this process. clear opportunities to a wide range of with the worst forms of child labor. Unfortunately, regarding the Sixth U.S. commodities. I take into account these consider- Circuit, until we have a fair solution, I The opportunities provided in the ations when I determine whether I will believe I have no other option than to free-trade agreement in non- support a given trade agreement, as oppose this cloture vote and to urge agricultural goods and services will be well as the economic gains that may be my colleagues to do the same. substantial as well, and it reflects the generated. As in the case of Chile, my concern I thank the Chair. I yield the floor. determination of the Government of about the lack of direct protection The PRESIDING OFFICER. The Sen- Morocco to modernize their economy against the use of child labor was the ator from Iowa. to the benefit of the people of Morocco. Mr. HARKIN. Parliamentary inquiry, So count me as a friend of Morocco. overriding factor, so I voted no on the Mr. President. What is the business be- Morocco has been a strong ally of the free-trade agreement with Morocco. fore the Senate? United States. It is a moderate nation. Again, as I say, I do not want this to be The PRESIDING OFFICER. The misinterpreted in any way as any lack I have had the privilege of visiting Mo- nomination of Henry Saad to the Sixth of support for our mutual friendship rocco on at least two occasions, maybe Circuit Court of Appeals is the pending and the continued development of rela- more, and I have a great deal of respect business. tions between the United States and and admiration for the Moroccan peo- Mr. HARKIN. I thank the Chair. Morocco. ple. Nonetheless, I decided to vote UNITED STATES-MOROCCO FREE-TRADE against it because I intend to call at- APPROPRIATIONS AGREEMENT Mr. HARKIN. I was watching on the tention to the decision of U.S. nego- Mr. HARKIN. Mr. President, I wish to monitor when Senator BYRD was re- tiators to retreat from the provisions take a few minutes of the Senate’s cently on the floor talking about the under the Generalized System of Pref- time to discuss the reasons behind my lack of considering appropriations erences that requires the U.S. Govern- decision to vote against the Morocco bills. In 2 days, we are going to adjourn ment to monitor our trading partners free-trade agreement implementing for recess. What do we have to show for on their progress in meeting inter- legislation which the Senate passed it? By this point, the Senate should national standards on the use of child earlier today. I want to make very have passed most, if not all, of the 13 labor, and these provisions in the GSP clear that my vote was not in any way appropriations bills, but this year also provide leverage to encourage against a free-trade agreement with under the Republican leadership we Morocco. My vote, as was my vote those countries to continue to make have only passed one, the Defense bill. against the Chilean free-trade agree- progress by permitting sanctions to be We have not even debated the 12 oth- ment, was a protest against the contin- imposed against those who backtrack. ers, much less put them to a vote. ued determination by this administra- The Bush administration has taken a Why is that? Is it because we are so tion to undermine and to do away with weak stand toward child labor in this busy in the Senate that we cannot de- provisions that address labor issues, es- latest trade agreement. In 2000, I, along bate these? Hardly. We spent days talk- pecially the worst forms of child labor, with then-Senator Helms of North ing about judges who stand no chance that we had contained in the Jordan Carolina, authored an amendment that of being confirmed; days on an amend- free-trade agreement and relevant pro- unanimously passed the Senate that ment to ban gay unions that everyone visions in the Generalized System of extended GSP benefits to countries knew would not pass, could not even Preferences. that took steps to implement ILO Con- get a majority vote, let alone 67 votes In fact, I welcome this affirmation of vention 182 on the worst forms of child needed for a constitutional amend- the strong economic and political rela- labor, and it mandated that the Presi- ment. We spent weeks on a class action tionship that exists between the United dent report on the progress of these bill because Republican leadership did States and the Kingdom of Morocco countries. If the President determined not want to consider amendments on which can be strengthened by this that countries were not taking steps to which they thought they might lose. agreement. I recognize this legislation implement the ILO Conventions, bene- Meanwhile, the Senate leadership has is almost certain to pass the House this fits would be withheld. taken no action on increasing the min- week very easily, and the United The trade agreement that we passed imum wage or extending unemploy- States-Morocco Free-Trade Agreement with Chile earlier, and with Morocco, ment benefits that could really make a will go into effect next January. takes a step backward. As I said at the difference for hard-working Americans. The Kingdom of Morocco is a politi- time, I first proposed we have a free- The highway bill, which would create cally moderate Muslim nation that has trade agreement with Chile in 1993, 11 thousands of jobs, is now almost a year been a long-time friend of the United years ago. So I had mixed emotions overdue, hung up by a veto threat of States, a friendship that has been dem- when I had to vote against the free- the White House. The bill to authorize onstrated most recently with their sup- trade agreement with Chile because Corps of Engineers projects that are port in the aftermath of the tragedy of Chile’s Government is making great important to farmers in my State was September 11, 2001. progress. But this administration passed by the committee a month ago. Morocco has been a valuable partner sought to undermine what we had There is no sign of any consideration in in fighting the global war on terror, achieved in the Jordanian free-trade the Senate.

