June 17, 2013 CONGRESSIONAL RECORD — SENATE S4511 these counterterrorism programs. undergraduate and law degrees from for this position, and I am very pleased These programs are legal, constitu- the University of , a school to be here today to support him. tional, and utilized only under the that I am proud to call my alma mater. Ken has a long and distinguished strict oversight of both parties and all After graduating he was a law clerk record of public service, including more three branches of government, includ- to New Mexico Justice than a decade of service in our mili- ing a highly scrutinized judicial proc- Joseph Baca, and he worked as a legis- tary. Ken has served as the U.S. attor- ess. In the end, these programs rely on lative assistant for Senator Jeff Binga- ney for New Mexico since April 2010. the trust of the American people. And man. His elevation to lead that office fol- with that trust lacking today, I am He began his career as a Federal lowed more than a decade of service asking my fellow Members of Congress, prosecutor in the U.S. Attorney’s Of- there as an assistant U.S. attorney. I as well as the media, to fact-check first fice for the District of New Mexico in would like to highlight at least one of before mischaracterizing programs 1999, prosecuting a wide range of Fed- his many accomplishments that I find that save lives. eral offenses, including narcotics and particularly important. I believe we can—and we must—pro- violent crime cases. He holds the rank I think Ken’s efforts as U.S. attorney tect both security and liberty when it of major as a judge advocate in the demonstrate not only his character and comes to counterterrorism efforts, and U.S. Army Reserve, which he joined in his intellect but the dedication that he I believe these programs do just that. September 2001. He has provided crit- has to serving his home State and Mr. President, I yield the floor. ical legal assistance to hundreds of ac- making it a better place for all our f tive and retired soldiers and spouses, residents. both here and overseas. In 2008 he was Much of New Mexico is Indian Coun- CONCLUSION OF MORNING called to Active Duty as a part of Oper- try for which the U.S. attorney has the BUSINESS ation Enduring Freedom, where he was responsibility to prosecute criminal ac- The PRESIDING OFFICER. Under stationed at Fort Bragg and served as a tivity. Ken has taken the initiative to the previous order, morning business is senior trial counsel. reorganize and focus the U.S. attor- closed. Mr. Gonzales has been an exemplary ney’s resources to more effectively U.S. attorney for the District of New combat the higher-than-average rates f Mexico. He oversees a broad array of of violent crime, sexual assault, and EXECUTIVE SESSION criminal and civil cases. sexual abuse that have plagued Indian f I would also like to note that he has Country. made Indian Country a priority in the This includes creating the first In- NOMINATION OF LUIS FELIPE U.S. Attorney’s Office, making a real dian Country Crime Section within any RESTREPO TO BE UNITED difference in prosecuting cases of vio- U.S. Attorney Office. This section in- STATES DISTRICT JUDGE FOR lence against native women and chil- cludes a team of lawyers responsible THE EASTERN DISTRICT OF dren. for pursuing felony offenses on tribal PENNSYLVANIA Not surprisingly, his advice and lands. The office is also collaborating f counsel are highly valued. He serves on with tribal prosecutors to investigate NOMINATION OF KENNETH JOHN the Attorney General’s Advisory Com- and prosecute domestic violence in GONZALES TO BE UNITED mittees on Native American Issues, on more than 20 pueblos and tribes located STATES DISTRICT JUDGE FOR the Southwest Border and Immigration throughout the State of New Mexico. THE DISTRICT OF NEW MEXICO Issues, on the Environmental and Nat- This is just one example of Ken’s ural Resources Working Group, and is a work, but throughout his career Ken The PRESIDING OFFICER. Under member of the Tenth Circuit Advisory has shown a dedication to serving the the previous order, the Senate will pro- Council. people of New Mexico. It is the sum of ceed to executive session to consider He is also a member of the New Mex- all his efforts and accomplishments the following nominations, which the ico Hispanic Bar Association. If con- that make me believe he will make an clerk will report. firmed, he will join only 58 other His- outstanding addition to the Federal The legislative clerk read the nomi- panic active district court judges—less bench, and I am pleased that today we nations of , of than 10 percent of the country’s 677 dis- are at the final step toward getting Pennsylvania, to be Dis- trict court judgeships. him here. trict Judge for the Eastern District of Mr. Gonzales is esteemed for his di- The process for getting to the Fed- Pennsylvania and verse experience, for his even tempera- eral bench is a long road to travel. The Kenneth John Gonzales, of New Mex- ment, and for his integrity. From a Judiciary Committee’s leadership from ico, to be United States District Judge young man dreaming of going to col- both sides of the aisle takes seriously for the District of New Mexico. lege, to his life in public service, his its responsibility to ensure that every The PRESIDING OFFICER. Under story is one of great determination and nominee is fit to serve. I want to say a the previous order, there will be 30 commitment. He has shown a reverence special thanks to Senator LEAHY and minutes of debate equally divided and for and dedication to the law through- Senator GRASSLEY for working to- controlled in the usual form. out his career. gether and with Senator UDALL and The Senator from New Mexico. I urge his confirmation. I know Ken myself to get Ken through this process. Mr. UDALL of New Mexico. Mr. Gonzales will serve New Mexico well on As the vetting process surely showed, President, I am pleased to rise today to the Federal bench. Ken has the knowledge, temperament, strongly support the confirmation of Mr. President, I yield the floor. and integrity to serve on the Federal Kenneth Gonzales for U.S. district The PRESIDING OFFICER. The Sen- bench. I have no doubt that he will dis- judge for the District of New Mexico. ator from New Mexico. tinguish himself there, as he has Mr. Gonzales is an exceptional nomi- Mr. HEINRICH. Mr. President, I throughout his entire legal career. nee with an impressive range of legal would like to take a few minutes to I strongly support his nomination, experience and