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 2004 CONGRESSIONAL RECORD — SENATE S8533 According to the Senate leadership, Bush’s budget, the maximum Pell A couple of years ago when the Presi- there is no time to take up appropria- grant award would be frozen for the dent signed the No Child Left Behind tions bills that provide funding for third straight year while college tui- bill, he seemed to think that education critically important Government serv- tions continue to rise through the roof. was an important Federal responsi- ices. Passing the appropriations bills The level of Pell grants in the Presi- bility—Federal, not local. The Presi- ought to be one of our top priorities. dent’s budget next year will be lower dent signed the No Child Left Behind These bills pay for everything from than it was in 2002. One wonders why so Act, a Federal mandate to local roads and veterans health to homeland many students cannot afford to go to schools. If the President thought 2 security and education. But here it is, college now or why they are borrowing years ago that education was an impor- July 21, with only 21 legislative days more money and graduating with these tant Federal responsibility, why is the remaining in the fiscal year, and we big debts. Well, maybe that is the ad- President so reluctant to have us take have passed one appropriations bill. ministration’s goal: Get these kids to up an appropriations bill that would That is all. borrow more money from the banks, fund this law? As the ranking Democrat on the pay these big interest rates, pay it I believe I know why. The Repub- Labor, Health, Human Services and back, rather than making Pell grants, licans have backed themselves into a Education Appropriations Committee, which they should be providing. corner. They are doling out so many I find this very troubling. It is not the Meanwhile, President Bush’s budget tax cuts for the rich that they do not committee chairman’s fault. I know eliminates funding entirely for pro- have any money left to fund our Na- Senator STEVENS is anxious to pass grams like school counselors, arts and tion’s schools. They know if they offer these bills. The same goes for the education, gifted and talented pro- an education bill with the limited chairman of the Labor, Health, Human grams, and dropout prevention, all ze- amount of money they are willing to Services and Education Appropriations roed out in the President’s education spend on students, there is going to be Subcommittee, Senator SPECTER. Our budget. a huge outcry across the country. The staffs have worked together closely on The administration says there is no American people would see what the money to do this, no money to make a bill. We are ready to mark it up on a President really stands for. They would good on the pledges made only 2 years moment’s notice, but the White House see, in black and white, that this ad- and the Republican leadership in the ago. Well, I am sorry if I strongly dis- ministration has no real interest in Senate seem to have no interest in agree. Bear in mind that in this same leaving no child behind. moving any appropriations bill other Four years ago we were looking at budget with all of these cuts to edu- than Defense. over $5 trillion in surpluses over 10 cation, the President calls for another The reason is simple when one thinks years, with the Federal Reserve talk- $1 trillion in tax cuts. about it. If these appropriations bills It seems to me if there is room for $1 ing about the great economic effects of get debated on the Senate floor, every- trillion in tax cuts, surely there is completely paying off the Federal debt one will see what the Republican Par- room for $9.4 billion to fund the No by 2009. That was 4 years ago. ty’s priorities are. It will be very clear. Child Left Behind education bill. That Four years later, now, this year, we The Republican Party is out of touch would be less than 1 percent of the pro- are facing a record deficit of over $400 with middle-class and low-income posed new tax cuts. billion just this year. There are many Americans. Education is a case in Time and again we hear this adminis- reasons for that turnaround, but the point. Two and a half years after Presi- tration say, well, education reform is biggest by far is the tax cuts. About dent Bush signed the No Child Left Be- not about money. It is true, education half of the tax cuts we have passed here hind Act, it is obvious he has no inten- reform is not only about money, but go to people averaging an income of tion of providing the funding to make let’s be real: If we are going to mod- over $1 million a year. Let me repeat it work. President Bush’s budget for ernize school buildings, it costs money. that: Over one-half of those tax cuts next year shortchanges the No Child If we are going to buy up-to-date text- that we have passed here go to people Left Behind Act by a whooping $9.4 bil- books and school technology, guess averaging an income of over $1 million lion. what. It costs money. If we are going a year. No wonder we hear from school to reduce class sizes, it costs money. If, This administration’s misguided tax boards, teachers, and principals all under the No Child Left Behind Act, we policies are undermining our Nation’s over our States complaining about the want highly qualified teachers in the fiscal strength; they are weakening our No Child Left Behind Act. It is an un- subjects in which they teach, guess economy, jeopardizing Social Security, funded Government mandate, the big- what. It costs money. And if we want and reducing our ability to provide for gest of all, telling our local schools to ensure all kids with disabilities are the needs of our children and our Na- what they have to do, and yet we do learning at the proficient level as re- tion’s education. It is no wonder that not provide the funding that was prom- quired by the new law, guess what. It the Senate Republican leadership ised by the President, $9.4 billion less costs money. If we want to ensure all wants to avoid the issue of education than what he promised, and it is short- young people, regardless of income, funding. They do not want to bring the changing our schools. have a shot at going to college, guess education funding bill out on the floor Look at title I in education. That is what. It costs money. Unfortunately, for open debate and amendments. They the Federal program that specifically money is something we do not get very just want to sweep it under the rug and serves disadvantaged children who are much of in the President’s education hope that no one notices. at the most risk of falling behind and budget. The Republican Party controls the being left behind. The President’s If they want a tax break for the Senate schedule, so they have that budget shortchanges this program by wealthy, they get $1 trillion. If we power. But I urge them to reconsider. more than $7 billion. Now we are up to want to fund education, forget it in the Let’s mark up the bill in sub- $16 billion in two cases of education. President’s budget. committee, to the full committee, and It is the same story with kids with We Democrats tried to increase fund- bring it to the floor. disabilities. The President’s budget ing for education during the debate on As I said, Senator SPECTER has done provides less than half of the level Con- the budget resolution in March. We of- his job. My staff worked with his staff. gress committed to paying when the fered amendments on the No Child Left We have a bill that is ready to go. Individuals with Disabilities Education Behind Act, on afterschool centers and Bring it out here. Let’s have a good de- Act was passed in 1975. Meanwhile, Mr. Pell grants, but the Republican major- bate about how much we want to fund Bush continues to oppose the bipar- ity rebuffed us every time. Now the Re- education. Give the public a chance to tisan legislation Senator HAGEL and I publican leadership in the Senate will weigh in and see an open debate. Let’s have offered to fully fund this law. not even give us a chance to debate an have amendments. Let’s vote on them. On higher education, the President education appropriations bill and offer I thought that was the way the process offers virtually no help to low- and amendments on the floor of the Senate. was supposed to work. middle-income students who cannot af- They will not even give us a chance to Maybe my friends on the other side ford to go to college. Under President do that. of the aisle are right. Maybe people

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8534 CONGRESSIONAL RECORD — SENATE July 21, 2004 really do care more about tax cuts for failed knowingly time and time again was no intervention. There was no the rich than about funding education. in the 20th century. Ten years ago we help. And the next day, these Christian I don’t think that is so, but there is failed the people of Rwanda. pastors and their families were killed, only one way to find out. That is to Samantha Power is the author of a and hundreds of others with them. bring the education appropriations bill book which I have read, a book which We failed to act in Rwanda. We can- to the floor in open debate and let Sen- haunts and inspires me. It is a book en- not fail to act in Darfur, Sudan. For ators on both sides of the aisle offer titled ‘‘A Problem From Hell: America months, in western Sudan, the their amendments. Let’s vote on those and the Age of Genocide.’’ She wrote, janjaweed, Arab militias—death amendments, and let’s see how the ‘‘The United States had never in its squads—have waged war on the ethnic elected Representatives of the people history intervened to stop genocide and African villagers. They have killed of this country feel about funding edu- had in fact rarely even made a point of thousands outright. They have engaged cation after those debates and after condemning it as it occurred.’’ in massive, systematic rape and told those votes. As I said, it seems to me That is a terrible condemnation on their victims that they hoped they this is the way our democratic system our Nation, and it is one that I think would produce ‘‘light-skinned’’ babies. is supposed to work. calls us all to action in Sudan. They have made 1.5 million people Again, I urge the Republican leader- This is not a partisan issue. I want to homeless, some internally displaced ship: Bring out our appropriations salute my colleagues on the Demo- and some forced into Chad and other bills. I focus on education because I cratic side, Senator JON CORZINE of neighboring nations. The Sudanese happen to be the ranking member on New Jersey, and on the Republican side Government, a government which the appropriations subcommittee deal- Senator SAM BROWNBACK of Kansas and should be protecting its people, has ing with education, health, and labor. Senator MIKE DEWINE of Ohio. They conspired in this mass murder and con- There are so many more, as I men- have spoken out on this floor time and tributed to it by deliberately shutting tioned, such as the highway bill and time again about the genocide in out international humanitarian efforts homeland security, that we need to get Sudan. They remember, as I remember, to reach the refugees. Starvation, dis- through on the Senate floor. There are what happened in Rwanda—what hap- ease, and exposure to the elements are 21 days left, and we have passed only pened while I was a Member of Con- also the weapons of genocide. one appropriations bill. gress, and while I did not pay as much My family grew up in Springfield, IL The Senate is not doing its business. attention as I should have. in a typical American community and It is time we do. Ten years ago, between 800,000 and a typical American neighborhood. Next I yield the floor and suggest the ab- million people were butchered in door were our closest friends, the Mays sence of a quorum. Rwanda. The killings took place with family. There was a young woman, a The PRESIDING OFFICER. The terrifying efficiency. The weapons of young girl when I first met her, who clerk will call the roll. mass destruction were simple: the ma- grew up with my kids. Her name is The assistant legislative clerk pro- chete, the club, the torch. Those with Robin Mays. She is an amazing young ceeded to call the roll. enough money in Rwanda were some- woman who succeeded in so many dif- Mr. DURBIN. Mr. President, I ask times able to pay their killers to shoot ferent facets of life and decided to en- unanimous consent that the order for them rather than hack them to death list in the Air Force right out of col- the quorum call be dispensed with. with a machete. These killings were lege. She was in the Air Force for 7 The PRESIDING OFFICER. Without crudely carried out and executed, but years as an officer in charge of logis- objection, it is so ordered. they were carefully orchestrated. They tics. When she came out of the Air Mr. DURBIN. Mr. President, I ask were designed to wipe out an ethnic Force, she came to me and said, I unanimous consent to be recognized to group, the Rwandan Tutsis, from the would like to do something that uses speak as if in morning business for 15 face of the Earth, along with any other my skills that might help people. I put minutes. moderate Hutus who dared to question her in contact with the World Food The PRESIDING OFFICER. Without the ruling ideology. Program. She went to Ethiopia, and objection, it is so ordered. Bill Clinton, a man I count as a she was involved in dealing with the Mr. DURBIN. Thank you, Mr. Presi- friend, was President of the United refugee problems and feeding thou- dent. States when this occurred. He read a sands. She came back to the United DARFUR, SUDAN series of articles about the killings in States and went to work for USIA. A Mr. DURBIN. Mr. President, 1,000 Rwanda. He turned to his National Se- few months ago, she was sent to the people died there yesterday, 1,000 peo- curity Adviser Sandy Berger and Sudan, and she is there. She is working ple will die there today, 1,000 more will asked, Is what they are saying true? in Sudan now with the victims of geno- die tomorrow and the day after that, How did this happen? Bill Clinton came cide, with the refugees. The other day and then the next day for as long as we to realize after the genocide in Rwanda she sent an e-mail to her family. She can possibly imagine. I am speaking of that the United States had made a his- shared it with me. She was so excited Darfur, Sudan. In that region of the toric, tragic mistake of not speaking because she heard there were actually world this year, 300,000 people may be up, of not moving with other nations to people in the United States talking dead; 11⁄2 million people in Sudan are stop what happened in Rwanda. He vis- about what was happening in Sudan. It homeless. Villages have been deci- ited that country and apologized on be- was encouraging to her that the rest of mated, women have been systemati- half of our country and the rest of the the world even knew what was hap- cally raped, crops have been destroyed, world for ignoring, for standing idly pening in Sudan. She didn’t hold any and wells have been poisoned with by, while a million