expertise. He was also speak about the nomination of and I urge all of my colleagues to do unanimously confirmed by the Senate Kenneth Gonzales to be a Federal dis- the same. as the U.S. attorney for the District of trict judge for the District of New Mex- Mr. President, I yield the floor. New Mexico in 2010. But he is more ico. ∑ Mr. TOOMEY. Mr. President, I wish than just his resume, remarkable as it Ken, as he is known back home to to offer my full support for the nomi- is. He is also an inspiring American many of us, is truly a standout nomi- nation of Judge Luis Felipe Restrepo story. nee. I wish I could take credit for his to serve as U.S. District Judge for the Mr. Gonzales grew up in the Pojoaque nomination, but that credit belongs to Eastern District of Pennsylvania. Valley in the northern part of our our former U.S. Senator Before I begin, I wish to take this op- State. He was the first in his family to and to our senior Senator . portunity to thank Chairman LEAHY graduate from college. With the help of But I want to thank both of them for and Senator GRASSLEY for helping fa- scholarships and grants, he received his putting forward such a great candidate cilitate Judge Restrepo’s confirmation

VerDate Mar 15 2010 02:05 Jun 18, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.026 S17JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4512 CONGRESSIONAL RECORD — SENATE June 17, 2013 hearing and Leader REID and Leader In 1954, I was 10 years old in the At- and then say: Why don’t you send more MCCONNELL for their assistance in lanta public schools when Brown v. people? Frankly, a lot of people say: bringing his nomination to the Senate Board of Education was decided in the Why should I spend 6 months or a year floor. U.S. Supreme Court. JOHN LEWIS was 4 waiting while they hold me up? Now I would also like to thank Senator years older than me. He was born just the President has sent nominees for CASEY for his collaboration in our bi- outside of Pike County, AL, and went the multiple vacancies that continue partisan effort to fill Pennsylvania’s to the Pike County, AL, segregated on the DC Circuit. So the same Sen- judicial vacancies with exceptional public school. He went on to Fisk Uni- ators who are complaining that he was candidates. Over the past 21⁄2 years, we versity to get a degree in religion and not sending up nominees now say he is have worked together to identify and philosophy and volunteered for sit-ins sending up too many. My friends on the recommend eight candidates, seven of in Nashville to break the first sit-in on other side of the aisle are saying: You whom have been confirmed. The people lunch counters in the history of that are not sending up enough, but you are of Pennsylvania value this bipartisan city. sending up too many. I think maybe spirit and I am pleased our joint efforts This year marks the 50th anniversary the American people see the fallacy of have led to today’s consideration of of what is called the Big Six in civil that argument. Judge Restrepo. rights. As I am sure the Presiding Offi- Having been unfairly criticized in Judge Restrepo currently serves as a cer will remember, it was 50 years ago connection with the nomination of Federal magistrate judge for the U.S. this August that Martin Luther King Judge Srinivasan, with some Senate District Court for the Eastern District led a march in Washington and gave Republicans saying: Why didn’t you get of Pennsylvania. A native of Columbia, his great speech, ‘‘I Have a Dream’’ at him up here earlier for a vote, even he was raised in Northern and the Lincoln Memorial. There were six though Republicans had asked us to received his citizenship in 1993. A grad- great civil rights leaders then. There is delay him, I have learned from that uate of the University of Pennsylvania, only one left, and that is JOHN ROBERT that when cooperating and delaying at he went on to earn his J.D. from LEWIS. He is my friend, he is my com- their request, I am going to get criti- Tulane School of Law. patriot, and our lives have paralleled cized for delaying, so going forward I Judge Restrepo brings a strong each other all the way through. will be making every effort to schedule record as an attorney in both the pub- JOHN introduced me when I was first prompt hearings for these impressive lic and private sector, which helps ex- elected to the U.S. House of Represent- nominees, each of whom received the plain why he merited a unanimous atives, and I was honored for that in- highest possible rating of ‘‘well quali- ‘‘Well Qualified’’ rating from the troduction. This year I joined JOHN on fied’’ from the nonpartisan ABA Stand- American Bar Association. After work- the 50th anniversary of the crossing of ing Committee on the Federal Judici- ing as a public defender, he then prac- the Edmund Pettus Bridge in Selma, ary. We have three people with the ticed law at the law firm of Krasner & AL, the historic march, the bloody highest possible rating. Restrepo, focusing on criminal defense march on Bloody Sunday, which turned The last time we had someone for the and civil rights litigation. After 13 around the Voting Rights Act, saw to DC Circuit, even though Republicans years in the private sector, Judge it that every American got equal ac- kept saying: Let’s delay, keep delay- Restrepo was selected to be a Federal cess to vote, and changed the history of ing—and I did so at their request—and magistrate judge and has served the our country. they criticized me for delaying, here we public in this capacity for 7 years. It is an honor and a privilege for me are and we are going forward with Aside from his legal duties, Judge to honor JOHN today on this 50th anni- them. Restrepo has devoted significant time versary of the crossing of the Edmund Frankly, I voted for a lot of Presi- to his community. In addition to his Pettus Bridge and honor a career that dent Bush’s nominees. In fact, I would involvement with the Make-A-Wish has been dedicated to liberty and free- say I voted for 97 or 98 percent of all Foundation, he established the Police/ dom for all Americans. Republican nominees over 38 years. I Barrio project, which focuses on im- JOHN recently suffered the loss of his voted for more Republican judicial proving the relationship between the beautiful wife Lillian. She is survived nominees than any Republican pres- Police Department and Latino Commu- by their son John Miles Lewis. JOHN is ently in the Senate. There is no Repub- nity in . a great leader to this day on the floor lican in the Senate who has voted for I am very confident that Judge of the House, a great leader for the more Republican nominees of Repub- Restrepo’s judicial experience, legal State of Georgia, and one with whom I lican Presidents, nominees for judge- acumen, and dedication to public serv- am pleased to serve as Senator. ships, than I have. So I do not need a ice will serve him well should he be History has many heroes, as we all lecture about holding things up. confirmed for the Federal bench. I am know—their pictures and their carv- I have consulted with the ranking pleased to support this highly qualified ings are all over this Capitol. But none Republican on the committee and in- nominee and I urge my colleagues to is greater than one who has sacrificed formed him that I plan to notice the vote for his confirmation.∑ their life for the rights of others and first hearing for July 10. That gives Mr. GRASSLEY. Mr. President, I for everyone to enjoy the same rights plenty of time for everybody to read all suggest the absence of a quorum. that everyone else in America has. the nominee’s materials. We will be on The PRESIDING OFFICER. The JOHN LEWIS is such a person. I am hon- vacation for the Fourth of July week; clerk will call the roll. ored to recognize him with this resolu- they can read it during vacation. That Mr. ISAKSON. Mr. President, I ask tion. will be 36 days since the nominations unanimous consent that the order for Mr. President, I yield for the distin- and on a slightly slower timeline than the quorum call be rescinded. guished Senator from Vermont. we followed for the more recent con- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- firmation of the nominee to the Eighth objection, it is so ordered. ator from Vermont. Circuit. I am delighted to include the Mr. ISAKSON. I ask permission to Mr. LEAHY. Mr. President, on the nomination of of Vir- speak for 3 minutes as if in morning question of nominations, I attended ginia, who should have broad bipar- business. President Obama’s announcement of tisan support, in our July 10 confirma- The PRESIDING OFFICER. Without the nomination to the DC Circuit a tion hearing. objection, it is so ordered. couple of weeks ago. I have heard some It is disappointing that the same Re- CONGRESSMAN JOHN ROBERT LEWIS of my colleagues on the Republican publican Senators who said during the Mr. ISAKSON. Mr. President, I rise side being very critical of the Presi- George W. Bush administration that proudly today to speak to a resolution dent for not sending nominations for the DC Circuit should have 11 filled that I have submitted in the Senate judicial vacancies to the Senate, even judgeships and who voted to confirm commending JOHN ROBERT LEWIS, Con- though when he has, some of them President Bush’s nominees for the 9th, gressman, from the city of Atlanta, have held them up for 6 months to a 10th and 11th seats, now that there is a civil rights leader in the 1960s and year before they then vote overwhelm- Democratic President of the United 1950s, and my personal friend. ingly for the person. They hold him up States in the White House, they say no,

VerDate Mar 15 2010 02:05 Jun 18, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A17JN6.026 S17JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 17, 2013 CONGRESSIONAL RECORD — SENATE S4513 no, they should not be filled. It seems to lock in their partisan advantage, est number of pending appeals per ac- this President has to be treated dif- and thwart the will of the American tive judge in the country. It did not ferently than the previous Presidents. I people, who elected . bother Senate Republicans voting this am not sure why the difference, but Even conservative columnist Byron past April to confirm an Eighth Circuit that is what they want. It is dis- York has tweeted: ‘‘It doesn’t strike nominee from Iowa, giving that Court appointing as well that Republican me as ‘packing’ to nominate candidates the lowest number of pending appeals Senators I have helped fill circuit va- to available seats.’’ per active judge in the country. Yes, cancies with nominees from their home ’s ‘‘Fact Check- lower than the D.C. Circuit. I do not re- states, over opposition from their own er’’ blog has also looked at the argu- call seeing any bills from Senate Re- Republican Senate caucus, are ready to ments about the D.C. Circuit’s caseload publicans to eliminate the Oklahoma tow their party’s line when it comes to that Senate Republicans are using to and Iowa judgeships. the D.C. Circuit. justify their attempt to eliminate This falls into a pattern that we have Following President Obama’s reelec- three seats on that court, and has seen from Senate Republicans over the tion, Senate Republicans are even pro- judged them worthy of two past 20 years. While they had no prob- posing to eliminate those D.C. Circuit ‘‘Pinocchios,’’ meaning: ‘‘Significant lem adding a twelfth seat to the D.C. judgeships legislatively. Their claims omissions and/or exaggerations. Some Circuit in 1984, and voting for Presi- of concern about the caseloads of the factual error may be involved but not dent Reagan’s and President George Second and Eleventh Circuits but not necessarily. A politician can create a H.W. Bush’s nominees for that seat, the most overburdened Ninth Circuit false, misleading impression by playing they suddenly ‘‘realized’’ in 1995, when are difficult to reconcile with their with words and using legalistic lan- a Democrat served as President, that votes for President Bush’s D.C. Circuit guage that means little to ordinary the Court did not need that judge. nominees. As one scholar at the non- people.’’ Judge was finally con- partisan Brookings Institution has Senate Republicans should know that firmed in 1997 after President Clinton said, this ‘‘fooled no one who was pay- their argument about the D.C. Circuit’s was reelected but Senate Republicans ing attention.’’ caseload is misleading. While they would not act on his final two nomi- I cannot help but wonder where Sen- claim expertise in the matter because nees to the D.C. Circuit. ate Republicans’ concern about the of a hearing they held in 1995, the fact In 2002, during the George W. Bush caseload of the Second Circuit was is that their current claims fly in the administration, the D.C. Circuit’s case- when they needlessly delayed the con- face of the actual testimony from that load had dropped to its lowest level in firmation of Gerard Lynch for three hearing. They are fond of citing the the last 20 years. During that Repub- months; when they needlessly delayed testimony of Judge Laurence Silber- lican administration, Senate Repub- the confirmation of man, a Reagan appointee, that he felt licans had no problem voting to con- for seven months; when they needlessly the 12th seat was not necessary. What firm President Bush’s nominees to the delayed the confirmation of Susan Car- Senate Republicans do not mention is ninth, tenth and eleventh seats. These ney for five months; when they un- that Judge Silberman believed that 11 are the same seats they wish to elimi- fairly stalled the nomination of Judge judgeships was the proper number on nate now that Barack Obama is Presi- Robert Chatigny and then needlessly that Circuit, and that the notion that dent, even though the Court’s current delayed the confirmation of the next the D.C. Circuit should have only nine caseload is consistent with the average Connecticut nominee, Chris Droney, judges was ‘‘quite farfetched.’’ Judge over the past 10 years. Even on its own for four months; or when they need- Silberman also said that ‘‘the unique terms, it is apparent that this argu- lessly delayed the confirmation of nature of the D.C. Circuit’s caseload’’ ment has nothing to do with caseload, for four months and forced means that it is not directly com- and everything to do with who is Presi- the Majority Leader to file cloture to parable to the other circuit courts. dent. When Senate Republicans get se- get a confirmation vote. Even though their own witness contra- rious about ensuring our Federal I wonder where their concern about dicted them, 18 years later Senate Re- courts are adequately staffed, I am the caseload of the Eleventh Circuit publicans continue to make their par- more than happy to work with them on was when they needlessly delayed the tisan argument. In addition, we elimi- a long-overdue judgeship bill. But this confirmation of Beverly Martin for nated that twelfth seat years ago. selective concern about the D.C. Cir- four months, or when they needlessly In its April 5, 2013 letter, the Judicial cuit, and the fact that in 2008 the mi- delayed the confirmation of Adalberto Conference of the United States, nority blocked a Judiciary Committee Jordan for four months and forced a chaired by , hearing on ‘‘The Growing Need for Fed- cloture vote before his confirmation. I sent us recommendations ‘‘based on eral Judgeships,’’ does not reflect such am prepared to help alleviate concern our current caseload needs.’’ They did seriousness. about the caseload of the Eleventh Cir- not recommend stripping judgeships I urge those Republicans who say cuit by scheduling a hearing on the from the D.C. Circuit but stated that first that the President is not moving nomination of Jill Pryor, a ‘‘well quali- they should continue at 11. Three are fast enough and then, when he does fied’’ nominee from Georgia to the currently vacant. According to the Ad- move, say he is moving too fast, to re- Court, if her home State Senators ministrative Office of U.S. Courts, the consider their approach, work with the would return their blue slips indicating caseload per active judge for the D.C. President, and let’s have fair hearings that they do not object to her nomina- Circuit has actually increased by 46 on these three nominees and go for- tion going forward. percent since 2005, when the Senate ward with them. If we do, I am con- The American people are not fooled. confirmed President Bush’s nominee to fident we will agree that they are well- Senate Republicans are now playing by fill the eleventh seat on the D.C. Cir- qualified judicial nominees. a different set of rules. Politifact has cuit. When the Senate confirmed RESTREPO AND GONZALES NOMINATIONS looked at their argument that Presi- Thomas Griffith—President Bush’s Last week the Senate failed to com- dent Obama is trying to ‘‘pack’’ the nominee to the eleventh seat—in 2005, plete action on one of the three nomi- D.C. Circuit, and rated it ‘‘false.’’ It the confirmation resulted in there nations pending for vacancies in the goes on to note that the Republican being approximately 121 pending cases Eastern District of Pennsylvania. Even bill to eliminate D.C. Circuit judge- per active D.C. Circuit judge. Accord- though Senate Democrats had expe- ships ‘‘comes closer to the kind of ing to the most recent data, there are dited three of President Bush’s nomi- structural meddling typical of court currently 177 pending cases for each ac- nees to that court, confirming them all packing than does Obama’s approach.’’ tive judge on the D.C. Circuit, 46 per- by voice vote just 1 day after they had In the last 30 years, Republican presi- cent higher. been reported by the Judiciary Com- dents have appointed 15 of the last 19 Further, concerns about low case- mittee, Senate Republicans refused to judges named to the D.C. Circuit. Now loads did not bother Senate Repub- do the same for President Obama’s that these three vacancies exist during licans voting this past February to nominees. They refused even though all a Democratic presidency, Senate Re- confirm a Tenth Circuit nominee from three had the bipartisan support of publicans are trying to use legislation Oklahoma, giving that Court the low- their home State Senators and the

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The non- ing the facts on judicial nominations. delay, the Senate will finally vote on partisan Congressional Research Serv- Today, we will confirm two more nomi- the nomination of Judge Luis ice has noted that it will require 31 nees. I would note that we confirmed Restrepo, more than 100 days after he more district and circuit confirmations two judges just 4 days ago. was voted out of the Judiciary Com- this year to match President Bush’s 5- After today, the Senate will have mittee unanimously. When the Senate year total. Even with the confirma- confirmed 197 lower court nominees; we is finally allowed to act, we will con- tions finally concluded during the first have defeated two. That is 197–2. That firm a judge to fill a 4-year vacancy. 6 months of this year, Senate Repub- is an outstanding record. That is a suc- The Eastern District of Pennsylvania licans have still not allowed President cess rate of 99 percent. is a court that needs judges. Even with Obama to match the record of Presi- And we have been doing that at a fast today’s vote, it will remain nearly 20 dent Bush’s first term. Even with an pace. During the last Congress we con- percent vacant. The Senate should be extra 6 months, we are still 10 con- firmed more judges than any Congress taking swift action to fill these kinds firmations behind where we were at the since the 103rd Congress, which was of vacancies, not delaying for no good end of 2004. 