people died. That great hope that we would run to her aid human corpses. This is genocide. Let us happened in Rwanda because the and find some relief for these poor vic- not mince words. It demands action. United States allowed it to happen. tims, but she was so encouraged that The 1948 Convention on the Preven- I am dwelling on Rwanda today, but we even knew and that we even cared. tion and Punishment of the Crime of the crisis is in Sudan. Why? Because What a sad commentary on a great Genocide requires signatories, includ- years from now I don’t want those of us nation like the United States and ing the United States of America, to serving in Congress to be asked about many other great nations around the prevent and punish acts that are ‘‘com- Sudan, How did this happen? We know world, that that is the best we can do mitted with the intent to destroy, in how it is happening, and we know it to acknowledge the problem, to express whole or in part, a national, ethical, continues to happen even as we speak. our concern. racial or religious group.’’ That is ex- Ten years ago, seven Tutsi pastors An estimated 180,000 Sudanese have actly what is taking place in Sudan trapped in a hospital that was no sanc- fled to Chad, one of the poorest coun- today. tuary wrote to the world pleading for tries in the world. Hundreds of thou- We in the United States have to join intervention and assistance. Here are sands more are displaced within Sudan, with civilized nations around the world their words: ‘‘We wish to inform you roaming around, trying to look for a to stop the genocide in Darfur because that we have heard that tomorrow we safe place or something to feed their we have failed sometimes before. We will be killed with our families.’’ There children. When you look at the images

VerDate Mar 15 2010 22:18 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21JY4.REC S21JY4 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 2004 CONGRESSIONAL RECORD — SENATE S8535 of the mothers in the Darfur region, immediately. We need to intervene. We and throughout this country, that we Sudanese mothers and their children need to see whether, in the 21th cen- at a minimum speak out, that at a with matchstick legs, covered with tury, international institutions such as minimum the voice of this Congress be flies, dying, starving right before our the United Nations can succeed where heard, and that we then move forward eyes, we have to ask, are we doing others have failed. on the path, beyond speaking out, that what we should? Is the United States The United States also has rich intel- will provide some action, that will pro- doing what it should? ligence resources and capabilities that vide a level of safety, security, and We have to take steps, and we have track militia activity. We have 1,800 comfort, the basic things that need to to take them now, to stop this mass troops on Dijibouti who could join an be done in the Sudan. slaughter. We start by calling it what international humanitarian mission. As I listened, I want my friend from it is—genocide—and by labeling it a Ultimately, it is the African Union Illinois to know that his words have genocide. It calls all who signed the that must supply the personnel to en- had impact. I hope they echo far be- treaty to action to prevent genocide, force security, but we can help. yond these halls and that we do what not just to care but to do something. President Bush—and I disagree with should be done, that we make a state- The United States and the United Na- him on so many things, but I have to ment in this Congress, that statement tions must both label this for what it give him credit where it is due—helped be turned into action, and that action is. Secretary of State Powell has stated in Liberia with a handful of marines has some impact. that Sudan is ‘‘moving toward a geno- prepared to act. They brought stability (The remarks of Mr. COLEMAN per- cidal conclusion.’’ That is short of call- to a situation that seemed out of con- taining to the introduction of S. 2715 ing it a genocide, but I give the Sec- trol. We need that same leadership are located in today’s RECORD under retary of State credit. In many times again from this White House, from this ‘‘Statements on Introduced Bills and gone by, when a genocide was occur- Department of Defense, from the State Joint Resolutions.’’) ring, we could not even bring ourselves Department, and from this Congress. Mr. COLEMAN. I yield the floor and at the official level to acknowledge it. Security is a prerequisite in this suggest the absence of a quorum. Secretary of State Powell is doing country of Sudan for helicopter and The PRESIDING OFFICER. The that, and I salute him for it. Sudan has truck transport which is going to carry clerk will call the roll. reached the stage of genocide, but that supplies to those who are literally The legislative clerk proceeded to genocide has not reached its final con- starving to death. The Sudanese Gov- call the roll. clusion. There is still time to save the ernment has to rein in these