1993–94. reason. This obstruction does a dis- Luis Restrepo has served as a U.S. This year, the beginning of President service to the people of Pennsylvania, Magistrate Judge in the Eastern Dis- Obama’s second term, we have already and to all Americans who depend on trict of Pennsylvania since 2006. Prior confirmed more judges than were con- our Federal courts for justice. to his appointment to the Federal firmed in the entire first year of Presi- I regret that I must correct the bench, he was a founding partner of dent Bush’s second term. Let me em- RECORD, again. The recent assertion by Krasner & Restrepo, a firm that fo- phasize that again—We have already Senate Republicans that 99 percent of cused on civil rights and criminal de- confirmed more nominees this year President Obama’s nominees have been fense work. He has also worked as an than we did during the entirety of 2005, confirmed is not accurate. President adjunct professor at Temple Univer- the first year of President Bush’s sec- Obama has nominated 237 individuals sity, Beasley School of Law and the ond term. to be circuit or district judges, and 195 University of Pennsylvania Law After today, only five article III have been allowed to be confirmed by School. Before co-founding his own law judges remain on the Executive Cal- the Senate. That is 82 percent, not 99 firm, Judge Restrepo was an Assistant endar—three district nominees and two percent. By way of comparison, at the Federal Defender for the Eastern Dis- Circuit nominees. Two of those were reported out last same point in President Bush’s second trict of Pennsylvania, an Assistant De- week, two more about a month ago, term, June 17 of his fifth year in office, fender for the Defender Association of and one has been on the calendar for President Bush had nominated four Philadelphia, and a Law Clerk for the about two months. Yet, somehow Sen- fewer people, but had seen 215 of them ACLU’s National Prison Project. The ate Democrats cite this as evidence of confirmed, which is 20 more confirma- nonpartisan ABA Standing Committee obstructionism. tions. The truth is that 92 percent of on the Federal Judiciary has unani- Compare that to the calendar of June President Bush’s judicial nominees had mously rated Judge Restrepo ‘‘well 2004, when 30 judicial nominations were been confirmed at the same point, 10 qualified.’’ He is supported by both his on the Calendar—10 Circuit and 20 Dis- percentage points more than have been home State Senators, Senator CASEY trict. In fact, four of those were from allowed President Obama. That is an and Senator TOOMEY. Pennsylvania, as is one of our nomi- apples to apples comparison, and it Kenneth Gonzales has been the nees today. I don’t recall any Senate demonstrates the undeniable fact that United States Attorney for the District Democrats complaining about how the Senate has confirmed a lower num- of New Mexico since 2010. He served as many nominations were piling up on ber and lower percentage of President an Assistant U.S. Attorney in that of- the calendar, nor do I remember prot- Obama’s nominees than President fice for the previous 11 years. Prior to estations from my colleagues on the Bush’s nominees at the same time in working with the U.S. Attorney’s Of- other side that judicial nominees were their presidencies. fice, Kenneth Gonzales spent 3 years as moving too slowly. I noted at the end of last year, while a Legislative Assistant to former Sen- Last week, when we confirmed two Senate Republicans were insisting on ator Jeff Bingaman and 2 years as law Pennsylvania judges, there were state- delaying confirmations of 15 judicial clerk to the Honorable Joseph F. Baca ments made on the floor that we were nominees that could and should have of the New Mexico Supreme Court. He treating President Obama’s nominees taken place then, that we would not also serves in the United States Army very different than those of President likely be allowed to complete work on Reserve as a Judge Advocate General. Bush. But look at the record. As I said, them until May. That was precisely the Kenneth Gonzales has the support of there were four Pennsylvania nominees Republican plan. So when Senate Re- his home State Senators, Senator TOM on the calendar in June of 2004. publicans now seek to claim credit for UDALL and Senator , Gene Pratter was nominated in No- their confirmations in President and was reported unanimously from vember 2003, had a hearing in the fol- Obama’s second term, they are inflat- the Judiciary Committee 2 months ago. lowing January, was reported in ing the confirmation statistics. The I want the Senate to make real March, and was confirmed in June. truth is that only nine confirmations progress on filling judicial vacancies so Lawrence Stengel was nominated in have taken place this year that are not that the American people have access November 2003, had a hearing the fol- attributable to those nominations Sen- to justice. In President Bush’s first lowing February, was reported in ate Republicans held over from last term, half of his consensus district March, and was confirmed in June. year and that could and should have nominees waited 18 days or fewer for a Juan Sanchez was nominated in No- taken place last year. To return to the vote, so we know the Senate is capable vember, had a hearing the following baseball analogy, if a baseball player of swift action on nominations. There February, was reported in March, and goes 0-for-9, and then gets a hit, we do is no reason consensus nominees like was confirmed in June. not say he is an all-star because he is Judge Restrepo and Kenneth Gonzales Those milestones are nearly identical batting 1.000 in his last at bat. We rec- should have to wait 2 or 3 months for a to our Pennsylvania nominee today ognize that he is just 1-for-10, and not vote. The only reason for these delays who was nominated last November. a very good hitter. Nor would a fair is because of Republican refusal to Just like the ones I mentioned, he had calculation of hits or home runs allow allow votes. These nominees deserve a hearing the following February, was a player to credit those that occurred better, and the American people de- reported in March, and now will be con- in one game or season to the next be- serve better. firmed in June.

VerDate Mar 15 2010 02:23 Jun 18, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.029 S17JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 17, 2013 CONGRESSIONAL RECORD — SENATE S4515 If we have been unfair to this nomi- Joseph F. Baca of the New Mexico Su- malpractice, wrongful death, and fire nee, as it is now claimed, where was preme Court. In 1996 he worked as a cases. the outcry from Senate Democrats on legislative assistant to Senator Jeff Judge Restrepo was appointed to be a the Bush nominees I just described? Bingaman. From 1999 to 2010, Mr. United States Magistrate Judge for the The fact is there is no difference in how Gonzales served as an Assistant United Eastern District of Pennsylvania in this President’s nominees are being States Attorney in the U.S. Attorney’s 2006. As magistrate judge, he manages treated versus how President Bush’s Office for the District of New Mexico. all aspects of the pre-trial process in nominees were treated. His primary responsibility was crimi- civil cases: conducting evidentiary Remember, now there are only five nal prosecution including large-scale hearings, ruling on non-dispositive mo- article III judicial nominees remaining drug trafficking cases with various tions, and making reports and rec- after today’s vote. Yet, as I mentioned, Federal agencies and a small number of ommendations regarding dispositive in June 2004 there were 30 nominations violent crime cases originating in the motions. pending on the calendar. Some of those Mescalero Apache Reservation. In 2006 The American Bar Association’s nominees had been reported out more Mr. Gonzales transferred to the Albu- Standing Committee on the Federal than a year earlier and most were querque Violent Crime Section where Judiciary gave him a ‘‘Well Qualified’’ pending for months. And some of them he prosecuted violent crime occurring rating. never got an up or down vote. on Indian Reservations as well as sev- I yield the floor, and I suggest the ab- The bottom line is that the Senate is eral bank robbery and firearms-related sence of a quorum. processing the President’s nominees cases that originated in the Albu- The PRESIDING OFFICER. The exceptionally fairly. President Obama querque area. In 2009 he transferred to clerk will call the roll. certainly is being treated more fairly the Narcotics section as a designated The assistant bill clerk proceeded to in the beginning of his second term attorney for the Department of Justice call the roll. than Senate Democrats treated Presi- Organized Crime Drug Enforcement Mr. LEAHY. Mr. President, I ask dent Bush in 2005. It is not clear to me Task Force where his work was pri- unanimous consent that the order for how allowing more votes so far this marily long-term and complex nar- the quorum call be rescinded. year than President Bush got in an en- cotics trafficking investigations and The PRESIDING OFFICER. Without tire year amounts to ‘‘unprecedented prosecutions. In 2010 he became the objection, it is so ordered. delays and obstruction.’’ Yet, that is United States Attorney for the District Mr. LEAHY. Mr. President, I ask the complaint we here over and over of New Mexico. that any time remaining be yielded from the other side. Since 2001 Mr. Gonzales has served as back. Last week it was stated that with a Reserve officer with the United The PRESIDING OFFICER. Without this President, ‘‘Republicans have States Army Judge Advocate General’s objection, it is so ordered. never let vacancies get below 72.’’ Corps. In November 2008 he was mobi- All time is yielded back. After today’s votes there will be 77 lized to active duty and stationed at The question is, Will the Senate ad- vacancies in the federal judiciary. But Fort Bragg, NC with the 18th Airborne vise and consent to the nomination of 52 of those spots are without a nomi- Corps where he conducted legal re- Luis Felipe Restrepo, of Pennsylvania, nee. How is it the fault of the Repub- views, official responses to Freedom of to be United States District Judge for licans that the President has not sent Information Act requests, Army Regu- the Eastern District of Pennsylvania? 