militias. Mr. FRIST. Madam President, I ask lives of hundreds of thousands. It cannot continue to look the other unanimous consent the order for the On Friday of this week, many of us way. It recently allowed some relief quorum call be rescinded. will leave this Chamber. We will be off supplies to be offloaded, but the Gov- The PRESIDING OFFICER. Without to political conventions, campaigns, ernment has helped unleash the geno- objection, it is so ordered. time with our families, vacations. The cide in the Sudan, helped arm and di- Mr. FRIST. Madam President, last first part of September, we will return. rect the Janjaweed. They cannot be night I filed a cloture motion on the Six weeks from now, 45 days from now, trusted to see to their disarmament Sixth Circuit judicial nomination of we will be back, but during that 45-day without international supervision. We Henry Saad. That vote will occur to- period of time, 40,000 or 50,000 innocent have voted to extend millions in emer- morrow morning. Two additional Sixth people will die in the Sudan. There is gency assistance to Sudan, but that as- Circuit nominations are on the Execu- no vacation from genocide. There is sistance will never reach them unless tive Calendar, ready for consideration. certainly no vacation from the Sudan. we create conditions on the ground I am prepared to ask unanimous con- I try to imagine, as I stand here with that allow its distribution. sent for time agreements and up-or- all the comforts of being a U.S. Sen- Mine is only one voice in a Chamber down votes on these nominations; how- ator in this great country, what it of 100 Senators, in a nation of millions ever, I understand that there will be must be like to be a mother or a father of people. I don’t know that what I objection from the other side. in that country now watching your have to say in the Senate will have an I ask the Democrat leadership if it is children starve to death, fearing sys- impact on anyone, but I could not and true they would not agree to a time tematic rape, torture, and killing, many of my colleagues could not coun- agreement on these Sixth Circuit which have become so routine. tenance leaving Washington in good nominations? We have to do something. We have to conscience for an August vacation re- Mr. REID. The majority leader is cor- do it now. Congress should move to cess and acting like the carnage in rect. pass resolutions to let the world know Sudan is not occurring. It is genocide. f we are prepared to move forward. Sen- Those in the civilized world must stand ator BROWNBACK, a Republican from up and not only condemn it but take NOMINATION OF RICHARD A. GRIF- Kansas, and Senator CORZINE, a Demo- action to bring it to an end as quickly FIN TO BE UNITED STATES CIR- crat from New Jersey, are pushing for- as possible. CUIT JUDGE FOR THE SIXTH ward a resolution that we should not I yield the floor. CIRCUIT leave this city for any length until it is The PRESIDING OFFICER (Ms. COL- enacted. But we need not just words. LINS). The Senator from Minnesota. We need to continue to send assistance, Mr. COLEMAN. Madam President, I NOMINATION OF DAVID W. as we have, and we deserve credit as a rise to speak on a matter different MCKEAGUE TO BE UNITED nation for caring and reaching out, but than what my friend and colleague STATES CIRCUIT JUDGE FOR we need to do more—food, water, medi- from Illinois has spoken about, but be- THE SIXTH CIRCUIT cine, but also security for foreign aid fore I do, I associate myself with his Mr. FRIST. With that objection, I workers to get in and to allow the Su- comments. ask unanimous consent that the Sen- danese refugees to return home. I stand with him and others on both ate proceed en bloc to the nominations The United Nations Security Council sides of the aisle in asking the ques- of Calendar No. 789, Richard Griffin, to has failed as well. It has been stymied tion, Are we doing all that we should be U.S. Circuit Judge for the Sixth Cir- by several nations which don’t want to be doing in the Sudan? Genocide is oc- cuit, and No. 790, David McKeague, to hold the Sudanese Government respon- curring. We can have debate about the be U.S. Circuit Judge for the Sixth Cir- sible for what is happening. We need to legal definition of genocide, but for the cuit. move immediately. I know our new folks who are experiencing the pain The PRESIDING OFFICER. Without U.N. ambassador, Jack Danforth, a and the suffering, the torture, they are objection, the clerk will report the man whom I greatly respect, a man of not interested in legal debate. nominations. conscience, understands this, as we do. I hope we heed the call of my friend The legislative clerk read the nomi- He needs to push those members of the from Illinois, that before we leave, be- nations of Richard A. Griffin, of Michi- Security Council to get the United Na- fore we go home to be with our families gan, to be United States Circuit Judge tions to act on Darfur and the Sudan and do the things we do in our State for the Sixth Circuit;

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