52 nominees to the Committee? Obvi- lation 15–6 investigations, and property The nomination was confirmed. ously, common sense ought to tell you accountability investigations. Cur- The PRESIDING OFFICER. The that we can’t act on nominees who are rently he fulfills his annual Reserve re- President will be immediately notified not presented to the Senate. quirement as an Adjunct Professor of of the Senate’s action. Just one example will illustrate this. Criminal Law at the JAG Legal Center The PRESIDING OFFICER. Under Last week the Chairman of the Judici- & School in Charlottesville, VA. the previous order, the question is, Will ary Committee singled out the vacan- The American Bar Association’s the Senate advise and consent to the cies on the Eastern District of Pennsyl- Standing Committee on the Federal nomination of Kenneth John Gonzales, vania. We are confirming the third Judiciary gave him a ‘‘Qualified’’ rat- of New Mexico, to be United States judge to that Court, after the two last ing. District Judge for the District of New week. Four vacancies remain, but there Luis Felipe Restrepo is nominated to Mexico? are no nominees pending in the Senate be United States District Court Judge Mr. LEAHY. Mr. President, I request for the Eastern District of Pennsyl- for the Eastern District of Pennsyl- the yeas and nays. vania. vania. Judge Restrepo received his B.A. The PRESIDING OFFICER. Is there a It was also stated that the seat we from the University of Pennsylvania in sufficient second? are filling today has been vacant for 1989, and his J.D. from Tulane Univer- There appears to be a sufficient sec- over 4 years, as if Republicans were to sity Law School in 1986. Upon gradua- ond. blame for that. The fact is, this seat tion, he clerked at the ACLU Prison The clerk will call the roll. went vacant on June 8, 2009. President Project in Washington, DC. From 1987 The assistant bill clerk called the Obama was the President then. He to 1990, he was an assistant defender roll. waited over 3 years and 5 months be- with the Defender Association of Phila- The PRESIDING OFFICER (Ms. fore making a nomination on Novem- delphia where he represented criminal BALDWIN). Are there any other Sen- ber 27, 2012. Why did the President defendants in State and Federal court. ators in the Chamber desiring to vote? make the people of Pennsylvania wait In 1990, he became an assistant federal Mr. DURBIN. I announce that the so long? That wasn’t the fault of this defender for the Federal Community Senator from Iowa (Mr. HARKIN) and side of the aisle. Yet now we are ac- Defender for the Eastern District of the Senator from Maryland (Ms. MI- cused of obstruction. Pennsylvania, appearing at the trial KULSKI) are necessarily absent. So I just wanted to set the record and appellate level. Mr. CORNYN. The following Senators straight—again—before we vote on Judge Restrepo was in private prac- are necessarily absent: the Senator these nominees. I expect they will both tice with one partner from 1993–2006. from Oklahoma (Mr. COBURN), the Sen- be confirmed and I congratulate them There, he focused primarily on crimi- ator from Mississippi (Mr. COCHRAN), on their confirmations. And as I said at nal defense, including some death pen- the Senator from Wyoming (Mr. ENZI), the beginning, I’m going to vote to sup- alty cases. He defended clients on re- the Senator from Oklahoma (Mr. port these nominees. tainer and as a court-appointed coun- INHOFE), the Senator from Alaska (Ms. Kenneth John Gonzales is nominated sel. While in private practice the ma- MURKOWSKI), the Senator from Ala- to be United States District Court jority of Judge Restrepo’s civil cases bama (Mr. SHELBY), the Senator from Judge for the District of New Mexico. consisted of Section 1983 actions alleg- Pennsylvania (Mr. TOOMEY), the Sen- Upon graduation from the University ing police abuse and mistreatment. ator from Louisiana (Mr. VITTER), and of New Mexico School of Law in 1994, Other civil matters included represen- the Senator from Mississippi (Mr. Mr. Gonzales clerked for Chief Justice tation in workplace accident, medical WICKER).

VerDate Mar 15 2010 02:23 Jun 18, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G17JN6.046 S17JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4516 CONGRESSIONAL RECORD — SENATE June 17, 2013 The result was announced—yeas 89, America, a great institution with doing an extraordinary job of ensuring nays 0, as follows: which Senator BROWN and I are famil- Americans have basic health protec- [Rollcall Vote No. 150 Ex.] iar. We want to talk about some of its tions. YEAS—89 great achievements today. The CDC’s work, along with that of CDC is the Nation’s health protection Alexander Fischer Merkley other public health advocates and re- Ayotte Flake Moran agency, but it is really the world’s searchers, is credited with increasing Baldwin Franken Murphy health protection agency. What CDC the average American’s life expectancy Barrasso Gillibrand Murray has done is build a strong national pub- over the last many decades, increasing Baucus Graham Nelson lic health and disease detection net- Begich Grassley Paul the average American’s life expectancy Bennet Hagan Portman work for working with State and local by 25 years—25 years, a quarter of a Blumenthal Hatch Pryor agencies, private partners, universities, century longer because of our invest- Blunt Heinrich Reed and communities to stop disease and ment in public health. Boozman Heitkamp Reid Boxer Heller stop outbreaks. Risch The CDC’s reach and responsibility, Brown Hirono By way of example, CDC led a multi- Roberts as intimated by Senator ISAKSON, is Burr Hoeven Rockefeller State response to last year’s fungal Cantwell Isakson not limited by our country’s borders. Rubio meningitis outbreak that resulted in Cardin Johanns Due to globalization it matters a great Carper Johnson (SD) Sanders 745 infections and 58 deaths in 20 deal how other countries respond to Casey Johnson (WI) Schatz States. CDC identified and contained Schumer health threats. The CDC plays an es- Chambliss Kaine dangerous foodborne pathogen out- Chiesa King Scott sential role in helping its international Coats Kirk Sessions breaks, such as hepatitis A found in partners react to these threats. Shaheen Collins Klobuchar frozen berry blend; salmonella found in The CDC is the gold standard, the Coons Landrieu Stabenow the poultry industry; and E. coli found Tester global leader in disease prevention and Corker Leahy in frozen food products. Cornyn Lee Thune public health preparedness. Other na- CDC puts science into action every Cowan Levin Udall (CO) tions follow our lead. Yet the CDC’s Crapo Manchin Udall (NM) day to protect the American people, leadership is not guaranteed. Even Cruz McCain Warner using breakthroughs such as microbial with its topnotch facilities and world- Donnelly McCaskill Warren genomics to find outbreaks sooner, Durbin McConnell Whitehouse class staff, the CDC faces challenges to stop them earlier, and prevent them Feinstein Menendez Wyden this continued leadership. The CDC’s better in environmental hazards, bio- NOT VOTING—11 base budget authority is at its lowest security threats, and national disaster. level in a decade. Coburn Inhofe Toomey CDC provided direct support within Cochran Mikulski Vitter The fiscal year 2013 budget is about hours of Superstorm Sandy to the dev- Enzi Murkowski Wicker $600 million below its fiscal year 2012 Harkin Shelby astated northeast last year. We need to level. This reduction undercuts the be able to be ready for this year’s hur- The nomination was confirmed. health security of all Americans, even ricane system as it deals with other The PRESIDING OFFICER. Under those who never once think of the ex- the previous order, the motions to re- public threats. The CDC provides crucial informa- istence of the Centers for Disease Con- consider are considered made and laid trol. The reduction in the CDC budget upon the table. The President will be tion on the status of health risks to the American people. With data it helps de- has harmful, immediate, and long-term immediately notified of the Senate’s consequences across the United States action. termine the best options for preventing illness and reducing medical costs. At a and around the world. This reduction f time when the U.S. Government is not affects the ability of our State and local health departments to provide on- LEGISLATIVE SESSION looked upon with a lot of favor by the American people, I think it is very in- the-ground services. The PRESIDING OFFICER. The Sen- teresting to note that a recent Gallup As my friend from Georgia explained ate will resume legislative session. poll identified the CDC as the most during his discussion of the deadly f trusted Federal Government agency fungal meningitis outbreak, funding the CDC is critical to the foundation of MORNING BUSINESS with the American people. I think that is something to which we owe a tip of our public health. When we invest in Mr. REID. Madam President, I ask the hat. CDC, we invest in the health of fami- unanimous consent the Senate proceed Mr. BROWN. I thank Senator ISAK- lies in Lorain, OH, and Cuyahoga Falls, to a period of morning business from SON. I am so appreciative of the work OH. When we invest in CDC, we support now until 6:40 p.m. to allow a colloquy the Senator has done with the Centers programs such as the Epidemiology between Senator BROWN and Senator for Disease Control in his home State Laboratory Capacity Program which ISAKSON. of Georgia. There is no Federal agency addresses infectious disease threats. The PRESIDING OFFICER. Without that is quite like the CDC in this coun- When we invest in the CDC, we en- objection, it is so ordered. try or across the world. sure that our State and local health de- Mr. REID. When that time is up, I Our Nation’s fiscal health cannot be partments on the frontlines are able to ask unanimous consent to be recog- strengthened at the expense of our Na- detect the first signs of outbreak. nized. tion’s public health. In the 21st century Without this critical funding, we leave The PRESIDING OFFICER. Without it is easy to overlook this country’s ourselves vulnerable to the initial objection, it is so ordered. public health safety net. Too often we spread of health threats, such as fungal The Senator from Georgia. take for granted that our children are meningitis and emerging new diseases Mr. ISAKSON. I ask unanimous con- not being crippled by polio or dying such as the MERS coronavirus and the sent to be recognized along with Sen- from whooping cough because we have novel H7N9 avian flu virus, which we ator BROWN of Ohio for up to 15 min- immunizations. We take for granted read about. Unfortunately, public utes and to engage in a colloquy. that we have stronger teeth and less health departments across the Nation The PRESIDING OFFICER. Without tooth decay because of water fluorida- have already lost thousands of jobs and objection, it is so ordered. tion in many of our communities. We will lose more if our support of CDC f take for granted that few people in this continues to dwindle. country now die of infectious diseases Before turning it back over to Sen- THE CENTERS FOR DISEASE such as cholera and tuberculosis be- ator ISAKSON, I would like to emphasize CONTROL cause we have made the kind of re- a point he made. The CDC responds to Mr. ISAKSON. Madam President, I markable progress we have in sanita- long-term health threats as well as to am proud to stand here today as a resi- tion, in hygiene, antibiotics, and dis- urgent immediate health dangers. dent of Georgia and its capital city At- ease surveillance. We take these ad- These threats don’t make the head- lanta, which is the home of the Centers vancements for granted because for lines. So much of CDC’s work you for Disease Control and Prevention in over six decades the CDC has been never hear about, you never read about

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